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No change in restrictive media landscape in Zim since last ACHPR session in May 2008
Buhlebenkosi Moyo, Media Monitoring Project Zimbabwe (MMPZ)
November 13, 2008

Madam Chairperson and Commissioners, MMPZ is disappointed that Zimbabwe's restricted media landscape has remained unchanged since the last session in Swaziland despite this Commission's long-standing recommendations to the Government of Zimbabwe to ensure that its citizens are not restricted in their enjoyment of their constitutionally guaranteed rights to freedom of expression.

Despite the fact that Article 19 of the power-sharing agreement signed in September by Zimbabwe's major political parties acknowledges the need for a free and diverse media environment, it remains silent on repealing repressive media laws, such as the notorious Access to Information and Protection of Privacy Act (AIPPA), which continue to be selectively applied against dissenting voices.

The clause also actually promotes the restriction of media diversity by recommending that local radio broadcasters operating from abroad stop their activities and be repatriated while the draconian laws that led to the creation of these 'exiled' stations remain in place.

While Article 19 acknowledges that the Broadcasting Authority of Zimbabwe should register new broadcasters, it gives no deadline for when this should happen nor suggests how this can be achieved under the present restrictive media laws governing broadcasting.

Furthermore, The Daily News and its sister Sunday paper, which served as important alternative sources of information for Zimbabweans and were clearly the country's most popular newspapers, remain banned from operating to this day.

In addition to severely restricting local media practice, Madam Chairperson, the authorities also continue to block access to foreign media seeking to cover the Zimbabwean story, especially those they deem to be hostile, such as the BBC, CNN and E-TV, thus depriving Zimbabweans of a wide selection of sources of information.

Journalists also continue to be harassed, arrested and prosecuted under the country's repressive media laws, and the government-appointed Media Commission that approves those who practice journalism continues to operate despite the fact that it is no longer legally constituted.

In short, Madam Chair, journalism in Zimbabwe remains a dangerous and risky occupation inviting criminal prosecution except for the privileged few.

Such an environment has given rise to a media "wasteland" overwhelmingly dominated by government-controlled propaganda outlets. For example, there is no independent alternative source of information to the government's two daily newspapers.

MMPZ notes with singular concern that these papers (those given to the people of Zimbabwe by the Nigerian government at Zimbabwe's independence) continue to be used as messengers of hate language, particularly against the political opposition, even at this time when the country anxiously awaits the conclusion of inter-party talks that are supposed to usher in a new, cooperative era of government.

Madam Chair, freedom of expression (and the right to be informed) are basic human rights that continue to be severely curtailed in our country because the authorities lack the political will to implement the recommendations of this Commission.

As we speak, ordinary citizens continue to be excluded from providing any input into negotiations to form a new government, and because of the restrictive media environment, they have been unable to express their opinions freely about the course of events unfolding in our country that, no doubt, will have profound effects on our destiny.

MMPZ urges the Commission to impress upon the prevailing authorities of the need to respect internationally accepted human rights standards, especially those governing freedom of expression. For without true media reform in Zimbabwe - and particularly one that leads to an end to the abuse of the media under government's control - there can be no chance that Zimbabweans' most fervent hope for a fair, just and compassionate society under a government of national unity will ever be fulfilled.

In conclusion Madam Chair, we recommend that:

  1. The Commission condemns in the strongest terms the ongoing abuse of the public media by the present authorities;
  2. The Commission urges any new government emerging from the present negotiations to implement the recommendations of this Commission's 2002 fact-finding mission to Zimbabwe with the utmost urgency.
  3. The Commission recommends that the new government wholeheartedly embrace the spirit of the power-sharing agreement that envisages a free and diverse media environment by abolishing all those laws abridging freedom of expression and the right to be informed.
  4. Specifically, the Commission recommends the repeal of AIPPA in its entirety and those sections of the Public Order and Security Act that unreasonably constrain freedom of association and assembly.
  5. The Commission urges the new government to remove the restrictive provisions of the Broadcasting Services Act and to establish, as a matter of urgency, an independent, representative Broadcasting Authority responsible for the issuing of broadcasting licences to regulate the airwaves fairly and without political interference.
  6. The Commission urges the complete reform of the public service broadcaster and its re-establishment under an independent, representative body that will safeguard its editorial independence and ensure that it fulfills its public mandate to report events accurately and impartially and reflect fairly the opinions of all sections of Zimbabwean society.

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