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 →
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 →
This page summarizes cases raised with Côte d’Ivoire 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 Côte d’Ivoire. 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 Côte d’Ivoire, 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, 11/03/2014. Case no: CIV 1/2014. State reply: None. Allégations d’attaques physiques et menaces de mort... Continue reading →
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 →
This page summarizes cases raised with Togo 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 Togo. 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 Togo, 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) None Sixth Report (March 1, 2016 to February 28, 2017) Joint urgent appeal, Case no. TGO 1/2016 State... Continue reading →
This page summarizes cases raised with South Africa 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 South Africa. 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 South Africa, English). 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) None Sixth Report (March 1, 2016 to February 28, 2017) Joint allegation letter,... Continue reading →
This page summarizes cases raised with Mozambique 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 Mozambique. 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 Mozambique, English). 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) None Sixth Report (March 1, 2016 to February 28, 2017) Joint allegation letter, Case no.... Continue reading →
This page summarizes cases raised with Gambia 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 Gambia. 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 Gambia, English). 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) None Sixth Report (March 1, 2016 to February 28, 2017) Joint allegation letter, Case no. GMB 1/2016... Continue reading →
This page summarizes cases raised with Gabon 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 Gabon. 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 Gabon, 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) None Sixth Report (March 1, 2016 to February 28, 2017) Joint allegation letter, Case no. GAB 1/2016... Continue reading →
This page summarizes cases raised with Sierra Leone 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 Sierra Leone. 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 Sierra Leone, English). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 23/9/2011. Case no. SLE 1/2011. State Reply: None to date. Alleged threats against human rights defender. Observations The Special Rapporteur regrets that no reply has been received from the Government of Sierra Leone to the communication dated 23 September 2011. He considers responses to his... Continue reading →
