3. Where associations are required to provide documents prior to or during an inspection,
the number of documents required should be defined and reasonable, and associations
should be given sufficient time to prepare them.
4. In no cases shall inspections be utilized in order to harass or intimidate associations of
which political authorities disapprove.
5. Where an unjustified inspection occurs, the association in question shall have the right to
a remedy, and sanctions shall be levied against the responsible parties in a court of law.
35. Authorities shall respect the right to privacy of associations and shall not subject them to
undue surveillance.27 Surveillance may only be pursued in cases where reasonable suspicion
of an infraction of the law has led to a court-issued warrant authorizing such. Associations
and individuals who have their rights to freedom of association and privacy violated through
illegitimate surveillance shall be afforded appropriate redress.
Internal Governance Structures
36. Associations shall be self-governing and free to determine their internal management
structures, rules for selecting governing officers, internal accountability mechanisms and
other internal governance matters.
1. Law or regulation shall not dictate the internal organization of associations, beyond basic
provisions providing that non-discriminatory and rights-respecting principles be
followed.
2. Associations shall not be required to obtain permission from the authorities to change
their internal management structure or other elements of their internal rules.
3. Public authorities shall not interfere with associations’ choices of managing officers,
unless such persons are barred by national law from holding the positions in question on
the basis of legitimate grounds as interpreted by regional and international human rights
law.28
4. The law shall not require that physical meetings be held.29
27 For more details, see The Global Principles on National Security and the Rights to Information
(Tshwane Principles), Article 10(E); Principles and Guidelines on Human and Peoples’ Rights while
Countering Terrorism in Africa, Part 11.
28 Such as, of example, where individuals previously convicted of fraud are barred from holding financial
management positions.
The law may require the identification of governing officers.
29 Both because this is an unnecessary requirement and given the potentials offered by communication
technology.