allows States to impose certain limitations on their freedom of movement. Irregular migrants do not have the protections afforded to refugees and asylum seekers, however, the right to freedom of movement, including the right to leave one’s country as protected under Article 12 of the African Charter remains applicable in this case. This approach is also in line with the UN Convention discussed above. 154. Given this background, the Commission will proceed to analyse each of the Articles of the Charter alleged to have been violated. Disputes of fact will be considered as they arise. Analysis of Article 2 155. Article 2 of the African Charter provides that every individual is entitled to the enjoyment of the rights and freedoms in the Charter “without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status”. 156. The Complainant submits that in addition to “national origin”, “immigration status” (considered in the broad sense to include refugees, asylum seekers and irregular migrants) is included under Article 2 as an “other status”, and that the Victims’ subjection to assault and adverse treatment is the result of this status. In this regard they note in particular the “attitudes underpinning the violence to which the group was subject, as revealed in the subsequent insults and derogatory statements, including that the protestors were ‘not human beings’.” In addition, they submit that there is also “apparent racist malice” in the treatment of the Victims, and also aver that the failure to investigate this is in itself a violation. The Respondent State did not specifically comment on this allegation. 157. The Commission in Zimbabwe Lawyers for Human Rights & Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v Zimbabwe defined discrimination as: “any act which aims at distinction, exclusion, restriction or preference which is based on any ground such as race, colour […] or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on equal 40