freedom of assembly, movement and association and has been consistently used by the police to arbitrarily arrest those perceived to be critical of the government.86 Since 2002, laws such as POSA and the Miscellaneous Offences Act (MOA) have been consistently used by the Mugabe government to deny access to the opposition and civil society activists to freely assemble, and associate, and express political opinions (or even apolitical statements and activities). For instance, Zimbabwe Lawyers for Human Rights reported that, in 2004, 950 human rights defenders were arrested under POSA and MOA.87 In 2003, Human Rights Watch reported that the government of Zimbabwe was using restrictive laws such as POSA to close the space for public debate.88 The government has inconsistently applied restrictions on public gatherings. In the areas Human Rights Watch visited, the ruling party was able to hold public meetings and rallies without police notification or permission. In marked contrast, MDC members were sometimes unable to hold public meetings and freely campaign due to POSA. MDC officials pointed out that although section 24 of POSA merely requires police notification to hold a public meeting, police authorities insisted on police permission to hold meetings, which was on arbitrary grounds frequently denied to them.89 MDC candidates indicated to Human Rights Watch that when they were allowed to hold public rallies, severe restrictions were placed on the meetings under POSA.90 In addition, CIO officers insisted on being present at the meetings. The presence of government intelligence officers has an intimidating effect on opposition supporters, and therefore candidates are forced to use innovative means to hold meetings without police or CIO presence. This meant not notifying the police and risking arrest and charges under POSA.91 For instance, one MDC candidate in assemble freely and associate with other persons and in particular to form or belong to political parties or trade unions or other associations for the protection of his interests.” 86 For more on these restrictions, see Amnesty International report, “Rights under Siege,” May 2003 and Human Rights Watch report, “ Under a Shadow: Civil and Political Rights in Zimbabwe,” June 2003 87 Human Rights Watch interviews with Arnold Tsunga, Director Zimbabwe Lawyers for Human Rights (ZLHR) and Otto Saki Lawyer, ZLHR, February 8, 2005. 88 See Human Rights Watch report, “Under a Shadow: Civil and Political Rights in Zimbabwe,” 2003. 89 Section 24 of POSA requires the organizer of a public meeting or gathering to notify the regulating authority (in this case the police) of intention to hold a public gathering. The organizer of a public gathering is required to give at least four clear day’s written notice of the holding of the gathering to the regulating authority for the area in which the gathering is to be held. 90 Sections 23-31 of POSA provide the police with extensive powers to regulate and control any public gatherings, including banning or breaking up meetings if they are deemed to endanger public order. 91 Human Rights Watch interviews with MDC members and candidates, Harare, February 2005; See the Public Order and Security Act for more on sections 23 –31 of POSA. 20