A/HRC/44/50/Add.2
and humanitarian assistance, while maintaining an arms embargo and targeted asset
freeze against a Zimbabwean defence company.
120. While being mindful of the impact of these restrictive measures, the Special
Rapporteur believes that, irrespective of such measures, the Government has a duty to
fulfil its human rights obligations. He therefore calls on the Government to take action
to end corruption, improve the human rights situation, and ensure accountability and
the rule of law in order to encourage the lifting of the remaining unilateral measures
imposed on the country, which have a negative impact on its economy.
121. The Special Rapporteur is confident that the Government will see the following
recommendations as an opportunity to contribute to consolidating the transitional
process towards the realization of the rights to freedom of peaceful assembly and of
association.
122. In this regard, the Special Rapporteur stands ready to provide technical
cooperation as needed.
B.
Recommendations
123. The Special Rapporteur would like to offer the following general
recommendations to the Government of Zimbabwe:
(a)
Ensure in law and in practice that the rights to freedom of peaceful
assembly and of association are freely exercised with the aim of their playing a
decisive role in the transition towards and maintenance of an effective democratic
system and as a channel for dialogue, pluralism, inclusiveness, tolerance and broadmindedness;
(b)
Repeal legislation that is inconsistent with the Constitution, particularly
any affecting the exercise of fundamental freedoms, and undertake a comprehensive
reform of legislation related to the security sector, governance, electoral system and
the fight against corruption;
(c)
Enact legislation as required by the Constitution, particularly in relation
to the establishment of an independent oversight body, in line with section 210 of the
Constitution;
(d)
Ensure a conducive and safe environment for everyone exercising or
seeking to exercise his or her rights to freedom of peaceful assembly and of association
and that there is no discrimination in the application of the laws governing the rights
to freedom of peaceful assembly and of association, in particular regarding the groups
most at risk and those expressing dissenting voices;
(e)
Provide individuals exercising their rights to freedom of peaceful
assembly and of association with the protections offered by the right to freedom of
expression;
(f)
Ensure that no one is criminalized for exercising the rights to freedom of
peaceful assembly and of association, nor subjected to threats, harassment,
persecution, intimidation and reprisals;
(g)
Withdraw all criminal charges and release all those arrested because of
their exercising the rights to freedom of peaceful assembly and of association, in
particular those arrested in connection with the August 2018 and January 2019
protests;
(h)
Ensure that any restrictions on the rights to freedom of peaceful
assembly and of association are prescribed by law, necessary in a democratic society
and proportionate to the aim pursued, do not harm the principles of pluralism,
tolerance and broad-mindedness and are subject to an independent, impartial and
prompt judicial review;
17
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