Marondera described how on February 12, 2005 he tried to hold a meeting in the bush
to avoid CIO presence. The meeting dispersed after the candidate was informed that
CIO officers were on their way to the meeting. However, six of the MDC supporters
attending the meeting were arrested and detained under POSA before being released
without charge on February 14. The sixth person was arrested and charged under POSA
for carrying an offensive weapon, fined and later released.92 Another MDC candidate
observed, “In rallies the level of CIO presence is heavy. They are taking notes.
Constituents know the CIO is there.”93
NGO and civil society workshops do occur daily in Harare and Bulawayo. Civil society
activists report that for the most part they are unable to conduct meetings and
workshops without police permission. Nevertheless some do so, thus risking arrest or
brief detention.94 On the occasions civil society activists notified the police, they were
allowed to hold meetings and workshops under some of the same specific restrictions
placed on opposition meetings, including the enforced presence of CIO officers.
International law permits restrictions on the right of peaceful assembly in carefully
defined circumstances.95 Advance prohibitions of assemblies must always be in
exceptional circumstances where there is a well-founded concern for security or public
safety, and not on preventing legal opposition parties from engaging in legitimate
political activity. The measures taken by the Zimbabwe authorities to restrict freedom of
movement, assembly and association clearly exceed that which may be justified on the
basis of legitimate concerns for security and public order.
MDC and civil society activists also claim that police are misapplying POSA and using it
to disrupt private meetings held by members of the opposition and civil society
activists.96
For example, Human Rights Watch documented the case of MDC Member of
Parliament for Makokoba constituency in Bulawayo, Thokozani Khupe, who was
arrested and detained under section 24 of POSA on the charge of holding a public
92
Human Rights Watch interview, Harare, February 14, 2005.
93
Human Rights Watch interview with MDC candidate for Gutu South, Masvingo, Harare, February 14, 2005.
94
Human Rights Watch interviews with civil society activists and lawyers, Harare and Bulawayo, February 2005.
95
Article 21 of the ICCPR states: “The right of peaceful assembly shall be recognized. No restrictions may be
placed on the exercise of this right other than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national security or public safety, public order, the
protection of public health or morals or the protection of the rights and freedoms of others.”
96
POSA specifically refers to public gatherings and not private meetings.
21
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