Tag - Africa ( 71 )

News | Zimbabwe: Kiai intervenes in African Commission case alleging suppression of WOZA’s assembly rights

Apr 28 2017

BANJUL/NAIROBI – Special Rapporteur Maina Kiai has filed an amicus curiae brief before the African Commission’s top human rights body, in a case concerning peaceful assembly rights in Zimbabwe. The case, Jenifer Williams, Magodonga Mahlangu and Women of Zimbabwe Arise (WOZA) v. The Republic of Zimbabwe, was originally filed before the African Commission on Human and People’s Rights in 2013. The applicants allege that Zimbabwean authorities have systematically suppressed their ability to engage in peaceful protest and public demonstrations through a pattern of threats, harassment, physical abuse and torture, disproportionate and excessive use of force, illegal dispersals as well as arbitrary arrests and detentions. The State argues that it only took actions in response to failures to respect laws of general application such as the failure to comply with prior notification requirements. The Special Rapporteur’s brief – which was filed on April 28 – does not take a position on the facts of the case, but instead outlines relevant regional and international law, norms and standards on the right to peaceful assembly. Specifically, it examines (1) notification and authorization requirements; (2) sanctioning non-notification or peaceful participation in an assembly – clarifying that there is... Continue reading →

News | South Africa Gatherings Act imposes ‘illegitimate’ restrictions on assemblies, Special Rapporteur tells court

Apr 10 2017

NAIROBI/CAPE TOWN – The notification provisions of South Africa’s Gatherings Act constitute “illegitimate” restrictions on the right to freedom of peaceful assembly, according to a brief filed by Special Rapporteur Maina Kiai before a court in Cape Town. The amicus curiae brief was filed on 31 March 2017 in the appeal of Phumeza Mlungwana, et. al vs. the State, which concerns the constitutionality of section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993. The act imposes criminal sanctions on any person who convenes a gathering of more than 15 people without notifying the relevant authority. Sanctions can also be imposed for “inadequate” notification. The case arose from a peaceful protest at the Cape Town Civic Centre on 11 September 2013. Police arrested 21 people and charged them under section 12(1)(a) of the Gatherings Act for convening a gathering without providing notice to the relevant municipal authority. The 10 individuals who filed the appeal were convicted on 11 February 2015. In his brief, the Special Rapporteur notes that State authorities are permitted to request notification for assemblies in order to fulfill their positive obligation to facilitate such assemblies. But this should not be construed as a permission requirement, he added. Thus, the imposition of... Continue reading →

Report | Uganda communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with Uganda by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Uganda. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Uganda, English). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) Joint allegation letter, 29/03/2012. Case no. UGA 2/2012. State Reply: None to date. Alleged re-tabling of a Bill, which would violate fundamental principles and norms of international human rights law if enacted. Joint allegation letter, 31/05/2012. Case no. UGA 3/2012.... Continue reading →

Report | Burundi Communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with Burundi by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Burundi. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Burundi, French). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) Joint allegation letter, 23/08/2012. Case no. BDI 3/2012. State Reply: Aucune à ce jour. Allégations de la condamnation d'un président d'une association. Allegation letter, 20/12/2012. Case no. BDI 4/2012. State Reply: Aucune à ce jour. Allégations de deux projets... Continue reading →

Report | Sudan communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with Sudan by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Sudan. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Sudan, English). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 15/2/2012. Case no. SDN 1/2012. State Reply: None to date. Alleged excessive use of force during peaceful demonstrations. Observations The Special Rapporteur regrets that no reply has been received from the Government of Sudan to the urgent appeal sent during the reporting period. He considers responses to his... Continue reading →

Report | Republic of Congo communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with the Republic of Congo by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from the Republic of Congo. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of the Republic of Congo, French). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) None Third Report (March 1, 2013 to February 28, 2014) None Fourth Report (March 1, 2014 to February 28, 2015) None Fifth Report (March 1, 2015 to February 28, 2016) Joint allegation letter, 09/12/2015. Case no. COG 2/2015.... Continue reading →

Report | Rwanda communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with Rwanda by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Rwanda. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Rwanda, French). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) None Third Report (March 1, 2013 to February 28, 2014) None Fourth Report (March 1, 2014 to February 28, 2015) Joint urgent appeal, 08/12/2014. Case no: RWA 2/2014. State reply: None. Alleged arrests and detentions of ousted members of the non-governmental organization... Continue reading →

Report | Kenya communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with Kenya by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Kenya. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Kenya, English). First Report (May 1, 2011 to March 15, 2012) None. Second Report (March 16, 2012 to February 28, 2013) Joint urgent appeal, 15/08/2012. Case no. KEN 1/2012. State Reply: None to date. Alleged threats against human rights defenders, including death threats and surveillance. Other letter, 27/08/2012. Case no. KEN 3/2012. State Reply: None to date. Alleged landmark decision of... Continue reading →

Report | Ethiopia Communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with Ethiopia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Ethiopia. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Ethiopia, English). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 5/10/2011. Case no. ETH 4/2011. State Reply: 17/2/2012. Alleged arrests, detention and charges under anti-terrorism legislation of journalists and opposition politicians. Joint allegation letter, 9/12/2011. Case no. ETH 6/2011. State Reply: None to date. Alleged strict implementation of the Charities... Continue reading →

Report | Democratic Republic of the Congo Communications: May 1, 2011 to February 28, 2017

Feb 28 2016

This page summarizes cases raised with the Democratic Republic of the Congo by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from the Democratic Republic of the Congo. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of the Democratic Republic of the Congo, French). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) Joint urgent appeal, 20/09/2012. Case no. COD 4/2012. State Reply: Aucune à ce jour. Allégations de la détention d'un militant associatif et de la disparition forcée d'un militant... Continue reading →