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MISA Zimbabwe report and recommendations on the ICTs and Freedom
of Expression submitted to the Ministry of Information and Publicity
MISA-Zimbabwe
November 17, 2005
Introduction
Information
Communication Technologies (ICTs) are an integral part of national
development strategies in the arena of communication infrastructure
and strengthening of democracy, especially the enjoyment of the
right to freedom of expression. The use of ICTs also has a positive
effect on the development of education, health facilities and the
economy.
While the term
Information Society has mostly been used to refer to the developed
world, with the third world seen as aspiring to enter the Information
Society, we note that the use of ICT's in Zimbabwe and other
Third World countries as evidenced by the spread of wireless mobile
communication, the Internet etc, indicates that the developing world
is equally part of the information society although more still needs
to be done to maximize the benefits ICTs offer.
More importantly
the ICTs revolution presents a chance for the developing world to
expand communication infrastructure in the service of democracy
and economic progress.
This can be
implemented to enhance the universal principles of freedom of expression.
The media industry and society at large, if supported by a properly
designed and all-inclusive national ICT policy, can become one of
the critical beneficiaries of the ICT revolution.
The opportunities
ICTs present in providing multi-channels of content distribution,
cheaper communication means as mobile phones, internet connectivity
among others, cannot, therefore, be over-emphasized.
The advent of
the Internet, wireless and satellite communication, coupled with
improvements in the broadcasting industry to include digital equipment,
have meant a significant paradigm shift towards much more efficient
and accessible electronic media in countries that have had the courage
to embrace the importance of technology for the promotion of freedom
of expression.
In the case
of Zimbabwe, it is the considered view of the Media Institute of
Southern Africa- Zimbabwe Chapter (MISA-Zimbabwe) that there is
still a lot of room for improvement in the promotion of ICTs as
critical platforms for the promotion of freedom of expression and
sustainable development.
This is said
within the context of the principles that were adopted at the United
Nations-International Telecommunications Union- sponsored World
Summit on Information Societies of 2003 where inter-alia it was
agreed that in order to build information societies:
We, the
representatives of the peoples of the world, assembled in Geneva
from 10-12 December 2003 for the first phase of the World Summit
on the Information society, declare our common desire and commitment
to build a people centered inclusive and development oriented
Information Society, where everyone can create, access, utilise
and share information and knowledge, enabling individuals, communities
and peoples to achieve their full potential in promoting their
sustainable development and improving their quality of life premised
on the purposes and principles of the Charter of the United Nations
and respecting fully and upholding the Universal Declaration of
Human Rights.[1]
The WSIS discussion
continued in Tunisia in 2005, with the world taking stock of achievements
made over the past two years since 2003 and the challenges ahead.
The importance
of the WSIS declaration of principles by representatives of member
states of the Untied Nations place into context the importance attached
both to the role of ICTs in sustainable development, access to information,
the production and distribution of information as well as the importance
of the Universal Declaration of Human Rights which states under
Article 19:
"Everyone
shall have the right to freedom of opinion, and expression, this
right includes freedom to hold opinions without interference and
to seek, receive, impart information and ideas through any media
and regardless of frontiers."
MISA-Zimbabwe
submits that the African Charter on Human and People's Rights
is also salient in its protection of the right to receive information
through Article 9 which stipulates that every individual shall have
the right to receive information, and that every individual shall
have the right to express and disseminate his/her opinions within
the law.
This clause
of the African Charter is embraced under Section 20 of Zimbabwe's
constitution that allows for freedom of expression.
Access
to Information, Freedom of Expression and ICTs
MISA
Zimbabwe brings to the attention of the government that in relation
to ICTs and access to information, the provisions of the Plan of
Action of the WSIS, which, among other critical issues, outlines
the importance of access to information and connectivity in line
with the Millennium Development Goals (MDG's) and ensuring
that remote areas/villages have access to information through ICTs.
MISA Zimbabwe
notes that the current situation in Zimbabwe is far from achieving
the goals set out in the WSIS Plan of Action and that there is little
time left until the set target of 2015 for the achievement of the
MDG's comes to pass.
MISA Zimbabwe,
therefore, recommends that the Ministry of Information and Publicity
in conjunction with the Ministry of Science and Technology, review
the situation regarding access to information in Zimbabwe based
on legislation such as the Access to Information and Protection
of Privacy Act (AIPPA), that place cumbersome procedures for ordinary
citizens of Zimbabwe to access information from government departments.
This is argued
within the context that the WSIS Plan of Action, calls for the connection
of all government departments, ministries and educational facilities
to the World Wide Web in order to facilitate the free flow of information.
While the Ministry
of Science and Technology says it is working towards an e-government
system, in which citizens can benefit from government services though
the use of ICTs, such endeavors will come to nothing as long as
laws such as AIPPA, which place restrictions on access to information,
remain in force.
ICT policy
cannot, therefore be separated from the broader legislative environment
under which the media and citizens have to access information.
MISA-Zimbabwe
argues that, the technology of ICTs is to merely serve as vehicles
for the ultimate goal of achieving enhanced enjoyment of freedom
of expression rights by the citizens of Zimbabwe.
Government ICT
policy must, therefore, focus on the goal and the technology must
come in to assist us in achieving that goal. So far debate on the
use of ICT's in Zimbabwe has been confined to technology,
business, education, health, among others. While this is all in
order, it is prudent that this debate be centered on access to information
as all sectors that benefit from the ICT would do so under the banner
of access to information and the enjoyment of the right to freedom
of expression. Such a debate would entail a re- look at laws such
as AIPPA and the Broadcasting Services Act (BSA), which place restrictions
on the exercise of the right to freedom of expression.
This is as stated
in Section C3 of the WSIS Plan of Action, where it states:
ICTs allow
people anywhere in the world, to access information and knowledge
almost instantaneously. Individuals, organizations, and communities
should benefit from access to knowledge and information.
The public nature
of the need for access to information is further cemented in the
WSIS objectives in that, governments are obliged to 'establish
sustainable multi-purpose community public access points providing
affordable or free of charge access to the various communication
resources, notably, the Internet.
These access
points should, to the extent possible, have sufficient capacity
to provide assistance to users in libraries, educational institutions,
public administrations, post offices, or other public places with
special emphasis on rural and underserved areas, while respecting
intellectual property rights and encouraging the use of information
and sharing of knowledge.
To the best
of MISA Zimbabwe's knowledge, the Internet in Zimbabwe remains
one of the most expensive means of communication and the most elitist
and underutilized let alone the least developed.
It is against
that background that the government through its responsible ministry
needs to revisit its obligations under WSIS and the International
Telecommunications Union (ITU) to allow the people of Zimbabwe more
avenues through which they can access information as well as freely
express themselves.
Further to this,
MISA Zimbabwe also submits that in order for there to be greater
facilitation of freedom of expression in line with Article 19 of
the Universal Declaration of Human Rights, Article 12 of the African
Charter on Human and People's Rights and Section 20 of Zimbabwe's
Constitution, the government must seek ways of liberalizing the
airwaves.
This will be
done in accordance with the African Charter on Broadcasting that
calls for the establishment of community radio stations, public
(not state) broadcasters and commercial broadcasters.
This will lead
to widespread free flow of information for the majority of citizens
both in relation to the WSIS as well as the MDG's. This will
entail an urgent reviewing of the Postal and Telecommunications
Act, the Broadcasting Services Act and the Zimbabwe Broadcasting
Act as outlined in the recommendations outlined below.
While the government
has been arguing all along that one of the restrictions to the number
of broadcasting stations that can be licensed is that of limited
frequencies, we submit that with the advent of satellite communication
and fibre optic lines, among others, the world finds itself with
a vast number of channels through which broadcasting stations can
reach their audiences.
As opposed to
simply looking at broadcasting media in a narrow political sense,
the Zimbabwean government should seriously consider the immense
economic benefits an advanced media environment can bring to Zimbabwe,
regardless of how critical it might be of the present or any future
government. Government's dillydallying on opening the airwaves
has resulted in many Zimbabweans wasting millions in foreign currency
to connect to foreign media outlets and indeed the Zimbabwe media
is now underdeveloped as a result of laws such as AIPPA and BSA.
The broadcasting
industry in Zimbabwe has the chance to benefit from the ICT revolution
and contribute to the strengthening of democracy in Zimbabwe.
Recommended
Urgent Changes to the Postal and Telecommunications Act
MISA
Zimbabwe notes that fact that the telecommunications industry is
regulated by the Post and Telecommunications Authority, established
in terms of the Postal and Telecommunications Act (PTA) and administered
under the tutelage of the Post and Telecommunications Authority
Board.
It is the latter
that MISA Zimbabwe implores the government to revisit in relation
to the manner in which it is appointed.
In terms of
Section 5 of the PTA, the Board is appointed by the President in
consultation with the responsible minister. This does not bode well
for the transparent and independent administration of as important
a sector as telecommunication and neither is it in the interests
of the promotion of freedom of expression/information.
MISA Zimbabwe
recommends that the PTA be amended to allow for the appointment
of a independent regulatory authority through a process that involves
the approval of government nominees by parliament and after a public
hearing process where potential members of such an authority are
brought before members of the public to explain their plans and
vision for telecommunications and postal services in the country.
In tandem with
the problems associated with the manner in which the PTAB is appointed,
MISA Zimbabwe notes the unwarranted government interference in the
affairs of the authority, through section 25 of the Act where the
minister may give 'policy directions' to the board.
The Minister,
in terms of Section 26, can also arbitrarily reverse, rescind, or
suspend the decisions of the PTAB. The reasons cited for the ministerial
interference is attributed to the otherwise vaguely stated "national
interest' which is not clearly defined in terms of the Act.
MISA Zimbabwe
notes that these sections of the Act make it difficult for the PTAB
to perform its functions in a democratic manner because it reports
solely to the responsible minister who appoints it, and can request
it to rescind, suspend or cancel its decisions altogether.
Telecommunication
Licenses and the need to merge telecommunications and broadcasting
In
terms of the PTA, the PTAB issues 'radio communication',
cellular telecommunication licenses in accordance with the stipulations
of the International Telecommunications Union (ITU).
MISA Zimbabwe
is, however, cognizant of the existence of the Broadcasting Services
Act and the Zimbabwe Broadcasting Holdings Act, with the former
establishing the signal carrier company, Transmedia to allocate
frequencies and provide transmitters to all broadcasters in the
country. This, in the view of MISA Zimbabwe, is a very cumbersome
and inefficient arrangement.
Instead of having
three regulatory authorities in the telecommunications industry,
we recommend that there should be one communications authority that
oversees telecommunications and broadcasting in Zimbabwe.
ICTs have blurred
the divide between telecommunications and broadcasting as broadcasting
can now take place through the use of mobile phone networks, the
Internet.
The telecommunications
industry is also generating content for broadcasting and policy
needs to assist the integration and networking of the two, hitherto,
divergent industries for the benefit of society.
The starting
point is a unitary regulatory body. In Zimbabwe while the Broadcasting
Authority of Zimbabwe, purportedly licenses potential broadcasters,
which it has not done so far, the same body has to work with the
telecommunications regulatory body to know which frequencies are
available.
This, we submit
is an unnecessary burden to the taxpayer, inherently inefficient
and has not served any purpose so far apart from scuttling growth
in this industry.
This would enhance
greater efficiency and congruencies in the manner telecommunications
licences are issued in Zimbabwe. In South Africa the Independent
Communications Authority exists to undertake the following:
- make regulations
and policies that govern broadcasting and telecommunications
- issue licenses
to providers of telecommunications services and broadcasters
- monitor the
environment and enforce compliance with rules, regulations and
policies
- hear and
decide on disputes and complaints brought by industry or members
of the public against licensees
- plan, control
and manage the frequency spectrum and protect consumers from unfair
business practices, poor quality services and harmful or inferior
We note that
South Africa is now in the process of debating the Convergence Bill
to bring further clarity in the regulation of the telecommunications
and broadcasting industry as necessitated by advances in ICTs.
In Zimbabwe
we have not even started talking of the need for a unitary independent
and transparent regulatory body. It would be prudent for the government
to begin to examine the option of a single regulatory authority
in Zimbabwe.
The
sustainable development component of ICTs
The
World Summit on Information Society, in its adopted principles and
plan of action has highlighted that its intention is to build an
inclusive information society, that recognizes the importance of
the Millennium Development Goals (MDG) to which Zimbabwe is a signatory
under the auspices of the United Nations.
To ensure the
full utilization of ICTs in order to enhance the objectives of sustainable
development as outlined in the MDG's, there is need for the
Government of Zimbabwe to review its position on matters that concern
freedom of expression and freedom of information. This is argued
in relation to the articulated roles that all governments are expected
to undertake in order to promote the use of ICTs for development.
Section C of
the Plan of Action for the WSIS, states that governments must engage
all stakeholders on the implementation of national e-strategies,
and that this must be done by 2005.
Whilst the ministry
of information and publicity has taken the initiative to attempt
to consult stakeholders, MISA Zimbabwe feels that the consultation
was inadequate and was hurriedly conducted with little time left
before the WSIS 2005 Tunisia summit.
Further to this,
MISA Zimbabwe also notes that the development of an e-strategy cannot
be undertaken in isolation of the review of the laws that currently
underpin the telecommunications industry in Zimbabwe. The laws in
question are the PTA, BSA, ZBH Act and the Zimbabwe Broadcasting
Act.
Conclusion
MISA
Zimbabwe notes, with great regret, that Zimbabwe as a country has
not yet gone as far as is practically possible in ensuring that
its citizens gain greater access to ICTs in order for them to gain
greater access to information, freedom of expression and the sustainable
development benefits that would accrue from such technology being
an everyday aspect of their lives. It is incumbent upon the government
of Zimbabwe to review and reform the laws that govern telecommunications
in the country, with the intention of creating a single regulatory
authority for broadcasting and telecommunications. It is also incumbent
upon the government to begin to meet its obligations and commitments
to the WSIS in the interests of promoting access to information
and freedom of expression as integral mechanisms for the achievement
of sustainable development in the country.
CC : Ministry
of Science and Technology
Parliamentary
Portfolio Committee on Transport and Communication
Postal
and Telecommunications Authority of Zimbabwe
Broadcasting
Authority of Zimbabwe
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