Freedom of Peaceful Assembly provide that “as a fundamental right, freedom of peaceful assembly should, insofar as possible, be enjoyed without regulation”.229 It is the state’s obligation to facilitate and protect peaceful assemblies and to ensure that this freedom is not subject to undue bureaucratic regulation.230 161. Despite these and other guarantees, human rights defenders continue to face legal and administrative impediments to the full realization of this right in many participating States. For example, in some participating States, national legislation related to freedom of assembly is of a general nature and lacks clear and complete statements of relevant procedures and principles. In practice, this often results in arbitrary and overly restrictive interpretations and applications of relevant provisions. In a number of participating States, national legislation relating to freedom of assembly explicitly grants excessive power to the authorities to regulate assemblies, including their content, manner, time and place of conduct, and imposes burdensome and far-reaching responsibilities on the organizers of assemblies. Furthermore, domestic laws in some participating States require that organizers seek the authorization of the state prior to holding a peaceful assembly. Sanctions imposed for non-compliance with such regulations are often disproportionate and seek to discourage individuals from exercising their right to freedom of peaceful assembly. 162. Legislative and administrative framework: Participating States should ensure that their legislation and practices relating to freedom of assembly are fully consistent with international human rights standards and OSCE commitments. Relevant national legislation should clearly articulate the main principles upon which the protection of this right should be based. These include the principle that the right to freedom of peaceful assembly is a fundamental right, and one which is crucial to a democratic society; the presumption in favour of holding assemblies; the state’s positive obligation to facilitate and protect peaceful assemblies; and the principles of legality, proportionality, non-discrimination and good administration.231 Laws and practices which do not conform to these principles and international human rights standards should be promptly amended or repealed. 163. Participating States should hold meaningful, non-discriminatory consultations with civil society, including human rights defenders, and should ensure their free and active participation in discussions of relevant legislative initiatives. The participation of human rights defenders in consultations should be arranged at the earliest stage possible to ensure that their input can be fully utilized. Authorities involved in drafting or reviewing relevant legislation, as well as those involved in implementing it – including national, regional and local authorities, law enforcement and the judiciary – are encouraged to apply the OSCE/ODIHR-Venice Commission 229  OSCE/ODIHR-Venice Commission, Guidelines on Freedom of Peaceful Assembly, 2nd edition, (Warsaw/ Strasbourg, 2010), para. 2.1. 230  Ibid. para. 2.2. 231  Ibid. para. 2.1-2.6. Guidelines on the Protection of Human Rights Defenders 79