African Commission on Human and Peoples’ Rights
2.
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Legislative and regulatory framework governing the right to assemble freely with others
2.1. The enactment, interpretation, implementation and enforcement of national laws and
regulations governing the right to assemble freely with others must:
2.1.1. Require law enforcement responses that favour the presumption of the exercise of
the right to assemble freely with others by all persons involved, or believed to be
involved, in the assembly;
2.1.2. Be consistent with regional and international human rights standards;
2.1.3. Recognise that limitations and restrictions on the right to assembly freely with others
must be treated as an exception, and that any limitations or restrictions imposed
must be necessary and proportionate, and be:
2.1.3.1. Consistent with the principles of legality, necessity, proportionality, freedom
from discrimination and equality before the law as set out in 1.2.2, as well
as regional and international human rights standards as set out in 1.2.1;
2.1.3.2. Decided on a case-by-case basis; and
2.1.3.3. Reviewable by competent, independent and impartial administrative and
judicial authorities, in both law and practice, within a reasonable period
of time.
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