African Commission on Human and Peoples’ Rights
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criminal activity, and only where the use of stop and search is in compliance with regional
and international human rights standards.
16.2. The participation of a person in an assembly is not in itself a reasonable ground to stop,
search and/or arrest that person.
16.3. The use of arrest for the purpose of removing persons who are acting violently or who are
otherwise reasonably suspected of committing an offence has a legitimate function in the
context of the policing of assemblies to protect and facilitate the right to assembly freely
with others by all persons. In this regard, arrest powers must only be exercised on grounds
and procedures established by law. Such laws and their implementation must be clear,
accessible and precise, and consistent with the Guidelines on the Conditions of Arrest,
Police Custody and Pre-Trial Detention in Africa and with other relevant regional and
international human rights standards.
17. Facilitation of first aid and other essential services
17.1. Contingency plans must include the provision of prompt assistance by medical service
providers for any person injured during an assembly. Law enforcement officials must receive
first aid training and ensure that assistance and medical services are provided to any injured
person at the earliest possible moment after the use of force and firearms.
17.2. Law enforcement officials should be subject to clear and precise protocols for communicating
with medical service providers in an assembly context. Law enforcement officials should
ensure that traffic management and other contingency planning facilitate the prompt
access to medical services for assembly participants, observers and bystanders.
17.3. The provision of first aid and other essential services during an assembly must be provided
free of charge to assembly participants.
18. Facilitating multiple assemblies
18.1. The right to assemble freely with others extends to the right to engage in simultaneous or
counter-assemblies.
18.2. If law enforcement officials impose limitations or restrictions on simultaneous or counterassemblies, such restrictions must be legal, necessary, proportionate and comply with the
principle of non-discrimination and equality before the law.
18.3. If law enforcement officials deem it impossible to facilitate counter or simultaneous
assemblies precisely as planned, preference should be given to the facilitation of the first
notified assembly and alternatives must be provided to the other assemblies. The alternatives
should take into account any need for the counter or simultaneous assembly to occur within
the sight and sounds of the other assembly, and any additional policing resources required
to ensure the facilitation of all assemblies and the protection of all assembly participants,
observers and bystanders. This should be based on a progressive assessment of the situation.
19. Enforcing conditions on assemblies
19.1. Law enforcement agencies typically will merely enforce prior decisions imposed by the
appropriate authorities. Restrictions may be imposed during the course of an assembly,
where necessary and proportionate, as for instance in cases where the situation rapidly
deteriorates and becomes violent.
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