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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 48
- Paragraph text
- Many complaints focused on the selection of attendees at consultations and the failure to take the "multi-stakeholder" model seriously. The World Bank 2012 consultation on its Country Assistance Strategy in India, for example, was labelled a "farce" by a group of more than 20 civil society organizations. They claimed that the World Bank invited only a select group of NGOs, deliberately avoiding the ones which are critical of World Bank policies, or are working on the social and environmental impacts of the projects funded by the World Bank. Similarly in Indonesia, civil society organizations claimed that consultations ahead of a $70 million investment from the World Bank-administered Forest Investment Program were non-transparent and "non-inclusive of peoples' participation". Civil society organizations felt that the project would "bring benefits to private businesses in the forestry sector only".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 88
- Paragraph text
- Some associations, on the other hand, often centre their role on speaking truth to power, which makes their relationship with governments potentially more antagonistic, although not always. To some extent the power and influence imbalance can depend on an entity's size, sectoral influence and available financial resources. Bigger and richer organizations tend to have more access and influence, whether they are in the for-profit or non-profit sector. Labour unions also may have better access to decision-making processes, particularly in relation to workers' rights and where tripartite mechanisms exist. On the other end of the spectrum, informal community-based structures may have great difficulty in participating in decision-making processes. A striking example is the "Majakaneng Water Crisis Committee" in South Africa which, despite its many attempts to intervene in high-level meetings between provincial and municipal structures, was not granted access or allowed copies of relevant documentation in relation to ongoing water problems in the Majakaneng community.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 31
- Paragraph text
- The Special Rapporteur has found that States are typically eager to shape their legal and practical environments in ways that encourage investors to exploit natural resources. Global competition for investment is fierce, and businesses, by their nature, tend to favour environments with less regulation so that they can maximize profits. There is thus something of a "race to the bottom" among States in terms of creating an enabling environment for business. For example, the Environmental Law No. 30230 of Peru reduces the ability of authorities to create natural reserves exempt from exploitation and reduces the time within which environmental impact assessments should be produced.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 35
- Paragraph text
- The Special Rapporteur has in previous reports highlighted the significant role that effective remedies play in promoting accountability for human rights violations, stating that States have an obligation to establish accessible and effective complaints mechanisms that are able to independently, promptly and thoroughly investigate allegations of human rights violations or abuses in order to hold those responsible accountable (see A/HRC/20/27, paras. 77-81). The lack of adequate compensation for violations related to natural resource exploitation may contribute to increased social tensions, with communities feeling at a loss for obtaining redress by alternative means. In the context of natural resource exploitation, the Special Rapporteur believes that this obligation to provide remedies lies not only with host States but also with States of origin.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 38
- Paragraph text
- As a starting point, he commends the decisions of various State institutions, such as the government pension funds of Norway and Sweden, to divest themselves of interests in corporations deemed to engage in acts of environmental degradation or violations of human rights and labour standards. Some States have enacted laws that prohibit and punish the bribery of foreign public officials and sanction companies that do not prevent bribery. The Special Rapporteur notes that these laws are a step in the right direction but more still needs to be done. He encourages similar initiatives in respect of violations of human rights abroad.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 39
- Paragraph text
- International human rights law affirms the right of individuals to express their opinions, even if these opinions are unpopular or in opposition to government views or policies. The right to freedom of peaceful assembly is an essential vehicle for people to express their opinions, and this right cannot be limited based solely upon an assembly's message or content. Despite this, the Special Rapporteur has found that content often plays a decisive role in whether peaceful assemblies are facilitated or suppressed. Assemblies that support the Government's position are rarely, if ever, obstructed, while those that oppose the Government's position are at much greater risk for suppression. This is true generally, but particularly in the context of natural resource exploitation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 8
- Paragraph text
- Moreover, many resource-rich countries suffer from low levels of development, particularly human development, endemic corruption and economic and political instability - the "resource curse". This, despite a widely shared understanding that natural resources are managed by Governments on behalf of their citizens; an understanding which many countries enshrine in law. The Constitution of Burkina Faso, for example, provides that citizens may petition individually or collectively against acts that harm the environment or the interests of communities. A large proportion of the world's poor lives in resource-rich countries but does not share in the benefits of those resources because of inadequate governance. More than 80 per cent of the 58 resource-rich countries in the Resource Governance Index fail to meet satisfactory governance standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 9
- Paragraph text
- Citizen engagement in the natural resources sector is notoriously difficult, with some sectors, such as oil, gas and mining, presenting heightened risks of human rights abuses because they are especially lucrative. The State plays a significant role in regulating access to exploitation opportunities. Secrecy cloaks decision-making processes and outcomes; there is a lack of mechanisms through which interested parties may express their concerns; discussions are often highly technical; and, above all, the financial stakes are often massive. This opaque and lucrative environment presents ideal conditions for corruption to thrive, a challenge with which many resource-rich countries have to contend.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 10
- Paragraph text
- The Special Rapporteur believes that the rights to freedom of peaceful assembly and of association play a key role in opening up spaces and opportunities for genuine and effective engagement by civil society in decision-making processes across the spectrum of natural resource exploitation activities. These rights help foster increased transparency and accountability in the exploitation of resources and are basic prerequisites for the ultimate goal of securing substantive rights. Peaceful assembly and association rights can facilitate constructive dialogue, which is necessary given the shared interests and sometimes competing priorities that are intrinsic to exploiting natural resources.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 11
- Paragraph text
- When the rights to freedom of peaceful assembly and of association are restricted contrary to international human rights law standards, questions automatically arise as to how genuine consultation processes or decisions are and how valid is the expression of free, prior and informed consent of affected parties. While restricting these rights in order to streamline resource exploitation may seem tempting to States and corporations in the short term, it can be costly in the long run and cause irrevocable damage. As the Special Rapporteur has previously noted (see A/HRC/26/29, para. 26), the failure to provide any outlet for excluded groups to air their grievances can be counterproductive and carry severe consequences. He believes that social conflicts experienced in the context of natural resource exploitation are a stark demonstration of the truth of this statement.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 12
- Paragraph text
- The overall political environment in a State can also have a profound impact on the exercise of peaceful assembly and association rights. States that generally do not respect or facilitate those rights are unlikely to be any more accommodating in the context of natural resource exploitation. In fact, the Special Rapporteur believes that the space to exercise peaceful assembly and association rights is often more limited in relation to natural resource exploitation because of the significant impact this sector has on the economies of resource-rich countries, the bottom lines of the enterprises involved and the potential for corruption. Having citizen engagement is, therefore, imperative throughout the decision chain right from the initial stages of the process when exploration potential is determined, through to exploitation activities and investment of revenue. The rights to freedom of peaceful assembly and of association provide the necessary avenues for this engagement.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 13
- Paragraph text
- International human rights law places the primary obligation for the respect, protection and fulfilment of rights on the State. In the context of natural resource exploitation, the obligations may appear to be somewhat distorted owing to the sometimes complex relationships that exist between Governments and the private sector. Governments may engage in for-profit ventures through State-owned or State-run companies, blurring non-profit and for-profit interests and the role of the State in ensuring a level playing ground for both sectors. Moreover, the close relationship that exists between Governments and the private sector is one that the Special Rapporteur has highlighted previously as creating, in some instances, undue advantages for business at the expense of other sectors of society (see A/69/365, paras. 10-12).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 14
- Paragraph text
- States are obligated to protect and facilitate the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation, including by ensuring that business interests do not violate these rights. To discharge their duties in that respect, States should, among other things, enact robust national laws that stipulate the rights and responsibilities of all, create independent and effective enforcement, oversight and adjudicatory mechanisms, ensure effective remedies for violations of rights and promote awareness of, and access to information about, relevant policies and practices related to natural resource exploitation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 16
- Paragraph text
- States that host natural resource exploitation operations ("host States") have to contend not only with powerful corporations exerting their influence, but also with the so-called "States of origin", whose economies stand to benefit from the taxes and other remittances arising from corporations' profits. States of origin will therefore make significant efforts to facilitate opportunities in foreign markets for companies domiciled in their territory. An indication of this elevation of business interests in international relations is that, in some countries, the trade and investment portfolios are being merged with the foreign affairs and development agendas of Governments. In principle, States have a legitimate interest in pursuing channels that open up business interests for their citizens. But undue deference to business interests at the expense of other legitimate interests, such as human rights, is a source of acute concern.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 17
- Paragraph text
- The central role of corporations in natural resource exploitation means that they can potentially wield enormous power and influence over host States, rendering authorities unwilling to intervene in their interests. Corporations gain access to the corridors of power and often have the ear of key officials (sometimes through unethical means) and are therefore in a position to influence decisions in their favour at the expense of opposing views of other interested parties, including affected communities. The increasing globalization of access to markets underscores the need to regulate the natural resource exploitation sector at the international level to ensure the preservation of all rights, including peaceful assembly and association rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 20
- Paragraph text
- A complex web of binding international law and voluntary standards and principles regulate and inform the human rights obligations of States and companies in the field of natural resource exploitation. In general, States are bound by international human rights law, while companies adhere on a voluntary basis to standards and principles drawn up by Governments, multi-stakeholder platforms or business forums. Those laws and standards cover a broad range of interests, many of which have implications for the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 57
- Paragraph text
- Associations involved in environmental protection, or community mobilization against natural resource exploitation activities, or generally any activities that are perceived as a threat to natural resource exploitation operations, face heightened risks of restrictions of their rights. Associations are a vehicle for people to join their voices together on an issue of common concern, thus amplifying their grievances. Associations also gather together or facilitate access to resources, such as funding, skills, knowledge and solidarity. This aggregation brings increased power and, when this power is deployed to oppose natural resource exploitation activities, it can be threatening to those with financial stakes in the projects. It is thus not surprising that States and corporations may use a variety of measures to interfere with the right to freedom of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 59
- Paragraph text
- The Special Rapporteur has on many occasions emphasized that the right to freedom of association applies to informal associations and does not require that a group be registered. If a registration regime is to be established, he favours a "notification" regime for the establishment of associations rather than "authorization". A notification system has a particular resonance in the context of natural resource exploitation, where lobbying and advocacy is often done through social movements that may not have a formal organizational structure. Authorities and companies may be less inclined to engage with these movements because of their informal nature and may in fact accuse them of being illegal for being unregistered.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 60
- Paragraph text
- The ability of associations to participate in consultation procedures, such as environmental and social impact assessments, should not be predicated on onerous conditions, including registration requirements, membership or activities stipulated in their charter or statutes. The Special Rapporteur notes efforts made by Austria and Romania to ensure community engagement during impact assessment processes and Armenia to ensure access to environmental information by the public. He emphasizes that concerned community groups should not be subjected to unreasonable requirements, such as minimum membership numbers, in order for their concerns to be heard and taken on board. A reasonable demonstration of interest in the impact of the exploitation activities should be sufficient for associations and groups to present their views in consultation procedures.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 62
- Paragraph text
- Governments also place restrictions on access to foreign funding to curtail the activities of associations engaged in environmental protection work, which often focuses on natural resource exploitation activities. In India, for example, the Government in 2014 blocked funding from foreign sources to Greenpeace India, although the High Court ultimately ordered the release of funds. In some States where the environment for fundraising by civil society organizations is generally restrictive, there have been efforts to limit restrictions on access to funding for groups working specifically on natural resource exploitation. The Extractive Industries Transparency Initiative has called on the Government of Azerbaijan, for example, to ensure that civil society representatives involved in the Initiative are able to access their bank accounts and can register new grants.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 69
- Paragraph text
- A significant gap in ensuring that assembly and association rights are guaranteed in the context of natural resource extraction is created by the lack of binding norms for corporations, which are key actors in natural resource exploitation. A growing number of large businesses wield far more power, resources and influence than many States. A shrinking number of corporations dominate vast sectors of the global economy. Despite this, the primary responsibility for ensuring the exercise of human rights remains with States. This situation must evolve to meet the reality of today's world. Domestic and international law should impose binding obligations upon corporations to guarantee that their activities, including resource exploitation, comply with internationally accepted human rights standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 70
- Paragraph text
- The significance of civil society as a stakeholder in the context of natural resource exploitation is underestimated, misperceived and often denied by both States and businesses. This is symptomatic of a growing disregard for a plurality of views, particularly those which champion non-economic values over economic ones. Such disregard is counterproductive and divisive, and is likely contributing to an erosion of confidence in the world's prevailing economic system. It is thus in the interest of both States and corporations to recognize actions by civil society groups both in support of and against the entire decision-making chain in natural resource governance, as a legitimate exercise by these individuals and groups of their rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 72a
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure that they meet their obligations to respect, protect and fulfil human rights in accordance with international human rights law, including by encouraging the implementation of the Guiding Principles on Business and Human Rights; recognize the relevance of realizing the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation in their laws, policies and practice; strengthen the legal framework that guides these exploitation activities, including by guaranteeing substantive rights to land tenure, labour and environment with special attention to marginalized groups;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 72c (iii)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures to meet extraterritorial obligations, particularly by providing access to remedy for victims of violations of the rights to freedom of peaceful assembly and of association; measures should include but are not limited to: Ensuring that trade and other agreements on investment in natural resource exploitation activities, whether concluded bilaterally or multilaterally, recognize and protect the exercise of peaceful assembly and association rights for affected individuals and groups;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 88
- Paragraph text
- Labour, environmental and human rights groups report that the Trans-Pacific Partnership Free Trade Agreement, signed by the United States and 11 Pacific Rim countries on 4 February 2016, not yet in force, was negotiated non-transparently and that its backers were primarily business lobbies. Critics point out that it fails to improve on the inadequate labour rights commitments of previous agreements, and extends benefits to countries like Viet Nam and Brunei, which limit political rights, civil liberties and freedom of association, and ban independent unions. Mexico is also a beneficiary, despite its record of permitting "illegitimate collective bargaining agreements (commonly known as 'protection contracts')" signed "between an employer and an employer-dominated union".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 33
- Paragraph text
- Some countries, for example, have linked natural resource exploitation with national security interests, limiting the assembly and association rights around such activities in the process. While governments may have a legitimate interest in protecting areas dedicated to natural resource exploitation, they must be extremely cautious to ensure that restrictions in these areas are necessary and proportionate in a democratic society in order to be justifiable under international human rights law. Peaceful opposition to natural resource exploitation projects - whether in the form of protests or community groups - may be economically "inefficient" and difficult for States and businesses to balance against profit motives. But States have a duty under international law to allow and promote space for such opposition. In addition, national, political, economic or government interest is not synonymous with national security or public order (see A/HRC/31/66, para. 31).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 34
- Paragraph text
- The Anti-Terrorism Act of 2015, of Canada, has been criticized for expanding the definition of national security to include "the economic or financial stability of Canada". Under this definition, a peaceful protest by environmentalists blockading a logging road could potentially be labelled a threat to national security. While economic activity is important, it is not one of the grounds enumerated in the International Covenant on Civil and Political Rights for permissible restriction of peaceful assembly and association rights. States tread a dangerous path when they prioritize the freedom of the market over the freedom of human beings. The economic rights of investors should never trump fundamental human rights in the Covenant.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 39
- Paragraph text
- Free market fundamentalist views also lie at the heart of most international trade treaties, such as the Trans-Pacific Partnership, which was signed by 12 Pacific Rim States in February 2016. Certain provisions of the treaty which is not yet in force, show a clear bias towards favouring the economic interests of businesses over the assembly and association rights of non-investors. The Trans-Pacific Partnership's investor-State dispute settlement mechanism, for example, gives corporations the right to challenge State laws and policies that harm their investments. These challenges would take place before a panel of arbitrators, outside the country's ordinary court system, and could be used to attack laws protecting workers' rights, the environment, and the rights to peacefully assemble or associate. The Trans-Pacific Partnership has no equivalent mechanism for individuals or civil society organizations to directly challenge corporations or States for human rights abuses.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 84
- Paragraph text
- The Special Rapporteur himself has extensively documented the trend, looking at the growing restrictions on civil society's ability to access resources (see A/HRC/23/39), restrictions on assembly and association rights in the context of elections (see A/68/299), States' propensity to favour businesses over non-profit organizations (see A/70/266) and restrictions on people's ability to engage in regard to natural resource exploitation (see A/HRC/29/25). The effect of this growing wave of restrictions is that people now have less space to peacefully engage in regard to decisions that profoundly affect their lives.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 53
- Paragraph text
- Peaceful assemblies whose focus is on natural resource exploitation may also attract increased attention from law enforcement officers, with some groups alleging that they are under greater scrutiny. In Canada, for example, civil society sources claim that First Nations communities and environmental groups "have been under a special program of government surveillance, and the information was shared among security agencies, government departments and industry about groups that oppose resource development projects".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph