statutory instrument made by the Minister of Justice, Legal and Parliamentary Affairs with the prior approval of Parliament. 83 127. The following part of this analysis surveys the law of Zimbabwe in relation to freedom of association in so far as it provides the legislative context for the Commission of Inquiry’s consideration of the present complaint. B. Legislative survey of freedom of association Civil liberties 128. The Constitution of Zimbabwe is the principal legal source of civil liberties in the country. Chapter III of the Constitution sets out the Declaration of Rights. The fundamental rights and freedoms of individuals specified in this chapter include the rights to life (article 12), personal liberty (article 13), protection from inhuman treatment (article 15), secure protection of the law (article 18), freedom of expression (article 20), freedom of association and assembly (article 21), and freedom of movement (article 22). Any person whose rights under the Declaration of Rights have been, are being or are likely to be contravened may apply to the Supreme Court for redress (article 24(1)). 129. Freedom of expression, association and assembly can be limited by legislative provisions made “in the interests of defence, public safety, public order, the economic interests of the State, public morality or public health”, as well as for the purpose of protecting the rights and freedoms of other persons, and which are reasonably justifiable in a democratic society (articles 20(2) and 21(3)). Furthermore, these freedoms cannot be exercised “in or on any road, street, lane, path, pavement, sidewalk, thoroughfare or similar place which exists for the free passage of persons or vehicles” (articles 20(6) and 21(4)). Finally, the exercise of these freedoms by “public officers” can also be restricted (articles 20(2) and 21(3)). 130. Article XII of the GPA referring to freedom of assembly and association, notes that “public meetings have to be conducted in a free, peaceful and democratic manner in accordance with the law”. To that end, the Government should “undertake training programmes, workshops and meetings for the police and other law enforcement agencies” on the issue of freedom of assembly and association and the “proper interpretation, understanding and application of the provisions of securing legislation”. For the purposes of ensuring that all state bodies and institutions perform their duties ethically, professionally and in conformity with the principles and requirements of a multi-party democratic system, the parties agreed to include the subjects of human rights, international humanitarian law and statute law in the training curriculum of members of the uniformed forces (article XIII). 131. Part II of the POSA 84 provides for offences against constitutional government and public security, which include such acts as publishing or communicating false statements prejudicial to the State (section 15) and undermining the authority of or insulting the President (section 16). Any person who publishes or communicates a statement which is substantially false and which may incite or promote public disorder or violence, endanger public safety, adversely affect the defence or economic interests of Zimbabwe, undermine public confidence 83 Section 280 of the Criminal Law Act. 84 Part II also contains provisions dealing with offences relating to subverting constitutional government, insurgency, banditry, sabotage or terrorism, causing disaffection among the police or defence forces and possession of weapons (sections 5–14). 44 Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3

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