Consideration of the Merits Complainant’s submissions on the Merits Alleged violation of Articles 2, 3 48. Regarding Article 2 of the African Charter, the Complainant argues that the most important aspect of this article is that it prohibits distinction of any kind, and that the grounds listed under the article are not exhaustive, thereby also prohibiting discrimination on other grounds. The Complainant avers that the provision prohibits every kind of discrimination based on ‘’any status’’. 49. The Complainant contends that the placement of a residence qualification on who can vote in referendums and elections is a form of discrimination against Zimbabwean citizens living abroad, which includes the Victims. The Complainant states that the discrimination is made more acute when persons in Government service and their spouses outside the country are not placed under the same restrictions. According to the Complainant, equal treatment requires that all Zimbabwean citizens be allowed to participate in the Government of their country regardless of their place of residence, and that all citizens be afforded the same rights and privileges regardless of the nature of their work abroad. The Complainant further contends that the denial of the Victims’ right to participate in government is also upheld in the Electoral Act, which subjects the Victims to conditions and restrictions not applicable to other citizens residing in Zimbabwe. 50. Regarding Article 3 of the African Charter, the Complainant contends that the Respondent State’s non-implementation of the Provisional Measures issued by the Commission constitute a violation of the Victims’ right to equal protection of the law. Alleged violation of Article 9 (2) 51. The Complainant submits that the right of the Victims to participate in the government of their home country is an extension of their right to freely express and disseminate their political opinions within the confines of the law. The Complainant therefore concludes that by denying the Victims the opportunity to vote in the referendum, the Respondent State has also violated their right to freedom of expression. Alleged violation of Article 13 (1) 52. The Complainant submits that the right of every citizen to participate freely in the government of his or her country is given effect by the State through the 10