PIRF October 2005 report

In a functional democracy citizens’ fundamental human rights are guaranteed under the country’s constitution and protected by a justiciable Bill of Rights. This should be the case in Zimbabwe. But the violations reported in this and previous PIRF reports clearly illustrate the extent to which the constitutionally guaranteed right to freedom of expression has been so badly subverted that the right can no longer be exercised at any meaningful level without the arbitrary beneficence of the authorities.

 

The jamming of the broadcasts of the radio station, Voice of the People, and reports that government has started monitoring Internet communications is clearly unjustifiable. Such actions serve no purpose other than to censor free expression without exception. Government’s determination to control the flow of information around – and out of -the country reached hysterical levels recently with its threat to prevent individuals considered to be a threat to the interests of the state from leaving the country.

 

This latest effort to gag the voice of Zimbabwe’s people removes any doubt that Zimbabwe has acquired the trappings of a totalitarian state. For example, according to Michael Kunczik, author of Communication and Social Change, one of the traits of totalitarian states is that they aim “at sealing off their dictatorial systems from the influence of the outside world by screening incoming information from abroad and by exercising domestic censorship so as to prevent the proliferation of information considered to be politically inopportune”.

 

This statement is an apt description of the direction Zimbabwe is taking as far as respect for freedom of expression, freedom of the media and human rights in general. The combined effect of repressive legislation like the Access to Information and Protection of Privacy Act (AIPPA), the Broadcasting Services Act (BSA), the Public Order and Security Act (POSA), the Criminal (Codification and Reform) Act, and the incessant threats targeted at freedom of expression and human rights defenders have combined to severely degrade Zimbabweans’ civil and political liberties. 

 

q The period under review, like September 2005, was characterized by few violations to freedom of expression. This could be attributed to the lull in political activity in the country. The trend in Zimbabwe has been that increases in violations of the right to freedom of expression and the associated rights to freedom of assembly and association normally coincide with political tensions at election time.

 

q October 2005 also saw a significant decrease in inter-party violations. For example, ZANU PF and MDC were responsible for one violation each compared to the high numbers, particularly for ZANU PF, during election periods. Suffice to note that the statistics do not necessarily reflect increased levels of tolerance for divergent views and opinions, but that there was nothing happening that demanded the contestation of ideas.

 

q It is also notable that the police, often the highest offenders in previous PIRF reports, were responsible for just one violation, which was however perpetrated against their usual target the MDC. But October also saw a worrying pattern characterized by the involvement of members of the armed forces in the assault of civilians on the basis of their political affiliation or for patronizing private newspapers such as the Zimbabwe Independent and The Standard. Such partisan and illegal activities by members of the armed forces are a threat to freedom of expression and the right to access information from the media of one’s choice.

 

q The most significant feature of the violations in the period under review was government’s determination to control information by whatever means necessary. The reported jamming of Voice of the People (VOP) broadcasts and reports that government had begun the process of monitoring and controlling the Internet in order to filter and eliminate information deemed anti-government demonstrated government’s cynical attitude to freedom of expression. These actions must be seen as part of the total onslaught by government to achieve total control over all recognizable channels of communication in the country.

 

q President Robert Mugabe’s threat against critics of government whom he accused of wrecking the country by calling and campaigning for sanctions and illegal pressures must also be seen as a threat to freedom of speech and the related rights to freedom expression and association. 

 

 

There were nine reported violations of the right to free expression; association and assembly remained, the same as those reported in September 2005. In statistical terms this was significantly lower than the monthly average for the first quarter of the year. In the period under review it was only the government and soldiers who were implicated more than once.

 

 

The government was implicated thrice for jamming of Radio Voice of the People and on reports that it has started monitoring and controlling the Internet, with the overall objective of filtering and eliminating information and material especially in electronic mail, which is deemed to be anti-government. The third violation by government was the warning or threat issued by President Mugabe against human rights defenders in violation of their right to freedom of speech and the rights to freedom of association and assembly.

 

The uniformed forces were found guilty on two incidents involving denying civilians their right to freedom of assembly and association.

It is also significant that there was very little in terms of inter-party violations of the right freedom of assembly and association except for the one incident in which MDC supporters disrupted a ZANU PF demonstration in Chitungwiza. A ZANU PF MP was responsible for threatening a Daily Mirror journalist.

 

In the period under review government’s cynicism of the role of the media continued to manifest itself in the policies that it is reported to be pursuing. On the one hand individuals linked to the Central Intelligence Organisation (CIO) took over control of the Zimbabwe Mirror Group of Newspapers, while on the other government apparently continues to harbour intentions or has begun the process of monitoring and controlling Internet communications, especially e-mail. These policies confirm government’s propensity towards a totalitarian police state as reflected in this “total onslaught” against the media. Below are the violations reported October:

October 4: DPA reported that the founder, chief executive and editor-in-chief of Zimbabwe's only remaining private daily, Ibbo Mandaza, had been suspended with immediate effect1. DPA quoted a statement by the Mirror group chairperson, Jonathan Kadzura as saying, “Dr. Mandaza is not and cannot be authorized to carry out any business in the name of, or on behalf of, the Zimbabwe Mirror Group of Newspapers.” TheZimbabwe Independentof October 7, which first broke the story of the CIO takeover at the paper, stated that Mandaza had reportedly offered to quit on December 31, 2005, but this had been rejected resulting in his suspension.

 

October 20: The Daily Mirror reported that Zaka West Member of Parliament, Mable Mawere threatened one of its journalists who was seeking her comment on allegations that she was reselling NetOne lines at exorbitant prices.2 She threatened the Daily Mirror reporter with unspecified action saying MPs were closely linked to the establishment. She was quoted as having warned that “… (MPs) possessed the power to make life extremely difficult for the Daily Mirror staffers if the story was published.”

 

October 21: The Zimbabwean reported that the government was jamming Zimbabwean independent radio station, Voice of the People’s one-hour news bulletins using “sophisticated” equipment purchased from China. The paper quoted an intelligence source confirming that VOP’s broadcasts were being jammed with the help of Chinese experts who were in the country to train CIO operatives on how to use the satellite equipment3.

October 23: The Sunday Mirror reported that the government had begun the process of monitoring and controlling the Internet with the overall objective of filtering and eliminating information and material, especially e-mail which it deemed to be anti-government. The paper cited sources in the telecommunications sector as saying the difficulties in accessing e-mails from international websites showed that it was “likely that mail is read before the owner of the inbox reads it. We don’t know who may be doing it in government, but someone is doing it.” However, the paper quoted Deputy Minister of Information and Publicity Bright Matonga denying the allegations as “baseless” and “unfounded” and refused to comment further saying, “I cannot comment on something that is yet to be there, which is being worked on”.

 

The violations listed above once again illustrate government’s persistence with its policy of dominating available public communication channels. As a result journalists operate in perpetual fear while media houses face the prospect of deregistration or are denied operating licenses as happened with The Daily News, The Daily News on Sunday, The Tribune and The Weekly Times.

 

The next step, as it appears, has been to infiltrate and dilute the ownership and editorial independence of private media enterprises in order to neutralize their autonomy. This strategy has also been reflected in the jamming of private radio stations and the concerted moves to snoop on and control Internet e-mail traffic.

 

 

The public’s right to freedom of assembly and association continues to face threats from legal and extra legal forces in the country. The violations catalogued below when read together with those listed above reflect a grim future in terms of freedom of expression in general.

September 30: News24 (SA) reported that President Mugabe had issued a warning to critics of his government who he alleged were trying to “wreck the country” saying "enough is enough"4 News 24 quoted him as saying, "Those who have been treasonously calling and campaigning for sanctions and illegal pressures against our country and people are now the most scared," adding “They would rather we let them free to exploit our democratic disposition so they can continue to wreck our country. Let them now be warned, enough is enough.”

October 6: The Financial Gazette reported that MDC legislator Gilbert Shoko and 16 others were arrested on October 5 in Harare while walking from Budiriro to work in protest against persistent fuel shortages. The Mail and Guardian (SA)and SW Radio Africa5 also carried the same report on October 6. According to SW Radio Africa Southerton police bundled the protesters into trucks. The station quoted Shoko’s lawyer Alex Muchadehama as saying the police alleged that the group had gathered “in circumstances which were conducive to riot, disorder, intolerance and disturbing the peace”. Muchadehama added that the police had said they would continue their investigation. The Zimbabwean of 14-20 October also carried the story but did not carry a police comment.

October 15: The Daily Mirror on Saturday reported that supporters of the opposition MDC had disrupted a demonstration the previous day against perennial water shortages and sewerage problems by ZANU PF supporters in Chitungwiza. According to the paper the MDC disrupted the demonstration by starting one of their own in which they denounced ZANU PF. The Daily Mirror on Saturdayquoted police spokesperson Assistant Commissioner Wayne Bvudzijena as saying a member of the MDC who was spotted throwing a stone was arrested.

 

October 17: SW Radio Africa reported that eight MDC youths were arrested in Budiriro 4 after clashes with armed soldiers on October 15. The Zimbabwe Independent also carried the story in its October 28 edition saying 15 of the residents who were victims of the violence signed affidavits to support their complaints and swore under oath that they had been beaten up by soldiers. SW Radio Africa also reported that soldiers and police officers who were given stands in the suburb several months ago were victimising opposition supporters in the area. The station added that people caught reading independent newspapers like the Standard and The Zimbabwean were also being targeted.

October 28: The Zimbabwe Independent reported that on October 26 war veterans and a uniformed soldier assaulted five field officers6 working with the Mass Public Opinion Institute while conducting research on democracy for Africa Barometer in Harare. The weekly paper quoted the civic organisation, Zimbabwe Lawyers for Human Rights (ZLHR), as saying the five were confronted, abducted and detained by self-styled war veterans who accused them of “acting against national interests” before beating them up in full view of the community. The paper added that three researchers were admitted to the Avenues Clinic for treatment before they were discharged, while the other two were hospitalised and detained overnight as they had sustained severe injuries.

 

The violations listed above illustrate a blatant disrespect by the authorities for the public’s constitutionally guaranteed rights to freedom of association and assembly. This is also demonstrated by the arrest of an MDC MP for walking into town in protest against the fuel shortages. The warning by President Mugabe poses a threat to the exercise of freedom of speech by human rights defenders who make submissions to various arms of the international community like the African Commission on Human and People’s Rights (ACHPR), EU-ACP Joint Parliamentary Assembly and various arms of the United Nations.

 

The violations attributed to government once again demonstrate its determination to tighten its stranglehold on all channels of communication in the country. Since 2000, government instituted repressive legislation such as AIPPA, the BSA and POSA targeted mainly at independent journalists and media houses. Government also literally privatized the public media into ruling party propaganda tools. Of late government appears to have undertaken a covert operation to infiltrate and dilute editorial independence in newsrooms of independent papers, jamming broadcasts by independent radio stations and taking steps to snoop on Internet communications.

 

 

The takeover of The Mirror Group of Newspapers by CIO-linked businesspersons is a good example of calculated suppression of freedom of expression. The Independent of October 10 carried an exclusive interview with former Mirror Group founding editor-in-chief and chief executive, Ibbo Mandaza conducted by Voice of America’s Studio 7. In the interview Mandaza admitted that reports in the Press about the covert CIO takeover of The Mirror Group were true and that he had known this since 2004. Mandaza said the purported board members involved in the takeover bid were all former CIO operatives adding that, “… it is clear that they report to CIO who are the principals … the Minister of State Security and director-general of the CIO”.

 

Mandaza was also quoted as saying he met State Security Minister Didymas Mutasa at the end of July 2005 and pleaded with him to leave the paper alone because, as Mandaza put it, open hostilities had developed to the extent that, “we had CIO functionaries actually stopping stories going into the newspaper for a period of one week”. Mandaza said he met Mutasa again in September 2005 and pleaded with him, whereupon Mutasa allegedly told him “it was odd for someone who had come through the party to make such complaints”.

 

If government orchestrated such an operation it certainly poses a serious threat to the editorial independence of the private media. It also shows government’s lack of commitment to the principles of the Windhoek Declaration that oblige member countries to allow for the “establishment, maintenance and fostering of an independent, pluralistic and free press” which is seen as essential to the development of democracy in a nation, and for economic development.

 

 

The reported jamming of Radio Voice of the People’s (VOP) broadcasts also demonstrates government’s cynical attitude to freedom of expression as shown by this unrelenting drive to clog all alternative sources of information by all and any means necessary. Another private radio station, SW Radio Africa met the same fate from the beginning of March 2005 – a few weeks before the general elections. The jamming of VOP broadcasts therefore demonstrates paranoia and singular determination to crush freedom of expression.

 

 

The move to monitor telecommunications by government reported in The Mirror (October 23) must be seen as part of its general blitz on the media, which seeks to erode whatever little remains of the public's constitutionally guaranteed right to freedom of expression without unjustified interference in their communications.

 

The position taken by government is a threat to freedom of expression and can cause self-censorship amongst Internet users. This constitutes a violation of the public’s right to exercise “freedom of opinion and expression; … through any media and regardless of frontiers” as guaranteed under Article 19 of the Universal Declaration of Human Rights.

 

This can also be taken as government’s unwritten policy of maintaining a siege on the media and free speech. Without access to a wide variety of sources of accurate and balanced information the public’s ability to make informed choices is severely curtailed. 

 

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