constitution and the rule of law, including conformity with all obligations acquired by international treaties. --Second Progress Report of the Special Rapporteurship on Migrant Workers and Their Families in the Hemisphere, Annual Report of the IACHR 2000 (para. 97). African Commission on Human and Peoples Rights The Government … has relied on the “draw-back” clause of Article 12(2): This right may only be subject to restrictions, provided for by law for the protection of national security, law or order, public health or morality…. The deportation order also stated that the deportees were considered “a danger to peace and good order to [the State party]”. The Commission is of the view that the “draw-back” clauses must not be interpreted against the principles of the Charter. Recourse to these should not be used as a means of giving credence to violations of the express provisions of the Charter. Secondly, the rules of natural justice must apply. Among these are the audi alterm partem rule, the right to be heard, the right of access to the Court. The Court … in Banda’s case failed to examine the basis of administrative action and as such, it has not been proved that the deportees were indeed a danger to law and order. In any event the suggestion that they were “likely” to be a danger was vague and not proved. It is important for the Commission to caution against a too easy resort to the limitation clauses in the African Charter. The onus is on the state to prove that it is justified to resort to the limitation clause. The Commission should act bearing in mind the provisions of Articles 61 and 62 of the Charter. --Amnesty International case, Case No. 212/98, 12th Annual Activity Report 1998 - 1999 (paras. 49-50). 84