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Election dispute resolution mechanisms
disorder.70 The police can then negotiate with the convener. Police have abused this
negotiation procedure and imposed conditions on conveners regarding routes that can
be used in processions, restricted other rights during meetings such as singing, or
simply imposed stringent conditions to scare the conveners or defeat the exercise of the
right to association and assembly.
3.6 Association
Freedom of association as a fundamental right secures space for intimacy preventing
the state from exercising too totalising an effect on “who we love and how we love
them.71 Attacks on the freedom of association impair the foundations of society.72 The
new Constitution of Zimbabwe guarantees the freedom of association73 although there
are unpalatable inroads to this right that undermine it in certain provisions of the
Private Voluntary Organisations Act (PVO) as well as many other laws selectively
applied by the authorities. Once again, the laws were not harmonised before the
elections in order to ensure they comply with the new Constitution.
3.6.1
Purported ban of NGOs
In February 2012, operating space for non-governmental organisations (NGOs) was
undermined once again. At least 29 NGOs operating from Masvingo were prevented
from carrying out their work by the governor of Masvingo. Initially, in February, there
were renewed attempts to stop the activities of CSOs operating in certain provinces
such as Masvingo by some political figureheads who sought to compel all NGOs
operating in the province to sign agreements with the governor’s office for them to be
able to continue operating. This illegal process was dogged with corruption to the
highest levels. As a follow up to the illegal actions by politicians, police conducted raids
at premises of select CSOs and obtained some documents that they wanted to use to
formulate their criminal charges.
3.6.2
Media attacks, raids, arrests and prosecutions of CSOs
ZLHR witnessed disturbing trends of media attacks, arrests, raiding of offices, and
confiscation of property of CSOs. The targeted attacks intensified before the
Constitutional referendum that was set to take place on 16 March 2013. After this there
was a short reprieve before attacks on CSOs continued in April 2013. Some targeted
CSOs are involved in activities that contribute to realisation of human rights in general
and also political rights in particular. These activities include civic education, voter
education, voter information, assisting citizens to access voter registration facilities,
elections observation, documentation of human rights violations, psycho-social support,
litigation and access to information. The attacks were meant to destabilise the
70
71
72
73
Section of POSA.
See I Currie et al The Bill of Rights Handbook (2013) p 397.
As above.
Section 58 of the Constitution of Zimbabwe Amendment (No 20).
Select target paragraph3
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