(~;I)ACHPR I .~. African an~._ Commission on Human and Peoples' Rights Human Rights our Collective Responsibility residence to be reasonably justified, the onus is on the Respondent State to show that the limitation on the right, seeks to achieve a legitimate aim, is absolutely necessary and strictly proportional. This onus has neither been rebutted nor dispensed with by the Respondent State in this case. 168. In the Sudan Human Rights Organisation case, the Commission held that: Freedom of movement and residence are two sides of the same coin. States therefore have a dUll) to ensure that the exercise of these rights is not subjected to arbitrary restrictions. Restrictions on the enjoyment of these rights should. be proportionate and necessan) to respond to a specific public need or pursue a legitimate aim. Under international law, it is the dUll) of States to take all measures to avoid conditions which might lead to displacement and thus impact the enjoyment of freedom of movement and residences? 169. In General Comment No.5 on the African Charter on Human and Peoples I Rights: The Right to Freedom of Movement and Residence (Article 12(1)),the Commission clarifies that the right to freedom of movement imposes a duty on the State not to interfere with the enjoyment of the free movement .of individuals. This duty includes not imposing or allowing impediments, whether social constructed or politically driven, in the lawful exercise of the freedom to choose residence.P The Commission also noted that, by the very nature of the territorial component of Article 12, State Parties are required to protect the right to freedom of movement of every person primarily within their borders, which includes every political and administrative subdivisions of States.t? 170. Similarly, under Principle 5 of the UN Guiding Principles on Internal Displacement, national authorities and international actors are required to adhere to international law in relation to their obligations to respect and ensure respect for human rights and humanitarian law, in order to prevent or avoid situations that can lead to internal displacement. 60 An Orgun of the African f~t)) Union ,.,l https:/achpr.au.inVO 0 a