A/HRC/32/36/Add.3
120. The Special Rapporteur reiterates serious concern at the rising infringement on
freedom of association in Sudan. He remains very concerned at the drastic decisions to
deregister fourteen associations for contravening the Law on Cultural Groups of 1996
regulating associations carrying out legitimate work in Sudan, which appear to obstruct the
exercise of the right to freedom of association (SDN 1/2015). He reminds the Government
of Sudan that the action to suspend or dissolve an association is one of the severest types of
restrictions on freedom of association. Therefore, any such decision to suspend or dissolve
an association should comply with international human rights law and standards, namely it
should be guided by the principles of proportionality and necessity (A/HRC/20/27,
paragraph 75).
121. The Special Rapporteur deplores allegations of arrest, detention, inadequate
conditions of detention, and charges against a human rights defender as well as the alleged
criminal charges brought against two clergyman and undue restrictions of religious freedom
of the Christian communities, respectively in communications SDN 2/2015 and SDN
4/2015. He reiterates his concern regarding allegations that indicate that the religious
autonomy of churches, the rights to freedom of expression, religion and freedom of
peaceful assembly of the Christian religious minorities have been seriously undermined by
ongoing mass expulsion, arrests, detentions of foreign Christians and confiscation or
destruction of church properties since the end of 2012. Such actions are bound to have a
detrimental effect on other individuals exercising or wishing to exercise their right to
association, peaceful assembly and freedom of expression and religion.
122. He reminds the Government of Sudan of its positive obligation to ensure that civil
society, including human rights defenders, can carry out their legitimate work free in a safe
and enabling environment without fear of threats or acts of intimidation or harassment of
any sort.
Swaziland
123. JUA 07/05/2015. Case no. SWZ 2/2015. State reply: None. Alleged arbitrary arrest
and continued pre-trial detention of, as well as charges of sedition and terrorism brought
against, two political activists for exercising their rights to freedom of opinion, expression,
association and peaceful assembly.
Observations
Response to communication
124. The Special Rapporteur regrets that no response has been received to date relating to
the allegations contained in his communication indicating allegations of arrest and
continued pre-trial detention of, as well as charges of sedition and terrorism brought
against, Mr. Mario Masuku, the President of the political party ‘the People’s United
Democratic Movement’ (PUDEMO), and Mr. Maxwell Dlamini, the Secretary General of
the party’s youth wing, the Swaziland Youth Congress (SWAYOCO). He considers
responses to the questions raised in his communications as an important part of the
cooperation of Governments with his mandate, in accordance with Human Rights Council
resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
125. The Special Rapporteur is concerned that the rights to freedom of opinion,
expression and peaceful assembly appear curtailed in an environment where laws are
applied disproportionately against perceived political opponents, activists, and human rights
defenders. He stresses again his concern about the charges brought against them under the
Terrorism Act and Sedition Act that do not appear to comply with relevant international
and regional human rights principles and standards. The Special Rapporteur recalls his
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