enacted in the interest of national security, the safety, health, ethics and
rights and freedoms of others.”
118. The ACHPR Guidelines on Freedom of Association and Assembly in
Africa defines assembly as follows: “Assembly refers to an act of
intentionally gathering, in private or in public, for an expressive purpose
and for an extended duration. The right to assembly may be exercised in
a number of ways, including through demonstrations, protests, meetings,
processions, rallies, sit-ins, and funerals, through the use of online
platforms, or in any other way people choose.”(Paragraph 3).
119. The right to assembly is a fundamental right in a democratic society and
can only be restricted under certain circumstances. Any restriction to the
right to freely assemble must be prescribed by law, necessary and
proportionate for the purposes of protecting national security or public
safety, preventing disorder or criminal activities, protecting the health or
morals of the public, or protecting the rights and freedoms of other people.
See also European Court of Human Rights’ Guide on Article 11 of the
European Convention on Human Rights- Freedom of Assembly and
Association, paragraph 53.
120. It is also pertinent to state that “participating in and organizing assemblies
is a right and not a privilege, and thus its exercise does not require the
authorization of the state. A system of prior notification may be put in
place to allow states to facilitate the exercise of this right and to take the
necessary measures to protect public safety and rights of other citizens.”
See
ACHPR
Guidelines,
Paragraph
71
(Supra).
AMNESTY
INTERNATIONAL AND OTHERS V. SUDAN, COMMUNICATION. NOS. 48/90,
50/91, 52/91 AND 89/93 (1999), PARAGRAPHS. 81-82.
37