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Comments on legislation and policy

Special Rapporteur on counter-terrorism and human rights

This page lists the comments on legislation and policies that are relevant to the work of the mandate and sent to States and other stakeholders.

Date Country Topic Communication Government reply
23 May 2022 Belarus Information received concerning the proposed amendments to the Criminal Code of Belarus (Law No. 275-Z of 9 July 1999) adopted by the two chambers of the Belarusian Parliament on 27 April 2022, and signed into law by the President of Belarus on 13 May 2022, which provide for an extension of the application of the death penalty for “attempted” crimes related to terrorism, including activities that do not fall under the category of “most serious crimes” established by international law for the imposition of capital punishment. The fact that the proposed amendments would extend the death penalty to acts beyond intentional killing, as well as seemingly broad and vague definitions of “terrorist acts,” raise concerns that they could be interpreted to include acts aimed at the legitimate exercise of fundamental rights. BLR 3/2022  
05 May 2022 Nicaragua Comentarios sobre la Ley General de Regulación y control de Organismos sin Fines de Lucro (la "Ley de OSFL"), que introduce amplios requisitos de registro y presentación de informes a las OSFL, así como severas sanciones administrativas para los organismos concernidos. NIC 1/2022  
05 May 2022 Israel Information received concerning Counter-Terrorism Law 5776-2016 and related regulations and orders. ISR 6/2022  
14 Feb 2022 China comments on the applicability of the International Covenant on Civil and Political Rights (“ICCPR” or the “Covenant”) to law enforcement and judicial activity carried out under The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“National Security Law” or “NSL”). CHN 3/2022 10-Aug-22
08 Feb 2022 Qatar Information received concerning Law No. 20 of 2019 Promulgating the Law on Combating Money Laundering and Financing of Terrorism (Law No. 20). QAT 1/2022  
19 January 2022 New Zealand Comments on the Counter-Terrorism Legislation Act 2021 and its compatibility with New Zealand’s international and human rights law obligations.   NZL 1/2021   
27 December 2021 Algeria Comments and suggestions regarding certain legal texts relating to security and the fight against terrorism recently approved, in particular Ordinance No. 21-08 amending and supplementing Ordinance No. 66-156 of June 8, 1966 on the Code Criminal Code and Law No. 20-06 of April 22, 2020 also amending the Penal Code. DZA 12/2021   28 Dec 2021
04 Jan 2022
09 Dec 2021 Sri Lanka Update on the action in process to review and bring the ‘Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended by Act No. 10 of 1982’ [hereinafter ‘PTA’] published in the Gazette Extraordinary No. 2218/68 on 12 March 2021 in line with international norms and standards within a time bound process. LKA 7/2021 10 Dec 2021 11 Dec 2021 16 Dec 2021
19 November 2021 Venezuela Considerations on various regulations in force or in the approval process, including, among others, Administrative Ruling No. ONCDOFT-002-2021, Circular SIB-DSB-CJ-OD-06524 (SUDEBAN), Law for the Defense of National Sovereignty and Self-determination and the Draft Law on International Cooperation related to the registration, control and financing of non-profit non-governmental organizations (NGOs) in the Bolivarian Republic of Venezuela.  VEN 8/2021   
21 October 2021 Permanent Delegation of the European Union Information received regarding two pieces of pending European Union (“EU”) legislation: the counter-terrorism agenda entitled “A Counter-Terrorism Agenda for the EU: Anticipate, Prevent, Protect, Respond” [hereinafter “Agenda”] and the Proposal for Amending Regulation (EU) 2016/794 [hereinafter “Proposal”]  OTH 229/2021    
16 September 2021 Thailand Information received concerning the 28 June 2021 Thai Cabinet Resolution, which requires the Council of State to incorporate eight principles on anti-money laundering and countering the financing of terrorism into the forthcoming Draft Act on the Operation of Not-for-Profit Organizations, in potential contravention of Thailand’s international and human rights law obligations.  THA 5/2021  01 Oct 2021 
24 August 2021 Austria Concern with the recently enacted Anti-Terrorism Act (the “Act”), which introduces “religiously motivated extremist association” as a basis for criminalization and implements a new electronic surveillance system for individuals on conditional release – all in potential contravention of Austria’s international and human rights law obligations.  AUT 2/2021  20 Oct 2021
04 Jan 2022 
9 August 2021 Sri Lanka Concerns about the adoption and implementation of a recent regulation, titled ‘Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021’ [hereinafter ‘Regulation’] under section 27 of the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended by Act No. 10 of 1982 [hereinafter ‘PTA’] published in the Gazette Extraordinary No. 2218/68 on 12 March 2021. In this regard, we wish to express our serious concern and to encourage the rescission of the Regulation because its provisions are contrary to Sri Lanka’s international legal obligations.  LKA 3/2021  11 Aug 2021 
6 August 2021 Haiti Comments and suggestions on the Decree on the creation, organization and operation of the national intelligence agency and the Decree for the strengthening of public security, adopted on November 25, 2020 and revised on December 31, 2020, as well as the revision of the Penal Code adopted by decree on June 24, 2020.  HTI 2/2021   
9 June 2021 France Comments and Suggestions on Bill No. 4104 on the Prevention of Acts of Terrorism and Intelligence, dated April 28, 2021 (“the bill”).  FRA 5/2021   
09 December 2021 Sri Lanka Update on the action in process to review and bring the 'Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended by Act No. 10 of 1982' [hereinafter 'PTA'] published in the Gazette Extraordinary No. 2218/68 on 12 March 2021 in line with international norms and standards within a time bound process. LKA 7/2021 10 Dec 2021
11 Dec 2021
29 July 2021 Uzbekistan

Comments and concerns on the recent act “On Freedom of Conscience and Religious Organisations”, signed into law by the President of Uzbekistan on 5 July 2021.

OL_UZB_4/2021

 

15 June 2021 Brazil

Comments on Senate Bill No. 272/2016, seeking to reinstate provisions in Brazil’s Anti-Terrorism Law and Draft Bill No. 1595/2019, which would also amend prior legislation.

OL_BRA_6/2021

18 June 2021

7 June 2021 Denmark

Concerning the recent “Security for All Danes” bill, submitted to the Danish Parliament on 8 October 2020. If adopted into law in its current version, this bill may have a grave impact on the civic space and fundamental in particular with the right to freedom of peaceful assembly.

OL_DNK_3/2021

10 June 2021

9 March 2021 Netherlands

Comments on the Bill on Amendments to the Criminal Code and the Code of Criminal Procedure to criminalize residence in an area controlled by a terrorist organization.

OL_NLD_2/2021

 

8 March 2021 Belarus

Comments and suggestions on the Law No. 14-Z of 13 May 2020 which amends Law No. 165-З of 30 June 2014 on "actions to be taken to prevent legitimization of the proceeds of crime and the financing of terrorism and financing the weapons of mass destruction proliferation" and the Decree Nº 153-1 issued by the Ministry of Justice on 7 November 2020 on "information about the activities of public associations and foundations".

OL_BLR_2/2021

 

11 February 2021 Turkey

Comments on Law No. 7262 on Preventing Financing of Proliferation of Weapons of Mass Destruction which entered into force on 31 December 2020

OL_TUR_3/2021

 

4 January 2021 Nicaragua

Comments on the Law against Money Laundering, Terrorism Financing and Financing the Proliferation of Weapons of Mass Destruction (Law No. 977), approved by the Nicaraguan Parliament on July 16, 2018. It modifies articles 394 and 395 of Law No. 641, which is valid for the Penal Code, relating to terrorism and its financing.

OL_NIC_4/2020

 

17 December 2020 Saudi Arabia

Comments on the 2017 Law on Combating Crimes of Terrorism and its Financing, which was recently amended on 19 June 2020

OL_SAU_12/2020

 

13 November 2020 Nicaragua

Comments on the Law on the Regulation of Foreign Agents and the Special Law on Cybercrime, recently approved by the National Assembly (Comentarios sobre la Ley de Regulación de Agentes Extranjeros y la Ley Especial de Ciberdelitos, aprobadas recientemente por la Asamblea Nacional.

OL_NIC_3/2020

 

13 November 2020 United Arab Emirates

Comments and suggestions on the 2014 Law No. 7 On Combatting Terrorism Offences (Law 7) which abrogated Federal Decree-Law no. 1/2004.

OL_ARE_6/2020

 

12 November 2020 France

Comments and suggestions on the Draft Law No. 3452 on Global Security dated 20 October 2020 ("Commentaires et suggestions à propos de la proposition de loi n° 3452 relative à la sécurité globale datant du 20 octobre 2020").

OL_FRA_4/2020

 

3 November 2020 European Union

Comments on the new draft ‘Regulation on preventing the dissemination of Terrorism Content Online’, proposed by the Presidency of the Council of the EU

OL_OTH_73/2020

 

18 September 2020 Burkina Faso

Comments on Law N°044-20191 (Commentaires à propos de la "Loi N°044-20191 qui modifie le Code pénal du Burkina Faso")

OL_BFA_2/2020

 

1 September 2020 China

Comments on The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“National Security Law”)

 

 

26 August 2020 Turkey

Comments on the Anti-Terror Law No. 3713 (“Anti-Terror Law”) and the amendments made to this law and the Penal Code through Law No. 7145, adopted on 31 July 2018

OL_TUR_13/2020

22 October 2020

22 July 2020 Peru

Comments on Decree Law No. 25475, which establishes the penalties for terrorist offences and the procedures for police investigation, investigation and trial (Decreto Ley No. 25475 “Ley que establece la penalidad para los delitos de terrorismo y los procedimientos para la investigación, la instrucción y el juicio”, Proyecto de Ley 470/1/2019-PE, Proyecto de Ley 411/2018 y Proyecto de Ley 04852/2020-CR)

OL_PER_3/2020

 

22 July 2020 United Kingdom of Great Britain and Northern Ireland

Comments on the ‘Counter Terrorism and Sentencing Bill’

OL_GBR_7/2020

12 October 2020

29 June 2020 The Philippines

Comment on ‘The Anti-Terrorism Act of 2020’

OL_PHL_4/2020

27 August 2020

24 June 2020 France

Comment on the draft law on security measures that may be ordered against perpetrators of terrorist offences amending Title XV of Book IV of the Code of Criminal Procedure (proposition de loi sur les « Mesures de sûreté pouvant être ordonnées à l’encontre des auteurs d’infractions terroristes » portant modification du titre XV du livre IV du code de procédure pénale)

OL_FRA_2/2020

 

19 June 2020 China

Comments on the Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the Hong Kong Special Administrative Region

OL_CHN_13/2020

 

26 May 2020 Switzerland

Comments on the proposed Anti-Terrorism Police Measures Law (Commentaires à propos du projet de loi intitulé "Loi fédérale sur les mesures policières de lutte contre le terrorisme")

OL_CHE_1/2020

 

6 May 2020 India

Comments to the Unlawful Activities Amendment Act 2019 and the 1967 Unlawful Activities Prevention Act

OL_IND_7/2020

 

6 May 2020 Kyrgyzstan

Comments on the proposed law of the Kyrgyz Republic on Countering Terrorism

OL_KGZ_3/2020

16 June 2020

23 April 2020 China (Hong-Kong)

Comments on the United Nations (Anti-Terrorism Measures) Ordinance, Cap. 575 (“Anti-Terrorism Law”)1 and Crimes Ordinance, Cap. 200, Sections 9 and 10 (“Sedition Law”)

OL_CHN_7/2020

23 July 2020

23 July 2020

23 July 2020

23 July 2020

23 July 2020

9 April 2020 Cambodia

Draft Law on the Management of the Nation during the State of Emergency

OL_KHM_1/2020

16 April 2020

8 April 2020 Sri Lanka

Comments and suggestions on the circular by the Ministry of Health of Sri Lanka providing standard guidance on the autopsy practice and the disposal of COVID-19 related dead body.

OL_LKA_2/2020

 

8 April 2020 Egypt

Amendments to the Terrorist Entities Law (Law 8 of 2015) and the Anti-Terrorism Law, (Law 94 of 2015), approved by the Parliament’s Legislative Committee on 10 February 2020; effect and application of The Right to Public Meetings, Processions and Peaceful Demonstrations Law No. 107/2013; the Law no.70/2017 on Associations and Other Foundations Working in the Field of Civil; and Law No. 149/2019

OL_EGY_4/2020

8 April 2020

1 November 2019 China

Counter-Terrorism Law of the People’s Republic of China and its Regional Implementing Measures, the 2016 Xinjiang Uyghur Autonomous Region Implementing Measures

OL_CHN_18/2019

16 December 2019

26 August 2019 Tunisia

Proposed Draft Law No 91-2018 to alter Tunisia’s emergency powers legislation

OL_TUN_4/2019

18 November 2019

19 June 2019 Ethiopia

A Proclamation to Provide for the Prevention and Suppression of Terrorism 2019

OL_TEH:3/2019

 

4 April 2019 Australia

Comments on the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Law 2019

OL_AUS_5/2019

24 April 2019

23 September 2019

26 February 2019 Sri Lanka

Comments and suggestions on the adoption of national legislation to repeal and replace the Prevention of Terrorism Act of 1978.

OL_LKA_1/2019

 

7 December 2018 European Union

Comments on the Proposal for a Regulation on preventing the dissemination of terrorist content online to complement Directive 2017/541 on combating terrorism.

OL_OTH_41/2018

 

26 October 2018 Sri Lanka

Comments and suggestions on the counter-terrorism draft legislation

OL_LKA_5/2018

 

17 July 2018 United Kingdom of Great Britain and Northern Ireland

Comments on the House of Commons Public Bill Committee

OL_GBR_7/2018

7 September 2018

7 July 2018 United Kingdom of Great Britain and Northern Ireland

Comments on the Counter-Terrorism and Border Security Bill

OL_GBR_6/2018

7 September 2018

15 February 2018 Australia

Comments on the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017

OL_AUS_2/2018

 

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