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Statement to the 42nd Ordinary Session of the African Commission for Human and Peoples' Rights
MISA-Zimbabwe
November 16, 2007

The Media Institute of Southern Africa (MISA-Zimbabwe) thanks the African Commission for Human and Peoples' Rights for the opportunity given to address this august house on the enjoyment of the right to freedom of expression in Zimbabwe.

It is with deep sorrow that we report that the freedom of expression situation continue to deteriorate especially in the wake of relentless attacks on the media and the citizens' right to free speech.

The signing into law of the Interception of Communications Act in August by President Mugabe adds to the already long list of repressive legislation such as the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA) which is already a subject to at least two communications before the Commission. The Interception of Communications Act allows the government to spy into telephone and e-mail messages. It establishes a monitoring centre or agency which shall be the sole facility through which interception shall be effected.

The widely condemned Access to Information and Protection of Privacy Act (AIPPA), the Public Order and Security Act (POSA) and the Broadcasting Services Act (BSA), continue to be used with impunity to muzzle the media and harass journalists. Yet in previous sessions, the government has indicated its willingness to repeal AIPPA. However pronouncements by the Minister of State Security Didymus Mutasa that he wishes the widely condemned legislation would remain on the country's statutes for a thousand years is cause for concern.

As MISA-Zimbabwe, whilst we are happy to note the promise by the Zimbabwean delegation here present that POSA, AIPPA and the BSA will soon be amended, we believe that these laws should be fully amended to conform to international human rights standards. MISA-Zimbabwe will certainly input into the process and will report to the next session accordingly.

Whilst these processes continue to take place, MISA-Zimbabwe notes that the arrest of Jacob Chisese, the chief executive officer of The Financial Gazette and Hama Saburi, the newspaper's acting editor in chief together with Raphael Khumalo, the chief executive of the Zimbabwe Independent last week signaled a continuation of selective prosecution of media personalities from the privately owned media as we have reported in previous sessions.

Further, the assault of photojournalist Tsvangirai Mukwazhi by Jocelyn Chiwenga the wife of the army commander General Constantine Chiwenga whilst going about his lawful duties was clear testimony of how those who yield the power can abuse it and still get away with it. Mukwazhi, a duly accredited photojournalist was again a victim in March when he was arrested and severely assaulted while in police custody and his equipment, including cameras and a laptop worthy thousands of US dollars smashed by the riot police. The police seized Mukwazhi's car.

Also arrested were freelance cameraperson James Jemwa, actors Sylvanos Mudzvova and Anthony Tongani who were arrested in Harare during the performance of a satirical play, Final Push, which depicts the country's seven-year socio-economic political crisis. The three who were arrested on 23 September 2007 were released without charges after spending two nights in custody at Harare Central Police Station.

In line with this Commission's Declaration on the Right to Freedom of Expression which states that self regulation is the best way to go, the media in Zimbabwe came together and launched the Media Council of Zimbabwe in June this year. It is hoped that the launch of the Media Council will pave the way for the disbandment of the state appointed Media and Information Commission.

MISA-Zimbabwe therefore call upon the Commission to urge the Government of Zimbabwe to honor and respect its pledges to the African Commission on Human and Peoples' Rights (ACHPR) and repeal repressive legislation and to facilitate the establishment of independent alternative media voices and to respect citizens rights to free speech and association.

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