A/HRC/32/36/Add.3
concerns at the alleged interference in judicial proceedings concerning the review of the
legality of their pre-trial detention. Finally he stresses that the physical and psychological
integrity of Mr. Masuku and Mr. Dlamini may be at risk while in detention. Such actions
are bound to have a detrimental effect on other individuals exercising or wishing to exercise
this right.
126. The Special Rapporteur remains concerned at the misuse of anti-terrorism legislation
to curb freedom of peaceful assembly and association in the country. Although the Special
Rapporteur is aware that States have an interest in protecting national security or public
safety, and the fight against terrorism which are legitimate grounds for restricting freedom
of association, he reminds the Government of Swaziland that there is also need for States to
comply with international human rights law while countering terrorism and that, under the
International Covenant on civil and political rights ratified by Swaziland on 26 March
2004), any limitation must not only pursue a legitimate interest and meet the strict necessity
and proportionality test.
127. He also reiterates his recommendation to the Government to put in place an enabling
and safe environment that is conducive to the free expression of civil society and political
activists allowing individuals to exercise their legitimate rights to freedom of opinion,
expression, association and peaceful assembly.
Uganda
128. JAL 27/04/2015. Case no. UGA 1/2015. State reply: None. Allegation of noncompliance with international human rights law and standards of a bill regulating
associations which would introduce undue limitations to the rights to freedom of
association.
129. JAL 12/08/2015. Case no. UGA 2/2015. State reply: 07/09/2015. Alleged temporary
arrest and repeated harassment of a human rights defender.
Observations
Responses to communications
130. The Special Rapporteur regrets that no substantial response has been received to
date relating to the allegations contained in his communications. 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).
131. The Special Rapporteur welcomes the release of Mr. Justus Orishaba Bagamuhunda
on 19 August 2015, but expressed serious concerns that his arrest and arbitrary
administrative detention may have been related to his work as a human rights defender
focused on the promotion of human rights, democracy and good governance (UGA
2/2015). He calls on the authorities to take all appropriate measures to ensure that human
rights activists can exercise their rights to freedom of association and peaceful assembly in
a safe and enabling environment without risk being exposed to threats, retaliation,
intimidation or harassment. He reminds the Government of its obligation to respect and
protect fundamental human rights, including the right of all individuals to freely associate.
Non-Governmental Organisations Bill, 2015 (NGO Bill)
132. As indicated in the communication sent on 27 April 2005 (UGA 1/2015), the Special
Rapporteur remains seriously concerned about certain provisions of the Non-Governmental
Organisations Bill, 2015 (NGO Bill) that would severely restrict the right to freedom of
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents