The Human Rights Commission has placed a higher premium on the promotion and protection of the freedoms of association and assembly as the country heads towards the 2021 general elections.
The Commission Spokesperson Mweelwa Muleya said today that the path to 2021 elections will be critical period when the rights to freedoms of association and assembly will be at risk.
As such Mr Muleya stated that the Human Rights Commission is deeply concerned and calls for the need to start addressing the issue of rights to freedom of association, assembly and expression as well as movement as the country counts down to 2021 presidential and general elections.
He said going forward the Commission wants to see a balanced maintenance of law and order regards the freedoms of association and assembly because they are critical to popular participation of all stakeholders in the electoral process.
“So, we expect a balanced act of maintaining law and order as well as promoting and protecting the freedoms of association and assembly because they are critical to popular participation of all stakeholders in the electoral process. We cannot maintain law and order by suppressing the rights and freedoms of other groupings of society,” he said.
Mr Muleya was speaking when he opened a two day workshop for stakeholder engagement on freedom of assembly in relation to the provisions and implementation of the Public Order Act.
He urged for fair application of the Public Order Act on interest groups and political parties.
He added that suppressing the freedoms of people to assemble and associate can have an adverse effect because naturally when people struggle to claim their civic and political space and that brings conflict.
According to Mr Muleya it becomes very important for law enforcement officers to realise that promotion and protection of human rights and freedoms is a prerequisite for maintenance of law and order.
The HRC Spokesperson stated that political parties together with human rights defenders must appreciate the fact that they cannot enjoy the rights and freedoms without taking maximum responsibility to maintain law and order.
He has since advised political parties to always remember that the rights of freedom to association and assembly demand to be exercised with responsibility.
“Similarly political parties, human rights defenders must appreciate the fact that you cannot enjoy the rights and freedoms without taking maximum responsibility to maintain law and order. It can’t just work, so you have a responsibility to maintain law and order as much as you want to exercise your rights and freedoms because these rights are not absolute,” Mr Muleya said.
He added that there deregulations or restrictions in the enjoyment or exercise of rights in the interest of public order, public safety and public health.
“If there is coronavirus, it is a public health concern and those rights can be legitimately restricted. But what is fundamental is fairness in the application of the law that, if I cannot hold a meeting because of coronavirus, [another] should not also be allowed to do the same thing because there is coronavirus,” he said.
He stated that the principle of equality and non-discrimination in the application of the law regards public association and assembly is a fundamental human rights principle and should be respected.