A/HRC/41/41/Add.1
64.
The Special Rapporteur raised his concerns with the Government of Cambodia
(KHM 5/2018) over alleged violations of the right to freedom of peaceful assembly and
association online, occasioned by the issuance of the Code of Conduct for media in the
Election Process by the National Election Committee on 12 March 2018. The Code of
Conduct listed a number of prohibitions for the media, including the expression of personal
opinion regarding the reporting of ongoing events and the broadcasting of news leading to
confusion and confidence loss in the election or affecting national security or political
stability. On 28 May 2018, the Ministry of Interior, the Ministry of Posts and
Telecommunication and the Ministry of Information adopted an Inter-ministerial
Proclamation (Prakas) on “Publication Controls of Website and Social Media Processing
via Internet in the Kingdom of Cambodia”, which gave wide discretion to block online
content on a number of vague and overbroad premises, such as the creation of “turmoil by
will” and “breaking solidarity”. The Prakas would be enforceable against website
publications and any kind of online social media networks in Cambodia. Due to the Prakas,
Internet Service Providers in Cambodia were required to equip surveillance tools to filter
and block social media accounts which were posting in contravention of regulations and to
cooperate with Ministry of Information or relevant ministries in this regard. These
regulations allegedly had a highly detrimental impact on the ability to assemble and
associate online, as sites and online communities could be closed through the application of
the broad language contained in the regulations. The lack of legal certainty may also have
led to a climate of self-censorship.
65.
Concerns were also raised by the Special Rapporteur with the Government of
Bangladesh with regards to shrinking civic space in the country in the context of the “war
on drugs”, during which over 13,000 individuals were allegedly arrested and a number of
persons were killed and forcibly disappeared (BGD 5/2018). On 1 June 2018, the Daily Star
media outlet was blocked for 20 hours, allegedly as a result of publishing an article related
to an extrajudicial killing, and, on 3 June 2018, a public rally and march organised in
protest against such killings was dispersed due to the organisers’ alleged failure to seek
permission from authorities to hold it. The Special Rapporteur notes that, while national
security and public health are legitimate reasons to limit the right to freedom of peaceful
assembly, the sole fact that permission was not sought in order to hold a protest does not
give grounds for its dispersal. Indeed, assemblies should not be subject to an authorisation
procedure from authorities, rather they should be subject at most to a notification procedure
which is as straightforward possible.
Freedom of association
66.
The Special Rapporteur sent communications concerning the right to freedom of
association to the Philippines, India and Indonesia, among others during the reporting
period. The Special Rapporteur thanks the Government of the Philippines for its responses
dated 10 and 13 December 2018, however he regrets that these responses were limited to
acknowledgements of receipt. He looks forward to receiving detailed responses to the
communications sent soon. The Special Rapporteur also thanks the Government of
Indonesia for its reply received on 29 March 2019 and hopes to similarly receive a reply at
the Government’s earliest convenience to the communication sent on 6 February 2019
(IDN 1/2019). The Special Rapporteur regrets that no reply was received to the
communication sent to the Government of India (IND 28/2018) and urges the
Government’s increased cooperation with his mandate and the Special Procedures of the
Human Rights Council in general.
67.
In two communications sent to the Government of the Philippines (PHL 10/2018 &
PHL 11/2018), the Special Rapporteur raised his most serious concerns regarding the
alleged extrajudicial killing of members of farmers’, indigenous and land rights
organisations. These alleged killings seemingly form part of a coordinated and systematic
attack against these organisations and their work, through the mislabelling and false
conflation of them as elements of the communist party of the Philippines or the New
People’s Army. The attacks on the members of these human rights organisations also
reportedly include death threats, arbitrary arrests and smear campaigns. Moreover, these
attacks and acts of harassment take place in a climate of impunity in the Philippines, with
perpetrators rarely being brought to justice. In one of the two communications (PHL
13
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