A/HRC/41/41/Add.1
to bringing perpetrators to justice, and to safeguard the rights of demonstrators to life, to
freedom of peaceful assembly and to freedom of expression, among others.
27.
Reports of excessive use of force against protesters were raised with the
Government of Uganda (UGA 5/2018), who earlier that year also instituted a presidential
decree introducing an Over-The-Top tax on telecommunications companies. Protests broke
out in Kamwokya and Mityana following the arrests and killings of a number of members
of the political opposition by the Uganda Police Forces and the Special Forces Command,
an elite Presidential force. The protests were suppressed with tear gas and live ammunition.
28.
Regarding the Over-The-Top tax introduced in Uganda (UGA 3/2018) in March
2018, the Special Rapporteur raised his joint concerns that such a tax, which would require
over-the-top services such as WhatsApp, Skype, Viber and Facebook to pay UGX 200
(approximately USD 0.05) per user per day of access, could result in deleterious
consequences for the freedom to assemble peacefully online. He is further concerned that
such decree was not preceded by any form of public consultation. As of 1 July 2018,
telecommunications companies in Uganda blocked access to social media platforms to all
users, requiring them to pay for access in order to cover the tax costs. For some users, this
added cost may have prevented them from actively participating in online spaces. The
Special Rapporteur notes that restrictions to freedom of peaceful assembly, which includes
online assembly, must be prescribed by law. The Special Rapporteur also notes that in the
context of the aforementioned protests in Zimbabwe and Sudan, internet shutdowns
occurred which also hindered the organisation of assemblies and jeopardised the right to
freely assemble peacefully online.
29.
In Comoros, the Special Rapporteur expressed his worries over the apparent
crackdown on freedom of assembly in the context of a constitutional referendum regarding
the abolition of presidential term limits (COM 1/2018). According to allegations received,
beginning in the month of May 2018, authorities banned assemblies and demonstrations
across the country without justification. These bans were accompanied by a strong police
presence, the closing of public spaces which would ordinarily be used for assemblies and
the arrest of protest organisers. This crackdown is associated with allegations of the general
shrinking of civic space in Comoros, illustrated by the arrests of approximately 80
opposition politicians, writers, lawyers and police officers for their alleged participation in
an attempted coup d’état, and comments from the Minister of Interior which threatened the
imprisonment of protesters and those with dissenting voices.
Freedom of association
30.
The Special Rapporteur sent communications concerning the right to freedom of
association to Ethiopia, Mozambique, Burundi, Malawi, Sierra Leone and South Sudan,
among others during the reporting period. The Special Rapporteur thanks the Government
of Sierra Leone for its reply dated 15 February 2019 and urges those States who have not
yet provided responses to do so at the earliest available opportunity.
31.
Of the communications listed above, the Special Rapporteur takes note of three
communications sent regarding legislation or regulations concerning non-governmental
organisations, which may have the effect of unjustly limiting their right to freedom of
association.
32.
In Burundi (BDI 3/2018), the Special Rapporteur raised concerns over the
declaration made by the National Security Council to suspend the activities of international
NGOs from 1 October 2018 for three months. According to the declaration, the suspension
of these international NGOs was implemented in order to ensure conformity with a 2017
law which regulated them, as allegedly most of the 130 international NGOs in the country
were not respecting it. To this end, all of the international NGOs in Burundi were required
to submit a number of documents to the Minister of Interior in order to show conformity.
Without rendering an assessment on the law, which requires strict financial assessments of
these organisations and ethnic quotas of employees, the blanket suspension of all
international NGOs in Burundi appears to have been a disproportionate affront to freedom
of association in the country. Furthermore, the Special Rapporteur notes that the suspension
of the activities of these NGOs may have been done without due regard being given to the
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