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Reference ID	Created	Released	Classification	Origin
02HARARE268	2002-01-29 15:13	2011-08-30 01:44	CONFIDENTIAL	Embassy Harare

This record is a partial extract of the original cable. The full text of the original cable is not available.



                           CONFIDENTIAL     PTO9042

PAGE 01        HARARE  00268  01 OF 04  291524Z 
ACTION AF-00    

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      P-00     SP-00    SSO-00   SS-00    STR-00   TRSE-00  USIE-00  
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      SAS-00   SWCI-00    /011W
                  ------------------5ED919  291525Z /38    
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 0825
INFO NSC WASHDC PRIORITY
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY OTTAWA 
AMEMBASSY KINGSTON 
AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 01 OF 04 HARARE 000268 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR CHARLES GURNEY 
PARIS FOR CHARLES NEARY 
NAIROBI FOR TERRY PFLAUMER 
 
E.O. 12958: DECL: 01/29/12 
TAGS: PGOV PHUM ZI
SUBJECT: ZIMBABWE PUBLIC ORDER AND SECURITY ACT GRANTS 
POLICE SWEEPING POWERS 
 
REF: 01 HARARE 3813 
 
CLASSIFIED BY POLITICAL OFFICER TODD FAULK FOR REASONS: 
1.5 (B) AND (D). 
 
¶1.  (C) SUMMARY: ON JANUARY 11, THE PARLIAMENT OF 
ZIMBABWE PASSED THE DRACONIAN PUBLIC ORDER AND SECURITY 
ACT (POSA), WHICH WAS GAZETTED AND WENT INTO EFFECT ON 
JANUARY 22.  THE POSA REPLACES THE EQUALLY DRACONIAN LAW 
AND ORDER MAINTENANCE ACT (LOMA), LEGISLATION THAT WAS 
ORIGINALLY ENACTED BY THE COLONIAL REGIME IN THE EARLY 
1960S.  THE POSA'S MOST EGREGIOUS PROVISIONS MAKE 
"INSULTING THE PRESIDENT" A CRIMINAL OFFENSE, GRANT THE 
POLICE WIDE POWERS TO REGULATE AND BAN PUBLIC 
GATHERINGS, AUTHORIZE THE POLICE TO USE LETHAL FORCE TO 
BREAK UP PUBLIC GATHERINGS, REQUIRE ALL PERSONS IN 
ZIMBABWE TO CARRY IDENTITY DOCUMENTS, AND GRANT THE 
POLICE POWERS TO SEARCH PERSONS AND SEIZE PROPERTY 
WITHOUT WARRANTS.  ENACTED TO SUPPRESS ANY DISSENT 
ARISING FROM THE MARCH PRESIDENTIAL ELECTION, THE POSA 
IS ALREADY BEGINNING TO AFFECT CIVIL LIBERTIES IN 
ZIMBABWE.  END SUMMARY. 
 
¶2.  (U) IN THE EARLY MORNING HOURS OF JANUARY 11, AFTER 
15 HOURS OF CONTINUOUS DEBATE, THE ZIMBABWE PARLIAMENT 
PASSED THE PUBLIC ORDER AND SECURITY ACT (POSA), ALONG 
WITH THE GENERAL LAWS AMENDMENTS ACT, WHICH AMENDS THE 
ELECTORAL ACT (TO BE REPORTED SEPTEL).  THE POSA WENT 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  00268  01 OF 04  291524Z 
INTO EFFECT ON JANUARY 22 AFTER IT WAS SIGNED BY 
PRESIDENT MUGABE AND GAZETTED THE SAME DAY.  THE POSA 
REPLACES THE COLONIAL-ERA LAW AND ORDER AND MAINTENANCE 
ACT (LOMA), WHICH THE RHODESIAN REGIME HAD PASSED TO 
SUPPRESS BLACK NATIONALISM.  SOME CIVIL SOCIETY GROUPS 
BLASTED THE POSA AS MORE DRACONIAN THAN THE LOMA OR 
SECURITY LEGISLATION UNDER THE APARTHEID REGIME IN SOUTH 
AFRICA.  LEGAL RIGHTS GROUPS SAY THE POSA LEAVES SO MUCH 
ROOM FOR INTERPRETATION IN MANY AREAS THAT IT GIVES 
POLICE AND GOVERNMENT OFFICIALS CARTE BLANCHE IN 
ARRESTING AND PROSECUTING ALMOST ANYONE OPPOSED TO GOZ 
POLICIES. 
 
¶3.  (U) THE POSA IS DIVIDED INTO SIX PARTS, WHICH IN 
TURN ARE SUBDIVIDED INTO A TOTAL OF 46 SECTIONS. 
DESCRIBED BELOW ARE THE MOST WORRISOME SECTIONS, THE 
PRINCIPAL OFFENSES AND THEIR ASSOCIATED PUNISHMENTS: 
 
--------------------------------------------- ---- 
PART II: OFFENSES AGAINST GOVERNMENT AND SECURITY 
--------------------------------------------- ---- 
 
SECTION 6: ACTS OF INSURGENCY, BANDITRY, SABOTAGE OR 
TERRORISM DEFINED AS KILLING OR INJURING ANOTHER PERSON, 
DAMAGING PROPERTY, INFLICTING FINANCIAL LOSS, 
OBSTRUCTING FREE MOVEMENT, OR DISRUPTING AN ESSENTIAL 
SERVICE FOR THE PURPOSE OF CAUSING AN INSURRECTION OR 
FORCIBLE RESISTANCE TO THE GOVERNMENT OR DEFENSE FORCES. 
ACTS UNDER THIS SECTION THAT CAUSE THE DEATH OF A PERSON 
ARE PUNISHABLE BY DEATH OR LIFE IMPRISONMENT; ALL OTHER 
CASES ARE PUNISHABLE BY LIFE IMPRISONMENT. 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  00268  01 OF 04  291524Z 
 
SECTION 7: RECRUITING, TRAINING OR ENCOURAGING THE 
TRAINING OF PERSONS FOR ACTS OF INSURGENCY, BANDITRY, 
SABOTAGE OR TERRORISM; PUNISHABLE BY LIFE IMPRISONMENT. 
 
SECTIONS 9-10: SUPPLYING WEAPONRY TO INSURGENTS, 
BANDITS, SABOTEURS OR TERRORISTS; PUNISHABLE BY LIFE 
IMPRISONMENT.  IT SHALL BE PRESUMED THAT ANYONE FOUND 
IN POSSESSION OF WEAPONRY THAT CANNOT BE ACCOUNTED FOR 
BY PERSONAL USE ALONE INTENDED TO USE THE WEAPONS FOR 
INSURGENCY, BANDITRY, SABOTAGE OR TERRORISM UNLESS 
PROVEN OTHERWISE. 
 
SECTION 11: HARBORING, CONCEALING OR FAILING TO REPORT 
AN INSURGENT, BANDIT, SABOTEUR OR TERRORIST; PUNISHABLE 
BY A FINE AND/OR UP TO 10 YEARS IMPRISONMENT. 
 
SECTION 12: CAUSING OR ATTEMPTING TO CAUSE 
"DISAFFECTION" AMONG THE POLICE OR DEFENSE FORCES BY 
INDUCING A BREACH OF LOYALTY OR DISCIPLINE; PUNISHABLE 
BY A FINE AND/OR UP TO TWO YEARS IMPRISONMENT. 
 
SECTION 14: A REGULATING AUTHORITY IN ITS POLICE 
DISTRICT MAY BAN FOR UP TO THREE MONTHS THE CARRYING 
(EITHER PUBLICLY OR CONCEALED) OF ANY WEAPON, INCLUDING 
AXES AND KNIVES, IF IT FEELS IT IS LIKELY TO CAUSE 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTO9043 
 
PAGE 01        HARARE  00268  02 OF 04  291525Z 
ACTION AF-00 
 
INFO  LOG-00   MFA-00   NP-00    AID-00   AMAD-00  AS-01    CIAE-00 
      INL-00   USNW-00  DODE-00  DOEE-00  WHA-00   SRPP-00  DS-00 
      EB-00    EUR-00   OIGO-00  VC-00    H-01     TEDE-00  INR-00 
      IO-00    L-00     VCE-00   AC-01    DCP-01   NSAE-00  OIC-02 
      OMB-01   OPIC-01  PA-00    PC-01    PM-00    PRS-00   ACE-00 
      P-00     SP-00    SSO-00   SS-00    STR-00   TRSE-00  USIE-00 
      R-00     PMB-00   DSCC-00  PRM-00   DRL-02   G-00     NFAT-00 
      SAS-00   SWCI-00    /011W 
                  ------------------5ED931  291525Z /38 
P 291513Z JAN 02 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC PRIORITY 0826 
INFO NSC WASHDC PRIORITY 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY OTTAWA 
AMEMBASSY KINGSTON 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 04 HARARE 000268 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR CHARLES GURNEY 
PARIS FOR CHARLES NEARY 
NAIROBI FOR TERRY PFLAUMER 
 
E.O. 12958: DECL: 01/29/12 
TAGS: PGOV PHUM ZI
                       CONFIDENTIAL 
 
PAGE 02        HARARE  00268  02 OF 04  291525Z 
SUBJECT: ZIMBABWE PUBLIC ORDER AND SECURITY ACT GRANTS 
POLICE SWEEPING POWERS 
 
"PUBLIC DISORDER OR A BREACH OF THE PEACE."  A POLICE 
OFFICER MAY SEIZE ANY SUCH WEAPON WITHOUT WARRANT. 
DEFYING THE ABOVE ORDERS IS PUNISHABLE BY A FINE AND/OR 
SIX MONTHS IMPRISONMENT. 
 
SECTION 15: PUBLISHING OR COMMUNICATING TO ANY OTHER 
PERSON FALSE STATEMENTS "PREJUDICIAL TO THE STATE" WITH 
THE INTENTION OR RISK OF PROMOTING PUBLIC DISORDER; 
ENDANGERING PUBLIC SAFETY; ADVERSELY AFFECTING THE 
DEFENSE OR ECONOMIC INTERESTS OF ZIMBABWE; UNDERMINING 
PUBLIC CONFIDENCE IN A LAW ENFORCEMENT AGENCY, THE 
PRISON SERVICE OR DEFENSE FORCES; OR DISRUPTING AN 
ESSENTIAL SERVICE.  PUNISHABLE BY A FINE AND/OR UP TO 
FIVE YEARS IMPRISONMENT. 
 
SECTION 16: PUBLICLY OR INTENTIONALLY MAKING A FALSE 
STATEMENT ABOUT THE PRESIDENT THAT "ENGENDERS FEELING OF 
HOSTILITY TOWARDS OR CAUSES HATRED, CONTEMPT OR RIDICULE 
OF" THE PRESIDENT OR MAKING ANY "ABUSIVE, INDECENT, 
OBSCENE OR FALSE STATEMENTS" ABOUT THE PRESIDENT. 
PUNISHABLE BY A FINE OR UP TO ONE YEAR IMPRISONMENT. 
 
--------------------------------------- 
PART III: OFFENSES AGAINST PUBLIC ORDER 
--------------------------------------- 
 
SECTIONS 17-19: DISTURBING THE PEACE, SECURITY OR ORDER 
OF THE PUBLIC; THROWING STONES, ARTICLES OR MISSILES 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  00268  02 OF 04  291525Z 
LIKELY TO CAUSE DAMAGE AT ANY PERSON OR PIECE OF 
PROPERTY; OR ORGANIZING GATHERINGS CONDUCIVE TO RIOTS, 
DISORDER OR INTOLERANCE OF PARTICULAR RACIAL OR ETHNIC 
GROUPS.  PUNISHABLE BY A FINE AND/OR UP TO 10 YEARS 
IMPRISONMENT. 
 
SECTIONS 20-21: ASSAULTING OR RESISTING A POLICE OFFICER 
IN THE COURSE OF HIS DUTY; PUNISHABLE BY A FINE OR UP TO 
10 YEARS IMPRISONMENT.  PUBLICLY MAKING A FALSE 
STATEMENT ABOUT A POLICE OFFICER THAT RISKS ENGENDERING 
FEELINGS OF HOSTILITY, CONTEMPT, RIDICULE OR DISESTEEM 
TOWARDS THE POLICE OFFICER OR POLICE FORCE; PUNISHABLE 
BY A FINE AND/OR UP TO TWO YEARS IMPRISONMENT. 
 
SECTION 22: THREATENING OR INFLICTING HARM TO INDUCE 
ANOTHER PERSON TO DO SOMETHING HE IS NOT LEGALLY OBLIGED 
TO DO FOR THE PURPOSE OF FURTHERING A POLITICAL 
OBJECTIVE.  PUNISHABLE BY A FINE AND/OR FIVE YEARS 
IMPRISONMENT. 
 
------------------------------------------ 
PART IV: RESTRICTIONS ON PUBLIC GATHERINGS 
------------------------------------------ 
 
SECTION 24: ANY ORGANIZER OF A PUBLIC GATHERING OF A 
POLITICAL NATURE MUST GIVE AT LEAST FOUR DAYS' WRITTEN 
NOTICE OF THE GATHERING TO THE REGULATING AUTHORITY FOR 
THE AREA IN WHICH THE GATHERING IS TO BE HELD.  (NOTE: 
THE NUMBER OF DAYS WAS REDUCED FROM SEVEN TO FOUR AFTER 
AN AMENDMENT WAS PROPOSED BY MDC MP DAVID COLTART DURING 
THE SECOND READING OF THE BILL.  END NOTE.) 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  00268  02 OF 04  291525Z 
 
SECTION 25: A REGULATING AUTHORITY MAY PRESCRIBE THE 
TIME THE GATHERING MAY COMMENCE AND ITS MAXIMUM 
DURATION; PROHIBIT THE LOCATION OF THE GATHERING IN 
CERTAIN PUBLIC PLACES; PRESCRIBE THE ROUTE TO BE TAKEN 
BY ANY PROCESSION; AND REQUIRE THE ORGANIZER TO APPOINT 
MARSHALS TO ASSIST IN MAINTAINING ORDER.  A POLICE 
OFFICER MAY ORDER PERSONS TAKING PART IN THE GATHERING 
TO DISPERSE IF ANY DIRECTION IS VIOLATED OR HE BELIEVES 
THAT PUBLIC ORDER WOULD BE ENDANGERED IF THE GATHERING 
CONTINUED.  FAILING TO COMPLY IS PUNISHABLE BY A FINE 
AND/OR UP TO SIX MONTHS IMPRISONMENT. 
 
SECTION 26: A REGULATING AUTHORITY MAY PROHIBIT, BY 
GIVING THE ORGANIZER WRITTEN NOTICE, ANY GATHERING THAT 
IT BELIEVES MAY RESULT IN PUBLIC DISORDER.  THE 
ORGANIZER MAY APPEAL TO THE MINISTER OF HOME AFFAIRS. 
ANY PERSON WHO FAILS TO COMPLY WITH THE ORDER MAY BE 
PUNISHED BY A FINE OR UP TO SIX MONTHS IMPRISONMENT. 
 
SECTION 27: A REGULATING AUTHORITY, IF IT BELIEVES 
ACTIONS UNDER SECTIONS 25 AND 26 WILL NOT PREVENT PUBLIC 
DISORDER, MAY BAN ALL PUBLIC DEMONSTRATIONS WITHIN ITS 
JURISDICTION FOR UP TO ONE MONTH BY ISSUING A NOTICE IN 
THE GOVERNMENT GAZETTE OR A LOCAL NEWSPAPER.  (NOTE: THE 
MAXIMUM LENGTH OF THE BAN WAS REDUCED FROM THREE MONTHS 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTO9044 
 
PAGE 01        HARARE  00268  03 OF 04  291525Z 
ACTION AF-00 
 
INFO  LOG-00   MFA-00   NP-00    AID-00   AMAD-00  AS-01    CIAE-00 
      INL-00   USNW-00  DODE-00  DOEE-00  WHA-00   SRPP-00  DS-00 
      EB-00    EUR-00   OIGO-00  VC-00    H-01     TEDE-00  INR-00 
      IO-00    L-00     VCE-00   AC-01    DCP-01   NSAE-00  OIC-02 
      OMB-01   OPIC-01  PA-00    PC-01    PM-00    PRS-00   ACE-00 
      P-00     SP-00    SSO-00   SS-00    STR-00   TRSE-00  USIE-00 
      R-00     PMB-00   DSCC-00  PRM-00   DRL-02   G-00     NFAT-00 
      SAS-00   SWCI-00    /011W 
                  ------------------5ED946  291525Z /38 
P 291513Z JAN 02 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC PRIORITY 0827 
INFO NSC WASHDC PRIORITY 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY OTTAWA 
AMEMBASSY KINGSTON 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 03 OF 04 HARARE 000268 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR CHARLES GURNEY 
PARIS FOR CHARLES NEARY 
NAIROBI FOR TERRY PFLAUMER 
 
E.O. 12958: DECL: 01/29/12 
TAGS: PGOV PHUM ZI
                       CONFIDENTIAL 
 
PAGE 02        HARARE  00268  03 OF 04  291525Z 
SUBJECT: ZIMBABWE PUBLIC ORDER AND SECURITY ACT GRANTS 
POLICE SWEEPING POWERS 
 
TO ONE MONTH AFTER THE MDC INTRODUCED AN AMENDMENT IN 
PARLIAMENT AND THE MINISTER OF HOME AFFAIRS AGREED TO 
IT.  END NOTE.)  ANYONE AGGRIEVED BY THE DECISION MAY 
APPEAL TO THE MINISTER OF HOME AFFAIRS.  THOSE DEFYING 
THE BAN MAY BE PUNISHED BY A FINE OR UP TO ONE YEAR 
IMPRISONMENT. 
 
SECTION 29: A POLICE OFFICER MAY DISPERSE OR APPREHEND 
ANY PERSON HOLDING AN UNLAWFUL PUBLIC GATHERING.  IF THE 
PERSON RESISTS THE POLICE OFFICER AND THE POLICE OFFICER 
KILLS THAT PERSON IN AN ATTEMPT TO OVERCOME THAT 
RESISTANCE, THE KILLING SHALL BE LAWFUL. 
 
SECTION 31: DISRUPTING A PUBLIC GATHERING BY ENGAGING IN 
DISORDERLY CONDUCT OR BEHAVING IN A THREATENING, ABUSIVE 
OR INSULTING MANNER; PUNISHABLE BY A FINE AND UP TO TWO 
YEARS IMPRISONMENT. 
 
----------------------------------- 
PART V: ENFORCEMENT OF PUBLIC ORDER 
----------------------------------- 
 
SECTION 32: ALL PERSONS, INCLUDING VISITORS, 16 YEARS OF 
AGE OR OLDER, MUST CARRY AT ALL TIMES WHILE IN A PUBLIC 
PLACE AN IDENTITY DOCUMENT THAT INCLUDES NATIONAL 
IDENTITY CARDS.  IN THE CASE OF VISITORS, ENTRY 
CERTIFICATES, OR PASSPORTS OR DRIVER'S LICENSES ISSUED 
BY A FOREIGN GOVERNMENT, WILL SUFFICE.  A POLICE OFFICER 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  00268  03 OF 04  291525Z 
MAY ASK TO SEE AN IDENTITY DOCUMENT AT ANY TIME.  IF THE 
INQUIRING POLICE OFFICER IS INVESTIGATING A CRIME, AT A 
CRIME SCENE, WITHIN A POLICE CORDON, AT A POLICE 
ROADBLOCK OR AT A PUBLIC GATHERING OF A POLITICAL 
NATURE, AND A PERSON FAILS TO PRESENT AN ID UPON 
REQUEST, THAT PERSON MAY BE DETAINED UNTIL THEIR 
IDENTITY IS ESTABLISHED.  IN ALL OTHER CASES, ANYONE WHO 
IS FOUND WITHOUT AN ID SHALL BE GIVEN SEVEN DAYS TO 
PRESENT A SUITABLE ID DOCUMENT AT A SPECIFIED POLICE 
STATION; FAILING THIS, THAT PERSON WILL BE DETAINED 
UNTIL THEIR IDENTITY IS ESTABLISHED.  NO PUNISHMENT IS 
SPECIFIED FOR FAILING TO PRODUCE AN ID. 
 
SECTION 33: A POLICE OFFICER ABOVE THE RANK OF INSPECTOR 
MAY ESTABLISH A CORDON AROUND ANY AREA IN WHICH PUBLIC 
VIOLENCE IS OCCURRING.  ANYONE ENTERING OR LEAVING THIS 
CORDON WITHOUT WRITTEN PERMISSION WILL BE SUBJECT TO A 
FINE AND SIX MONTHS IMPRISONMENT.  A POLICE OFFICER MAY 
SEARCH AND ARREST, WITHOUT A WARRANT, ANY PERSON WITHIN 
THE CORDON. 
 
SECTIONS 35 AND 36: A POLICE OFFICER MAY STOP AND 
SEARCH, WITHOUT A WARRANT, ANY PERSON, VEHICLE OR 
AIRCRAFT ENTERING OR LEAVING ZIMBABWE, OR ANY PERSON OR 
VEHICLE APPROACHING A POLICE ROADBLOCK.  IN THE COURSE 
OF SUCH A SEARCH, THE POLICE OFFICER MAY SEIZE ANY THING 
WITHOUT A WARRANT.  ANYONE FAILING TO STOP OR SUBMIT TO 
A SEARCH MAY BE PUNISHED BY A FINE OR UP TO ONE YEAR 
IMPRISONMENT. 
 
--------------------------- 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  00268  03 OF 04  291525Z 
PART VI: GENERAL PROVISIONS 
--------------------------- 
 
SECTION 37: THE MINISTER OF HOME AFFAIRS, WHO OVERSEES 
ALL LOCAL AUTHORITIES, MAY REQUEST THE ASSISTANCE OF THE 
DEFENSE FORCES IN "SUPPRESSING ANY CIVIL COMMOTION OR 
DISTURBANCE IN ANY POLICE DISTRICT." 
 
SECTION 40: MAGISTRATES ARE GIVEN SPECIAL JURISDICTION 
IN CASES PROSECUTED UNDER THE ACT AND CAN, IN SUMMARY 
TRIALS, IMPOSE FINES LARGER THAN THEIR NORMAL 
JURISDICTION AND IMPOSE PRISON SENTENCES LONGER THAN 
THEIR NORMAL JURISDICTION, UP TO 15 YEARS. 
 
SECTION 43: THE MINISTER OF HOME AFFAIRS MAY DEPRIVE THE 
CITIZENSHIP OF ANYONE CONVICTED UNDER THE ACT AND 
SENTENCED TO ONE YEAR IMPRISONMENT OR LONGER. 
 
SECTION 44: ANYONE ARRESTED WITHOUT WARRANT AND CHARGED 
UNDER THE ACT WITHIN 48 HOURS WILL BE HELD IN CUSTODY 
FOR SEVEN DAYS WITHOUT BAIL. 
 
¶4.  (C) ENACTED TO SUPPRESS ANY DISSENT ARISING FROM THE 
MARCH PRESIDENTIAL ELECTION, THE POSA IS ALREADY 
BEGINNING TO AFFECT CIVIL LIBERTIES IN ZIMBABWE.  ON 
JANUARY 28, POLICE IN HARARE REPORTEDLY BANNED THE 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ9186 
 
PAGE 01        HARARE  00268  04 OF 04  291525Z 
ACTION AF-00 
 
INFO  LOG-00   MFA-00   NP-00    AID-00   AMAD-00  AS-01    CIAE-00 
      INL-00   USNW-00  DODE-00  DOEE-00  WHA-00   SRPP-00  DS-00 
      EB-00    EUR-00   OIGO-00  VC-00    H-01     TEDE-00  INR-00 
      IO-00    L-00     VCE-00   AC-01    DCP-01   NSAE-00  OIC-02 
      OMB-01   OPIC-01  PA-00    PC-01    PM-00    PRS-00   ACE-00 
      P-00     SP-00    SSO-00   SS-00    STR-00   TRSE-00  USIE-00 
      R-00     PMB-00   DSCC-00  PRM-00   DRL-02   G-00     NFAT-00 
      SAS-00   SWCI-00    /011W 
                  ------------------5ED952  291525Z /38 
P 291513Z JAN 02 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC PRIORITY 0828 
INFO NSC WASHDC PRIORITY 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY OTTAWA 
AMEMBASSY KINGSTON 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 04 OF 04 HARARE 000268 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR CHARLES GURNEY 
PARIS FOR CHARLES NEARY 
NAIROBI FOR TERRY PFLAUMER 
 
E.O. 12958: DECL: 01/29/12 
TAGS: PGOV PHUM ZI
                       CONFIDENTIAL 
 
PAGE 02        HARARE  00268  04 OF 04  291525Z 
SUBJECT: ZIMBABWE PUBLIC ORDER AND SECURITY ACT GRANTS 
POLICE SWEEPING POWERS 
 
CARRYING OR DISPLAY OF TRADITIONAL WEAPONS, NAMELY 
MACHETES, KNOBKERRIES, SWORDS, KNIVES AND DAGGERS, UNDER 
SECTION 14 OF THE POSA.  IN ADDITION, ON JANUARY 24, THE 
OWNER OF A POPULAR HARARE GATHERING SPOT REPORTEDLY 
CANCELED THE MEETING OF A HUMAN RIGHTS GROUP ON HIS 
PROPERTY BECAUSE IT POTENTIALLY COULD BE CONSTRUED BY 
THE POLICE AS A POLITICAL MEETING.  A PROMINENT 
ZIMBABWEAN ATTORNEY AND MEMBER OF THE CRISIS IN ZIMBABWE 
TASK FORCE RECENTLY EXPRESSED HIS CONCERN TO US THAT THE 
POSA WAS PASSED NOT ONLY TO HELP THE GOZ WIN THE 
ELECTION, BUT TO KEEP IT IN POWER LONG AFTER. 
 
¶5.  (C) COMMENT: ALTHOUGH THE POSA INCORPORATES A FEW 
MARGINAL IMPROVEMENTS OVER ITS LOMA PREDECESSOR, SUCH AS 
REMOVING PROVISIONS AGAINST MAKING SUBVERSIVE STATEMENTS 
AND THE POLICE AUTHORITY TO IMPOSE CURFEWS, ON THE WHOLE 
THE POSA IS A STEP BACKWARD FOR CIVIL LIBERTIES AND 
HUMAN RIGHTS.  IT IS IRONIC THAT MANY OFFENSES DESCRIBED 
UNDER THE NEW LAW, PARTICULARLY ONE AGAINST INTIMIDATION 
UNDER SECTION 22, HAVE BEEN COMMITTED WITH IMPUNITY BY 
WAR VETERANS, ZANU-PF MILITIA AND GOVERNMENT OFFICIALS. 
THE POSA COULD ACTUALLY BE USED TO REIN IN AND PROSECUTE 
THE PERPETRATORS OF THE RULING PARTY'S CAMPAIGN OF 
VIOLENCE IF THE POLICE WERE ALLOWED TO DO THEIR JOBS. 
HOWEVER, WITH LAW ENFORCEMENT INCREASINGLY ONE-SIDED, WE 
FULLY EXPECT THE NEW LAW TO BE USED ALMOST SOLELY 
AGAINST SUPPORTERS OF THE OPPOSITION.  END COMMENT. 
 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  00268  04 OF 04  291525Z 
SULLIVAN 
 
                       CONFIDENTIAL 
 
>

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Viewing cable 02HARARE268, ZIMBABWE PUBLIC ORDER AND SECURITY ACT GRANTS