A/HRC/42/30 16. Hungary 47. On 10 September 2018, seven special procedures mandate holders raised concerns about legislation and practices impacting the activities of civil society (HUN 7/2018). 78 They referenced the NGO Transparency Law (HUN 2/2017), stating that it would stigmatize foreign funded NGOs and noting that seventeen NGOs had filed a case against the law. The legislative initiatives and stigmatizing public discourse have been reported to OHCHR as intimidating and deterring civil society actors from cooperating with the UN, resulting in self-censorship in some cases. 48. Certain sectors of civil society report having been denied cooperation by Government agencies and some have lost access to foreign funding. Their ability to provide services to groups in need, to collect reliable data and gather information has reportedly been affected, as well as their capacity to conduct research, advocacy and reporting to UN human rights bodies. Further, civil society organizations have reported being called “traitors” serving foreign interests for their engagement with the UN. The mandate holders observed that “Threats against human rights defenders in Hungary are now regular and widespread, evidently encouraged by the Government.” 79 49. The mandate holders expressed concern in particular about the public discourse on migration in this context (HUN 7/2018). Hostile rhetoric and billboards against civil society and the UN, for example around the consultations for the UN Global Compact for Safe, Orderly and Regular Migration on 13 July 2018, was previously reported (A/HRC/39/41, Annex I, para. 59). In July 2018, the Government informed OHCHR that its “rhetoric did not target any organization or individual for cooperating with the UN, but took a position and shared its view on the draft of a UN document related to migration” (A/HRC/39/41, para. 59). 50. The mandate holders drew attention to a draft bill, Act VI 2018, which amended certain laws relating to combatting illegal immigration, in particular, the creation of a new criminal offense, punishable with one year of imprisonment, in the Criminal Code of “supporting and facilitating illegal immigration” (HUN 7/2018). They noted that the “bill criminalises any ‘organisational activities’ to assist asylum seekers – already in Hungary or at the border – to exercise their legal rights to submit an asylum procedure or to obtain a residence permit.” They also noted the bill makes it “a crime to organise border monitoring” and “to provide financial means for the above activities.” The law inevitably restricts cooperation with UN entities assisting migrants and refugees, such as UNHCR. The law was found constitutional by the Constitutional Court in March 2019, with the exemption of altruistic action. However, organizations noted that this decision did not clarify how this exemption would be implemented and some reported restrictions in their work. 51. The mandate holders also raised concern about the amendments to the Tax Code adopted on 25 July 2018 (HUN 7/2018). In particular they noted the introduction of a special 25 percent tax on funding of organizations which carry out any activities that “promote migration” or for “immigration activities” which can include building networks and “propaganda activities that portray immigration in a positive light.” Organizations reported to OHCHR that the tax has the effect of reducing their budgets and, consequently, their ability to conduct activities, do research, report to UN human rights bodies, and participate in UN meetings. 52. On 18 June 2019 the Government responded that the allegations were false and inaccurate and based on political bias. 78 79 GE.19-15332 OHCHR, “UN experts decry Hungary’s tough new measures against migrants and civil society,” (11 September 2018). Ibid. 29