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political repression, which has included the criminalization of political speech in the
Bolivarian Republic of Venezuela. 50 Human rights defenders, especially those
representing racially subordinated groups, also face the risk of death and assassination
in many countries where populist law and order narratives are used to justify the
criminalization and militarization of socioeconomically marginalized communities.
The Commission has documented the acquiescence and, in some c ases, the outright
support of nationalist populist parties in control of the State regarding violence
against human rights defenders, including those representing Afrodescendants and
indigenous peoples. This has been the case in Honduras. 51
34. Nationalist populism has also seriously threatened civil society organizations,
including human rights organizations providing support to minority groups, migrants
and refugees and other marginalized groups. In May 2018, the Committee on the
Elimination of Racial Discrimination expressed its urgent concern at the decision of
the State Prosecutor of the Philippines to file a court petition that would have
criminalized 600 members of civil society, many of whom were indigenous leaders
and human rights defenders. 52 The Special Rapporteur on the rights of indigenous
peoples, a former member of the Permanent Forum on Indigenous Issues and a former
member of the Expert Mechanism on the Rights of Indigenous Peoples were all
among those listed.
35. The Special Rapporteur on the situation of human rights defenders, in his 2018
report to the Human Rights Council, denounced unprecedented restrictions, including
denunciation in public discourse, intimidation and criminalization of individuals,
groups and communities defending the rights of people on the move. Those who have
conducted search and rescue operations at sea have been arrested, had their boats
seized and been accused of smuggling. 53
36. In Italy, after the anti-establishment Five Star Movement and the Northern
League formed a coalition Government, the new Minister of the Interior restricted the
movement of a civil society organization conducting search and rescue of irregular
migrants’ boats at sea, and threatened them with potential legal action. Rescue boats
have also been prevented from docking at the nearest port of safety, as was the case
with the Aquarius in Italy in June 2018. 54 The Office of the United Nations High
Commissioner for Refugees (UNHCR) has expressed concern about the impact of a
more limited search and rescue capacity if boats are discouraged from responding to
distress calls out of fear of being denied permission to disembark. UNHCR reported
that in June 2018 alone, 1 person had died for every 7 who had crossed the Central
Mediterranean, compared with 1 in 19 in the first half of 2018 and 1 in 38 in the first
half of 2017. 55
37. In June 2018, Hungary criminalized individuals and groups deemed to be
supporting asylum seekers, refugees and undocumented migrants. The law in question
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18-12945
Inter-American Commission on Human Rights, Democratic Institutions, the Rule of Law and
Human Rights in Venezuela (2017).
Inter-American Commission on Human Rights, Situation of Human Rights in Honduras (2015),
paras. 57, 64, 85–89 and 92.
OHCHR, “Philippines: United Nations racial discrimination experts voice concern at ‘terrorist’
list”, 14 May 2018; see also OHCHR, “Philippines warned over ‘massive’ impact of military
operations on Mindanao indigenous peoples”, 27 December 2017.
See A/HRC/37/51, para. 1.
Maria Grazia Giammarinaro, Special Rapporteur on trafficking in persons, especially women and
children, statement to the Human Rights Council at its thirty-eighth session, Geneva, 20 June
2018.
Office of the United Nations High Commissioner for Refugees (UNHCR), “As Mediterranean
Sea arrivals decline and death rates rise, UNHCR calls for strengthening of search and rescue”,
briefing note, 6 July 2018.
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