A/HRC/32/36/Add.3
organization was created. Any decision rejecting the submission or application must be
clearly motivated and duly communicated in writing to the applicant. Associations whose
submissions or applications have been rejected should have the opportunity to challenge the
decision before an independent and impartial court (A/HRC/20/27).
139. More generally, the Special Rapporteur reminds the Government of its obligation to
respect and protect the right of all individuals to freely associate. He underlines that this
right involves the positive obligation to establish an enabling environment for members of
associations to perform their activities without fear from threats or acts of intimidation and
harassment of any sort.
140. Furthermore, the Special Rapporteur refers to refer to the report of the High
Commissioner for Human Rights (A/HRC/19/41) in which he insists on the right of LGBTI
not to be discriminated against and enjoy human rights on an equal footing, including in the
context of their rights to freedom of peaceful assembly and association.
Country visit
141. The Special Rapporteur reminds the Government of his willingness to undertake a
country visit to Zambia, as indicated by his letter on 30 October 2013. He trusts that such a
visit would allow him to examine first-hand issues relating to his mandate, identify good
practices and formulate pertinent recommendations to relevant stakeholders. He looks
forward to receiving a positive reply at the earliest possible opportunity. He reiterates that
Human Rights Council resolution 15/21, which established his mandate, and 24/5, which
renewed it for an additional period of three years, both call upon States to consider
favourably his requests for visits.
Zimbabwe
142. JUA 23/03/2015. Case no. ZWE 1/2015. State reply: 30/03/2015. Alleged arbitrary
arrest, incommunicado detention and enforced disappearance of a human rights defender.
Observations
Response to communication
143. The Special Rapporteur regrets that no substantial response has been received to
date relating to the allegations contained in his communication. 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).
144. The Special Rapporteur reiterates his utmost concern regarding to the arbitrary
arrest, incommunicado detention and enforced disappearance of human rights defender and
activist Mr. Dzamara in March 2015. He urges again the authorities to carry out an
independent, thorough and effective investigation to locate his whereabouts and bring
perpetrators to justice. He expresses serious concern about the stagnant investigations and
widespread chilling effect that the disappearance of a human rights defender may have on
others.
145. He stresses that it is the obligation of States to respect and fully protect the rights of
all individuals to assemble peacefully and associate freely, online as well as offline
(A/HRC/RES/24/5, operational paragraph 2). Moreover, he reaffirms that the rights to
freedom of peaceful assembly and of association are crucial cornerstones for the possible
emergence and sustainability of effective democratic systems.
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