II.
Freedom of Association of Human Rights Defenders
A number of different challenges and obstacles have been hampering the freedom
of association of human rights defenders. These include criminal sanctions for
“unregistered activities”, deregistration, abuse of criminal charges, official warnings,
excessively high fees and burdensome procedures for (and maintenance of ) registration,
visits, audits and investigations, harassment and visits by unknown individuals, misuse
of fiscal provisions, and defamation campaigns.55 The following examples set out key
circumstances and challenges that have been affecting defenders.
1.
Criminal sanctions for “unregistered activities”. In some participating States,
legislation outlaws associating without registration. Criminal penalties are
imposed on those who work in unregistered or deregistered organizations.56
In some cases, human rights defenders were imprisoned for activities
considered illegal merely due to lack of such registration. For example,
one group was sentenced to prison terms of six months to two years for
organizing independent election monitoring.57
2.
Deregistration. A number of NGOs were also deregistered during the course
of the period under consideration for this report. In some cases, this followed
amendments to legislation expanding the state’s discretion to interfere in
and hamper the activities of NGOs. One NGO was deregistered, inter
alia, for not denouncing a statement by one of its founders that had been
considered “extremist” by the authorities, by making such a denouncement
55 For an overview of difficulties and challenges related to the freedom of association facing human
rights defenders worldwide, as well as an overview of recommendations and best practices, see the Report
of the UN SRSG on Human Rights Defenders, Hina Jilani, A/59/401, 1 October 2004, pp. 12-23.
56
For example, Article 193.1 of the Criminal Code of Belarus.
57 Case of Mikalay Astreyka, Tsimafey Dranchuk, Enira Branizkaya and Alyaksandr Shalayka
(Belarus), UN SRSG, op. cit., note 15, paras. 60, 64, 65, and 69.
15
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