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MISA-Zimbabwe
statement delivered at the 37th Ordinary Session of the African
Commission on Human and People's Rights
MISA-Zimbabwe
April 29, 2005
This statement
was delivered by MISA-Zimbabwe Legal Officer, Wilbert Mandinde,
on 29 April 2005.
Madame Chair,
Madame Chair,
honourable commissioners and distinguished participants, at the
last session we called upon the commission to appoint a special
rapportuer for freedom of expression. We thank the commission and
congratulate Commissioner Andrew Chigovera on being appointed the
special rapportuer for freedom of expression.
Zimbabwe recently
celebrated its silver jubilee under the theme, Celebrating 25
Years of Independence and Democracy. It sounds discordant to
be celebrating independence and democracy in an environment where
four privately-owned newspapers, which served as alternative sources
of information, where closed in terms of a law, which has been condemned
locally, regionally and internationally as an impediment to media
freedom. Only in February 2005, the government appointed Media and
Information Commission, closed yet another paper, The Weekly
Times. This follows the closure of The Daily News, The
Daily News on Sunday and The Tribune, facts of which
were placed before the commission in the previous sessions.
Not content
with having promulgated a draconian legislation, in the name of
the Access to Information and Protection of Privacy Act (AIPPA),
the government still went ahead and introduced the Criminal Law
(Codification and Reform) Bill. The Bill contains a clause, which
tightens a section of the repressive Public Order and Security Act
(POSA), which deals with the publication, or communication of a
statement prejudicial to the State. It imposes a harsh prison term
of 20 years, in the event of a conviction. This law, we contend,
criminalize the enjoyment of the right to freedom of expression.
At a time, when Zimbabwe says it is "celebrating 25 years of
Independence and Democracy", freedom of expression, as the
cornerstone of any democracy, is visibly absent. Independent Zimbabwe,
as indicated above, has shut down four newspapers, peaceful demonstrators
are arrested and access to the state media, by any dissenting voice,
is denied.
Zimbabwe recently
held its sixth parliamentary elections. Whilst there were attempts
to open up the electronic media to other players, the continued
use of the public media as a propaganda tool by the government remains
a cause for concern. What we saw before the 31st March elections,
were cosmetic changes to the sector, which saw the coming into operation
of a statutory instrument governing access to the media by political
parties during elections. We believe access to the media should
be guaranteed for, at all times and not just during elections. And
that the governance structure of the public broadcaster must be
transparent and representative of all voices in Zimbabwe.
The media has
played an important role in highlighting and shaping policies and
course of events that define us as Zimbabweans in the last 25 years.
It is hoped that as the reality of the prevailing socio-economic
and political environment, manifests in the aftermath of the parliamentary
elections and independence celebrations, the 6th parliament
and indeed the nation at large, will take time to reflect on the
serious repression that the media has faced in the past 25 years.
We note the important role that media and freedom of expression
rights play in the socio-economic development of Zimbabwe. Without
the enjoyment of freedom of expression rights and a free media,
Zimbabwe has faced food shortages for the past four years, has one
of the highest numbers of HIV-AIDS infection rates in the sub region,
and has a land reform programme that is struggling. We contend that
the citizens of Zimbabwe are worse off economically, face hunger,
lack of information of land usage and agriculture and face a collapsed
economy, because of lack of information and the secrecy that surrounds
government business, as a result of draconian media laws.
After 25 years
of independence, Zimbabwe now needs freedom and democracy. Zimbabwe
can rescue itself from disaster by the mere act of repealing, AIPPA,
and amending POSA, Broadcasting Services Act and many other laws
that impinge on our rights as citizens. Only, a people that are
able to talk to themselves, criticise without fear of going to prison
and above all, have policies that focus on the real challenges that
we face as a people, hunger, HIV AIDS, and economic recovering,
only then, will Zimbabwe be able to re-align itself with its founding
principles, that defined our liberation struggle and aspirations
of attaining greater prosperity as a nation which respects, media
freedom, freedom of expression, assembly and movement as basic human
rights.
Visit the MISA-Zimbabwe
fact sheet
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