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Zimbabwe continues to flout international conventions
MISA-Zimbabwe
Extracted from Monthly Alerts Digest June 2005
July 13, 2005

The Zimbabwean media already reeling under restrictive laws which impinge on media freedom and freedom of expression will have to contented with yet another draconian piece of legislation in the form of the Criminal Law (Codification and Reform) Act.

The Criminal Law (Codification and Reform) Bill Chapter 9:23 was passed by Parliament at the end of 2004, and was gazetted on 2 June 2005 after the President assented to it.

The Act imposes stiffer penalties than those provided for under the Public Order and Security Act (POSA) and Access to Information and Protection of Privacy Act (AIPPA).

These laws contravene conventions and declarations governing basic freedoms and rights adopted by member states of the African Union including Zimbabwe.

For instance Zimbabwe adopted the Declaration of Principles on Freedom of Expression in Africa, which reaffirms the fundamental importance of freedom of expression as an individual human right, as a cornerstone of democracy and as a means of ensuring respect for all human rights.

At its 32nd Ordinary Session in Banjul, the Gambia in October 2002, the African Commission on Human and People's Rights agreed that parties to the African Charter on Human and People's Rights should make every effort to give practical effect to the Principles on Freedom of Expression in Africa.

A close analysis of the new legislation shows that it runs counter to the principles of the right to freedom of expression as it seeks to protect public officials including the State President from public scrutiny.

This comes against the backdrop of the wide codemnation of Zimbabwe's media laws as being in contravention of the principles and standards envisaged and guaranteed under the International Covenant on Civil and Political Rights, the African Charter on Human and People's Rights and Universal Declaration of Human Rights.

The Codification Act instills fear and self-censorship in journalists out to expose any wrongdoing in the prison service, the police and military, effectively curtailing access to information by the public and the public's democratic right to know how they are being governed.

For instance, a journalist convicted of contravening Section 31(a) of the Act will be jailed for a period not exceeding 20 years or to a fine of up to Z$2,5 million or to both fine and imprisonment.

Under Section 15 of POSA, which is similar to Section 31of the Codification Act, one is liable to a five-year jail term or alternatively a fine $100 000 or both imprisonment and fine.

Section 31(a) of the Act, makes it an offence for anyone inside or outside Zimbabwe to publish or communicate to any other person a statement which is wholly or materially false with the intention or realising that there is real risk or a possibility of any of the following:

• Inciting or promoting public disorder or public violence or endangering public safety.
• Adversely affecting the defence or economic interests of Zimbabwe.
• Undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe.
• Interfering with, disrupting or interrupting any essential service.

Section 33 of the Codification is similar in all respects to Section 16 of POSA. It deals with "undermining the authority of or insulting the President".

POSA imposes a fine of Z$20 000 or a one year jail term or to both fine and imprisonment. The Codification Act raises the fine to Z$200 000 while the prison term remains the same.

For President Robert Mugabe to have gone ahead and sign such a draconian piece of legislation at a time when Zimbabwe is being condemned for its dented human rights record speaks volumes about a government that does not care about world opinion nor respect for basic human rights.

Suffice to say these are the actions of a government that is determined to perpetuate self-rule by suppressing the role played by an independent press towards fostering accountability, transparency and good governance.

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