Alleged violation of Article 11 of the Charter (The right to Freedom of Assembly) 204. Article 11 of the Charter guarantees that "Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law, particularly those enacted in the interest of national security, the safety, health, ethics, and rights and freedoms of others.” 205. The Commission’s Guidelines on Freedom of Association and Assembly in Africa provide that “States shall fully respect in law and practice the right to freedom of expression through assembly.”65 The Commission notes that the right to assembly is inalienable, which may be limited in fulfilling the circumstances provided under Article 11 of the Charter. 206. According to the Complainants, leading up to the 2015 Elections, the Respondent State unlawfully disrupted peaceful demonstrations. It allegedly employed excessive force to suppress opposition groups and coerce voters, leading to the arrest, injury, and death of peaceful protesters. 207. The Respondent State, in turn, submits 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. The Respondent State also adds that since the commencement of political reforms in April 2018, citizens have freely exercised their right to hold peaceful demonstrations and assemblies, regardless of their political opinions. 208. The Commission recognizes that the right to freedom of peaceful assembly is not absolute. It is on this premise that Article 11 of the Charter has imposed criteria for necessary restrictions, namely: “…provided by law, in particular those enacted in the interest of national security, the safety, health, ethics and rights, and freedoms of others.’ 209. In Women of Zimbabwe Arise (WOZA) and Anor. v Zimbabwe, the Commission held that States must protect and respect individuals’ rights to assembly by preventing any unwarranted interference, violence, or repression against peaceful assemblies by States and non-state 65 Guidelines on Freedom of Association and Assembly in Africa para 77. ~ 40 ~ 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/

Select target paragraph3