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. 6

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