GENEVA – 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... Continue reading →
GENEVA – United Nations Special Rapporteur Maina Kiai will be in Geneva this week to present his latest reports to the UN Human Rights Council and to participate in other events.Kiai, will present two reports covering his country visits to Oman and Kazakhstan and a third focusing on assembly and association rights of the context of natural resource exploitation. A fourth report contains his observations on the mandate’s official communications with UN Member States and replies between March 1, 2014, and February 28, 2015.Kiai, who is the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, is scheduled to present to the 29th Session of the Council at the Palais des Nations, Room XX, during the June 17 session starting at 11:30 a.m. His presentation may run into June 18, depending on the length of other agenda items. The session will be broadcast live on http://webtv.un.org/.Thematic report: Natural resource exploitation Kiai’s fourth thematic report to the Council examines the role that the rights to freedom of peaceful assembly and of association play in opening space for genuine participation across the spectrum of natural resource exploitation activities. The report defines natural resource exploitation widely to include a broad range of materials such as land,... Continue reading →
The Special Rapporteur’s factsheet summarizing the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation, presented in an easy-to use “yes/no” format, with hyperlinks to source materials. This factsheet draws heavily from the Special Rapporteur’s 2015 report to the UN Human Rights Council and features guidance on: • The obligation of States and corporations to uphold assembly and association rights in the context of natural resource exploitation • States' responsibilities regarding private security firms and violations of human rights by corporations • The issue of blanket bans on peaceful assemblies surrounding natural resource exploitation operations • The rights of unregistered associations to participate in consultation processes • And more The factsheet also summarizes the report’s recommendations, highlights key statistics in a “by the numbers” feature, and looks at the current international legal and regulatory framework for the sector. For the Special Rapporteur’s full factsheet series, please see:... Continue reading →
The global economy relies heavily on the availability and exploitation of natural resources. With that demand has come a plethora of concerns relating to the sustainability of economic growth and its impact on the climate, the environment and, more generally, on human rights. Despite the high stakes, citizen engagement in the natural resources sector is notoriously difficult. 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. In this report, Special Rapporteur Maina Kiai examines the role that the rights to freedom of peaceful assembly and of association play in opening space for genuine and effective participation across the spectrum of natural resource exploitation activities. He also examines how these rights help foster increased transparency and accountability, facilitate constructive dialogue, and ultimately form the basis for people’s ability to secure other substantive rights. “The significance of civil society as a stakeholder in the context... Continue reading →
The need for natural resources such as land, water, timber, minerals, oil and gas is continually increasing worldwide. That increasing demand has naturally led to more competition – and often more social conflict. In many cases, decisions concerning the exploitation of natural resources are made in an opaque manner. Governments cut backroom deals with corporations without the input of those affected. Official corruption often looms large. The ostensible owners of the property being exploited may not benefit at all from the project. The systematic exclusion of key stakeholders in the context of natural resource exploitation is counterproductive and may, in some circumstances, amount to a deprivation of the rights to freedom of peaceful assembly and of association. More to the point, this exclusion can lead to anger, divisions within society and long-term threats to the project in question. For his upcoming report to the Human Rights Council in June 2015, UN Special Rapporteur Maina Kiai plans to focus on the exercise of the rights to freedom of peaceful assembly and of association in the context of the exploitation of natural resources. The importance of assembly and association rights in the context of the exploitation of natural resources cannot be understated. Indeed in many countries, social... Continue reading →
