5: Resolution on the Right to Freedom of Association

The African Commission on Human and Peoples’ Rights, meeting in its Eleventh Ordinary Session, in Tunis Tunisia, from 2 to 9 March 1992:

Taking into consideration all rights stipulated in the Universal Declaration of Human Rights, with special reference to articles 20, 23 guaranteeing the right to freedom of peaceful assembly and association;

Recalling article 22 of the international Covenant on Civil and Political Rights, and article 8 of the International Covenant on Economic, Social and Cultural Rights assuring that everyone shall have the right to freedom of association with others;

Highly evaluating the UN Sub-Commission on the Prevention of Discrimination, Resolution No. 13 (XXXIII) on the 11th of September 1980 which adopted the right to freedom of association;

Taking into consideration the provisions of the African Charter on Human and Peoples’ Rights, in particular article 10(1), guaranteeing every individual the right to free association provided that he abides by the law;

Considers that:

1. The competent authorities should not override constitutional provisions or undermine fundamental rights guaranteed by the constitution and international standards;

2. In regulating the use of this right, the competent authorities should not enact provisions which would limit the exercise of this freedom;

3. The regulation of the exercise of the right to freedom of association should be consistent with State’s obligations under the African Charter on Human and Peoples’ Rights.