A/HRC/42/30
and in a follow up letter on 30 August 2018.149 The Committee urged the Government to
stop the targeting of indigenous leaders and human rights defenders, including incumbent
and former United Nations special procedures mandate holders, as terrorists, which could
amount to intimidation and reprisals. In August 2018, UN experts urged further action to
remove names on the Government’s “terror list.”150
85.
On 21 June 2019, the Government responded to the allegations. Regarding the
situation of the Commission on Human Rights, the Government stated that contrary to the
allegations of reprisals, it has further cultivated enabling conditions and environment for
the work of the Commission with the unprecedented increase of its 2017 budget by over
60% from its regular budget. With reference to the statement by the Presidential
spokesperson, the Government indicated that it exercises full rights to legitimately respond
to public statements by other actors and that labelling Government’s statements as acts of
reprisals and intimidation is a curtailment of the role of State actors in any democratic
process. Regarding the case of Senator de Lima, the Government provided detailed
information on the legal proceedings and the status of the ongoing cases against her,
indicating that it is improper to intervene with regard to her detention and prosecution in
light of concerns for the independence and impartiality of the judicial process.
86.
Concerning the situation of Karapatan, the Government indicated that it is
unlawfully operating since its corporate existence and registration have long been ordered
revoked for the non-filing of reports. In view of the Government, Karapatan has failed to
substantiate its figures concerning human rights violations or present evidence before an
independent domestic body created to look into the allegations. Regarding the creation of
the National Task Force to End Local Communist Armed Conflict, the Government states
that some indigenous peoples and rights defenders have been exploited by terrorist
organizations and misuse the international system and its sympathies, calling State efforts
to uphold the rule of law, bring perpetrators to justice, and put an end to atrocities these
groups commit with impunity as “acts of reprisals.”
23.
Russian Federation
87.
Reported acts of harassment, surveillance, threats, and intimidation against Ms.
Yana Tannagasheva and Mr. Vladislav Tannagashev and their families, representatives of
the Shor indigenous peoples from South West Siberia, as reprisals for cooperation with the
CERD, were included in the 2018 report of the Secretary-General (A/HRC/39/41, para. 63,
Annex I, paras. 90–91). In April 2018, as a consequence of the threats, they left Russia with
their children. In May 2018, CERD raised their situation with the State party and, in June
2018, special procedures mandate holders raised concerns with the authorities (RUS
11/2018; 151 OTH 34/2018; A/HRC/40/60/Add.1, paras. 512 and 677). On 12 September
2018, the Government responded to the allegations by special procedures and noted a
preliminary investigation into the harassment and a criminal case was refused on 28 April
2018 on the basis of “absence of a crime.” On 26 July 2018 this decision was overturned by
the supervising procurator, and further investigations were ongoing. On 24 July 2019 the
Government provided an update to OHCHR and noted that the investigation was ongoing.
88.
In September 2018, in the context of the UPR of the Russian Federation, States
made recommendations regarding restrictive legislation, in particular, laws on “foreign
agents” and “undesirable” organizations (A/HRC/39/13, paras. 147.61–67; 147.83–95).
Since 2012, the Russian Federation has adopted a number of laws and amendments that
have reportedly had a direct impact on the willingness and ability of civil society actors to
engage with international bodies, in particular with the UN. Human rights organizations
have been impacted primarily by the application of laws and policies such as N 121-FZ
149
150
151
62
https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/PHL/
INT_CERD_ALE_PHL_8761_E.pdf.
OHCHR, “The Philippines: UN experts urge further action to remove names on Government’s “terror
list,” (20 August 2018).
Response from Government:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34329.
GE.19-15332