A/HRC/43/51/Add.3 131. JOL 15/07/2019 Case no: BRA 11/2019 State reply: 26/07/2019 Allegations concerning ratification of the Regional Agreement on Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) as a matter of priority. 132. PR: 14/03/2019 Brazil must ensure justice for rights defender Marielle Franco killed a year ago, say UN and IACHR experts 133. The Special Rapporteur thanks Government of Brazil for the replies received to the five communication sent during the current reporting period and appreciates this as yet another year of development towards full-fledged cooperation with the mandate. 134. The Special Rapporteur thanks the Brazilian authorities for the response received to the letter raising concerns for the lack of entry into force of the Escazú Agreement. The Special Rapporteur welcomes the signing of the treaty and urges Bazil to ratify the Agreement as early as possible. The Special Rapporteur is thankful for the information regarding steps taken towards its ratification and hopes to receive a timeline on how and when the Government plans to ratify the Agreement. At the time of finalization of this report twenty-two out of thirty-three countries in Latin America and the Caribbean have signed the Escazú Agreement and five have ratified it. The treaty will enter into force with 11 ratifications. 135. On 18 January 2019, the State Government of São Paolo issued Decree n. 64.074/2019, allegedly in response to protests, which had occurred the weeks beforehand. The Decree set out a number of restrictive requirements for the organisation and regulation of assemblies involving 300 or more persons. These requirements included the prior notification of the military and civil police, and prohibited masks and facial coverings stating that their use would be criminalised under the offence of disobedience. Moreover, Presidential Decree n. 9759/2019 sought to dissolve federal councils and commissions, arenas that are essential for civil society and human rights defenders to have open dialogue with the authorities. The Special Rapporteur acknowledges the response of the Government, however he expresses his concern that the Decree tends towards a prima facie presumption of criminality against those wearing facial coverings. The Special Rapporteur welcomes the decision by the Government to examine the possibility to re-establish some human rights agencies and maintain all collegiate bodies under the Ministry for Women, Family and Human Rights, he remains deeply concerned that these legislative initiatives show a tendency towards the restriction of human rights defenders ability to peacefully and legally carry out their work. 136. The Special Rapporteur remains seriously concerned about the continued pattern of threats, intimidation and violence that human rights defenders face in the country. The Special Rapporteur is encouraged by the response from the Brazilian authorities to its Joint Allegation Letter BRA 15/2018, which reports on the advancement of the investigation into the killing of woman human rights defender Ms. Marielle Franco, as well as the amendments in 2018 to the Program for the Protection of Human Rights Defenders (PPDDH). Such amendments broaden the scope and classifications of human rights defenders in the country. However, he notes with concern that human rights defender and indigenous leader Cacique Babau continues to face threats and intimidations despite his admission to the protection programme of PPDDH. The Special Rapporteur notes that no substantive explanation was provided by the Brazilian authorities to its Joint Urgent Appeal BRA 6/2019 as to the reasons why there were no security personnel present with the human rights defender at the time of the assassination attempt. The Special Rapporteur further notes with concern that attempts made on the lives of Ms. Franco and Mr. Babau reflect a climate of discrimination and intolerance in Brazil and is afraid of the chilling effect such acts could have on all those promoting human rights and the rule of law in Brazil. Chile 137. JOL 15/07/2019 Case no: CHL 3/2019 State reply: none to date 23