PART 2) FREEDOM OF ASSEMBLY I. Legal Framework 63. The right to freedom of assembly is guaranteed under Article 11 of the African Charter and Article 8 of the African Charter on the Rights and Welfare of the Child. 64. The right to freedom of assembly is also guaranteed under Article 20(1) of the Universal Declaration of Human Rights, Article 21 of the International Covenant on Civil and Political Rights, and Article 15 of the International Convention on the Rights of the Child. 65. National constitutions shall guarantee the right to freedom of assembly, which shall be understood in a broad manner consistent with regional and international human rights law.46 66. Where States enact laws on freedom of assembly, those laws shall aim primarily at the facilitation of the enjoyment of the right.47 Legislation and regulations on assemblies shall be drafted and amended on the basis of broad and inclusive processes including dialogue and meaningful consultation with civil society. 67. The right to freedom of assembly applies to all individuals, groups, peoples, unregistered and registered associations, and others.48 68. Everyone has the right to assemble freely with others. No one shall be compelled to participate in an assembly. 69. The right to freedom of assembly applies to meetings on private as well as public property.49 70. The right to freedom of assembly extends to peaceful assembly. An assembly should be deemed peaceful if its organizers have expressed peaceful intentions, and if the conduct of the assembly participants is generally peaceful. 1. 'Peaceful’ shall be interpreted to include conduct that annoys or gives offence as well as conduct that temporarily hinders, impedes or obstructs the activities of third parties. 46 Where a constitution states that the essence of a right shall be defined by law, this should in no way be interpreted to allow unreasonable limitation of the right. 47 States must also guarantee the protection of the rights of others, as detailed below. 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.” While laws on assembly will necessarily balance the various interests involved, the primary purpose of the law should be to enable the exercise of the right – and not to limit it, as is often seen in practice. Regulating freedom of assembly primarily through the penal code is particularly injurious to the enjoyment of the right, and a clear violation. 48 Including but not limited to children, stateless persons, refugees, foreign nationals, asylum-seekers, migrants and temporary visitors, in accordance with regional and international human rights law. 49 Where public space is limited, or where public spaces are privatized (as for example in the case of a shopping center), the availability of suitable and effective spaces for public assemblies shall be looked into in determining whether or not the right to assembly might be understood to allow public assembly in such spaces.