A/HRC/29/25
countries but does not share in the benefits of those resources because of inadequate
governance. More than 80 per cent of the 58 resource-rich countries in the Resource
Governance Index fail to meet satisfactory governance standards.
9.
Citizen engagement in the natural resources sector is notoriously difficult, with some
sectors, such as oil, gas and mining, presenting heightened risks of human rights abuses
because they are especially lucrative. The State plays a significant role in regulating access
to exploitation opportunities. Secrecy cloaks decision-making processes and outcomes;
there is a lack of mechanisms through which interested parties may express their concerns;
discussions are often highly technical; and, above all, the financial stakes are often massive.
This opaque and lucrative environment presents ideal conditions for corruption to thrive, a
challenge with which many resource-rich countries have to contend.
10.
The Special Rapporteur believes that the rights to freedom of peaceful assembly and
of association play a key role in opening up spaces and opportunities for genuine and
effective engagement by civil society in decision-making processes across the spectrum of
natural resource exploitation activities. These rights help foster increased transparency and
accountability in the exploitation of resources and are basic prerequisites for the ultimate
goal of securing substantive rights. Peaceful assembly and association rights can facilitate
constructive dialogue, which is necessary given the shared interests and sometimes
competing priorities that are intrinsic to exploiting natural resources.
11.
When the rights to freedom of peaceful assembly and of association are restricted
contrary to international human rights law standards, questions automatically arise as to
how genuine consultation processes or decisions are and how valid is the expression of free,
prior and informed consent of affected parties. While restricting these rights in order to
streamline resource exploitation may seem tempting to States and corporations8 in the short
term, it can be costly in the long run and cause irrevocable damage. As the Special
Rapporteur has previously noted (see A/HRC/26/29, para. 26), the failure to provide any
outlet for excluded groups to air their grievances can be counterproductive and carry severe
consequences. He believes that social conflicts experienced in the context of natural
resource exploitation are a stark demonstration of the truth of this statement.
12.
The overall political environment in a State can also have a profound impact on the
exercise of peaceful assembly and association rights. States that generally do not respect or
facilitate those rights are unlikely to be any more accommodating in the context of natural
resource exploitation. In fact, the Special Rapporteur believes that the space to exercise
peaceful assembly and association rights is often more limited in relation to natural
resource exploitation because of the significant impact this sector has on the economies of
resource-rich countries, the bottom lines of the enterprises involved and the potential for
corruption. Having citizen engagement is, therefore, imperative throughout the decision
chain right from the initial stages of the process when exploration potential is determined,
through to exploitation activities and investment of revenue.9 The rights to freedom of
peaceful assembly and of association provide the necessary avenues for this engagement.
B.
Key actors in the natural resource exploitation field
13.
International human rights law places the primary obligation for the respect,
protection and fulfilment of rights on the State. In the context of natural resource
8
9
6
The terms “corporation”, “company”, “business enterprises” and “private sector” are used generically
to refer to for-profit enterprises involved in exploitation operations, even if they are State-owned,
unless otherwise indicated.
See, e.g., the Natural Resource Charter.
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