restated a position from a decision that the Commission had already made in which it had made the finding that the Republic of Eritrea violated freedom of expression. The Activity Report in which the decision to publish this report was made, was adopted by the Policy Organs of the African Union in 2007. 49. The Commission therefore finds the allegation of breach of confidentiality unsubstantiated. On the allegation of the matter being politicised 50. Article 23 (2) of the Constitutive Act of the African Union hy (Ty a f if) i Furthermore, any Member State that fails to comply’ val, decisions and policies of the { fe" and Union may be subjected to other sanctions; ||su h, as tt NG ilo HT il communications ii, of , po itical and links with other Memban StatesS, ang) ipther alll] { )| economic nature to be determined by the hea all ih1 51. The use of sanctions by the African wel of the Union’s decisions wher | | Ui] | Hee i fi ui Vv } yp li ‘(AU Assem In Hin y),isis a mechanism for enforcement af uti] Ih, iP tecibir Siat ih out to execute the decision, and forge State! to it ae to cotimply, yee HHT yr The sanctions are meted the ¢ decision. The AU Assembly has the mandate to monitor the impl T lation of “StyHiees and decisions of the Union as well as ensure comphiance, through app lit mechanisms in terms of Article 9(1) (e) of the AU Constitutive| \ Act. For this purpoee andi appropriate sanctions as resPath for human rig for violation of the principles enshrined in the Constitutive Act, such s aaa compliance ity ihe decisions HOH Hn, deliberativeland polit dal 52. TheCommisal When propriate circumstances, it may impose for i in Article 4(m) of the Constitutive, or for nonttifion. The procedure of imposing sanctions is indeed notes that Rule 125 of its Rules of Procedure provides that: submit Commission may ig Activity Report in accordance with Article 54 of the African Charter, the request the Assembly to take necessary measures to implement its decisions. The Commission shall bring all its recommendations to the attention of the Sub-Committee on the Implementation of the Decisions of the African Union of the Permanent Representatives Committee. This provision constitutes the legal basis upon which a decision of the Commission can become subject to the Assembly’s scrutiny. This provision is legal and it gives the Commission a legal and procedural guarantee of bringing matters to the attention of the Assembly.

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