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, 77

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