Preamble
Recalling its mandate to promote and protect human and peoples’ rights under the
African Charter on Human and Peoples’ Rights (the African Charter);
Recalling further its mandate under Article 45(1)(b) of the African Charter ‘to
formulate and lay down principles and rules aimed at solving legal problems relating
to human and peoples’ rights and fundamental freedoms upon which African
Governments may base their legislation’;
Recalling further Resolution 69 (XXXV) 04 on the Protection of Human Rights
Defenders in Africa, Resolution 119 (XXXXII) 07 on the Situation of Human Rights
Defenders in Africa, and Resolution 196 (L) 11 on Human Rights Defenders in Africa;
Bearing in mind Resolution 125 (XXXXII) 07 on the renewal of the mandate of the
Special Rapporteur on Human Rights Defenders in Africa, Resolution 151 (XLVI) 09
on the need for the conduct of a study on freedom of association in Africa, Resolution
186 (XLIX) 11 on the appointment of members for a Study Group on Freedom of
Association in Africa, Resolution 229 (LII) 12 on the extension of the deadline for the
study on freedom of association and extension of the scope of the study to include
freedom of peaceful assembly in Africa, Resolution 248 (LIV) 13 on the renewal of the
mandate of the Special Rapporteur on Human Rights Defenders in Africa, Resolution
261 (LIV) 13 on the extension of the deadline for the study on Freedom of Association
and Assembly in Africa, and Resolution 273 (LV) 14 on the extension of the scope
of the mandate of the Special Rapporteur on Human Rights Defenders in Africa to
include reprisals against human rights defenders;
Recalling that during the 56th Ordinary Session, held from 21 April to 7 May 2015 in
Banjul, The Gambia, the African Commission on Human and Peoples’ Rights launched
the Report of the Study Group on Freedom of Association and Assembly in Africa;
Recalling Resolution 319 (LVII) 15 on the drafting of Guidelines on Freedom of
Association and Assembly in Africa;
Noting Articles 10 and 11 of the African Charter, guaranteeing the rights to freedom of
association and assembly, and noting further that the rights to freedom of association
and assembly are inextricably intertwined with other rights;
Noting further Articles 60 and 61 the African Charter, mandating the Commission to
draw inspiration from regional and international instruments and practice on human
and peoples’ rights;
6 | African Commission on Human and Peoples’ Rights