ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
157. The only legitimate reasons for limitations to the rights and freedoms
enshrined in the African Charter can be found in Article 27(2),which is that the
rights of the Charter "shall be exercised with due regard to the rights of others,
collective security, morality and common interest'. As such, for any restriction of
a right recognised in the African Charter to be reasonably justified, it must be in
conformity with the obligations of the State Party and must be legitimate,
absolutely necessary and strictly proportionate to the intended goal being pursued
by the Government.
158. In Media Rights Agenda and Others v Nigeria (Media E.ights case),51 the
Commission held that where a State Party has sought to restrict the rights
enshrined in the African Charter, u[tJhe reasons for possible limitations must befounded
in a legitimate state interest and the evils of limitations of rights must be strictly
proportionate with and absolutely necessary for lhe advarit'ages which are to be obtained."52
The Commission further noted that U[eJve~more important, a limitation may never
have as a consequence that the right itself becomes illusory."53
159. In this case, the evidence shows that the people 9f,South Kordofan and Blue
Nile, especially those of Nuba ethnic origin, had been deliberately cut-off from
having access to national and international media and from effective media
coverage of the violations committed by the Respondent State in South Kordofan
and Blue Nile. Not only has the re~triction of access been done without any
legitimate aim, it is disproportionate to"~ridabsolutely unnecessary for whatever
the intended aim of the Respondent State sought to obtain.
In Civil Liberties Organisation (in respect of Bar Association) v Nigeria,54 the
Commission held that, as a general principle, competent authorities should not
override constitutional provisions or undermine fundamental rights guaranteed
by the constitution and international human rights standards. The Commission
also stated that:
160.
Government should avoid restricting rights, and take special care with regard to those
rights protected by constitutional or international human rights law. No situation
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