VIII. Government Restrictions on the Right to Freedom of Expression, Association, and Assembly Election protagonists’ ability to campaign is premised on their right to hold meetings and rallies freely without any obstacles. Further, the SADC Principles and Guidelines call on states to safeguard freedom of movement, assembly, association, expression, and campaigning during electoral processes.66 However, in the past eight years and in the run up to the 2008 elections this has not been the case in Zimbabwe, where police have selectively applied and interpreted laws such as the Public Order and Security Act (POSA) and Access to Information and Protection of Privacy Act (AIPPA) to prevent the opposition from campaigning.67 Human Rights Watch has long argued that these laws significantly limit the rights to freedom of expression, association, and assembly, and as a result significantly impact on the ability of Zimbabweans to freely exercise their will during elections, and on the ability of opposition parties to campaign.68 As part of the SADC mediation talks, the government agreed to review the laws, and (as noted above in Chapter V) parliament passed a number of amendments to POSA and AIPPA (the amendments to the latter are discussed in Chapter IX, below). However, the amendments to these laws—which came into force on January 11, 2008—do not go far enough, and there is little evidence that they have been implemented on the ground. The Public Order and Security Amendment Act (No. 18. 2007) amends provisions of Part IV of the Public Order and Security Act 2002 relating to public meetings, processions, and demonstrations: notifications for public rallies or demonstrations can now be given to the nearest police station (previously notification was given to the regulating authority in which the gathering was to be held). Appeals against prohibition orders will be dealt with on an urgent basis at a magistrates court, and 66 SADC Principles and Guidelines, section 7.4. 67 Human Rights Watch, Not a Level Playing Field; Human Rights Watch, You will be Thoroughly Beaten. 68 Ibid. 27 Human Rights Watch March 2008

Select target paragraph3

Add to table of contents