A/HRC/51/47
123. In September 2021 and January 2022, the Government responded 162 providing
detailed information on the cases and underlining the diligence of law enforcement officials
in keeping with the rule of law. The Government emphasized the importance that it attaches
to safeguarding civic space and acknowledged that ensuring plurality of voices, including
dissenting ones, is vital to the functioning of democracy. It regretted that certain sectors are
exploiting their access to civic space in Geneva to falsely characterize Government lawful
actions as “arbitrary arrests, trumped-up charges, planting of evidence, attack against
defenders, act of reprisals, etc”. Regarding allegations of cyber-attacks, it informed that there
is an ongoing confidential investigation, and it is not in a position to discuss the details
pending its outcome.
124. According to information received by OHCHR, Ms. Palabay continues to suffer
online threats, harassment, and legal action. Karapatan continues to engage with the UN,
including as part of the Technical Working Group on Civic Space and Engagement of Civil
Society and the Commission on Human Rights under the UN Joint Programme on Human
Rights, which is implementing Human Rights Council resolution 45/33.
125. On 26 July 2022, the Government replied to the note verbale sent in connection to the
present report highlighting that the Philippines is home to civil society organizations and
human rights defenders that freely and consistently access UN human rights bodies through
communications. The Government noted that it has already comprehensively addressed the
reprisal allegations contained in the present report, including through its response to the 2021
Secretary-General’s report and referred to it. The Government further highlighted relevant
developments not covered in previous replies to provide a broader perspective of the human
rights situation in the country. Amongst other developments, it referred to the first Human
Rights Defenders National Assembly that took place on 14 December 2021 spearheaded by
the Presidential Human Rights Committee Secretariat and inspired civil society organizations
and human rights defenders to send communications to the OHCHR acknowledging the value
of both the Philippines’ and OHCHR’s human rights efforts. The Government also
underlined that civil society freely submits parallel or shadow reports to UN treaty bodies
prior to State constructive dialogues and to the UN Human Rights Council prior to the
Universal Periodic Review.
22.
Russian Federation
126. The 2019, 2020 and 2021 reports of the Secretary-General163 addressed the alleged
effects that restrictive legislation, in particular laws on “foreign agents” or “undesirable
organizations,” have had on the willingness and ability of civil society actors to engage with
international bodies, including with the United Nations. These included the N 121-FZ
Foreign Agent Law for Non-Commercial Organizations, adopted in July 2012 and amended
in June 2016 (N 147-FZ and N 179-FZ) and several pieces of federal legislation signed into
effect on 30 December 2020164 further expanding the list of actors that can be designated
“foreign agents” to include unregistered NGOs and individuals, regardless of nationality. The
operations of civil society organizations had reportedly been subject to particular scrutiny, in
particular their receipt and use of foreign funding. On 5 April 2021, Bills No.1052327-7 and
105895-7 were adopted and published, reportedly introducing amendments and penalties for
non-compliance with the norms mentioned above. The enforcement of this legislation
reportedly contributed to self-censorship and dissuaded civil society actors from publicly
engaging with the United Nations.
162
163
164
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36533;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36754.
A/HRC/42/30, Annex II, para. 88; A/HRC/45/36, Annex II, paras. 105–107; A/HRC/48/28 Annex II,
paras. 111–114.
Restrictive legislation includes Federal Law No. 538-FC as well, which reportedly introduced a fiveyear prison sentence for libel, and Federal Law No. 525-FZ which reportedly introduced criminal
liability for malicious violation of the duties of a “foreign agent” with a penalty of up to five years in
prison. On 5 April 2021, Bills No.1052327-7 and 105895-7 were adopted and published, reportedly
introducing amendments and penalties for non-compliance with the norms mentioned above.
63