enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.” 118. The ACHPR Guidelines on Freedom of Association and Assembly in Africa defines assembly as follows: “Assembly refers to an act of intentionally gathering, in private or in public, for an expressive purpose and for an extended duration. The right to assembly may be exercised in a number of ways, including through demonstrations, protests, meetings, processions, rallies, sit-ins, and funerals, through the use of online platforms, or in any other way people choose.”(Paragraph 3). 119. The right to assembly is a fundamental right in a democratic society and can only be restricted under certain circumstances. Any restriction to the right to freely assemble must be prescribed by law, necessary and proportionate for the purposes of protecting national security or public safety, preventing disorder or criminal activities, protecting the health or morals of the public, or protecting the rights and freedoms of other people. See also European Court of Human Rights’ Guide on Article 11 of the European Convention on Human Rights- Freedom of Assembly and Association, paragraph 53. 120. It is also pertinent to state that “participating in and organizing assemblies is a right and not a privilege, and thus its exercise does not require the authorization of the state. A system of prior notification may be put in place to allow states to facilitate the exercise of this right and to take the necessary measures to protect public safety and rights of other citizens.” See ACHPR Guidelines, Paragraph 71 (Supra). AMNESTY INTERNATIONAL AND OTHERS V. SUDAN, COMMUNICATION. NOS. 48/90, 50/91, 52/91 AND 89/93 (1999), PARAGRAPHS. 81-82. 37

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