Development Community (SADC). High Court judge Justice Munangati-Manongwa ruled that those falling under the section 43 category but still holding IDs marked “Alien” were eligible to vote in the 2018 harmonised elections. For those who did not qualify for automatic citizenship under sections 36, 37 and 43 of the Constitution, they had to apply for citizenship under section 38 (Citizenship by registration), when they satisfy the constitutional requirements. However, the Citizenship Regulations Statutory Instrument 12 of 2009 set the costs of getting citizenship at $5 000 which costs proved prohibitive. As a result, thousands failed to vote, despite having been resident in the country for decades, having migrated into the country from countries such as Malawi, Zambia and Mozambique. report documented pre-trial inmates who have been detained for over 10 years; overcrowding in some prisons and a high risks for disease; inadequate sanitary conditions and provisions; shortage of clothing; inadequate healthcare and health professionals; and absence of educational facilities for incarcerated juveniles. The ZPCS struggled to provide adequate food and sanitary conditions Freedom of Assembly and Association The government was often hostile to those perceived to be associated to the opposition, though freedom of association is protected by the Constitution. “We are not desperate to register foreigners as citizens, and we are not seeking to get foreigners to choose our government” - Deputy RegistrarGeneral, when asked about challenges facing people entitled to citizenship. On 25 July, a local councillor in Mbire threatened to have community members beaten and their homes burnt down if they voted for opposition political parties. With the POSA law in operation, government crackdown on freedom of assembly and association continued. Those targeted were labour unions, tertiary students and political activists. Although many groups did not seek police approval in terms of POSA, most groups in the stated category that sought to notify the police were either denied permission or got no response from the police. State of Prisons The Constitution added prisoner rehabilitation and reintegration into society to the Zimbabwe Prison and Correctional Services (ZPCS)’s responsibilities, components of the correctional aspect reiterated in ZPCS’s mandate. Prison conditions remained harsh due to financial constraints and overcrowding in some of the older facilities. There were approximately 17,000 prisoners spread across 46 main prisons and 26 satellite prisons in the country. While some prisons operated below capacity, overcrowding continued due to outdated infrastructure and judicial backlogs. In March President Mnangagwa granted amnesty to approximately 3,000 prisoners, including most women and all juveniles, to address overcrowding. The ZPCS struggled to provide adequate food and sanitary conditions, However, ZPCS worked with civil society organisations who assisted in that area. The Zimbabwe Human Rights NGO Forum produced a report on the state of prisons titled “Rights Behind Bars: A Study of Prison Conditions in Zimbabwe 2018”.19Among other findings, the The MDC Alliance accused police of using the cholera epidemic in Harare as an excuse to ban large public assemblies to prevent an MDC Alliance rally on 15 September. Between 16 and 22 September, police forcibly removed vendors who refused to comply with orders related to the cholera outbreak to vacate their stalls in the Harare CBD. Right to Protest Attacks on freedom of assembly and association were closely linked to the right to protest. POSA and the Criminal Code were heavily used to stifle protest. 19. Full report available at http://www.hrforumzim.org/wp-content/upload/2018/10/Prison-Report-2018.pdf 31 STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018

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