African Commission on Human and Peoples’ Rights 2. \09 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. APCOF Guidelines on policing assemblies TEXT.indd 9 12/04/2017 17:07:43

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