Recalling the Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa, the African Charter on the Rights and Welfare of the Child
and the African Charter on Democracy, Elections and Governance,
Recalling further the jurisprudence of the Commission pertaining to the rights to
freedom of association and assembly;
Recalling further the Guidelines for the Policing of Assemblies by Law Enforcement
Officials in Africa;
Noting that the rights to freedom of association and assembly are fundamental and
protected at the national, regional and international levels;
Acknowledging the major differences between states in terms of legal systems,
socio-economic conditions, and political and historic influences on the legal regimes
governing association and assembly;
Having regard to various political, technological and security developments impacting
on the enjoyment of the rights;
Concerned by excessive restrictions imposed on the rights to freedom of association
and assembly;
Concerned also by the practice in some states of hampering the participation of civil
society in the work of regional and international bodies and by the ‘chilling effect’ of
reprisals on civil society actors, and stressing the obligation on states to provide full
protection to those who seek to participate in the work of international bodies;
Concerned further that restrictions on the rights to freedom of association and
assembly limit the potential for a free public sphere and a free and open democratic
society, and that restrictions on an independent civil society hinder the operations of
human rights defenders and the advancement of human rights;
Conscious of the need to provide guidance to states on the measures necessary in
order to ensure respect for and the protection and fulfillment of human rights;
The African Commission on Human and Peoples’ Rights solemnly adopts these
Guidelines on Freedom of Association and Assembly in Africa.
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