A/HRC/29/25
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).
14.
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.
15.
States also have an obligation to prevent conflict before it starts, including by
creating a legal environment that promotes transparency and fairness. The area of land
rights, for example, is often key. The absence of legal frameworks that clearly spell out
land rights creates opportunities for arbitrary expropriation or land grabbing, which in turn
can lead to conflict. Opaque procedures for granting exploitation licences and concessions
aggravate the situation and often fuel social protests.
16.
States that host natural resource exploitation operations (“host States”) have to
contend not only with powerful corporations exerting their influence, but also with the socalled “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.
17.
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.
18.
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
7
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