津巴布韦的集会自由

IF 0.2 Q4 LAW

African Journal of Legal Studies Pub Date : 2023-11-24 DOI:10.1163/17087384-12340098

Simbarashe Tembo, Annie Singh

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引用次数: 0

摘要

过去二十年见证了津巴布韦为争取人权而进行的长期斗争。2013年通过的新宪法为建立在人权文化基础上的新宪法制度带来了一线希望。为此，宪法法院正式通过了基于权利的判决。2016年，在恢复和赋权民主议会(DARE)诉山山案中，《公共秩序和安全法》(POSA)的某些条款被宣布违宪就是证明。受到质疑的部分涉及集会自由、示威自由和对政府进行纠察的自由。当国家颁布与法院命令直接冲突的立法时，看似人权的新篇章就结束了。本文认为，取代POSA的新立法《维持公共秩序法》(MOPO)与其前身一样违宪。有人认为，通过颁布《禁止侵犯人权法》，该国有效地表明它决心缩小津巴布韦现有的人权。

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Freedom of Assembly in Zimbabwe

The past two decades have witnessed a protracted struggle for human rights in Zimbabwe. The adoption of the new constitution in 2013 provided a glimmer of hope for a new constitutional dispensation founded on a human rights culture. To this end, the Constitutional Court duly adopted a rights-based adjudication. This is evidenced by the declaration of unconstitutionality of certain sections of the Public Order and Security Act (POSA) in the case of the Democratic Assembly for Restoration and Empowerment (DARE) v Saunyama in 2016. The impugned sections related to freedom of assembly, freedom to demonstrate and freedom to picket government. What may have seemed like a new chapter for human rights was closed when the State enacted legislation in direct conflict with the order of the Court. This article posits that the new legislation, the Maintenance of Public Order Act (MOPO), which replaced POSA is as unconstitutional as its predecessor. It is argued that by enacting MOPO, the State effectively demonstrated that it was determined to shrink the existing human rights in Zimbabwe.

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来源期刊

African Journal of Legal Studies LAW-

CiteScore

0.30

自引率

0.00%

发文量

期刊介绍： The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.