A/HRC/32/36/Add.3
burdensome administrative requirements imposed to those organizations in receipt of
foreign funds.
300. In this regard, the Special Rapporteur believes that the Foreign Contribution
Regulation Act 2010 and Foreign Contribution Regulation Rules 2011 fail to comply with
international human rights norms and standards as they impose “a total ban on associations’
access to foreign funding on vaguely defined grounds for a broad purpose not included in
the International Covenant on Civil and Political Rights’ enumerated list of legitimate
aims”.4
Country visit
301. The Special Rapporteur reminds the Government of India of his pending requests to
visit the country, as indicated by letters on 26 September 2014. He trusts that such a visit
would allow him to examine first-hand issues relating to his mandate, identify good
practices and formulate pertinent recommendations to relevant stakeholders. He looks
forward to receiving a positive reply at the earliest possible opportunity. He reiterates that
Human Rights Council resolution 15/21, which established his mandate, and 24/5, which
renewed it for an additional period of three years, both call upon States to consider
favourably his requests for visits.
Indonesia
302. JAL 08/09/2015. Case no. IDN 7/2015. State reply: None. Alleged threats and
intimidation of a human rights defender in West Papua province.
303. JAL 09/10/2015. Case no. IDN 8/2015. State reply: None. Alleged excessive use of
force by Indonesian security forces in Papua Province which resulted in the death of nine
individuals and injured several persons.
Observations
Responses to communications
304. The Special Rapporteur regrets that he has not yet received a response to his
communications sent during the reporting period, and reminds the Government of
Indonesia that he considers responses to his communications as an important part of the
cooperation of governments with his mandate. He looks forward to receiving detailed
responses to the questions raised in them, at the earliest possible convenience, in
conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21
(2010).
305. The Special Rapporteur reiterates his concern at at the threats made against Mr.
Hesegem, which appear to be a clear attempt to dissuade him from documenting human
rights abuses committed by local and regional police in the West Papuan highlands.
Similarly, He remains concerned at the apparent role of local and regional police in the ongoing intimidation and harassment of Mr. Hesegem, which appears to be related to the
legitimate exercise of his right to freedom of expression. He reminds the Government of
Indonesia of its positive obligation to ensure that civil society, including human rights
defenders, can carry out their legitimate work free in a safe and enabling environment
without fear of threats or acts of intimidation, harassment or threats of any sort.
4
See the information note released on 20 April 2016 on the Foreign Contribution Regulation Act and
Rules: http://www.ohchr.org/Documents/Issues/FAssociation/InfoNoteIndia.pdf
47
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