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MISA-Zimbabwe statement on the constitution making process
MISA-Zimbabwe
June 26, 2009

The National Governing Council of MISA Zimbabwe after considering the constitutional reform process as outlined in Article 6 of the Global Political Agreement, fully aware of the latest developments around the same issue as led by the now established Parliamentary Select Committee on Constitutional Reform has resolved the following;

1. That the process outlined in Article 6 of the Global Political Agreement, and the processes attendant thereto thus far remain inadequate for the establishment of a democratic people driven constitution as articulated in Section 3 of the Zimbabwe Peoples Charter.

2. That the court cases against journalists such as the editor and deputy news editor of the Zimbabwe Independent are reflective of a fundamentally repressive political environment that is against the free and democratic functioning of the media. Such a repressive environment can only serve to undermine freedom of expression in the constitutional reform process.

3. That the lack of access to information and the continued retention of repressive laws especially those such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act, the Criminal Law (Codification and Reform) Act, the Broadcasting Services Act and the ZBC Commercialisation Act inhibit the right of citizens to freely express themselves on the nationally important issue of constitutional reform.

4. That the continued monopoly of the airwaves by the Zimbabwe Broadcasting Holdings as well as the undemocratic manner it has continued to broadcast events in the country undermines the right of the people of Zimbabwe to fully participate as well as know about processes of constitutional reform in Zimbabwe.

5. That the failure by the inclusive government to urgently allow more private newspapers and alternative radio/television stations to operate in the country severely limits the citizens right to access to information and the diversity of views/opinions.

6. That the insistence by the President of Zimbabwe on the Kariba-authored draft constitution being the central document around which public consultations must take place is patently undemocratic to a process that should be as participatory and transparent as far as is possible.

MISA Zimbabwe therefore urges the inclusive government, the Parliamentary Select Committee and the three political parties, Zanu PF, MDC-T and MDC-M that are signatories to the Global Political Agreement to:

• ensure that the constitutional reform process is inclusive and participatory
• repeal AIPPA, POSA and BSA to allow citizens to freely express themselves where it concerns the constitutional making process in a free and open environment
• free the airwaves by calling for applications for licenses for private radio and television stations
• take serious steps towards the transformation of the state-controlled ZBH into a truly independent public broadcaster that serves the public interest through diverse opinions, comments and ideas
• condemn and curb the arrests, harassment and threats against journalists conducting their lawful professional duties.

Visit the MISA-Zimbabwe fact sheet

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