A/HRC/29/25
mandate holders about these companies suppressing legitimate advocacy activity,
particularly social protest, and their attacks on human rights defenders (see
A/HRC/7/7/Add.4, para. 71, and A/HRC/19/55, para. 63). In his view, the potential for
violations of rights, including to peaceful assembly and association rights, is particularly
high when law enforcement responsibilities are ceded to private actors, who are
accountable to their clients rather than to the public. Private security companies have also
been known to receive concessions to exploit natural resources in exchange for their
services, further blurring the interests and relationships between the actors (see A/61/341,
para. 74).
56.
The Special Rapporteur reiterates that the primary responsibility for ensuring public
security, law and order for the benefit of all within a State’s boundaries lies with the
Government of that State. The State should also regulate, control and monitor the activities
of private security firms, including those contracted in the natural resource exploitation
sector, and hold them accountable when they breach the rights to freedom of peaceful
assembly and of association.
F.
Challenges to the right to freedom of association
57.
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.
58.
Restrictive laws, for example, are used to target organizations working on issues that
the authorities find sensitive. Emblematic of this approach is the use by Ecuador of
Executive Decree No. 16 to close the Pachamama Foundation, which had worked
peacefully and legitimately for 18 years to defend human rights, especially the rights of
indigenous peoples in the Amazon (A/HRC/26/21 and ECU 4/2013).
59.
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.
60.
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
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