c. Procedures shall be flexible in instances of late notification or submission of
incomplete information, with a view to facilitating the conduct of assemblies.
d. Notification shall be free of charge.
73. A failure to respond by the authorities shall be taken as acknowledgement that the
assembly may go ahead along the lines proposed.
74. Should the authorities receive notification from multiple groups aimed at holding
assemblies in the same space at the same time, efforts shall be made to facilitate
multiple concurrent assemblies. Where this is impossible, an impartial and
reasonable means shall be found to allocate the space.52
75. No notification need be submitted for small assemblies, assemblies unlikely to
generate disturbance or spontaneous assemblies. Spontaneous assemblies include
assemblies that occur as immediate reactions to events, and planned assemblies
that necessarily occur within a tighter deadline than that required relative to
notification.53
76. A single authority shall be designated as the entity responsible for receiving
notifications.54 The designated authority shall be impartial. Upon receipt of
notifications, the authority in question shall be responsible for communicating
with other concerning agencies.
77. The authority in question shall have a membership broadly representative of the
diversity in society. It shall make the relevant procedures, including decisionmaking procedures, as clear, transparent and readily available as possible.55 It shall
have a procedure for receiving information from individuals who believe their
rights will be negatively affected by particular assemblies.
52 According priority to the first application received is an appropriate method in such instances, unless such
an application was submitted with the clear intent of preventing the later assembly from being held in the form
desired by its organizations.
53 Planned spontaneous assemblies are justified in circumstances in which an immediate response to a current
event is warranted in order to achieve the aim of the assembly in question.
Even within a long-running campaign, there may be particular events requiring the organization of spontaneous
assemblies of such a sort.
Where some degree of planning is involved, organizers of such assemblies may still be requested to notify
the authorities as soon as reasonably possible, in order to allow the authorities to better fulfill their positive
obligations.
54 The public shall be clearly informed as to the body in question.
55 Procedures shall be available in writing. Assistance shall be provided where necessary to help assembly
organizers with the notification process. Decisions, including acknowledgement of assemblies without
conditions, shall be made publicly available on an ongoing basis. An annual report shall also be prepared,
including decisions and statistics on notifications received as well as conditions imposed.
Guidelines on Freedom of Association and Assembly in Africa | 25