restated a position from a decision that the Commission had already made in which it had
made the finding that the Republic of Eritrea violated freedom of expression. The Activity
Report in which the decision to publish this report was made, was adopted by the Policy
Organs of the African Union in 2007.
49. The Commission therefore finds the allegation of breach of confidentiality unsubstantiated.
On the allegation of the matter being politicised
50. Article 23 (2) of the Constitutive Act of the African Union
hy
(Ty
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f if) i
Furthermore, any Member State that fails to comply’ val, decisions and policies of the
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Union may be subjected to other sanctions; ||su h, as tt NG ilo
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communications
ii, of , po itical and
links with other Memban StatesS, ang) ipther
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economic nature to be determined by the hea
all ih1
51. The use of sanctions by the African wel
of the Union’s decisions wher
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‘(AU Assem
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af uti] Ih,
iP tecibir Siat
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out to execute the decision, and forge
State! to
it
ae
to cotimply,
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The sanctions are meted
the ¢ decision. The AU Assembly
has the mandate to monitor the impl T lation of “StyHiees and decisions of the Union as
well as ensure comphiance, through app
lit mechanisms in terms of Article 9(1) (e) of
the AU Constitutive| \ Act. For this purpoee andi
appropriate sanctions
as resPath for human rig
for violation of the principles enshrined in the Constitutive Act, such
s aaa
compliance ity ihe decisions HOH
Hn,
deliberativeland polit dal
52. TheCommisal
When
propriate circumstances, it may impose
for i in Article 4(m) of the Constitutive, or for nonttifion. The procedure of imposing sanctions is indeed
notes that Rule 125 of its Rules of Procedure provides that:
submit
Commission may
ig Activity Report in accordance with Article 54 of the African Charter, the
request the Assembly to take necessary measures to implement its decisions.
The Commission shall bring all its recommendations to the attention of the Sub-Committee on
the Implementation of the Decisions of the African Union of the Permanent Representatives
Committee.
This provision constitutes the legal basis upon which a decision of the Commission can
become
subject to the Assembly’s
scrutiny.
This provision
is legal and
it gives
the
Commission a legal and procedural guarantee of bringing matters to the attention of the
Assembly.