Administrative Authority Responsible for Registering Associations 21. The body that registers associations must perform its functions impartially and fairly.16 Only one body should be tasked with registering associations. The process through which individuals are appointed to the body shall be transparent. 22. The administrative authority in charge of registration shall make sure that the procedure and its decisions are accessible and transparent.17 III. Purposes and Activities 23. Associations shall determine their purposes and activities freely. 24. Any limitations imposed by states shall be in accordance with the principle of legality, have a legitimate public purpose, and be necessary and proportionate means of achieving that purpose within a democratic society, as these principles are understood in the light of regional and international human rights law.18 25. Associations shall be able to engage in the political, social and cultural life of their societies, and to be involved in all matters pertaining to public policy and public affairs, including, inter alia, human rights, democratic governance, and economic affairs, at the national, regional and international levels. 26. States shall establish mechanisms that enable associations to participate in the formulation of law and policy. Such mechanisms shall aim to foster broad and inclusive processes, dialogue and meaningful consultation.19 16 In accordance with best practice, the body should include representatives of civil societ 17 In no cases shall an association be prevented from registering through being required to submit documents it can only obtain from the authorities, where the authorities do not promptly and effectively supply such documents. The authorities should facilitate the process of registration, with special concern relative to those who wish to form associations representing marginalized communities, by providing aid to those who require it; by translating registration procedures into local languages; by creating a decentralized system of offices capable of receiving registration – operated, for instance, through local government centers – throughout the country; and by enabling online registration. In addition, the administrative authority should maintain an easily accessible database of registered associations, in print and online form, including information on numbers of accepted and rejected applications, as well as the reasons proffered for any rejections. 18 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. 116-9. 19 Participation shall be enabled at the local, regional, national and international levels. Participation opportunities shall include the ability for associations to submit inputs concerning draft laws or proposed changes to laws or constitutions, policies and administrative practices, where such are considered. Associations shall always actively be consulted on potential amendments affecting the legal and regulatory framework governing associations in particular, prior to the enactment of the changes. Consultations shall be inclusive, reflecting the diversity of associations, populations and points of view in a society, including the perspectives of associations with points of view opposing as well as supporting government proposals. Consultations shall be enabled through timely and detailed access to the relevant official information, with sufficient time allowed for associations to formulate and Guidelines on Freedom of Association and Assembly in Africa  | 13

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