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