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World Press Freedom Day statement
MISA-Zimbabwe
May 03, 2012

This year's World Press Freedom Day commemorations mark a significant milestone for the Media Institute of Southern Africa (MISA) as they coincide with the organisation's 20th anniversary.

Of equal significance is the fact that the commemorations come on the backdrop of last year's 20th anniversary of the 1991 Windhoek Declaration from which MISA, and inherently MISA-Zimbabwe, derives its brief and mandate as a freedom of expression advocacy and lobby group.

These two historical milestones offer immense opportunity to SADC governments and Zimbabwe in particular, to reflect and take stock on how far the region has gone in fulfilling the obligations of the Windhoek Declaration.

The Declaration encourages member states to allow for the emergence of an environment that fosters the establishment and maintenance of an independent, pluralistic and free press, which is essential to the realisation of democracy and economic growth.

Sadly for Zimbabwe, the seven-year ban on The Daily News and The Daily News on Sunday (prior to resumption of publication in 2011) and the holdup in liberating the airwaves, spoke volumes about the government's commitment to the Declaration and let alone, the African Charter on Broadcasting.

MISA-Zimbabwe is nevertheless encouraged by the opening of the print media sector, which saw the licensing of more than 30 publications. However, the country's legislative framework remains a threat to the sustainability of the very same publications.

We also witnessed the licensing of two commercial national radio stations in November 2011. However, the controversy surrounding the licensing authority, the licensing process and the licensees, engender doubts on whether the development would enhance access to alternative view points for the majority of Zimbabweans who rely on radio for information.

While there has been a decline in the number of arrests and harassment of journalists following the inauguration of the coalition government, there is no guarantee that the situation will continue as long as the repressive laws remain in place and could be used as and when those in office are subjected to robust media scrutiny.

Our theme: Media Freedom Now or Never - 20 Years in Defence of Media Freedom, was deliberately coined mindful of the ongoing constitution making process and the fact that Zimbabwe does not have constitutional provisions that guarantee media freedom and citizens' right to access to information.

It is against this background that journalists and citizens continue to be harassed and arrested under undemocratic legislation such as AIPPA and the Criminal Law (Codification and Reform) Act, among others.

For instance, during the period between November 2011 to date, six cases of media violations were reported. In four of the six cases journalists were charged under Criminal Law (Codification and Reform) Act. Of the four, three were specifically charged with criminal defamation.

The cases involved charges against Standard journalists Nqaba Matshazi and editor Nevanji Madanhire, The Daily News editor Stanley Gama and journalist Xolisani Ncube.

Criminal defamation has become the weapon of choice against media freedom and freedom of expression. This is despite spirited calls by the African Commission on Human and Peoples Rights' Special Rapporteur on Freedom of Expression and Access to Information, Advocate Pansy Tlakula, for the repeal of all criminal defamation laws and provisions which are antithetical to a democratic media space.

In celebrating our 20-years in defence of freedom of expression and media freedom, we hereby reiterate and reaffirm our commitment to the ideals, principles and visions of MISA as espoused in terms of the Windhoek Declaration, African Charter on Broadcasting and the Banjul Declaration on the Principles of Freedom of Expression in Africa.

On its part the government should fully comply with these instruments and as a matter of urgency:

  • license more independent players in the broadcasting field and transform ZBC into a true public service broadcaster
  • institute fundamental media law reforms and comply with the African Commission's recommendations to amend some provisions of AIPPA
  • present before parliament the much talked about Freedom of Information Bill
  • ensure that there are explicit constitutional provisions that guarantee the right to freedom of information and press freedom

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