• • • • branch abstaining with respect to the measures decreed by the Executive, which in certain cases may lead to the exact opposite of the rule of law. Proportionality: Article 27(1) of the Convention provides that the suspension may only be effectuated to the extent strictly limited to the exigencies of the situation. This requirement refers to the prohibition on the unnecessary suspension of certain rights, imposing restrictions more severe than necessary, and unnecessarily extending the suspension to areas not affected by the emergency. Non-discrimination: As established in Article 27(1) of the Convention, consistent with Articles 1 and 24, the suspension of rights must not entail any kind of discrimination against any individual or group. Compatibility with other international obligations: The suspension of certain rights must be compatible with all other obligations established in other international instruments…. Reporting: Pursuant to Article 27(3) of the Convention, the declaration of a state of emergency should be reported immediately to all other States parties to the Convention, through the Secretary General of the OAS. --OEA/Ser.L/V/II.106, Doc. 59 rev., June 2, 2000 (para. 70 Jurisdiction: The Anti-Terrorist Legislation). The Civilian African Commission on Human and Peoples Rights In contrast to other international human rights instruments, the African Charter does not contain a derogation clause. Therefore limitations on the rights and freedoms enshrined in the Charter cannot be justified by emergencies or special circumstances. The only legitimate reasons for limitations to the rights and freedoms of the African Charter are found in Article 27.2, that is that the rights of the Charter "shall be exercised with due regard to the rights of others, collective security, morality and common interest." The reasons for possible limitations must be founded in a legitimate state interest and the evils of limitations of rights must be strictly proportionate with and absolutely necessary for the advantages which are to be obtained. Even more important, a limitation may never have as a consequence that the right itself becomes illusory. --Media Rights Agenda and Constitutional Rights Project case, Comm. No. 105/93, 128/94, 130/94, 152/96, 12th Annual Activity report 1998 1999, (paras. 67-70). 25