The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 44
Paragraph- Paragraph text
- Negative perceptions of the exercise of the right to freedom of peaceful assembly are also manifested through the increasing harassment, intimidation and criminalization of activities by environmental, land rights and other activists and groups that advocate for the effective consultation and participation of affected communities in decisions affecting them. They are charged with crimes that often carry severe sentences, such as sabotage and terrorism. In Chile, the Mapuche indigenous peoples, who have long protested over the loss of their lands and territory, were charged (though eventually acquitted) under the country's anti-terrorism law; legitimate protest had thus been equated with criminal offences (see A/HRC/21/47/Add.3, case CHL 1/2011, and A/HRC/19/44, case CHL 1/2011). In the Philippines, penalties have been imposed under the Penal Code for "grave coercion", an offence defined as using violence to prevent another person from doing something that is not unlawful or compelling the person to do something against their will. The Special Rapporteur was informed that peaceful protestors who obstruct mining company employees and equipment are often charged with grave coercion. Civil society organizations in Canada have expressed concern about the definition of "activities that undermine the security of Canada" contained in the Security of Canada Information Sharing Act proposed in Bill C-51 (Anti-Terrorism Act) and the potential for the authorities to interfere with legitimate peaceful protests that they define as "undermining" security. The Australian State of Tasmania in November 2014 enacted the Workplaces (Protection from Protestors) Act 2014, which makes it a criminal offence to participate in a protest that may obstruct or prevent a business activity or access to a business premises (see also A/HRC/28/85, case AUS 3/2014).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Freedom of Assembly, Report to the HRC (2015), A/HRC/29/25, para. 44.
- Paragraph number
- 44
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