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Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.
References:
Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. +
The first assertion of the right to freedom of association in Guyana is in the 1966 Constitution, ratified on May 16th. The right is found in Chapter II, Article 13 (“National Assembly of the Parliament of Guyana”, 1966).
1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf. +
The first assertion of the right to associate in Haiti is in the Constitution of 1843, ratified on December 30th. The right is found in Title III, Article 34 (Maury, “Haiti: Constitution du 30 Décembre 1843”, 1843). The Constitution of 1807 makes mention in Title X, Article 30 that “No association…which intends to disturb the public order shall be tolerated in Haiti”, insinuating a right to association that does not disturb the public order, but it does not outright assert the positive right to associate (“The 1807 Constitution of Haiti”, 1807).
Maury, Jean-Pierre. 1843. “Haiti: Constitution Du 30 Décembre 1843.” Haïti, Constitution de 1843, Digithèque MJP. December 30. https://mjp.univ-perp.fr/constit/ht1843.htm.
“The 1807 Constitution of Haiti.” 1807. Haiti: 1807 Constitution. February 17. https://web.archive.org/web/20060419010800/http://www.webster.edu/~corbetre/haiti/history/earlyhaiti/1807-const.htm. +
The first assertion of the right to associate in Honduras was in their Constitution of 1880. The right is located in Chapter Two, Article 9, Number 5 (“Constitución de Honduras de 1880”, 1880).
“Constitución de Honduras de 1880.” 1880. Biblioteca Virtual Miguel de Cervantes. Biblioteca Virtual Miguel de Cervantes. November 1. https://www.cervantesvirtual.com/obra-visor/constitucion-de-honduras-de-1880/html/44ec3699-d923-4453-8da4-3f3ab7f0fe36_2.html#I_0_. +
The first assertion of the right of association in Hungary is the 1949 Constitution, ratified on August 20. The right is found in Chapter 8, Article 56 (“1949 Hungarian Constitution”, 1949).
1949. 1949 Hungarian Constitution. August 20. https://lapa.princeton.edu/hosteddocs/hungary/1949%20Hungarian%20constitution.pdf. +
The first assertion of the right of association in Iceland is in their 1944 Constitution, ratified on June 17, 1944. The right was asserted in Chapter VII, Article 74 (“Constitution of the Republic of Iceland”, 1944).
1944. Constitution of the Republic of Iceland. June 17. https://www.government.is/library/01-Ministries/Prime-Ministrers-Office/constitution_of_iceland.pdf. +
The following is from Gandhi’s “Liberty of the Press” from 12 January 1922:
“Freedom of association is truly respected when assemblies of people can discuss even revolutionary projects, the State relying upon the force of public opinion and the civil police, not the savage military at its disposal, to crush any actual outbreak of revolution that is designed to confound public opinion and the State representing it…. The fight for swaraj means a fight for this threefold freedom before all else."
Part III Article 19 of the Indian Constitution (1950) grants citizens the right to “form associations or unions” (Dalton). +
The Indonesian right of association is first asserted in their 1945 Constitution, ratified on August 18. The right was asserted in Chapter XA, Article 28E (“The 1945 constitution of the Republic of Indonesia”, 1945).
1945. The 1945 Constitution of the Republic of Indonesia. August 18. https://jdih.bapeten.go.id/unggah/dokumen/peraturan/116-full.pdf. +
Article 21 of the Supplementary Constitutional Law of 7 October 1907 states the following:"Societies and associations which do not provoke religious or civil strife are free throughout the realm; but their members must be unarmed and must obey the regulations which the law on this subject shall lay down. Meetings in the high roads or public squares must be held in accordance with the laws of the police."
Under Article 26 of the Constitution of the Islamic Republic of Iran (1979), “The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them” (constituteproject.org).
References:
Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults#
“Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iran_1989. +
Article 12 of Iraq’s 1925 Constitution protected freedom of association: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.
Freedom of association is protected in two different sections of the Iraqi Constitution of 2005. Article 22 Section 3 states that: “The State shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law” while Article 39 Section 1 states that: “The freedom to form and join associations and political parties shall be guaranteed, and this shall be regulated by law” (constituteproject.org).
References:
Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html
“Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005. +
While freedom of association is not explicitly outlined in the Israeli Constitution, the addendum Basic Law: Human Dignity and Liberty of 1992 outlines the fundamental freedoms of life, dignity, and protection afforded to all people (Basic Law: Human Dignity and Liberty, 1992).
"[Basic Law: Human Dignity and Liberty]," [Basic Law: Human Dignity and Liberty] (1992): 150-150 +
Part 1 Title 1 Article 18 of the Italian Constitution ([[Probable year:: 1947]]) states that:
- “Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law.”
- “Secret associations and associations that, even indirectly, pursue political aims by means of organisations having a military character shall be forbidden.” +
The 1960 Constitution of the First Republic of the Côte D’Ivoire openly states its adherence to “the principles of Democracy and of the Rights of Man, as they have been identified by the Declaration of the Rights of Man and of the Citizen of 1789…” (World Constitutions Illustrated). But, it makes no explicit reference to the right of free association until the 2016 Constitution of the Third Republic— Article 20 states that “Freedoms of association, assembly and peaceful demonstration are guaranteed by law” (constituteproject.org).
“Côte d’Ivoire 2016 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Cote_DIvoire_2016.
"Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4 +
Freedom of association has been a protected right since the ratification of the first Constitution of 1962. Chapter III Article 13b states that “Whereas every person in Jamaica is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: … freedom of conscience, of expression and of peaceful assembly and association…” (World Constitutions Illustrated).
"Chapter III: Fundamental Rights and Freedoms," Constitution of Jamaica : 812-824 +
Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."
Article 21 of Japan's 1947 Constitution guaranteed freedom of association as well: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed."
References:
1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889
1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html +
Part I Article 18 of the Jordanian Constitution provides the first mention of freedom of association in Jordan: “18. All Transjordanians shall have the right to assemble together and to form associations within the provisions of the law” (World Constitutions Illustrated).
"Part I: Rights of the People," Constitution of Transjordan : 980-981 +
Freedom of association is protected in several places in the 1993 Constitution of Kazakhstan, but most directly in Chapter 4 Article 16 which states that “Citizens of the Republic shall have the right to form public associations on the basis of free expression of will and community of interests for the implementation of their rights and freedoms”.
References:
"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 112 +
Freedom of association is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 24(1): "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests."
Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of association:
"Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."
The language found in Articles 14(b) and 24(1) of the 1963 Constitutions is repeated exactly in Articles 70 and 80(1) of the the 1969 Constitution. The language from 24(2) of the 1963 Constitution is also repeated in Article 80(2) of the 1969 Constitution, but further points are added to Article 80(2) of the 1969 Constitution.
References:
1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf
1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1
Freedom of association is protected under Article 8: “The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order” (constituteproject.org).
“Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Netherlands_2008. +
Kiribati conditionally protects freedom of association under Chapter II Section 13.1-2 in their 1979 Constitution: “1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association… 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—(a) in the interests of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights or freedoms of other persons; or (c) that imposes restrictions upon public employees…” (constituteproject.org).
“Kiribati 1979 (Rev. 2013) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Kiribati_2013. +