Comments on legislation and policy

On this page, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association shares comments provided by the mandate to States on national laws, regulations and policies. The mandate regularly provides comments on the adequacy of normative and policy developments with international standards for the right to freedom of peaceful assembly and association. 

See below a list of letters concerning national norms sent since 2018 by the UN special rapporteur and the responses from Government to these communications.  

Recent communications

Ukraine

  • 17 July 2020 - concerning the draft law "On Amendments to Certain Legislative Acts of Ukraine (Concerning Some Issues of Trade Union Activity" Reg. No. 2681), which includes several provisions that, if approved, might be incompatible with Ukraine's obligations under international human rights law and standards and they would weaken the powers of trade unions, including the right to strike. - OL UKR 2/2020

Philippines

  • 29 Jun 2020 - Comments on the pending legislation 'The Anti-Terrorism Act of 2020' (the Act), which raises serious concerns especially regarding the designation of individuals and civil society and humanitarian organizations as "terrorists" in the context of ongoing discrimination directed at religious and other minorities, human rights defenders and political opponents. – JOL PHL 4/2020

United Republic of Tanzania

  • 24 Jun 2020 - concerning the amendments to the Basic Rights and Duties Enforcement Act (1994), adopted by the Parliament of Tanzania on 10 June 2020 through the Written Laws (Miscellaneous Amendments) (No.3) Act 2020 and await Presidential promulgation. The amendments raises concerns by limiting the ability of civil society and individuals to defend the rights of vulnerable individuals, groups and communities since it requires them to demonstrate how they have personally been affected by the matter being brought to the court, the absence of which leads to inadmissibility of the case. – OL TZA 2/2020

China

  • 19 Jun 2020 - concerning the proposed changes to the Hong Kong Special Administrative Region's legal system and enforcement mechanisms proposed in the Draft National Security Law, which fails to include assurances that the measures will be fully compliant with international human rights law, in particular with the obligations of the International Covenant on Civil and Political Rights (ICCPR). A lack of a precise definition in the Decision of the National People's Congress for what types of conduct qualify as seriously endangering national security may result in the limiting or infringement of fundamental freedoms. – JOL CHN 13/2020

Uruguay

India

  • 06 May 2020 - concerning the Unlawful Activities (Prevention) Amendment Act 2019 (the amended Act), to the current counter-terrorism legislation, the 1967 Unlawful Activities Prevention Act (the Act), which provides specific procedures to deal with terrorist activities. It contains designation of individuals as "terrorists" in the context of ongoing discrimination against religious and other minorities, human rights defenders and political dissidents. – JOL IND 7/2020

Kyrgyzstan

  • 06 May 2020 – Concerning the proposed law of the Kyrgyz Republic on Countering Terrorism, which will replace the Law of the Kyrgyz Republic "On Countering Terrorism", adopted on 8 November 2006. The drafted law raises concerns about the principle of confidentiality on tools, techniques and tactics of counterterrorism and undermine legal accountability and deter transparency from military, intelligence, and security actors. – JOL KGZ 3/2020

China

  • 19 Jun 2020 - concerning the proposed changes to the Hong Kong Special Administrative Region's legal system and enforcement mechanisms proposed in the Draft National Security Law, which fails to include assurances that the measures will be fully compliant with international human rights law, in particular with the obligations of the International Covenant on Civil and Political Rights (ICCPR). A lack of a precise definition in the Decision of the National People's Congress for what types of conduct qualify as seriously endangering national security may result in the limiting or infringement of fundamental freedoms. – JOL CHN 13/2020
  • 23 April 2020 – recommending a review and revision of anti-terrorism legislation to regulate protest and definition of "terrorist act". Offer of the following comments on the United Nations (Anti-Terrorism Measures) Ordinance, Cap. 575 ("Anti-Terrorism Law") and Crimes Ordinance, Cap. 200, Sections 9 and 10 ("Sedition Law"). Concerning the number of the human rights challenges evidenced in the legislation and encouraging review and reconsideration of certain key aspects to ensure that the ordinances are in compliance with China's international human rights obligations in respect of Hong Kong SAR. – JOL CHIN 7/2020

Kazakhstan

  • 21 April 2020 – concerning a new draft law on freedom of assembly in Kazakhstan.  The draft law foresees restrictions that are not in accordance with international standards, such as excessive obligations on the organizers and participants of assemblies, an authorization processes for certain assemblies, restriction on use of public space. – OL KAZ 1/2020

Kyrgyzstan

  • 09 March 2020 - concerning draft law No. 6-28018/19 which introduces amendments to the Law on Non-Commercial Organizations (Law on NCOs) in which it requires that "non-commercial organization operating at the expense of grants, budgetary funds and other cash and material resources received free of charge" post annually "information on the sources of funding and expenditure of assets on the specialized website of the registering body". The draft law also states that "the form and procedure for the provision of information is determined by the Government of the Kyrgyz Republic." – OL KGZ 1/2020

Egypt

  • 28 February 2020 – concerning proposed amendments to the Terrorist Entities Law (Law 8 of 2015) and the Anti-Terrorism Law, (Law 94 of 2015), which toughen the penalties for terror-related crimes, expand the definition of financing of terrorism, and impose the death penalty on those found guilty of funding of terrorist groups and acts. – OL EGY 4/2020

Guatemala

Chile

ICANN Board of Directors

  • 20 December 2019 - concerning the proposed transfer by the Internet Society (ISOC) of the Public Interest Registry (PIR) to a private equity firm. The proposed deal raises serious questions about the ability of civil society organizations and other public interest-minded individuals and entities to continue to enjoy the space for the exercise of the rights to freedom of expression and association offered by the .ORG domain managed by the PIR. – OL OTH 60/2019

Honduras

Australia

  • 03 December 2019 - concerning the Summary Offences and Other Legislation Amendment Act 2019 that was adopted by the Queensland Parliament, which contains a number of provisions that provide police with new powers to search people and their vehicles without a warrant when there is a suspicion that they have in their possession a "dangerous attachment device" that has been used, or is to be used, to disrupt a relevant lawful activity. The Act also allows police to seize or disable any such device. – OL AUS 8/2019 Government reply: 04 February 2020

China

  • 01 November 2019 – concerning Counter-Terrorism Law of the People's Republic of China (Counter- Terrorism Law) promulgated on 27 December 2015 effective as of 1 January 2016 and its Regional Implementing Measures, the 2016 Xinjiang Uyghur Autonomous Region Implementing Measures of the Counter-Terrorism Law of the People's Republic of China.  – OL CHN 18/2019 Government reply: 16 December 2019

Costa Rica

Venezuela (Bolivarian Republic of)

Togo

  • 11 September 2019 – concerning the conditions for the exercise of the freedom of peaceful and public assembly and demonstration, adopted on 7 August 2019 at the National Assembly. It regards to allegations of excessive use of force, restrictions on the right to freedom of peaceful assembly registered on 11 April 2019, to cases of detentions and intimidation of demonstrators and human rights defenders. OL TGO 1/2019

Tunisia

  • 11 September 2019 – concerning the draft law on peaceful assembly which seeks to alter existing law of 1969 (law no.196-4). The draft law does not include improvements on the general bans of assemblies, undue constraints on location, nor on the timing and modalities of demonstrations and the criminalisation of spontaneous public meetings and demonstrations. OL TUN 5/2019

Tunisia

  • 26 August 2019 – concerning the proposed Draft Law No 91-2018 which seeks to amend Tunisian legislation on the state of emergency. However, the use of the state of emergency in Tunisia must be reviewed in order to ensure its conformity with international law. OL TUN 4/2019 Government reply: 18 November 2019

Multiple countries

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority.

This communication was sent to the following countries:

Antigua and Barbuda  OL ATG 1/2019

ArgentinaOL ARG 10/2019

BahamasOL BHS 2/2019

BarbadosOL BRB 1/2019

Belize OL BLZ 1/2019

Bolivia (Plurinational State of) 15 July 2019 – OL BOL 1/2019

BrazilOL BRA 11/2019

Chile OL CHL 3/2019

Colombia OL COL 7/2019

Costa RicaOL CRI 4/2019

CubaOL CUB 4/2019

Dominica OL DMA 1/2019

Dominican Republic OL DOM 1/2019

EcuadorOL ECU 11/2019

El SalvadorOL SLV 3/2019

Grenada OL GRD 1/2019

Guatemala OL GTM 7/2019

Haiti OL HTI 3/2019

Honduras OL HND 3/2019

Jamaica OL JAM 1/2019

MexicoOL MEX 9/2019

Nicaragua OL NIC 2/2019

PanamaOL PAN 2/2019

Paraguay OL PRY 1/2019

PeruOL PER 3/2019

Saint Kitts and Nevis OL KNA 2/2019

Saint LuciaOL LCA 1/2019

Saint Vincent and the GrenadinesOL VCT 1/2019

SurinameOL SUR 1/2019

Trinidad and TobagoOL TTO 1/2019

Uruguay OL URY 2/2019

Venezuela (Bolivarian Republic of)OL VEN 4/2019

Nepal

  • 15 July 2019 - concerning an amendment bill to revise the existing act of the National Human Rights Commission (NHRC) Act-2012, potentially severely undermining the NHRC's authority, effectiveness and independence and limiting the Nepali people's ability to access justice. – OL NPL 2/2019

Democratic Republic of the Congo

  • 19 June 2019 – concerning the draft law on the protection and responsibility of Human rights defenders which could have the opposite effect and restrict their rights and activities. OL COD 4/2018

Ethiopia

  • 19 June 2019 – concerning A Proclamation to Provide for the Prevention and Suppression of Terrorism 2019 ("the Proclamation"), which raises serious concerns regarding a number of human rights. The Preamble to "the Proclamation" sets out a number of understandings that frame the proposed legislation. These include defining terrorism rightly as a "serious threat to peace and security" affecting both persons and property, and the view that government should take "strong precautionary and preparatory acts centered [on] the nature of the crime". – OL ETH 3/2019

Cuba

Brazil

  • 07 June 2019 –concerning the presidential Decree n. 9759/2019 of 11 April 2019, which according to its title "extinguishes and establishes guidelines, rules and limitations" for the administration of federal public collegiate bodies, through a number of provisions reversing the mechanisms necessary for the exercise of fundamental freedoms and the participation of civil society actors in public affairs. It regulates the dissolution of a number of collegiate bodies for inter-ministerial cooperation and, most importantly, civil society participation within the federal government. - OL BRA 8/2019  Government reply: 14 Aug 2019

Brazil

  • 25 March 2019 - Concerning decree n. 64.074/2019 which regulates law n. 15.556/2014, issued by the State Government of São Paulo on 18 January 2019, and published on 19 January 2019, which contains a number of provisions restricting the right to freedom of peaceful assembly. It puts in place a number of new requirements for the organisation and regulation of protests involving 300 or more persons. – OL BRA 3/2019 Government reply: 29 March 2019 and 09 October 2019

Sierra Leone

  • 22 February 2019 - Concerning the Development Cooperation Framework (DCF) (2019-2023), which defines the overall objectives and principles surrounding the development partnership as well as undertakings by the various partners supporting development process in the country and recently submitted to the Cabinet. The DCF contains a number of provisions interfering with the right to freedom of association and freedom of expression. – OL SLE 1/2019 Government reply: 1 March 2019

Malawi

  • 24 December 2018 - Concerning the Non-Governmental Organization Amendment Bill 2018 (Amendment Bill), in which, if adopted, may eliminate existing NGOs' role in the oversight authority, grant broad discretion to the new regulatory authority to conduct inspections and impose reporting requirements to NGOs, and increase penalties and establish criminal sanctions, including up to seven-years of imprisonment, for failing to comply with the NGO Act. – OL MWI 2/2018

Ecuador

Mozambique

  • 18 September 2018 – Concerning media decree 40/2018, issued by the Council of Ministers, which aims to establish a legal regime for the licensing and registration of all types of media (article 1) and introduces a system of fees for this purpose, elaborated in the annex of the decree, and imposing exorbitant fees on local and foreign media operating in the country. - OL MOZ 2/2018

Uganda

  • 11 September 2018 - Concerning legislative amendments introducing the Over-The-Top tax on telecommunication companies, in which telecommunication companies in Uganda blocked access to social media platforms for all users and required them to pay the Over-The-Top (OTT) tax. It severely restricts the right to freedom of opinion and expression, as well as the rights to freedom of peaceful assembly and of association online in Uganda. – OL UGA 3/2018

Egypt

  • 24 August 2018 - Concerning a draft law approved by the House of Representatives of Egypt that would grant amnesties to a designated cadre of high-ranking military officers, from which officers will also be shielded from international prosecution. – OL EGY 12/2018

China

  • 22 August 2018 - Concerning the use of Residential Surveillance in a Designated Location (RSDL) as amended in the 2012 Criminal Procedure Law Article 73, in relation to persons suspected of endangering State security, of terrorist activities or of involvement in major bribery and where confinement in their own home may 'impede the investigation'. – OL CHN 15/2018

Nepal

  • 11 July 2018 - Concerning the National Integrity and Ethics Policy 2074 (Policy). It may have serious negative effects on the activities of organizations and of civil society in general as the Policy has 13 point policies on non-governmental organizations (NGOs) and 25 matters concerning International non-governmental organizations (INGOs) and related to the diplomatic community, constitutional bodies, academia, private sector and cooperatives. – OL NPL 1/2018

Cambodia

  • 12 June 2018 - Concerning the Code of Conduct for media in the Election Process, issued by the National Election Committee on 12 March 2018, as well as statements that link the language of the code to calls for boycott of the elections. Several of the provisions in this Code as well as the objective and provisions of the Inter-ministerial Proclamation may unnecessarily and disproportionately restrict the right to freedom of expression and opinion, including the independence of the media, as well as the rights to public participation, to freedom of assembly and to freedom of association. – OL KHM 5/2018

Myanmar

  • 29 May 2018 - Concerning a draft law on International Non-Governmental Organizations (INGOs) which, if adopted, may have serious implications for civil society, in particular for INGOs operating in Myanmar. It severely restricts the scope of activities of INGOs by circumscribing permissible activities and imposes important requirements for NGOs to be able to operate in Myanmar. – OL MMR 1/2018 Government reply: 06 August 2018

Guatemala

Poland

  • 23 April 2018 - Concerning the law 'On specific solutions related to the organization of sessions of the Conference of the Parties to the United Nations Framework Convention on Climate Change in the Republic of Poland', which appear to significantly restrict the exercise of human rights by environmental human rights defenders and members of the public. – OL POL 3/2018 Government reply: 23 May 2018

All communications sent since 2018 divided by country

Antigua and Barbuda

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. OL ATG 1/2019

Argentina

Australia

  • 03 December 2019 - concerning the Summary Offences and Other Legislation Amendment Act 2019 that was adopted by the Queensland Parliament, which contains a number of provisions that provides police with new powers to search people and their vehicles without a warrant when there is a suspicion that they have in their possession a "dangerous attachment device" that has been used, or is to be used, to disrupt a relevant lawful activity. The Act also allows police to seize or disable any such device. – OL AUS 8/2019 Government reply: 04 February 2020

Bahamas

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. - OL BHS 2/2019

Barbados

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. - OL BRB 1/2019

Belize

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. - OL BLZ 1/2019

Bolivia (Plurinational State of)

Brazil

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. - OL BRA 11/2019
  • 07 June 2019 –concerning the presidential Decree n. 9759/2019 of 11 April 2019, which according to its title "extinguishes and establishes guidelines, rules and limitations" for the administration of federal public collegiate bodies, through a number of provisions reversing the mechanisms necessary for the exercise of fundamental freedoms and the participation of civil society actors in public affairs. It regulates the dissolution of a number of collegiate bodies for inter-ministerial cooperation and, most importantly, civil society participation within the federal government. - OL BRA 8/2019  Government reply: 14 Aug 2019
  • 25 March 2019 - Concerning decree n. 64.074/2019 which regulates law n. 15.556/2014, issued by the State Government of São Paulo on 18 January 2019, and published on 19 January 2019, which contains a number of provisions restricting the right to freedom of peaceful assembly. It puts in place a number of new requirements for the organisation and regulation of protests involving 300 or more persons. – OL BRA 3/2019 Government reply: 29 March 2019 and 09 October 2019

Cambodia

  • 12 June 2018 - Concerning the Code of Conduct for media in the Election Process, issued by the National Election Committee on 12 March 2018, as well as statements that link the language of the code to calls for boycott of the elections. Several of the provisions in this Code as well as the objective and provisions of the Inter-ministerial Proclamation may unnecessarily and disproportionately restrict the right to freedom of expression and opinion, including the independence of the media, as well as the rights to public participation, to freedom of assembly and to freedom of association. – OL KHM 5/2018

Chile

China

  • 23 April 2020 – recommending a review and revision of anti-terrorism legislation to regulate protest and definition of "terrorist act". Offer of the following comments on the United Nations (Anti-Terrorism Measures) Ordinance, Cap. 575 ("Anti-Terrorism Law") and Crimes Ordinance, Cap. 200, Sections 9 and 10 ("Sedition Law"). Concerning the number of the human rights challenges evidenced in the legislation and encouraging review and reconsideration of certain key aspects to ensure that the ordinances are in compliance with China's international human rights obligations in respect of Hong Kong SAR. - JOL CHN 7/2020
  • 01 November 2019 – concerning Counter-Terrorism Law of the People's Republic of China (Counter- Terrorism Law) promulgated on 27 December 2015 effective as of 1 January 2016 and its Regional Implementing Measures, the 2016 Xinjiang Uyghur Autonomous Region Implementing Measures of the Counter-Terrorism Law of the People's Republic of China.  – OL CHN 18/2019 Government reply: 16 December 2019
  • 22 August 2018 - Concerning the use of Residential Surveillance in a Designated Location (RSDL) as amended in the 2012 Criminal Procedure Law Article 73, in relation to persons suspected of endangering State security, of terrorist activities or of involvement in major bribery and where confinement in their own home may 'impede the investigation'. – OL CHN 15/2018

Colombia

Costa Rica

Cuba

Democratic Republic of the Congo

  • 19 June 2019 – concerning the draft law related to the protection and responsibility of Human rights defenders which could have the opposite effect and restrict their rights and activities. OL COD 4/2018

Dominica

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. – OL DMA 1/2019

Dominican Republic

Ecuador

Egypt

  • 28 February 2020 – concerning proposed amendments to the Terrorist Entities Law (Law 8 of 2015) and the Anti-Terrorism Law, (Law 94 of 2015), which toughen the penalties for terror-related crimes, expand the definition of financing of terrorism, and impose the death penalty on those found guilty of funding of terrorist groups and acts. – OL EGY 4/2020
  • 24 August 2018 - Concerning a draft law approved by the House of Representatives of Egypt that would grant amnesties to a designated cadre of high- ranking military officers, from which officers will also be shielded from international prosecution. – OL EGY 12/2018

El Salvador

Ethiopia

  • 19 June 2019 – concerning A Proclamation to Provide for the Prevention and Suppression of Terrorism 2019 ("the Proclamation"), which raises serious concerns regarding a number of human rights. The Preamble to "the Proclamation" sets out a number of understandings that frame the proposed legislation. These include defining terrorism rightly as a "serious threat to peace and security" affecting both persons and property, and the view that government should take "strong precautionary and preparatory acts centered [on] the nature of the crime". – OL ETH 3/2019

Guatemala

Grenada

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment.The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. – OL GRD 1/2019

Honduras

Haiti

ICANN Board of Directors

  • 20 December 2019 - concerning the proposed transfer by the Internet Society (ISOC) of the Public Interest Registry (PIR) to a private equity firm. The proposed deal raises serious questions about the ability pf civil society organizations and other public interest-minded individuals and entities to continue to enjoy the space for the exercise of the rights to freedom of expression and association offered by the .ORG domain managed by the RIP. – OL OTH 60/2019

India

  • 06 May 2020 - concerning the Unlawful Activities (Prevention) Amendment Act 2019 (the amended Act), to the current counter-terrorism legislation, the 1967 Unlawful Activities Prevention Act (the Act), which provides specific procedures to deal with terrorist activities. It contains designation of individuals as "terrorists" in the context of ongoing discrimination against religious and other minorities, human rights defenders and political dissidents. – JOL IND 7/2020

Jamaica

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. – OL JAM 1/2019

Kazakhstan

  • 21 April 2020 – concerning a new draft law on freedom of assembly in Kazakhstan.  The draft law foresees restrictions that are not in accordance with international standards, such as excessive obligations on the organizers and participants of assemblies, an authorization processes for certain assemblies, restriction on use of public space. – OL KAZ 1/2020

Kyrgyzstan

  • 06 May 2020 – Concerning the proposed law of the Kyrgyz Republic on Countering Terrorism, which will replace the Law of the Kyrgyz Republic "On Countering Terrorism", adopted on 8 November 2006. The drafted law raises concerns about the principle of confidentiality on tools, techniques and tactics of counterterrorism and undermine legal accountability and deter transparency from military, intelligence, and security actors. – JOL KGZ 3/2020
  • 09 March 2020 - concerning draft law No. 6-28018/19 which introduces amendments to the Law on Non-Commercial Organizations (Law on NCOs) in which it requires that "non-commercial organization operating at the expense of grants, budgetary funds and other cash and material resources received free of charge" post annually "information on the sources of funding and expenditure of assets on the specialized website of the registering body". The draft law also states that "the form and procedure for the provision of information is determined by the Government of the Kyrgyz Republic." – OL KGZ 1/2020

Malawi

  • 24 December 2018 - Concerning the Non-Governmental Organization Amendment Bill 2018 (Amendment Bill), in which, if adopted, may eliminate existing NGOs' role in the oversight authority, grant broad discretion to the new regulatory authority to conduct inspections and impose reporting requirements to NGOs, and increase penalties and establish criminal sanctions, including up to seven-years of imprisonment, for failing to comply with the NGO Act. – OL MWI 2/2018

Mexico

Mozambique

  • 18 September 2018 – Concerning media decree 40/2018, issued by the Council of Ministers, which aims to establish a legal regime for the licensing and registration of all types of media (article 1) and introduces a system of fees for this purpose, elaborated in the annex of the decree, and imposing exorbitant fees on local and foreign media operating in the country. - OL MOZ 2/2018

Myanmar

  • 29 May 2018 - Concerning a draft law on International Non-Governmental Organizations (INGOs) which, if adopted, may have serious implications for civil society, in particular for INGOs operating in Myanmar. It severely restricts the scope of activities of INGOs by circumscribing permissible activities and imposes important requirements for NGOs to be able to operate in Myanmar. – OL MMR 1/2018 Government reply: 06 August 2018

Nepal

  • 15 July 2019 - concerning an amendment bill to revise the existing act of the National Human Rights Commission (NHRC) Act-2012, potentially severely undermining the NHRC's authority, effectiveness and independence and limiting the Nepali people's ability to access justice. – OL NPL 2/2019
  • 11 July 2018 - Concerning the Nationl Integrity and Ethics Policy 2074 (Policy). It may have serious negative effects on the activities of organizations and of civil society in general as the Policy has 13 point policies on non-governmental organizations (NGOs) and 25 matters concerning International non-governmental organizations (INGOs) and related to the diplomatic community, constitutional bodies, academia, private sector and cooperatives. – OL NPL 1/2018

Panama

Paraguay

Peru

Philippines

  • 29 Jun 2020 - Comments on the pending legislation 'The Anti-Terrorism Act of 2020' (the Act), which raises serious concerns especially regarding the designation of individuals and civil society and humanitarian organizations as "terrorists" in the context of ongoing discrimination directed at religious and other minorities, human rights defenders and political opponents. – JOL PHL 4/2020

Poland

  • 23 April 2018 - Concerning the the law 'On specific solutions related to the organization of sessions of the Conference of the Parties to the United Nations Framework Convention on Climate Change in the Republic of Poland', which appear to significantly restrict the exercise of human rights by environmental human rights defenders and members of the public. – OL POL 3/2018 Government reply: 23 May 2018

Saint Kitts and Nevis

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority.- OL KNA 2/2019

Saint Lucia

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. - OL LCA 1/2019

Saint Vincent and the Grenadines

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. - OL VCT 1/2019

Sierra Leone

  • 22 February 2019 - Concerning the Development Cooperation Framework (DCF) (2019-2023), which defines the overall objectives and principles surrounding the development partnership as well as undertakings by the various partners supporting development process in the country and recently submitted to the Cabinet. The DCF contains a number of provisions interfering with the right to freedom of association and freedom of expression. – OL SLE 1/2019 Government reply: 1 March 2019

Suriname

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. – OL SUR 1/2019

United Republic of Tanzania

  • 24 Jun 2020 - concerning the amendments to the Basic Rights and Duties Enforcement Act (1994), adopted by the Parliament of Tanzania on 10 June 2020 through the Written Laws (Miscellaneous Amendments) (No.3) Act 2020 and await Presidential promulgation. The amendments raises concerns by limiting the ability of civil society and individuals to defend the rights of vulnerable individuals, groups and communities since it requires them to demonstrate how they have personally been affected by the matter being brought to the court, the absence of which leads to inadmissibility of the case. – OL TZA 2/2020

Togo

  • 11 September 2019 – concerning the conditions for the exercise of the right to freedom of peaceful assembly, adopted on 7 August 2019 by the National Assembly. It regards to allegations of excessive use of force, restrictions on the right to freedom of peaceful demonstration registered on 11 April 2019, to cases of detentions and intimidation of demonstrators and human rights defenders. OL TGO 1/2019

Tunisia

  • 11 September 2019 – concerning the draft law on peaceful assembly which seeks to alter the existing law of 1969 (law no.196-4). The draft law does not include improvements related to the general ban on assemblies, undue constraints on location, nor on the timing and modalities of demonstrations and the criminalisation of spontaneous public meetings and demonstrations. OL TUN 5/2019

Tunisia

  • 26 August 2019 – concerning the proposed Draft Law No 91-2018 which seeks to amend Tunisian legislation on state of emergencies. However, the use of the state of emergency in Tunisia must be reviewed in order to ensure its conformity with international law. OL TUN 4/2019 Government reply: 18 November 2019

Trinidad and Tobago

  • 15 July 2019 – Concerning Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) that has not entered into force because it has not acquired the minimum number of 11 ratifications. This landmark regional treaty not only guarantees good environmental governance and human rights including the rights to access information, to participate in decision-making processes as well as to seek remedies, and is also a catalyst for environmental protection and sustainable development. It places a strong emphasis on the fundamental objective of protecting the right to live in a healthy environment. The Special Rapporteur urges Government to ratify the Escazú Agreement as a matter of priority. – OL TTO 1/2019

Uganda

  • 11 September 2018 - Concerning legislative amendments introducing the Over-The-Top tax on telecommunication companies, in which telecommunication companies in Uganda blocked access to social media platforms for all users and required them to pay the Over-The-Top (OTT) tax. It severely restricts the right to freedom of opinion and expression, as well as the rights to freedom of peaceful assembly and of association online in Uganda. – OL UGA 3/2018

Ukraine

  • 17 July 2020 - concerning the draft law "On Amendments to Certain Legislative Acts of Ukraine (Concerning Some Issues of Trade Union Activity" Reg. No. 2681), which includes several provisions that, if approved, might be incompatible with Ukraine's obligations under international human rights law and standards and they would weaken the powers of trade unions, including the right to strike. - OL UKR 2/2020

Uruguay

Venezuela (Bolivarian Republic of)