MMPZ's Recommendations to the African Commission on Human and People's Rights (ACHPR)

MMPZ’s Fadzai December made the following statement on the occasion of the 48th Ordinary Session of the African Commission on Human and People’s Rights in Banjul, The Gambia – November 17, 2010:MMPZ regrets to inform the commission that there has not been any significant change in Zimbabwe’s restricted media landscape since the 47th session of this Commission. This is in spite of the existence of a very troubled coalition government in Zimbabwe whose reform agenda has been stifled by infighting and bickering by the principals of the Global Political Agreement (GPA).
While the Zimbabwe Media Commission (ZMC) has finally moved to register six new independent newspapers, among them four dailies, thereby bringing to an end the seven-year state-controlled Zimpapers’ monopoly of the daily print media market, Zimbabweans’ constitutional rights to free expression remain dependent upon, and impeded by the whims of a government institution and a plethora of repressive media laws that will hinder the rights of Zimbabweans to freely access information. Such excessive and bureaucratic controls over the activities of the media are completely unwarranted in a democratic society and violate the provisions of African and even SADC protocols on the principles of freedom of expression.
The government-controlled daily newspapers remain partisan in their coverage, spewing constant criticism of civil society and ZANU-PF’s partners in government – and, at any rate, have circulation limited to the country’s main cities, and prices too high for most people.
Furthermore, the dominant state-controlled public broadcaster continues to provide a distorted and biased news service, particularly against the MDC-T party, despite them being equal partners in the coalition government. Besides the existence of the restrictive Broadcasting Services Act and the unilateral and irregular appointment of the board members of the Broadcasting Authority of Zimbabwe (BAZ), a body responsible for regulating the airwaves, there has not been any progress in the broadcasting sector. No independent domestic radio and television broadcasters have yet been granted licences to operate. Consequently, the Zimbabwean community, particularly those living in marginalised areas, lack access to adequate and credible information.
Since the last session, journalists continue to be harassed, arrested and prosecuted under the country’s repressive media laws. In short, Madam Chair, journalism in Zimbabwe still remains a dangerous and risky occupation inviting criminal prosecution except for those working for the state media that is still exclusively controlled by one of the parties to Zimbabwe’s coalition government.

Freedom of expression (and the right to be informed) are basic human rights that still continue to be severely curtailed in our country because the authorities in control of media activity and legal affairs in Zimbabwe lack the political will to implement the recommendations of this Commission, let alone the reforms promised in the Global Political Agreement between the country’s main political parties.
In conclusion Madam Chair, we recommend that:
1. The Commission urges the coalition government to remove the restrictive provisions of the Broadcasting Services Act and to establish, as a matter of urgency, a new independent, representative Broadcasting Authority responsible for the issuing of broadcasting licences to regulate the airwaves fairly and without political interference.
2. The Commission urges the complete reform of the public service broadcaster and its re-establishment under an independent, representative body that will safeguard its editorial independence and ensure that it fulfils its public mandate to report events accurately and impartially and reflect fairly the opinions of all sections of Zimbabwean society.
3. The Commission condemns in the strongest terms the ongoing abuse of the public media by the present authorities;
4. The Commission urges the coalition government to implement the Commission’s June 4th, 2009 ruling repealing two sections of AIPPA and the recommendations of this Commission’s 2002 fact-finding mission to Zimbabwe with the utmost urgency.
5. Specifically, that the Commission recommends the repeal of AIPPA in its entirety and those sections of the Public Order and Security Act and the Criminal Law Codification and Reform Act that unreasonably constrain freedom of expression, association and assembly. The commission urges the Zimbabwean government to ratify the African Court on Human and Peoples Rights.

*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 People’s Rights.