A/HRC/29/25
69.
A significant gap in ensuring that assembly and association rights are
guaranteed in the context of natural resource extraction is created by the lack of
binding norms for corporations, which are key actors in natural resource exploitation.
A growing number of large businesses wield far more power, resources and influence
than many States. A shrinking number of corporations dominate vast sectors of the
global economy. Despite this, the primary responsibility for ensuring the exercise of
human rights remains with States. This situation must evolve to meet the reality of
today’s world. Domestic and international law should impose binding obligations
upon corporations to guarantee that their activities, including resource exploitation,
comply with internationally accepted human rights standards.
70.
The significance of civil society as a stakeholder in the context of natural
resource exploitation is underestimated, misperceived and often denied by both States
and businesses. This is symptomatic of a growing disregard for a plurality of views,
particularly those which champion non-economic values over economic ones. Such
disregard is counterproductive and divisive, and is likely contributing to an erosion of
confidence in the world’s prevailing economic system. It is thus in the interest of both
States and corporations to recognize actions by civil society groups both in support of
and against the entire decision-making chain in natural resource governance, as a
legitimate exercise by these individuals and groups of their rights to freedom of
peaceful assembly and of association.
71.
In that regard, the Special Rapporteur reiterates recommendations made in
previous reports to the extent applicable in this context, and makes the following
recommendations.
A.
States
72.
The Special Rapporteur recommends that States:
(a)
Ensure that they meet their obligations to respect, protect and fulfil
human rights in accordance with international human rights law, including by
encouraging the implementation of the Guiding Principles on Business and Human
Rights; recognize the relevance of realizing the rights to freedom of peaceful assembly
and of association in the context of natural resource exploitation in their laws, policies
and practice; strengthen the legal framework that guides these exploitation activities,
including by guaranteeing substantive rights to land tenure, labour and environment
with special attention to marginalized groups;
(b)
Create an enabling environment in which civil society can access
relevant information, participate in decision-making and express opinions freely,
including through peaceful assemblies, without threats of prosecution or other harm
for legitimate opposition; ensure that cases of violations of human rights, including
peaceful assembly and association rights, are promptly and impartially investigated
and those responsible for the violations are held to account;
(c)
Take appropriate measures to meet extraterritorial obligations,
particularly by providing access to remedy for victims of violations of the rights to
freedom of peaceful assembly and of association; measures should include but are not
limited to:
(i)
Strengthening the independence and capacity of judicial authorities to
ensure that cases relating to violations of the rights to freedom of peaceful
assembly and of association are adjudicated in accordance with international
human rights law;
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