on 30 June 1989, stipulates in section 7 that during a state of emergency any
form of political opposition by any means to the regime of the Revolution for
National Salvation is prohibited where there is “imminent and grave threat to
the security of the country, public safety, independence of the State or
territorial integrity and economic stability.”
As stated above, the Charter contains no derogation clause, which can be seen
as an expression of the principle that the restriction of human rights is not a
solution to national difficulties: the legitimate exercise of human rights does
not pose dangers to a democratic state governed by the rule of law.
The Commission has established the principle that where it is necessary to
restrict rights, the restriction should be as minimal as possible and not
undermine fundamental rights guaranteed under international law. Any
restrictions on rights should be the exception. The Government here has
imposed a blanket restriction on the freedom of expression. This constitutes a
violation of the spirit of article 9.2.
--Amnesty International, Comité Loosli Bachelard, Lawyers Committee for
Human Rights, Association of Members of the Episcopal Conference of East
Africa case, Comm. No. 48/90, 50/91, 52/91, 89/93, 13th Annual Activity
Report 1999 - 2000 (paras. 78-80).
74
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