Intervention à la 61ème session de la Commission Africaine des Droits de l'Homme et des Peuples

AFRICAN COMMISSION ON HUMAN ANDPEOPLES' RIGHTS

61st Ordinary Session

Banjul, The Gambia

November 1 - 15, 2017

Contribution of the WorldOrganisation Against Torture (OMCT)

and FIDH (the International Federation forHuman Rights)

In the framework of theirpartnership,

The Observatory for the Protection ofHuman Rights Defenders

Madam Chairperson, DistinguishedCommissioners and State Delegates,

The World Organisation Against Torture(OMCT) and FIDH, in the framework of the Observatory for the Protection ofHuman Rights Defenders, thank the African Commission onHuman and Peoples’ Rights (ACHPR) for this opportunity to raise some of the keyissues with respect to the situation of human rights defenders in Africa.

While States have the duty to protect human rightsdefenders and to ensure that they operate in a safe and enabling environment,attacks, threats, judicial harassment, criminalisation, legislative andadministrative restrictions, as well as smear campaigns against them continueto perpetuate an environment of hostility towards their activities.

1. Pursuit of criminalisationthreats and violence to silence human rights defenders

In severalcountries, we are concerned that human rights defenders are criminalised in retaliationof their peaceful and legitimate human rights activities recognised andprotected under regional and international human rights instruments.Furthermore, their human rights are often violated while they are arbitrarilydetained or subjected to arbitrary legal proceedings.

In Cameroon, the endless judicialharassment since 2013 of Mr. CélestinYandal, President of the Collectifdes jeunes de Touboro, a youth human rights organisation in the Adamaouaregion of Cameroon, continues as he being prosecuted in two different casesunder trumped up charges, for denouncing human rights violations committed byRey-Bouba’s traditional leader (Lamido) against Touboro’s youths. Hearings inhis case are continuously postponed since the opening of the trial. TheObservatory denounces a flagrant violation of his right to a fair trial whichincludes the right to be tried within a reasonable delay.

Recently,Egyptianauthorities have targeted human rights organisations and individuals providing legalsupport to Giulio Regeni’s family members in the investigation of Italiangraduate who was abducted and tortured to death in Egypt in 2016. The EgyptianCommission for Rights and Freedoms (ECRF) is amongst them. Likewise, Mr.Ibrahim Metwally Hegazy, humanrights lawyer, Co-founder and Coordinator of the Association of the Families ofthe Disappeared in Egypt, who has provided legal support to Giulio Regeni’sfamily, was forcibly disappeared on September 10, 2017, at Cairo InternationalAirport before boarding a flight to Geneva, where he was travelling in responseto an invitation by the United Nations (UN) Working Group on Enforced andInvoluntary Disappearances to attend the proceedings of its 113th Session atthe UN Human Rights Council. The whereabouts of Mr. Metwally Hegazy remainedunknown from that date until September 12, when he was reported to be locatedin State Security Prosecution custody, in Al-Tagammo’ al-Khamis on theoutskirts of Cairo, where he had been interrogated by the State SecurityProsecution (SSP). During his interrogation, he reported being tortured and hishome was searched by security forces. On September 20, 2017, Egypt’s High StateSecurity Prosecution renewed the preventive detention of Mr. Ibrahim MetwallyHegazy for 15 days pending investigation. Mr. Ibrahim Metwally Hegazy is beingsuspected of “founding and leading an organisation that was created illegally”(i.e. the Association of Families of the Disappeared), “spreading false news”and “communicating with foreign entities in order to undermine nationalsecurity”. He is currently detained at the ‘Scorpion’ (Al-Aqrab) high securitywing of Tora prison complex, in solitary confinement, in a cell with refuse andno electricity. He is being denied access to his lawyers and family.

Human rights lawyer at Egyptian Center for Economicand Social Rights (ECESR), Mr. TarekHussein (aka Tito), wasarbitrarily arrested on June 17, 2017, under accusations of “joining an illegalorganisation” and “calling for a protest”. Mr. Tarek Hussein was heldincommunicado until July 27, 2017, preventing his family and lawyers to visithim. Following his enforced disappearance while in detention, Mr. TarekHussein’s family and lawyers filed three successive complaints regarding thevarious violations suffered by Mr. Tarek Hussein. In an attempt to justifyhis detention, authorities claimed that at least 13 verdicts had been issuedall over the country against an individual named "Tarek Hussein", andin one of the cases, police claimed he was sentenced for “stealing electricityin 1993”, his birth year. During the nearly 40 days of his illegal detention,his lawyers submitted documentation and evidence to the authorities to provethat he was not the "Tarek Hussein" in question. One such case is stillpending and will be heard on November 9, 2017. In addition, Mr. Tarek Husseinis being investigated under charges of “inciting protest” by the generalprosecution. Mr. Tarek Hussein’s arrest and arbitrary detention occurred amidstprotest over Tiran and Sanafir islands’ transfer to Saudi Arabia, which he hadbeen vocally opposing.

Furthermore, on June 14, 2017, Ms. Esraa Fehead, Founder and ExecutiveDirector of Horeya for Human Rights Organisation in Port Said and member of theRegional Coalition for Women Human Rights Defenders in the Middle East andNorth Africa, was arrested in front of the Governorate Administration Buildingin Port Said, at the same time as Mr. MahmoudNaguib, former member of the April 6 Youth Movement. Their arrests coincidewith the June 14, 2017, peaceful protests opposing the transfer of Tiran andSanafir Islands to Saudi Arabia, that have resulted in the arrest of 60activists throughout the country. Many of those arrested were forcibly removedfrom the street or their homes, while security forces used excessive force todisperse demonstrators. Mr. Mahmoud Naguib and Ms. Esraa Fehead were both heldin detention and Ms. Fehead was interrogated by the Port Said Prosecution fromJune 15 to June 18, 2017. She was subsequently charged with numerous offensesincluding: “inciting demonstrations”, “disrupting public and general security”,“disrupting production and citizens’ welfare”, “affecting public governmentalfacilities”, “blocking roads and transportation”, “disrupting traffic”,“attacking people and private and public possessions, and subjecting them todanger”. On June 18, 2017, Ms. Fehead and Mr. Naguib were released on abail of EGP 10000 (approx. 495 EUR).

In Morocco, theObservatory reiterates its concerns about the ongoing judicial harassment undercharges of “threat to State security” of Messrs. Maâti Monjib, historian, journalist and President of theassociation “Freedom Now” for freedom of expression in Morocco, Hisham Almiraat, President of the Association des droits numériques (ADN),Hicham Mansouri, Project Officer at the Association marocaine pour le journalisme d’investigation (AMJI), MohamedEssabr, President of the Associationmarocaine d’éducation de la jeunesse (AMEJ), Abdessamad Ait Aicha,former training project Coordinator of the CentreIbn Rochd, journalist and member of the AMJI. Furthermore, Mr. RachidTarik and Ms. Maria Moukrim, respectively President and formerPresident of the AMJI are accused of receiving foreign funding withoutnotifying the authorities. On October 11, 2017, the court decided topostpone their hearing for the eight time, rescheduling it on December 27,2017.

On May 20, 2017, authorities in Niger arrested Mr. Ali Idrissa from his house outside ofNiamey. As the national coordinator of the Réseaudes Organisations pour la Transparence et l’Analyse Budgétaire (ROTAB) andof Publiez ce que vous payez-Niger (PCQVP),Mr. Ali Idrissa has been documenting transparency issues within the country’suranium industry. He was arrested following the ban of a protest planned on May20, calling for the respect of human rights and individual freedoms in Niger aswell as denouncing President Issouou Mahamadou’s poor governance record. Mr.Ali Idrissa was arrested on allegations that he gave interviews to media afterthe protest ban. He was released later this day and further interrogated on May22, 2017. On that day, he was notified that an investigation for “incitingrebellion” against him was still pending.

In Uganda, on June 23, 2017, Mr. Erasmus Irumba, Coordinator of theTwerwaneho Listeners Club (TLC), was set to meet with Uganda People’s DefenceForces (UPDF) senior officials in the province of Ntoroko, at Butungama tradingcenter. Although Mr. Irumba was summoned to “discuss matters of public importance”he was told not to be suspicious as he had no criminal record and since nocriminal charges were pending against him. During the meeting, Mr. ErasmusIrumba and another member of the community, Mr. Siet Kanyoro who wasaccompanying him, were both shot in the leg. Whilst still alive, they were bothput in the boot of a private car, driven to a rural area and shot dead at aclose range. Both lifeless bodies were taken to Buhinga Regional ReferralHospital in Fort Portal, on the wee hours of June 24, 2017. The Observatorycondemns in the strongest terms the murder of Mr. Irumba and urgesauthorities in Uganda to adopt effective measures to ensure the protection ofhuman rights defenders in the country.

In addition, since 2016, the Observatory has documenteda pattern of harassment against TLC members who have been threatened, assaultedand judicially harassed by Ferdsult Engineering Services Limited, aUganda-based engineering, procurement and construction (EPC) company accused ofland grabbing in the Rwenzori region of Uganda. On September 12, 2017, TLCmember, Mr. James Rukanpana was shotin both legs by armed guards hired by Ferdsult Engineering Services Limited inKasenda, Western Uganda. Mr. James Rukanpana had been advocating for the rightsof local communities, and opposing the takeover of over 20 crater lakes byFerdsult Engineering Services Limited. He has actively participated in radiotalk shows and mobilized communities on the issue. TLC and local communitiesfiled a civil court case against the company to secure the rights of localcommunities to access crater lakes for water and domestic fishing. On June 7,2017, the court found that the exclusive use of crater lakes by FerdsultEngineering Services Limited following the lease by Kabarole District was anabuse of the rights of local communities, and ruled in favour of localcommunities. Mr. James Rukanpana had been intrsumental in the success of thecourt case.

Parallel to the civil case filed by TLC againstFerdsult Engineering Services Limited and Kabarole District Local Government, acriminal case filed by Ferdsult Engineering Services Limited has been targetingMessrs. Suleiman Trader, Jackson Magezi, Fred Kyaligonza and ProsperBusinge, four TLC members who had challenged the legality of FerdsultEngineering Services Ltd’s acquisition of 20 crater lakes and eviction ofcommunities in Kabarole District. After being briefly detained on April 28,2017, Messrs. Suleiman Trader and Jackson Magezi were released on April 29,2017, on court bail pending trial. On May 3, 2017, the four human rightsdefenders have been charged under criminal offenses related to the use ofexplosives, electronic gadgets and the poisoning of fish under Chapter 197 ofthe 1970 Fish Act following allegations by Ferdsult Engineering ServicesLimited. The case is pending before Fort Portal Magistrates Court and ifconvicted they would face up to seven years in jail.

In Tanzania, the Observatory isextremely concerned by the wider campaign targeting humanrights defenders working on HIV/AIDS on allegations of “promotinghomosexuality”. On September 17, 2017, 20 people were arrested in hotel in theStone Town area of Zanzibar City (Unguja island) as they were attending atraining about HIV/AIDS education programmes.

On October 17, 2017, Tanzanian police raideda legal consultation convened by Strategic Litigation in Africa (ISLA) and Community Health Servicesand Advocacy (CHESA) at Dar esSalaam’s Peacock Hotel. Thirteen people, including ISLA Executive Director Ms. Sibongile Ndashe and CHESA Director Mr.John Kashiha were detained andsubsequently granted bail on the same day without being charged. However, onOctober 20, 2017, the bail was revoked without any reason provided by theauthorities. This followed a statement by the Police Regional Commissioner Mr.Lazaro Mambosasa, on October 18, 2017, referring to the “arrests of twelvepeople who were promoting homosexuality”. All twelve human rights defenders were arrested, taken intocustody to Dar es Salaam Central Police Station and released on bail on October26, 2017. However, their passports were confiscated upon release.

In addition,on June 3, 2017, Tanzania Students Networking Programme (TSNP), known foradvocating and supporting the role of human rights defenders in public life andcivil society at large, was denied access to the Blue Pearl Hotel, in Dar esSalaam, where they were about to organise the launch of the book Sauti yaWatetezi wa Haki Vyuoni (The Voice of Human Rights Defenders inUniversities), which illustrates the harassment tactics used to remove humanrights defenders from positions in higher education institutions in Tanzania,authored by Mr. Alphonce Lusako, TSNP Secretary General. The Hotel informedTNSP that they could not enter without a permission letter from the police.Three police vehicles then arrived at the hotel while event organisers werenegotiating with hotel management out-front and arrested Mr. John Baraka, TSNP Coordinator. When Mr.Ole Ngurumwa Onesmo, NationalCoordinator of the Tanzania Human Rights Defenders Coalition (THRDC), objectedhis arrest, he was then immediately arrested too. Both were transported toMagomeni Police Station without being notified of any charges pending againstthem. When THRDC lawyer Mr. JonesSendodo asked the police about the nature of the charges, they were unableto confirm any charges and informed him they were awaiting orders from superiorauthorities. On the same day, Messrs. Onesmo and Baraka were later charged withcriminal trespass, after Blue Pearl Hotel filed a complaint stating the men hadforced the hotel to host the launch event for their colleague Mr. AlphonceLusako. Messrs. Onesmo and Baraka were released on bail that same day, withinstructions to report to the police on June 5, 2017. Reporting to the stationon June 5, the men were informed that the Blue Pearl Hotel had not yet filed thedocumentation required to formalize its complaint. They were ordered to returnon June 7, 2017. Besides, when contacted by Mr. Onesmo on June 6, the BluePearl Hotel had claimed to be unaware of any criminal complaint against Messrs.Baraka, and Onesmo, on June 7, Blue Pearl representatives confirmed that theyhad filed a complaint at the direction of an “unknown authority”. The incidentdescribed above is not the first attempt to hinder the book launch event, that wasinitially planned to be held at the Commission of Science Technology (COSTECH),an institution affiliated with the government of Tanzania, which, in violationof a contractual agreement, cancelled, forcing the organisers to move the eventto Blue Pearl Hotel, where THRDC had already organised several events withoutany issue.

2. Constant reprisals against humanrights defenders and civil society organisations promoting democracy andelectoral rights, particularly within electoral contexts

TheObservatory has documented a concerning number of cases of harassment andcriminalisation targeting human rights defenders and civil societyorganisations promoting democracy or electoral rights, including withinelectoral contexts.

In Burundi, since April 2015, following PresidentPierre Nkurunziza’s third term bid, human rights defenders continue to faceincreased intimidation, harassment, physical attacks and in the most worryingcases, enforced disappearance. Many have had to flee the country and continueto face intimidation in their country of relocation.

Mr. GermainRukiki, Association des juristescatholiques du Burundi (AJCB) staff member, President of « NjabutsaTujane », a community-based organisation fighting against poverty andhunger, and former Action des chrétienspour l’abolition de la torture (ACAT-Burundi) staff member, has beenarbitrarily detained since July 13, 2017. The Observatory has documentedseveral infringements to his right to a fair trial since his arrest. Initiallydetained within the National intelligence services (SNR) premises, where he didnot have access to his lawyers and family members, Mr. Rukiki was transferredafter 14 days of detention to Ngozi prison where he remains detained to date.His detention was confirmed by the Tribunal de Grande Instance of Ntahangwa on August 14, 2017. Mr.Rukiki appealed the decision and on October 27, 2017. On October 31, 2017,Bujumbura’s Court of appeal upheld the decision and ordered Mr. Rukiki’s remandin custody. Mr. Rukikiis accused of “undermining State security” and “rebellion” for his cooperationwith ACAT-Burundi in organising protests against President Nkurunziza’s thirdterm bid and publishing reports on the human rights situation in Burundi.

In addition, the Observatory remains particularlyconcerned by the fate of Ms. Marie-ClaudetteKwizera, Treasurer of the LigueBurundaise des Droits de l’Homme « ITEKA », who was forciblydisappeared on December 10, 2015. To date, Burundian authorities have refusedto provide any information about her fate or whereabouts.

In Cameroon, Ms. Maximilienne Ngo Mbe, Réseau des défenseurs des droits humains en Afrique centrale (REDHAC)’sExecutive Director, has received on several occasions, including on May 30, andJune 10, 2017, death threats via text messages. These threats occur in acontext where REDHAC, through Ms. Ngo Mbe, has publicly spoken about therepression of the independence movement in Anglophone Cameroon since November2016.

In the Democratic Republic of Congo (DRC), the Congolese government’s widespread crackdown on human rights andpro-democracy activists opposing President Joseph Kabila’s effort to remain inpower beyond his constitutionally mandated two-term limit, continues as policesforces regularly arrest members of pro-democracy and youth movements ahead of orduring protests and sit-ins.

On July 14 and 15, 2017, ahead of a country-wide peaceful protestdenouncing the national electoral commission’s failure to publish an electoralcalendar, what many considered to be a critical step to ensuring that electionswill be held by the end of 2017 scheduled on July 31, 2017, the NationalIntelligence Agency (ANR) arrested LUCHA members Messrs. Nicolas MbiyaKabeya, Josué Cibuabua Kalonda, Kabongo Kadima, and Ms. MamieNdaya in Mbuji-Mayi. The four LUCHA members were freed on September 29,2017, after two and a half months in arbitrary detention.

On July 31, 2017, authorities arrested at least 128 people in nine citiesduring protests across the country, including 11 journalists and several humanrights defenders. Amongst them Mr. Timothée Mbuya, lawyer, Justicia AsblPresident and member of the NGO Coalition for the respect of the Constitution, Jean-PierreTshibitshabu, Congolese Civil Society (SOCICO) member and journalist onKasumbalesa radio-television, Jean Mulenda, LUCHA member, EricOmari Omba and Patrick Mbuya Kwecha, members of the BomokoFoundation were arrested in Lubumbashi and to date remain in arbitrary detentionat Kasapa Lubumbashi’ central prison. The five human rights defenders are beingaccused of “inciting civil disobedience”. On August 29, 2017, Jean-PierreTshibitshabu, Jean Mulenda, Eric Omba Omari and Patrick Mbuya Kwecha weresentenced to eight months in prison. The first appeal hearing in their case tookplace on October 27, 2017 and was postponed to November 3, 2017. Mr. TimothéeMbuya will appear before court on November 10, 2017.

As pressure was mounting ahead of the August 8,2017 Presidential elections in Kenya, human rights defendersinvolved in monitoring, documenting and observing the electoral campaign andprimaries were attacked, harassed, threatened and even arbitrarily arrested.Journalists and human rights defenders were also barred from documenting,entering or forced to leave campaign meetings. Furthermore, during thesepolitical rallies, intimidating statements and negative rhetoric against humanrights defenders have been used by politicians, government and party officials,accusing them of influencing the outcome of the elections.

In the elections’ aftermath, Kenya’s Non-GovernmentalOrganisation (NGO) Coordination Board de-registered the Kenya Human Rights Commission (KHRC) and the Africa Centre for Open Governance (AfriCOG) and instructedauthorities to restrain their work, on grounds of tax evasion, illegal bankaccounts and illegal hiring of expatriates. The NGO Coordination Board alsorequested the Central Bank of Kenya to freeze KHRC’s assets and the KenyaRevenue Authority (KRA) to recover accrued taxes. Both organisations were atthe frontline of elections monitoring and had been vocal in highlightingseveral concerns about the electoral process and the violence in the aftermathof the electoral results. KHRC is regularly harassed by the NGO CoordinationBoard which has been leading a smear campaign against the organisation onsimilar baseless grounds since 2015. These same allegations were successfullychallenged by KHRC before the High Court in 2015. Yet, the NGO Coordination Boardrevived these matters in late 2016 and now against the backdrop of the disputedelections.

Furthermore,after the official announcements of the disputed results and the Kenyan SupremeCourt ruling to cancel the elections results and order new elections, humanrights defenders who have witnessed or attemptedto document the excessive and disproportionate use of force by Kenyansecurity forces - including the indiscriminate use of teargas and live bullets,and extra-judicial killings - have subsequentlybeen targeted by police, harassed and received threats.

In Morocco,amidst a growing social unrest in the Rif region, which rapidly spread to otherregions of the country, several human rights defenders have been targeted bythe authorities. Mr. Hamid El Mahdaoui,director of news website Baldil.info,and Mr. Rabie Al-Albak, journalistwith Baldil.info in Al Hoceima, haverespectively been arbitrarily detained since May 28 and July 20, 2017, forcovering the protests. On September 20, 2017, Mr. Hamid El Mahdaoui wassentenced by Al Hoceima Court of Appeal to one year in prison and a 20,000Dirhams fine (approx. 1 798 Euros) under charges of “incitement to commit aserious offence through public speech”. Mr. Hamid El Mahdaoui is also beingprosecuted under charges of “failure to report attempts to undermine Statesecurity”. The trial is ongoing. Mr. Rabie Al-Albak, is being accused ofreceiving foreign funding to carry out propaganda activities and underminingState security. The Observatory is particularly concerned by the psychologicaland physical integrity of the two human rights defenders who have reportedlystarted long-lasting hunger strikes to protest their detention and judicialharassment.

As the Parliament of Uganda discusses theconstitutional amendment to lift presidential age limit toallow President Yoweri Museveni, 73, to run for another term in 2021,authorities have attempted to silence several human rights organisations. On September 20, 2017, police raided the premises of ActionAid Uganda (AAU) and Great Lakes Institute for Strategic Studies(GLISS) in Kampala, as well as the house of GLISS Executive Director,Mr. Godbar Tumushabe. Search warrants included allegations of“illicit transfer of funds for funding unlawful activities”. Following thesearch, on October 4, 2017, Mr. ArthurLarok, Country Director, and Mr. BrunoSsemaganda, Head of Finance of AAU, were summoned to appear before theCriminal Investigation Directorate (CID) on October 6, 2017. They were bothfurther interrogated by the CID on October 10, 2017, although no charges havebeen levelled against them yet. On October 13, 2017, the Deputy Governor of theBank of Uganda ordered the freezing of the five accounts held by AAU, becauseof the investigation the CID is conducting against the organisation underallegations of “conspiracy to commit a felony” and “money laundering”. Inaddition, on October 11, 2017, the Ministry of Internal Affairs requested 27NGOs to submit specific ‘financial information’ to the NGO Bureau within a week.The information requested include bank statements of the organisations over thepast three years, annual reports clearly stating activities and sources offunds from 2014 to 2016, all bank account numbers and lists of directors andexecutive directors’ names. The list of organisations includes AAU, GLISS andseveral organisations working on human rights, development, humanitarian aidand democracy[1].Following the publication of the list, on October 14, 2017, State Minister forInternal Affairs, Mr. Obiga Kania, told the press that “in fact they (the NGOslisted) should be closed until they submit their financial information”.

In Zimbabwe,on September 24, 2017, Pastor EvanMawarire, prominent anti-corruption activist wholed last year’s #ThisFlag protestswhich encouraged Zimbabweans to hold protests against President Robert Mugabeaccusing him of corruption, was arbitrarily arrested and subsequentlydetained at Harare central police station. Pastor Mawarire had initially beencharged with “subverting a constitutional government” under Section 22 (2) ofthe Criminal Law (Codification and Reform) Act, Chapter 9:23. Pastor Mawarirewas taken to the Prosecutor General’s office on September 26, 2017. On the sameday Harare Magistrates Court, ordered his release on the ground that under theConstitution of Zimbabwe, no one can be detained more than 48 hours withoutappearing before a court of law. Charges related to his arrest wereconsequently dropped. Similar charges levelled against him in February 2017 weredropped on September 29, 2017.

3. Legislative and administrative restrictions to freedom of associationand assembly, and access to funding for NGOs

The worldwide trend undertaken by someStates to restrict freedom of association and hinder the work of human rightsdefenders by enacting an arsenal of restrictive laws has been particularlyspreading across Africa, where authorities increasingly aim to control,paralyse or even eradicate independent civil society, in blatantbreach of basic human rights standards.

Civilsociety in Egypt is on the brink of collapse as authorities continue tointensify their wave of attacks against human rights organisations. On May 30,2017, Egypt’s draconian NGO law was published in the Official Gazette after Egyptian President Abdel Fattah el-Sisiofficially ratified the repressive NGO law that Egyptian Parliament approved inNovember 2016. The law handcuffs NGOs with regulations and strangles theirfunding mechanisms, essentially eliminating civil society in Egypt under theguise of national security.

NGOs willnow have one year to register with the, yet to be formed, National Authorityfor the Regulation of Non-Governmental Foreign Organisations, created by Law 70of 2017 for Regulating the Work of Associations and Other Institutions Workingin the Field of Civil Work. This authority includes representatives of Egypt’stop national security bodies. No representatives from civil society will serveon it, instead it will be composed of representatives from the Defense Ministry,the Interior Ministry, the Foreign Ministry, the Justice Ministry, the GeneralIntelligence Directorate, the Administrative Control Authority, theInternational Cooperation Ministry, and the Money Laundering Unit. Under Law 70of 2017 for Regulating the Work of Associations and Other Institutions Workingin the Field of Civil Work, all NGOs are prohibited from conducting activitiesthat “harm national security, public order, public morality, or public health,”vague terms that can be abused to constrain any legitimate activity. The NationalAuthority will oversee the work of NGOs, including any funding or cooperationbetween Egyptian associations and any foreign entity. The law prohibits anyEgyptian government body from making agreements with NGOs without theauthority’s approval.

The law alsostrictly controls the funding of NGOs. It states that associations must obtainpermission from the authority 30 days in advance to receive donations fromEgyptian entities or individuals inside Egypt and must inform the SocialSolidarity Ministry upon the receipt of such funds. The law further states thatassociations may receive funding or grants from foreign entities inside Egyptor Egyptian or foreign entities outside Egypt as long as the Authority isnotified within 30 days of receipt. The Authority then has the right to rejectthe funding within a 60-day period following its notification. Associations maynot use these funds within the 60-day review period.

Additionally,the law gives the government the authority to monitor and challenge NGOs’day-to-day activities, from choices in leadership to the schedule of internalmeetings, creating a blanket and ambiguous provision authorizing the Egyptiangovernment to cancel a foreign NGO’s license at any time if its work is deemedto be harming national security, public safety or disturbing public order, orper the principle of reciprocity. The Observatory denounces a legislationcontravening Egypt’s commitment to international and regional human rights lawand undermining the essence of the right to freedom of association itself.

Egyptian authoritiesalso continue their relentless judicial harassment of civil societyorganisations and human rights defenders as part of the case known as the “foreign funding caseNo. 173”, a five-year-old investigation into the funding andregistration of independent human rights groups.

Mr.Mohamed Zaree, Egypt Director of theCairo Institute for Human Rights Studies (CIHRS), and winner of 2017 MartinEnnals Award, was summoned to appear on May 15, and 24, 2017, before theinvestigative judge within the framework of the “foreign funding case No. 173”. Duringthe interrogation session, Mr. Zaree was accused of harming Egypt’s reputationby contributing to the country’s Universal Periodic Review (UPR) report,undermining the country’s reputation including before the European Parliamentand drafting false reports about the human rights situation in Egypt throughhis work at CIHRS. Mr. Zaree is charged — jointly with others human rights defenders— with receiving foreign funds for an unregistered entity (CIHRS) and usingthem for unlawful activities, with the intent of harming national security andinterests. The Observatory recalls that CIHRS was amongst the 37 NGOs listed inthe 2011 Government Fact-Finding Committee report that could be targeted underthe “foreign fundingcase No. 173”. On September 17, 2016, the CairoCriminal Court in Zeinhom ordered the freezing of CIHRS’ assets and those ofits Director, Mr. Bahey el din Hassan, as well as those of several otherdefenders and NGOs. Several CIHRS members have also experienced various acts ofharassment and threats.

Furtherinfringements to the right to freedom of association were reported as on September20, 2017, a committee from the Investment Authority, accompanied by NationalSecurity officers and a police van, entered ECRF’s headquarters office inCairo, claiming to hold a warrant to close down the organisation and attemptedto put a wax seal on the office’s door on grounds that remain unknown. Nowarrant was effectively presented. Lawyers present at the office rejected theseclaims and prevented the closure arguing that it would be illegal since ECRF isa law firm operating in accordance with national legislation. Nonetheless, thecommittee threatened to come again. This unannounced raid and closing attemptoccurs several days after the Egyptian government blocked ECRF’s website onSeptember 5, 2017, and one month after the publication of ECRF’s report onenforced disappearances in Egypt. The report documented 378 cases of enforceddisappearances between August 2016 and August 2017, and labelled the Egyptiansecurity apparatuses as the main actor to be held accountable for these gravehuman rights violations.

TheObservatory expresses its concerns over the on-going attempt by the NigerianNational Assembly to pass a NGO regulatorybill to control the operations of NGOs in violation of Nigeria’sconstitutional guarantees of freedom of association and assembly. The bill seeks to establish an NGO RegulatoryCommission competent to register civil society organisations. According to thebill, the Commission may refuse the registration of an organisation, whichwould be mandatory every two years, if it deems its activities to not be in thenational interests. As drafted, the NGO Billwould enlarge governmental powers to regulate,monitor the funding and operation of civil society organisations. Accordingly,civil society organisations are under the obligation to disclose sources offunding ahead of any project implementation. Furthermore, the use of fundswithout the commission’s permission would amount to a crime punishable by aprison term of up to 18 months.

In Tanzania,the implementation of repressive laws has allowed the ban of eight media housesand the arrest of more than twenty-seven journalists and human rightsdefenders. Since 2010, the government of Tanzania has enacted several lawsputting additional barriers to online freedom of expression and to the work ofhuman rights defenders. Among these new laws, the Cybercrimes Act, which cameinto force in September 2015, has been used as a tool to censor dissent voicesand journalists and to further restrict the right to freedom of expression. Thejudicial harassment of JamiiMedia Managing Director Mr. Maxence Melo and shareholder Mr. Mike William illustrates this worrying pattern. On December 15,2016, the police searched both JamiiMedia premises and Mr. Maxence Melo’shome without any warrant. Furthermore, the police interrogated some Jamii Mediastaff members at their office premises in Mikocheni, Dar es Salaam, and laterat the Central Police Station. The police kept Mr. Melo in custody formore than 48 hours without interrogation and in absence of charges against him,in violation of Tanzanian legislation which sets a four-hour limit for policeinterrogation without charges. However, on December 16, 2016, that the ResidentMagistrate Court of Dar-es-Salaam at Kisutu indicted Mr. Maxence Melo underthree sets of charges: “obstruction of a police investigation” under the 2015Cyber Crimes Act; “not complying with an order of disclosure of data”; as wellas “managing a domain not registered in Tanzania” in contraventi