A/HRC/32/36/Add.3
Observations
Responses to communications
154. The Special Rapporteur thanks the Government of Brazil for the reply to his
communication sent on 28 October 2015. The Special Rapporteur regrets that the
Government of Brazil has yet not replied to the communication BRA 2/2015 and urges the
authorities to provide a detailed response to the questions raised in this letter, in conformity
with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
155. The Special Rapporteur takes note of the steps undertaken by the authorities to
implement measures against terrorism. According to the Brazilian Government, the recent
legislation is only a continuation of its previous policy and is applied legitimately according
to international standards and has therefore no link with the World Cup in 2014, as well as
the upcoming 2016 Olympic Games.
156. However, the Special Rapporteur remains concerned at the possible misuse of antiterrorism legislation to curb freedoms of peaceful assembly and association in the country.
Although the Special Rapporteur is aware that States have an interest in protecting national
security or public safety, and the fight against terrorism which are legitimate grounds for
restricting freedom of association, he calls on the Government of Brazil to ensure that any
restrictions on the rights to freedom of peaceful assembly and of association are prescribed
by law, which is necessary in a democratic society, and proportionate to the objective
pursued, and do not harm the principles of pluralism, tolerance and broadmindedness.
Therefore, any restrictions should be subject to an independent, impartial, and prompt
judicial review (A/HRC/20/27, paragraph 84 (d) and (e)).
157. On different occasions, the Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism has stressed in a report
to the General Assembly that “States should not need to resort to derogation measures in
the area of freedom of assembly and association. Instead, limitation measures, as provided
for in ICCPR, are sufficient in an effective fight against terrorism” (A/61/267, para. 53).
158. Moreover, he reaffirms that the rights to freedom of peaceful assembly and of
association are necessary elements for the possible emergence and sustainability of
effective democratic systems. In this regard, States should therefore make every effort to
facilitate those rights.
Canada
159. JAL 27/04/2015. Case no. CAN 1/2015. State reply: 28 April 2015. Allegations
concerning the compatibility of Bill C-51, an “Act to enact the Security of Canada
Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the
Canadian Security Intelligence Service Act and the Immigration and Refugee Protection
Act and to make related and consequential amendments to other Acts”, with international
norms and standards on human rights.
160. JAL 29/06/2015. Case no. CAN 2/2015. State reply: 29/06/2015. Allegations of
protracted undue interference in the form of intrusive audits and threat of revocation of
charitable status for registered charities.
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