Abstract:
The right of peaceful assembly has been recognised as a
critical component of democracy. In Africa it played a significant role
in the liberation of states from colonial oppression, and continues to
be used to express dissent. The actual exercise of this right, however,
faces significant challenges. Too often, police officers use excessive or
indiscriminate force during assemblies, leading to violations not only
of the right of peaceful assembly but also, in some cases, of the right
to life. Alive to the reality of the threat to life and limb posed by the
unlawful use of force by the police during assemblies, over the past
decades the African human rights system has developed standards for
the use of force during assemblies. This article analyses the legal and
jurisprudential developments around the protection of the right to life
during assemblies and enquires as to whether they are consistent with
international standards and whether they are adequate. It finds that
despite progressive legal development on the protection of the right to life in law enforcement, in general, there is limited jurisprudence on the
specific protection of the right to life in the context of the policing of
assemblies. Consequently, the standards expressed in various instruments
and resolutions are yet to be adequately interpreted and reinforced.
