A/HRC/41/41/Add.1
neighbourhoods by security forces or by “collectivos” - loose groups of pro-government
paramilitaries. These raids were often characterised by destruction of private property,
looting and violence against the occupants. For those who were arbitrarily detained, many
experienced irregularities in their legal proceedings including lack of access to a lawyer,
were kept in unhygienic cells, and were subjected to torture and ill-treatment. The use of
live fire during the dispersal of protests was also reported. Between 22 and 25 January
2019, at least 26 people were killed by live fire during protests, some in indigenous
communities. The Special Rapporteur further notes a number of total or partial internet
shutdowns between 23 January and 4 March 2019, along with social media interruptions
and raids on media offices.
49.
In Colombia, reports were received regarding the excessive use of force against
community members of Brisas del Cauca en Cali, a community principally comprised of
people of African descent (COL 2/2019). The members of the community were forcibly
evicted after disagreements arose with regards to the compensation paid to them as a result
of their displacement. During the eviction, police used tear gas against community
members who had formed a human chain around the local church. A number of residents
also received bullet wounds, though security forces allegedly refused to provide medical
assistance to those wounded. Multiple human rights defenders and social leaders were also
heavily beaten and arrested, including Ms. Adriana María España Cuero, who was allegedly
beaten by police and arrested while 7 months pregnant. While in detention, Ms. España
Cuero stated that she began to feel ill. After being taken to hospital and examined, it was
determined that her foetus had tachycardia. She later experienced premature contractions,
allegedly as a result of her violent arrest.
Freedom of association
50.
Regarding the right to freedom of association, the Special Rapporteur sent
communications to Ecuador, Brazil, Nicaragua and Cuba during the reporting period,
among others. The Special Rapporteur thanks the Governments of Ecuador, Brazil and
Cuba for their responses dated 13 December 2018 and 7 February 2019, 9 January 2019
and 20 February 2019, and 21 February 2019 respectively.
51.
In the context of a constitutional referendum in Cuba, reports allege that the state
telecommunications provider, ETECSA, filtered and blocked SMS messages containing
certain social media tags which advocated for voters to vote “No” (CUB 1/2019). The
social media tags had been created by groups who were opposed to the changes proposed in
the referendum. The Special Rapporteur raised his concerns with regards to freedom of
association, as such necessarily entails the freedom of associations to engage in electionrelated activities, including seeking, receiving and imparting information and ideas of all
kinds, regardless of frontiers. The Special Rapporteur thanks the Government for its
response to the communication sent, however he regrets that the response represents an
outright rejection of the allegations raised. He thanks the Government for information
provided regarding large public consultations in the run up to the referendum.
52.
In his communication dated 11 December 2018, the Special Rapporteur welcomed a
number of promising developments to be introduced by the “Proyecto de Ley Orgánica de
Organizaciones sin Fines de Lucro” in Ecuador (ECU 5/2018). The new law would remove
a system of legal recognition and supervision of non-profit organisations, replacing it
instead with a notification system, characterised by a declaration under oath before a
notary. It also would also introduce a number of other positive changes. The Special
Rapporteur did however note some concerns over provisions in the law which were
insufficiently clear, coherent or precise. In addition, he noted his concerns regarding powers
given to the Council of Civic Participation and Social Control to receive complaints made
by members against their own organisations and to make determinations on them, as
members of associations should be able to freely determine their organisation’s status,
structure and activities, as well as take decisions without State interference. The Special
Rapporteur thanks the Government of Ecuador for its responses to the communication, and
welcomes changes made subsequently in line with a number of his comments, including the
removal of the complaints competence from the Council of Civic Participation and Social
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