Blanket Bans 83. The blanket application of restrictions, including the banning of assemblies at certain times of day or in particular locations, shall be permitted only as a measure of last resort, where the ban in question complies with the principle of proportionality.63 The holding of assemblies in public areas in the proximity of residential areas, as well as the holding of nighttime assemblies, shall be handled on a case-by-case basis, rather than prohibited as such.64 84. States shall impose no external limitations that unreasonably restrict the right to freedom of peaceful assembly, such as unreasonable limitations on freedom of movement,65 including transnational movement. Proportionality 85. Any limitations imposed shall be in accordance with the principle of legality, have a legitimate public purpose, and be necessary and proportionate means of achieving that purpose within a democratic society, as these principles are understood in the light of regional and international human rights law.66 The law shall not allow assemblies to be limited based on overly broad or vague grounds. 86. Assembly shall be recognized as a right, and its exercise recognized as of no less value than other uses of public space, including commercial activity and the free flow of traffic. 87. Assemblies may be held in any public space.67 Urban planning shall take account of the need to ensure the right to freedom of assembly, and barriers designed to prevent the effective exercise of the right, including in symbolically important locations, shall not be constructed. Conduct of an assembly will often temporarily hinder, impede or obstruct the activities of third parties, and may have economic consequences; the assembly shall not be dispersed or prevented on such grounds. 88. The temporal component of assemblies shall always be assessed with regard to the need to ensure the right to freedom of assembly and the hardship actually imposed on others. The fact that assemblies are defined as ‘temporary’ does not mean that they may be limited to any particular timelines.68 63 See, relating to this issue, Malawi Law Society and Others v. President and others, Malawi High Court (2002), para 30. 64 In no cases should the fact that such cases are handled on a case-by-case basis lead to unjust discrimination among assemblies, for instance on the basis of their purposes. 65 On which see Law Offices of Ghazi Suleiman v. Sudan, Comm. No. 228/99 (2003). 66 In particular, as per Article 11 of the African Charter, the exercise of the right to freedom of assembly may “be subject only to necessary restrictions provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.” 67 Including public parks and squares, streets or paths of any size and intended for any form of transit, and publicly-owned buildings including auditoriums, stadiums and universities. 68 For example, the erection of protest camps or other non-permanent constructions must not be prohibited.