245. The Commission has established that a violation of any of the provisions of the Charter automatically amounts to a violation of Article 1 of the Charter.82 Additionally, requisite steps such as investigating the veracity of the allegations should be taken by the State in accordance with its constitutional process and the provisions of the relevant treaty (in this case, the Charter), and adopt such legislative or other measures which are necessary to give effect to the rights in the Charter. 246. Therefore, having found violations of Articles 9, 10, 11, and 13(1) of the Charter, the Commission holds that there is a violation of Article 1 of the Charter. The Decision of the Commission on the Merits 247. In light of the above, the Commission: a. Declares that the Respondent State is in violation of Articles 1, 9, 10, 11, and 13(1) of the Charter; b. Acknowledges the Reforms made by the Respondent State after the 2015 Elections, including the Amended Electoral Law; Revised Political Parties Registration Proclamation; Electoral Code of Conduct for Political Parties; Directive for the Registration of Candidates; Directive for the Registration of Electors; Directive Concerning the Procedure for Observers and Representatives of Political Parties; the Regulation Concerning the Procedure for Determining the Apportionment of Government Financial Support to Political Parties; as well as Proclamation No. 1238/2021 which repealed Proclamation No. 590/2008 (the law which previously governed Mass Media and Access to Information); c. Calls on the Respondent State to: i. Continue reforming national laws perceived to restrict freedom of expression, association, assembly, and right to freely participate in government; ii. Implement amended laws resulting from the 2018 political reforms in a manner that guarantees the full enjoyment of the rights to freedom of expression and access to information; 82 n 4 above. ~ 49 ~ African Commission on Human and Peoples’ Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/

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