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So This Is Democracy? - State of media freedom and freedom of expression in southern Africa 2005
Media Institute of Southern Africa (MISA)
April, 2006

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Zimbabwe
As 2005 drew to a close, the government of Zimbabwe demonstrated increasing paranoia, intolerance and disdain for opposing views by seizing the passport of publisher Trevor Ncube, arresting Voice of the People Communications Trust (VOP) staff and confiscating equipment from the same organisation.

Immigration officials in Bulawayo seized Ncube's passport on December 8 2005 upon his arrival from South Africa. No reasons were advanced for the unlawful action other than that Ncube was on a list of citizens whose passports were to be withdrawn. Ncube is the chairman of Zimind, publishers of the Zimbabwe Independent and Zimbabwe Standard weeklies. He is also the publisher of the South African weekly Mail & Guardian. His passport was released after the Attorney General's Office conceded that the seizure was unlawful.

Barely a week later the authorities descended on the Harare offices of the VOP Radio station. They arrested three staff members and confiscated equipment, computers and administration files. The journalists were released without being charged after four nights at Harare Central Police station.

Significantly, these actions against human freedoms and rights came to the fore in a year during which the country held its sixth parliamentary elections. Zimbabwe has been experiencing severe economic and political problems since 1998. The March elections, however, did not bring much-desired renewal as the ruling Zanu-PF failed to arrest the country's economic decline.

The launch of Operation Murambatsvina ('Restore Order') in May 2005 dented hopes of a government that is determined to correct its human rights record. Tens of thousands of people were made homeless after the government destroyed their shacks and businesses, effectively killing the country's burgeoning informal sector.

Undaunted by a subsequent United Nations report slamming the country's human rights deficit, the Zanu-PF-dominated parliament passed the controversial Constitutional Amendment No 17 Bill in August 2005. This bill reintroduced the Senate and seeks to restrict the travel of individuals deemed to be acting against the economic interests of the country.

Among other contentious clauses, the bill strips the right to the courts by aggrieved parties in cases where their land has been acquired by the state. The only appeal allowed is for compensation for the improvements on land. This violates Zimbabwe's international obligations, particularly Article 7 (1) of the African Charter on Human and Peoples' Rights which includes "the right to appeal to competent authority organs against acts violating his fundamental rights".

While the government blames its economic misfortunes on recurrent droughts and international sanctions, it is these wanton human rights violations, which have earned the country its pariah status. Zimbabwe was ranked the least competitive of the 117 economies studied by the World Economic Forum.

As has become commonplace, the police descended on demonstrators agitating for a new constitution and arrested the leaders of the National Constitutional Assembly. Protests against the high cost of living were extinguished in a similar fashion, resulting in the arrest of leaders of the umbrella Zimbabwe Congress of Trade Unions.

Media environment
Zimbabwe is far from conforming with its constitutional, regional and international obliga tions as mandated under the various charters and conventions it has signed, ratified and acceded to in order to foster an environment that respects freedom of expression as a fundamental human right
.

This intransigence is amply demonstrated through the enactment and amendments to legislations that have a direct bearing on the exercise of the right to freedom of expression. Despite wide criticism against its restrictive media laws in the wake of the closure of four independent publications, harsh legislation designed to protect the executive from any form of criticism continues to find its way into the country's statutes.

Private and government-owned media, however, cannot escape blame for failing to put issues pertaining to human rights on the national agenda, especially in relation to social, economic, political and cultural rights.

While cases pertaining to the harassment, arrest, vilification and assault of journalists working for the private media have declined compared to the period leading to the 2000 and 2002 parliamentary and presidential elections, respectively, the clamped legislative media environment is still far from ideal. The decline in cases of media freedom violations is largely due to the absence of the critically informative Daily News and other newspapers such as The Tribune.2

The enactment of the Criminal Law (Codification and Reform) Act and the tabling of the General Laws Amendment Act, which seek to tighten sections of the Public Order and Security Act (POSA), speak volumes of a government still recovering from the scare of the tightly contested 2000 elections.

The repressive Broadcasting Services Act (BSA), Access to Information and Protection of Privacy Act (AIPPA) and the Public Order and Security Act (POSA) were put in place after the ruling Zanu-PF's near defeat in the 2000 parliamentary elections. This triggered an unprecedented wave of violence against private media journalists and opposition supporters ahead of the 2002 presidential elections.

These developments were not restricted to the print media alone. Scores of experienced journalists and broadcasters were retrenched at the then Zimbabwe Broadcasting Corporation, now Zimbabwe Broadcasting Holdings (ZBH), and replaced by juniors handpicked by then Minister of Information and Publicity Professor Jonathan Moyo. The retrenched media workers are still to receive their retrenchment packages some three years after they were made redundant.3 This has led to most of them living from hand to mouth, while others have relocated to South Africa, the United Kingdom and United States.

As a result, the country's sole public broadcaster is manned by inexperienced personnel, as evidenced by the poor quality of news and programme content. Those still in ZBH's employ sometimes have to contend with late salaries, while security of tenure is also never guaranteed for those working in the private or government-controlled media, as arrests of journalists or closure of independent publications is always a risk.

Journalists working for the independent press have been variously referred to as agents of imperialism; sell-outs; enemies of the state; and lapdogs of the former colonial master, Britain, bent on derailing the land reform programme. These verbal attacks have provided the context to the government's intolerance of freedom of expression.

As recently as November 3 2005, the government-run Herald published a vitriolic article on

veteran broadcasters John Matinde and Brenda Moyo, journalists Sandra Nyaira, Tichaona Sibanda and Blessing Zulu. These exiled media practitioners were referred to as "clowns and sell-outs" determined to advance the agenda of Western imperialist propaganda.

A meeting organised by MISA Zimbabwe under its Community Radio Initiatives in Dete, Matabeleland North was aborted after Zanu-PF councillor Thembinkosi Sibanda said the organisers did not have police clearance in terms of the Public Order and Security Act (POSA). The meeting, attended by about 1 000 people, had been scheduled for October 7 2005 to brief residents on the Community Radio Initiatives and the concept of community radio stations.

This extreme intolerance has resulted in at least 90 Zimbabwean journalists, including several of the nation's prominent media professionals, being exiled in South Africa, Namibia, the United Kingdom and the United States of America. Unemployment, political violence and human rights abuses have fuelled a steady stream of emigration from Zimbabwe since the late 1990s resulting in an estimated four million Zimbabweans now living in the Diaspora.4

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1. Zimbabwe has so far signed, ratified or acceded to among others, the Windhoek Declaration of 1991, African Charter on Human and People's Rights, Declaration of Principles on Freedom of Expression in Africa and the International Covenant on Civil and Political Rights.
2. - The Daily News and The Daily News on Sunday were closed by the Media and Information Commission (MIC) on September 11 2003. The Tribune on June 10 2004 and - The Weekly Times on February 25 2005.
3. For more information on these cases contact the Zimbabwe Union of Journalists (ZUJ) on 00 263 (0) 11 807 800 or 00 263 (0) 91 859 485.
4. Source: http://www.misa.org/ - Zimbabwe's Exiled Press

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