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The Maputo broadcasting reform initiative
MISA-Zimbabwe
August 22, 2006

A conference attended by participants from the African Commission of Human and Peoples` Rights, broadcasting regulators, national and commercial broadcasters, parliamentarians and experts drawn from Botswana, Malawi, Mozambique, Namibia, South Africa and Zambia was hosted in Mozambique by the Media Institute of Southern Africa (MISA) and the Southern African Broadcasting Association (SABA) in cooperation with the Friedrich Ebert Stiftung (FES) from 14 to 16 August 2006. The conference focused on the state of broadcasting reforms in the SADC region.

The conference concluded the following:

1. Since the inception of the African Charter on Broadcasting 2001, the signing of the SADC Protocol on Culture, Information and Sport in 2001 as well as the adoption of the Declaration on Principles of Freedom of Expression in Africa by the African Commission of Human and Peoples´ Rights in 2002, broadcasting reform in the SADC region seemed finally to get on its way.
2. To assist this process, broadcasters, regulators and parliamentarians met annually at SABA/MISA/FES conferences and worked successfully on gradually building a consensus on basic principles. This consensus was endorsed by a SADC Parliamentary Forum Conference in April 2006 by agreeing that, among others
• state broadcasters should be transformed into public broadcasters and
• the broadcasting regulator should be accountable to the legislature and its board be appointed in an open and transparent process.
3. Despite this growing consensus on principles of broadcasting reforms in the SADC region and the efforts of SABA, MISA and other dedicated organisations, progress in regard to actual reforms is painfully slow.
4. The SADC Protocol is not in force yet because it has not been ratified by a sufficient number of member states, and even most of those states that have ratified it, have not sufficiently fulfilled the demand to "ensure the freedom and independence of the media" including broadcast media be they private, public or community based.
5. The African Commission’s Declaration on Principles of Freedom of Expression that demands independent broadcasting regulation and the transformation of state and government controlled broadcasters into public broadcasters is widely not adhered to.
6. Despite all dedicated efforts, the implementation of the regional consensus on national levels has to rely on the good will of member states of SADC in the absence of an effective binding system.
7. Therefore, awareness-raising campaigns need to be intensified and all those structures responsible for the promotion of broadcasting reforms strengthened, namely the African Commission on Human and Peoples´ Rights, parliaments in the region, state/public broadcasters, regulators and lobbying groups such as MISA and SABA.

For all these reasons the conference recommends the following:

1. To promote broadcasting reforms efficiently, a more focussed approach is needed by pooling experience and expertise of stakeholders in the region. To this end, a Broadcasting Reform Task Group will be formed. This Task Group will
   • comprise of representatives from parliaments, SADC Parliamentary Forum, regulators, SABA, MISA and the African Commission;
   • base its work on the above protocol and declaration as well as the policy guidelines developed during previous SABA/MISA/FES conferences;
   • establish a pool of expertise that could be tapped into whenever needed;
   • identify reform potential in various SADC countries using the audit of broadcasting legislation in the SADC region, results of the African Media Barometer, a peer review system and other sources.
   • assist with developing strategy proposals for various countries – taking into account the different political dynamics – for
     1. steps towards transformation processes within existing structures
     2. broadcasting policy development and/or
     3. the creation of a legal framework conducive to a democratic broadcasting system;
   • assist with the implementation of the strategies in cooperation with partners in the various countries.

   SABA/MISA are to initiate the formation of the Task Group

2. Attention should be given towards establishing an African Public Broadcasting Peer Review Mechanism (APPRM), as a way to advance the reform and improve Southern African broadcasting. This mechanism should be voluntary and with criteria and review team based on consensus amongst those public broadcasters that sign up. The process would, like the APRM, proceed with a national self-assessment that would draw in stakeholders like parliamentarians, NGOs, governments, public broadcasting bodies and journalists.
   
   
3. To strengthen the role of parliaments SADC PF should
• establish a portfolio within its structures that deals with, amongst others, broadcasting reform issues as well as information and communication technologies (ICT) that enable SADC countries to share experiences;
• include a capacity building module on broadcasting reform in their Parliamentary Leadership Centre Programme.

National parliaments should consider to set up - wherever there is no appropriate committee - a committee on broadcasting reform.

4. As it is not sufficient to establish the necessary formal institutions in the broadcasting sector without a set of clear policy goals, the development of a broadcasting policy outlining the principles of a diverse broadcasting landscape, independent broadcasting regulation and public broadcasting is essential. The development should be based on broad public consultation to ensure ownership of the policy by the public.
   
   
5. The harmonisation of broadcasting regulation principles in the SADC region is essential for the further development of the broadcasting industry. It should be preceded by a consensus on the reasons for and areas of regulation as well as the independence, responsibilities and structures of regulatory bodies. This process should be guided by the principle that regulation is not about control but a mechanism to enable a diverse and pluralistic broadcasting landscape.

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