A/HRC/32/36/Add.3
112. The Special Rapporteur reiterates his concern about the entry into force of the NonGovernmental Organization Bill, 2015, (NGO Bill) in South Sudan. He remains concerned
about the negative impact the legislation is bound to have on the essential work undertaken
by civil society groups, including humanitarian organizations, in South Sudan. As indicated
in the communication, the provisions contained in the legislation appear to be in
contravention of international human rights law and standards and can be used to quell
criticism and deter people wishing to exercise their rights to freedom of association and to
freedom of opinion and expression.
113. The Special Rapporteur also echoes the concerns expressed in the report of the
assessment mission by the Office of the United Nations High Commissioner for Human
Rights to improve human rights, accountability, reconciliation and capacity in South Sudan
(A/HRC/31/CRP.6), which refers to an on-going trend of repression against civil society
organizations voicing dissent. According to the report, “[v]iolations of the freedom of
opinion and expression, of peaceful assembly, as well as arbitrary arrest and detention of
journalists, media workers or other individuals or groups perceived to be in opposition to
the Government have been an issue of great concern in South Sudan since independence.
The Government, and in particular the National Security Service (NSS), has attempted,
with some success, to suffocate debate and opposition, resulting in alarm and fear among
the population” (para. 170).
114. The Special Rapporteur reminds the State of its obligation to ensure a conducive
environment for the free exercise of the rights to freedom of expression, assembly and
association guaranteed in articles 19 and 20 of the Universal Declaration of Human Rights
(UDHR). It also restates that, according to this same Covenant, only a very limited number
of restrictions to these rights may apply, which should be prescribed by law and necessary
in a democratic society for responding to a pressing social need for the interference.
115. The Special Rapporteur encourages the State to overturn any legislation that curtails
the rights to freedom of peaceful assembly and of association.
Sudan
116. JAL 11/03/2015. Case no. SDN 1/2015. State reply: None. Alleged deregistration of
fourteen associations in Sudan for contravening the Law on Cultural Groups of 1996
regulating associations.
117. JUA 27/04/2015. Case no. SDN 2/2015. State reply: None. Allegations of the arrest,
detention, inadequate conditions of detention, and charges against a human rights defender.
118. JUA 12/06/2015. Case no. SDN 4/2015. State reply: None. Alleged criminal charges
against two clergyman and undue restrictions of religious freedom of the Christian
communities in Sudan
Observations
Responses to communications
119. The Special Rapporteur regrets that he has not received a response to his
communication and reminds the Government of Sudan that he considers responses to his
communications as an important part of the cooperation of Governments with his mandate.
He calls upon States to cooperate fully with and assist him in the performance of his
mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012)
and 15/21 (2010).
21
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