A/HRC/41/41/Add.1 Freedom of peaceful assembly 23. The Special Rapporteur sent communications concerning the right to freedom of peaceful assembly to Uganda (2), Comoros, Zimbabwe and Sudan, among others, during the reporting period. The Special Rapporteur thanks the Government of Zimbabwe for its response dated 30 April 2019 and the Government of Sudan for its response dated 20 February 2019, however he regrets that he received no responses from Uganda or Comoros for the communications sent on 11 September 2018 and 19 October 2018, and 29 November 2018 respectively. He hopes to receive responses to all of the communications sent as soon as possible. 24. The Special Rapporteur raised grave allegations regarding the excessive use of force by security forces in the dispersal of protests, including the use of live fire against protestors, which resulted in a number of deaths (ZWE 1/2019). Between 14 and 16 January 2019, the Zimbabwean Congress of Trade Unions called on its members to carry out a three-day “stay away” strike in protest against rising fuel prices. During the same period, similar protests in Harare and Bulawayo were allegedly violently suppressed by security forces with live ammunition, resulting in 12 deaths, a number of other injuries and widespread arrests against large numbers of trade unionists, opposition members and human rights defenders. The Special Rapporteur wishes to thank the Government of Zimbabwe for the information provided in its response received on 30 April 2019, including the statistics on the number of cases brought before the courts. However, he remains concerned by the failure of the Government to provide detailed information on any investigations which may be underway concerning disproportionate use of force by law enforcement. Indeed, the Government of Zimbabwe abjectly denies such allegations. 25. The Special Rapporteur is also seriously concerned by allegations regarding the targeting of the President and General Secretary of the Zimbabwean Congress of Trade Unions, Messrs. Peter Mutasa and Japhet Moyo, which may seriously undermine their exercise of the right to freedom of association. Furthermore, the Special Rapporteur is greatly preoccupied by the vague wording of the charge against Mr. Moyo (Section 22(a)(iii) of the criminal code), which states that “[a]ny person who… organises or sets up, or advocates, urges or suggests the organisation or setting up of, any group or body with a view to that group or body…coercing or attempting to coerce the Government;… shall be guilty of subverting… constitutional government and liable to imprisonment for a period not exceeding twenty years without the option of a fine”. Given the broad number of actions that the term “coerce” may encompass, the Special Rapporteur notes the ambit for abuse that such legislation may have, and its potential to be used to the detriment of freedom of association in Zimbabwe. 26. Allegations of arbitrary arrests and the excessive use of force including the use of live ammunition in the dispersal of protests were also raised by the Special Rapporteur with the Government of Sudan (SDN 1/2019). According to authorities, at the time of writing the communication, 31 people had been killed by excessive use of force by security forces, including through the use of snipers. According to a particularly grave allegation, security forces pursued a number of protesters who were taking shelter inside a hospital, firing tear gas and live ammunition at them. Reports also allege violations of the right to freedom of association through the systematic arrests of opposition politicians and the targeting of members of the Sudanese Professionals’ and Engineers’ Associations. While the Special Rapporteur thanks the Government for the information provided in its response regarding criminal investigations which have taken place into reports of excessive use of force, he regrets the labelling of protesters as saboteurs and infiltrators. He also notes that while the Government stated that in the majority of cases permits were not obtained for protests, the failure of protesters to obtain a permit does not in and of itself render a demonstration unlawful. The Special Rapporteur takes note of the transition of power following the arrest of President Al-Bashir, which was precipitated by widespread peaceful protests, however he expresses grave concerns over recent allegations regarding further serious acts of violence which followed. He calls upon the Transitional Military Council to prevent any further escalation of violence against peaceful demonstrators, to investigate allegations of excessive use of force by security forces, including the Rapid Support Forces, with a view 5