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Statement
by the Media Institute of Southern Africa (MISA-Zimbabwe) on the
Occasion of the 39th Ordinary Session of the African Commission
on Human and Peoples' Rights (ACHPR), Banjul, Gambia
MISA-Zimbabwe
May 10, 2006
This
paper was presented by Wilbert Mandinde, MISA-Zimbabwe, Legal Officer
at the 39th Ordinary Session of the African Commission on Human
and Peoples' Rights (ACHPR), Banjul, Gambia (11th to 25th May 2006)
Chairperson,
Chairperson,
honourable commissioners and distinguished participants, we thank
you for the time that we have been given to address this august
house on the exercise of the right to freedom of expression in Zimbabwe.
We welcome the
nomination of Commissioner Faith Pansy Tlakula as Special Rapporteur
on Freedom of Expression in Africa and urge her to work tirelessly
for the effective realisation of the right to freedom of expression
in the whole of Africa.
Madam chairperson,
we salute your Commission for adopting a resolution on the human
rights situation in Zimbabwe at the last session. We wish to advise
your commission that the situation has remained unchanged and your
Commission should continue to put pressure on the Government of
Zimbabwe to uphold the rule of law and respect human rights. We
are concerned though that the government has continued to demonise
the work of this Commission especially through the state media and
should be called upon to respect resolutions and findings of this
Commission.
We are further
concerned that the Zimbabwean government is coming up with an Interception
of Communications Bill. The Bill will enable the government
to spy into telephone and e-mail messages in what will obviously
be a blatant and outright invasion of privacy and infringement of
the right to receive and impart ideas without interference with
one’s correspondence.
The proposed
Bill will make it compulsory for service providers to install the
enabling equipment on behalf of the state while empowering state
agencies to open mail passing through the post and through licensed
courier service providers.
The Bill stipulates
that operators of telecommunications services will be compelled
to install software and hardware to enable them to intercept and
store information as directed by the state.
Chairperson,
in the findings of your fact-finding mission to Harare in 2002,
you expressed concern over the suppression of fundamental rights
and liberties through laws such as the Access
to Information and Protection of Privacy Act AIPPA, Public
Order and Security Act (POSA) and the Broadcasting
Services Act (BSA) and recommended that the laws be repealed
or amended. We note with concern that the legislation has neither
been repealed nor amended.
We are further
shocked that the Media and Information Commission chairperson, Tafataona
Mahoso has reportedly submitted to government proposals to amend
the Access to Information and Protection of Privacy Act (AIPPA)
to regulate the entry of foreign publications into Zimbabwe. Based
on our experience with this commission, we foresee the banning of
foreign publications into the country. The proposed amendments are
therefore jarring as they come in the wake of unchallenged reports
that the government is reportedly reviewing the Access to Information
and Protection of Privacy Act (AIPPA) with a view to removing offending
provisions in the Act.
Visit the MISA-Zimbabwe
fact sheet
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