II. Legal Personality Formation 9. Every person has the right to establish an association together with another, free from limitations violating the right to equality and the guarantee of nondiscrimination.6 No more than two people shall be required in order to found an association. 10. The fact of past criminal conviction alone shall not prevent an individual from founding an association.7 Legal Personality of Associations 11. States shall not compel associations to register in order to be allowed to exist and to operate freely.8 Informal (de facto) associations shall not be punished or criminalized under the law or in practice on the basis of their lack of formal (de jure) status. 12. Associations shall have the right to acquire legal personality and consequent benefits.9 Notification Regime 13. Registration shall be governed by a notification rather than an authorization regime, such that legal status is presumed upon receipt of notification.10 Registration procedures shall be simple, clear, non-discriminatory and nonburdensome, without discretionary components. Should the law authorize the registration authorities to reject applications, it must do so on the basis of a limited 6 Including inter alia children and non-nationals. See Article 15 of the Convention on the Rights of the Child and Article 8 of the African Charter on the Rights and Welfare of the Child. Children’s right to found associations shall be interpreted in accordance with their evolving capacities and the principle of the best interests of the child, in accordance with the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The two categories are mentioned specifically here due to the fact many national laws specifically exclude such categories of persons. 7 Past criminal conviction shall only potentially limit an individual’s ability to found an association where the nature of that conviction directly raises concern relative to the true purpose of the association. Direct reason for concern would be raised, for instance, where an individual seeking to set up an association has previously been convicted of fraud and there is well-founded reason to believe the association is not being set up in good faith. 8 Ideally, legislation shall explicitly recognize the right to exist of informal associations. 9 Including the ability to have bank accounts and to initiate legal proceedings in their name. 10 See Monim Elgak, Osman Hummeida & Amir Suliman (represented by International Federation for Human Rights & World Organisation Against Torture) v. Sudan, Comm. No. 379/09 (2014), paras. 118 for the stipulation that the right to freedom of association “comprises the right to form and join associations freely.” For overturning of an illegitimate refusal of registration, see Attorney General of Botswana v. Thuto Rammoge and others, Botswana Court of Appeal (Mar. 16, 2016). Guidelines on Freedom of Association and Assembly in Africa  | 11