On 28 March 2021, respected human rights lawyer Professor Christof Heyns passed away, unexpectedly, aged 62.
Most recently, Professor Heyns was the was the Director of the Institute for International and Comparative Law in Africa at the University of Pretoria, and had also served as United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions from 2010 to 2016. See: https://www.trueheroesfilms.org/thedigest/laureates/dfa7df54-3cb2-465c-9655-d139b5486591.
His friends and colleagues pay tribute to a giant of global human rights:
The Centre for Human Rights CHR, in its tribute, called him their “founding father, a trail-blazer, and a constant source of inspiration and encouragement. He was our dynamic initiator-in-chief. He played a pioneering role in positioning the Centre as a pan-African centre of excellence. Constantly brimming with new ideas and grand schemes, plans and projects, he propelled the Centre into new directions and challenged it to explore different dimensions. “To Christof, if something could be conceived, it could be achieved.”
On Monday, the CHR created a memorial page on Facebook in his memory which, within hours, contained hundreds of entries from all over the world. The reactions registered on Facebook, on WhatsApp groups and emails speak volumes about how highly Heyns the man, the mentor, the “rock star” and the lawyer was regarded.
Arnold Tsunga, chairperson of the Southern Africa Human Rights Defenders Network
“The sudden demise of Professor Christof Heyns is a real tragedy to us as a community of human rights activists in southern Africa. As a member of the United Nations Human Rights Committee his contribution to production of General Comment Number 37 on the right to peaceful assembly is invaluable at a time when we are experiencing democratic regression and authoritarian consolidation globally. He is irreplaceable and shall be sorely missed. May his soul rest in eternal peace.”
Raenette Taljaard, former politician and independent analyst
“Prof Christof Heyns was one of South Africa and the world’s great thought leaders and moral authorities on human rights. Beyond his contribution to academia, his work as a UN Special Rapporteur stands as a towering tribute to the right to life in a world where algorithms and lethal autonomous weapons can make life and death decisions that are core to who we are as humanity. His work will live on in the many principled human rights fighters and public intellectuals that have had the privilege to encounter him and to be mentored by him. He will be greatly missed.”
Jason Brickhill, human rights lawyer and former director of the Constitutional Litigation Unit at the Legal Resources Centre
“So very shocked and sad to hear that Christof Heyns has passed on. Such a gentle, wise and self-deprecating soul. I was lucky to be taught by him (about the African regional human rights system) and he supervised my master’s dissertation just over a decade ago. “He did so much to advance human rights in very real, meaningful ways, especially with his work on the African regional system (he was a true pan-Africanist!) and on the right to life at the UN. “He shared with me and other classmates his ‘struggle approach’ to human rights, which is still the foundation for how I think about the law’s role in the world. We will remember you, Christof, and carry with us the ideas that you shared.”
Faranaaz Veriava, head of the Basic Education Rights programme at SECTION27
“Around 1995 I was young and green in my first job, working in the Idasa Pretoria office. Ivor Jenkins, our director, talked me into meeting with a Moroccan delegation visiting the Centre for Human Rights at the University of Pretoria to discuss human rights law. Prof Christof Heyns hosted the delegation. I was probably terrible in that meeting but Prof Heyns was warm and encouraging and I became very interested in the work of the Centre. The next year I registered in the LLM programme at the centre which was a pioneering programme at the time for students all over Africa interested in human rights law. Later I would teach annually in that same programme. Much later, complete my doctorate through the UP law school and then teach at the law school myself. If Ivor Jenkins had not thrown me in at the deep end that day, I wonder if I would have any history with UP – a historically Afrikaans university – and that is now such a positive part of my life. RIP Prof Heyns, a warm and inspiring man and pioneer in human rights law.”
Alice Brown, former resident coordinator, Ford Foundation
“What sad news. I met Christof in the late 1980s through my work with the Ford Foundation. Christof was an innovative human rights academic who was a trailblazer for a number of important rights-focused training programs. In addition, in all my interactions with him over the years, I found him to be a very decent human being.”
Thuli Madonsela, former Public Protector, current law trust chair in social justice, University of Stellenbosch
“What a sad occasion. He was such a mensch, resolutely devoted to developing leaders to advance democracy and human rights in this continent. “The news of the passing of Christof Heyns hit me like a ton of bricks. I have known Christof for all my grown-up life. “A quintessential professional, Christoff invested a lot in developing leaders that are anchored in a sound knowledge and values system regarding human rights and democracy. He was passionate about the African continent and building scholarship in the continent on human rights, democracy and the rule of law. “The country, the continent and the entire world is poorer because of Christof Heyns’ untimely passing, yet richer because of the legacy he leaves behind. It is said leaders do not die, they multiply. Christof leaves pieces of himself among the many scholars he nurtured and policymakers he touched. May his great soul Rest In Peace.” Christof Heyns and the Outlaws — the rock and roll band of the Faculty of Law at the University of Pretoria. Formed in 2007, they always played at the annual Faculty Festival. (Photo: Yolanda Booyzen)
Bongani Majola, Chairperson of the SA Human Rights Commission
“We deeply mourn the untimely passing of Prof Christof Heyns, a giant in the promotion of human rights. Empowering young people has always been his passion. I first met him in the late 1980s/early 1990s when he and I ran a project that sought to open opportunities for final-year law students from the then historically black universities to find placements in commercial law firms. At the time, it was hard for many black law graduates to be admitted to articles of clerkship and even harder – almost impossible to get placed in commercial law firms.
“Another empowerment project that Christof Heyns employed significantly to empower the youth was the moot court competitions that he and his colleagues took beyond the borders of South Africa, the borders of SADC and beyond the boundaries of the African continent. Recently, he had taken the promotion of human rights to schools in the basic education environment, a project that he passed on to the South African Human Rights Commission once it had taken a firm hold among basic education schools.
“He was a visionary who believed in investing in the youth in order to build a strong human rights culture. The country has lost a true human rights activist. He will be sorely missed.”
Edwin Cameron, former Constitutional Court judge
Really terribly shocked and saddened by Christof’s sudden death yesterday. He was a meticulous, conscientious, persistent, courageous fighter for justice and human rights.
Rose Hanzi, director of Zimbabwe Lawyers for Human Rights
“Very very sad. Prof Heyns raised the African continent high with his contributions at the ACHPR [African Commission on Human and Peoples’ Rights] and UN.”
Muleya Mwananyanda, Amnesty International
“So saddened to learn of the death of Prof Christof Heyns. Many of you may know him. He was my teacher and I suspect a few others on this group. What a dedicated Human Rights Activist he was. Beyond teaching, he will be remembered for drafting the General Comment on Freedom of Assembly … he was until his death after a heart attack while hiking a member of the HRC. MHSRIP”
Steven LB Jensen, Danish Institute for Human Rights
“Oh no, this is so sad and shocking news. I met him twice – first in Lund for a two-hour conversation just the two of us and again at the Danish Institute for a meeting on collaborations between our institutions. He was a wonderful person and so easy to engage with. He will be sorely missed by many all around the world.” DM/MC
From Amnesty International staff:
Dr. Agnès Callamard, the new Secretary General of Amnesty International, said: “Christof Heyns was a brilliant human rights lawyer and thinker, gentle person…He leaves behind such an extraordinary legacy.”
Shenilla Mohamed, Executive Director of Amnesty International South Africa, said: “A mighty baobab has fallen! The untimely death of renowned human rights law expert, Professor Christof Heyns, is a devastating loss. In Africa the Baobab Tree is considered a symbol of power, longevity, presence, strength and grace. Professor Heyns was a baobab in the human rights world. A giant in his field, he fought hard for a just world. As Director of the Institute for International and Comparative Law in Africa, he was involved in a number of critical initiatives. His contributions included: Chair of the UN independent investigation on Burundi, leading on the drafting of UN human rights guidelines on peaceful assembly and the use of less lethal weapons. He also served as the UN Special Rapporteur on extrajudicial executions. Hamba Kahle Professor Heyns, Ke a Leboga, Enkosi, Ngiyabonga, Thank you for your service to humanity. You have left indelible footprints and we salute you!”
Sam Dubberley, Amnesty International’s Head of Crisis Evidence Lab, said: “Christof’s support for establishing a hub of Amnesty’s Digital Verification Corps at the Centre for Human Rights at the University of Pretoria was unequivocal. He gave time, advice and space for this project to emerge, and welcomed the Amnesty team on every visit to Pretoria despite his always frantic schedule. Christof made everyone feel valued, and was a source of energy and sage advice. How he will be missed.”
Netsanet Belay, Research and Advocacy Director of Amnesty International, said: “Words fail me to express the profound sense of loss with the sudden passing of Professor Heyns. Like many, I had the privilege of working with him and benefited much from his wisdom, mentorship and guidance. He was a rare breed, one of Africa’s great legal minds, a passionate human rights defender and a kind, passionate, humble person. He nurtured and cultivated a cadre of human rights experts and activists in Africa, including by transforming the human rights centre at the University of Pretoria into a world class institution that produced Africa’s leading human rights scholars and practitioners. His publications on various human rights issues in leading academic journals are testament to his brilliance, wisdom and dedication. He was a true pan-Africanist, as exemplified in his work to champion and strengthen the African Commission on Human and Peoples’ Rights. His passing is also a great loss to Amnesty International. As [recently] as last week we were working with Professor Heyns on the draft report by the African Commission on Human and Peoples’ Rights on the use of force by law enforcement officials in Africa. We shall strive to ensure his last vision [is seen] to fruition. Rest in peace dear brother!”
Rasha Abdul-Rahim, Director of Amnesty Tech, said: “It was devastating to hear of the passing of Professor Heyns. All my thoughts and prayers are with his family and friends. Not only was Christof a renowned human rights expert, he was fiercely justice-focused and an absolute joy and pleasure to work with. Christof wrote the seminal Human Rights Council report that put the human rights risks of autonomous weapons systems on the agenda. He was always extremely generous with his expertise and time. This is a huge loss for the human rights movement, and we will miss him deeply.”
Avner Gidron, Senior Policy Adviser on Amnesty International’s Law and Policy Programme, said: “I worked most closely with Professor Heyns on The Minnesota Protocol on the Investigation of Potentially Unlawful Death in 2016. It’s a practical tool for human rights defenders and advocates around the world seeking accountability for unlawful killings; and it is now a small, but important, part of Christof’s vast legacy. As well as his importance as a brilliant legal mind, scholar and activist, I will remember Christof for actually embodying human rights values: being an incredibly warm, generous and considerate human being. His death is a tremendous loss for the human rights movement, and an unimaginable tragedy for his family and friends.”
Simon Crowther, legal advisor at Amnesty International, said: “Christof was a legal giant who approached his work with kindness, humility, humour and immense intelligence. He will be greatly missed.”
Anja Bienert, Senior Programme Officer at Amnesty International Netherlands, said: “I first met Christof in 2013 and immediately felt connected to him: his sharp mind, the careful and perfectly articulated thoughts on the many pressing human rights issues, but more importantly, his warm and welcoming personality, with whom it was a pleasure to discuss. Since then, he was an ongoing source of inspiration to me and a great ally in the fight for greater protection of human rights. He constantly strove not just to write excellent publications, but to have a real impact for the respect of human rights across the world. We will miss him incredibly. It will be our mission to uphold his great legacy in the field of human rights.”
https://www.amnesty.org/en/latest/news/2021/03/christof-heyns-tribute/
Hans Thoolen on Human Rights Defenders and their awards 
Christof Heyns discusses new UN Comment on Right of Peaceful Assembly
July 30, 2020On 29 July, 2020 Just Security published a lengthy interview of World Justice Project Executive Director Elizabeth Andersen with Christof Heyns, Professor of Human Rights Law at the University of Pretoria and member of the United Nations Human Rights Committee. This is particularly important as a new new General Comment was issued just this week by the United Nations Human Rights Committee providing guidance on this topic at a critical moment, with protest movements on the rise across the globe, and many countries grappling with the appropriate response—something that has become even more complicated with the COVID-19 pandemic and public health restrictions on large gatherings.
The audio podcast is available at WJP. For those who pefere to read there is text version in the link below. Here a teaser:
Christof Heyns [00:13:17] I think the main idea is that peaceful assemblies are a legitimate use of the public and other spaces. If one thinks on a very sort of practical level, streets are used for vehicles, but they also are used for marathons and for markets and so forth. And they’re closed off on a Saturday or whatever the case may be for that purpose. And peaceful assemblies, like these other social gatherings, are a legitimate use of space. So a number of domestic courts–Spain and Israel and others–have said the public space “is not only for circulation but it’s also for participation”. And I like that quote; even in the translation it comes across. So that’s the underlying idea. It is, as you say, part of democracy.
It is also part of the message of the General Comment that peaceful assembly is an individual right. So one should not in the first place think about the entire assembly exercising the right — and is it violent or is it not, or does it cause damage, and as a result that everybody’s responsible — the focus is on the individual. And even if there are some individuals in a larger group who are, in an isolated way, engaged in violence, this cannot be attributed to the group as a whole. Every individual has that right. As far as possible, they should be treated as individuals.
I think also the underlying philosophy is to say that the right of peaceful assembly should be dealt with by the authorities in a “content neutral” way. As you will know, this idea is strongly present in the US jurisprudence, for example. So the idea is, even if those who are engaging in assemblies are your political opponents or you don’t like their particular message for whatever reason, they are still allowed to do so. There may be some exceptions and maybe we can talk about that. But in principle, the approach should be content neutral.
People should be allowed also to exercise the right “within sight and sound” of their target. So by doing that, they can demonstrate to others that they feel strongly enough about this to gather around this. But they can also, for themselves, see what is the support that they have. So if you organize an assembly, if you think you’re going to have a million people and it’s only yourself who shows up, that’s a message to yourself about the popularity and the support for your idea. In fact, Gandhi had this idea that what he did were “experiments with truth”. And I think to some extent that’s true for peaceful assemblies today. It’s a way of testing ideas and then seeing what is the response. Putting your toe in the water, putting up a trial balloon. And in many cases, this can diffuse a situation. So the society as a whole can take note and they can internalize the fact that there are people who feel very strongly about a certain cause and then they can do something about it. So it’s almost the idea of precaution. Even if I’m not persuaded, now, I know that these people feel like that, and I can do something about it instead of it blowing up into a massive problem.
….
Elizabeth Andersen [00:21:06] Well, it’s certainly an ambitious project you undertook and covers a lot of ground, with lots of standards and recommendations detailed. I think it’s interesting to think about how that all plays out in a concrete setting. And so you mentioned the Black Lives Matter movement and current protests, particularly here in the United States where I’m from. I’d be interested if you can share with our listeners how you see the Committee’s guidance helping us evaluate the response to that protest movement here in the United States. What’s appropriate? What’s not?
Christof Heyns [00:21:53] Well, I think a number of the themes of the General Comment are relevant in the United States and in other societies now as well. So the starting point is that this is an individual right. If there are members of a particular group of an assembly who are engaging in violence, this cannot be attributed to all members. In some cases, interventions are needed, not only permitted but actually required, if there is danger to the lives of people, for example, or to property. The state has a duty to protect, but that should be targeted as far as possible to the individuals concerned. These should be targeted interventions
I think the other overriding issue is the one of de-escalation. There are two approaches. One is to escalate the situation and to show superior force, so to speak. And, of course, if that’s done by the state, the other side also tries to show superior force, and it escalates. But the police themselves, and also the politicians, have a duty of de-escalation and to accommodate, to tolerate, some level of disruption, and to work towards preventing the situation from getting out of hand.
Perhaps more particularly, the General Comment also focuses on the use of military staff to do law enforcement – and I think much of that applies to paramilitaries as well. We don’t say this can never be done. But if it’s done, it is under exceptional circumstances, if there is no other way of doing it, and it should be on a temporary basis. And those who are involved must have the necessary training, including the human rights training, because, of course, the training of police and military staff differs very much. And then in the last place, they are bound by human rights standards. So the same standards that apply to the police also apply to military and paramilitary staff.
There’s also the issue of plainclothes police officers and the question of wearing identification. The General Comment emphasizes that law enforcement officials must wear clear identification. This is important for accountability purposes. If plainclothes police are used — and again, it’s not completely excluded, it may be the only way to have a positive intervention — before they use any force or arrest anybody, they have to identify themselves…..
https://www.justsecurity.org/71736/interview-with-christof-heyns-unhrc-general-comment-37-on-the-right-of-peaceful-assembly/
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