7 3. The petitions and the judiciary The National Democratic Institute states that “the exercise of the right to democratic elections cannot be realized without the exercise of related fundamental human rights, including the right to freedoms of opinion, expression (including to seek, receive and impart information), association, assembly, movement, equality before the law and due process of law (including equal protection of the law and to an effective remedy for violations of rights), as well as to life, liberty and security of the person (UDHR Article 19). These rights are not only applicable in Zimbabwe through international obligations; they are applicable directly through the constitution of Zimbabwe (Articles 11-26, The Declaration of Rights.)v The Harare Declaration of 1991, adopted by Commonwealth heads, equally supports this view. It states: We believe in the liberty of the individual under law, in equal rights for all citizens…and in the individual’s inalienable right to participate by means of free and democratic political processes…[we believe in] democracy, democratic processes…the rule of law and the independence of the judiciary, [and] just and honest government. vi Furthermore, the Southern African Development Community (SADC) committed itself in its founding declaration to the promotion and strengthening of “democracy and good governance, respect of the rule of law and the guarantee of human rights.” vii The National Democratic Institute states that “the exercise of the right to democratic elections cannot be realized without the exercise of related fundamental human rights, including the right to freedoms of opinion, expression (including to seek, receive and impart information), association, assembly, movement, equality before the law and due process of law (including equal protection of the law and to an effective remedy for violations of rights), as well as to life, liberty and security of the person (UDHR Article 19). These rights are not only applicable in Zimbabwe through international obligations; they are applicable directly through the constitution of Zimbabwe (Articles 11-26, The Declaration of Rights.)viii The Harare Declaration of 1991, adopted by Commonwealth heads, equally supports this view. It states: We believe in the liberty of the individual under law, in equal rights for all citizens…and in the individual’s inalienable right to participate by means of free and democratic political processes…[we believe in] democracy, democratic processes…the rule of law and the independence of the judiciary, [and] just and honest government. ix Furthermore, the Southern African Development Community (SADC) committed itself in its founding declaration to the promotion and strengthening of “democracy and good governance, respect of the rule of law and the guarantee of human rights.”x v Statement of the National Democratic Institute (NDI) Pre-Election Delegation to Zimbabwe, p.3-4 Harare Declaration, Commonwealth Heads of Government Meeting (CHOGM), Harare, 1991 vii Towards the Southern African Development Community, A Declaration by the Heads of State or Government of Southern African States, Windhoek, 1992 viii Statement of the National Democratic Institute (NDI) Pre-Election Delegation to Zimbabwe, p.3-4 ix Harare Declaration, Commonwealth Heads of Government Meeting (CHOGM), Harare, 1991 x Towards the Southern African Development Community, A Declaration by the Heads of State or Government of Southern African States, Windhoek, 1992 vi AMANI TRUST: Neither Free nor Fair: High Court decisions on the petitions on the June 2000 General Election.