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December 19, 2001                          

  Human Rights First Statement:
Zimbabwean Public Order and Security Bill Violates Human Rights

(New York, December 19, 2001) -- Human Rights First believes that legislation being pushed through the Zimbabwean Parliament by President Robert Mugabe violates fundamental human rights and freedoms protected by international law and the Constitution of Zimbabwe.  The legislation is being discussed in Parliament at a critical moment in the Zimbabwean presidential election campaign. 

The Public Order and Security Bill, 2001, was published on December 14 in the official government gazette.  The Bill, if passed into law, will create criminal offences for, among other things: 

• Engaging in or advocating acts of civil disobedience,
• Publishing false statements prejudicial to the State, or
• “Undermining the authority of or insulting” the President.  

In addition, senior police officers will be given broad powers to control, prohibit or disperse public gatherings. 

Although the main opposition party, the Movement for Democratic Change (MDC) has gained increasing public support, the Zimbabwean Parliament is dominated by President Mugabe’s Zanu-PF party.  The Bill has been introduced only a few months before presidential elections which, according to the Constitution, must take place before the end of March 2002. 

“The Bill’s objectionable provisions appear to be designed to mute criticism of the government, and the President, in the run up to the elections,” said Neil Hicks, director of the Human Rights Defenders Protection Project at Human Rights First, based in New York.  “In recent weeks, President Mugabe has launched scathing attacks on the MDC, labeling MDC leaders and supporters as ‘terrorists,’ and there has been significant political violence.  Attacks on and intimidation of opposition leaders, journalists and other government critics have increased to a level that has attracted international condemnation from human rights organizations such as ours, and from the US Congress and the European Union.” 

Human Rights First’s analysis of the bill shows that it breaches human rights standards contained in: 

• Articles 19, 21 and 25 of the International Covenant on Civil and Political Rights
• Articles 9, 11 and 13 of the African Charter on Human and Peoples’ Rights; and
• Article 11 of the Zimbabwean Constitution. 

“The terms of the Bill do not strike an appropriate balance between respect for basic rights the need to maintain public order. Should the Bill become law, it will serve to further obstruct the important role played by journalists, human rights defenders and organizations, and political leaders, by threatening them with criminal prosecution for the performance of their legitimate activities. Its passage through Parliament, compelled by the ruling Zanu-PF party, would further demonstrate a disregard for fundamental rights and the rule of law by the Zimbabwean government,” Hicks said.  

For a more detailed analysis of the Public Order and Security Bill, see the Background Statement.