Lack of Legal and Institutional Reforms Restrictions on Rights to Freedom of Expression, Association, and Assembly The unity government has failed to make any changes to repressive laws such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act, and the Criminal Law (Codification and Reform) Act. These laws have been used to severely curtail basic rights through vague defamation clauses and draconian penalties. Provisions dealing with criminal defamation and undermining the authority of or insulting the president have been routinely been used against journalists and political activists. Within the framework of developing the roadmap to free and fair elections, ZANU-PF rejected proposals by the MDC factions to amend POSA in light of abuse of the law by the police and to bring it in line with commitments in the GPA.51 Partisan policing and prosecution has worsened the impact of the repressive provisions in POSA and AIPPA laws. Often the police have deliberately misinterpreted provisions of POSA to ban lawful public meetings and gatherings, including religious meetings, exempt from police permission where the requirement is only for police to be notified. Failure to repeal or significantly revise these laws and to develop mechanisms to address the partisan conduct of the police leaves little chance of a full enjoyment of the rights to freedom of association and assembly in the run-up to and during the coming elections. The Criminal Procedure and Evidence Act in section 121 effectively permits prosecutors to overturn judicial rulings granting bail and extend detention time by seven days.52 It has frequently been used by prosecutors targeting political and civil society activists with local human rights organization. Zimbabwe Lawyers for Human Rights recorded 30 cases between April 2008 and February 2012 during which the section was abused.53 In February 2011 police arrested Member of Parliament (MP) Douglas Mwonzora (of the Tsvangirai-led MDC) and 22 co-accused MDC members on charges of allegedly committing public 51 “Zimbabwe Elections Roadmap with Timelines,” July 6, 2011. 52 Criminal Procedure and Evidence Act, No. 14, 2004, art. 121. 53 “Release of Accused on Bail Repeatedly Thwarted by State Misuse of the Law [Section 121(3) of the Criminal Procedure and Evidence Act],” Court Watch 8/2012, Veritas, April 25, 2012. RACE AGAINST TIME 20