which the Commission was seized, the Commission relies on its
jurisprudence in Kevin Mgwanga Gunme et al. v. Cameroon,77 where
it underscored that States must guarantee the right to freedom of
assembly while maintaining law and order. Therefore, suppression of
demonstrations, including the use of force and the arrest and detention
of people participating in such demonstrations, violates Article 11 of the
Charter.
226.
The Commission also relies on its Guidelines on Freedom of
Association and Assembly, which require States to protect all public
and private assemblies from interference, harassment, intimidation, and
attacks by third parties and non-state actors. Specifically, where third
parties aim to interfere, harass, intimidate, or attack a peaceful
assembly, the authorities' response shall not be to ban or disperse the
peaceful assembly but rather to take measures to protect the assembly
and allow it to proceed.
227.
Considering the above, the Commission stresses that while laws
currently exist in the Respondent State to protect freedom of expression
and assembly, measures taken by the Respondent State during the 2015
Elections curtailed freedom of expression and assembly. Such measures
constitute an unlawful restriction of these rights.
228.
From the foregoing, the Commission accordingly finds that the
restrictions imposed by the Respondent State were not justifiable even
though prescribed by law in contravention of Article 11 of the Charter.
Alleged violation of Article 13(1) of the Charter (The right of Freedom to
Participate Freely in Government)
229.
The Complainants allege the violation of Article 13 (1) of the
Charter, which states:
“Every citizen shall have the right to participate freely in the government
of his country, either directly or through freely chosen representatives in
accordance with the provisions of the law.”
230.
In this Communication, the Complainants allege that during the
2015 elections, some people were systematically prevented from
expressing their views, advocating for their positions, and participating
in political activities, thus undermining genuine political participation.
They allege that the Respondent State impeded political advertising and
77 n 16 above. paras 137-38.
~ 45 ~
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/