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Communiqué
by the Media Lawyers Network at the end of the 2004 annual conference
Great Zimbabwe Hotel Masvingo April 25 2004
Media
Lawyers Network
April 25, 2004
Preamble
The
members of the media lawyers network, journalists present at the
conference resolved upon the following:
Reaffirming
the obligations of our government under the African Charter on Human
and People’s Rights in particular article 9
Recalling
Article 9 guarantees as follows "every individual shall have
the right to receive information and every individual shall have
the right to express and disseminate his opinions within the law"
Recognising
the declaration of principles of freedom of expression in Africa
adopted by the African Commission on Human and People’s Rights meeting
at its 32nd Ordinary Session in Banjul, Gambia from the
17th to the 23rd of October 2002
Recognising
that freedom of expression is a fundamental human right guaranteed
by the Zimbabwe Constitution, the ACHPR, the Universal declaration
of Human Rights and the International Covenant on Civil and Political
Rights
Considering
the key role of the media and other means of communication in ensuring
full respect of freedom of expression in promoting the free flow
of information and ideas in assisting people to make informed decisions
in facilitating democracy
Noting
the legislative and practical encumbrances that have been placed
on the media in Zimbabwe in its endeavor to enjoy the freedom of
expression
Mindful
of the effect such measures have had on the enjoyment of freedom
of expression by the public and the adverse effects it has had on
employment and the welfare of media workers.
Reaffirming
the need to speedily deal with infringements of the freedom of expression
by the judiciary who are the custodians of the bill of rights
Determined
to carry out our duty in defence of media freedom, we have resolved
that:
- International
bodies such as the African Commission on Human and Peoples’ Rights,
the United Nations Commission on Human Rights and such other bodies
should be resorted to in the absence of effective domestic remedies
and/or their exhaustion.
- The judiciary
is called upon to speedily depose with matters of public interest
which are brought before it such as those involving freedom of
expression or any other matter dealing with fundamental human
rights.
- The state
is called upon to ensure that all its organs are properly equipped
and have the resources to function effectively in discharging
its duties; particularly make them aware of the country’s obligations
under international treaties and provide these treaties to these
organs and also provide training. The state must mitigate the
effect that its actions have on journalists financially and morally
The media practitioners and media lawyers are called upon to cooperate
and work together in the furtherance of freedom of expression
- Civic society
and the public at large are called upon to complement the efforts
of media practitioners in the their efforts for greater freedoms.
Parliament must be urged to amend or repeal the current laws like
BSA, AIPPA, POSA that militate against media freedom In achieving
this MPs are encouraged to consult stakeholders in coming up with
a new legislative regime.
The Media Lawyers
network was formed by MISA-Zimbabwe in 2002 to mobilize the legal
fraternity in the defence of media and freedom of expression. It
is made up of human rights lawyers in various cities of Zimbabwe.
Visit the MISA
-Zimbabwe fact
sheet
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This work is licensed under a Creative Commons License unless stated otherwise.
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