A/HRC/32/36/Add.3
8.
During the reporting period, there was an average response-rate of 58 per cent to the
Special Rapporteur’s communications. While certain replies were merely
acknowledgements or receipt, the Special Rapporteur wishes to thank countries who have
fully engaged and cooperated with the Special Procedures mechanisms and provided
detailed information in response to the allegations addressed therein.
III. Africa region
9.
During the present reporting period, the Special Rapporteur sent 31 communications
to 18 countries in the Africa region.
10.
The Special Rapporteur is concerned about the alarming shrinking of the space
occupied by the civil society and human rights defenders, having an increasing difficulty to
exercise their rights to peaceful assembly and associations, as well as their right to freedom
of expression. He is worried that the context of the numerous elections to be held on the
continent in the coming months may lead to an escalation of violence, including in the
context of peaceful protests, and to put civil society at a major risk.
11.
The Special Rapporteur expresses his concern regarding security considerations
having the effect of curtailing the rights of peaceful assembly and association. He notes that
many States in the African region have used excessive violence to curb peaceful protests,
notably in the context of elections. The Special Rapporteur considers as a best practice the
presumption in favour of holding peaceful assemblies and that the enjoyment of the right to
hold and participate in peaceful assemblies entails the fulfilment by the State of its positive
obligation to facilitate the exercise of this right (A/HRC/20/27). He recalls that the ability to
assemble and act collectively is vital to democratic, economic, social and personal
development, to the expression of ideas and to fostering engaged citizenry (A/HRC/31/66).
Assemblies can make a positive contribution to the development of democratic systems
and, alongside elections, play a fundamental role in public participation, holding
governments accountable and expressing the will of the people as part of the democratic
processes.
12.
Similarly, the Special Rapporteur is dismayed about the adoption of laws that
unduly restrict the rights to peaceful assembly and association. The Special Rapporteur
reminds States of their 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. He also restates that, according to this same
Covenant, only a very limited number of restrictions to these rights may apply, which must
meet the strict necessity and proportionality test.
13.
Furthermore, he is disappointed to note that some Governments fail to see
associations, and in particular human rights associations, as crucial partners for both good
governance and the strengthening of functioning democracies. He emphasizes that while
States do not have to agree with the opinions and criticism expressed by persons espousing
minority or dissenting views or beliefs, they have a positive obligation to ensure the
existence of an enabling environment for civil society, including the enjoyment of the right
of association, so that it may exist, operate and express itself freely and without fear
(A/HRC/20/27, paragraph 63). He urges authorities to implement all necessary measures to
protect people exercising their right to freedom of association and peaceful assembly
against threats, violence, intimidation or reprisals.
14.
Finally, the Special Rapporteur recalls that he stands ready to provide technical
assistance to ensure that States’ normative frameworks and practices comply with
international human rights norms and standards governing freedoms of association and
assembly.
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