A/HRC/32/36/Add.3
Observations
Responses to communications
248. The Special Rapporteur regrets that he has not yet received a response to his
communication sent during the reporting period, and reminds the Government of
Afghanistan that he considers responses to his communications as an important part of the
cooperation of governments with his mandate. He looks forward to receiving detailed
responses to the questions raised in this letter, at the earliest possible convenience, in
conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21
(2010).
249. The Special Rapporteur reiterates his grave concern at the fatal attack carried out
against members of the AIHRC, which appears to be in direct retaliation for their human
rights work both in Nangerhar Province and in Afghanistan and which can have a chilling
effect on other defenders promoting and protecting human rights in the country. He reminds
the Government of Afghanistan of its positive obligation to ensure that civil society,
including human rights defenders, can carry out their legitimate work free in a safe and
enabling environment without fear of threats or acts of intimidation, harassment or
assassination of any sort.
Australia
250. JAL 15/04/2015. Case no. AUS 4/2015. State reply: 03/06/2015. Allegations
concerning the Federal Government’s discontinuing of funding for basic services in remote
aboriginal communities, which may affect more than 100 such communities in the state of
Western Australia.
251. JAL 12/02/2016. Case no. AUS 1/2016. State reply: 13/04/2016. Alleged restrictions
on the rights to peaceful assembly and freedom of expression in provisions of the Criminal
Code Amendment (Prevention of Lawful Activity) Bill 2015 in the state of Western
Australia.
252. PR 15/02/2016 UN human rights experts urge Western Australia’s Parliament not to
pass proposed anti-protest law
Observations
Responses to communications
253. The Special Rapporteur thanks the Government of Australia for its replies to the
communications sent during this reporting period.
254. The Special Rapporteur wishes to underscore again that indigenous peoples are a
group at risk based on their level of marginalization in the exercise of the rights to freedom
of peaceful assembly and of association (A/HRC/26/29, para. 10). He recalls that “[t]he
rights to freedom of peaceful assembly and of association play a key role in empowering
individuals belonging to groups most at risk to claim other rights and overcome the
challenges associated with marginalization. Such rights must therefore not only be
protected, but also facilitated. It is the responsibility of all stakeholders to ensure that the
voices of individuals belonging to groups most at risk are heard, and taken into account, in
compliance with the principles of pluralism of views, tolerance, broadmindedness and
equity” (para. 72).
255. The Special Rapporteur reiterates his concerns that the provisions of the Criminal
Code Amendment (Prevention of Lawful Activity) Bill 2015 in the state of Western
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