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
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