A/HRC/43/51/Add.3 Possible restrictions to the right to peaceful assembly, freedom of association and to the freedom of expression of the LGBT community following threats and acts of intimidation against organisers and participants to the Tbilisi Pride. 522. The Special Rapporteur welcomes the concrete measures taken by the Government to address and prevent hate crime in the country, outlined in the reply received 23 July 2019. He also acknowledges the significant efforts made to protect the security of the participants to the 14 June demonstration. However, he notes with concern the persistence of an unsafe and discriminatory climate towards LGBTI persons and those defending their rights, and encourages the Government to strengthen its efforts to address it. 523. The Special Rapporteur is concerned that acts of intimidation and threats against organisers and participants at the Tbilisi Pride appear to be aimed at preventing the exercise of the rights to peaceful assembly and association, and to the freedom of expression of the LGBT community. He notes with concern that, since 2013, public celebrations by the LGBT community have been severely restricted or annulled, creating an environment unconducive to the defence of LGBT rights. Germany 524. JAL 18/10/2019 Case no: DEU 3/2019 State reply: 14/01/2020 Allegations concerning the motion CDU/CSU, SPD, FDP and Bündnis90/Die Grünen “Resisting the BDS Movement with Determination – Combating AntiSemitism” adopted by the German Bundestag on 17 May 2019, which includes undue restrictions to the rights to freedom of opinion and expression, peaceful assembly and of association. 525. The Special Rapporteur thanks the German Federal Government for the response received to its communication sent 18 October 2019. 526. The Special Rapporteur continues to express concern about the motion passed by the German Parliament that unduly limits the rights of freedom of opinion and expression, peaceful assembly and of association in the country. The motion calls for governmental bodies, as well as German states, cities and municipalities and other public actors, to refuse financial support, premises or facilities to projects or events organised by the BDS movement or by groups pursuing its aims. The Special Rapporteur reiterates his deep concern that such a motion unduly interferes with the right of people in Germany, to engage in political speech, namely to express support to the BDS movement. By labelling their work as anti-Semitic and shrinking the civic space made available to them, the motion has the potential to hinder the peaceful activities of human rights defenders, groups and organisations denouncing human rights violations as part of the BDS movement. 527. The Special Rapporteur acknowledges the Government’s understanding of the special duties and responsibilities that must accompany the right to freedom of expression, however he reminds the Government that restrictions placed on freedom of expression must be “necessary” in order to protect national security, public order or public health or morals. The Special Rapporteur recognises the separation of powers in Germany, which does not bind the Federal Government to decisions made by the Bundestag, and hopes that the motion “Resisting the BDS Movement with Determination – Combating Anti-Semitism” will not have a negative impact on the exercising of free speech by precluding from civil society an organisation that defines itself as anti-racist. 528. The Special Rapporteur notes the German Federal Government’s opposition to any calls for a boycott of Israel and welcomes its distinction between Israel’s official borders and the occupied Palestinian Territories and its agreement that it is not anti-Semitic to criticise the Israeli Government. The Special Rapporteur reiterates that the Government of Germany should create a safe and enabling environment for human rights defenders to effectively carry out their work, which includes the denouncing of human rights violations taking place in other parts of the world, such as those committed by the State of Israel in Occupied Palestinian Territories. Recent court rulings in favour of groups excluded from cultural events 73