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Rights abuses and the law
Media Monitoring Project Zimbabwe (MMPZ)
Extracted from Weekly Media Update 2004-48
Monday November 29th – Sunday December 5th 2004

THE country’s dismal human rights record continued to attract media attention with the private media reporting that government intended to enact more legislation that will further erode the remnants of whatever rights Zimbabweans still attempted to exercise under the country’s Constitution.

The Financial Gazette (2/12) and The Daily Mirror (3/12) followed up on an earlier Standard (28/11) report revealing that the Criminal Law (Codification and Reform) Bill proposes punishment of up to 20 years imprisonment for anyone communicating statements perceived to be prejudicial to the State.

The papers quoted independent analysts describing the Bill as unconstitutional saying it amounted to the consolidation of repressive laws that are inconsistent with democratic principles. This tallied with earlier but generally inadequate coverage of the Parliamentary Legal Committee’s findings that the proposed legislation contained several provisions that violated the constitution.

The Daily Mirror quoted lawyer Sternford Moyo saying the Bill contained certain "aspects of the Rhodesian era Law and Order Maintenance Act and the South African apartheid era Internal Security Act of 1982".

University of Zimbabwe political scientist Eldred Masunungure and human rights lawyer Brian Kagoro agreed.

Masunungure told the Gazette that the Bill was part of government’s "grand scheme or total strategy to strangulate the media or those still expressing views contrary to those of government or the ruling party," while Kagoro told the same paper that the aim of the legislation was to outlaw Zimbabweans from criticising the State.

Said Kagoro: "It’s probably worse than AIPPA. The State itself is not infallible, so as such it is bound to make mistakes. The safeguard of every citizen is to be a critic of the State."

Once again, the government media ignored this issue.

Besides exposing the erosion of the citizenry’s rights through the promulgation of patently unconstitutional laws, the private media also highlighted the continued harassment of opposition supporters by ZANU PF activists and the authorities’ politicisation of food aid.

These media carried about 22 stories on these issues.

In one of the stories, SW Radio Africa (01/12) reported that two MDC officials from Buhera South in Manicaland Province had been arrested for convening a rally where slogans denouncing President Mugabe were allegedly made. However, no police comment was sought to balance the report, which solely relied on the MDC provincial spokesperson Pishayi Muchauraya.

More evidence of intolerance of the opposition in Manicaland appeared in The Standard (5/12). The paper reported on the alleged "brutal attack" on four MDC activists in the province by a group of war veterans, who accused them of being "saboteurs".

Muchauraya was quoted saying the assault was part of a "purging exercise" that ZANU PF had started in the area ahead of next year’s general election.

However, police spokesman Oliver Mandipaka told the paper that he was not aware of the violence report although the paper cited the MDC as saying the matter had been reported at Chipfatsura Police Station, which took no action against the suspects.

The paper also reported on the brief hold-up of MDC leader Morgan Tsvangirai by immigration officials at the Harare International Airport on his return from overseas.

Meanwhile, SW Radio Africa (30/11) and Studio 7 (2/12) reported that a delegation of civic organisations from Zimbabwe had made submissions to the African Commission on Human and People’s Rights in Dakar on the continued rights violations in the country and had petitioned the Commission to release it’s report on Zimbabwe’s human rights record.

Studio 7 and SW Radio Africa (2/12) also reported that the International Crisis Group had released a report noting that the situation in Zimbabwe continued to deteriorate.

The ICG noted that there was still widespread abuse of human rights in the country, including political repression and the politicization of food aid.

SW Radio Africa (2/12) quoted ICG South Africa director Peter Kagwanja saying: "We are saying that we have to mount pressure on the Zanu PF government to institute electoral reforms. We are arguing that if electoral reforms are put in place without political reforms then elections will not be free and fair."

Typically, the government media ignored such reports.

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