A/HRC/42/30
Foreign Agent Law for Non-Commercial Organizations, adopted in July 2012 and amended
in June 2016 (N 147-FZ and N 179-FZ). Since 2013, authorities have carried out multiple
inspections of human rights organizations under suspicion of being an “NGO – foreign
agent.” Such criteria have included the existence of foreign funding from any charitable
foundation, including the UN, and “engagement in policy.”
89.
The case of the Anti-Discrimination Centre Memorial (ADC Memorial) was
included in the 2013 report of the Secretary-General when the Committee against Torture
raised concerns at reported reprisals faced for providing information to the Committee in
December 2012 (A/HRC/24/29, para. 31). The Government responded to the allegations,
stating that activities of Russian law enforcement authorities regarding ADC Memorial, or
any other non-profit organization, were carried out in accordance with the law and have
nothing to do with reprisals (HRC/NONE/2013/102).152 In August 2018, the Committee
against Torture recalled the administrative case against ADC Memorial, regretting that the
prosecutor’s office had reportedly referred to alternative reports sent to the Committee as a
political activity justifying their registration as “foreign agents.” The Committee reiterated
its recommendation that rights defenders, journalists and lawyers should not be subjected to
reprisals for their communication with or provision of information to the United Nations
treaty bodies, including the Committee (CAT/C/RUS/CO/6/ paras. 28 and 29 (c)).
90.
On 24 July 2019, the Government provided an update to OHCHR. Regarding ADC
Memorial, it noted that in 2013 the St. Petersburg Prosecutor’s Office reviewed the
organization’s compliance with laws governing non-commercial organizations. It was
found to have engaged in political activity while in receipt of foreign funding and to have
failed to register with the justice authorities as a non-commercial organization performing
the functions of a foreign agent. The Government stated that ADC Memorial did not agree
with the measures taken in response and ceased operations on 11 April 2014.
91.
As regards the recurrent criticism of Russian laws on foreign agents, the
Government referred to the position taken in its national report to the May 2018 UPR and
stated that the legislative requirements’ purpose was to ensure greater transparency. It noted
that the obligation of a non-commercial organization performing the functions of a foreign
agent to submit an application for inclusion in the relevant register did not: prevent it from
receiving financial support from foreign and international organizations, foreign citizens or
stateless persons; preclude it from participating in political activities in the Russian
Federation; or discriminate against it by comparison to non-commercial organizations that
do not receive foreign funding. It was also emphasized that Russian laws regulating the
activities of non-commercial organizations performing the functions of foreign agents have
recently undergone a significant revision in terms of what constitutes “political activity,”
with more legal precision and several exclusions.
24.
Saudi Arabia
92.
The case of Mr. Mohammad Fahad Al Qahtani, lawyer and co-founder of the Saudi
Association for Civil and Political Rights (ACRPA) was included in the 2012 and 2013
reports of the Secretary-General (A/HRC/21/18, paras. 35–37; A/HRC/24/29, para. 42)
concerning his sentencing to 10 years of imprisonment and a 10-year travel ban for inter
alia having provided false information to outside sources, including the human rights
mechanisms of the United Nations. On 17 December 2018, Mr. Al Qahtani reportedly
started a hunger strike and was subsequently punished with solitary confinement for two
days. On 20 March 2019, he was moved from the wing of political prisoners inside Al Hai’r
Prison to the wing hosting regular criminals despite his complaints.
93.
The case of Mr. Essa Al Nukheifi, a human rights defender, was included in the
2018 report of the Secretary-General (A/HRC/39/41, para. 65 and Annex I, paras. 95–96,
98) regarding charges, imprisonment, and bans on travel and the use of social media for
cooperation with the visit of the Special Rapporteur on extreme poverty and human rights
152
GE.19-15332
https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/TBSearch.aspx?Lang=en&TreatyID
=1&DocTypeID=130.
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