157. Regarding the alleged violation of Article 11 of the Charter, the Respondent State submits that according to the Constitution, every individual has the right to peacefully assemble, demonstrate peacefully, and petition, provided certain restrictions are observed. They add that Proclamation No. 3/1991 has been enacted to affirm that everyone possesses the right to organize and participate in peaceful demonstrations and public political meetings while ensuring that this right is exercised without infringing on third parties' legal rights. 158. The Respondent State further asserts that while there is an obligation to provide written notice 48 hours before the intended demonstration, the Proclamation does not explicitly require seeking permission to hold such events per se. 159. The Respondent State asserts that since the commencement of political reforms in April 2018, citizens have freely exercised their right to hold peaceful demonstrations and assemblies, regardless of political opinions. According to the Respondent State, some "peaceful'" protests have turned violent, or legal demonstrations have been cancelled due to threats by community members with opposing views which sometimes necessitate intervention by the authorities. 160. The Respondent State submits that the restrictions and requirements outlined in the Proclamation are in line with the provisions of the Constitution and Article 21 of the International Covenant on Civil and Political Rights (ICCPR) and are aimed at facilitating the right to peaceful assembly while respecting the rights of others. The Respondent State also argues that in alleging the arrest of demonstrators, the Complainants have not provided specific details such as the time, place, and number of individuals arrested, supported by corroborating evidence. 161. Furthermore, the Respondent State contends that the Complainants did not mention whether they contacted or approached the relevant Government authorities to address any complaints. They add that without timely reporting of allegations and supporting evidence to the appropriate institutions, it becomes challenging for the Respondent State to respond effectively. Alleged violation of Article 13(1) of the Charter (The right of Freedom to Participate Freely in Government) ~ 30 ~ African Commission on Human and Peoples’ Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/

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