II. Notification Regime
71. 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.50
1. A notification regime requires that the presumption is always in favor of holding
assemblies, and that assemblies not be automatically penalized, through dispersal or
sanction, due to failure to notify, subject to the provisions further detailed below.
2. Lack of notification shall not be understood to make an assembly illegal.
72. Notification procedures shall be nonburdensome.
1. A notification regime shall not stipulate that notifications be required too far in advance;
rather, any notice period shall be as short as possible. Notification may be sought far
enough in advance for an exchange of views as to any possible conditions, and for the
relevant authorities to prepare.51
2. An appropriately simple procedure would involve the filling in of a clear and concise
form, available and submittable online and elsewhere, requesting information as to the
date, time, location and/or itinerary of the assembly, and the name, address and contact
details of principle organizer(s).
3. Procedures shall be flexible in instances of late notification or submission of incomplete
information, with a view to facilitating the conduct of assemblies.
4. Notification shall be free of charge.
73. A failure to respond by the authorities shall be taken as acknowledgement that the assembly
may go ahead along the lines proposed.
74. Should the authorities receive notification from multiple groups aimed at holding assemblies
in the same space at the same time, efforts shall be made to facilitate multiple concurrent
assemblies. Where this is impossible, an impartial and reasonable means shall be found to
allocate the space.52
75. No notification need be submitted for small assemblies, assemblies unlikely to generate
disturbance or spontaneous assemblies. Spontaneous assemblies include assemblies that
50 See also Inspector-General of Police v. All Nigeria Peoples Party and others, Nigeria Court of Appeal
(2007), paras. 16, 23, 25; New Patriotic Party v. Inspector General of Police, Ghana Supreme Court
(2000), paras. 26, 38-39, 48, 54-5; Amnesty International and Others v. Sudan, Comm. Nos. 48/90, 50/91,
52/91 and 89/93 (1999), paras. 81-82 (the Commission here observes moreover that the right to freedom
of assembly derives in practice form the right to association; the opposite is clearly the case as well).
51 In particular, the notice period shall not be more than 5 days; ideally, 48 hours.
52 According priority to the first application received is an appropriate method in such instances, unless
such an application was submitted with the clear intent of preventing the later assembly from being held
in the form desired by its organizations.