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
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