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Lawyers
network to engage Government
MISA-Zimbabwe
April 27, 2005
Zimbabwe media
lawyers, who met under the auspices of the Media Lawyers Network
in Vumba from 21-23 April, in Manicaland Province, resolved to engage
the government as part of efforts towards the repealing of repressive
media laws that have seen the closure of four privately-owned newspapers
and the harassment and arrests of journalists and media workers.
In a communiqué
issued on 23 April 2005 at the end of a two-day MLN annual general
conference organised by MISA-Zimbabwe, the lawyers stressed that
they would not tire in pressing the government to repeal or amend
sections of the Access to Information and Protection of Privacy
Act, (AIPPA), Broadcasting Services Act (BSA) and Public Order and
Security Act (POSA).
The lawyers
noted that the repressive media and freedom of expression environment
in Zimbabwe, has resulted in many social, economic and political
problems for citizens of Zimbabwe. It was also noted that the conduct
of government business in secrecy has contributed to food shortages
and has also affected such national programme as combating the HIV
AIDS pandemic. The repression the media faces in Zimbabwe, as a
result of undemocratic laws has meant that challenges facing society
are not finding space for discussion as journalists exercise self
censorship and newspapers are shut down. Media lawyers resolved
that they would use all the available laws at their disposal in
assisting the media to access information held by public bodies
such as the National Aids Council and National Social Security Authority
to ensure transparency and accountability on their operations and
use of public funds.
Following, is
the full text of the communiqué and resolutions of the annual
general conference attended by a total of 21 lawyers, journalists
and human rights activists.
We, the
Media Lawyers Network,
Reflecting
on the development of the right to freedom of expression and media
freedom in Zimbabwe in the pre- and post independence era.
Recalling
the suppression of freedom of expression and the media during
the colonial era.
Reiterating
that freedom of expression is an inalienable right, which is at
the core of the ascent and development of humanity.
Observing
that there is in existence obnoxious and draconian pieces
of legislations that suppress the right to freedom of expression
and freedom of the media, which are not likely to change in the
near future.
Further
observing with increasing concern as the government of Zimbabwe
clamps down on journalists, newspapers and other human rights
defenders, and as documented by the official African Commission
for Human and Peoples’ Rights fact finding mission report on the
human rights situation in Zimbabwe.
Lamenting
the decline in the quality of life, the continuing misgovernance
and the breakdown in the justice delivery system in Zimbabwe as
a result thereof.
Re-affirming
the need to speedily deal with infringements of the freedom of
expression by the judiciary who are custodians of the Bill of
Rights
Now therefore
resolve the following:
- To
actively engage government at all practical levels on the following
issues;
- The opening
of the airwaves
- The re-opening
of closed newspapers
- The promotion
of community radio stations by licensing potential community
broadcasters because of their potential impact at community
level
- To
continue to lobby at both the local and international level
on the government’s attitudes on regional and international
human rights instruments
- To
engage the judiciary and in particular the Constitutional Court
to exercise its mandate of administering justice and upholding
the Constitution.
- To
engage and lobby parliamentarians to amend or repeal current
repressive laws such as AIPPA, POSA and BSA which militate against
media freedom.
- In
addition, parliamentarians should be conscientised on the adverse
effects of the proposed criminal code on the exercise of the
right to freedom of expression
- To
use all necessary lawful means to obtain /access information
from public bodies such as NAC and NSSA on their operations
and use of public funds.
- To
lobby the Minister of Information and parliamentarians for the
creation of an independent media regulating body.
- To
continue litigating and flood the Constitutional Court with
cases, notwithstanding that the cases may be unfavourably decided
upon in order, to keep a historical record of the court’s shortcomings.
Visit the MISA-Zimbabwe
fact
sheet
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