A/HRC/40/52
criminal prosecution. 79 These measures are often taken administratively. Any ex post
judicial recourse can be very difficult. Profound limitations on access to foreign funding
have severely restricted the existence of NGOs, which are often wholly dependent on such
funding, particularly affecting human rights and women’s organizations. 80 Some laws
require NGOs that receive foreign funding to be labelled as “foreign agents”. Such
legislation stigmatizes and marginalizes NGOs and delegitimizes their work. 81 Security
considerations have been consistently used to justify such measures with no objective
verification of the claims made in those justifications.
D.
Measures that limit various forms of support for terrorism
43.
A web of international and national, public and private regulations and requirements
is emerging, placing immense pressure on civil society actors, particularly, but not limited
to, those operating in areas where terrorist groups are active.82 Qualifying a wide range of
acts as impermissible “support for terrorism”, counter-terrorism measures are found in laws
that apply extraterritorially as well as in various donor agreements nefariously restricting
access to populations in areas controlled by non-State armed groups and support to groups
and individuals designated as terrorists. This results in harassment, arrest and prosecution
of humanitarian, human rights and other civil society actors.
44.
This typically affects life-saving humanitarian activities, including food and medical
assistance. 83 The Secretary-General has noted that States must not impede efforts by
humanitarian organizations to engage armed groups in order to seek improved protection
for civilians – even those groups that are proscribed in some national legislation. 84 Material
support provisions may also affect the work of civil society involved in supporting, inter
alia, fact-finding and evidence gathering for the purpose of prosecution, promoting the right
to development or providing assistance to migrants.
E.
Indiscriminate legislation choking civil society
45.
Emboldened by pervasive security rhetoric, the past few years have seen the
emergence of ever more unhinged laws that directly or indirectly choke and suppress civil
society. Not necessarily addressing a direct threat of terrorism, such legislation typically
addresses the need to protect national security, including through the use of emergency
powers.
46.
Many States have adopted laws that that loosely invoke national security, national
interest or public order as all-encompassing categories that often include any act
criminalized solely through the subjective lens of the impact that it may have, including
those “affecting national security, political and social stability” and “dangerous to the
political, economic or social system”. Many activities of civil society organizations, human
rights defenders, journalists, bloggers and political opponents will fall under such laws,
whose main objective is to criminalize legitimate expressions of opinion and thought.
47.
In some States, the use of emergency powers has been accompanied by a severe
crackdown on civil society. In Turkey, following the declaration of a state of emergency, it
was reported that, in 2017 alone, 300 journalists had been arrested and detained on alleged
grounds that their publications had contained apologist sentiments about terrorism and other
79
A/HRC/38/34, paras. 28–29. See also Ben Hayes, Counter-Terrorism, ‘Policy Laundering’ and
80
the FATF: Legalising Surveillance, Regulating Civil Society (Transnational Institute/Statewatch,
2012).
A/HRC/23/39, paras. 8–18. See also the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms, art. 13.
81
82
83
84
A/HRC/23/39, para. 20. See also RUS 2-2018 and RUS 15-2018.
A/70/371, paras. 31–44.
Debarre, “Safeguarding medical care”.
S/2009/277, para. 45.
13
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