Natural resources sector: UN expert calls for binding
human rights treaty for corporations
GENEVA (18 June 2015) – The United Nations Special
Rapporteur on the rights to freedom of peaceful assembly and of association,
Maina Kiai, called for a new treaty binding businesses to respect fundamental
human rights, and for States and corporations to fully engage with civil
society organizations in the context of natural resource exploitation.
“Corporations play an outsized role in the
decision-making processes about exploitation of natural resources. But they are
not subject to legally binding human rights obligations,” Mr. Kiai told the UN
Human Rights Council during the presentation of his latest report*. “It is time
to address this issue more robustly; corporations must not escape
responsibility to safeguard human rights.”
In response to these concerns, the Special Rapporteur
called upon States to enact a legally binding human rights instrument that
applies to all corporations, regardless of their size or geographical scope.
“I am aware that some would rather strengthen compliance
with the Guiding Principles than have a binding treaty. But this should not be
an either/or matter: Both should be pursued to protect human rights.”
The Special Rapporteur also highlighted States’
responsibility to recognize civil society organizations, including affected
communities, as key actors in the context of natural resource exploitation. He
noted that, in many countries, interested parties lack mechanisms to express their
concerns freely, and warned that “Governments are more receptive to
corporations’ positions than the needs and concerns of affected
communities.”
“Authorities endeavour to silence individuals and
associations that express opposition to natural resource exploitation
processes,” the independent expert said.
In his report, the Special Rapporteur argues that States’
and corporations pervasive disregard of communities and associations’ input in
the natural resources sector is counterproductive and divisive, and is likely
contributing to an erosion of confidence in the world’s prevailing economic
system.
“The rights to freedom of peaceful assembly and of
association are instrumental in achieving sustainable and mutually beneficial
exploitation of natural resources,” he said. “These rights help foster
increased transparency and accountability in the exploitation of resources and
inclusive engagement throughout the decision-making chain.”
During his presentation, Mr. Kiai also warned that
authorities have increasingly sought to stifle expressions of criticism and
opposition by cracking down, often with unnecessary force, on peaceful
protests; arresting, prosecuting and imprisoning activists; raiding protest
camps; harassing and intimidating human rights defenders; enacting restrictive
legislation on associations; and interfering with the operations of civil
society organizations.
“Peaceful protests are banned from sites where natural
resource exploitation takes place and the situation is not any better in
relation to the right to freedom of association,” he noted. “Individuals and
associations who express opposition to natural resource exploitation processes
are vilified as ‘anti-development’, ‘unpatriotic’, and even as ‘enemies of the
State’”.
“This intolerance is reflected in countries in the global
North, and the global South,” the Special Rapporteur said. “Nevertheless, I
remain optimistic because of the incredible courage and determination of
activists and ordinary people who refuse to be cowed or defeated, even if it
means paying with their lives.”
(*) Check the Special Rapporteur’s full report
(A/HRC/29/25/Add.3): http://ap.ohchr.org/documents/dpage_e.aspx?m=189
ENDS
Mr. Maina Kiai (Kenya) took up his functions as the first
Special Rapporteur on the rights to freedom of peaceful assembly and of
association in May 2011. Learn more, log on to:
http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world.
Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work.
They are independent from
any government or organization and serve in their individual capacity.
The Special Rapporteur also presented two reports on his
visits to Oman (A/HRC/29/25/Add.1) and Kazakhstan (A/HRC/29/25/Add.2), as well
as a report on Observations on communications (A/HRC/29/25/Add.3):
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session29/Pages/ListReports.aspx
See the UN Guiding Principles on Business and Human
Rights: http://www.ohchr.org/EN/Issues/Business/Pages/Tools.aspx
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freeassembly@ohchr.org.
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