with other Member States, and other measures of a political and economic nature to be determined by the Assembly. 51. The use of sanctions by the African Union (AU Assembly) is a mechanism for enforcement of the Union’s decisions where a Member State refuses to comply. The sanctions are meted out to execute the decision and force the State to implement the decision. The AU Assembly has the mandate to monitor the implementation of policies and decisions of the Union as well as ensure compliance, through appropriate mechanisms in terms of Article 9(1) (e) of the AU Constitutive Act. For this purpose and in appropriate circumstances, it may impose appropriate sanctions for violation of the principles enshrined in the Constitutive Act, such as respect for human rights as provided for in Article 4(m) of the Constitutive, or for noncompliance with the decisions of the Union. The procedure of imposing sanctions is indeed deliberative and political. 52. The Commission notes that Rule 125 of its Rules of Procedure provides that: When submitting its Activity Report in accordance with Article 54 of the African Charter, the Commission may 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. 53. When the Commission submits its activity report, it exercises a legal role as an adjudicating body. When the Assembly exercises the processes of deciding whether or not to pass sanctions in terms of Article 23(2) of the Constitutive Act, it exercises its own role in line with its internal rules and political processes outside the scope of this Commission’s powers. The two processes should not be conflated to be the same, as appears to be the case when the Respondent State alleges that the matter has been politicised. 54. The Commission, also notes that the recommendation for the "AU Assembly to take appropriate measures" against Eritrea to enforce respect for the Charter and in particular, respect of freedom of expression was made, by another panellist during the launch of the report and not by the Honourable Commissioner.

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