Freedom of assembly and freedom of association are fundamental democratic
rights, essential for the holding of democratic elections. For elections to be free
and fair, all political parties must be allowed to campaign freely in the period
leading up to elections. They must have the right to hold meetings and rallies in
order to explain their policies to voters and try to persuade voters to elect them to
power. They must exercise their rights in a peaceful manner, however, and
reasonable measures may be taken to protect public order if abuse of their rights
leads to violence.
The police force and other law enforcement agencies are expected to ensure that
these rights can be freely exercised. In the past, however, the police force has
freely allowed meetings and demonstrations by ruling party supporters, but has
frequently disallowed and brutally broken up meetings and demonstrations by the
opposition and by organisations that are critical of the Mugabe administration.
Thus the right to freedom of assembly was effectively taken away from those
who opposed the current government
The SADC mediation led to certain changes to the law which were intended to
help restore the right of freedom of peaceful assembly of everyone. Regrettably,
the changes have not had this effect because the police force is applying the
provisions in a blatantly biased fashion and is finding tenuous excuses for
preventing opposition parties and “unfriendly” non-governmental organisations
from mounting protest marches. It is also continuing to obstruct electioneering by
the opposition parties by disallowing some of their rallies. This is illustrated by the
following incidents: From December 2007 to Mid March 2008.
➢ In December 2007 the police allowed a “Million Man March”,
organised by supporters of President Mugabe, to proceed. In January
2008, on the other hand, they banned a “Freedom March” organised
by the opposition MDC in Harare and also prohibited MDC “Freedom
Marches” in two other centres.
➢ The police violently dispersed marches by civic organisations such as
Woman of Zimbabwe Arise (WOZA) and refused to allow a meeting by
a Christian organisation.
➢ The police intervened in a partisan way in a dispute between an
Anglican bishop who is sympathetic towards President Mugabe and a
bishop who has been installed in his place and assaulted congregants
loyal to the new bishop.
➢ Nine leaders of the Progressive Teachers Association of Zimbabwe
were allegedly set upon by ZANU (PF) militia while they were
distributing fliers in the Central Business District of Harare setting out
their organisation’s views on the education crisis in Zimbabwe. They
were allegedly taken to an underground room at the nearby ZANU
(PF) offices where they were severely beaten with sticks and metal
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