3. ARBITRARY RESTRICTION ON PUBLIC ASSEMBLY The clampdown on the right of people to assemble is consistent with past restrictions on public assembly in Zimbabwe. Public assemblies in Zimbabwe are governed by the country’s notorious Public Order and Security Act (POSA), which was enacted in 2002. The legislation prohibits public gatherings not authorised by the police.77 This is in contrast with the Constitution, the International Covenant on Civil and Political (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR), which protect people’s right to demonstrate without any requirement of authorization. POSA gives the Zimbabwe Republic Police wide discretion and powers to arbitrarily stop public assemblies and disperse any protest, often with grave human rights violations, including beatings, shootings, tear gassing, arbitrary arrests and detentions. Invariably, after arrests, protestors are denied bail and some are convicted and imprisoned on trumped-up charges. Prior to the recent crackdown in January, Amnesty International has documented at least three emblematic incidents between February and December 2018 which indicate a clear pattern of disregard for the rule of law and a culture of impunity for serious human rights violations committed by security forces. In February 2018, police shot dead two people and injured four others during clashes between police and commuters protesting the banning of commuter buses in Harare City Centre.78 Police Commissioner Godwin Matanga confirmed the shootings in a public statement and called them ‘regrettable’ but no action has since been taken to investigate the shootings or bring suspected perpetrators to justice.79 In the same month, police dispersed protesting students at the National University of Science and Technology in Bulawayo using water cannons. As students peacefully protested, police arrived and without warning started spraying them with water as well as tear gas.80 On 1 August 2018, authorities used excessive force to disperse protests against the delayed release of election results. Six people were killed, and scores were tortured and injured.81 To date, no investigation has been instituted to hold suspected perpetrators to account. Following those events, President Mnangagwa appointed a commission of inquiry led by former South African President Kgalema Motlante to investigate circumstances surrounding the violence.82 Various concerns were raised about the composition of the As provided in Section 26 of POSA the police officer in charge of a district may prohibit a public gathering if he believes, on reasonable grounds, that it may cause public disorder 78 Amnesty International documented the events and released this statement: https://www.amnesty.org/en/latest/news/2018/02/zimbabweinvestigate-police-role-in-the-killing-of-two-people-during-minibus-violence/ 79 “Public Violence in Harare Central Business District” Statement released by Zimbabwe Republic Police, 23 February 2018 80 See footage and story at https://nehandatv.com/2018/02/27/watch-riot-police-water-cannon-protesting-nust-students-bulawayo-video/ 81 See Amnesty International statement at https://www.amnesty.org/en/latest/news/2018/02/zimbabwe-investigate-police-role-in-the-killingof-two-people-during-minibus-violence/ 82 In an address to journalists at his Munhumutapa Offices in Harare on 29 August 2018, Mnangagwa said he was appointing the commission “in fulfilment of what I have undertaken to do, in order to address the matter in a transparent manner and in the public interest” 77 ‘OPEN FOR BUSINESS, CLOSED FOR DISSENT’ CRACKDOWN IN ZIMBABWE DURING THE NATIONAL STAY-AWAY, 14-16 JANUARY 2019 Amnesty International 18