b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

In June, August, and September, REPS officials used nonlethal measures to control and disperse crowds when protesters deviated from agreed routes or provoked the police by throwing stones or trying to enter government facilities without authorization. Some protesters experienced non-life-threatening injuries during these incidents.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The federal provisional constitution provides for freedom of peaceful assembly, but the government limited this right. A general lack of security effectively limited this right as well. The federal Ministry of Internal Security continued to require its approval for all public gatherings, citing security concerns, such as the risk of attack by al-Shabaab suicide bombers.

In May Somaliland authorities in the Sool region arrested 57 demonstrators for staging a protest in support of Somali unity, including some in support of Puntland. All the demonstrators were later released.

Al-Shabaab did not allow any gatherings without its prior consent.

FREEDOM OF ASSOCIATION

The provisional federal constitution provides for freedom of association, but government officials harassed NGO workers. There were also reports that regional authorities restricted freedom of association. Al-Shabaab did not allow most international NGOs to operate.

Persons in the southern and central regions outside of al-Shabaab-controlled areas could freely join civil society organizations focusing on a wide range of problems. Citizens generally respected civil society organizations for their ability to deliver social services in the absence of functioning government ministries.

Regional administrations took steps to control or gain benefit from humanitarian organizations, including by imposing duplicative registration requirements at different levels of government; attempting to control humanitarian organization contracting, procurement, and staffing; and using opaque and vague taxation.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, and the government generally respected this right. According to SAPS, from April 2017 through March there were 11,058 peaceful protests and an additional 3,583 demonstrations that turned violent. Protest action was most common in Gauteng, North West, Western Cape, and KwaZulu-Natal Provinces.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association, and the government generally respected this right.

b. Freedom of Peaceful Assembly and Association

The government generally respected freedom of peaceful assembly but restricted freedom of association.

FREEDOM OF PEACEFUL ASSEMBLY

The transitional constitution provides for freedom of peaceful assembly, and the government generally respected this right, but many citizens did not gather due to fear of targeted violence. Security officials lacked nonviolent crowd control capabilities and at times fired live ammunition into the air to disperse crowds.

In February security officials disrupted and dispersed a meeting of the South Sudan Civil Society Forum, which had met to discuss the peace process.

FREEDOM OF ASSOCIATION

The transitional constitution provides for freedom of association, but the government did not respect this right for those suspected of associating with or having sympathies for opposition figures (see section 1.g.). Some civil society leaders interpreted the 2012 Political Parties Act as an attempt to suppress opposition to the SPLM (see section 3).

A law passed in 2016 strictly regulating the activity and operations of civil society was widely enforced throughout the year. The law focused particularly on NGOs working in the governance, anticorruption, and human rights fields, and it imposed a range of legal barriers including limitations on the types of activities in whichorganizations can engage, onerous registration requirements, and heavy fines for noncompliance. Human rights groups and civil society representatives reported NSS officials continued surveillance and threats against civil society organizations.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedom of peaceful assembly, and the government generally respected this right. The law provides for fines of up to 600 euros ($690) for failing to notify authorities about peaceful demonstrations in public areas, up to 30,000 euros ($34,500) for protests resulting in “serious disturbances of public safety” near parliament and regional government buildings, and up to 600,000 euros ($690,000) for unauthorized protests near key infrastructure. By law any protestors who refuse to disperse upon police request may be fined.

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected it.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government restricted these rights in a limited number of cases.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. The constitution stipulates that the freedom of assembly may be restricted in the interest of religious harmony, national security, public order, or the protection of public health or morality. It also may be restricted in the interest of securing due recognition and respect for the rights and freedoms of others, or in the interest of meeting the just requirements of the general welfare of a democratic society. Under Police Ordinance Article 77(1), protesters must seek permission from the local police before holding a protest.

FREEDOM OF ASSOCIATION

The law provides for freedom of association but limits the right, for example, by criminalizing association with or membership in banned organizations. Christian groups and churches reported some authorities classified worship activities as “unauthorized gatherings” and pressured them to end these activities. According to the groups, authorities sometimes justified their actions stating the groups were not registered with the government, although no law or regulation specifically requires such registration.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government restricted these rights.

FREEDOM OF PEACEFUL ASSEMBLY

Although the Interim National Constitution and law provide for freedom of peaceful assembly, the government severely restricted this right. The criminal code makes gatherings of more than five persons without a permit illegal. Organizers must notify the government 36 hours prior to assemblies and rallies.

On March 9, a Public Order Court convicted 12 youths of gross indecency, committing an indecent or immoral act, and alcohol and drug consumption. The individuals were arrested at Burri Beach in Khartoum and accused of belonging to a sunworshipping cult, after they had brought mattresses to sleep on the beach with the intention, reportedly, of waking early to watch the sunrise and then slaughter a sheep.

The government continued to deny permission to Islamic orders associated with opposition political parties, particularly the Ansar (Umma Party) and the Khatmiya (Democratic Unionist Party), to hold large gatherings in public spaces, but parties regularly held opposition rallies on private property. Government security agents occasionally attended opposition meetings, disrupted opposition rallies, or summoned participants to security headquarters for questioning after meetings. Opposition political parties claim they were almost never granted official permits to hold meetings, rallys, or peaceful demonstrations. Security forces used tear gas and other heavy-handed tactics against largely peaceful protests at universities or involving university students. NISS and police forces regularly arrested Darfuri students at various universities for publicly addressing civilians).

FREEDOM OF ASSOCIATION

The Interim National Constitution and law provide for freedom of association, but the government severely restricted this right. The law prohibits political parties linked to armed opposition groups. The government closed civil society organizations or refused to register them on several occasions.

Government and security forces continued arbitrarily to enforce legal provisionsthat strictly regulate an organization’s ability to receive foreign financing and register public activities. The government maintained its policy of “Sudanization” of international NGOs. Many organizations reported they faced administrative difficulties if they refused to have progovernment groups implement their programs at the state level.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

In contrast with 2017, there were no violations of the freedom to peaceful assembly during the year.

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.