A/HRC/44/50/Add.2 Rapporteur commends the ruling and reiterates that network disruptions are in clear violation of international law and cannot be justified under any circumstances. 59. In the light of such events, the Special Rapporteur is deeply troubled to observe that, following these major events, which occurred between August 2018 and January 2019, there has been a considerable deterioration of civic space in the country, which has reestablished an environment of persecution and fear. 60. Despite constitutional and legal provisions allowing for the deployment of the military to maintain public order or manage a public emergency, the Special Rapporteur is concerned that, in both events, military forces have been deployed without a clear mandate in law enforcement operations and in the management of assemblies, and that the Parliament was not informed in a timely manner of the details of such deployment. 61. The Special Rapporteur has not received any information on the prosecution or indictment of any alleged perpetrators of the human rights violations committed during and in the aftermath of these particular protests, including any compensation for the loss of private property of individuals who closed their businesses as a result of the violence on the streets. 62. The Special Rapporteur is conscious that political polarization, poor governance and a fragile economy exacerbated discontentment with the Government and prompted demonstrations and strikes. He believes that the Government should look at the root causes of the different crises and strengthen the dialogue among the different political, social and economic actors throughout the country. 3. Restrictions targeting particular groups 63. The Special Rapporteur acknowledges restrictions against those representing dissenting voices, human rights defenders, trade union leaders, students, youth groups, women, and journalists and media workers. 64. For example, the Special Rapporteur is concerned about the application of section 22 (on subverting a constitutional government) of the Criminal Law (Codification and Reform) Act to prosecute human rights defenders, civil society and opposition leaders suspected of having played important roles in protests. This offence is similar to treason and could result in imprisonment for up to 20 years. 65. During the visit, it transpired that leaders calling for protests, supporting protests through public statements or social media and participating in protests had been charged with that crime. The Special Rapporteur was informed that, in 2019 alone, 22 individuals were facing this criminal charge. 66. Through a communication addressed to the Government, 17 concerns were raised with regard to the arrest and detention of six human rights defenders in May 2019, following their return from participating in a capacity-building workshop abroad on peaceful civil engagement. The activists were charged with seeking to subvert the constitutional order and charges were still pending at the time of the visit. The Special Rapporteur regrets not having received any reply to the communication. 67. Independent and vibrant media plays an important role in the democratic life of a society. During his visit, the Special Rapporteur learned that, during protests, journalists and media workers covering demonstrations faced serious threats and harassment. Some have been victims of assault and unlawfully arrested for covering the protests, and in some instances their equipment has been confiscated. It is important that, during demonstrations, the independence of the media and the safety of journalists and media workers is guaranteed and that any violations are duly investigated. 68. The Special Rapporteur is aware of structural limitations to freedom of expression and access to information, particularly through the application of the Access to Information and Protection of Privacy Act, which stipulates that all journalists and media companies 17 10 ZWE 4/2019.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents