A/HRC/42/30
(CONAPREV), participated in the examination of Honduras during the 14th session of the
UN Committee on Enforced Disappearances. She presented a report including allegations
of torture and ill-treatment during the detentions in the context of the 2017 presidential
elections. Since her participation in the session, Ms. Ayala, who is up for re-election in
September 2019, has reportedly been the subject of demeaning comments from public
officials, including members of Congress, undermining her position and work at the
CONAPREV. Moreover, it is reported that CONAPREV has been affected by budgetary
restrictions without explanation. Fearing for her physical integrity, Ms. Ayala has reported
to the National Protection Mechanism, the National Commissioner for Human Rights
(CONADEH) and the UN Subcommittee on Prevention of Torture. At the request of
CONADEH, the National Police are providing security measures for Ms. Ayala.
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
78
79
OHCHR, “UN experts decry Hungary’s tough new measures against migrants and civil society,” (11
September 2018).
Ibid.
27