d. Assembly organizers shall not be penalized on the basis of acts committed
by individuals aimed at disrupting assemblies or clashes provoked by lawenforcement.
103. Where the right to peaceful assembly has been infringed, organizers and
participants shall have a right to a remedy.
a. The remedy shall include facilitation of future assemblies as necessary.
b. The remedy shall include measures designed to address the concerns of the
assembly that were harmed by unlawful prevention of the assembly.
c. The remedy shall include compensation for any harms that have occurred.
d. Where the authorities have pursued groundless or disproportionate sanctions
or dispersal, or have pursued sanctions or dispersal with the aim of harassing
particular assemblies, those responsible shall be held liable for violating the
right to freedom of assembly.
e. Where discriminatory conduct or physical attack or harassment or threats are
carried out by private individuals in the course of an assembly, the authorities
shall investigate, prosecute, and punish where necessary.
f.
The right to a remedy also requires other measures, such as satisfaction and
guarantees of non-repetition, as and where appropriate.
32 | African Commission on Human and Peoples’ Rights