A/HRC/43/51/Add.3
AFRICA REGION
13.
During the present reporting period, the Special Rapporteur sent 25 communications
to 16 countries in the Africa region. While the response rate was low, 40%, it represents a
nine percentage point increase on last year, and a significant improvement compared to the
very low response rates received in the previous years. While the Special Rapporteur thanks
the Governments who sent replies to his letters, no state that received more than one
communication sent substantive responses to all letters sent by the Special Rapporteur. The
Rapporteur urges states to engage with Special Procedures in a more committed manner,
working with his mandate to guarantee a safe and enabling environment for human rights
defenders in their respective countries.
14.
The Special Rapporteur notes with particular concern the continuation of the
deterioration of civil society space in the region, which was reported on in the previous
reporting period. The space in which human rights defenders carry out their work has been
restricted through both legal instruments and use of force.
15.
As reflected in communications sent to Burkina Faso, Malawi, Nigeria, Sierra Leone
South Sudan and Togo, human rights faced increasingly restrictive legislative frameworks in
carrying out their legitimate activities, especially for the registration of their civil society
organisations. Some organisations found it more difficult to get registered or convene
assemblies within the existing laws, while other states approved new legislation which made
it more difficult for unregistered NGOs to carry out their work.
16.
Excessive use of force during demonstrations in some countries in the region posed
serious challenges to the right to freedom of peaceful assembly and expression for human
rights defenders in this reporting period. Allegations of violent repression and arrests in the
context of protests were brought to the attention of the Special Rapporteur by human rights
defenders in several countries, as illustrated in the communications sent to Sudan and
Zimbabwe. The Special Rapporteur is also concerned about the chilling effect that the
excessive use of force employed by police may have on the exercise of freedom of expression
and assembly, by individuals and groups standing up for human rights.
17.
While the Special Rapporteur notes that there was a reduction in reported cases of
enforced disappearance over last year’s reporting period, he remains concerned about
widespread arbitrary arrest, threats, physical attacks and intimidations made against human
rights defenders, as reflected in the letters sent to the Democratic Republic of Congo,
Djibouti, Gabon, South Sudan and Uganda. The Special Rapporteur is concerned that these
arrests, many of which are not followed by fair legal proceedings, are linked to the legitimate
work of human rights defenders, limiting their scope to protect and promote human rights.
18.
The Special Rapporteur is concerned that attacks on human rights defenders often go
unpunished. This concern is compounded by the lack of specific detail provided in
Government replies regarding the status of investigations into these attacks.
19.
Women human rights defenders faced challenges across the region in this reporting
period. Two of the three cases involving women human rights defenders involved violent
attacks facilitated by the authorities. In his report on the situation of women human rights
defenders published in January 2019 (A/HRC/40/60), the Special Rapporteur singled out
physical attacks as one of the major gendered risks that women human rights defenders must
confront in carrying out there work. LGBTI defenders are also often the target of physical
and verbal attacks, as reflected in the communication sent to Mauritius.
20.
The Special Rapporteur notes with concern that human rights defenders in the Africa
region are being increasingly targeted for their online activities. Defamation legislation and
related charges have been used in a number of cases to persecute those who exercise their
right to freedom of expression online, as illustrated in communication sent to Nigeria.
21.
The Special Rapporteur urges States to comply with their international human rights
law obligations and reminds them of their responsibility to ensure a safe and enabling
environment, without fear of threats, prosecution or acts of intimidation and harassment of
any kind.
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