A/HRC/43/51/Add.3
554. The Special Rapporteur thanks the Government of Malta for its detailed response
dated 29 July 2019.
555. The Special Rapporteur reiterates serious concern at the comments made on UN
Premises by Maltese high level officials against human rights defender Sarah Clarke, and
maintains that these are a form of intimidation for Ms. Clarke’s statement at the margins of
the UN High Level event. Furthermore, he is concerned at allegations indicating that this case
forms part of a broader set of cases concerning acts of intimidation and retaliation in relation
to civil society organisations and human rights defenders advocating for justice following the
assassination of Ms. Caruana Galizia. The Special Rapporteur welcomes the investigation
carried out by the Maltese Commissioner for Standards in Public Life and is grateful for the
display of transparency by the Government in sharing the apology sent to Ms. Clarke by the
Maltese official in question.
The Kingdom of the Netherlands
556.
JAL 04/09/2019
Case no: NLD 3/2019
State reply: 31/10/2019
Allegation of forced expatriation of two activists from Cuba, reportedly
facilitated by Aruba Airlines, a company registered in Aruba, as well as the threat of a
formal accusation made by Aruba Airlines against Mr. Javier Larrondo Calafat, a
human rights defender and representative of the victims of the alleged human rights
violations.
557. The Special Rapporteur thanks the Government of the Kingdom of the Netherlands
for sharing the responses of the Government of Aruba to his allegation letter.
558. The rapporteur remains concerned about the alleged involvement of Aruba Airlines,
a company registered in Aruba, in the forced expatriation of two individuals, as well as the
possible threat of formal accusation of defamation against Mr. Larrondo Calafat, which
appears to be directly linked to his work on the abovementioned cases. His concerns are
aggravated by the fact that these measures may have a chilling effect on the activities of
human rights defenders who denounce human rights violations committed by public
authorities or private companies. The Special Rapporteur welcomes the measures taken by
the Governments of the Netherlands and Aruba to clarify the allegations with Aruba Airlines
as well as the decision to require the company to train cabin crew to identify and respond to
suspected trafficking in persons. The Rapporteur however remains concerned by Aruba
Airlines’ alleged involvement in the expatriation of Cuban nationals an urges the Government
to conduct further investigation.
559. The Special Rapporteur is encouraged by the Government’s commitment to promote
the adherence to the UN Guiding Principles on Business and Human Rights. He looks
forward to observing concrete steps taken by the Government to raising awareness about the
UN Guiding Principles among Aruban business enterprises.
Poland
560.
JAL 05/03/2019
Case no: POL 1/2019
State reply: 17/04/2019
A civil lawsuit filed against Adam Bodnar, the Commissioner for Human Rights
of Poland. Adam Bodnar has been the ombudsperson of Poland since 9 September 2015,
and has consistently spoken out against the spread of hate speech, and on the obligation
of the government to create an environment where hate speech is not tolerated.
561.
PR 13/12/2018
UN experts condemn measures to stop human rights defenders join climate talks
562. The Special Rapporteur expresses concern regarding the civil action brought against
Mr. Adam Bodnar in relation to statements made in his professional capacity. It is clearly
within the mandate of ombudspersons, and national human rights institutions (NHRIs) in
general, to reflect on the actions of public media, especially in a broader context of concerns,
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