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African Commission urged to exert pressure on Zimbabwe
MISA-Zimbabwe
May 31, 2006

MISA-Zimbabwe is urging the African Commission on Human and Peoples’ Rights (ACHPR) to use its influence and exert pressure on the Zimbabwean government not to pass the proposed Interception of Communications Bill.

In its submissions to the ACHPR’s 39^th Ordinary Session on the right to freedom of expression in Zimbabwe, MISA-Zimbabwe’s legal officer, Wilbert Mandinde, said:

"MISA is concerned that the Zimbabwean government is coming up with an Interception of Communications Bill … which 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.

"MISA therefore urges the Special Rapporteur on Freedom of Expression, Commissioner Pansy Tlakula, to encourage the Government of Zimbabwe not to pass this bill."

The Bill was gazetted on 26 May 2006.

The 39^th Ordinary Session ended in Banjul, Gambia, on 25 May 2006.

Mandinde also noted with concern the proposals by the government- controlled Media and Information Commission (MIC) to amend the Access to Information and Protection of Privacy Act (AIPPA) in order to regulate the entry of foreign publications into Zimbabwe.

"Based on our experience with this Commission, we foresee the banning of these publications into the country," he said.

MISA-Zimbabwe, however, saluted the Commission for adopting a Resolution on the Human Rights Situation in Zimbabwe during the previous session held in December 2005 and called upon the ACHPR to press the Zimbabwean government to respect its resolutions and findings.

The Zimbabwe Lawyers for Human Rights (ZLHR) also welcomed the Resolution. "This is a clear indication of the Commission’s concern about the ever-deteriorating human rights situation in our country and vindication for human rights organisations working with such commitment in Zimbabwe and the sub-region to expose such violations," said the ZLHR in its submissions.

Other NGOs from Zimbabwe joined in expressing their support and appreciation for the expertise and professionalism shown by the Commission in adopting the Resolution. This, the NGOs said, demonstrated the Commission’s concerns for the serious human rights situation prevailing in Zimbabwe, and the ACHPR’s desire to offer practical solutions to the crisis. The NGOs vowed to continue to assist the Commission in every manner possible to end the human rights violations.

MISA-Zimbabwe, however expressed concern that the Commission had heard only one out of 13 Communications filed by Zimbabwe. Twelve other Communications were deferred to the 40^th Ordinary Session after the Government of Zimbabwe failed to submit their written response on time.

MISA-Zimbabwe has two deferred Communications before the Commission. The first to be deferred is a joint Communication with ZLHR and the Independent Journalists Association of Zimbabwe (IJAZ) alleging that the provisions under AIPPA which impose the compulsory registration of media houses and accreditation of media practitioners violates provisions of the African Charter.

The matter was due to be argued on merits after passing two of the three-stage process.

The other one pertains to the provisions of the Broadcasting Services Act.

Also deferred is the Associated Newspapers of Zimbabwe (ANZ) Communication. The ZLHR took the ANZ case to the Commission arguing that the local legal remedies to the impasse between the State and the publishing company were not working. ZLHR is also seeking provisional measures to have ANZ equipment seized by the government returned.

"Undue delays in hearing and delivering decisions on communications by the Commission remains as a major source of concern," said Mandinde.

MISA, which was represented at the 39^th Ordinary by its Deputy Regional Director, Titus Moetsabi and Mandinde, congratulated the Commission on appointing Commissioner Faith Pansy Tlakula as the Special Rapportuer on Freedom of Express. Commissioner Tlakula replaces former Zimbabwean Attorney-General, Andrew Chigovera as Special Rapportuer for Freedom of Expression.

Visit the MISA-Zimbabwe fact sheet

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