A/HRC/29/25
access to environmental information by the public.27 He emphasizes that concerned
community groups should not be subjected to unreasonable requirements, such as minimum
membership numbers, in order for their concerns to be heard and taken on board. A
reasonable demonstration of interest in the impact of the exploitation activities should be
sufficient for associations and groups to present their views in consultation procedures.
61.
Similarly, a group’s formal registration or recognition by authorities should not be
required in order for associations to challenge decision-making processes related to
environmental issues or natural resource exploitation. Recognition should not confer
advantages that would not be available to unregistered or unrecognized groups. In
particular, recognition or non-recognition should not be used as a basis for authorizing or
restricting scrutiny by associations of the natural resource exploitation industry.
Associations should be free to engage in monitoring activities and to have access to
information without undue interference by authorities, and be empowered with the ability to
influence decision making processes.
62.
Governments also place restrictions on access to foreign funding to curtail the
activities of associations engaged in environmental protection work, which often focuses on
natural resource exploitation activities. In India, for example, the Government in 2014
blocked funding from foreign sources to Greenpeace India, although the High Court
ultimately ordered the release of funds.28 In some States where the environment for
fundraising by civil society organizations is generally restrictive, there have been efforts to
limit restrictions on access to funding for groups working specifically on natural resource
exploitation. The Extractive Industries Transparency Initiative has called on the
Government of Azerbaijan, for example, to ensure that civil society representatives
involved in the Initiative are able to access their bank accounts and can register new
grants.29
63.
Some States may also target members of civil society based on their foreign
citizenship. In 2015, the Government of Cambodia, for example, refused to renew the
residence permit of a Spanish environmental activist who was working with the local
organization Mother Nature to halt a controversial hydroelectric project in the Areng
valley.30 The activist was later deported. The Special Rapporteur emphasizes that
nationality is not a proper basis for limiting the rights to freedom of peaceful assembly and
of association (see A/HRC/26/29, para. 25).
64.
Individual human rights defenders and associations may also be subject to attacks,
stigmatization, intimidation, surveillance, travel bans, and risk the suspension of their
activities or even dissolution of the organization when they speak out against natural
resource exploitation. The organization Publish What You Pay Uganda reported, for
example, that they had had their equipment confiscated for nearly two months after trying
to screen a documentary on lessons that could be learned from other resource-rich
countries.31
27
28
29
30
31
18
Responses to questionnaire.
Greenpeace, “Massive win for voices of dissent & democracy”, 12 March 2015. Available from
www.greenpeace.org/india/en/news/Feature-Stories/Massive-win-for-voices-of-dissent--democracy/.
Minutes of 28th EITI Board Meeting, annex A, p. 25. Available from
https://eiti.org/files/BP/Minutes-from-the-28th-EITI-Board-meeting-Myanmar_Final.pdf.
Cambodian League for the Promotion and Defence of Human Rights (Licadho), “Civil Society
Groups Condemn Use of Visa Denial to Curb Activism”. Available from www.licadhocambodia.org/pressrelease.php?perm=373.
East and Horn of Africa Human Rights Defenders Project “Only the brave talk about oil: Human
rights defenders and the resource extraction industries in Uganda and Tanzania”, November 2014,
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