A/HRC/43/51/Add.3
Possible restrictions to the right to peaceful assembly, freedom of association and
to the freedom of expression of the LGBT community following threats and acts of
intimidation against organisers and participants to the Tbilisi Pride.
522. The Special Rapporteur welcomes the concrete measures taken by the Government to
address and prevent hate crime in the country, outlined in the reply received 23 July 2019.
He also acknowledges the significant efforts made to protect the security of the participants
to the 14 June demonstration. However, he notes with concern the persistence of an unsafe
and discriminatory climate towards LGBTI persons and those defending their rights, and
encourages the Government to strengthen its efforts to address it.
523. The Special Rapporteur is concerned that acts of intimidation and threats against
organisers and participants at the Tbilisi Pride appear to be aimed at preventing the exercise
of the rights to peaceful assembly and association, and to the freedom of expression of the
LGBT community. He notes with concern that, since 2013, public celebrations by the LGBT
community have been severely restricted or annulled, creating an environment unconducive
to the defence of LGBT rights.
Germany
524.
JAL 18/10/2019
Case no: DEU 3/2019
State reply: 14/01/2020
Allegations concerning the motion CDU/CSU, SPD, FDP and Bündnis90/Die
Grünen “Resisting the BDS Movement with Determination – Combating AntiSemitism” adopted by the German Bundestag on 17 May 2019, which includes undue
restrictions to the rights to freedom of opinion and expression, peaceful assembly and
of association.
525. The Special Rapporteur thanks the German Federal Government for the response
received to its communication sent 18 October 2019.
526. The Special Rapporteur continues to express concern about the motion passed by the
German Parliament that unduly limits the rights of freedom of opinion and expression,
peaceful assembly and of association in the country. The motion calls for governmental
bodies, as well as German states, cities and municipalities and other public actors, to refuse
financial support, premises or facilities to projects or events organised by the BDS movement
or by groups pursuing its aims. The Special Rapporteur reiterates his deep concern that such
a motion unduly interferes with the right of people in Germany, to engage in political speech,
namely to express support to the BDS movement. By labelling their work as anti-Semitic and
shrinking the civic space made available to them, the motion has the potential to hinder the
peaceful activities of human rights defenders, groups and organisations denouncing human
rights violations as part of the BDS movement.
527. The Special Rapporteur acknowledges the Government’s understanding of the special
duties and responsibilities that must accompany the right to freedom of expression, however
he reminds the Government that restrictions placed on freedom of expression must be
“necessary” in order to protect national security, public order or public health or morals. The
Special Rapporteur recognises the separation of powers in Germany, which does not bind the
Federal Government to decisions made by the Bundestag, and hopes that the motion
“Resisting the BDS Movement with Determination – Combating Anti-Semitism” will not
have a negative impact on the exercising of free speech by precluding from civil society an
organisation that defines itself as anti-racist.
528. The Special Rapporteur notes the German Federal Government’s opposition to any
calls for a boycott of Israel and welcomes its distinction between Israel’s official borders and
the occupied Palestinian Territories and its agreement that it is not anti-Semitic to criticise
the Israeli Government. The Special Rapporteur reiterates that the Government of Germany
should create a safe and enabling environment for human rights defenders to effectively carry
out their work, which includes the denouncing of human rights violations taking place in
other parts of the world, such as those committed by the State of Israel in Occupied
Palestinian Territories. Recent court rulings in favour of groups excluded from cultural events
73
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents