Background and Objectives

The African Commission on Human and Peoples’ Rights (African Commission) Resolution ACHPR/Res.406 (LXIII) of 13 November 2018, establishes a Support Group for the Special Rapporteur on human rights defenders and focal point on reprisals in Africa (Special Rapporteur) with a mandate to promote and monitor the effective implementation of the African Commission’s 2017 Guidelines on Freedom of Association and Assembly in Africa (the Guidelines) with governments, parliaments and other State institutions, and to advocate for the adoption of national laws and regulations in line with the Guidelines. By Resolutions ACHPR/Res.471 (LXVII) 2020 and ACHPR/Res.547 (LXVIII) 2022 the African Commission renewed the mandate of the Support Group.

The African Commission at its 77th Ordinary Session held in Arusha, United Republic of Tanzania, from 20 October to 9 November 2023, adopted ResolutionACHPR/Res.571 (LXXVII) 2023 on the need to undertake a study to assess the level of compliance of national legislations with the Guidelines on Freedom of Association and Assembly in Africa. The study will be conducted in collaboration with the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association under the Addis Ababa Roadmap.

The African Commission took note of Articles 10 and 11 of the African Charter on Human and Peoples’ Rights (African Charter), which guarantee the rights to freedom of association and freedom of assembly respectively, and the Guidelines, which require that any legal framework established or other measures taken in relation to the rights to freedom of association and assembly be primarily aimed at enabling the exercise of the rights provided for in the Guidelines.

Key questions and types of input/comments sought

The UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, and the Special Rapporteur on human rights defenders and focal point on reprisals in Africa welcome input from all stakeholders (State Parties, National Human Rights Institutions, International Organizations and Non-Governmental Organizations) with a view to establishing a consultative process in line with the ACHPR’s best practice. Stakeholders are invited to provide responses to the following questions:

(a) Which laws regulate the freedom of association and freedom of assembly in your country? Please name the laws and year of adoption and indicate the name of the country.

(b) Please attach a copy of the legislation or provide an accessible link to online copy of the relevant laws.

(c) Which provisions in the respective laws demonstrate good practices that conform to the Guidelines on Freedom of Association and Assembly in Africa?

(d) Which provisions in the respective laws do not conform to the Guidelines on Freedom of Association and Assembly in Africa?

(e) What measures would you propose that the African Commission undertakes to enable the respective government to effectively implement the Guidelines on Freedom of Association and Assembly in Africa?

(f) What other measures would you propose that the African Commission undertakes to support and promote compliance by member States with the Guidelines on Freedom of Association and Assembly in Africa?