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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
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 9
- Paragraph text
- Legal frameworks and policies related to resources have a significant impact on the freedom of association; they can strengthen the effectiveness and facilitate the sustainability of associations or, alternatively, subjugate associations to a dependent and weak position. Moreover, for associations promoting human rights, including economic, social and cultural rights, or those involved in service delivery (such as disaster relief, health-care provision or environmental protection), access to resources is important, not only to the existence of the association itself, but also to the enjoyment of other human rights by those benefitting from the work of the association. Hence, undue restrictions on resources available to associations impact the enjoyment of the right to freedom of association and also undermine civil, cultural, economic, political and social rights as a whole.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 37
- Paragraph text
- In his fourth report to the Human Rights Council (A/HRC/29/25), on the rights to freedom of peaceful assembly and association in the context of natural resource exploitation, the previous mandate holder examined the role that those rights played in opening up space for genuine and effective participation across the spectrum of natural resource exploitation activities. He also examined how those rights helped to foster increased transparency and accountability, facilitate constructive dialogue and, ultimately, form the basis for people’s ability to secure other substantive rights. In the report, he noted that the significance of civil society as a stakeholder in the context of natural resource exploitation was underestimated, misperceived and often denied by both States and businesses and that that was symptomatic of a growing disregard for a plurality of views, particularly those which championed non-economic values over economic ones. He argued that such disregard for civil society input was counterproductive and divisive and likely to contribute to an erosion of confidence in the world’s prevailing economic system. He concluded that it was 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 those 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)
- Environment
- Person(s) affected
- All
- N.A.
- Year
- 2017
- 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. 22
- Paragraph text
- Although States often refer to the permissible limitations embedded in the provisions and instruments cited above, the Special Rapporteur reiterates that the rights to freedom of peaceful assembly and of association should be viewed as the rule and the limitations as the exception (see A/HRC/20/27, para. 16). States may only limit the rights in strictly defined circumstances necessitated by narrowly defined "legitimate reasons". Such restrictions must be prescribed by law and are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. They must also be proportionate to the pursuance of legitimate aims. Thus, a blanket prohibition of protests outside business premises or surrounding the operations of mining, resource and forestry companies would be unjustifiable under the International Covenant on Civil and Political Rights. Similarly, broad definitions of "vital installations" or "national interests" that encompass business premises engaged in natural resource exploitation, with a view to shielding them from peaceful assemblies, would not meet international human rights law 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
- 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. 36
- Paragraph text
- The obligations of States to ensure the respect of human rights by corporations engaged in natural resource exploitation in their own territory is clear. Less well-developed and understood are the extraterritorial obligations of States arising from the international human rights standards to which they have voluntarily acceded. At a minimum, States of origin should ensure that victims of human rights violations have effective judicial remedies. Doing so also entails a monitoring responsibility to ensure that companies operating abroad adhere to international human rights standards. States from the global North and Brazil, China, India, the Russian Federation and South Africa, where many of the companies engaged in natural resource exploitation around the world are domiciled, have an especially important role to play in this regard. For example, civil society groups in Latin America have in public hearings at the Inter-American Commission on Human Rights highlighted the significant role of Canadian companies in human rights violations in the region, and the support provided by the Government of Canada, despite these allegations.
- 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. 27
- Paragraph text
- The objective of the Extractive Industries Transparency Initiative is to promote openness and accountability in the management of natural resource exploitation through a global standard. Implementation and monitoring of the standard is overseen by an international board and national multi-stakeholder groups, consisting of representatives from Governments, companies and civil society representatives. The underlying rationale is that the management of natural resources in any country is a shared interest and can only be effective when all stakeholders have access to relevant information and are able to act on this information to promote sustainable economic and social development. To achieve the objectives of the Initiative, implementing countries are required, among other things, to ensure that an enabling environment exists for civil society to engage in the process and express views related to natural resource governance, including in relation to laws, regulations and administrative rules and practice. In its civil society protocol, the Initiative outlines that the rights of civil society to expression, operation, association, engagement and access to public decision-making in the implementing countries must be respected.
- 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. 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
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 54
- Paragraph text
- An issue of significant concern to the Special Rapporteur is the use of private military and security companies to protect the property and facilities of corporations engaged in natural resource exploitation. These companies may be contracted by the corporations or, as in the case of Equatorial Guinea, by the Government (see A/HRC/18/32/Add.2, para. 46). Companies may also have contracts with Governments to have members of the police force seconded to them, as in Somalia (Puntland) (see A/HRC/24/45/Add.2, para. 24).
- 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. 6
- Paragraph text
- The global economy relies heavily on the availability and exploitation of natural resources. With the industrialization of emerging economies and the ever-increasing needs of older market-economy countries, the demand for natural resources has increased dramatically. With that demand has come a plethora of concerns relating to the sustainability of economic growth and its impact on the climate, the environment and, more generally, on human rights.
- 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. 37
- Paragraph text
- 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
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 41
- Paragraph text
- In addition, the Special Rapporteur notes with concern the uneven level of civil society engagement and participation among various United Nations bodies. While he recognizes positive United Nations processes, such as the Major Groups Facilitating Committee of the United Nations Environment Programme (UNEP), the Special Rapporteur regrets that since 2010 NGOs have been significantly impeded in their attempts to participate as observers in the United Nations Convention against Corruption.
- 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
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
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
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. 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. 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
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
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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