A/HRC/43/51/Add.3 64. The Special Rapporteur takes note of the Government’s response to communications MWI 2/2019 and MWI 3/2019 but regrets that it did not provide information on the measures taken to ensure the physical and psychological integrity of Mr. Timothy Mtambo, Mr. Trapence and Mr. Banda, and to address the threats and intimidation against them, as well as the media defamation campaign against Mr. Mtambo. The Special Rapporteur further invites the Government to provide updated information on the status of investigations into assault allegations made against Mr. Mtambo, and into the offences allegedly committed by Mr. Trapence. While the Special Rapporteur welcomes the Government’s expressed commitment to promoting the development of a strong independent civil society, he remains concerned about the incompatibility of registration requirements for civil society organisations with the right to freedom of association as established in article 22 of the ICCPR. 65. In this context, the Special Rapporteur is concerned that the Non-Governmental Organization Amendment Bill 2018 retains a registration requirement for NGOs to operate in Malawi. The Special Rapporteur would like to reiterate that the right to freedom of association equally protects associations that are not registered, particularly when the procedure to establish an association is burdensome and subject to administrative discretion. Furthermore, the Special Rapporteur is concerned that by not providing clear definitions of the scope of the NGO Act, the Amendment Bill fails to meet the legality requirement for permissible restrictions of the right to freedom of association under international law. He remains extremely concerned that the Amendment Bill increases penalties and establishes criminal sanctions, including up to seven-years of imprisonment, for failing to comply with the NGO Act. He would like to remind the Government that circumstances where criminal, as opposed to civil sanctions, that apply to associations should be exceptional and narrowly construed. Mauritius 66. JUA 03/05/2019 27/06/2019 Case no: MUS 2/2019 State reply: 07/05/2019 (A) Allegations concerning the physical and verbal assault of two lesbian women and of two LGBTI human rights defenders associated with the Collectif Arc-En-Ciel, including Ms. Sandrine Julien. 67. The Special Rapporteur thanks the Government of Mauritius for the reply sent to his letter dated 3 May 2019. 68. The Special Rapporteur restates deep concern with regards to the allegations of the physical and verbal assault of Ms. Sandrine Julien and a volunteer of the CAEC while attempting to rescue two members of the LGBTI community from their abusive homes. His concerns are heightened by the reported inaction of the two police officers present at the scene of the assault. The Special Rapporteur is extremely concerned by these allegations as they may send a message that attacks against LGBTI people and those who defend their rights are tolerated in Mauritius, and may encourage others to commit similar crimes. 69. The Special Rapporteur takes note of the Government’s reply sent to his letter dated 3 May 2019 and welcomes the Government’s acknowledgment of the recommendations made in the context of the 2019 Universal Periodic Review of Mauritius, regarding the protection and recognition of the rights of the LGBTI community and information on plans towards moving forward with sensitisation of society to pave the way for reforms. The Special Rapporteur regrets that the response did not include information on the measures taken to ensure the physical and psychological safety of the two lesbian women and of human rights defenders associated with the CAEC. The Special Rapporteur encourages the Government to provide updated information on the status of investigations into the physical and verbal attack against the two lesbian women and the LGBTI defenders from the CAEC. He also invites the Government to indicate what measures have been taken to ensure that defenders of the human rights of LGBTI people in Mauritius are able to carry out their peaceful and legitimate work in an enabling environment. 14