109. The right to freedom of expression is not however an absolute right and similar to the right to participate in government, this right may also be legitimately subjected to limitations, when certain conditions are met. Article 9 (2) of the African Charter provides that one may express his or her opinion “within the law”. As earlier indicated, such expressions, which are commonly referred to as “claw back” clauses, do not give States an unlimited prerogative to do as they wish. Any actions taken to limit rights must be compatible with the African Charter and other applicable human rights standards. 110. In Principle II of its Declaration of Principles on Freedom of Expression and Access to Information in Africa (Declaration on Freedom of Expression) the Commission affirmed that ‘any restrictions on freedom of expression shall be provided by law, serve a legitimate interest and be necessary and in a democratic society’.51 In this regard, the Commission observes that the aforementioned elements are also the same set of criteria it used in determining whether the restrictions placed by the Respondent State on the right to participate in government were in conformity with the African Charter. 111. In the Constitutional Rights Project’s case, the Commission also made the following observations in regard to limitations on the right to freedom of expression, stating that ‘justification of limitations must be strictly proportionate with and absolutely necessary for the advantages which follow. Most important, a limitation may not erode a right such that the right itself becomes illusory’.52 112. In view of its earlier conclusions that the Respondent State’s limitations on the right to participate in government through a residency requirement and on the basis of work abroad is provided by law, in pursuit of a legitimate aim, necessary and proportional, the Commission also mutatis mutandis determines that the same limitations are a legitimate restriction on the right to freedom of expression. Alleged violation of Article 2 113. The importance of the principle of non-discrimination was clearly expressed by the Commission in Purohit and Moore v The Gambia, when it affirmed nondiscrimination as ‘essential to the spirit of the African Charter…and must The African Commission On Human And Peoples’ Rights “Declaration Of Principles On Freedom Of Expression And Access To Information In Africa” (2019) The Declaration is an authoritative interpretation of Article 9 of the African Charter, and was adopted by the Commission at its 65th Ordinary Session, held from 21 October to 10 November 2019, replacing the Declaration of Principles on Freedom of Expression in Africa (2002), adopted at its 32nd Ordinary Session. The relevant provisions have however remained the same in so far as the issues raised in this Communication are concerned 52 Constitutional Rights Project case (n 23 above) para 42 51 28