A/HRC/25/55 68. The Special Rapporteur has observed a disturbing trend towards the criminalization of activities carried out by unregistered groups. She believes that denial of registration is an extreme measure curtailing the right to freedom of association; especially where activities carried out by unregistered organizations carry criminal sanctions. 69. The Special Rapporteur has also warned about restrictions on funding from abroad, which have been introduced in a number of States. This leads to associations risking treason charges, having to declare themselves “foreign agents” or having to seek prior approval to fundraise. The Special Rapporteur is concerned that justifications for this, including the prevention of money-laundering and terrorist-financing, are often merely rhetorical and that the aim is restricting the activities of defenders. 70. The Special Rapporteur continues to note with concern the prevalence of defamation legislation, access to information laws and legislation on classification of information and official secrets, which hinder the work of defenders. She warmly welcomes the initiatives by a number of States to pass legislation that guarantees the right of access to information held by public authorities, and protects those who disclose public interest information that is relevant for the promotion and protection of human rights and those who report on corruption by public officials. 71. In this context, the Special Rapporteur welcomes the landmark resolution 22/6 adopted by the Council which provides significant guidance on creating a safe and enabling environment for human rights defenders. In the resolution, States are urged to ensure that reporting requirements placed upon organizations do not obstruct their autonomy and that restrictions are not discriminatorily imposed on potential sources of funding other than those laid down to ensure transparency and accountability, and according to the Special Rapporteur, this should be done regardless of the geographic origin of funding. Furthermore, States are called upon to combat terrorism and preserve national security by adopting measures that are in compliance with international law and do not hinder the work and safety of defenders. It further urges States to ensure that all legal provisions and their application are clearly defined, determinable and non-retroactive so that the defence and promotion of human rights is not criminalized. 72. In addition to, and as a complement to, ensuring a conducive normative and administrative framework, States should disseminate the Declaration widely. In line with article 13 of the Declaration, human rights educational programmes, especially those addressed to law enforcement and public officials, should include modules based on the text that reaffirm the basic right to defend human rights and the role that human rights defenders play in society. Enabling human rights defenders’ work also involves periodically recognizing and informing populations about the rights and responsibilities of all individuals to promote and protect human rights. B. Fight against impunity and access to justice for violations against defenders 73. During her mandate, one of the major and systematic concerns raised by the Special Rapporteur in relation to violations against defenders is the question of impunity. In many cases, complaints by defenders about alleged violations of their rights are not investigated or are dismissed without justification. A State’s lack of investigation into violations could be seen as condoning attacks against defenders and could nurture an environment where further attacks are perceived as tolerated. The Special Rapporteur has repeatedly reiterated that ending impunity is an essential condition for ensuring the protection and safety of defenders. 12

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