81. The right to freedom of expression in the context of assemblies protects the
manner in which assemblies are conducted as well as the paraphernalia used,
including flags, masks, symbols, banners, posters and other objects as well as
their content.61 Such symbols may be restricted where they are intrinsically and
exclusively associated with acts of hate speech however.
82. The actions of assemblies shall be reported freely,62 impartially and without
discrimination in the media of a country. The authorities should recognize and
respect the right of assembly monitors to observe the manner in which the
assembly is policed.
Blanket Bans
83. The blanket application of restrictions, including the banning of assemblies
at certain times of day or in particular locations, shall be permitted only as a
measure of last resort, where the ban in question complies with the principle of
proportionality.63 The holding of assemblies in public areas in the proximity of
residential areas, as well as the holding of nighttime assemblies, shall be handled
on a case-by-case basis, rather than prohibited as such.64
84. States shall impose no external limitations that unreasonably restrict the right to
freedom of peaceful assembly, such as unreasonable limitations on freedom of
movement,65 including transnational movement.
Proportionality
85. Any limitations imposed 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.66 The law
shall not allow assemblies to be limited based on overly broad or vague grounds.
86. Assembly shall be recognized as a right, and its exercise recognized as of no less
value than other uses of public space, including commercial activity and the free
flow of traffic.
61 While masks are generally protected, wearing a mask for the purpose of engaging in behavior recognized as
unlawful under international human rights standards may be treated as an aggravating factor.
62 Relative to which see Egyptian Initiative for Personal Rights & INTERIGHTS v. Egypt, Comm. No. 323/06 (2011),
paras. 239-256.
63 See, relating to this issue, Malawi Law Society and Others v. President and others, Malawi High Court (2002),
para 30.
64 In no cases should the fact that such cases are handled on a case-by-case basis lead to unjust discrimination
among assemblies, for instance on the basis of their purposes.
65 On which see Law Offices of Ghazi Suleiman v. Sudan, Comm. No. 228/99 (2003).
66 In particular, as per Article 11 of the African Charter, the exercise of the right to freedom of assembly may “be
subject only to necessary restrictions provided for by law, in particular those enacted in the interest of national
security, the safety, health, ethics and rights and freedoms of others.”
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