Respondent State wished to end the verbal âdriftingâ of the UFD/EN party and to avoid the repetition
by this same party of its behaviour prohibited by the law, the Respondent State could have used a large
number of measures enabling it, since the first escapade of this political party, to contain this >.
83. The Decree No. 91-024 had in effect, made provision for other sanctions in order to deal with
âslipsâ of political parties. Furthermore, the African Commission finds that the dissolution of UFD/EN
was in conformity with the provisions of the Decree relating to the political parties.
84. The African Commission observes that the UFD/EN party transformed itself legally into UFD/EN
retaining its recognised representatives on the basis of its political statement and its programmes of action.
The African Commission also calls on all the Republican political forces in the Islamic Republic of
Mauritania to work, within the framework of the Constitution, towards the reinforcement of healthy pluralist
and democratic practice which would preserve social unity and public peace.
85. The African Commission notes that the Respondent State contends rightly that the attitudes or
declarations of the leaders of the dissolved party could indeed have violated the rights of individuals, the
collective security of the Mauritanians and the common interest, but the disputed dissolution measure was
ânot strictly proportional?? to the nature of the breaches and offences committed by the UFD/EN.
Holding
For these reasons, the African Commission-:
Finds that the dissolution of UFD/Ere nouvelle political party by the Respondent State was not proportional
to the nature of the breaches and offences committed by the political party and is therefore in violation of
the provisions of Article 10.(1), of the African Charter.
1 The Complainant refers particularly to the article which appeared in the French daily Le Monde, which is
generally well informed and which was [e]ntitled âMauritania plagued by affairism [sic] and a return to
tribalismâ and in which could be read the following âthe word deprivation is not strong enough (to
describe the situation of the Mauritanian) and that to remain afloat the only solution available for the
administration is to divert for its own benefit, part of the monies given by the international community to
finance development projectsâ.
2 Cf. Declaration made for the attention of Mauritaniaâs development partners, page 2.
3 Cf. Declaration quoted above, page 2.
4 Cf. Cr.EDH, Arrest of Ozgur Gundem c. Turkey of 16th March 2000, para. 60
5 Cf. Cr.EDH, Arrest of Ybrahim Askoy c. Turkey of 10th January 2001, para. 78.
6 Cf. Resolution on the Right to Freedom of Association , para. 3
× The regulation of the exercise of the right to freedom of association should be consistent with Stateâs
obligations under the African Charter on Human and Peoplesâ?? Rights.
7 Communication 212/98 Amnesty c/Zambia para. 54.
8 Communication 105/93, 128/94, 130/94 and 152/96 Media Rights Agenda and Constitutional Rights
Project v/Nigeria para. 66
9 Ibid, para. 68.
10 Ibid, para. 69.
11 Cf. Communication 140/94 [sic] cited above, para. 41
12 Cf. Communication 140/94 [sic] cited above, para. 42.
13 Cf. Communication 147/95 and 149/96 Sir Dawda K. Jawara/The Gambia, para. 59
14 Cf. Communication 140/94 cited above, para. 42.
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