A/HRC/41/41/Add.1
110. Allegations regarding obstacles to association encountered by the Protestant Church
of Algeria ( l’Église Protestante d’Algérie or EPA) were raised with the Government of
Algeria by the Special Rapporteur in October 2018, along with allegations regarding the
closure of a number of their churches (DZA 4/2018). The EPA has tried a number of times
to obtain authorisation to operate as an association, however they have been unable to do
so. According to Algerian law, non-Muslim religious groups must obtain authorisation
from the National Commission for Places of Worship, as religious gatherings outside of
these designated places is illegal. Although the EPA had submitted an application in July
2014 for approval of a new executive office, a requirement for registration as an
association, they received no response regarding the outcome of their application, other
than an acknowledgement of receipt in August 2015. In November 2017, a number of EPA
affiliated churches were closed by Algerian authorities. Although some were subsequently
reopened, a number remained closed at the time of writing of the communication. The
Special Rapporteur wishes to remind the Government of Algeria that the right to freedom
of peaceful assembly extends equally to religious gatherings, and similarly the right to
freedom of association applies equally to religious organisations. He reiterates that no
restrictions may be placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of public health
or morals or the protection of the rights and freedoms of others.
111. In Tunisia, Shams, an organisation which campaigns for the decriminalisation of
homosexuality, has faced repeated obstacles to its registration as an association, which have
been raised with the Government by the Special Rapporteur (TUN 4/2018). Although it
fulfilled all necessary legal procedures for the official publication of the creation of the
association in the Official Journal of the Tunisian Republic (Journal Officiel de la
République Tunisienne or JORT), and despite the fact that its registration was confirmed by
the Director General of Associations, the Official Printer of the Tunisian Republic, who
edits the JORT, refused to publish this announcement. Such an announcement must be
published in order for the organisation to be recognised as a legally constituted association.
On 20 February 2019, Shams was requested to appear before the Tunis Court of Appeals
(TUN 2/2019). This request was a result of an appeal lodged by the Attorney General
against a court decision in February 2016 which judged that the association was not in
contravention of any law and which lifted a previous suspension imposed on the
organisation in January 2016. The decision considered whether the organisation was in
contravention of Article 230 of the Criminal Code which criminalises homosexuality. At
the time of writing of the most recent communication on this matter, the registration of the
organisation had still not been published in the JORT, preventing Shams from being
considered as a legally constituted association.
112. In addition to the obstacles against registration experienced by Shams, its members
have been subjected to repeated homophobic attacks. The director of the organisation’s
radio station has been the subject of multiple death threats, by email and phone and on
social media, and the organisation’s programme manager also received death threats from
an Imam in Monastir during his sermon. Following the sermon, a group of the Imam’s
followers gathered in front of his parents’ house calling for his death.
113. The Special Rapporteur thanks the Government of Tunisia for its response to the two
communications sent, dated 15 March 2019, and for the information provided regarding the
investigation into a violent attack against a member of Shams. The Special Rapporteur
further takes note of the explanation offered by the Government that the publication of the
announcement in the JORT on the creation of the association cannot be made as the case is
still under consideration. He urges the Government, however, to ensure that no unnecessary
impediments exist regarding Shams’ exercise of its right to freedom of association, and
underlines that long judicial proceedings may disproportionally affect the right of the
organisation to associate freely.
114. The Special Rapporteur expresses his serious concerns over incendiary statements
allegedly made against Mr. Hagai El-Ad, the Executive Director of B’Tselem, and against
B’Tselem itself by high-ranking Israeli officials, including the Prime Minister (ISR
14/2018). Further concern is expressed over the targeting of Ms. Manal Al-Ja’bri, a field
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