Alleged violation of Article 11 of the Charter (The right to Freedom of
Assembly)
204.
Article 11 of the Charter guarantees that "Every individual shall
have the right to assemble freely with others. The exercise of this right
shall be subject only to necessary restrictions provided for by law,
particularly those enacted in the interest of national security, the safety,
health, ethics, and rights and freedoms of others.”
205.
The Commission’s Guidelines on Freedom of Association and
Assembly in Africa provide that “States shall fully respect in law and
practice the right to freedom of expression through assembly.”65 The
Commission notes that the right to assembly is inalienable, which may
be limited in fulfilling the circumstances provided under Article 11 of the
Charter.
206.
According to the Complainants, leading up to the 2015 Elections,
the Respondent State unlawfully disrupted peaceful demonstrations. It
allegedly employed excessive force to suppress opposition groups and
coerce voters, leading to the arrest, injury, and death of peaceful
protesters.
207.
The Respondent State, in turn, submits that in alleging the arrest
of demonstrators, the Complainants have not provided specific details
such as the time, place, and number of individuals arrested, supported
by corroborating evidence. The Respondent State also adds that since
the commencement of political reforms in April 2018, citizens have freely
exercised their right to hold peaceful demonstrations and assemblies,
regardless of their political opinions.
208.
The Commission recognizes that the right to freedom of peaceful
assembly is not absolute. It is on this premise that Article 11 of the
Charter has imposed criteria for necessary restrictions, namely:
“…provided by law, in particular those enacted in the interest of national
security, the safety, health, ethics and rights, and freedoms of others.’
209.
In Women of Zimbabwe Arise (WOZA) and Anor. v Zimbabwe,
the Commission held that States must protect and respect individuals’
rights to assembly by preventing any unwarranted interference, violence,
or repression against peaceful assemblies by States and non-state
65 Guidelines on Freedom of Association and Assembly in Africa para 77.
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African Commission on Human and Peoples’ Rights
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West Coast Region, The Gambia,
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