Issue No. 27 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this our final issue: • Kiai completes term as Rapporteur, hands over mandate to Annalisa Ciampi • A thank you message from former Special Rapporteur Maina Kiai – and news on work yet to come • Kiai launches FOAA Online! – a web-based collection of legal arguments on assembly and association rights • Special Rapporteur files interventions in South Africa and Zimbabwe cases • Venezuela: allow peaceful protests and investigate killing of demonstrators • UN experts urge Russia to drop Jehovah’s Witness lawsuit which threatens religious freedom • Russia: “Immediately release detained peaceful protesters” • UN rights experts urge lawmakers to stop “alarming” trend to curb freedom of assembly in the US • Ahead of referendum, UN experts warn Turkey about impact of purge on rights • UN experts urge United Arab Emirates: “Immediately release Ahmed Mansoor” • Belarus: expert decries of violence against protestors, demands release of all detained • Hungary urged by UN expert to reconsider new law targeting Central European University • Maina Kiai’s Testimony... 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 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 →
PRETORIA, South Africa – Overcoming the current wave of government efforts to silence peaceful activists across the globe is “the great challenge of our time,” UN Special Rapporteur Maina Kiai told African civil society leaders this week. Civil society, donors and activists “must do better” in order to address this challenge, Kiai said, including by becoming more creative in how they confront restrictions on their fundamental rights to freedom of peaceful assembly and of association. He focused particularly on donors, whom he said often utilize dated and inappropriate benchmarks to measure civil society’s work. “Donors need to be more flexible in funding human rights work,” Kiai told participants. “Some want results in six months, but you don’t get that with human rights work. That’s not the way human rights works.” Kiai’s remarks came during a two-day conference in Pretoria on protecting civic space, organized by the International Center for Not-for-Profit Law, CIVICUS, the Community of Democracies and the Special Rapporteur’s office. The event brought together civil society leaders from 14 countries, and served as the African regional dialogue in the joint Special Rapporteur-Community of Democracies project on civic space and the right to access resources, which began earlier... Continue reading →
