African Commission on Human and Peoples’ Rights
Guidelines on Freedom of Association and Assembly in
Africa
Preamble
Recalling its mandate to promote and protect human and peoples’ rights under the African
Charter on Human and Peoples’ Rights (the African Charter);
Recalling further its mandate under Article 45(1)(b) of the African Charter ‘to formulate and lay
down principles and rules aimed at solving legal problems relating to human and peoples’ rights
and fundamental freedoms upon which African Governments may base their legislation’;
Recalling further Resolution 69 (XXXV) 04 on the Protection of Human Rights Defenders in
Africa, Resolution 119 (XXXXII) 07 on the Situation of Human Rights Defenders in Africa, and
Resolution 196 (L) 11 on Human Rights Defenders in Africa;
Bearing in mind Resolution 125 (XXXXII) 07 on the renewal of the mandate of the Special
Rapporteur on Human Rights Defenders in Africa, Resolution 151 (XLVI) 09 on the need for the
conduct of a study on freedom of association in Africa, Resolution 186 (XLIX) 11 on the
appointment of members for a Study Group on Freedom of Association in Africa, Resolution
229 (LII) 12 on the extension of the deadline for the study on freedom of association and
extension of the scope of the study to include freedom of peaceful assembly in Africa,
Resolution 248 (LIV) 13 on the renewal of the mandate of the Special Rapporteur on Human
Rights Defenders in Africa, Resolution 261 (LIV) 13 on the extension of the deadline for the
study on Freedom of Association and Assembly in Africa, and Resolution 273 (LV) 14 on the
extension of the scope of the mandate of the Special Rapporteur on Human Rights Defenders in
Africa to include reprisals against human rights defenders;
Recalling that during the 56th Ordinary Session, held from 21 April to 7 May 2015 in Banjul,
The Gambia, the African Commission on Human and Peoples’ Rights launched the Report of the
Study Group on Freedom of Association and Assembly in Africa;
Recalling Resolution 319 (LVII) 15 on the drafting of Guidelines on Freedom of Association
and Assembly in Africa;
Noting Articles 10 and 11 of the African Charter, guaranteeing the rights to freedom of
association and assembly, and noting further that the rights to freedom of association and
assembly are inextricably intertwined with other rights;
Noting further Articles 60 and 61 the African Charter, mandating the Commission to draw
inspiration from regional and international instruments and practice on human and peoples’
rights;
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,