exploitation bypass the people. Consequently, monitoring bodies often express concerns when
natural resources exploitation is linked to encroachment on community lands and livelihoods,
mass evictions, pollution and environmental degradation, with resultant rights violations related
to health, food, housing and water.195
The CESCR has noted that states violate their duty to protect the rights included in the
ICESCR ‘by granting exploration and exploitation permits for natural resources without giving
due consideration to the potential adverse impacts of such activities on the individual and
communities’ enjoyment of Covenant rights’.196
• Natural resources should be sufficiently/effectively/fairly taxed. A state allowing or directly
undertaking natural resources exploitation without ensuring a fair share of its proceeds are taxed
and/or allocated towards guaranteeing human rights could be failing to mobilise adequate
resources.197
• A state’s population has a right to enjoy a fair share of the financial and social benefits natural
resources can provide. The Special Rapporteur on extreme poverty frames these natural
resources-related rights in reference to the right to self-determination, which expressly
encompasses individuals’ (and not state or government) rights to freely dispose of their natural
wealth and resources.198 Considering that many natural resources are finite and non-renewable,
she adds that the right must be specially protected and take future generations’ rights into
account. The Special Rapporteur on the rights of indigenous peoples has underlined that
indigenous communities should share in benefits arising from natural resources exploitation on
their traditional territories, and that such ‘sharing must be regarded as a means of complying with
a right, and not as a charitable award or favour’.199
• In decision-making about natural resources use, states must ensure participation, access to
information and high transparency and accountability standards.200 The biggest challenge
to translating natural resources wealth into societal benefits is thought to lie in establishing
195 See, eg, Concluding Observations São Tomé and Príncipe CRC/C/STP/CO/2-4 (2013); CESCR Concluding
Observations Democratic Republic of Congo (2009) E/C.12/COD/CO/4, para 6; ‘Report of the Special Rapporteur
on the situation of human rights in Cambodia, Surya P Subedi’ (A human rights analysis of economic and other land
concessions in Cambodia) (2012) A/HRC/21/63/Add.1, paras 72, 114–129 and 138–157; CESCR Togo 2013, paras 27–
28; Reports of the Special Rapporteur on the situation of human rights in Cambodia, Surya P Subedi’ (2012 and 2014)
A/HRC/21/63/Add.1, paras 129–130 and 200 and A/HRC/27/70, para 48; and ‘Report of the Special Rapporteur on
the situation of human rights in Myanmar, Yanghee Lee’ (2016) UN Doc A/HRC/31/71, para 63.
196 CESCR General Comment No 24, para 18.
197 Eg, ‘Report of the Special Rapporteur on poverty, Magdalena Sepúlveda Carmona’ (2014) UN Doc A/HRC/26/28
and ‘Report of the Special Rapporteur on food, Olivier De Schutter’ (Mission to Cameroon) (2013) UN Doc A/
HRC/22/50/Add.2. The Special Rapporteur on the right to food has recommended that Cameroon reconsider the tax
policy on concessions of agricultural land and for exploitation of natural resources, to optimise the revenue earned from
these resources to improve food security for vulnerable groups.
198 ‘Report of the Special Rapporteur on poverty, Magdalena Sepúlveda Carmona’ (2014) UN Doc A/HRC/26/28,
paras 18–19.
199 ‘Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
(Special Rapporteur on indigenous people), S James Anaya’ (2010) UN Doc A/HRC/15/37.
200 ‘Report of the Special Rapporteur on Cambodia, Surya P Subedi’ (2012) UN Doc A/HRC/21/63/Add.1, para 9.
56
The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies December 2017
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