A/HRC/51/47
allegations and stating that, according to the investigation of local authorities, there were no
claims or reports filed related to the four missing members of the Hmong community.
103. According to information received by OHCHR, the situation of the relatives of the
four individuals allegedly disappeared and of members of the Chaofa Hmong community has
deteriorated further. During the reporting period, authorities have reportedly further restricted
the access of civilians to the Xaisombun Province, including of civil society organizations,
tightening control over physical movements and information flows in the area. A
Government Decree issued on 14 March 2021 prohibited civilian circulation in the area
reportedly until 31 May 2021. However, as of 30 April 2022, independent observers,
humanitarian actors, or international organizations had reportedly not been granted access to
the area. During this time, relatives of the individuals allegedly disappeared as well as
members of the Hmong community have reportedly experienced increased violence, fear,
and isolation, and have consequently declined contact for fear of further retaliation. The case
of the four community members and their relatives is still under consideration by the Working
Group on Enforced or Involuntary Disappearances.
17.
Maldives
104. The case of the Maldives Human Rights Commission was included in the 2015 and
2021 reports of the Secretary-General 145 following the Supreme Court’s suo moto
proceedings and judgement that found the Commission’s report to the 2014 Universal
Periodic Review (UPR) of the Maldives unlawful for its critical assessment of the
independence of the judiciary. In February 2021, the United Nations Human Rights
Committee recognized the context where the criticism was made, i.e., in a written report
submitted to the UPR,146 and stated that the Supreme Court’s 2015 judgement and guidelines
were disproportionate and unnecessary limitations on the Commission’s freedom of
expression that restricted its ability, including of its members, to seek, receive and impart
information, and may have created a chilling effect (paras. 7.4 and 8.9). In August 2021, the
Government acknowledged147 that the Supreme Court decision and guidelines had negatively
impacted the independence of the Commission. It informed that amendments made in 2020
to the Human Rights Commission Act (Law 6/2006) had reinstated and reinforced the
independence of the Commission.
105. According to information received by OHCHR, the 2020 amendments to the Human
Rights Commission Act included the stipulation that the Commission can decide to establish
bilateral and multilateral relations with relevant actors as part of its work to protect and
promote human rights. Reportedly, the amendments have removed the mandated prior
approval before the Commission could engage with United Nations human rights
mechanisms. They reportedly also specify that the Commission can submit reports and
findings in its capacity as national human rights institution under international human rights
conventions and treaties the Maldives is party to. As of 30 April 2022, the translation of the
2020 amendments to the Human Rights Commission Act was not yet available.
106. On 31 July 2022, the Government replied to the note verbale sent in connection to the
present report indicating that the Attorney’s General’s Office had no comments to the
information contained in Annex II. It noted that the 2020 amendments to the Human Rights
Commission Act are lengthy with multiple changes to the law and, therefore, there is not a
full translation of the whole Amendment. Concerning the information included in Annex II,
the Government provided the English translation of the relevant part or addition to Section
26-1 of the law.
18.
Mexico
107. The case of staff of the Justice Centre for Peace and Development, a nongovernmental organization documenting and reporting human rights violations in the state of
145
146
147
A/HRC/48/28, Annex II paras. 85–86.
CCPR/C/130/D/3248/2018, para. 87.
A/HRC/48/28, Annex II para. 90.
59