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Sections 5(a-c) states anyone is a member of, aids, or used the ‘paraphernalia’ of organisations that (a) are not permitted to register under the political parties Registration Law 1988; or (b) attempts, instigates incites, abets or commits any act that may in any way disrupt the law and order, peace and tranquillity or safe and secure communications; (c) effect or disrupt the regularity of state machinery can face a maximum incarceration term of five years. The government manipulates this law in order to incarcerate individuals who are associated with anti-government organisations.
In July 2013, two leaders of independent women’s networks and a student activist were arrested and imprisoned under Section 5 of this law for showing their support for farmers who ploughed fields which had been confiscated 20 years earlier. They were released in December 2013 on appeal after they went on hunger strike
International Standards and Constitution
This law restricts freedom of association, a fundamental human right enshrined in the Universal Declaration of Human Rights Article 20 “Everyone has the right to freedom of Peaceful Assembly and Association,” and further the International Labour Organisation (ILO) Convention no.87 “Freedom of Association and Protection of the right to Organise Convention, (1948).
The law is in violation of Section 354(c) of the 2008 Constitution which states that “Every citizen shall be at liberty in the exercise of the following rights, if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquillity or public order and morality: to form associations and organisations.”
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