A/HRC/29/25
being promoted as a way to guarantee that business operations are conducted in accordance
with human rights. He similarly welcomes information from the Government of Costa Rica
that indicates that the country’s overarching legal norms regulating commercial agreements
guarantee the rights to freedom of peaceful assembly and association. 23 Chile has recently
assembled an interministerial commission responsible for reviewing and aligning
regulations governing the General Consultation Process and the Environmental Impact
Evaluation System. This action was a direct consequence of criticism levelled at existing
indigenous participation mechanisms by the National Institute of Human Rights and the
Human Rights Centre of Diego Portales University. 24
51.
The freedom to assemble peacefully is required in order for consultations among
stakeholders to be convened. The ability to peacefully assemble is impeded in environments
where insecurity and conflict prevails.. The neutrality of the consultations needs to be
maintained throughout the process. For consent to be free, prior and informed, consultations
should be conducted in an environment free of intimidation or fear, meaning that meetings
should be free from infiltration by security organs, surveillance and attendance by
uniformed or armed law enforcement agents. A level playing field should be ensured for all
stakeholders to have free access to relevant information and assurances that their grievances
will be heard.
52.
The Special Rapporteur notes that requirements to obtain prior authorization before
gatherings related to the exploitation of natural resources — such as information sessions,
consultations, public hearings and the like — not only infringe on the right to freedom of
peaceful assembly, they also impede the right of affected communities to access
information and participate in decision-making. In Uganda, non-governmental
organizations working on oil issues are reportedly required by authorities to seek
permission, in particular from the Ministry of Energy and Mineral Development before they
can meet with grassroots communities, although the authorities have made efforts to
remedy this situation.25
53.
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”.26
54.
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).
55.
The Special Rapporteur is alarmed by the latitude afforded to corporations and
private military and security companies in relation to policing, and often suppressing,
peaceful protests. He echoes the grave concerns expressed by other special procedures
23
24
25
26
16
Response to the questionnaire.
Response to the questionnaire.
Human Rights Watch, “Uganda: Growing Intimidation, Threats to Civil Society”, 21 August 2012.
Available from www.hrw.org/news/2012/08/21/uganda-growing-intimidation-threats-civil-society.
See website of Voices-Voix, http://voices-voix.ca/.
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