American rights organisation Robert F Kennedy Human Rights has urged the Zimbabwean government to allow for citizens’ peaceful protests as directed by the African Charter Commission on Human and People’s Rights.
The African Commission on Human and Peoples’ Rights recently made the directive after Women of Zimbabwe Arise (Woza) leaders Jennifer Williams and Magodonga Mahlangu filed a complaint against the Zimbabwe Republic Police.
Williams and Mahlangu said they were subjected to arbitrary arrests and detentions between 2003 and 2013 for conducting public demonstrations in Bulawayo and Harare.
In its findings, the commission said government violated Woza members’ rights to freedom of association, assembly, expression and their right to liberty, among others.
The commission urged government to investigate, prosecute, and punish all State actors responsible for the violations.
“This decision sets an important precedent as it is the first time that a mechanism of the African human rights system has held that peaceful protests without prior authorisation, even when required by domestic law, should enjoy a presumption of legality,” Robert F Kennedy Human Rights said in a statement.
“The African Commission further reiterated that assemblies should not be automatically penalised due to failure to notify the State and the State has a duty to facilitate an environment conducive to the exercise of this right.
“This decision elevates the provisions of its Guidelines on notification regimes from persuasive guidance for States to binding interpretation of States obligations under Article 11 of the African Charter on Human and People’s Rights.”
Before approaching the African Commission, Woza leaders had challenged their arbitrary arrests and detentions in local courts, including the Supreme Court.
Wade McMullen, senior vice-president at RFK Human Rights, said: “It is important for the premier human rights mechanism in Africa to take bold stances in defence of human rights, strengthen regional jurisprudence on the right to protest, and to urge the State to provide remedies — not only to remedy their violations, but also implement changes to guarantee an enabling environment that will guarantee these rights.”
Williams said the African Commission directive was a “huge win for the courageous Woza members and other defenders who experienced immense suffering while defending the right to protest”.
