Part 1: Freedom of Association I. Legal Framework 4. The right to freedom of association is guaranteed under Article 10 of the African Charter, Article 8 of the African Charter on the Rights and Welfare of the Child, and Articles 12(3), 27(2) and 28 of the African Charter on Democracy, Elections and Governance. 5. The right to freedom of association is also guaranteed under Article 20 of the Universal Declaration of Human Rights, Article 22 of the International Covenant on Civil and Political Rights, Article 15 of the International Convention on the Rights of the Child, Article 7(c) of the Convention on the Elimination of All Forms of Discrimination Against Women, Article 26 and 40 of the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families, Article 15 of the 1951 Convention Relating to the Status of Refugees, Article 24(7) of the International Convention for the Protection of All Persons from Enforced Disappearance, and Article 29 of the Convention on the Rights of Persons with Disabilities. 6. National constitutions shall guarantee the right to freedom of association, which shall be understood in a broad manner consistent with regional and international human rights law.3 7. National legislation on freedom of association, where necessary, shall be drafted with the aim of facilitating and encouraging the establishment of associations and promoting their ability to pursue their objectives. Such legislation shall be drafted and amended on the basis of broad and inclusive processes including dialogue and meaningful consultation with civil society. 8. The right to freedom of association is a right enjoyed both by individuals and by groups.4 The choice to exercise the right to freedom of association shall always be voluntary; individuals shall not be compelled to join associations, and shall always be free to leave them.5 Those founding and belonging to an association may choose whom to admit as members, subject to the prohibition on discrimination. 3 Where a constitution states that the essence of a right shall be defined by law, this should in no way be interpreted to allow unreasonable limitation of the right. 4 See Monim Elgak, Osman Hummeida & Amir Suliman (represented by International Federation for Human Rights & World Organisation Against Torture) v. Sudan, Comm. No. 379/09 (2014), para. 118. 5 See Universal Declaration of Human Rights, Art 20(2); Nkpa v. Nkume, Nigerian Court of Appeal (2000), para. 51. 10 |  African Commission on Human and Peoples’ Rights