legitimate for the State, in order to avoid a drifting to unforeseeable consequences, to take all the requisite measures to safeguard the general interest of the country and to preserve the social fabric as well as to maintain public order and security in a democratic society, and this in conformity with the relevant provisions of the Decree for the creation and dissolution of political parties. 71. The authorities clearly defined the legal causes and bases of this measure. On the causes relating to the dissolution, the Respondent State noted as follows: 1. The activities carried out both inside and outside the country to discredit and destroy the interests of Mauritania. In this regard, the Respondent State cites the communiqu?(C) by the UFD/EN dated 17th September 1998 addressed to Mauritaniaâs development partners with the objective of convincing the donor countries to arrest all economic assistance to Mauritania and the orchestrated disinformation campaign against the country relating to the dumping in the national territory of nuclear waste from Israel; 2. The fact that the UFD/EN had advocated violence as an instrument of its political activities. It also mentioned the Partyâs General Political Statement of the 30 th October 1999 certain passages of which, notably those speaking of the marginalisation and ignorance of the rights of black-Africans, are seen by the Respondent as trying to re-ignite ethnic and racial upheavals in a pluri-ethnic country, disturbances against public law and order blamed on this party and declarations attributed to certain leaders of this party who are reported to have said that they would no longer organise peaceful demonstrations. 72. With regard to the legality of the measure, the Respondent State affirms that this legality is based in Article 11 × Article 11: Parties and political groups shall work together for the formation of the expression of the political will. They shall be formed and shall engage in their activities freely, provided that they respect democratic principles and that, through their objectives or by their actions, they not undermine the national sovereignty, the territorial integrity and the unity of the Nation and of the Republic. The law shall determine the conditions for the creation, the functioning and the dissolution of political parties. of the Constitution which governs the principle of the freedom to set up political parties, on condition that they respect the democratic principles and do not cause prejudice either by objective or by their actions to national sovereignty, to the territorial integrity, to the unity of the Nation of the Republic and Articles 4, 25 and 26 of Decree 91-024 of the 25th July 1991 relative to Political Parties which prohibits any action that may incite intolerance and violence and any effort to organise demonstrations that may compromise public order, peace and security. 73. The Respondent State reiterates that factual evidence existed whereby the UFD/EN was advocating violence, was carrying out subversive activities which were prejudicial to national unity, was training dangerous hooligans who were likely to jeopardise the lives and property of peaceful citizens. 74. This factual evidence, continues the Respondent State, fully justifies the regulatory measure taken against the UFD/EN decided by the Council of Ministers since the threat against order, peace and security was evident. 75. The Respondent State advances several arguments against the authors of the communication to justify the basis of the decision to dissolve the UFD/EN, in particular: • The fact that the activities of and positions taken by the leaders of this party constituted a threat to the fundamental interests and image of the country; • The fact that certain actions and declarations by the party appear to be meant to incite Mauritanians to intolerance and violence; • The fact that some of its members were involved in activities geared towards pushing people to disobedience and disorder thereby endangering public peace and security. 76. According to the interpretation given by the African Commission to freedom of expression and to the right of association as defined in the African Charter, States have the right to regulate, through their national legislation, the exercise of these two rights. Articles 9(2), 10(1), 13(1) of the African Charter all 9