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 An Organ of It,. f' .. ~~ Union ,0,.:2 African

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