During the 65^th Ordinary Session of the African Commission on Human and Peoples’ Rights and the preceding NGO Forum, held in Banjul, The Gambia from October 16-23, 2019, ICNL engaged with diverse CSOs across the region and contributed to resolutions addressing the AU member states on civic space situations in countries including Tanzania and Zimbabwe. During the session, ICNL collaborated with the UN Special Rapporteur on the rights to peaceful assembly and association, Clement Voule, to convene a discussion of his thematic report on Freedom of Association and Assembly in the digital age reflecting on perspectives from Africa. ICNL moderated the panel which comprised distinguished speakers including UN Special Rapporteur Voule, the UN Special Rapporteur on the Situation of Human Rights Defenders, Michel Forst, the ACHPR’s Special Rapporteur on Human Rights Defenders and CSO representatives from the Pan-African Lawyers Union (PALU) and the Center for Human Rights at the University of Pretoria. The panel provided insights on emerging threats in the digital space impacting the work of civil society and human rights defenders on the continent. The AU-UN Joint framework on Human Rights and the AU 10-year Action Plan on Human Rights were noted among key frameworks to address threats to civic space at the policy level and potential avenues for further engagement for civil society.

From July 9-10 ICNL participated in the first virtual NGO Forum for NGOs preceding the 66th Session of the African Commission on Human and Peoples’ Rights (ACHPR). ACHPR commissioners joined around 120 participants remotely for discussions under the theme “The Impact of Covid-19 on Human Rights and Governance in Africa.” ICNL contributed to drafting the Resolution on the Protection of Human Rights in Africa during the COVID-19 Pandemic, which the Forum submitted to the ACHPR during its 66th Ordinary Session. ICNL also participated in the virtual ACHPR Session, where we provided information to the Commission on legislative developments and trends in Africa using information that we have been compiling for the ICNL Covid-19 Civic Freedom Tracker.

In Southern Africa partners, led by the Human Rights Institute of South Africa, used the Guidelines to develop tools to standardize monitoring and reporting on the state of association and assembly rights in the Southern African Development Community (SADC). The Vice Chairperson of the ACHPR publicly launched the tools (available in English, French and Portuguese) in a virtual event on the sidelines of the SADC Summit on August 18. The tool will assist researchers to collect data and report on freedom of association and assembly developments in an evidence-based and standardized manner. Pilot research is currently underway in DRC, Lesotho, Malawi and South Africa.

A Checklist to assess whether COVID-19 legal measures comply with international legal guidance to protect association and assembly rights issued by the African Commission on Human and Peoples’ Rights (Human Rights Based Effective Response to Covid-19 in Africa) and the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and association (Ten Key Principles to ensure measures respect human rights to association and peaceful assembly).

A Briefer on the international legal framework governing public health emergencies. It covers existing international human rights treaties that set out the parameters for protecting fundamental rights in times of emergency to assist states in ensuring a rights-respecting response.

A Briefer outlining the Open Government Partnership system and how this approach can help protect civic space during the pandemic. It provides examples that enable individuals and organizations to review new measures, share concerns directly with law and policymakers, and continue to protect fundamental human rights while controlling the pandemic.

An overview that outlines measures introduced by the Kenyan government to address the coronavirus pandemic, noting instances where a measure has restricted or may restrict civic space.

An overview that outlines measures introduced by the Malawian government to address the coronavirus pandemic, noting instances where a measure has restricted or may restrict civic space.

ICNL works with Defenders Protection Initiative to provide a platform for civil society actors to engage, exchange and learn more about Financial Action Task Force (FATF) processes so as to collectively and effectively respond to growing civic space restrictions arising from FATF-inspired government over-regulation. The project aims to capacitate civil society to better understand FATF processes and the role of civil society; generate knowledge through thematic research on FATF processes and their impact on civic space; and promote constructive dialogue amongst civil society actors, financial intelligence authorities and other relevant national institutions, and FATF, particularly through the regional FATF body.

ICNL works with the West Africa Civil Society Institute to strengthen the capacity of civil society actors to understand and collectively and effectively respond to growing civic space restrictions arising from AML/CTF-inspired government over-regulation with the ultimate goal of engendering an enabling environment for civil society’s operation in West Africa. WACSI is developing a handbook on AML/CTF and FATF for CSOs and equipping a pool of trainers from 11 anglophone and francophone West African countries (Cote D’Ivoire, Benin Republic, Senegal, Ghana, the Gambia, Nigeria, and Sierra Leone) with in-depth knowledge on AML/CTF and FATF issues.

ICNL provides support to two civil society partners in Zambia to build capacity of local CSOs to engage in FATF processes and develop strategies to counter civic space restrictions. Partners have undertaken desk research assessing the impact of the AML/CFT and FATF processes in Zambia, which has enabled targeted advocacy with government; trained CSOs at national and provincial levels, which has led to the formation of a national working group on AML/CFT to spearhead civil society involvement in FATF processes; and sustained media engagements that promote broader public awareness and understanding of AML/CTF frameworks and their impact on civic space.