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Media freedom remains on the agenda
Hilton Zvidzayi, Media Alliance of Zimbabwe
October 16, 2008

The media in Zimbabwe remains severely grieved by the country's media operational environment that continues to deprive citizens of their constitutionally guaranteed right to freedom of expression and also dispossesses the media's professional outlook.

This sad media scenario has prompted media stakeholders under the auspices of the Media Alliance of Zimbabwe to hold an all-stakeholders National Media Law and Policy Reform Conference to be held during the first week of November.

The conference is aimed at bringing together a broad base of ideas from all sectors of Zimbabwe who will chart a way forward on media freedom and freedom of expression in light of the current sorry state of our media.

Media have a critical role to discharge in a transitional phase such as the one that Zimbabwe is currently going through after the signing of the power sharing deal between Zanu PF and the two MDC formations. Zimbabweans have been anticipating the birth of a new democratic dispensation liberal to diverse opinion, free expression and tolerance, and one that recognises the universality of human rights.

On the contrary, the state media have not shown any form of appreciation of the spirit of the political agreement between the country's political actors. Contrary to Article 19 (d) of the power sharing agreement that advocates for "fair coverage to all political parties for their legitimate political activities", The Herald and crew continue to split the country on grounds of political ideologies that sustain the hostilities between the political rivals.

State media have denied coverage to activities involving the Prime Minister-designate and his deputies since the signing of the deal. The MDC formations have been short-changed as coverage has been the sole right for President Mugabe and Zanu PF despite Morgan Tsvangirai holding a political rally last weekend and interfacing with the electorate in Harare's city centre during the past few weeks. These sure are legitimate activities by the Prime Minister designate that are worth mentioning in the public media - at least to any objective, professional journalists who take pride of their profession.

The conference is ideally crafted to portray a democracy that acknowledges independent, free and pluralistic media that can successfully fulfil their mandate in democratic processes that inform national reconstruction and healing.

Zimbabwe current state of journalism, informed by the laws and policies in place, is in no way positioned to push the agenda of national healing, reconciliation and democracy.

The peace building, reconciliation role of the media requires professional, accountable, objective and balanced journalism that cultivates and promotes political stability as opposed to journalism that divides the nation along political lines.

Stop gap measures such as article 19 of the agreement and several hollow amendments to AIPPA, POSA and BSA will not democratise the media nor benefit any stakeholders. The only democratic stable solution to the current media woes is only an explicit constitutional provision that indisputably guarantees media freedom. This will assure the journalists of security that the media will be firmly anchored and positioned to undertake its ethical and responsible obligations of informing the citizenry without fear of falling foul of AIPPA, POSA, BSA and the Interception of Communications Act (ICA) and any other laws intended to suppress media freedom and freedom of expression, association and assembly.

An explicit constitutional guarantee of Freedom of the Media, which is the norm in other African democracies such as South Africa, Zambia and Namibia, will include protection of freedom of expression, media freedom, diversity, pluralism and access to information. The plague of repressive and retrogressive media laws such as AIPPA, BSA, POSA and ICA will be null and void as they do not hold a place in any democracy governed by the spirit of constitutionalism.

Despite assurances to the 41st Session of the African Commission on Human and Peoples Rights by the Zimbabwe government to amend AIPPA and other repressive laws to comply with the Declaration on the Principles of Freedom of Expression, the laws are still effective and still as repressive. The cosmetic amendments to media laws by parties involved in the political negotiations passed in January are not anywhere close to the expectations of the people as espoused in the People's Charter where freedom of expression and access to information are labeled as key to the country's movement towards a true democracy.

The December amendments to AIPPA, POSA and BSA focus on minor administrative issues that do not address the fundamentals of basic freedoms such as the right to freedom of expression and media freedom. One is puzzled with the pride of achievement and cooperation that engulfed Zanu PF and MDC after undemocratically fast tracking the amendments through parliament.

Now that parliament has resumed sitting, it is imperative that honourable members of the august house focus debate on issues of media freedom and freedom of expression and their accompanying rights on the agenda. The people's hope for democracy need to be rekindled by articulating relevant issues of basic human rights in parliament. The professional face of the media fraternity characterised by ethics, responsibility, accountability and objectivity needs to be re-established through sound policies from the august house.

*This is the first part of a continuing article on Media Law and Policy Reform in Zimbabwe, building up to the National Conference. Part 2 will dwell on public media and its role in a transitional phase into democracy and the professionalisation of the media fraternity as Zimbabwe moves forward.

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