78. All authorities involved in administering assemblies shall be adequately trained in human rights law and aware that their primary task is to facilitate peaceful assemblies. 79. The operations of the authority in question should be subject to oversight and monitoring by an independent authority with a rights-advancement mandate, such as an ombudsman or a national human rights institution. III. Scope of Limitations Freedom of Expression 77. States shall fully respect in law and practice the right to freedom of expression through assembly.56 States shall not discriminate among assemblies based on the expression involved. 78. The expression aimed at in and through assemblies is protected by the right to freedom of expression, and includes expression that may give offense or be provocative.57 Hate speech and the incitement of violence are not protected and shall be prohibited.58 79. Speech addressing matters of public concern, public interest or political or policy affairs, including criticism of the state or state officials, including as exercised in the context of an assembly, is given maximum protection under the right to freedom of expression.59 80. The state shall not discriminate against assemblies on the basis of other illegitimate grounds, including sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, migration status, property, socio-economic status, birth, disability, age, sexual orientation or gender identity.60 56 See, e.g., Egyptian Initiative for Personal Rights & INTERIGHTS v. Egypt, Comm. No. 323/06 (2011), paras. 239-256. 57 See International Pen and Others (on behalf of Ken Saro-Wira) v. Nigeria, Comm. Nos. 137/94, 139/94, 154/96 and 161/97 (1998), para. 110. 58 For more on the standards on hate speech in international law, see the Office of the High Commissioner for Human Rights, Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (2012). Resort to hate speech by particular individuals may be appropriately dealt with, where there is no imminent threat of violence, by removal of the person in question, where possible and necessary, and by charges brought against them after the event. 59 See Kenneth Good v. Botswana, Comm. No. 313 (2010), para. 198; Declaration of Principles on Freedom of Expression in Africa, Article XII; Konate v. Burkina Faso, Af. Ct. H.P.R., App. No. 004/2013 (Dec. 5, 2014); Organisation for Security and Cooperation in Europe, Joint Declarations of the representatives of intergovernmental bodies to protect free media and expression (2013). 60 Children’s right to organize assemblies applies with due regard to their evolving capacities. Discriminatory impact is prohibited along with direct discrimination. 26 |  African Commission on Human and Peoples’ Rights