e. In no cases shall inspections be utilized in order to harass or intimidate
associations of which political authorities disapprove.
f.
Where an unjustified inspection occurs, the association in question shall have
the right to a remedy, and sanctions shall be levied against the responsible
parties in a court of law.
35. Authorities shall respect the right to privacy of associations and shall not subject
them to undue surveillance.27 Surveillance may only be pursued in cases where
reasonable suspicion of an infraction of the law has led to a court-issued warrant
authorizing such. Associations and individuals who have their rights to freedom of
association and privacy violated through illegitimate surveillance shall be afforded
appropriate redress.
Internal Governance Structures
36. Associations shall be self-governing and free to determine their internal
management structures, rules for selecting governing officers, internal
accountability mechanisms and other internal governance matters.
a. Law or regulation shall not dictate the internal organization of associations,
beyond basic provisions providing that non-discriminatory and rightsrespecting principles be followed.
b. Associations shall not be required to obtain permission from the authorities
to change their internal management structure or other elements of their
internal rules.
c. Public authorities shall not interfere with associations’ choices of managing
officers, unless such persons are barred by national law from holding the
positions in question on the basis of legitimate grounds as interpreted by
regional and international human rights law.28
d. The law shall not require that physical meetings be held.29
27 For more details, see The Global Principles on National Security and the Rights to Information (Tshwane
Principles), Article 10(E); Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in
Africa, Part 11.
28
Such as, of example, where individuals previously convicted of fraud are barred from holding financial
management positions.
The law may require the identification of governing officers.
29
Both because this is an unnecessary requirement and given the potentials offered by communication
technology.
16 | African Commission on Human and Peoples’ Rights