The 20 January 2002 Constitution, in its article 9 stipulates that : «All citizens
shall have the right to freely express their opinion through speech, in writing,
through pictures or any other means of communication. Freedom of information
and communication shall be guaranteed. Censorship shall be prohibited.
Access to sources of information shall be free. All individuals shall be entitled to
information and communication. Relevant activities are conducted in
accordance with the law. ».
The Charter on Laws and Liberties, in article 12 states that : « All individuals
shall be entitled to the freedom of opinion and expression which implies the
right to express their opinion without let or hindrance and to look for, receive
and spread information and ideas by any means of expression whatsoever
across borders . ».
* Freedom of Association (article 10 of the ACHPR)
If there is a provision of the African Charter on Human and Peoples’ Rights
which finds its true concrete expression in Congo it is the freedom of
association. Since the advent of multi-partism in the Republic of Congo, many
parties and associations of all sorts with different objectives have been
established. They conduct their affairs freely and the associations bringing
together nationals of various departments or districts abound.
To this effect, the Constitution of 20th January, 2002, stipulates in article 21 :
« the State shall recognise and guarantee, in accordance with the conditions
laid down by the law, freedom from restraint, association, assembly, procession
and demonstration».
The Charter on Rights and Liberties lays down the same provision in article 15:
« All individuals shall be entitled to freedom of association. The exercise of this
right shall only be fettered by the restrictions provided for under the law as
necessary in a democratic society, in the interest of national security, public
safety, public order, or for the protection of public health or morality or the rights
and liberties of others. ».
* Freedom of Assembly (article 11of the ACHPR)
Aforementioned Articles 21 of the 2002 Constitution and 15 of the Charter on
Rights and Liberties enshrine this right.
These provisions come with
restrictions, where the meeting could degenerate into riots and social strife.
d) The right to free movement (article 12 of the ACHPR)
It is guaranteed by the successive Constitutions since the accession of the
Republic of Congo to Independence.
Article16 of the 20 January Constitution provides that:: « All citizens are entitled
to freedom of movement in the entire territory and to freely the leave the country
and return unless he/she is facing a criminal offence. ».
The Charter on Rights and Liberties sets forth the same in article 14 and
includes a clause on the right to asylum.
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