SECOND SCHEDULE (Section 63) LIMITATIONS ON RIGHTS DURING EMERGENCIES PART I PRELIMINARY Interpretation in Second Schedule 1. In this Schedule "detainee" means a person who is detained under an emergency law that provides for preventive detention; "emergency law" means a written law that provides for action to be taken to deal with any situation arising during a period of public emergency; "fundamental human right or freedom" means a right or freedom set out in Part 11 of Chapter III; "review tribunal" means the tribunal referred to in subparagraph (1) of paragraph 4. PART II LIMITATIONS ON FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS DURING EMERGENCIES Rights that may not be limited An emergency law may limit any of the fundamental human rights or freedoms except the following— (a) the right to life set out in section 37; (b) the rights, set out in section 38(i) to be treated with humanity and respect for inherent human dignity; (ii) to challenge the lawfulness of arrest or detention; (c) the right not to be subjected to medical or scientific experiments, set out in section 39; (d) the right not to be held in slavery or servitude, set out in section 40; (e) the right to human dignity and reputation set out in section 42; (f) the right, set out in section 43, .not to be treated in an unfairly discriminatory manner on the ground of race, colour, tribe, place of birth, ethnic or social origin, language, class, culture, sex, gender, marital status, pregnancy, disability; (g) the right to a fair trial, set out in section 50; (h) the right to a fair hearing, set out in section 51. Extent of limitations permitted 3. (1) Any limitation on a fundamental human right or freedom under this Schedule— (a) must be no greater than is strictly required by the emergency; and (b) must be consistent with Zimbabwe's obligations under international law. - 103 -