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MISA Statement to the 45th Ordinary Session of the (ACHPR): 13-27 May 2009, Banjul, the Gambia
MISA-Zimbabwe
May 17, 2009

Presented, Sunday, 17 May 2009 by MISA-Zimbabwe Senior Programmes Officer Nyasha Nyakunu

Madam Chairperson, Honorable Commissioners, Distinguished Ladies and Gentlemen.

The Media Institute of Southern Africa (MISA), a regional media and free expression advocacy organisation operating in 11 Southern African countries with co-operating partners throughout Africa and internationally, takes this time to thank the African Commission on Human and Peoples Rights (ACHPR) for affording us the time to, once again, speak on the media and freedom of expression environment in Southern Africa.

As MISA we would also like to take this opportunity to extend our congratulations to the people of South Africa as well as its Chief Elections Officer, Advocate Pansy Tlakula who is also the Commission's Special Rapportuer on Freedom of Expression and Access to Information in Africa, for successfully conducting the free and fair elections that saw the ruling African National Congress (ANC) coming back into office. We hope that the mandate given to the ANC can be used to promote the interests of the media especially through addressing the numerous challenges facing the South African Broadcasting Corporation (SABC) including threats by certain sections of the political leadership to impose statutory media regulation in South Africa.

It is our hope that the coming elections in Namibia, Botswana, Malawi and Mozambique will be conducted in a free and fair manner and more so that media and freedom of expression rights are respected. These rights are fundamental to any democratic political process.

Madam Chairperson, we are encouraged by developments in Zimbabwe where a new inclusive government has promised to look into repressive media laws, namely the Access to Information and Protection of Privacy Act (AIPPA), the Broadcasting Services Act and numerous other laws that still impede on the operations of the media. We, however, express concern that despite these promises the state is still harassing journalists, detaining one, photojournalist Andrisson Manyere, for months in unhealthy conditions and under unclear charges. Manyere was hospitalised after falling ill while in custody. He has alleged in interviews conducted with him that he was tortured, denied health care and food. Other recent cases involve editor Brezhnev Malaba and reporter Nduduzo Tshuma, both of The Chronicle who was charged together with his reporter with criminal defamation; the arrest of Vincent Kahiya and Constantine Chimakure, the editor and news editor of The Zimbabwe Independent respectively.

Freedom of Expression through marches, demonstrations and picketing is still restricted and suppressed in terms of the existing legislation such as the Public Order and Security Act (POSA). MISA, therefore, appeals to the African Commission to encourage the Zimbabwean government to stick to the spirit and letter of opening the media and freedom of expression environment as envisaged and captured under the political agreement signed by the three main political parties.

We would also like to bring the Commission's attention to the continued harassment of the media in Tanzania where Saed Kubenea was attacked with acid in 2008 and the newspaper he edits, Mwanahalisi, closed months later in 2008. The state is yet to bring to book those who attacked Kubenea. The newspaper still faces threats from a cabal of well connected businesspeople and senior politicians.

Mwanahalisi exposed serious corruption in Tanzania that led to the resignations of the Prime Minister, several Ministers and senior government officials. We believe the newspaper is being punished for these exposes.

We also bring to your attention legislative developments in Botswana where a new law; the Media Practitioners Act was enacted. This law is very much like the Zimbabwean AIPPA, as it requires the media to be registered and journalists are subjected to the control of a state appointed media commission.

MISA believes that this law is anathema to media and freedom of expression rights in Botswana. We are also concerned about certain sections of the proposed Communications Bill in Namibia, specifically the interception of personal communication which remains undefined in terms of its intentions, limits, checks and balances. We are happy that the Namibian government has been willing to meet stakeholders on these issues of concern.

MISA is happy that the new Zambian government under President Rupiah Banda has promised to address outstanding media reforms that have been on the table for more than three years. These laws will significantly improve the media environment in Zambia and serve as best practices to other countries in the region and Africa.

However, in Swaziland, The Monarchy continues to exert pressure on its citizens; meetings, marches and any fora of popular free expression are banned. Recently a private newspaper had to suspend a critical column by an independent writer after receiving threats from the King's Palace. The Independent writer now lives in fear as the King's Palace and traditional authorities have threatened to have his family, cattle and land taken away.

Madam Chairperson, MISA urges the Commission to take urgent steps to address the situation in Swaziland.

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