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

Tunisia

• 29 January 2024 – Concerning the draft amendment to Decree-Law No. 2011-88 of 24 September 2011 relating to the organisation of associations TUN 1/2024

Argentina

• 23 January 2024 – Concerning the implementation of the Resolution of the Ministry of National Security 943/2023 (RESOL-2023-943-APN-MSG) , in conjunction with Resolution 949/2023 (RESOL-2023-949-APN-MSG) ARG 3/2024

Kyrgyzstan

• 18 December 2023 – Concerning the proposed Bill on the Freedom of Religion and Religious Associations, which was published for public discussion from 11 November 2023 until 17 December 2023. According to available reports, the Bill was prepared by the State Commission for Religious Affairs (SCRA). Certain provisions in the Bill could fail to meet Kyrgyzstan’s obligations under international human rights law KGZ 6/2023

Denmark

• 8 December 2023 – Concerning the draft Act to amend the Penal Code (Prohibition of undue treatment of writings with significant religious significance for a recognized religious community) DNK 1/2023

Sri Lanka

• 20 November 2023 – Concerning the recently proposed Online Safety Act and Broadcasting Regulatory Commission Act. We wish to address some provisions of both aforementioned bills that we believe may not meet the requirements of international law and standards. In particular, we note potential violations of the rights to privacy, freedom of opinion and expression, and freedom of peaceful assembly and of association as protected by articles 12, 19 and 20 of the Universal Declaration of Human Rights (UDHR), and articles 17, 19, 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR), acceded to by Sri Lanka on 11 June 1980 LKA 9/2023

India

• 31 October 2023 – Concerning the 2006 Foreign Contribution (Regulation) Act (FCRA) and its amendments, the 2002 Prevention of Money Laundering Act (PMLA) and its amendments, and the Unlawful Activities (Prevention) Act (UAPA) and its amendments, as well as the National Investigation Agency (NIA) and Enforcement Directorate (ED). These acts and agencies outline and enforce India’s Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) legislation IND 10/2023

Bosnia and Herzegovina

• 27 October 2023 – Concerning the draft Republika Srpska law on the Special Registry and Publicity of the Work on Non-Profit Organisations (“the Draft Law”). The international community recognizes the need to ensure that the NPO sector operates openly and positively and that a risk-based approach is taken to ensure that the elements of the NPO sector are not misused as well as the need for the sector to be transparent. However, in its current draft form, the proposed law would place restrictions that are inconsistent with international human rights standards, especially the right to freedom of association, freedom to participate in public affairs, freedom of expression, and the full access to economic and social rights for persons working in the NPO sector. Should this legislation be passed, NPOs may struggle to continue to function freely and effectively as a result BIH 3/2023

Russian Federation

• 27 October 2023 – Concerning the Federal Law No. 35-Fz of 6 March 2006 on Counteraction Against Terrorism, the Federal Law N 157-FZ of 28 April 2023 introducing life imprisonment for treason and the Draft Law “On amending article 1 of the federal law 'On the territorial jurisdiction of district (fleet) military courts”. RUS 26/2023

Unites States of America

• 24 October 2023 – Concerning article 6 of chapter 11 of the State of Georgia’s Criminal Code outlawing “domestic terrorism,” which entered into force in July 2017, amending title 16 of the Georgia Code (GA C).  USA 27/2023

Libya

• 6 October 2023 – Concerning Law 19 of 2001 on the Reorganisation of Non-Governmental Organisations, as well as Decree 286/2019 regulating the operation of the Civil Society Commission, and Regulation 3/2016 concerning the Control of Opening Accounts for Non-profit Organisations and Institutions. Many provisions of Law 19/2001, Decree 286/2019 and Regulation 3/2016 are contrary to Libya’s international human rights obligations, including the right to the freedom of association, as protected by Article 22 of the International Covenant on Civil and Political Rights, and enshrined in Article 34 of Libya’s Constitutional Declaration of 2011. LBY 3/2023

Kyrgyzstan

• 2 October 2023 – Concerning the proposed Draft Law “On Amendments to Certain Legislative Acts of the Kyrgyz Republic” (Law of the Kyrgyz Republic “On Non-Commercial Organizations” and the Criminal Code of the Kyrgyz Republic) KGZ 4/2023

Venezuela (Bolivarian Republic of)

• 21 September 2023 – Concerning the draft Law on supervision, regularization, performance and financing of non-governmental organizations (NGOs) and related organizations (“bill”), approved in first discussion by the National Assembly on January 25, 2023. If approved as law in its current version, this bill will have serious consequences for the exercise of human rights, primarily the right to freedom of association, as well as the rights of people who participate in and benefit from the activities of organizations constituted as different types of associations VEN 2/2023

Vietnam

• 18 September 2023 – Concerning several laws and decrees, including the Constitution of the Socialist Republic of Vietnam (2013), the Criminal Code (2015), the Press Law (2016), the Access to Information Law (2016), and the Cybersecurity Law (2018), as well as Decree 72/2013/ND-CP on “management, provision, and use of internet services and information content online”, Decree 15/2020/ND-CP on “penalties for administrative violations against regulations on postal services, telecommunications, radio frequencies, information technology and electronic transactions”, Decree 119/2020/ND-CP on “penalties for administrative violations in journalistic and publishing activities”, Decree 53/2022/ND-CP on “elaborating a number of articles of the law on cybersecurity of Vietnam”, Decree 13/2023/ND-CP on “protection of personal data”, and draft amendments to the Telecommunication Law (2009) VNM 6/2023

Angola

• 29 August 2023 – Concerning the Law on the Status of Non-Governmental Organizations Bill (the Bill). Many provisions in the proposed law would be contrary to Angola’s international human rights obligations, including the right to the freedom of association, the right to freedom of opinion and expression, and the right to non-discrimination AGO 2/2023

Belarus

• 28 August 2023 – Concerning the proposed Bill on the Freedom of Conscience and Religious Organisations, which was recently developed by the chief state religious affairs official, Plenipotentiary for Religious and Ethnic Affairs. On 2 June 2023, the draft was publicly shared to obtain views and comments from concerned stakeholders. The period for comments was limited to from 5 to 15 June 2023. Certain provisions in the draft Bill would fail to meet Belarus’ obligations under international human rights law BLR 7/2023

Zimbabwe

• 16 August 2023 – Concerning the Criminal Law (Codification and Reform) Amendment Act (no. 10 of 2023), which was enacted into law by the Parliament and the President of Zimbabwe on 14 July 2023 ZWE 1/2023

India

• 8 August 2023 – Concerning the counter-terrorism legislative and regulatory framework applicable to Jammu and Kashmir since the abrogation in August 2019 of its special autonomous status pursuant to Article 370 of the Indian Constitution IND 6/2023

China

• 25 July 2023 – Concerning the Public Consultation Document and Specific Proposals on the Regulation of Crowdfunding Activities (“Proposal”) issued in December 2022 by the Financial Services and the Treasury Bureau of the Hong Kong Special Administrative Region (“HKSAR”). The adoption of the Proposal, in its current form, may result in the violation of certain fundamental rights and freedoms under international law, including the International Covenant on Civil and Political Rights ("ICCPR"). Specifically, the proposed crowdfunding application and registration procedures—if not subject to further delimiting measures including judicial oversight and due process safeguards—may not meet the required thresholds of necessity, proportionality and non-discrimination under international law CHN 12/2023

Sweden

• 24 July 2023 – Concerning the Government’s Bill 2022/23:73 concerning special criminal provisions for participation in a terrorist organisation, which amended the Terrorist Offences Act (2022:66), Code of Judicial Procedure, and the Act on measures to prevent certain particularly serious offences (2007:979), and entered into force in June 2023. There are several serious human rights challenges raised by this Bill, including the definition for participation in a terrorist organization, which is overly broad. We particularly highlight the negative and disproportionate impacts that the legislation may have on the exercise of freedom of opinion and expression, freedom of peaceful assembly and association, as well as the right to privacy SWE 2/2023

Nicaragua

• 13 July 2023 – Concerning Information received in relation to the resolutions of the Supreme Court that suspended twenty-six lawyers from the Nicaraguan Bar Association after being declared “traitors to the country”, allegedly in retaliation for their work in favor of human rights and for their opinions. The measure is the result of a judicial decision to expel 222 people, including some of these lawyers, and the reforms approved by the Legislative Assembly to allow the stripping of Nicaraguan nationality and their property from people declared “traitors to the country.” , including 94 people NIC 1/2023

Bahrain

• 8 May 2023 – Concerning the Law No. (58) Of 2006 With Respect to Protecting the Society from Terrorist Acts and the Bahraini Citizenship Act of 1963 as amended in 2014 and 2019 respectively. There are several serious human rights challenges in relation to the definition of terrorism contained in the legislation which, in our view, is overly broad; the negative and disproportionate impact of the legislation may have on particular groups, on due process, on the right to liberty and security of person, as well as on the exercise of freedom of opinion and expression, and freedom of peaceful assembly and association. Reiterated the observations made in AL BHR 2/2019 on the Law No. (58) Of 2006 With Respect to Protecting the Society from Terrorist Acts BHR 2/2023

Sri Lanka

• 28 April 2023 – Concerning the recently proposed Anti-Terrorism Act (ATA) published on 17 March 2023, which represents the latest development of your Excellency’s Government response to the challenges posed by the Prevention of Terrorism Act of 1979 (PTA) and the Rehabilitation Bill passed by the Sri Lankan Parliament on 18 January 2023. This legislation followed previously proposed legislation which sought to establish a Bureau for the Rehabilitation of ‘drug addicts, war warriors, and violent extremists.’ The revisions to the Rehabilitation Bill following a decision of the Supreme Court do not adhere in certain regards to fundamental rights enshrined in the Constitution, have not remedied the substantive deficiencies of the legislation, and therefore place many of its provisions in direct contradiction with the Government’s international human rights law obligations LKA 4/2023

Bosnia and Herzegovina

• 10 March 2023 – Concerning the proposed draft amendments to the criminal code of Republika Srpska on “criminal offences against honour and reputation”, which were announced by the Minister of Justice of Republika Srpska, on 2 March 2023 and were published on 3 March 2023 BIH 1/2023

Mozambique

• 10 March 2023 – Concerning comments on a draft bill on non-profit organizations (NPO) in Mozambique (“the draft NPO law”), introduced to Parliament in October 2022, and currently tabled to be discussed at the parliamentary session starting on 22 February 2023. If adopted into law in its current version, this bill will have serious consequences for the exercise of human rights, including the right to freedom of association, for individuals involved in and benefiting from non-profit organizations in Mozambique MOZ 2/2023