A/HRC/29/25 65. As previously mentioned, the “race to the bottom” may result in weakened labour standards, in violation of the right to freedom of association for workers in the natural resource exploitation industry. In several countries, Governments have amended labour laws, weakening labour standards and making it harder for workers to unionize, collectively bargain and strike. In Kazakhstan, a recently enacted law on trade unions mandates compulsory affiliation of all trade unions to a federative body, denying trade unions the option to choose whether to be so affiliated or not (see A/HRC/29/25/Add.2). 66. The Special Rapporteur agrees with ILO that it constitutes a violation of the right to freedom of association when authorities and employers actively interfere with the operations of unions. Such interference includes refusing to recognize elected trade union officials, tampering with elections, forming their own competing unions and denying union members access to premises to conduct meetings. The ability of unions to hold meetings on their premises without prior authorization or interference and to choose their own representatives are essential elements of the right to freedom of association. 32 Certain employment practices are also a concern, particularly where they reduce workers’ ability to organize or collectively bargain. The use of short-term contracts and precarious terms of employment for workers in extractive industries, for example, denies workers job security and the confidence to advocate for unionization and other rights. IV. Conclusions and recommendations 67. An environment that allows for the robust exercise of the rights to freedom of peaceful assembly and of association is essential in ensuring that natural resource exploitation is fair, transparent and accountable and benefits citizens. These rights encourage access to information, public participation and free, prior and informed consent and also highlight the gaps in the enjoyment of other rights related to land tenure, the environment and self-determination. The Special Rapporteur believes that the more consultation on any particular exploitation issue, the better. He also wishes to highlight that the benefits of such consultation — and the improved planning that results from extensive consultation — can be immense for society at large. One example is the Government Pension Fund Global of Norway, which was set up in 1990 to hold surplus wealth produced by Norwegian petroleum income.33 It is now the largest sovereign wealth fund in the world.34 68. States bear the primary responsibility for promoting and protecting peaceful assembly and association rights. They must implement and strengthen mechanisms that enable them discharge this duty. One major problem with States’ current legal frameworks, however, is a lack of proper enforcement mechanisms at both the domestic and international levels. Without such mechanisms, accountability will be, at best, sporadic and irregular. 32 33 34 p. 12. Available from www.defenddefenders.org/wpcontent/uploads/2013/01/only_the_brave_WEB.pdf. International Labour Organization, digest on freedom of association, paras. 130–132 and 432–438. Available from www.ilo.org/wcmsp5/groups/public/@ed_norm/@normes/documents/publication/wcms_090632.pdf. For more information about the Fund, see www.nbim.no/en/the-fund/about-the-fund/. Penn Wharton Public Policy Initiative, “Statens Pensionsfund Utland: a cornerstone of Norway’s energy policy”, 20 March 2015. Available from http://publicpolicy.wharton.upenn.edu/live/news/632statens-pensionsfund-utland-a-cornerstone-of. 19