Abstract

The principal sources of legal standards relating to freedom of assembly and association are human rights instruments both of a general and specialised nature, as well as instruments of regional scope.

Among the former are the Universal Declaration of Human Rights, 1948 (UDHR) and the International Covenant on Civil and Political Rights, 1966 (ICCPR). Article 20(1) of the UDHR provides that “Everyone has the right to freedom of peaceful assembly and association” while sub-article (2) of the same Article provides that “No one may be compelled to belong to an association”.

Under the ICCPR, the right of  peaceful assembly is recognised and protected under Article 21, while freedom of association is enshrined in Article 22 which provides: (1) Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. Thus, almost all instruments providing for freedom of assembly include in the very provision in which the right is provided the requirement for the assembly to be “peaceful”.

The only instrument that does  not use this term is the African Charter, which instead makes the exercise of the right to assemble subject to necessary restrictions provided for by law, in particular those enacted in the interest of national security and the safety, health, ethics and the rights and freedoms of others. Identical language is used to limit both freedom of assembly and freedom of association under the ICCPR the European Convention on Human Rights and the American Convention on Human Rights.

Check out: Law Project Topics with Materials