157.
Regarding the alleged violation of Article 11 of the Charter, the
Respondent State submits that according to the Constitution, every
individual has the right to peacefully assemble, demonstrate peacefully,
and petition, provided certain restrictions are observed. They add that
Proclamation No. 3/1991 has been enacted to affirm that everyone
possesses the right to organize and participate in peaceful
demonstrations and public political meetings while ensuring that this
right is exercised without infringing on third parties' legal rights.
158.
The Respondent State further asserts that while there is an
obligation to provide written notice 48 hours before the intended
demonstration, the Proclamation does not explicitly require seeking
permission to hold such events per se.
159.
The Respondent State asserts that since the commencement of
political reforms in April 2018, citizens have freely exercised their right
to hold peaceful demonstrations and assemblies, regardless of political
opinions. According to the Respondent State, some "peaceful'" protests
have turned violent, or legal demonstrations have been cancelled due to
threats by community members with opposing views which sometimes
necessitate intervention by the authorities.
160.
The Respondent State submits that the restrictions and
requirements outlined in the Proclamation are in line with the provisions
of the Constitution and Article 21 of the International Covenant on Civil
and Political Rights (ICCPR) and are aimed at facilitating the right to
peaceful assembly while respecting the rights of others. The Respondent
State also argues that in alleging the arrest of demonstrators, the
Complainants have not provided specific details such as the time, place,
and number of individuals arrested, supported by corroborating
evidence.
161.
Furthermore, the Respondent State contends that the
Complainants did not mention whether they contacted or approached
the relevant Government authorities to address any complaints. They
add that without timely reporting of allegations and supporting evidence
to the appropriate institutions, it becomes challenging for the
Respondent State to respond effectively.
Alleged violation of Article 13(1) of the Charter (The right of Freedom to
Participate Freely in Government)
~ 30 ~
African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/