A/HRC/44/50/Add.4
to the previous reporting period (44 per cent). The Special Rapporteur reiterates the
importance of providing replies to the communications sent in order to engage efficiently and
to better safeguard human rights in the region.
Freedom of peaceful assembly
40.
This report provides observations to communications sent by the Special Rapporteur
concerning concerning the right to freedom of peaceful assembly to Chile, Colombia and
Honduras, during the reporting period. He thanks the Government of Chile, Colombia and
Honduras for their responses dated 27 January 2020, 13 March 2020 and 12 February 2020
respectively and hopes to soon receive responses to the other communications.
41.
On 16 January 2020, the Chamber of Deputies of Chile adopted the bill, known as
"Anti-Pillage" (CHL1/2020) (which modifies the provisions of the Criminal Code and adds
a single article to criminalize the alteration of public order through the execution of acts of
violence, and increases the applicable penalties. In the Special Rapporteur’s view, the
objective of the reform is the criminalization of intentional acts of violence or intimidation
that could occur in the context of demonstrations. While acts of theft, looting or damage are
illegal and punishable conduct, in this instance the legislator seems to be failing to distinguish
between interrupting freedom of movement through violence, and simply interrupting
freedom of movement during demonstrations. Whether or not it is authorized, installing
obstacles or interposing vehicles on the public road in the context of demonstrations is a
common phenomenon that should not be criminalized. The Special Rapporteur regrets the
passing of this law within the context of the demonstrations that took place in October last
year where he expressed concern about the excessive use of force against demonstrators (UA
CHL 4/2019). The Special Rapporteur acknowledges the response of the Government of
Chile to the communication sent. The Special Rapporteur takes note that the recently adopted
regulation (article 268 of the Criminal Code) guarantees the right to peaceful assembly,
enabling space for people to express their opinions in the public domain, disrupting and even
interrupting traffic, provided that they do it peacefully and without the use of barriers,
obstacles, barricades or other obstructions. However, he regrets that the State considers that
there is no infringement on the rights to freedoms of peaceful assembly and of association.
The Special Rapporetur thanks the Government for its response and the detailed information
on the guarantees within the national legal framework on the right to peaceful assembly.
However, he regrets that no information was provided on specific cases of the allegations
raised.
42.
In November and December 2019 numerous protests and assemblies were held
throughout the whole territory of Colombia. The Special Rapporteur transmitted his concern
about information received about allegations from numerous violations of human rights, in
particular of the rights to life, personal integrity, freedom of expression, peaceful assembly
and association, on instances of excessive use of force against demonstrators and cases of
alleged arbitrary arrests and violence in detention. The Special Rapporteur is grateful for the
information received from the Government, which allows to better understand the legal
framework that exists in the country to guarantee the exercise of freedom of peaceful
assembly. The Special Rapporteur reiterates his concern about the apparent excessive use of
force against demonstrators that resulted in numerous injuries, and at least one death; alleged
mass arrests, and events that could constitute torture, cruel, inhuman and degrading treatment
or punishment in detention centres. The Special Rapporteur recalls the Government to allow
the protests to take place in a peaceful manner, isolating those who resort to violence while
ensuring that all persons in the country can enjoy their rights.
43.
On 15 October 2019, a motion was submitted to the Honduran National Congress on
the possible increase in the number of military police, the extension of extradition cases to
include crimes against life, trafficking and smuggling of persons and the possible
criminalization of human rights defenders who provide humanitarian aid to migrants (HND
6/2019). The Special Rapporteur expressed concern about the broad framework of
implementation that these points could have, if translated into legislative instruments, and
consequently about their impact on the enjoyment of human rights and on the work of human
rights defenders. He is preoccupied that such motion contributes to creating an intimidating
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents