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
27. Associations shall be able to comment publicly and privately on reports submitted by states
to national human rights institutions and regional and international human rights bodies,
including prior to the submission of the reports in question.20
28. The right to freedom of association protects, inter alia, expression; criticism of state action;
advancement of the rights of discriminated-against, marginalized and socially vulnerable
communities, including the rights of women and children; and all other conduct permissible
in the light of regional and international human rights law.21
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. 1169.
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 express their views and participate in a
meaningful, substantive manner.
Consultation procedures shall take account of the fact that certain persons and groups face challenges in
accessing information and disseminating their points of view, for instance due to marginalization,
illiteracy, language barrier, disability, lack of internet access and/or geographical remoteness; proactive
steps shall be taken to overcome these obstacles.
20 Comment may, inter alia, take the form of press release, public report, shadow report or private
comments submitted to the organization in question.
21 See, e.g., International Pen and Others (on behalf of Ken Saro-Wira) v. Nigeria, Comm. Nos. 137/94,
139/94, 154/96 and 161/97 (1998), paras. 107-10 (finding a violation of the right to freedom of