,..CHPJl (~f) 6~!jsE~ Human Rights our Collective Responsibility Hurnan and Peoples' Rights 247. Article 9(2)of the Charter provides that: Even) individual shall have the right to express and disseminate his opinion within the law. 248. Article 11, on the other hand, stipulates that [E] every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessan) restrictions provided for by law, in particular, those enacted in the interest of national securitu, the safehj, health, ethics, and rights and freedoms of others. 249. Being two different articles and provisions, the Commission considers its decision in International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interights (on behalfofKen Saro-Wiwa Jnr) v Nigeria,203 for the underlined close relationship between the rights protected in article 9(2) and 11 to warrant a joint examination. The Commission also echoes its decision in Law Offices of Ghazi Suleiman v Sudan204 that the rights protected in Article 9(2) and Article 11 complement each other in the promotion of democracy on the continent. 250. In particular, the Commission reiterates its position iJ;l 'th~ Constitutional Rights Project, Civil Liberties Organisation and Media Rights Agenda v Nigeria205 supported by the provisions of UN Human Rights Committee, General Comment No.34, Article 19: Freedoms of opinion and expression206 that freedom of expression is a basic human right, vital to an individual's personal development and political consciousness, and to their participation in the conduct of public affairs in their country, including the right to receive information and to express one's opinion in the African Charter. 251. Although the exercise of the rights in Articles 9(2) and 11 permits justifiable limitations in the law, as to the permissible restrictions, the Commission recalls its position in the case of Amnesty International, Comiie Loosli BacheLard, La'wyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa vs Sudan207 that the -Charter contains no derogation clause, which can be an expression of the principle that the restriction of human rights is not a solution to national difficulties. 203 Communications 137/94-154/96-161/97, 204 Communication 228/99, para. 53 205 Communications 140/94-141/94-145/95, 206 CCPR/C/GC/34, 207 Communications 48/90-50/91-52/91-89/93, para.101 para.36 12 September 2011, Para.23 para.79 581 P age ...... African Union https:/achpr.au.lnIlO 0 D