221.
The Commission believes that the allegations put forth by the
Complainants adequately provided the relevant details of the
occurrences and are sufficient to allow the Respondent State to directly
address the claims and provide the information necessary to defend
against them.
222.
In the case of Malawi African Association et al. v Mauritania,
the Commission ruled a violation of Article 11 of the Charter due to the
Respondent State's failure to provide evidence demonstrating that the
alleged violation of the right to assembly aligns with the limitations
specified under the Charter.75
223.
The Commission underscores that the right to freedom of
assembly, as enshrined in Article 11 of the Charter, serves as a
cornerstone of a democratic society, allowing citizens to participate in
peaceful demonstrations, protests, rallies, and gatherings, collectively
amplifying their voices and thereby reinforcing their freedom of
expression. In the case of International PEN et al. v Nigeria, the
Commission recognized that freedom of assembly and expression are
closely linked.76 This means that restrictions on one of these rights can
also affect the other, creating a "chilling effect" on people's ability to
express themselves and gather peacefully and freely. The guaranteed
right to freedom of expression, which the Commission found to be
violated leading up to the 2015 national election, has a negative
implication on the free exercise of the freedom of assembly.
224.
The Commission acknowledges and commends the steps taken by
the Respondent State to ensure freedom of expression and assembly after
the political reform in 2018. These measures encompass the release of
journalists, activists, and bloggers, the reopening of media outlets
previously closed due to their political stance, and the amendment of the
Anti-Terrorism Proclamation, Mass Media Law, and Civil Society
Proclamation, which were identified as factors that impeded the exercise
of freedom of expression, association, and assembly.
225.
However, based on the facts and circumstances in this
Communication relating to the occurrences of the 2015 elections of
75 Communication 54/91_61/91_96/93_98/93_164/97 _196/97 _210/98 Malawi African Association,
Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l'Homme and RADDHO,
Collectif des Veuves et Ayants-Droit, Association Mauritanienne des Droits de l'Homme v Mauritania
(2000) ACHPR para 111.
76 Communication 137/94-139/94-154/96-161/97 International PEN, Constitutional Rights Project,
Civil Liberties Organisation and Interrights (on behalf of Ken Saro-Wiwa Jnr) v Nigeria (1998) ACHPR
para 110.
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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/