Foreword
The Guidelines on Freedom of Association and Assembly of the African Commission
on Human and Peoples’ Rights (African Commission) were adopted at the
Commission’s 60th Ordinary Session held in Niamey, Niger, from 8 to 22 May 2017;
further to Resolution 319 (LVII) 2015 which mandated the Study Group on Freedom
of Association and Assembly to develop the said guidelines, under the supervision of
the Special Rapporteur on Human Rights Defenders in Africa.
The guidelines were developed in accordance with the relevant provisions of the
African Charter on Human and Peoples’ Rights (African Charter), which stipulates
under Article 45 (1) (b) that the African Commission is mandated “to formulate and
lay down, principles and rules aimed at solving legal problems relating to human and
peoples’ rights and fundamental freedoms....”
Through the African Commission’s constant interpretation of human rights, the
guidelines are aimed at crystallising human rights standards, as they continue to
evolve, with the understanding that new challenges may emerge in the course of time.
As such, the guidelines serve as a starting point, which will be complemented by new
standards.
The rights to freedom of association and assembly are fundamental rights that should
underpin all democratic societies in which individuals can freely express their views on
all issues concerning their society. In this respect, the African Commission, through
its special mechanism on human rights defenders and its Study Group on Freedom of
Association and Assembly, undertook to develop this tool in the form of guidelines
on the rights to freedom of association and assembly, to be used by the relevant
stakeholders.
In addition to the clarifications they provide, the guidelines on the rights to freedom
of association and assembly strengthen the obligations set forth in Article 10 of the
African Charter on the right to freedom of association and in Article 11 on the right to
freedom of assembly.
4 | African Commission on Human and Peoples’ Rights