93. The burden rests on the authorities throughout the process to justify and
substantiate any restrictions imposed.
IV. Protection
94. States shall ensure the protection of all assemblies, public and private, from
interference, harassment, intimidation and attacks by third parties and non-state
actors.
a. Authorities shall take particular care to ensure that marginalized and
discriminated-against communities can assemble and voice their concerns
free from interference, harassment, intimidation or attacks.
b. Where third parties aim to interfere, harass, intimidate or attack a peaceful
assembly, the response of the authorities shall not be to ban or disperse the
peaceful assembly, but rather to take measures to protect the assembly and to
allow it to proceed.
95. The authorities shall ensure the protection and rights of bystanders and other
citizens.
96. The costs of security and safety measures shall be fully born by the state. Financial
charges shall not be levied on protest organizers and participants.
97. Persons have the right to assemble as counter-demonstrators, and thus
simultaneous protests and counter-demonstrations shall not be banned. Rather,
public safety authorities shall ensure that all demonstrations may proceed
peacefully.
a. Authorities shall protect simultaneous counter-demonstrations as well as
original demonstrations, where both are peaceful. The authorities shall
facilitate the ability of such assemblies to occur within sight and sound of one
another.
b. Counter-demonstrations shall not be allowed to violate the right to freedom
of assembly of the first party, nor vice versa.73
73 Meaning that such demonstrations must not be allowed to disrupt in a direct way the activities of other
demonstrations.
30 | African Commission on Human and Peoples’ Rights