A/HRC/48/28
the application of terrorism legislation” and “urge[d] Egypt to end the use of terrorism
charges to hold human rights defenders and civil society activists in extended pre-trial
detention and the practice of adding detainees to new cases with similar charges after the
legal limit for pre-trial detention has expired.”26
9.
Ethiopia
35.
The Government has taken steps toward reforms aimed at enabling civil society
engagement with the UN, including legislative developments noted in a previous report of
the Secretary-General (A/HRC/42/30, para.18). However, it has been reported to OHCHR
that the capacity and/or willingness of civil society to engage on human rights issues with the
UN continues to be limited due to a fear of reprisals, as a result of continued restrictions on
civil society operations and targeting of their representatives. This has reportedly affected
their ability to document, report and advocate on violations, including in cooperation with
the UN.
36.
It is reported that this is particularly the case for those working in conflict-affected
areas, such as the Tigray region, where access to the population has been restricted, 27 and
challenges in reporting were exacerbated by restrictions on telecommunications and internet
access during the reporting period.28 On 4 March 2021, the High Commissioner for Human
Rights urged that access be given to OHCHR to the Tigray region. She stressed the urgent
need “for an objective, independent assessment of the facts on the ground in the Tigray
region,” and emphasized that “victims and witnesses of human rights violations and abuses
must not be hindered from sharing their testimony for fear of reprisals.”29
37.
On 11 August 2021, the Government responded to the note verbale sent in connection
to the present report, refuting the allegations therein as a “scenario that is in dissonance with
the facts and legal and institutional framework of Ethiopia.” The Government highlighted
Proclamation No. 1113/2019, which removed most restrictions under the previous law. It
noted that more than 1300 CSOs are newly registered, bringing the total number of CSOs in
Ethiopia to 3100. The Government underlined that the CSO Board, the highest body of the
Civil Society Organizations Agency, has not received any complaints on the inability of
CSOs to function as a result of fear. In reference to the access to internet and
telecommunication in Tigray Region, the Government stated that the assertions are
inaccurate, and that law enforcement has been acting in the interest of public service. It stated
that in Tigray since November 2020, 60 CSOs and more than a thousand of their staff are
operating.
10.
India
38.
Multiple UN actors addressed alleged intimidation and reprisals during the reporting
period, including in relation to unresolved previous cases (see Annex II), and noted how
restrictive legislation and intimidation and reprisals of those cooperating with the UN may
deter other civil society representatives from coming forward.
39.
Concerns relating to the use of the Foreign Contribution (Regulation) Act of 2010
(FCRA) to hinder UN cooperation have been included in successive reports of the SecretaryGeneral (see Annex II).30 On 20 October 2020, the High Commissioner for Human Rights
expressed concern about the use of vaguely worded laws that constrain NGOs’ activities and
26
27
28
29
30
28
Item 4, General Debate, 32nd Meeting, 46th Session of the Human Rights Council, at
https://media.un.org/en/asset/k14/k141uwvm66 (time stamp 00:36:20).
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26483&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26534&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26583&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26623&LangID=E.
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25751&LangID=E.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26838&LangID=E.
A/HRC/45/36, Annex II, paras. 72, 76; A/HRC/42/30, Annex II, paras. 56-58; Annex I, paras. 61, 67.