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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 24a
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- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The United Nations Global Compact, a broad initiative on corporate responsibility covering the areas of human rights, labour, environment and the prevention of corruption. Two of the Compact's 10 principles emphasize the role of business in supporting and respecting the protection of internationally recognized human rights, and to ensure they are not complicit in human rights abuses. A third principle requires businesses to uphold the freedom of association and recognize the right to collective bargaining;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- 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. 18
- Paragraph text
- The complexities of influence between the host State and States of origin is replicated among corporations, where parent companies domiciled in one State may have subsidiaries in other countries exercising various degrees of influence on the policies and practices of the latter entities. Furthermore, international and national financial institutions often have a significant stake in natural resource exploitation activities that they may be supporting financially. Their actions or inaction, primarily through the leverage they have as financiers, could have an impact on the human rights of affected communities, including peaceful assembly and association rights. The Special Rapporteur subscribes to the premise that international human rights law ascribes the primary duties to States, acting individually or as members of multilateral institutions. These obligations apply within the territory of the State and extraterritorially. Similarly, non-State actors have responsibilities in relation to human rights, as will be discussed below.
- 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
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 32
- Paragraph text
- Despite this, the Special Rapporteur has observed many instances where State laws and practices favour - whether through action or inaction - the free market fundamentalist approach.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- 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. 30
- Paragraph text
- The Special Rapporteur does not report on the accuracy of these theories or of competing ideas. Rather, he is concerned about situations where adherents to free market principles become so dogmatic that they infringe upon the assembly and association rights of those who hold competing views.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 25
- Paragraph text
- Lead firms contribute to rights violations through sourcing practices and the threat of exit, should costs increase, and they are usually immune to legal accountability. In most cases, there is no jurisdiction or legal cause of action over the enterprise in its home country for the violations that are eventually carried out by a supplier.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- 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. 24c
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The Voluntary Principles on Security and Human Rights, designed specifically for the extractive industries sector, to help companies maintain the safety and security of their operations while maintaining respect for human rights. The Voluntary Principles acknowledge the primary role of Governments for maintaining law and order and ensuring human rights. Furthermore, the Principles state that companies should use their influence (i) to ensure that individuals implicated in human rights abuses do not provide security services for companies; (ii) to limit the use of force to circumstances when it is strictly necessary and to an extent proportional to the threat; and (iii) to ensure that the human rights of individuals are not violated, including 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)
- 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. 24b
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The Guiding Principles on Business and Human Rights, endorsed by the Human Rights Council in 2011, which set out three pillars to the relationship between business and human rights. Firstly, States have the obligation to respect, protect and fulfil human rights and they should do this by taking measures that ensure businesses respect human rights, including by promoting and enforcing enabling laws and policies. Secondly, business enterprises have the obligation to respect internationally recognized human rights. Thirdly, States are required to ensure that victims of human rights violations have access to effective remedies including judicial and non-judicial remedies (Guiding Principles 25-28);
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- 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. 26
- Paragraph text
- Initiatives such as the Extractive Industries Transparency Initiative and the Open Government Partnership enshrine the role of citizens in policymaking processes, including those related to natural resource governance.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 94
- Paragraph text
- Privileged access for business also extends to multilateral decision-making bodies, where for-profit entities are often favoured. The Special Rapporteur has noted previously that the business community, particularly large corporate interests, are playing an increasingly dominant role at the multilateral level compared to civil society, including in the post-2015 development agenda processes.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 92
- Paragraph text
- In the multilateral arena, the World Bank publishes its annual Doing Business report, a massive undertaking that provides "objective measures of business regulations for local firms in 189 economies and selected cities at the subnational level". This informative and detailed report is seen as essential reading for foreign investors, yet no multilateral agency produces a similar report for associations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 85
- Paragraph text
- The Special Rapporteur believes the same principle of minimal intervention should apply when tax and other incentives are granted to associations. He therefore rejects the argument that the receipt of tax incentives means that associations should be subject to significantly stricter financial and operational controls.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 82
- Paragraph text
- The Special Rapporteur nevertheless is mindful that, despite positive measures like tax exemptions, smaller associations have found it increasingly difficult to operate as more governments cut budgets for international cooperation and shift their priorities to "aid for trade", in which businesses are seen as an important partner.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 74
- Paragraph text
- The ability to access resources is inherent to the right to freedom of association, and any restrictions imposed must be necessary and proportional. The restrictions cited above fail to meet this test and their failure to do so is even more glaring when viewed beside the comparatively liberal rules governing business investment in the same States.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 70
- Paragraph text
- Ethiopia prohibits domestic NGOs working in certain rights-based areas from receiving more than 10 per cent of their funding from foreign sources. Restrictions on foreign investment for businesses are far less burdensome, perhaps best illustrated by the fact that Ethiopia has seen an astonishing 1,500 per cent increase in foreign direct investment in the past seven years.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 60
- Paragraph text
- There is a notable absence of reports of States targeting businesses for surveillance within their own jurisdictions - though some State security agencies have been accused of spying on foreign companies on behalf of domestic businesses. Moreover, spying or hacking that targets businesses is often viewed as a national security threat, with many States utilizing substantial resources to combat it.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 81
- Paragraph text
- In this regard, the Special Rapporteur cites Australia, Jamaica, Switzerland and the United States as examples of good practice. Each of those States exempts the revenue of certain associations from income tax, and in the case of the United States donors are allowed to deduct donations from their income. Those privileges foster associations' ability to seek, secure and use resources and to do their work more effectively.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 79
- Paragraph text
- States' positive obligation to establish and maintain an enabling environment for associations extends to fostering the ability to solicit, receive and utilize resources. Some States do this by extending tax privileges to associations registered as non-profit entities. Such privileges may include exemption from income tax (for the recipient association and the donor), such as in Bulgaria and Lithuania, or from other taxes.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 69
- Paragraph text
- India, for example, has long had a reputation of being hostile towards foreign investment in its business sector, but is now encouraging foreign investment in several sectors. Yet the country's Foreign Contribution Regulation Act requires civil society organizations receiving funds from "foreign sources" to receive prior permission or to register under the Act, establishing a de facto permission process for foreign donations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- 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 context of multilateral institutions 2014, para. 11
- Paragraph text
- The theme of sectoral equity is one that the Special Rapporteur has referred to in his previous reports (see A/HRC/23/39 and A/HRC/26/29/Add.2). He has observed that Governments often treat businesses and civil society differently, even where no reasonable justification in accordance with international norms exists. For example, registration requirements for businesses are considerably less cumbersome and faster in Rwanda than requirements for registration of NGOs. Similarly, no special financial regulations at the global level exist to regulate the private sector as a whole, other than guidance for financial institutions in detecting terrorist financing. Yet recommendation 8 of the Financial Action Task Force on Money Laundering requires that laws and regulations of member States on non-profit organizations be reviewed so as to prevent abuse of such organizations for the financing of terrorism. There is no evidence that the civil society sector is more prone than the private sector to money-laundering activities or terrorism-related financial activity or even that any such activity in the civil society sector justifies the sector-wide approach that the Task Force has adopted. Furthermore, States do not generally object to corporations investing capital from foreign sources in their jurisdictions in the same way they do if civil society organizations receive foreign funding.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- 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. 37
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- The Special Rapporteur strongly urges all Governments to weigh carefully their involvement in natural resource exploitation activities that have the potential to violate human rights. Introspection is especially needed in view of the State practice of merging foreign affairs, trade and international development portfolios and thus encouraging the alignment of sometimes disparate objectives.
- 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
Comparative study of enabling environments for associations and businesses 2015, para. 89
- Paragraph text
- The importance of business to governments is often evidenced by their extensive integration into ministries that do not strictly focus on commerce. "Trade" is incorporated in the name of ministries of foreign affairs in a growing list of countries, including Australia, Canada, Hungary, Ireland and New Zealand - suggesting increased business influence on foreign policy. Conversely, associations are sometimes regulated by the same ministry that oversees prisons or the police.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 54
- Paragraph text
- Despite this, several States, including Ecuador, enforce audit and reporting regimes for associations that are more complex, costly or intrusive than for businesses. The Canadian Revenue Agency has faced allegations that it is conducting selective and punitive audits of certain charities critical of the Government. These audits have focused on whether the charities have engaged in so-called "political activity", which is limited under the Income Tax Act.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 13
- Paragraph text
- The present report does not provide a comprehensive comparison of every issue facing all types of entities within each sector. Rather, it highlights illustrative examples where businesses are treated more favourably than associations without there being an objective reason for such treatment. The Special Rapporteur believes that these examples show that States can indeed provide space for a particular sector to grow if they wish; it is simply a matter of priorities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 9
- Paragraph text
- But beyond their dissimilar profit motives, the two sectors share a broad range of similarities. Both are vehicles for the association of multiple people, employers and providers of goods and services, and are magnets for investment, and possible platforms for mobilizing people and influencing policies. Both are crucial to economic and political development; and both have potential to enhance the protection and promotion of human rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 79
- Paragraph text
- The Special Rapporteur will cooperate with international organizations both inside and outside the United Nations system, in particular ILO, while being mindful of paragraph 5 (g) of Human Rights Council resolution 15/21, according to which her tasks include undertaking activities “such that the present mandate will not include those matters of specific competence of the International Labour Organization and its specialized supervisory mechanisms and procedures with respect to employers’ and workers’ rights to freedom of association, with a view to avoiding any duplication”.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- 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
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 9
- Paragraph text
- Unconstrained power, whether public or private in origin, is a critical threat to the protection of human rights, including workers' rights to freedom of peaceful assembly and of association. The worldwide crackdown on those rights is contributing to a global crisis of governance. Multinational corporate wealth is multiple times greater than that of many States. While lead multinationals are legally responsible for their operations within their domestic nation States, those laws do not extend to their actions abroad and they are not legally accountable for the vast number of rights violations that occur in multiple countries down their supply chains. Workers, on the other hand, are bound and restricted by the national laws where they work. Moreover, labour's traditional tools for asserting rights - trade unions, strikes, collective bargaining and so on - have been significantly weakened across the globe. That situation has effectively allowed the global supply chain to override sovereign democracy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- 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. 23
- Paragraph text
- There are no international law instruments in which binding legal obligations for corporations are provided for. However, it is understood that human rights, being universal, indivisible and interdependent, are to be respected by all. The Special Rapporteur takes note of Human Rights Council resolution 26/9 on the elaboration of an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights, which stresses the primary responsibility of States to protect against human rights abuses by third parties within their territories. The Special Rapporteur considers that an instrument negotiated to create binding obligations for corporations is desirable and should set forth norms for all business entities, national and transnational.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- 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. 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. 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