121. In the instant case, it is the Applicants’ contention that Order N° 7580 /
MINSTSP of 20 July 2011 prohibiting political demonstrations in certain
areas of the city violates their rights to freedom of assembly, while the
Respondent on its part contends that the Court lacks competence to
examine the laws of Member States and by implication the instant Order
prohibiting demonstrations.
122. The Court has previously addressed, under the admissibility head, the
Respondent’s contention that the Court lacks competence to examine the
laws of the Member States and will no longer dwell on the same issue.
Besides, the Court has held that “When a sovereign State freely assumes
international obligation and is being held accountable in respect of those
obligations, that State cannot renounce those obligations under the
pretext that the matter in question is one that falls essentially within its
domestic jurisdiction.” MUSA SAIDYKHAN V. REPUBLIC OF THE GAMBIA
RULING NO. ECW/CCJ/RUL/04/09 (2010) CCJELR PAGE 160.
123. The Court will now proceed to analyse whether the rights of the
Applicants to assembly has been violated by the issuance of Order N°
7580 / MINSTSP of 20 July 2011.
124. The Court recalls that States are obligated not to enact laws that restrict
the exercise of fundamental rights enshrined in regional and international
human rights treaties that they are parties to. In this regard, the African
Commission on Human and Peoples’ Rights stated that “competent
authorities should not enact provisions which limit the exercise of this
freedom. The competent authorities should not override constitutional
provisions or undermine fundamental rights guaranteed by the
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