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OHCHR 
Comments on legislation and policy
Special Rapporteur on counter-terrorism and human rights
This page lists the comments on legislation and policies that are relevant to the work of the mandate and sent to States and other stakeholders.
| Date | Country | Topic | Communication | Government reply |
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| 23 May 2022 | Belarus | Information received concerning the proposed amendments to the Criminal Code of Belarus (Law No. 275-Z of 9 July 1999) adopted by the two chambers of the Belarusian Parliament on 27 April 2022, and signed into law by the President of Belarus on 13 May 2022, which provide for an extension of the application of the death penalty for “attempted” crimes related to terrorism, including activities that do not fall under the category of “most serious crimes” established by international law for the imposition of capital punishment. The fact that the proposed amendments would extend the death penalty to acts beyond intentional killing, as well as seemingly broad and vague definitions of “terrorist acts,” raise concerns that they could be interpreted to include acts aimed at the legitimate exercise of fundamental rights. | BLR 3/2022 | |
| 05 May 2022 | Nicaragua | Comentarios sobre la Ley General de Regulación y control de Organismos sin Fines de Lucro (la "Ley de OSFL"), que introduce amplios requisitos de registro y presentación de informes a las OSFL, así como severas sanciones administrativas para los organismos concernidos. | NIC 1/2022 | |
| 05 May 2022 | Israel | Information received concerning Counter-Terrorism Law 5776-2016 and related regulations and orders. | ISR 6/2022 | |
| 14 Feb 2022 | China | comments on the applicability of the International Covenant on Civil and Political Rights (“ICCPR” or the “Covenant”) to law enforcement and judicial activity carried out under The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“National Security Law” or “NSL”). | CHN 3/2022 | 10-Aug-22 |
| 08 Feb 2022 | Qatar | Information received concerning Law No. 20 of 2019 Promulgating the Law on Combating Money Laundering and Financing of Terrorism (Law No. 20). | QAT 1/2022 | |
| 19 January 2022 | New Zealand | Comments on the Counter-Terrorism Legislation Act 2021 and its compatibility with New Zealand’s international and human rights law obligations. | NZL 1/2021 | |
| 27 December 2021 | Algeria | Comments and suggestions regarding certain legal texts relating to security and the fight against terrorism recently approved, in particular Ordinance No. 21-08 amending and supplementing Ordinance No. 66-156 of June 8, 1966 on the Code Criminal Code and Law No. 20-06 of April 22, 2020 also amending the Penal Code. | DZA 12/2021 | 28 Dec 2021 04 Jan 2022 |
| 09 Dec 2021 | Sri Lanka | Update on the action in process to review and bring the ‘Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended by Act No. 10 of 1982’ [hereinafter ‘PTA’] published in the Gazette Extraordinary No. 2218/68 on 12 March 2021 in line with international norms and standards within a time bound process. | LKA 7/2021 | 10 Dec 2021 11 Dec 2021 16 Dec 2021 |
| 19 November 2021 | Venezuela | Considerations on various regulations in force or in the approval process, including, among others, Administrative Ruling No. ONCDOFT-002-2021, Circular SIB-DSB-CJ-OD-06524 (SUDEBAN), Law for the Defense of National Sovereignty and Self-determination and the Draft Law on International Cooperation related to the registration, control and financing of non-profit non-governmental organizations (NGOs) in the Bolivarian Republic of Venezuela. | VEN 8/2021 | |
| 21 October 2021 | Permanent Delegation of the European Union | Information received regarding two pieces of pending European Union (“EU”) legislation: the counter-terrorism agenda entitled “A Counter-Terrorism Agenda for the EU: Anticipate, Prevent, Protect, Respond” [hereinafter “Agenda”] and the Proposal for Amending Regulation (EU) 2016/794 [hereinafter “Proposal”] | OTH 229/2021 | |
| 16 September 2021 | Thailand | Information received concerning the 28 June 2021 Thai Cabinet Resolution, which requires the Council of State to incorporate eight principles on anti-money laundering and countering the financing of terrorism into the forthcoming Draft Act on the Operation of Not-for-Profit Organizations, in potential contravention of Thailand’s international and human rights law obligations. | THA 5/2021 | 01 Oct 2021 |
| 24 August 2021 | Austria | Concern with the recently enacted Anti-Terrorism Act (the “Act”), which introduces “religiously motivated extremist association” as a basis for criminalization and implements a new electronic surveillance system for individuals on conditional release – all in potential contravention of Austria’s international and human rights law obligations. | AUT 2/2021 | 20 Oct 2021 04 Jan 2022 |
| 9 August 2021 | Sri Lanka | Concerns about the adoption and implementation of a recent regulation, titled ‘Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021’ [hereinafter ‘Regulation’] under section 27 of the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended by Act No. 10 of 1982 [hereinafter ‘PTA’] published in the Gazette Extraordinary No. 2218/68 on 12 March 2021. In this regard, we wish to express our serious concern and to encourage the rescission of the Regulation because its provisions are contrary to Sri Lanka’s international legal obligations. | LKA 3/2021 | 11 Aug 2021 |
| 6 August 2021 | Haiti | Comments and suggestions on the Decree on the creation, organization and operation of the national intelligence agency and the Decree for the strengthening of public security, adopted on November 25, 2020 and revised on December 31, 2020, as well as the revision of the Penal Code adopted by decree on June 24, 2020. | HTI 2/2021 | |
| 9 June 2021 | France | Comments and Suggestions on Bill No. 4104 on the Prevention of Acts of Terrorism and Intelligence, dated April 28, 2021 (“the bill”). | FRA 5/2021 | |
| 09 December 2021 | Sri Lanka | Update on the action in process to review and bring the 'Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended by Act No. 10 of 1982' [hereinafter 'PTA'] published in the Gazette Extraordinary No. 2218/68 on 12 March 2021 in line with international norms and standards within a time bound process. | LKA 7/2021 | 10 Dec 2021 11 Dec 2021 |
| 29 July 2021 | Uzbekistan |
Comments and concerns on the recent act “On Freedom of Conscience and Religious Organisations”, signed into law by the President of Uzbekistan on 5 July 2021. |
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| 15 June 2021 | Brazil |
Comments on Senate Bill No. 272/2016, seeking to reinstate provisions in Brazil’s Anti-Terrorism Law and Draft Bill No. 1595/2019, which would also amend prior legislation. |
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| 7 June 2021 | Denmark |
Concerning the recent “Security for All Danes” bill, submitted to the Danish Parliament on 8 October 2020. If adopted into law in its current version, this bill may have a grave impact on the civic space and fundamental in particular with the right to freedom of peaceful assembly. |
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| 9 March 2021 | Netherlands |
Comments on the Bill on Amendments to the Criminal Code and the Code of Criminal Procedure to criminalize residence in an area controlled by a terrorist organization. |
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| 8 March 2021 | Belarus |
Comments and suggestions on the Law No. 14-Z of 13 May 2020 which amends Law No. 165-З of 30 June 2014 on "actions to be taken to prevent legitimization of the proceeds of crime and the financing of terrorism and financing the weapons of mass destruction proliferation" and the Decree Nº 153-1 issued by the Ministry of Justice on 7 November 2020 on "information about the activities of public associations and foundations". |
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| 11 February 2021 | Turkey |
Comments on Law No. 7262 on Preventing Financing of Proliferation of Weapons of Mass Destruction which entered into force on 31 December 2020 |
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| 4 January 2021 | Nicaragua |
Comments on the Law against Money Laundering, Terrorism Financing and Financing the Proliferation of Weapons of Mass Destruction (Law No. 977), approved by the Nicaraguan Parliament on July 16, 2018. It modifies articles 394 and 395 of Law No. 641, which is valid for the Penal Code, relating to terrorism and its financing. |
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| 17 December 2020 | Saudi Arabia |
Comments on the 2017 Law on Combating Crimes of Terrorism and its Financing, which was recently amended on 19 June 2020 |
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| 13 November 2020 | Nicaragua |
Comments on the Law on the Regulation of Foreign Agents and the Special Law on Cybercrime, recently approved by the National Assembly (Comentarios sobre la Ley de Regulación de Agentes Extranjeros y la Ley Especial de Ciberdelitos, aprobadas recientemente por la Asamblea Nacional. |
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| 13 November 2020 | United Arab Emirates |
Comments and suggestions on the 2014 Law No. 7 On Combatting Terrorism Offences (Law 7) which abrogated Federal Decree-Law no. 1/2004. |
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| 12 November 2020 | France |
Comments and suggestions on the Draft Law No. 3452 on Global Security dated 20 October 2020 ("Commentaires et suggestions à propos de la proposition de loi n° 3452 relative à la sécurité globale datant du 20 octobre 2020"). |
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| 3 November 2020 | European Union |
Comments on the new draft ‘Regulation on preventing the dissemination of Terrorism Content Online’, proposed by the Presidency of the Council of the EU |
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| 18 September 2020 | Burkina Faso |
Comments on Law N°044-20191 (Commentaires à propos de la "Loi N°044-20191 qui modifie le Code pénal du Burkina Faso") |
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| 1 September 2020 | China |
Comments on The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“National Security Law”) |
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| 26 August 2020 | Turkey |
Comments on the Anti-Terror Law No. 3713 (“Anti-Terror Law”) and the amendments made to this law and the Penal Code through Law No. 7145, adopted on 31 July 2018 |
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| 22 July 2020 | Peru |
Comments on Decree Law No. 25475, which establishes the penalties for terrorist offences and the procedures for police investigation, investigation and trial (Decreto Ley No. 25475 “Ley que establece la penalidad para los delitos de terrorismo y los procedimientos para la investigación, la instrucción y el juicio”, Proyecto de Ley 470/1/2019-PE, Proyecto de Ley 411/2018 y Proyecto de Ley 04852/2020-CR) |
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| 22 July 2020 | United Kingdom of Great Britain and Northern Ireland |
Comments on the ‘Counter Terrorism and Sentencing Bill’ |
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| 29 June 2020 | The Philippines |
Comment on ‘The Anti-Terrorism Act of 2020’ |
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| 24 June 2020 | France |
Comment on the draft law on security measures that may be ordered against perpetrators of terrorist offences amending Title XV of Book IV of the Code of Criminal Procedure (proposition de loi sur les « Mesures de sûreté pouvant être ordonnées à l’encontre des auteurs d’infractions terroristes » portant modification du titre XV du livre IV du code de procédure pénale) |
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| 19 June 2020 | China |
Comments on the Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the Hong Kong Special Administrative Region |
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| 26 May 2020 | Switzerland |
Comments on the proposed Anti-Terrorism Police Measures Law (Commentaires à propos du projet de loi intitulé "Loi fédérale sur les mesures policières de lutte contre le terrorisme") |
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| 6 May 2020 | India |
Comments to the Unlawful Activities Amendment Act 2019 and the 1967 Unlawful Activities Prevention Act |
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| 6 May 2020 | Kyrgyzstan |
Comments on the proposed law of the Kyrgyz Republic on Countering Terrorism |
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| 23 April 2020 | China (Hong-Kong) |
Comments on the United Nations (Anti-Terrorism Measures) Ordinance, Cap. 575 (“Anti-Terrorism Law”)1 and Crimes Ordinance, Cap. 200, Sections 9 and 10 (“Sedition Law”) |
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| 9 April 2020 | Cambodia |
Draft Law on the Management of the Nation during the State of Emergency |
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| 8 April 2020 | Sri Lanka |
Comments and suggestions on the circular by the Ministry of Health of Sri Lanka providing standard guidance on the autopsy practice and the disposal of COVID-19 related dead body. |
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| 8 April 2020 | Egypt |
Amendments to the Terrorist Entities Law (Law 8 of 2015) and the Anti-Terrorism Law, (Law 94 of 2015), approved by the Parliament’s Legislative Committee on 10 February 2020; effect and application of The Right to Public Meetings, Processions and Peaceful Demonstrations Law No. 107/2013; the Law no.70/2017 on Associations and Other Foundations Working in the Field of Civil; and Law No. 149/2019 |
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| 1 November 2019 | China |
Counter-Terrorism Law of the People’s Republic of China and its Regional Implementing Measures, the 2016 Xinjiang Uyghur Autonomous Region Implementing Measures |
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| 26 August 2019 | Tunisia |
Proposed Draft Law No 91-2018 to alter Tunisia’s emergency powers legislation |
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| 19 June 2019 | Ethiopia |
A Proclamation to Provide for the Prevention and Suppression of Terrorism 2019 |
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| 4 April 2019 | Australia |
Comments on the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Law 2019 |
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| 26 February 2019 | Sri Lanka |
Comments and suggestions on the adoption of national legislation to repeal and replace the Prevention of Terrorism Act of 1978. |
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| 7 December 2018 | European Union |
Comments on the Proposal for a Regulation on preventing the dissemination of terrorist content online to complement Directive 2017/541 on combating terrorism. |
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| 26 October 2018 | Sri Lanka |
Comments and suggestions on the counter-terrorism draft legislation |
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| 17 July 2018 | United Kingdom of Great Britain and Northern Ireland |
Comments on the House of Commons Public Bill Committee |
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| 7 July 2018 | United Kingdom of Great Britain and Northern Ireland |
Comments on the Counter-Terrorism and Border Security Bill |
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| 15 February 2018 | Australia |
Comments on the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 |
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