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Proclamation No. 1238/2021 which repealed Proclamation No.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/