A/HRC/32/36/Add.3
permit, if they produce, participate in, or disseminate or exhibit their art. He reiterates that
“an important component of the right to freedom of association is that no one may be
compelled to belong to an association… This aspect is particularly relevant for unions or
political parties since a direct interference in their membership may jeopardize their
independence” (A/HRC/20/27, para. 55).
Draft Anti-terrorism Law
432. A number of draft amendments to the Egyptian anti-terrorism law were introduced
that undermine several fundamental rights, including the right to freedom of peaceful
assembly and association (EGY 11/2015). The Special Rapporteur acknowledges the
lengthy reply from the Government. However, he expresses serious concern about the
broad definition of “terrorism” and “terrorist acts” solely based on the goals of the
organisation, which may result in the criminalization of organisations without factual
evidence established by an independent judicial body.
433. The Special Rapporteur calls upon the Government of Egypt to “strictly and
narrowly define the offence of terrorism in line with international law” and to “ensure that
any restrictions on the rights to freedom of peaceful assembly and of association are
prescribed by law, necessary in a democratic society, and proportionate to the aim pursued,
and do not harm the principles of pluralism, tolerance and broadmindedness. Any
restrictions should be subject to an independent, impartial, and prompt judicial review”
(A/HRC/20/27, para. 84).
Israel
434. JUA 08/12/2015. Case no. ISR 9/2015. State reply: None. Alleged arbitrary
detention and acts of intimidation, including death threats, against members of a human
rights organization.
Observations
Response to communication
435. The Special Rapporteur regrets that he has not yet received a response to his
communication sent on 8 December 2015 (ISR 9/2015) and reminds the Government of
Israel that he considers responses to his communications as an important part of the
cooperation of Governments with his mandate.
436. He calls upon States to cooperate fully with and assist him in the performance of his
mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012)
and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur
concludes that there is substance in the allegations presented in his communications.
437. In connection with the members of the human rights organization, Youth Against
settlements, the Special Rapporteur reiterates his serious concern about their arbitrary
detention and acts of intimidation, including death threats, against its members (ISR
9/2015). He reminds the Government of Israel of its negative obligation not to obstruct the
exercise of the right to freedom of association and its positive obligation to ensure that civil
society, including human rights defenders, can carry out their legitimate work free from
undue restrictions.
438. He calls on the Government of Israel to cooperate with his mandate and all of the
other Special Procedures mandates in accordance with its international obligations.
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