A/HRC/48/28
to which the Government has replied,222 and by the treaty bodies.223 The Government has
stated that the right to freedom of association is guaranteed in Article 30 of the Constitution,
and that the inclusion in the foreign agent register does not prevent non-profit organization
from accessing foreign funding, and does not place them in a discriminatory position
compared to non-profit organizations that do not receive this type of funding (A/HRC/45/36,
Annex II, para. 107).
112. According to information received by OHCHR, on 30 December 2020, several pieces
of federal legislation were signed into effect further expanding the list of actors that can be
designated “foreign agents” to include unregistered NGOs and individuals, regardless of
nationality. Reportedly, media is prohibited from publishing any information about such
NGOs and unregistered public associations without indicating that they are included in the
register of “foreign agents.” Federal Law No. 538-FC reportedly introduced a five-year
prison sentence for libel, which had been criminalized in 2012, and Federal Law No. 525-FZ
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.
113. The High Commissioner for Human Rights, in her oral update to the Human Rights
Council on 25 February 2021, regretted the entry into force in late 2020 of new legal
provisions further limiting fundamental freedoms and the growing expansion of the definition
of ‘foreign agent.’ 224 She had previously expressed concern that the definition “further
expanded its application to individuals who distribute foreign media, or publish material,
while also receiving money from outside the country” and “will have chilling effect”.225 It
has been reported to OHCHR that the enforcement of the aforementioned legislation, as well
as the new pieces of federal legislation, have further contributed to self-censorship and
reluctance of civil society to engage with the UN. While some civil society organizations
have continued to cooperate with the UN, including from outside the country, some human
rights defenders reportedly decline international attention, including by the UN, to their
issues or situations for fear of retaliation. In particular, some have reportedly expressed
concerns about repercussions for participating in side-events in the margins of the Human
Rights Council and have therefore avoided taking part. Names and further details are
withheld due to fear of further reprisals.
23.
Saudi Arabia
114. The case of Ms. Loujain Al-Hathloul, a woman human rights defender, was included
in the 2019 and 2020 reports of the Secretary-General226 on allegations of disappearance,
detention and torture following her engagement with the Committee on the Elimination of
Discrimination against Women in March 2018. The Committee and special procedures
mandate holders have addressed her situation repeatedly with the relevant authorities (SAU
8/2020; 1/2019; 7/2018). On 7 August 2020, the Government responded to mandate holders
222
223
224
225
226
See Government replies:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=31675;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=31889;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32479;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32078;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=31870;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=31664;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33257;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34888;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35210.
CAT/C/RUS/CO/6 paras. 28 and 29 (c); E/C.12/RUS/6, paras. 7-8; CEDAW/C/RUS/CO/8 paras. 1516; CERD/C/RUS/CO/23-24 para. 11; and CCPR/C/RUS/CO/7 para. 22.
Item 2, General debate, 12th meeting, 46 Regular session of the Human Rights Council, 26 February
2021, at https://media.un.org/en/asset/k1s/k1sd492fyx (time stamp 00:03:09).
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25621&LangID=E.
A/HRC/45/36, Annex II, paras. 110-111; A/HRC/42/30, para. 73 and Annex I, paras. 91–93.
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