restrict their ability to practice freely the religion to which they subscribe', in
violation of Article 8. Similar interpretations have also been given in other various
jurisprudences of the Commission."
211.
With regard to Article la, the Commission recalls that it has defined an association
as an organized, independent, not-for-profit formal or informal body based on the
voluntary grouping of persons with a common interest, activity or purpose"?". Its
jurisprudence has held that this right can be enjoyed both by individuals and by
groups'", and construed freedom of association to mean gathering with others and
the right to assemble freely and peacefully.s' In Lawyers of Human Rights v
Suiazilandst, a case where someone was prevented from gathering with others to
discuss human rights and got punished for doing so, the Commission held that his
right to 'freedom of association and assembly' had been violated.
II
212.
The Commission is mindful that the exercise of the right to freedom of association is
subject only to such restrictions established by. law as may be necessary in a
democratic society, in the interest of national security, public safety or public order,
or to protect public healthor morals or ~he,rtghts andfreedoms of others. However,
it is of the view that such restriction refers to instances relating to compelling one to
join an association or to associate with others. The Commission also considers that
the Respondent State failed to prove that the Complainant's lawyer behaved in a
manner that negatively affected or impacted national security, public safety or
order, or public health, morals, or rights and freedoms
others.
of
213.
Considering all the above, the Commission is of the view that Article 8 of the
African Charter does not relate to practice of a vocation, occupation or profession as
the complainants. have expressed. Consequently, the Commission does not find a
violation of Article 8 of the African Charter by the Respondent State. However, in
that the waiver of the lawyer's immunity resulted in his arrest, which affected his
freedom to perform. all of his profession functions without intimidation, hindrance,
harassment or improper interference, the Commission finds a violation of Article 10.
Alleged violation of Articles 12(1) and 12(2)
214.
Article 12proviCles 'that (1) Every individual shall have the right to freedom of
movement and residence within the borders of a State provided he abides by the
law; (2) Every individual shall have the right to leave any country including his
own, and to return to his country. This right may only be subject to restrictions,
provided for by law for the protection of national security, law and order, public
health or morality.
215.
The Complainants aver that their being forced to remain in hiding, to avoid further
abuses by the police and the soldiers occupying their lands, the confiscation of their
39