A/HRC/48/28
charges, they noted with concern that she still faces two other charges and has been in pretrial detention since 2017.216
108. The cases of the Karapatan Alliance of People’s Rights, a national alliance of
human rights organizations, and of its Secretary General, Ms. Cristina Palabay, were
included in the 2020 and 2019 reports of the Secretary-General 217 on allegations of
intimidation and reprisals for their engagement with the UN. Special procedures mandate
holders addressed alleged killings of two members of the Karapatan alliance as well as the
arbitrary detention and legal cases against Karapatan members and staff, stating that incidents
were believed to be reprisals for their international advocacy, including before the Human
Rights Council (PHL 1/2020).
109. On 28 September 2020, special procedures mandate holders addressed the killing of
another Karapatan member on 17 August 2020 (PHL 5/2020). It was reported to OHCHR
that, following this killing, Government officials red-tagged Ms. Palabay and Karapatan staff
and volunteers with public statements, including during discussions at the 45th session of the
Human Rights Council, prior to and after the adoption of resolution 45/33 when civil society
actors were actively engaging with the UN. Armed Forces of the Philippines Southern Luzon
Commander and spokesperson of the National Task Force to End Local Communist Armed
Conflict red-tagged Karapatan reportedly in relation to its role in providing information to
the UN on the human rights situation in the Philippines. Karapatan and its members were
accused of association with the CPP-NPA-NDF and portrayed as “conspiring to commit
terrorist action” (PHIL 5/2020).
110. On 2 August 2021, the Government responded to the note verbale sent in connection
to the present report stating that it has exhaustively addressed allegations of reprisals against
the Commission on Human Rights and Senator Leila de Lima in its 2019 and 2020 responses
to the UN Secretary-General’s reports. The Government stated that it respects the
independence of the Supreme Court and noted its verdict dismissing allegations of
extrajudicial killings, reprisals, intimidation, threats and red tagging in the case filed by
Karapatan, Gabriela and the Rural Missionaries of the Philippines. The Government
maintains that Karapatan presents an emblematic case for the merits of enhancing due
diligence among UN agencies when assessing allegations from sources and expecting civil
society to observe reasonable standards of accountability for the claims they present before
UN human rights mechanisms.
22.
Russian Federation
111. The 2020 and 2019 reports of the Secretary-General218 noted the 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,
especially with the UN. These include the N 121-FZ Foreign Agent Law for NonCommercial Organizations, adopted in July 2012 and amended in June 2016 (N 147-FZ and
N 179-FZ). The operations of civil society organizations have reportedly been subject to
particular scrutiny, in particular their receipt and use of foreign funding. The issue has been
raised by multiple UN actors, including during the 2018 UPR of the Russian Federation, 219
by the High Commissioner for Human Rights, 220 by special procedures mandate holders,221
216
217
218
219
220
221
72
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26789&LangID=E.
A/HRC/45/36, Annex II paras. 100-101; A/HRC/42/30, Annex II, para. 83.
A/HRC/45/36, Annex II paras. 105-107; A/HRC/42/30, Annex II, para. 88.
A/HRC/39/13, paras. 147.61–67; 147.83–95.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21316&LangID=E.
A/HRC/23/39, paras. 27-34; RUS 5/2012, 3/2013, 13/2013, 5/2014, 9/2014, 4/2015, 2/2016; 4/2016;
8/2016; 5/2019; 9/2019.