Human Rights First condemns passage of the Zimbabwe Public Order and Security Bill and further attacks on human rights defenders

January 11, 2002

Human Rights First is extremely concerned by continuing reports of violent attacks and threats against human rights activists and organizations in Zimbabwe. Moreover, with the passage through Parliament of the controversial Public Order and Security Bill (POSB), those who seek to promote and protect human rights now face the added risk of prosecution and imprisonment for their legitimate, non-violent activities.

In the run up to presidential elections scheduled for March 9 and 10, 2002, President Robert Mugabe is undermining the rule of law in order to maintain his grip on power. In addition to legislation changing the electoral rules and seriously curtailing freedom of the press, the POSB is designed to muzzle all forms of political dissent. The Bill renders the advocacy of, or engaging in peaceful acts of civil disobedience a criminal offence. It also criminalizes "publishing or communicating false statements prejudicial to the State" and making a public statement with the intention to, or knowing there is a risk of "undermining the authority of or insulting" the President. This prohibition includes statements likely to engender "feelings of hostility towards" the President, cause "hatred, contempt or ridicule" of the President, or any "abusive, indecent, obscene or false statement" about him personally, or his office. The Bill also strictly regulates the organization and conduct of public gatherings.

The terms of the POSB are in violation of Zimbabwe's constitutional protections, as well as its obligations under international human rights law. In particular, it violates the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights. It also demonstrates a total lack of respect for the United Nations Declaration on Human Rights Defenders. (See Human Rights First analysis of the POSB , December 19, 2001 )

The enactment of the POSB sends a message to mobs and militias who support the ruling ZanuPF party that human rights defenders are criminals and legitimate targets of attack. Human Rights First has received continuing reports of violence and threats directed against human rights activists in Zimbabwe. In December, Johannes Mudzingwa, of the organization Zimrights, was physically assaulted by a group of war veterans and ZanuPF supporters. Zimrights officials have been warned to cease their work or face the consequences. A mob ransacked the offices of Harare law firm, Gill, Godlington and Gerrans, which had represented a white farmer seeking the return of property from a retired general who had occupied his farm.

While the rule of law in Zimbabwe is collapsing, there remain many courageous individuals in the country, who struggle to promote human rights and fundamental freedoms. These persecuted individuals and organizations require urgent assistance and support from the international community. The passage of the Public Order and Security Bill must be condemned and targeted sanctions imposed on President Mugabe and his leading supporters until they create the conditions for free and fair presidential elections and respect the rule of law.