ACHP African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 217. The Commission notes the Complai1~ant averments that the Victim was persecuted particularly for his membership of the opposition party and his race. The Respondent State however denies complicity in the acts alleged by the Complainant. As elaborated i~ the Commission's Guidelines on Freedom of Association and Assembly in Africa (the Guidelines), the right to freedom of association protects: ex~ression, criticism of government action, advancement of rights of marginalized groups and all other conducts permissible under international law, which includes the right to establish and join political parties." I 218. The Commission has also held that Jhe rigI-tt~;{~f.f~J~~1?m of association and assembly are both individual and dolleGti:Y:~,"~ights,'r:~~ such, States are m~ndated to respect the righ~s of asso~iat~o~s ~'0;j,e~~~~~:~::;tg~}~'T~~r:!'i'ities without threats, harassment, interference, mtlmIdatlQ:tl"or repFi~~l)iof any ki.n~.79 As previously elucidat~d, the.IComplainant'~';'~?:~ertion th~t the VIctim was targeted on the basis of hIS race has not bee:q.:{s;ubstantiated. However, the Commission cgris,i_q~rsthe Complainant's 1?::ffbmissionthat the invasion of the Victim' 1?,propei;ty:,,~las preceded by a speech delivered by the President on 12 I;tln~"2003, iri\yHiFh it Wa;t;:irl~erred that the Victim , "':'''', ""'~< ' . " should be run off his lahd;~::~~\he W:~S' disl(Jyal byvirtue of his support for MDC . .,::.' j': 219. ~e Corrunission therefore find~·.tha ev~n'thOUgh the culprits may not have been operatives of the State,' the Respondent State is however implicated in the violations which ensiled, 'as the attacks were motivated by th~,;,,~peech of the President targetitg the Victim due to his political associ'anpft:f,9,;nd opinion in violation of Articles 10 (1), 11 and 13 (1) of the ,,', ;;',\,1.:;· .. AfricanCharter, \~} " '\ Alleged Viol~Upn of Article 14 of the Afridan Charter 220. Article l~\~f the African Charter proLdes that the right to property can only be encroached upon in the interest I of public need or in the interest of the community, and in accordance w~~h the provisions of the relevant laws.

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