COMPLIANCE
Article XII of GPA acknowledges the importance of freedom of assembly and that public meetings
should be conducted in a free, peaceful and democratic manner in accordance with the law. The
cluster reports already referred to point to the existence of some improvement in the operating
environment for civil society organisations, although it is limited and characterised by instability and
inconsistencies. Some civic society groups were, in some cases able to hold meetings and
demonstrations without police interference. For example, in February 2010, Women of Zimbabwe
Arise (WOZA) and their male counterparts, MOZA were able to hold 3 successful marches in Harare,
Bulawayo, and Mutare to commemorate Valentine’s Day. In the past, such marches always met with
police violence, and thus, the fact that these activities among others proceeded without interference
shows some compliance.
Some sessions/campaigns on constitution awareness and peace building were rolled out by different
civic groups and most of them proceeded unhindered. However, to demonstrate the inconsistencies
alluded to, there are also many incidents of interferences, threats and harassment around some such
sessions. For example, on the 18th and 19th March 2010 in Harare, in Budiriro 1 and 5 two constitutional
awareness campaigns were poorly attended amidst allegations that ZANU PF hardliners threatened
repercussions on those who wanted to attend. In Makoni South, an NGO on a constitutional awareness
campaign faced threats from members of the CIO on 12th February in Rukweza. Some incidents were
also reported in Matebeleland North, one of them involving a civic society activist who was arrested
for holding meetings with government heads without notifying the police.
One significant positive event was the acquittal on 10 May 2010 of MDC- T Treasurer General, Roy
Bennett on charges of plotting to overthrow the former ZANU PF government. High Court Justice
Chinembiri Bhunu ruled that the State, represented by Attorney General (AG) Johannes Tomana had
failed to prove that the e-mails linking Bennett to arms dealer Peter Hitschmann were genuine.
However, on 12 May 2010, the Attorney General filed a Chamber Application in the Supreme Court
seeking leave to appeal against the acquittal. After the court’s ruling, the AG commented to the
press that the AGs office was accepting the judgement and would respect the court; the chamber
application was only filed after media reports quoted Emerson Mnangagwa and Jonathan Moyo
commenting that the AG could appeal against that decision.
Another event showing compliance to article VI on making of a new constitution was the much awaited
roll out of the Constitution Parliamentary Committee (COPAC) outreach programme as already noted.
On, 16 June 2010 the three principals to the GPA, President Robert Mugabe, Prime Minister Morgan
Tsvangirai and Deputy Prime Minister Arthur Mutambara finally launched the outreach programme
expressing political commitment and non-violence. The roll out was generally chaotic, but some
meetings were reportedly being held in a conducive atmosphere with people being encouraged to
participate. However, as already noted, and as will be discussed in more detail, the main cases of
harassment and intimidation experienced centred on the constitution making exercise.
A positive development to reform security laws was the introduction in Parliament of the Public
Order and Security Act (POSA) Amendment Bill in February. The Bill gazetted in November 2009 as a
Private Bill by MDC-T MP for Mutare Central, Innocent Gonese went through its first reading in
Parliament but appears to have been shelved as focus is now on the constitution making exercise.
CIVIL SOCIETY MONITORING MECHANISM (CISOMM)
SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE
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