Development Community (SADC). High Court
judge Justice Munangati-Manongwa ruled that
those falling under the section 43 category but
still holding IDs marked “Alien” were eligible to
vote in the 2018 harmonised elections. For those
who did not qualify for automatic citizenship
under sections 36, 37 and 43 of the Constitution,
they had to apply for citizenship under section
38 (Citizenship by registration), when they satisfy
the constitutional requirements. However, the
Citizenship Regulations Statutory Instrument 12
of 2009 set the costs of getting citizenship at $5
000 which costs proved prohibitive. As a result,
thousands failed to vote, despite having been
resident in the country for decades, having
migrated into the country from countries such as
Malawi, Zambia and Mozambique.
report documented pre-trial inmates who have
been detained for over 10 years; overcrowding
in some prisons and a high risks for disease;
inadequate sanitary conditions and provisions;
shortage of clothing; inadequate healthcare and
health professionals; and absence of educational
facilities for incarcerated juveniles.
The ZPCS struggled to
provide adequate food and
sanitary conditions
Freedom of Assembly and Association
The government was often hostile to those
perceived to be associated to the opposition,
though freedom of association is protected by
the Constitution.
“We are not desperate to register foreigners as
citizens, and we are not seeking to get foreigners
to choose our government” - Deputy RegistrarGeneral, when asked about challenges facing
people entitled to citizenship.
On 25 July, a local councillor in Mbire
threatened to have community members beaten
and their homes burnt down if they voted for
opposition political parties. With the POSA law
in operation, government crackdown on
freedom of assembly and association continued.
Those targeted were labour unions, tertiary
students and political activists. Although many
groups did not seek police approval in terms of
POSA, most groups in the stated category that
sought to notify the police were either denied
permission or got no response from the police.
State of Prisons
The Constitution added prisoner rehabilitation
and reintegration into society to the Zimbabwe
Prison and Correctional Services (ZPCS)’s
responsibilities, components of the correctional
aspect reiterated in ZPCS’s mandate. Prison
conditions remained harsh due to financial
constraints and overcrowding in some of the
older facilities. There were approximately
17,000 prisoners spread across 46 main prisons
and 26 satellite prisons in the country. While
some prisons operated below capacity,
overcrowding continued due to outdated
infrastructure and judicial backlogs. In March
President Mnangagwa granted amnesty to
approximately 3,000 prisoners, including most
women and all juveniles, to address
overcrowding. The ZPCS struggled to provide
adequate food and sanitary conditions,
However, ZPCS worked with civil society
organisations who assisted in that area. The
Zimbabwe Human Rights NGO Forum
produced a report on the state of prisons titled
“Rights Behind Bars: A Study of Prison Conditions
in Zimbabwe 2018”.19Among other findings, the
The MDC Alliance accused police of using the
cholera epidemic in Harare as an excuse to ban
large public assemblies to prevent an MDC
Alliance rally on 15 September. Between 16 and
22 September, police forcibly removed vendors
who refused to comply with orders related to the
cholera outbreak to vacate their stalls in the
Harare CBD.
Right to Protest
Attacks on freedom of assembly and association
were closely linked to the right to protest. POSA
and the Criminal Code were heavily used to stifle
protest.
19. Full report available at http://www.hrforumzim.org/wp-content/upload/2018/10/Prison-Report-2018.pdf
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