ACHPR
African Commission 011
Human and Peoples' Bights
Human Hights our
Collective Responsibility
3. Even) individual shall have the right, when persecuted, to seek and obtain
asylum in other countries in accordance 'with the law of those countries and
international conventions.
4. A non-national legally admitted in a territory of a State Party to the present
Charter, may only be expelled from it by virtue of a decision taken in accordance
with the law.
5. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall
be that which is aimed at national, racial, ethnic or religious groups.
157. Article 12 sets out a broad range of rights encoillpa~sing the rights to freedom
of movement and residence, the right to leave, asylum and prohibition against
mass expulsion or expulsion without due process. It is an article that sets out a
range of different rights but they have been itifetpreted' as ~ihaving a close
relationship with each.other.
158. In Sudan Human Rights Organisation & Centre on Housing Rights and Evictions
(COHRE) v Sudan, the Commission 'held that freedom of movement generally
asserts that a citizen of a state has the right to leave that state and return at any
time." The Commission interpreted the right as including the right to "travel to,
reside in, and/ or work in, any part of the State the citizen wishes, without
interference from the State.
159. In Sir Dauida Jawara v The Gambia, the Commission indicated that freedom of
movement includes the right to ingress and egress.?? The Commission held, in this
case, that restricting the travel outside the Gambia, of former government officials
and parliamentarians violated freedom of movement provided for in Article 12 of
the African Charter.
160. Similarly, in Law offices of Ghazi Suleiman v Sudan where Mr. Ghazi was
threatened with arrest by security officials, if he traveled to Sinnar to give a lecture
on human rights, the Commission found these threats to be in violation of Article
12 of the African Charter, as he was acting to promote and protect human rights
in his country. Specifically, the Commission stated that the acts were
disproportionate to the Victim's work of advancing human rights.