A/HRC/44/50/Add.2
(i)
Ensure that victims of violations and abuses of the rights to freedom of
peaceful assembly and of association have the right to an effective judicial remedy and
obtain redress;
(j)
Support the work, independence and operation of all independent
constitutional institutions and implement the observations and recommendations
made by the Zimbabwe Human Rights Commission in relation to respect for human
rights and particularly the rights to freedom of peaceful assembly and of association;
(k)
Ensure that a wide range of civil society actors with diverse views are
systematically consulted before the adoption of any legislative initiative or policy;
(l)
Ensure that section 210 of the Constitution is operationalized through a
consultative process in order to ensure the accountability of law enforcement officials
who violate the right to freedom of peaceful assembly and of association through an
independent oversight body, in line with the Constitution, court decisions and the law;
(m)
Provide a response to all communications sent by the mandate holder;
(n)
Set up a national independent committee with adequate institutional,
political and financial resources to implement regional and international
recommendations made by, inter alia, the relevant government institutions, the
Zimbabwe Human Rights Commission and other independent constitutional
institutions, representatives of civil society, United Nations entities and the donor
community. Such a committee will help the Government to benefit from the expertise
of regional and international mechanisms.
124. With regard to the right to freedom of peaceful assembly, the Special
Rapporteur recommends that the Government:
(a)
Amend the Maintenance of Peace and Order Act in full consultation
with civil society and other relevant stakeholders. In particular to:
(i)
Adopt a clear presumption in favour of holding peaceful assemblies and
demonstrations;
(ii)
Endorse a prior notification regime for all peaceful assemblies and
demonstrations with a view to protect and facilitate peaceful assemblies and
demonstrations;
(iii) Recognize and provide for the facilitation of spontaneous peaceful
assemblies and demonstrations in law, which should be exempt from
notification;
(iv) Ensure that restrictions imposed on peaceful assemblies and
demonstrations can be appealed against before an impartial and independent
court;
(v)
Revise the sanctions so as not to dissuade the holding of future peaceful
assemblies and demonstrations;
(vi) Uphold the principle of individual liability, rather than vicarious
liability, of participants;
(vii) Ensure that the definition of the use of force by law enforcement officials
complies with the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials;
(b)
Ensure that civil society and other relevant stakeholders are consulted in
the development of any regulation regarding the implementation of the Maintenance
of Peace and Order Act;
(c)
Implement the recommendations issued by the Motlanthe Commission;
(d)
Develop and revise law enforcement protocols with a view to ensuring
their compatibility with international human rights norms and standards on the
proper management of assemblies (A/HRC/31/66);
18
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