A/HRC/32/36/Add.3
association as enshrined in international human rights law and standards. Similarly, he
remains concerned by the vague wording of some of the provisions and cautions the
authorities against ambiguous legal provisions governing the rights to freedom of peaceful
assembly and of association that increase the risk of abuses and violations of these rights
and infuse fear of breaking the law among society activists, which in turn can lead to selfcensorship. He is further concerned at that the wide discretion given to the Minister for
Internal Affairs and the National Board for NGOs at the National, District and Sub-County
levels are problematic and could have the effect of discouraging the formation and work of
associations.
133. The Special Rapporteur reminds the State of its obligation to ensure a conducive
environment for the free exercise of the rights of peaceful assembly and association, rights
enshrined in the International Covenant on Civil and Political Rights, acceded by the State
on 21 June 1995. 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.
Country visit
134. The Special Rapporteur reminds the Government of Uganda of his country visit
requests sent in 2011 and 2013, to which a response is yet to be received. He believes such
a country visit may be an opportunity to discuss any technical assistance that the
Government may require.
Zambia
135. JAL 11/01/2016. Case no. ZMB 4/2015. State reply: None. Alleged undue delays in
registration process of a non-governmental organization working on Lesbian, gay, bisexual,
transgender and intersex (LGBTI) issues.
Observations
Response to communication
136. The Special Rapporteur regrets that no response has been received to date relating to
the allegations contained in his communication ZMB 4/2015. 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).
137. The Special Rapporteur reiterates his concern at the reportedly undue delays in
reviewing the application for registration of the Engender Rights Centre for Justice and the
subsequent refusal to register it for reasons that could be related to the organization’s
peaceful activities in advocating and speaking out against discrimination and defending the
rights of LGBTI persons in Zambia. The Special Rapporteur further reiterates his concerns
with regard to the judicial proceedings against Mr. Kasonkomona that appear to result from
the legitimate exercise of his right to freedom of expression on a TV show and more
generally to his human rights activities within the Engender Rights Centre for Justice.
138. The Special Rapporteur is of the opinion that a “notification procedure”, rather than
a “prior authorization procedure” that requests the approval of the authorities to establish an
association as a legal entity, complies better with international human rights law and should
be implemented by States. Under this notification procedure, associations are automatically
granted legal personality as soon as the authorities are notified by the founders that an
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