Zimbabwe
HUMAN RIGHTS
NGO Forum
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May 2015
Number 105 English
Freedom to Demonstrate and Petition
Introduction
lobbying, letter- writing, e- mail campaigns,
This bulletin informs the public on the right to
litigation, collecting signatures for ballot
demonstrate and petition. Demonstrations or
initiatives, peaceful protests, picketing, all
protests refer to planned or spontaneous
public articulation of issues, and actions
gatherings of people of any number expressing
designed to provoke government into action.
their opinions, beliefs, disapproval, or dissent.
Demonstrations are characterised by protests
A Petition can be defined as “any nonviolent,
against authoritarian rule; poor service
legal means of encouraging or disapproving
delivery and violations of social and economic
government action, whether directed to the
rights among other legitimate concerns. Most
executive, judiciary or legislature”. In other
demonstrations are a result of lack of public
words it is the presentation of requests to
confidence in the democratic and consultative
authorities with signatures of individuals. The
structures that are designed to hear and resolve
right to petition and engage in peaceful
the grievances of the citizens.
demonstrations is an important element of
democracy. It is anchored on the twin pillars of
The right to petition and demonstrate is
freedom of expression and freedom of
important in a number of ways. Socially,
assembly.
peaceful protests are an indicator of citizens'
ability to express themselves and the
Importance of freedom to
commitment of a State to an open and
demonstrate and petition
transparent society, by for instance allowing
The right to petition and demonstrate is
people to carry their grievances to the streets.
important for the proper functioning of a
Social service delivery and governance are
democracy. It is the obligation of the state to
rarely perfect in any society and a state's ability
enable the exercise of freedom of expression
to be responsive to citizen issues and concerns
and protest. A petition involves actions such as
is a reliable indicator of its democratic
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Building National Commitment Towards a Human Rights Culture
tendencies. Protests reveal the readiness of a
defines a public demonstration as “a procession,
country to enter into dialogue with the people.
gathering or assembly in a public place of persons
Politically, they lead to sustained debates, to
and additionally, or alternatively, of vehicles, where
changes in governmental policies and laws. As
the gathering is in pursuit of a common purpose of
protests create awareness, they stimulate
demonstrating support for, or opposition to, any
public conscience and establish a sense of
person, matter or thing, whether or not the gathering
continuity and currency for the human rights
is spontaneous or is confined to persons who are
movement in general.
members of a particular organisation, association or
other body or to persons who have been invited to
attend”
Legislative Framework
The right to demonstrate and petition is linked
POSA requires authorization from the police
to freedom of peaceful assembly and the right
for citizens to exercise the right to demonstrate
to freedom of expression. Freedom of assembly
and in some instances, to petition. Section of 24
and the right to demonstrate are basic civil
(1) of POSA requires organisers to give at least
rights and as such are embodied within
four clear days written notice of the holding of
domestic, regional and international human
the gathering to the regulating authority for
rights laws.
the area in which the gathering is to be held.
The regulatory authority is generally a
Domestic legislation
Zimbabwe Republic Police (ZRP) officer
The right to demonstrate is enshrined in the
commanding a police district. Failure to notify
Constitution of Zimbabwe Amendment
the regulating authority for the area of the
(No.20) Act 2013. Section 59 states that, “Every
gathering prior to a demonstration results in
person has the right to demonstrate and to present
criminal prosecution. The purpose given for
petitions, but these rights must be exercised
the four days notice is:
peacefully.” Thus even though, demonstrations
or protests can be violent sometimes, this right
a. to afford the regulating authority a
only applies to peaceful gatherings and does
reasonable opportunity of anticipating
not protect intentionally violent protests. A
or preventing any public disorder or a
demonstration or a protest should not erode
breach of the peace; and
public order and violate the rights of innocent
b. to facilitate co-operation between the
by standers or third parties.
Police (Force) service and the organiser
of the gathering concerned; and
The right to demonstrate is regulated by the
c. to ensure that the gathering concerned
Public Order and Security Act (POSA). POSA
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Building National Commitment Towards a Human Rights Culture
does not unduly interfere with the
to freedom of expression, assembly, association
rights of others or lead to an obstruction
and the right to participate in the conduct of
of traffic, a breach of the peace or public
political affairs. These rights interplay and
disorder.
mutually reinforce each other. Article 21 of the
International Covenant on Civil and Political
While the reasons for notifying the regulating
Rights (ICCPR) states, “The right of peaceful
authorities as outlined in section 24 (2) are very
assembly shall be recognized. No restrictions may be
noble, the police have interpreted this
placed on the exercise of this right other than those
provision as not merely notification but seeking
imposed in conformity with the law and which are
approval by the police to conduct the
necessary in a democratic society in the interests of
demonstration. As a result they often imposed
national security or public safety, public order, the
administrative hurdles to deny the holding of
protection of public health or morals or the
peaceful protests.
protection of the rights and freedoms of others.”
In 2013, the United Nations (UN) Human
Regional legislation
Rights Council adopted a resolution on “The
The right to demonstrate and petition is a
Promotion and protection of human rights in
mixture of different rights, including the right
the context of peaceful protests”, which
to freedom of peacefully assembly and
encouraged “all States to avoid using force
association and expression. The African
during peaceful protests, and to ensure that,
Commission on Human and Peoples Rights
where force is absolutely necessary, no one is
(ACHPR) observed this intricate relationship
subject to excessive or indiscriminate use of
between the right to peaceful protests in Article
force”. The Human Rights Council Resolution
11, the right to freedom of association in Article
22/10 on the promotion and protection of
10 and freedom of expression in Article 9. As
human rights in the context of peaceful protests
such the violation of the right to peaceful
affirmed that “everyone must be able to express
protest constitutes a violation of freedom of
their grievances or aspirations in a peaceful
expression and of association.
manner, including through public protests
without fear of reprisals or of being
International legislation
intimidated, harassed, injured, sexually
The right to demonstrate and to petition is not
assaulted, beaten, arbitrarily arrested and
protected by a single formulated right under
detained, tortured, killed or subjected to
international human rights law. Indeed the
enforced disappearance”.
right to peaceful protest is a mixture of the right
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Building National Commitment Towards a Human Rights Culture
There is an obligation on the State to take
information of people because of their
reasonable steps to facilitate the right to
involvement in a demonstration. Furthermore,
freedom of assembly, and to protect
the government and the police have also
participants in peaceful demonstrations from
violated this right through arbitrary arrests and
disruption
detention of participants, use of police
by
others.
Blockages
and
disturbances of demonstrations can be
brutality,
criminalization
of
the
justified, but only if they are necessary for an
demonstrations, denial of permission to
essential security purpose. The existence of the
demonstrate, persecution of organisers and
right to peaceful assembly and freedom to
other means intended to curtail the exercise of
demonstrate and petition creates an obligation
the right to demonstrate and petition. These
on the persons conferred with such rights. The
restrictions by the state have shrunk the space
mere fact that citizens have a right to protest,
where people can express dissenting views and
picket or demonstrate does not mean that they
also violated the constitutionally guaranteed
should do so with disregard to other people's
right to petition and protest.
rights, disturb the public order or jeopardise
national security.
Conclusion
The abuse of the provisions of POSA through
The right to demonstrate and
tough security laws inhibits the right to
petition in Zimbabwe
freedom of association and assembly. The
The Government of Zimbabwe has in many
government must ensure that POSA is
cases interfered with the right to peaceful
amended in compliance with the Constitution.
protest through selective application of POSA.
Failure to allow political parties, civil society
Authorities
a
organisations, and members of the public to
demonstration from going ahead; stopped a
take part in peaceful protest marches is
demonstration; took steps in advance to disrupt
unconstitutional
a demonstration; and profiled personal
participatory aspect of democracy.
have
often
prevented
and
weakens
The Human Rights Bulletin is produced by the Zimbabwe Human Rights NGO Forum (”the Forum”)
and is distributed free of charge through its member NGOs. If you would like to distribute copies,
please contact us at;
Suite 4, Number 1 Raleigh Street
P. O. Box 9077, Harare. Telephone (04) 772860 or 770170
email: [email protected] or [email protected]
www.hrforumzim.com
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the