Fundamental Principles This section presents ten fundamental principles, which inform the more concrete provisions detailed below. These fundamental principles should be borne in mind throughout when contemplating and interpreting the rights in question and their specification as laid out in these guidelines. i. Presumption in favor of the right: The presumption shall be in favor of the exercise of the rights to freedom of association and assembly. ii. Enabling framework: Any legal framework put in place or other steps taken relative to the rights to freedom of association and assembly shall have the primary purpose of enabling the exercise of the rights. iii. Political and social participation of an independent civil society: The independence of civil society and the public sphere shall be ensured, and the participation of individuals in the political, social and cultural life of their communities shall be enabled. iv. Human rights compliance: All constitutional, legislative, administrative and other measures shall comply with the full extent of regional and international human rights obligations, deriving from the rights to freedom of association and assembly and all other guaranteed rights. v. Impartiality of governance agencies: Authorities with governance oversight shall conduct their work impartially and fairly. vi. Simple, transparent procedures: Procedures relating to the governance of associations and assemblies shall be clear, simple and transparent. vii. Reasoned decisions, judicial review: State decisions shall be clearly and transparently laid out, with any adverse decisions defended by written argumentation on the basis of law and challengeable in independent courts of law. viii. Limited sanctions: Sanctions imposed by states in the context of associations and assemblies shall be strictly proportionate to the gravity of the harm in question and applied only as a matter of last resort and to the least extent necessary. ix. The right to a remedy: The right to a remedy shall be protected in cases of violation of the rights to association and assembly. x. More protective standard: If conflict between provisions of these guidelines and other international and regional human rights standards arise, the more protective provision takes precedence. 8 |  African Commission on Human and Peoples’ Rights