| AFRICAN UNION | UNION AFRICAINE | |
|---|---|---|
| الاتحاد الأفريقي African Commission on Human & Peoples' Rights | UNIÃO AFRICANA Commission Africaine des Droits de l'Homme & des Peuples | |
| No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org |
**PANEL DISCUSSION ON INCREASING AWARENESS FOR
EFFECTIVE IMPLEMENTATION OF THE GUIDELINES ON FREEDOM ON ASSOCIATION AND ASSEMBLY IN AFRICA**
Organised by the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa and the Support Group for the Promotion and Monitoring of the Effective Implementation of the Guidelines on Freedom of Association and Assembly in Africa.
75th Ordinary Session of the ACHPR DAY 6: Monday, 08 May 2023 | 14:30 – 16:00 Banjul, the Gambia
Concept Note
A. CONTEXT AND JUSTIFICATION
- Gathering and demonstrating (marching in groups) are prima facie seemingly benign actions. Far from it, they are at the heart of several issues between the public authorities and the civil society. In this area, there are hardly any nations that are more civilized than others. All of them are in the same situation of barbaric repression, if recent history in the 5 continents is to be acknowledged. The cases of violently repressed demonstrations in the United States, Brazil, Argentina, France, China, Russia and several African countries are still fresh in the collective memory (South Africa, Tunisia, Algeria, Senegal, Democratic Republic of Congo, etc.).
- Article 45, 1 (B) of the African Charter on Human and Peoples' Rights stipulates that the African Commission on Human and Peoples' Rights (African Commission or the Commission) has the mandate to formulate and develop, as a basis for the adoption of legislation by African governments, principles and rules for the settlement of legal issues relating to the enjoyment of human and peoples' rights and fundamental freedoms. In line with this mandate, the Commission adopted the Guidelines on Freedom of Association
and Assembly in Africa (the FoAA Guidelines) during its 60$^{th}$ Ordinary Session held in May 2017 in Niamey, Niger.
- 3. Although considered 'soft law,' the FoAA Guidelines are the first of their kind on the continent to deepen the understanding of the Right to freedom of association and assembly guaranteed by Articles 10 and 11 of the African Charter.
- 4. They provide a barometer for the Commission to assess member states' compliance with their obligations to incorporate the African Charter into their domestic law in order to give effect to the freedoms protected. Similarly, the Guidelines are a powerful political and advocacy tool for African civil society organizations to cooperate with the African Commission.