Zimbabwe – Ready for Elections? 43 African Commission on Human and Peoples’ Rights (African Commission) and the SADC Tribunal respectively have been met with hostility by state actors in the country. Human rights lawyers have also been arrested for carrying out their work. Beatrice Mtetwa is the most recent and high-profile victim. Arrested in March 2013, further details of her case are discussed in Chapter 4. Media attacks on legal profession have been rampant, lawyers who express their views in court cases have been referred to as “good for nothing” and “bush lawyers”51 by Jonathan Moyo, a ZANU PF political spin doctor. The media attacks on lawyers are not a new phenomenon especially in The Herald opinion columns by Nathaniel Manheru.52 Additional media attacks on lawyers are covered under the Hate speech section in Chapter 4. It is important to note that it is against this background that Zimbabwe heads for an election. Part B: Compliance to foster participation 3.5 Freedom of assembly and association Freedom of assembly and association are fundamental rights in any society, essential for the holding of democratic elections. These rights are recognised in the African Charter on Human and Peoples’ Rights (ACHPR), SADC Guidelines, and the AU Declaration. The African Commission on Human and Peoples’ Rights has extensively deliberated on this right.53 Elections are considered free and fair in instances where all political parties are allowed to campaign freely in the period leading up to elections. They must be allowed to exercise their right to hold meetings and rallies to explain their policies to voters and try to persuade voters to elect them into power. They must exercise their rights in a peaceful manner, however, with due regard to the rights of others and reasonable measures may be taken to protect public order and reduces possibilities for violence.54 The new Constitution guarantees the freedoms of assembly and association. It further provides for the right to demonstrate and petition.55 The police force and other law enforcement agencies are expected to ensure that everyone can exercise these rights freely. However, existing legislation has not been audited or amended to reinforce the new provisions in the Constitution. Selective application of the law by the police56 51 C Mhike “Prof Moyo and company poisoning Zim society” The Herald (12 June 2013) p 8. 52 As above. 53 Article 11 of the ACHPR; Principle 2.1.2 of the SADC Guidelines; Part IV(4) of the AU Declaration. See also Amnesty International v Sudan (2000) AHRLR (ACHPR 1999) para 42& 79; Malawi African Association and others v Mauritania (2000) AHRLR 149 (ACHPR 2000); Media Rights Agenda v Nigeria (2000) AHRLR 200 (ACHPR 1998); Other international law instruments which protect free association and assembly are Article 20 of the Universal Declaration of Human Rights (UDHR); Article 15 of the Convention on the Rights of the Child (CRC); The African Charter on the Rights and Welfare of the Child (ACRWC) article 8; The Convention on the Elimination of all forms of Violence against Women (CEDAW) article 7. 54 The right to free association and assembly is non-derogable and cannot be restricted under the ACHPR. 55 Section 58 & 59 of the Constitution of Zimbabwe Amendment (No 20). 56 See ZLHR submissions to Parliamentary Committee on Home Affairs and Defence (2010).