MMPZ’s address to the 54th session of the African Commission on Human and Peoples’ Rights, Gambia

Defending free expression and the right to know

 

Media Monitoring Project Zimbabwe Statement on the Occasion of the 54^th Ordinary Session of the African Commission on Human and Peoples’ Rights, Banjul, The Gambia – 22 October to 5^th November 2013

Presented by Faith Ndlovu

Ladies and Gentlemen, all protocols observed

Madam Chairperson, as an organisation that works to promote media freedom, freedom of expression and access to information, MMPZ is encouraged by and commends moves by the new Zimbabwean government, through the Ministry of Information, Media and Broadcasting Services, to engage media stakeholders in the country. We believe this rapport is a necessary foundation for addressing and promoting media freedom and related issues and challenges in the country.

It is our hope that the Government of Zimbabwe will maintain the spirit of inclusivity and continue to make progress in the implementation of reforms initiated under the framework of the country’s new Constitution, which now guarantees media freedom and citizens’ rights to access information.

We therefore encourage the government to implement all the necessary legislative amendments to ensure that laws affecting media activity in the country conform with the country’s new Constitution and other regional and international instruments to which Zimbabwe is a signatory, such as the African Charter on Human and Peoples’ Rights, the Banjul Declaration on the Principles of Freedom of Expression in Africa, the African Charter on Broadcasting, and the Universal Declaration of Human Rights.

For example, legislation, such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act, the Broadcasting Services Act, the Criminal Law (Codification and Reform) Act, and the Interception of Communications Act constitute the main body of legislation that urgently require amendment or repeal in order for these laws to comply with Zimbabwe’s newly adopted Constitution.

MMPZ is particularly concerned that no priority was given to the realignment of these media laws in the new Parliament’s legislative agenda as presented by the President on September 17^th.

Without such amendments to these restrictive laws the liberalisation of the airwaves will not be possible. Ordinary Zimbabweans, especially the vast majority living in marginalised communities beyond the reach of newspapers, still have extremely limited access to adequate sources of information. In a country where the average person survives on less than $2 a day, newspapers, in addition to their limited reach, are clearly a luxury for most of our citizens.

Independent radio and television stations and community broadcasters, so necessary to the healthy development of any democracy, have yet to be licensed, while the two commercial radio stations that have been licensed have yet to attain national coverage.

As a result, Zimbabweans still await the institutionalisation of a genuinely free, diverse and pluralistic media environment for the realisation of the constitutional guarantees of media freedom, freedom of expression and access to information.

In conclusion, MMPZ recommends that the Commission:

• Urges the Government of Zimbabwe to ensure that existing media laws, such as AIPPA, POSA, BSA, CLCRA, and the Interception of Communications Act are repealed or amended to align them with the provisions of Zimbabwe’s new Constitution.
• Urges the reform of the broadcasting sector to promote the establishment of diverse, public, private and community broadcasting.
• Encourages the complete transformation of the state broadcaster into a public service broadcaster that is editorially independent and accountable to the public in accordance with the provisions of the ACHPR’s own ‘Declaration of Principles of Freedom of Expression in Africa’.
• Urges the streamlining of Zimbabwe’s regulatory bodies, to make them independent and that the country recognises self-regulatory mechanisms established by the country’s media community.

Thank you

*MMPZ is an independent trust that seeks to promote the ideals of freedom of expression and responsible journalistic practice in Zimbabwe. It holds official observer status at the African Commission for Human and Peoples’ Rights.