A/HRC/41/41/Add.1 situation of their beneficiaries, many of whom rely on the provision of their services and would find themselves in a disadvantaged position without. 33. In Malawi (MWI 2/2018), concerns were raised regarding the Non-Governmental Organisation Bill 2018 (Amendment Bill), which was allegedly brought for discussion in Parliament without prior consultation with local NGOs. While the bill made a number of improvements, including the removal of double registration requirements for NGOs, a commitment to promote the right to freedom of association in line with Section 32 of the Republican Constitution, and requirements for the independence and gender balance of a new regulatory authority for NGOs, some worrying provisions were also introduced. Most worryingly, the Amendment Bill removed all statutory responsibilities from the Council for Non-Governmental Organisations in Malawi, instead placing them under a new NGO authority. This NGO authority would be granted additional powers, including the ability to inspect NGOs for compliance with the NGO Act or any other law and to revoke certificates of registration. The Amendment Bill would also include a representative of the Secretary for Home Affairs and Internal Security on the NGO authority, raising fears of the body taking on a security-orientated approach rather than an approach which is supportive and enabling. These two points combined raise concerns of possible abuse of the legislation, which is also at times vaguely worded. Furthermore, the Amendment Bill would permit prosecution of the trustees or director of an NGO for the NGOs failure to abide by the act, piercing the organisational veil rather than holding the organisation itself to account. 34. Similarly, the Development Cooperation Framework (DCF) in Sierra Leone (SLE 1/2019) provides a number of sweeping powers to the NGO Supervisory Committee to refuse the registration or halt the operation of NGOs for multiple reasons, including for providing misleading or false information or for being in contravention with their stated objectives. Again, the use of such overbroad language leaves it open to abuse. Furthermore, while there is an appeals mechanism included in the DCF in case of refusal of registration or halt of operations, the appeal is to the Minister of Planning and Economic Development rather than an impartial and independent judicial body. Other restrictions on the right to freedom of association provided for in the DCF include the limitation on NGOs to only register in two categories or sectors, which stymies the functionality of cross-sectoral NGOs and reduces the spread of potential beneficiaries. While the Special Rapporteur thanks the Government of Sierra Leone for its response to his communication, he regrets that the reply was limited to explaining the teleological reasoning behind the DCF, rather than responding to concerns he raised regarding its conformity to international human rights standards. He encourages further cooperation with his mandate on this front. 35. The Special Rapporteur would like to take this opportunity to acknowledge the efforts made by Ethiopia to review and re-draft its Charities and Societies Proclamation, Anti-Terror Proclamation and Mass Media and Freedom of Information Proclamation, commend the collaborative process undertaken through the convening of working groups and reaffirm his continued offer to provide technical assistance in this regard (ETH 2/2018). 36. While most of the legislation about which the Special Rapporteur has sent communications in the Africa region pertains specifically to NGOs, in June 2018 the Council of Ministers of Mozambique adopted decree 40/2018, signed by the Prime Minister on 22 July 2018, which established a licencing and registration regime for all types of media (MOZ 2/2018). The decree instituted high fees for media accreditation, including renewal, along with similar fees for media organisations which create new publications and community radio stations, and was instituted without prior consultation with the media. Not only would these high fees create serious impediments to the work of media organisations and limit their freedom of expression, but fees on community organisations may equally limit their right to freedom of association. The Special Rapporteur notes the agreement reached on 24 August 2018 to delay the implementation of the decree while additional regulations regarding fees were developed. 37. The Special Rapporteur raised his serious concerns over the alleged criminalisation of human rights defender Mr. Peter Biar Ajak, who was arrested by security officials at Juba International Airport while traveling to an event organised by the Red Army Foundation, an organisation he helped to found, which supports those who were displaced 7

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