87. Assemblies may be held in any public space.67 Urban planning shall take account
of the need to ensure the right to freedom of assembly, and barriers designed to
prevent the effective exercise of the right, including in symbolically important
locations, shall not be constructed. Conduct of an assembly will often temporarily
hinder, impede or obstruct the activities of third parties, and may have economic
consequences; the assembly shall not be dispersed or prevented on such grounds.
88. The temporal component of assemblies shall always be assessed with regard to the
need to ensure the right to freedom of assembly and the hardship actually imposed
on others. The fact that assemblies are defined as ‘temporary’ does not mean that
they may be limited to any particular timelines.68
Conditions
89. Any conditions contemplated shall be communicated promptly in writing to
the organizers of the event, along with an explanation of the rationale for the
conditions.
a. The law shall set out a clear procedure through which, prior to the imposition
of such conditions, the authorities shall reach out to assembly organizers with
their concerns in such a manner as to facilitate the sharing of information and
the production of a mutually positive and agreed approach. Organizers shall
not be compelled or coerced during this process.
Where time allows, a procedure of administrative review shall be available in
cases of conflict.
b. Prompt recourse to an independent court shall be available to assembly
organizers to challenge the decision of the authorities should they wish to do
so.69
90. Authorities shall always seek to facilitate assemblies at the organizers’ preferred
location at their preferred date and time.
a. When imposing limitations on location, time or date, the authorities shall
propose a suitable alternative time, in which context the message the assembly
seeks to convey is still capable of being effectively communicated to those to
whom it is directed.
67 Including public parks and squares, streets or paths of any size and intended for any form of transit, and
publicly-owned buildings including auditoriums, stadiums and universities.
68 For example, the erection of protest camps or other non-permanent constructions must not be prohibited.
69 See, e.g., New Patriotic Party v. Inspector General of Police, Ghana Supreme Court (2000), paras. 38, 48.
28 | African Commission on Human and Peoples’ Rights