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.
1. 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.
2. Where time allows, a procedure of administrative review shall be available in cases of
conflict.
3. 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.
1. 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.
2. When imposing restrictions, the authorities shall facilitate the ability of an assembly to
take place within sight and sound of its target audience.70
3. Physical security installations around politically and symbolically important locations
may violate the right to freedom of assembly in this context where the security gain is
outweighed by the extent to which the barriers prevent assemblies from taking place in
appropriate locations.
91. Any conditions imposed shall relate closely to the particular concerns raised and be narrowly
tailored.
1. Conditions may only be imposed where they promote a substantial interest that would not
be achieved in the absence of the restriction.
2. The routine application of conditions, without individuated proportionality assessment,
shall be prohibited. Application of conditions requires an objective and detailed
evaluation of the circumstances in question.
3. Reasons adduced to impose conditions shall be relevant, sufficient, convincing and
compelling, and based on a reasonable assessment of the relevant facts including a risk
assessment.71
69 See, e.g., New Patriotic Party v. Inspector General of Police, Ghana Supreme Court (2000), paras. 38,
48.
70 A policy of relocating assemblies to locations far away from their intended audiences would violate
this requirement.
71 In which context suspicion or presumptions cannot suffice.