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MISA-Zimbabwe
complains to African Humans Rights body
MISA-Zimbabwe
May 20, 2008
The communication
on Capital Radio, filed jointly by MISA-Zimbabwe, Article 19, and
Institute for Human Rights and Development in Africa, together with
two proprietors of Capital Radio, Gerry Jackson and Michael Auret
Jnr, challenges various sections of the Broadcasting
Services Act as being inconsistent with the African Charter
on Human Rights. Capital Radio, an aspiring commercial radio station
in Zimbabwe was violently shut down by the Zimbabwe government and
had its equipment confiscated by the police in 2000. The station
had begun operating after successfully challenging the broadcast
monopoly of the state owned Zimbabwe Broadcasting Corporation (ZBC)
in 2000. In pleading for the speedy conclusion of this matter, MISA-Zimbabwe
argued that the matter is taking too long to be heard. "For
the record, we lodged this communication in August 2005.
The ACHPR agreed to be
seized with the matter at its 37th ordinary session which was held
in Dakar, Senegal in November 2005. We filed our Admissibility Brief
in March 2006 and the respondent state made its submissions in reply
in September 2006," submitted MISA-Zimbabwe Legal Officer Wilbert
Mandinde who attended the ACHPR 43rd session in Ezulwini, Swaziland.
MISA Zimbabwe further
submitted that at the 40th Ordinary Session, the Government of Zimbabwe,
which is the respondent in the matter, had requested for an adjournment
after it realized that its submissions addressed the issue of merits
and not admissibility.
During the 42nd Session
in Congo-Brazzaville, there was a written undertaking by the respondent
state to file the necessary submissions in terms of the ACHPR rules
of procedure.
"We note with concern
the fact that to date, the respondent state has failed, refused
or neglected to file these submissions," complained MISA-Zimbabwe.
"We verily believe that justice delayed is justice denied.
In the circumstances, we feel the failure by the respondent state
to file correct papers is an attempt to frustrate proceedings before
this commission. This cannot be condoned."
MISA-Zimbabwe requested
the Commission to immediately proceed to declare the matter admissible
during this session. The Zimbabwe government, however, pleaded with
the Commission to be given one last chance to file the submissions
arguing that they had failed to work on the Communication as they
were busy working on the harmonized elections.
Meanwhile the
ACHPR has come up with a decision on another matter filed by MISA-Zimbabwe,
the Independent Journalists Association of Zimbabwe (IJAZ) and the
Zimbabwe Lawyers
for Human Rights (ZLHR). The decision can however only be publicized
once it has been adopted by the African Union Heads of State Summit.
In this matter,
the applicants had requested the Commission to make a finding that
various provisions of the repressive Access
to Information and Protection of Privacy Act (AIPPA) are inconsistent
with Article 9 of the African Charter.
And in yet another matter,
Dzimbabwe Chimbga of the Zimbabwe Lawyers for Human Rights (ZLHR)
complained to the Commission over the failure by the Zimbabwean
government to comply with provisional measures issued by the Commission
to the effect that the government should hand back to the owners
of Associated Newspapers of Zimbabwe (ANZ), publishers of the banned
Daily News and Daily News on Sunday, the equipment the police confiscated
when they closed the Daily News in 2003.
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the MISA-Zimbabwe fact
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