A/HRC/29/25
or as members of multilateral institutions. These obligations apply within the territory of
the State and extraterritorially. Similarly, non-State actors have responsibilities in relation
to human rights, as will be discussed below.
19.
In many cases, the most egregious violations of the rights to freedom of peaceful
assembly and of association in the context of natural resource exploitation are committed
against groups and individuals inhabiting regions far from centres of power, who are often
at risk or already marginalized within society. They may lack access to information or the
means of effectively advocating for their concerns, or they may be confronted with
authorities are that are unable or unwilling to address their grievances. The ability to freely
associate and to peacefully assemble are indispensable in this regard. Some of the
categories of persons that require special attention in the context of the rights to freedom of
peaceful assembly and of association and of natural resource exploitation are women
(including women human rights defenders), Afro-descendants, indigenous peoples, peasant
farmers, fisher folk and forest dwellers.
C.
International legal and regulatory framework
20.
A complex web of binding international law and voluntary standards and principles
regulate and inform the human rights obligations of States and companies in the field of
natural resource exploitation. In general, States are bound by international human rights
law, while companies adhere on a voluntary basis to standards and principles drawn up by
Governments, multi-stakeholder platforms or business forums. Those laws and standards
cover a broad range of interests, many of which have implications for the rights to freedom
of peaceful assembly and of association.
21.
The rights to freedom of peaceful assembly and of association find expression at the
global level in article 20 of the Universal Declaration of Human Rights and in articles 21
and 22 of the International Covenant on Civil and Political Rights. 10 The International
Labour Organization (ILO) Convention concerning Freedom of Association and Protection
of the Right to Organise, 1948 (No. 87), and the ILO Convention concerning the Right to
Organise and Collective Bargaining, 1949 (No. 98), protect the rights of workers to freely
establish, join and run organizations of their choosing without unjustifiable interference
from the State. Workers are also protected from anti-union discrimination and guaranteed
the right to collectively bargain.
22.
Although States often refer to the permissible limitations embedded in the
provisions and instruments cited above, the Special Rapporteur reiterates that the rights to
freedom of peaceful assembly and of association should be viewed as the rule and the
limitations as the exception (see A/HRC/20/27, para. 16). States may only limit the rights in
strictly defined circumstances necessitated by narrowly defined “legitimate reasons”.11
Such restrictions must be prescribed by law and are necessary in a democratic society in the
interests of national security or public safety, public order, the protection of public health or
10
11
8
Common articles 1(2) of the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights guarantee the right of all peoples to freely dispose
of their natural wealth and resources. There are also national, regional and international laws and
standards relating to the rights of indigenous peoples, labour, the environment and natural resource
exploitation activities, such as mining, forestry and fishing, which may impact the exercise of the
rights to freedom of peaceful assembly and of association to varying degrees. More broadly, trade and
investment agreements, commodity certification systems and the like may also present opportunities
to encourage or undermine civil society participation in the processes related to natural resource
exploitation.
International Covenant on Civil and Political Rights, arts. 21 and 22 (2).
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