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African Commission on Human and Peoples' Rights
Policing Assemblies in Africa
Principles and Operational Standards for the Policing of
Assemblies by Law Enforcement Officials in Africa
ZERO DRAFT
28 June 2016
PREAMBLE
The African Commission on Human and Peoples' Rights (the African Commission), meeting at
its __ Ordinary Session, held from to in , :
Recalling its mandate to promote and protect human and peoples' rights under the African
Charter on Human and Peoples' Rights (the African Charter);
Recognising the mandate of the African Commission to 'formulate and lay down principles and
rules aimed at solving legal problems relating to human and peoples' rights and fundamental
freedoms upon which African Governments may base their legislation' as part of its promotion
mandate pursuant to Article 45(1)(b) of the African Charter;
Recalling Article 11 of the African Charter which guarantees the right of all persons in Africa to
assembly freely with others, subject only to necessary restrictions provided for by law, in
particular those enacted in the interests of national security, the safety, health, ethics and rights
and freedoms of others;
Noting Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, and 13 of the African Charter on the rights to non-
discrimination; equality of, and equal protection before, the law; the right to life; the right to
dignity and freedom from torture and other ill treatment; the right to liberty and security of the
person; the right to have a cause heard; freedom of conscience; the right to receive information
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and to express and disseminate opinions; the right to free association; and the right to
participate freely in the government and equal access to public services and public property;
Noting further Article 8 of the African Charter on the Rights and Welfare of the Child, which
provides for freedom of peaceful assembly together with the right to free association;
Recalling Resolution 281 on the Right to Peaceful Demonstrations, adopted at its 55th Ordinary
Session, held from 28 April to 12 May 2014 in Luanda, Angola;
Recalling the African Commission's Guidelines on the Conditions of Arrest, Police Custody and
Pre-Trial Detention in Africa (the Luanda Guidelines), adopted during its 55th Ordinary Session in
Luanda, Angola; ACHPR/Res.259 (LIV) 2013: Resolution on Police and Human Rights in Africa;
ACHPR/Res.306 (EXT.OS/XVIII) 2015: Resolution on the Expansion of the Mandate of the Special
Rapporteur on Prisons and Conditions of Detention in Africa; ACHPR/Res.103a (XXXX) 06:
Resolution on Police Reform, Accountability and Civilian Police Oversight in Africa; ACHPR/Res.69
(XXXV) 04: Resolution on the Protection of Human Rights Defenders in Africa; ACHPR/Res.119
(XXXXII) 07: Resolution on the Situation of Human Rights Defenders in Africa; ACHPR/Res.196 (L)
11: Resolution on Human Rights Defenders in Africa; ACHPR/Res.230 (LII) 2012: Resolution on the
need for a study on the Situation of Women Human Rights Defenders in Africa; ACHPR/Res.61
(XXXII) 02: Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture,
Cruel, Inhuman or Degrading Treatment or Punishment in Africa, and General Comment No. 3 of
the African Charter on the Right to Life;
Further recalling its decisions in International Pen and Others (on behalf of Saro-Wiwa) v Nigeria
(2000) AHRLR 212 (ACHPR 1998) and Egyptian Initiative for Personal and Interights v. Egypt II
(2001) AHRLR 90 (ACHPR 2011), and in particular the need for State Parties to protect peaceful
protesters regardless of their political affiliation and/or sex;
Acknowledging the differences between State Parties in terms of political and legal systems and
traditions, and the structure of law enforcement agencies;
Recognising that the right to assembly is a cornerstone of democracy and provides individuals
and groups with a platform to express civil, political, economic and social, peoples', cultural and
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environmental rights, to hold government to account, and to raise and defend issues of common
interest;
Concerned about the role of law enforcement officials in arbitrary arrests, excessive use of force
(including the use of firearms against assembly participants) and sexual violence against women
assembly participants and human rights defenders;
Noting that many African countries have in place national laws and regulations that impede the
enjoyment of the right to assembly by imposing restrictions on the exercise of that right, and
which grant wide discretionary powers to authorities to prevent, stop or restrict the parameters
of public assemblies;
Concerned about the lack of effective mechanisms to foster negotiation and communication
between all relevant stakeholders involved in public assemblies, including organisers, law
enforcement agencies and local authorities;
Recognising that particular individuals and groups are especially vulnerable to limitations on their
right to assemble and to experiencing other human rights violations in the context of the policing
of assemblies based on their status, or an intersection of one or more statuses, such as race,
ethnic group, colour, sex, language, religion, political or any other opinion, national and social
origin, fortune, birth, disability, sexual orientation and gender identity, or being a human rights
defender;
Concerned about the lack of effective and appropriate monitoring mechanisms and independent
police oversight authorities across Africa, and about inadequate training and resources available
to law enforcement officials to promote and protect a rights-based approach to the policing of
assemblies;
Recognising the need to formulate and lay down principles and guidelines to strengthen the
promotion, protection and fulfilment of human rights in the context of the policing of assemblies
in Africa;
Hereby adopt the following Principles and Operational Standards for the Policing of Assemblies
by Law Enforcement Officials in Africa:
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PART I
GENERAL PRINCIPLES GOVERNING THE POLICING OF ASSEMBLIES IN
AFRICA
1. The right to assembly
1.1. For the purpose of these Principles and Operational Standards, 'assembly' refers to the
freedom of an individual or individuals to intentionally occupy or gather in a private or
public space for a specific or common expressive purpose and for the duration of one's
choosing. The right may be expressed in a number of ways including demonstrations,
protests, meetings, processions, rallies or sit-ins. The right may be exercised using the
internet as a tool and/or platform for the action.
1.2. The right to peaceful assembly is protected by the African Charter, these Principles and
Operational Standards and other relevant international human rights standards.
Fundamental and non-derogable human rights protections continue apply to all persons,
even if an assembly is not, or no longer, peaceful. This includes the right to life, freedom
from arbitrary arrest and detention, freedom from discrimination, and freedom from
torture and other cruel, inhuman or degrading treatment or punishment.
1.3. In making a determination as to whether an assembly is peaceful, a broad interpretation
must be given to 'peaceful' by law enforcement officials and other public authorities. 'An
assembly should be deemed peaceful if its organisers have professed peaceful
intentions and the conduct of the assembly is non-violent. The term 'peaceful' should be
interpreted to include conduct that may annoy or give offence, and even conduct that
temporarily hinders, impedes or obstructs the activities of third parties'.1
1.4. Everyone has the right to assemble freely with others.
1.5. Any limitations imposed by the State Party on the right to assembly must:
1.5.1. Adhere to the African Charter and other international normative standards; and
1 Definition borrowed from: OSCE/ODIHR, Guidelines on Freedom of Peaceful Assembly (2nd Edition), 2010, p. 7.
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1.5.2. Satisfy the principle of legality, be in pursuit of a legitimate interest as defined by
international human rights law, be a necessary and proportionate measure to
achieve that end within a democratic society, and satisfy the principles of non-
discrimination and equality before the law.
2. Legislative and regulatory framework for the right to assembly
2.1. The right to assembly should be accorded constitutional recognition by all State Parties
to the African Charter.
2.2. The enactment, interpretation, implementation and enforcement of national laws and
regulations that govern the right to assembly, and law enforcement responses to
assemblies, must:
2.2.1. Favour the presumption of the exercise of the right to assembly by all groups and
individuals;
2.2.2. Be consistent with all other African and international human rights instruments
ratified by the State;
2.2.3. Expressly recognise and facilitate the enjoyment of the interrelated rights to
freedom of expression and association, the right to information, freedom from
discrimination, the right to life, liberty and security of the person, and freedom
from torture and other cruel, inhuman and degrading treatment or punishment;
2.2.4. Expressly recognise the principles of non-discrimination and equality before the
law, and the right of all persons to freedom of assembly and other related rights;
and
2.2.5. Limit restrictions on the right to assembly to situations where such restrictions are::
2.2.5.1. Evidently consistent with State Party's obligations under the African
Charter and other international treaty obligations;
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2.2.5.2. Consistent with the principle of legality, in pursuit of a legitimate interest
as defined by international human rights law, necessary and proportionate
measures to achieve that end within a democratic society, and satisfy the
principles of equality before the law and non-discrimination.; and
2.2.5.3. Reviewable by competent, independent and impartial administrative or
judicial authority, in both law and practice.
2.3. State Parties must not adopt provisions of law or regulation that require permission
from public authorities prior to the conduct of an assembly.
PART II
ORGANISATIONAL AND OPERATIONAL REQUIREMENTS FOR A RIGHTS-
BASED APPROACH TO THE POLICING OF ASSEMBLIES
3. General principles
3.1. The obligation to protect and promote the right to assembly is vested in law
enforcement officials as representatives of the State Party to the African Charter. For
the purposes of these Principles and Operational Standards, 'law enforcement official'
includes all state officials who exercise police powers in the context of policing
assemblies.
3.2. The role of law enforcement officials in policing assemblies should be expressed in
national legislative and regulatory instruments as safeguarding and facilitating the right
to assembly. All actions taken by law enforcement officials in the conduct of such
operations must be given as satisfying the principle of legality, be in pursuit of a
legitimate interest as defined by international human rights law, be a necessary and
proportionate measure to achieve that end within a democratic society, and satisfy the
principles of equality before the law and non-discrimination..
3.3. To ensure a rights-based approach to policing assemblies, the overall legislative and
regulatory framework for law enforcement agencies should provide, at a minimum:
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3.3.1. Accountability to the law, including the Constitution and human rights principles,
through systems of internal discipline and external oversight and judicial processes;
3.3.2. Accountability to democratic structures and the community, including to a
dedicated police civilian oversight body, in the absence of which, an Ombudsman or
national human rights institution;
3.3.3. Transparency through open scrutiny and regular reporting to external bodies, such
as parliaments, auditors-general, and independent statutory civilian authorities;
3.3.4. Political independence and a command structure that gives operational priority to
protecting and upholding the rights, and guaranteeing the safety, of all persons;
3.3.5. The promotion and protection of human rights, and, in particular, the prioritisation
of the protection of life, liberty and security of the person, restrictions on the use of
force to situations where it is proportionate and necessary, and the policing of
assemblies that facilitates, rather than restricts, the enjoyment of this right by all
persons;
3.3.6. Adherence to a high standard of professional conduct, as expressed in a
professional code of conduct that accords with international human rights
standards, including the UN Code of Conduct for Law Enforcement Officials;
3.3.7. Recruitment, training and promotion policies and practices that promote law
enforcement agencies that are representative of the communities they serve.
3.4. State Parties should take all necessary measures to ensure that the working conditions
of law enforcement officials are consistent with the right of all persons to work under
equitable and satisfactory conditions as guaranteed by Article 15 of the African Charter.
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4. Regulatory framework for the policing of assemblies
4.1. The enactment, interpretation, implementation and enforcement of national laws,
regulations, standard operating procedures, standing orders, ordinances, or other
instructions must adhere to the general principles set out in Principle 3.2.
4.2. All regulatory instruments and information about law enforcement procedures relating
to assemblies must be made accessible in accordance with the right to freedom of
information as expressed in the African Charter and other relevant international
standards, such as the African Commission's Model Law on Access to Information in
Africa.
4.3. State Parties and law enforcement agencies should have in place, and make available in
the public domain, enforceable standards of conduct for law enforcement officials. Such
standards should be consistent with internationally recognised standards of conduct for
law enforcement officials in the context of the policing of assemblies, such as the UN
Basic Principles on the Use of Force and Firearms for Law Enforcement Officials and the
UN Code of Conduct for Law Enforcement Officials.
4.4. State Parties must ensure that the national legal and regulatory framework for law
enforcement provides that non-compliance with the standards of conduct for law
enforcement officials is a disciplinary offence. Disciplinary procedures must accord with
the principle of procedural fairness.
5. Command structures
5.1. Law enforcement agencies must establish a clear, transparent and single command
structure for the policing of assemblies. The operational roles and responsibilities of law
enforcement officials within the chain of command should be clearly established and
made known, and the appointment of a commanding officer should be made as soon as
possible after notification is given, or knowledge is gained, of an assembly. The
command structure must ensure responsibility for command decisions or unlawful acts
or omissions by law enforcement officials, and facilitate communication with other
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stakeholders, including assembly organisers, other service providers, and local
authorities.
6. Communication and facilitation mechanisms
6.1. Law enforcement agencies should have and make known a communication mechanism
and strategy, and appoint a specially trained official to act as a communications liaison
to liaise with stakeholders from the public, other service providers and local authorities.
The communication mechanism and strategy should be underpinned by principles of
transparency, community partnership, and the proactive dissemination of all key
information to stakeholders. Such information should include all regulations, standing
orders and instructions, codes of conduct, information about the chain of command and
operational decision-making, the type of equipment used in the policing of assemblies,
process and procedures for the imposition of limitations on the right to assembly by
public authorities, and how to access internal and external complaints mechanisms.
6.2. Law enforcement agencies should acknowledge and embrace the importance of
facilitating dialogue and mediation by third parties, such as Ombudsmen, national
human rights institutions, local authorities and civil society organisations, prior, during
and after assemblies, by providing prompt and relevant information to third parties.
7. Governing principles for the use of force
7.1. The use of force by law enforcement officials must be strictly regulated under national
law in conformity with the African Charter and other regional and international
standards, including the UN Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials.
7.2. The use of force is an exceptional measure of last resort and limited to circumstances in
which the use of force is proportionate and necessary. Where strictly unavoidable, force
must only be applied to the extent necessary to achieve a legitimate objective.
Assessment of necessity and proportionality should be based on an assessment of the
relevant facts, with a requirement for reasonable grounds, rather than mere suspicion
or presumption of risk or harm.
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7.3. Firearms are not an appropriate tactical tool for the policing of assemblies. Firearms
must never be used to disperse an assembly. The indiscriminate discharge of firearms
into a crowd is a violation of Article 4 of the African Charter on the right to life.
7.4. Additional restrictions on the use of firearms must be prescribed by law. These
restrictions should limit the use of firearms to circumstances in which there is an
imminent threat of death or serious injury, or to prevent the commission of a serious
crime involving a grave threat to life, and only when less extreme measures are
insufficient to achieve these objectives.
7.5. In the planning, preparation and conduct of an assembly operation, tactical and other
measures must be taken to avoid the use of force and, where force is unavoidable, to
minimise the harmful consequences of the use of force. If law enforcement officials use
force that is necessary and proportionate, but the need to use force could reasonably
have been prevented from arising in the first place by exercising all precautions in the
planning, preparation and conduct of an assembly operation, they should be held
accountable.
7.6. All law enforcement officials must receive training on the lawful, proportionate and
necessary use of force and on alternatives to the use of force, such as understanding of
crowd behaviour and techniques in crowd facilitation and management, de-escalation
and a graduated response to tension or violence, and on first aid.
7.7. Law enforcement agencies should provide officials with appropriate personal protective
equipment and appropriate less-lethal weapons to reduce reliance on means capable of
causing death or serious injury. Appropriate protective and less-lethal equipment
includes shields, helmets, batons, bullet proof jackets and other equipment and less-
lethal weapons that have been independently tested and verified for the accuracy,
reliability and suitability to crowd management situations and comply with regional and
international human rights standards.
7.8. The use of remote controlled weapons is discouraged, and their procurement by State
Parties must be subject to independent testing and verification for accuracy, reliability
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and suitability to crowd management situations, and their compliance with international
human rights standards. If such weapons are used, law enforcement officials must be
trained in the use of such equipment, remain actively in control of the delivery of force,
and limit the use to circumstances in which it is justified, reasonable, proportionate and
necessary, and in a manner that minimises the risk of physical or psychological harm to
assembly participants, observers and by-standers.
7.9. Less lethal weapons and crowd control weapons should only be used when there are
legitimate grounds for the use of force, or for a dispersal, and only in circumstances
when other less harmful means have been exhausted.
7.10. To minimise the harmful effects on assembly participants, observers and by-
standards, law enforcement officials must exercise caution when using indiscriminate
weapons.
7.11. Less lethal crowd control weapons can potentially be abused by law enforcement
officials because of the presumption that they are not lethal. Less lethal crowd control
weapons should therefore only be used in a proportionate manner with the ultimate
aim of protecting persons against harm.
7.12. Weapons that cannot be used safely and effectively in a crowd control setting,
such as multiple projectile shotguns, must be prohibited from use in the conduct of
policing assemblies.
7.13. Law enforcement agencies should maintain registers of the equipment provided
to, and equipment used by, officials deployed in a policing of assembly operation.
7.14. Law enforcement officials should be subject to internal and external systems of
monitoring and reporting on the use of force in accordance with Principle 9.
8. Training
8.1. Law enforcement officials must be adequately trained to facilitate the right to assembly.
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8.2. At a minimum, training for law enforcement officials should include:
8.2.1. The normative framework for the right to assembly, and the importance and
relationship between assembly and other core human rights standards, including
the rights to non-discrimination; equality of, and equal protection before, the law;
the right to life; the right to dignity and freedom from torture and other ill
treatment; the right to liberty and security of the person; the right to have a cause
heard; freedom of conscience; the right to receive information and to express and
disseminate opinions; the right to free association; and the right to participate
freely in the government and equal access to public services and public property.
8.2.2. Effective communication for the facilitation of assemblies, including 'the possible
impact of any indirect communication that may be perceived by organisers and
participants as intimidation, for example, the presence or use of certain equipment
and the body language of officials'.2
8.2.3. Understanding participant behaviour, including 'different types of group behaviour,
how to recognise these groups within the larger assembly, how to differentiate
between various groups of people and their behaviour, and to deal with each
behaviour appropriately, rather than to view the whole assembly in the same way'.3
8.2.4. Minimising conflict, including through the development of negotiation and
mediation skills.
8.2.5. Tactics to promote the de-escalation of tension and violence, and to minimise the
risk of harm to assembly participants, observers and by-standers.
8.2.6. The lawful use of force in accordance with Principle 18.3, and other international
human rights standards such as the UN Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials.
2 Concept borrowed from UN General Assembly, Joint report of the Special Rapporteur on the rights to freedom of
peaceful assembly and association and the Special Rapporteur on extrajudicial, summary or arbitrary executions on the proper management of assemblies, UN Doc. A/HRC/31/66, [38], 4 February 2016. 3 Phrasing borrowed from OSCE/ODIHR, Human Rights Handbook on Policing Assemblies, 2016, at 23.
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8.2.7. The proper use of less lethal weapons to minimise the risk of abuse. Specific
training regimes should be devised for each weapon.
8.2.8. The safety and protection of persons and groups who are particularly vulnerable to
limitations on their right to assembly, and/or human rights violations in the context
of assemblies, on the basis of their status or an intersection of one or more
statuses. This includes but is not limited to race, ethnic group, color, sex, language,
religion, political or any other opinion, national and social origin, fortune, birth,
disability, sexual orientation and gender identity, or being a human rights defender.
9. Oversight, accountability and monitoring
9.1. The responsibility of State Parties and law enforcement agencies to protect, promote
and fulfil the right to assembly extends to establishing effective reporting and review
procedures to address any unlawful use of force, and to providing an adequate, effective
and prompt remedy to persons who experience human rights violations during the
policing of assemblies. To fulfil this obligation, State Parties should establish a dedicated
police civilian oversight body, in the absence of which, an Ombudsman, or national
human rights institution.
9.2. Oversight and accountability mechanisms must have the mandate to:
9.2.1. Receive complaints from the public and law enforcement officials about the
conduct of authorities in the policing of assemblies;
9.2.2. Make thorough, prompt and impartial investigations of all complaints and all
suspected cases of unlawful use of force or other human rights violation by law
enforcement officials;
9.2.3. Monitor and report on the preparation and conduct of all law enforcement
operations;
9.2.4. Make binding recommendations or findings; compel the production of any
document or other evidentiary source; refer cases for internal police discipline;
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refer cases to the public prosecutor; impose disciplinary measures; investigate and
report on systemic issues; and make and enforce orders of restitution,
compensation, rehabilitation or satisfaction.
9.3. Access to complaints, monitoring and oversight mechanisms must be guaranteed for all
persons, without fear of reprisals or punishment.
9.4. State Parties should establish, and disseminate information about, systems and
processes to guarantee the right of access to information for all persons, in accordance
with the African Charter, the African Commission's Model Law on Access to Information
in Africa, and other international normative standards. For the purposes of these
Principles and Operational Standards, information includes records held by a public body
at any level or by a private body performing a public function.
9.5. State Parties should establish processes for the systemic collection and dissemination of
disaggregated data on the policing of assemblies.
9.6. All persons have the right to observe and independently monitor public assemblies,
without fear of reprisal. This includes monitors, journalists and other media workers and
stewards. The right to observe and monitor extends to the active observation of an
assembly, and to the collection, verification, and use of information.
PART III
PREPARATION AND PLANNING FOR THE POLICING OF ASSEMBLIES
10. Procedures for the advanced notification of planned assemblies
10.1. Consistent with the right to freedom of assembly, State Parties are prohibited
from requiring assembly organisers or participants to obtain prior permission from
public authorities to convene an assembly.
10.2. State Parties are encouraged to establish systems for the prior notification of
assemblies for the express purpose of enabling law enforcement officials and other
stakeholders to properly prepare and plan for the assembly. Recognising the possibility
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of spontaneous assemblies, lack of prior notification of an assembly, for instance in the
case of a spontaneous assembly, does not render an assembly unlawful and should not
form the basis of a decision by law enforcement officials to disperse an assembly.
10.3. If a system for the prior notification of assemblies is established by the State
Party, its enactment, interpretation, implementation and enforcement must favour the
presumption of the exercise of the right to assembly by all persons and groups, and not
serve as a de facto system for obtaining permission to hold a public assembly.
10.4. Where a system for the prior notification of assemblies is established in law or by
regulation, information about the system must be made available in writing, be clear,
establish a fair and objective assessment process, require any restrictions placed on an
assembly to be communicated promptly and in writing to the assembly organiser, and
guarantee the right to prompt and accessible administrative and judicial review of
decisions or responses by the public authority in relation to such notification.
10.5. State Parties must clearly establish the public authority responsible for receiving
prior notification of the intention to hold a public assembly, and should provide detail of
any administrative requirements for notification. The public authority responsible for
receiving prior notification has a positive obligation to act promptly on the information.
10.6. Systems for the prior notification of assemblies should be free of charge to
assembly organisers and participants, and should ideally require no more than 48 hours
advanced notice, or such time as required by law enforcement agencies to prepare for
the assembly. The administrative requirements for prior notification should not unduly
burden assembly organisers, such that they limit the right of persons and groups to
make prior notification.
11. Procedures for responding to assemblies without prior notice
11.1. The conduct of an assembly without prior notice to public authorities, and
spontaneous or small assemblies, are protected by the right to freedom of assembly
pursuant to regional and international law.
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11.2. Spontaneous assemblies should be protected by law enforcement officials to the
extent that they are peaceful. Law enforcement officials should make all efforts to
ensure the facilitation of such assemblies, and limit any actions to restrict or disperse
these assemblies in a manner consistent with these Principles and Operational
Standards and which satisfy the principles of legality, necessity, proportionality, non-
discrimination and equality before the law.
11.3. As soon as practicable after knowledge is gained of an intended or actual
assembly, law enforcement officials must take all reasonable steps to identify and
communicate with assembly organisers and/or participants, and to take immediate
steps to prepare for the facilitation of the assembly.
11.4. Law enforcement agencies should have in place systems to anticipate and plan
for the conduct of assemblies without prior notice, including in relation to known or
scheduled political or social events, commemorative days, or in anticipation of decisions
made by courts, parliaments and other state authorities.
12. Information gathering and intelligence
12.1. To facilitate of the right to assembly, law enforcement officials require accurate
information to conduct of risk assessments, contingency planning, and the necessary
and proportionate deployment and equipping of law enforcement officials. Information
may be collected through a system for the prior notification of assemblies,
communication between law enforcement officials and assembly organisers, observers
or third parties, or through law enforcement information and intelligence gathering
techniques..
12.2. The collection and processing of information, and the tactics permitted to be
used by law enforcement officials in pursuit of this objective, must be regulated by law
in a manner consistent with the right of access to information, the right to privacy, the
presumption of innocence, and guarantees of due process pursuant to the African
Charter and other relevant international human rights instruments. Any information
collected and processed by law enforcement officials must be reasonable, necessary and
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proportionate to a legitimate law enforcement purpose, and must not be used to
harass, intimidate or discourage persons from exercising their right to assemble.
13. Communication and facilitation with assembly organisers and other stakeholders
13.1. Law enforcement agencies should prioritise communication with all stakeholders
in their approach to the facilitation of assemblies, in order to foster trust and confidence
in the policing of assemblies, assists in risk assessment and contingency planning, and to
prevent the escalation of tension and violence.
13.2. As soon as practicable after notification of intention to hold an assembly is given,
or knowledge is gained of an intended assembly, law enforcement officials must take all
reasonable steps to identify and communicate with assembly organisers and/or
participants, and must be able to evidence their attempts to engage in such
communication. To facilitate structured and effective communication prior to an
assembly, law enforcement agencies are encouraged to establish formal communication
processes or mechanisms in terms of Principle 7.
13.3. Communication by law enforcement officials with assembly organisers and/or
participants prior to an assembly should focus on gathering information to assist in risk
assessment and contingency planning for the facilitation of an assembly. This includes
information such as the expected size and modality of the assembly, the location, time
and expected duration of the assembly, the profile of participant groups or persons
(particularly persons to whom special protections may be afforded under the African
Charter, or those who may be vulnerable to rights abuses because of their status), any
subsequent change in circumstances or context, or any concerns about the security and
public safety measures, deployment or policing operation.
13.4. Law enforcement officials should make every effort to engage in communication
with assembly organisers and participants about planned security and public safety
measures (including any limitations or restrictions placed on the assembly), proposed
deployment, and the outcomes of risk assessments and contingency planning.
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14. Risk assessment and contingency planning
14.1. The facilitation of the right to assembly, and the lawful, proportionate, necessary
and non-discriminatory application of any limitations or restrictions on the right, require
law enforcement agencies make evidence-based risk assessments and contingency
plans. Risk assessments and contingency plans should be communicated to interested
stakeholders
14.2. Risk assessments should:
14.2.1. Favour the presumption of the exercise of the right to assembly by groups and
individuals and make provision for the protection of this right, including as it relates
to the safety and security of assembly participants, observers, and by-standers;
14.2.2. Be evidence-based;
14.2.3. Take into account current and historical factors, such as prevailing political or
social tensions, and previous assemblies on similar issues and/or by similar groups;
14.2.4. Assess, to the extent possible, the intentions of the assembly organisers,
including whether their intentions in the context of the assembly are peaceful or
non-peaceful;
14.2.5. Apply consistently to different types of assemblies, and be subject to transparent
decision-making;
14.2.6. Be subject to continual revision based on the most current information and
intelligence;
14.2.7. Take specific account of the safety and protection of persons and groups who are
particularly vulnerable to limitations on their right to assembly, and/or human
rights violations in the context of assemblies based on their status, or an
intersection of one or more statuses, such as race, ethnic group, color, sex,
language, religion, political or any other opinion, national and social origin, fortune,
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birth, disability, sexual orientation and gender identity, or being a human rights
defender;
14.2.8. Be designed to identify and address risks in a manner that satisfies the principle
of legality, is in pursuit of a legitimate interest as defined by international human
rights law, is necessary and proportionate measure to achieve that end within a
democratic society, and consistent with the principles of equality before the law
and non-discrimination;
14.2.9. Include consideration of the need to adapt to multiple scenarios and outcomes,
including but not limited to variations on the size, route, duration and modality of
the assembly, and the risk of counter-assemblies or simultaneous assemblies.
14.3. Contingency plans and evidence-based precautionary measures should be made,
with the express purpose of promoting the right of assembly participants to equal
enjoyment of public spaces with others, with tolerance for peaceful disruption to
ordinary commercial and civic activity, and the free flow of traffic, and to promote the
safety and security of those exercising their right to assembly, independent monitors,
and by-standers.
14.4. Contingency plans must be based on an evidence-based risk assessment and
satisfy the principle of legality, be in pursuit of a legitimate interest as defined by
international human rights law, be a necessary and proportionate measure to achieve
that end within a democratic society, and satisfy the principles of equality before the
law and non-discrimination..
14.5. Contingency plans should provide for:
14.5.1. The provision of basic services, including traffic management and medical
services;
14.5.2. Escalation of tension and the potential for violence during assemblies;
14.5.3. The potential for counter assemblies or simultaneous assemblies;
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14.5.4. The graduated use of coercive measures and force in accordance with these
Principles and Operational Standards and other relevant international human rights
standards on the use of force by law enforcement officials;
14.5.5. Measures to minimise harm in all scenarios, including the protection and safety
of law enforcement officials, assembly participants, independent monitors and by-
standers, with special measures in place to identify and provide specific protection
to groups vulnerable to rights abuses in accordance with Principle 8.2.8;
14.5.6. Adverse weather conditions and other environmental factors;
14.5.7. The availability of law enforcement officials, and the obligation of law
enforcement agencies to ensure that officials have adequate rest, and access to
food and water, and safe conditions of work;
14.5.8. Maintenance of regular internal communication to ensure that all law
enforcement officials deployed to an assembly operation are aware of the tactical
and other operational plans;
14.5.9. Maintenance of regular external communication with assembly organisers and
participants, independent observers, the media and oversight authorities, including
any changes to the tactical or operational approaches of law enforcement officials
during the conduct of an assembly operation;
14.5.10. Other hazards and risks identified in the risk assessment that are
particular to the context of a particular assembly.
15. Restrictions and limitations on the right to assembly
15.1. The right to assembly under the African Charter is not absolute and is subject to
limitations. Any limitations or restrictions imposed on an assembly by law enforcement
officials must meet the test for limitations in Principle 3, namely that they are consistent
with the African Charter and other human rights standards and satisfy the principle of
21
legality, are in pursuit of a legitimate interest as defined by international human rights
law, are a necessary and proportionate measure to achieve that end within a democratic
society, and satisfy the principles of equality before the law and non-discrimination..
15.2. The decision-making process for management and limitation of assemblies by
law enforcement officials must be transparent, known, accessible, fair and clearly
explained.
15.3. The imposition of limitations or restrictions on the enjoyment of this right by law
enforcement officials or other public authorities should be the exception, rather than
the rule. Limitations and restrictions must be the least intrusive in the circumstances
and be proportionate to a legitimate law enforcement objective that is, itself, consistent
with the obligation to facilitate an assembly and other relevant international human
rights standards. Vague and non-specific limitations such as 'national security' will not
satisfy the test for proportionality.
15.4. Law enforcement officials must not impose restrictions or limitations on the right
to assembly because there is the risk of violence. Any restrictions or limitations placed
on the right to assembly must be evidence-based, precise, follow a process of factual
risk assessments and contingency planning, and be communicated in writing to event
organisers.
15.5. Limitations on the time, place and manner of an assembly are permitted,
providing they subject to risk assessment and contingency planning, and satisfy the
requirements of legality, necessity, proportionality and non-discrimination. If such
limitations are imposed, alternatives must be provided to assembly organisers and
participants by law enforcement officials that are consistent with the right to assembly.
This includes alternatives that facilitate an assembly within the sight and sound of the
intended audience.
15.6. In recognition that the purpose of assemblies is to convey a message to a
particular target, any restrictions on the sight and sound of an assembly must be
reasonable and proportionate to protecting this purpose, and law enforcement officials
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should facilitate, to the extent possible, the holding of assemblies within the sight and
sound of the target audience.
15.7. Mechanisms for the prompt and independent judicial or administrative appeal
against decisions of law enforcement officials to limit or restrict the right to assembly
must be available in law and in practice.
PART IV
DURING THE POLICING OF ASSEMBLIES
16. General principles
16.1. Communication
16.1.1. Law enforcement officials should maintain open communication with all relevant
stakeholders, including assembly organisers and participants, other essential
services provides, and stewards. Law enforcement officials must proactively and
continually communicate the intention of the assembly operation, any limitations
or restrictions imposed on the assembly, and contingency planning in place.
16.1.2. All communication to assembly participants should provide participants with
sufficient time to follow instructions of law enforcement officials of their own
accord, including any warnings or directions provided.
16.2. Deployment
16.2.1. Law enforcement agencies must ensure the visible identification of all law
enforcement officials deployed in assembly operations.
16.2.2. In the deployment of officials to an assembly, law enforcement agencies must
apply risk assessment and contingency planning, which should itself take into
account the potential adverse influence that the visible appearance of law
enforcement officials, deployment tactics and equipping of officials at an assembly
can have on the way in which an assembly develops.
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16.2.3. Consistent with the obligation to facilitate assemblies, law enforcement officials
should always deploy the minimum number of officials necessary to ensure the
protection and safety of officials, participants, observers, and by-standers and take
a graduated approach to the increase of visible policing numbers during the course
of an assembly. Any reinforcement units should be stationed out of the sight of
assembly participants, and to the extent that law enforcement command has
assessed this to be appropriate and practical, and in accordance with the risk
assessment and contingency planning framework in Principle 14.
16.3. Documenting and video recording
16.3.1. Law enforcement officials may document and video record the conduct of an
assembly, providing that such recording and surveillance satisfy the principle of
legality, are in pursuit of a legitimate interest as defined by international human
rights law, are a necessary and proportionate measure to achieve that end within a
democratic society, and satisfy the principles of equality before the law and non-
discrimination..
16.3.2. The documenting and video recording of assemblies by law enforcement officials
must be regulated in national law in compliance with the African Charter, including
in accordance with the rights to privacy and due process.
16.3.3. Law enforcement officials must not use recording and surveillance tactics as a
means to harass or intimidate assembly participants, or to discourage persons or
groups from exercising their right to assembly. Law enforcement agencies must not
share or disclose video recordings or other information with third parties in a
manner that violates the right to privacy or due process.
16.3.4. Law enforcement officials must notify assembly organisers and participants of
the intention to, and purpose of, documenting or video recording an assembly.
Communication should be in a manner that is precise and well understood.
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16.3.5. The retention and use of information gathered through documentation and
video recording of an assembly by law enforcement officials must be regulated in
national law, with retention limited to evidence of the use of force, arrest and
detention, or where there is reasonable suspicion on the part of law enforcement
officials or oversight mechanisms that a crime or misconduct has been committed,
or where a complaint about the conduct of law enforcement officials is made by an
assembly organiser, participant, by-stander or observer.
16.3.6. All persons, including assembly participants, monitors, observers and by-
standers, have the right to record an assembly, including the right to record the law
enforcement operation. This right should be protected by law, with disciplinary and
criminal sanctions in place for law enforcement officials who seize or damage any
equipment, except where such seizure is authorised by an independent judicial
authority.
16.4. Stop and search
16.4.1. The use of stop and search by law enforcement officials in assembly operations
should be a measure of last resort, limited to circumstances in which there is an
actual risk of violence or other criminal activity, and in compliance with the African
Charter and other international instruments and Guidelines, including the African
Commission's Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial
Detention in Africa (the Luanda Guidelines).
16.4.2. The use of stop and search must not be arbitrary, or violate the rights to freedom
of movement, non-discrimination, equality before the law and privacy. The
participation of a person in an assembly is not, prima facie, a reasonable ground to
stop and search that person.
16.5. Arrest
16.5.1. Everyone has the right to liberty and security of the person. Arrest must always
be an exceptional measure of last resort. No one shall be subjected to arbitrary or
unlawful arrest.
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16.5.2. The use of arrest in the context of the policing of assemblies has a legitimate
function to protect and facilitate the right to assembly by all persons. In that
regard, law enforcement officials can exercise the power to arrest for the purpose
of removing persons who are acting violently, or who are otherwise reasonably
suspected of committing an offence. However, arrest powers must only be
exercised on grounds and procedures established by law. Such laws and their
implementation must be clear, accessible and precise, and consistent with the
African Charter, the Luanda Guidelines and other relevant international standards.
16.6. Facilitation of first aid and other essential services
16.7. Contingency plans must include the provision of prompt assistance by medical
aid for any person injured during an assembly. Law enforcement officials must receive
first aid training, and be subject to clear and precise protocols for communicating with
medical service providers in an assembly context. Law enforcement officials should
ensure that traffic management and other contingency planning facilitate the prompt
access to medical services for assembly participants, observers and by-standers.
16.8. The provision of first aid and other essential services by law enforcement officials
must be provided free of charge.
17. Facilitating peaceful assemblies
17.1. Peaceful assemblies that do not comply with restrictions, limitations or terms
of notification
17.1.1. If an assembly organiser, or participants, fail or refuse to comply with any
restrictions or limitations on the conduct of the assembly communicated to them
by law enforcement officials or other public authorities, or the conduct of the
assembly does not accord with the terms set out in the prior notification, the
response by law enforcement officials must be legal, proportionate, necessary,
non-discriminatory and consistent with the provisions in relation to dispersals and
the graduated use of force as set out in these Principles and Operational Standards.
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17.1.2. Law enforcement agencies should not disperse assemblies simply for technical
violations of limitations or restrictions without other serious cause, and any
dispersal should be based on the obligation to make continuous assessments of the
situation.
17.2. Access to, and the protection of, property
17.2.1. State Parties have a responsibility to achieve the proper balance between the
right to assembly and competing rights of other citizens whose lives, trade and right
to movement may be affected by the exercise of the right to assemblies. States
should tolerate the temporary disruption of business and traffic which is inevitable
in the exercise of the right to assembly. Assembly is no less legitimate a use of
public space than commercial and civil activities and the free flow of traffic.
17.3. Facilitating multiple assemblies
17.3.1. The right to assembly extends to the right to engage in simultaneous or counter-
assemblies. The prohibition of banning of one or more assemblies on the sole basis
that it is a counter assembly or a simultaneous assembly is an unlawful violation of
the right to assembly. The role of law enforcement officials in this context is to
protect and facilitate the right to assembly of all persons to the extent practicable
and in compliance with the African Charter, these Principles and Operational
Standards and other relevant international human rights standards.
17.3.2. If law enforcement officials impose limitations or restrictions on simultaneous or
counter-assemblies in accordance with these Principles and Operational Standards,
the principle of non-discrimination applies to ensure that assemblies in comparable
circumstances do not receive different or more onerous limitations or restrictions.
17.3.3. If law enforcement officials deem it impossible to facilitate counter or
simultaneous assemblies precisely as planned, they should give preference to the
facilitation of the first assembly notified (except where such notification is provided
in bad faith), and provide alternatives to the other assemblies. The alternatives
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should take into account any need to facilitate the conduct of a counter or
simultaneous assembly within the sight and sounds of the other assembly, and take
account of additional policing resources to ensure the proper facilitation of all
assemblies and the protection of all assembly participants, observers and by-
standers.
18. Managing non-peaceful assemblies
18.1. General principles
18.1.1. In accordance with Principle 2, during operations to manage non-peaceful
assemblies, law enforcement officials must not derogate from the fundamental
rights to life, freedom from arbitrary arrest and detention, freedom from
discrimination, and freedom from torture and other cruel, inhuman or degrading
treatment or punishment.
18.1.2. All action taken by law enforcement officials during the management of non-
peaceful assemblies must satisfy the requirements of legality, necessity,
proportionality and non-discrimination in accordance with the African Charter,
these Principles and Operational Standards and other relevant international
instruments.
18.2. De-escalation
18.2.1. Law enforcement officials and their commanders must continuously monitor
assemblies, with the aim of identifying and proactively addressing issues as they
arise. Contingency plans must include de-escalation tactics that favour the
presumption of the right to assembly, such as open communication and dialogue
with assembly organisers and participants, demonstrating flexibility in the
enforcement of restrictions and limitations on an assembly, and tolerating
individual conduct in the context of peaceful assemblies that do not comply with
restrictions, limitations or terms of notification, on the basis that of the potential
adverse influence that the visible escalation of law enforcement officials tactics can
have on the way in which an assembly develops.
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18.2.2. If disputes or other issues arise during the course of an assembly, law
enforcement officials should, in the first instance and the extent possible, seek to
resolve these issues peacefully through negotiation, mediation and dialogue. The
role of independent observers, including independent monitors, Ombudsmen,
national human rights institutions and local authorities, should be acknowledged
and facilitated in this context by law enforcement officials.
18.2.3. Law enforcement officials should be trained to differentiate between persons
who are acting in violation of the law and/or present, or are threatening to present,
a risk of violence or harm to others, and other participants within the assembly. For
the intervention by law enforcement officials to be legal, proportionate and
necessary in this context, all efforts should be made to identify and remove specific
persons identified as acting in an unlawful or violent manner, and to continue to
facilitate the right to assembly for all other participants.
18.2.4. Crowd control strategies that include measures for containment should be
avoided and only used in exceptional circumstances on the basis that the blanket
application of such measures may be disproportionate and unlawful in the context
of the right to liberty and to freedom of movement, and may escalate tension if
applied discriminately to particular persons or groups and not others. Containment
tactics must allow for exit routes for assembly participants and observers that want
to leave the assembly, and must never amount to prohibited collective detention.
18.2.5. The use of force by law enforcement officials must only be used if other less
harmful means of de-escalation have failed. Any use of force must be in strict
compliance with these Principles and Operational Standards, the African Charter,
the UN Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, and other relevant international human rights standards.
18.3. Use of force
18.3.1. The use of force in the policing of assemblies must be strictly regulated in
national law, in strict conformity with Principle 8, the African Charter, the UN Basic
29
Principles on the Use of Force and Firearms by Law Enforcement Officials and other
relevant international human rights standards.
18.3.2. During policing of assembly operations, law enforcement officials should require
formal approval from the operation commander prior to any use of force, except
where force is evidently necessary and proportionate to protect against an
imminent threat to life or serious physical harm. Any orders to use force must be
carefully and factually evaluated to ensure that the force used is necessary and
proportionate, minimises damage and harm, and complies strictly with the
provisions of Principle 7, the UN Basic Principles on the Use of Force and Firearms
by Law Enforcement Officials and other relevant international law standards.
18.3.3. Law enforcement officials must, as far as possible, apply non-violent measures
prior to the use of force, including communication and de-escalation measures set
out in these Principles and Operational Standards. The use of force must, at all
times, be lawful, necessary, proportionate and non-discriminatory, and tactics must
favour the graduated use of force.
18.4. Dispersing assemblies
18.4.1. The dispersal of assemblies should be a measure of last resort, and law
enforcement officials must act on the presumption that although they have powers
to intervene in an assembly, they should only do so in circumstances in which it is
evidently legal, necessary, proportionate and non-discriminatory to do so.
18.4.2. If an assembly is unlawful but non-violent, law enforcement officials must avoid
the use force to disperse the assembly. Where force is deemed to be a lawful
proportionate response, law enforcement officials must only use the minimum
level of force necessary.
18.4.3. Where an assembly is non-peaceful, or assembly participants are in violation of
the law, law enforcement officials should, to the extent possible, use
communication and de-escalation strategies before attempting to disperse an
assembly. In particular, if dispersal is deemed lawful, proportionate and necessary,
30
law enforcement officials must clearly communicate an intention to disperse the
assembly to participants, and provide participants with a reasonable opportunity to
disperse voluntarily, before any action is taken by law enforcement officials. Force
must never be used against peaceful demonstrators who are unable to disperse
from the assembly.
18.4.4. The authority to issue an order for dispersal should be limited to law
enforcement officials in command of assembly operations, and only ordered in
situations where there is a serious, widespread and imminent threat to the safety
of persons, or damage to property, or the rights and freedoms of others, providing
that all reasonable attempts have been made to minimise the harm. Use of force in
the dispersal of assemblies must comply with these Principles and Operational
Standards, and other regional and international standards on the use of force.
18.4.5. Firearms must never be used to disperse an assembly. The indiscriminate
discharge of firearms into a crowd is a violation of Article 4 of the African Charter
on the right to life.
18.4.6. Non-participants to an assembly, including journalists and independent
observers, may be required by law enforcement officials to disperse, however such
persons must not be prevented from observing and recording the dispersal
operation.
PART V
AFTER THE POLICING OF AN ASSEMBLY
19. Detained persons
19.1. Detention by law enforcement officials should be an exceptional measure of last
resort and no person must be held in detention for more than 48 hours without access
to a judicial or other review mechanism. National regulatory frameworks, policies,
training and standard operating procedures, including those specifically in relation to
the policing of assemblies, must promote the use of alternatives to police custody,
including court summons or police bail or bond.
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19.2. The use of detention by law enforcement officials in the context of assemblies
must conform with the provisions of the Africa Charter and, in particular, Parts 2
(General protections) and 7 (vulnerable groups) of the Luanda Guidelines. This includes
the provision of safeguards such as the presumptive right to bail and bond; the right to
have detention timeously reviewed by a competent authority; and access to confidential
and independent complaints mechanisms, legal services, interpreters, and medical
assistance.
19.3. In a policing of assemblies context, contingency planning must including
measures for the safe custody of persons held in detention at the assembly site, and
their safe and timeous transfer to a recognised place of detention. While mass arrests
are to be avoided, there may be occasions involving public assemblies where numerous
arrests are deemed necessary. Law enforcement officials should not deprive a person of
their liberty if they do not have the resources to facilitate individual arrests.
20. De-briefing and review
20.1. Law enforcement agencies must have in place post-assembly debriefing
processes. These processes should promote monitoring, evaluation and learning, and
identify any failings or good practice in the law enforcement operation in relation to
facilitation of the right to assembly; the effectiveness of risk assessments and
contingency planning, internal and external communication, deployment and
equipment; the use of force; the health, safety and working conditions of law
enforcement officials deployed to the operation (in particular, where law enforcement
officials died or were seriously injured); and tactics, decision-making and future training
needs. Law enforcement agencies are encouraged to make reports of the de-briefing
available to assembly organisers, participants, oversight authorities and other relevant
stakeholders.
20.2. Any use of force by law enforcement officials during the conduct of an assembly
operation should be subject to an automatic, independent and prompt review.
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20.3. The discharge of a firearm by a law enforcement official during an assembly
operation must be reported to operational command, and a report be promptly made to
a competent authority, such as any oversight authority with a mandate to review and
report on police conduct and operations.
20.4. State Parties must conduct a thorough investigation and account for
circumstances surrounding every case of death or serious injury of persons in the
context of assemblies.
20.5. If a person dies as a result of law enforcement action during an assembly, a
prompt, impartial and independent inquiry into the cause of death must be undertaken
by a judicial authority. The purpose of the investigation is to determine the cause,
manner and time of death, the person responsible, and any pattern or practice which
may have brought about that death. The investigating authority must have access to all
necessary information and persons to conduct a thorough, impartial and independent
inquiry.
20.6. Law enforcement agencies should publicly communicate the findings of any
internal de-briefings, investigations (both internal and external) resulting from each
assembly operation.
PART VI
IMPLEMENTATION
21. Implementation measures
21.1. In accordance with Article 1 of the African Charter, States must adopt legislative,
administrative, judicial and other measures to give effect to the Charter, and should take
into account these Principles and Operational Standards to ensure that the rights and
obligations contained herein are guaranteed in law and practice, including during
conflict and states of emergency. State Parties are encouraged to review existing
legislative, administrative and other provisions to assess compatibility with these
Principles and Operational Standards.
33
21.2. State Parties are encouraged to disseminate these Principles and Operational
Standards to law enforcement officials, and other state security and justice agencies,
Ombudsman, national human rights institutions, national preventative mechanisms,
statutory oversight authorities and civil society.
22. Application
22.1. State Parties remain responsible for ensuring that the provisions of the African
Charter, these Principles and Operational Standards, other relevant instruments
developed by the African Commission pursuant to the Charter, and other relevant
international laws and standards are applied to the policing of assemblies.
23. Training
23.1. State Parties must ensure that all officials who are involved in the facilitation or
management of assemblies are properly trained in relation to the provisions of these
Principles and Operational Standards. The provisions of these Principles and Operational
Standards and other instruments developed by the African commission pursuant to the
African Charter should be incorporated into the curricula of all basic and in-service
training for relevant public officials.
24. Reporting
24.1. State Parties to the African Charter must provide information on national
compliance with these Principles and Operational Standards in their reports to the
African Commission pursuant to Article 62 of the African Charter.
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