A/HRC/42/30
urgent medical issues without adequate care, his conditions of detention are poor and he is
frequently subjected to ill-treatment.
47.
On 28 September 2018, several special procedures mandate holders drew attention
to the misuse of counter-terrorism legislation against individuals peacefully exercising their
right to freedom of expression and association, which they said “should not be used as an
excuse to suppress dissent or curtail human rights work.”133
48.
The 2017 (A/HRC/36/31, para. 32 and Annex I, para. 33) and 2018 (A/HRC/39/41,
Annex I, paras. 19, 22) reports of the Secretary-General addressed legislation adopted on 24
May 2017 (Law 70 of 2017 for Regulating the Work of Associations and Other Institutions
Working in the Field of Civil Work). The former High Commissioner for Human Rights
noted the crucial function of NGOs in Egypt had been “severely hampered already through
asset freezes, travel bans, smear campaigns and prosecutions.” He noted the new law
further restricted space for human rights work by NGOs, including closer scrutiny of
acquiring foreign funding134 (see also EGY 14/2016). Previously, in September 2017, the
Assistant Secretary-General expressed concern that some provisions under the law could
undermine civil society’s ability to engage freely with the UN, including provisions that
would require them to seek Government permission before working with international
organizations or experts.
49.
In November 2018, it was reported that the Government was considering revisions
to Law 70/2017. Discussions have reportedly taken place in 2019 for a new draft law for
submission to the House of Representatives for consideration. The draft was not made
public or subjected to scrutiny. In the meantime, the existing law and its application
reportedly remain a threat to NGOs’ ability to fully function, with many organizations
allegedly declining to submit information to UN human rights mechanisms or otherwise
self-censoring to prevent prosecution and intimidation. Many organizations have reported
an inability to access foreign funding as an impediment to participating in international
advocacy as well as related obstacles to research and travel. These circumstances have
affected many civil society organization’s preparations for Egypt’s UPR review in
November 2019. Reprisals for engagement in Egypt’s UPR in 2014 were addressed in the
2014 report of the Secretary-General (A/HRC/27/38, para. 23; EGY 19/2013).
50.
The 2017 (A/HRC/36/31, para. 30) and 2018 (A/HRC/39/41, Annex II, paras. 19,
22) reports of the Secretary-General addressed allegations of reprisals against civil society
members in the form of asset freezes and travel bans. Several civil society representatives
were prohibited from travelling outside of Egypt under case 173/2011, impacting their
cooperation with the UN. On 20 December 2018, it was reported that over 40 civil society
activists and human rights defenders were acquitted in case 173/2011, many of whom had
been targeted for allegedly receiving foreign funds, inter alia. Despite this significant
development, case 173 remains open and many civil society representatives have been
brought in for questioning. As of May 2019, 31 human rights defenders were reportedly
banned from travel, and around 60 summoned for investigation. Seven NGOs and ten
human rights defenders were still subject to asset freezes including several cases in the
2017 and 2018 reports of the Secretary-General, such as staff members of the Cairo
Institute for Human Rights Studies (CIHRS) and members of their families, Mr. Bahey El
Din Hassan (EGY 16/2017), and Mr. Mohamed Zaree (EGY 16/2017), among others.
10.
Guatemala
51.
The case of Mr. Jerson Xitumul Morales, a journalist who regularly collaborated
with OHCHR, was included in the 2018 report of the Secretary-General (A/HRC/39/41,
para. 40, Annex I, paras. 40–41). He was arrested on charges of threats, instigation to
commit a crime, illicit association, illicit meetings and demonstrations, damages and illegal
detention related to his reporting on the demonstrations in May 2017 by fishermen against
133
134
54
OHCHR, “Egypt: UN experts condemn “systematic targeting” of human rights defenders,” (28
September 2018).
OHCHR, “Repressive new NGO law deeply damaging for human rights in Egypt – Zeid,” (1 June 2017).
GE.19-15332