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f)~ African Commission on
Human Rights our
Collective Responsibility
Human and Peoples' Rights
justifies the wholesale violation of human rights. In fact, general restrictions on rights
diminish public confidence in the rule of law and are often counterproductioe=
161. In the absence of any rebuttal from the Respondent State, the Commission is
left with no option than to accept as true that there is no justification for their
occurrence.
162. The Commission, therefore, finds that the restriction on the freedom of
expression, access to information and on local and international media are
unjustified, illegitimate, disproportionate, and !~~psolutely.}unnecessary and
therefore amounts to a violation of Article 9(1) of the African Charter.
Alleged violation of Article 12 of the African Charter
163. The Complainants alleged that, by forcibly displacing civt~jePsand by failing
to ensure their safe return, the Respondent State has violated the right to residence
and freedom of movement as enshrined in Article 12 of the African Charter.
164.
Article 12 of the African Charter provides that:
Even) individual shall have the right to freedom of movement and residence within the
borders of a state provided he abides by the law.
165. Free movement is crucial for the protection and promotion of human rights and
fundamental freedoms.w This implies tHat, under the African Charter, the right to
protection from displacement arises from the right to freedom of movement and
residence within the borders of a State as recognised by the African Charter.
166. As the Commission. has earlier noted in its jurisprudence, the right to freedom
of movement and enjoyment of residence is a right guaranteed under the African
Charter to all individuals within a state. Freedom of movement is a right firmly
enshrined in international human rights instruments and the Constitutions of
numerous States. It entails that a citizen of a State generally has the right to leave
that State and return at any time. It also includes the right to travel to, reside or
work in, any part of the State the individual wishes without interference from the
State.
167. Moreover, the proviso for individuals to abide by the law as a condition for the
enjoyment of the right to freedom of movement and residence does not create a
limitation under the Charter. For a restriction on the freedom of movement or
55 As above.
56 Sudan
Human Rights Organisation case (n 30 above) para 187.
33
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