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/.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents