223. There are thus two issues for determination which remain: (a) was the breakup of the protest justified in terms of the reasonable limitations under Article 11 and (b) was the manner in which the protest was broken up in line with the right to assemble as protected in Article 11. (a) Was the breakup of the protest justified? 224. The Charter provides that the restrictions on the right to peaceful assembly must be provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others. The Commission had in its jurisprudence held that where the Government cannot show that the reasons for limiting protests “had any foundation in the ‘interest of national security, the safety, health, ethics and rights and freedoms of others’”, this resulted in a violation of Article 11.65 225. The Commission’s Guidelines on Freedom of Association and Assembly in Africa further provides that “[a]ny limitations imposed shall be in accordance with the principle of legality, have a legitimate public purpose, and be necessary and proportionate means of achieving that purpose within a democratic society, as these principles are understood in the light of regional and international human rights law.” In addition, “The law shall not allow assemblies to be limited based on overly broad or vague grounds.” Furthermore, while “[c]onduct of an assembly will often temporarily hinder, impede or obstruct the activities of third parties, and may have economic consequences; the assembly shall not be dispersed or prevented on such grounds”. Finally, according to the Commission’s Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa, the dispersal of assemblies should be a measure of last resort. 226. As rightly pointed out by the Complainants, the onus is on the State to prove that the limitation imposed on the assembly, in this case ending the assembly, was justified. In this case the State has made it clear that every effort had been made to end the protests through mutual agreement, but that because of the high demands by the protesters, they were not able to reach an agreement. Communication 54/91-61/91-96/93-98/93-164/97_196/97-210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union interafricaine des droits de l'Homme and RADDHO, Collectif des veuves et ayants-Droit, Association mauritanienne des droits de l'Homme / Mauritania, para 111. 65 62