Statement by the Media Institute of Southern Africa (MISA) on the Occasion of the 38^th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR), Banjul, Gambia

21^st November to 5^th December 2005

Chairperson,

Chairperson, honourable commissioners and distinguished participants, we thank you for the time that we have been given to address this august house on the exercise of the right to freedom of expression in Zimbabwe.

Rarely are the words “Zimbabwe” and “crisis” mentioned apart these days. Zimbabwe is in a crisis and freedom of expression remains under siege. MISA-Zimbabwe has always maintained that the Access to Information and Protection of Privacy Act (AIPPA) is a repressive piece of legislation that was enacted primarily to undermine the right to freedom of expression and stifle the exchange of ideas and information by people in Zimbabwe. AIPPA, together with the Public Order and Security Act (POSA), the Broadcasting Services Act (BSA), and the Miscellaneous Offences Act (MOA) form an axis of repression in Zimbabwe, assaulting the epicentre of freedom of expression.

Chairperson, it is unbelievable that for a country such as Zimbabwe which is still celebrating its silver jubilee, we only have one broadcaster, the public broadcaster. There are lots of interested players but the Broadcasting Authority of Zimbabwe (BAZ), vested with the authority to issue licences has failed to issue one single licence ever since its formation six years ago. The BSA, promulgated in bad faith, sets a too rigorous test as no private players have been granted operating licences as all the applications for local and national commercial radio stations and commercial television services are said to have failed to meet a criteria set in terms of that Act. Munhumutapa African Broadcasting Corporation was in September this year denied an operating licence.

We are glad to note though that this issue has captured the attention of our parliament as it is expected that BAZ would soon be summoned to appear before a parliamentary committee to explain why it has not invited applications for community radio stations six years after the enabling legislation came into force.

Harrassment of Journalists

Chairperson, we are worried that the State continues to harass journalists for simply doing their job. At least 40 Associated Newspapers of Zimbabwe journalists were expected to stand trial this year. Taking into account the number of journalists in Zimbabwe, such statistics are shocking and have a chilling effect on the practise of journalism.

The Public Order and Security Act (POSA) will be tightened by increasing the penalty fees against journalists convicted for publishing statements that undermine the authority of, or insulting the President. This is contained in the General Laws Amendment Bill which seeks to amend several other Acts including the amendment of 22 sections of POSA. The proposed amendments seek to increase the fine imposed under Section 16 of POSA which deals with undermining the authority of the President by a shocking 10 000% from Z$20 000 to Z$2 million or one year imprisonment or both such fine and imprisonment.

Involvement of CIO in newspapers

Chairperson, we were shocked recently by the news that the Zimbabwean State Security Agents, the Central Intelligence Organisation (CIO) infiltrated the Zimbabwe Mirror Newspapers Group. State security agents have no business in the media and should leave the running of media houses in the capable hands of media practitioners and concentrate on their role of providing state security.

I thank you.