violation of Article 10 of the Charter. Alleged violation of Article 12 (1) and (2) 120. The Complainants submit that the fact that they were forced to flee the country as a result of the harassment and intimidation to which they were subjected as well as their apprehensions about what awaited them should they return to Sudan, is a violation of their rights under Article 12(1) and (2) of the Charter. 121. Article 12(1) of the Charter provides that every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law . 122. The Commission recalls its decisions John D Ouko v Kenya , 36 and in Sudan Human Rights Organization and Center on Housing Rights and Evictions v Sudan , 37 in which the Commission found a violation of Article 12(1) of the Charter in circumstances where the complainants were forced to flee their country of residence because of persecution by the authorities. 123. The Commission notes that it has already been established in the present Communication that the Complainants had a well-founded fear of the risk of further persecution should they have stayed in Sudan considering the treatment to which they were previously subjected and the nature of their jobs. The Commission considers that the fact that they were prevented by such fear of persecution from residing in Sudan constitutes a violation of Article 12(1) of the Charter. 124. Article 12(2) of the Charter provides that [quote]every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subjected to restrictions provided for by law for the protection of national security, law and order, public health or morality. 125. The Complainants have submitted that their continued human rights work, coupled with the complete impunity with which the authorities perpetrated the violations against them, has prevented them from returning to Sudan. 126. As Sudanese nationals, the Commission considers that Mr. Monim Elgak and Mr. Amir Osman have a right of return to their country except if it can be shown that their return will be a danger to national security, law and order or public health or morality. This not being the case in the present Communication and without any information from the Respondent State to the contrary, the Commission considers that their apprehension of a well-founded fear of persecution by the authorities should they return, is a violation of Article 12(2) of the Charter in respect of Mr. Amir Suliman and Mr. Monim Elgak. Alleged Violation of Article 15 127. The Complainants submit that the Respondent State's closure of KCHRED directly resulted in Mr. Amir Suliman and his staff losing their jobs and as a consequence violated Article 15 of the Charter. 128. Article 15 of the Charter provides that every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work. 129. The Commission has established in its Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights that the right to work should not be understood as an absolute and unconditional right to obtain employment. Rather, the State has the obligation to facilitate employment through the creation of an environment conducive to the full employment of individuals within society under conditions that ensure the realisation of the dignity of the individual. 38 16