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The Federal Constitution of the United Mexican States, put in place after the end of the dictatorship of Antonio López de Santa Anna in 1857, greatly expanded human rights in the country. Though it does not explicitly mention association, it refers to related rights. Section 1, Article 9 states, “No one shall be deprived of the right peaceably to assemble or to come together for any lawful purpose; but only citizens shall be permitted to exercise this right for the purpose of taking part in the political affairs of the country” (“Federal Constitution of the United Mexican States of 1857.” 2023).
“Federal Constitution of the United Mexican States of 1857.” 2023. Federal Constitution of the United Mexican States of 1857, World History Commons. Accessed July 14. https://worldhistorycommons.org/federal-constitution-united-mexican-states-1857. +
After its independence from the Soviet Union, Moldova ratified its constitution in 1994 and protected the right to freedom of association. Article 41 of the constitution states that all citizens “shall be free to associate in parties and other socio-political organizations” and outlines the freedom’s restrictions. (Moldova 1994).
Moldova. “Moldova (Republic of) 1994 (rev. 2016)” Constitute 1994
https://www.constituteproject.org/constitution/Moldova_2016 +
Monaco’s constitution, first adopted in 1911 and then heavily revised in 1962, protects the right to freedom of association in the country. Article 30 states that freedom of association is guaranteed by law, though subject to regulation of law (Monaco 1911).
Monaco. “Constitution of the Principality of Monaco” Council of Europe 1911
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2013)021-e +
Chapter 1, Article 3(i) of the 1924 Constitution of the Mongolian People's Republic states: " With a view to securing for the labouring masses of the people freedom of association, the Mongolian People's Republic affords material and moral assistance to the poorest of the working masses (arats and artisans) for union and organisation."
The right to freedom of association in Mongolia can also be found in the 1940 Constitution of the Mongolian People’s Republic. Article 82 grants citizens the right to “unite in public organizations,” which includes trade unions, cooperative associations, youth organizations, sports and defense organizations, cultural, technical, and scientific societies (Anon 19948. 199). The modren Mongolian state also protects freedom of association in its 1992 Constitution in Article 10 (Mongolia 1992).
References:
1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults
Anon. Far Eastern Section, “Constitution of the Mongol People's Republic”, 23 Wash. L. Rev. & St. B.J.
181 (1948).
Mongolia. “Mongolia 1992 (rev. 2001)” Constitute 1992
https://www.constituteproject.org/constitution/Mongolia_2001 +
According to Article 212 of the 1905 Montenegro Constitution: "Citizens have the right to assemble in peace according
to the law." Article 213 of the 1905 Constitution augments this point: "Citizens have the right of assembly when it concerns objects which are not contrary to the laws."
After Montenegro’s formal independence and separation from its union with Serbia in 2006, the country adopted a constitution the following year that included an article on freedom of association. The right is granted to all Montenegro citizens in Article 53 (Montenegro 2007). Montenegro’s earlier constitution, adopted after the breakup of Yugoslavia in 1992, includes a provision promoting freedom of association in Article 40 (“Constitution of the Republic of Montenegro” 1992)
1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=
“Constitution of the Republic of Montenegro” 1992: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2005)096-e
Montenegro. “Montenegro 2007” Constitute 2007: https://www.constituteproject.org/constitution/Montenegro_2007 +
The earliest assertion of the rights to freedom of association in Morocco is found in a 1958 decree, dhahir 1-58-376. The law gives citizens the right to form associations, with Article 5 setting “forth the procedure for declaring an association and maintaining its declared status” (Human Rights Watch 2009, 7).
Human Rights Watch. 2009 “Morocco: Freedom to Create Associations”
https://www.hrw.org/reports/morocco1009webwcover.pdf +
After its independence from Portugal in 1975, the People’s Republic of Mozambique established a socialist state with a constitution that protected freedom of association in its first constitution under Article 27 (Mozambique 1990. 9). In 1990 a new constitution was put into place that reformed the country into its present form, with Article 34 ensuring freedom of association to all (“Constitution of the People’s Republic of Mozambique” 17)
“The Constitution of the People’s Republic of Mozambique.” 2023. Mozambique History.
https://mozambiquehistory.net/justice/constitution/19800000_english_constitution.pdf.
Mozambique “Constitution of Mozambique” 1990 +
Myanmar’s first constitution, created and adopted in 1947 after its independence, contains the earliest provision protecting the right to freedom of association in the country. Found in Section iii of Article 17, it allows citizens to form and join associations, as long as their goal is not to undermine the Constitution (“The Constitution of the Union of Burma” 1948, 3).
“The Constitution of the Union of Burma” 1948 Myanmar Law Library
http://www.myanmar-law-library.org/law-library/laws-and-regulations/constitutions/1947 +
Adopted in 1990, shortly before Namibia’s independence from South Africa, The Constitution of the Republic of Namibia contains the first assertion of the right to freedom of association in the country’s legal code. Provision e of Article 21 guarantees the right to join and form associations, including political parties and trade unions (Namibia 1990).
Namibia. 1990 “Namibia 1990 (rev. 2014)” Constitute
https://www.constituteproject.org/constitution/Namibia_2014 +
Nauru’s Constitution of 1968 explicitly mentions the right to freedom of association in its preamble, as well as in Section 1, 2, and 3 of Article 13. Written shortly after national independence, it is the earliest assertion of this right in the country (Nauru 1968)
Nauru. 1968 “Nauru’s Constitution of 1968” Constitute
https://www.constituteproject.org/constitution/Nauru_1968.pdf?lang=en +
The Nepal Interim Government Act of 1951, put into effect after the Revolution of 1951, proclaims that all citizens have the right to form associations and unions. This is found under Section c of Article 17: Fundamental principles of law (Nepal 1951, 3)
Nepal. 1951 “The Interim Government of Nepal Act, 1951” Constitutionnet
https://constitutionnet.org/sites/default/files/1951%20Constitution%20English.pdf +
Part 2 Section 17 of the Bill of Rights Act ([[Probable year:: 1990]]) states that, “Everyone has the right to freedom of association.”
Although New Zealand does not have a codified constitution, the first explicit mention of freedom of association in New Zealand law is the Bill of Rights Act of 1990, Article 17 of which states that “everyone has the right to freedom of association.” The country had earlier promised to uphold freedom of association by its 1978 ratification of the International Covenant on Civil and Political Rights, which protects this right in Article 22.
“International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights#:~:text=Article%2019,-1.&text=Everyone%20shall%20have%20the%20right,other%20media%20of%20his%20choice.
New Zealand Legislation. “New Zealand Bill of Rights Act 1990.” Parliamentary Counsel Office, July 24, 2023, https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html.
UN Treaty Body Database. “Ratification Status for CCPR – International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en. +
The first mention of freedom of association in Nicaraguan law is found in the 1838 Political Constitution of the Sovereign, Free, and Independent State of Nicaragua, promulgated shortly after the country’s final independence. In Article 14, the constitution states that “popular gatherings that have as [their] object any honest pleasure, the discussion concerning politics, or to examine the public conduct of the [state] functionaries” cannot be impeded.
“Political Constitution of the Sovereign, Free, and Independent State of Nicaragua.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzni0040&collection=cow. +
Freedom of association is found in the first Constitution of Niger, enacted in 1960 shortly after independence. Under Article 7, “political parties and groups shall be instrumental in the expression of the suffrage. They shall be formed and shall carry on their activities freely on condition that they respect the principles of national sovereignty and democracy and the laws of the Republic.”
“Constitution of Niger.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzne0002&id=1&men_tab=srchresults. +
Chapter IV Section 37 of the constitution of the Second Republic ([[Probable year:: 1979]]) states that “every person shall be entitled to assemble freely and associate with other persons, and any political party, trade union, or other association for the protection of his interests.”
Freedom of association is enumerated in the first constitution of independent Nigeria, enacted in 1960. Under Article 25, “every person shall be entitled to … associate with other persons and in particular he may form or belong to trade unions and other associations for the protection of his interests.” The article subsequently lays out broad reservations on this article, precluding its application to laws “reasonably justifiable in a democratic society” that are in the interest of “defense, public safety, public order, public morality, or public health,” as well as those “for the purpose of protecting the rights and freedoms of other persons.”
“The Constitution of the Federation of Nigeria.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzng0011&id=1&men_tab=srchresults. +
The Constitution of the Democratic People’s Republic of Korea, adopted in 1948, purports to grant freedom of association to its citizens. Under Article 13, citizens have the freedom of “assembly, and freedom to form associations, or participate in public demonstrations.” The article specifically says that “every citizen shall have the freedom of organizing and joining democratic political parties, trade unions, cooperative associations, and physical culture, cultural, technical, and scientific organizations.”
Central Intelligence Agency. “Constitution of the Democratic People’s Republic of Korea.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzkp0005&collection=cow. +
Freedom of association is enumerated in the constitution of the Republic of North Macedonia, passed in 1991 shortly after independence from Yugoslavia (when the country was called the Republic of Macedonia). Under Article 20, “citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions.” Citizens may “freely establish associations of citizens and political parties, join them, or resign from them.” Earlier, the 1946 Constitution of the Federal People’s Republic of Yugoslavia, of which North Macedonia was a constituent republic as the People’s Republic of Macedonia, protected freedom of association in Articles 20 and 27.
“Constitution of the Federal People’s Republic of Yugoslavia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/cyugo0001&id=11&men_tab=srchresults.
“Constitution of the Republic of Macedonia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzmk0010&id=10&men_tab=srchresults. +
The Constitution of Norway, which was initially enacted in 1814 (making it the world’s second oldest constitution to still be in effect today, after the United States Constitution), was amended around 2014 to guarantee the right to freedom of association. Under Article 101, “everyone has the right to form, join, and leave associations, including trade unions and political parties.” Before this, Norway pledged to uphold freedom of association when it ratified the International Covenant on Civil and Political Rights in 1972.
“The Constitution, as laid down on 17 May 1814 by the Constituent Assembly at Eidsvoll and subsequently amended, most recently in May 2014.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzno0023&id=1&collection=cow&index=.
UN Treaty Body Database. “Ratification Status for CCPR – International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en. +
Limited freedom of association is protected under the Basic Statute of the State, instituted in 1996, which effectively functions as a constitution for Oman. Under Article 33, “the freedom of forming societies on a national basis and for legitimate objectives and by peaceful means – provided that it is not in conflict with the provisions and objectives of this Basic Statute – is guaranteed in accordance with the terms and conditions stipulated by the [Statute].” Further, “it is prohibited to form societies the activities of which are adverse to the order of society, secret or of a military nature.”
“The Basic Statute of the State.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzom0002&id=1&collection=cow&index=. +
The following is from Part II, Chapter I, Section 17 of Pakistan’s current constitution ([[Probable year:: 1973]]) .
“Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.”
“Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.”
A limited form of freedom of association is provided by the Constitution of the Islamic Republic of Pakistan, enacted shortly after Pakistan became a republic in 1956. Under Article 10, “every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.”
“Constitution of the Islamic Republic of Pakistan.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpk0008&collection=cow. +