ACTION ALERT: ZIMBABWE

ACTION ALERT: ZIMBABWE

Since 2000, media and security legislation has been passed that seeks to
regulate the Zimbabwean media through government-controlled regulatory
bodies. In addition to the Access to Information and Protection of Privacy
Act, the Broadcasting Services Act of 2001 imposes strict controls over
independent broadcasters. The Public Order and Security Act 2002 imposes
editorial control on the media and limits freedom of expression and assembly
in ways that are inconsistent with democratic norms, and violates
international norms and standards. These Acts add to various existing laws
ranging from official secrets laws that prevent investigative journalism
through criminal stringent defamation and sedition laws that tend to protect
the reputations of public figures at the expense of accountability.

The ?Access to Information and Protection of Privacy bill 2001? is an
infringement of a clause in the Zimbabwe constitution that protects freedom
of information and press freedom of journalists and the media in Zimbabwe.
This Bill requires all bodies, which disseminate mass media products to
obtain a certification of registration. The certificate of registration must
be obtained from the Media and Information Commission, and renewed every two
years.

The Bill also requires journalists to obtain accreditation and prohibits
mass media outlets from employing anyone as a journalist who is not
accredited The Media and Information Commission is responsible for
overseeing the process of accreditation. Foreign mass media may set up
representative offices only with the permission of the Minister but only
locally accredited journalists may work as foreign correspondents. The
Commission has broad powers to discipline journalists, including to
terminate or suspend accreditation, to impose fines.

The composition of the commission explicitly excludes women. Apart from
overseeing the accreditation process, the commission has the responsibility
of guiding ethical news gathering, reporting processes and to develop a code
of conduct for media practitioners. The exclusion of women from the
composition of the commission seems to point to a very deliberate form of
segregation on the ground of sex and further reinforces the patriarchal
structures, which make women in Zimbabwe invisible. Due to the limited
access to expression and decision-making in and through the media their
portrayal and representation continue to be discriminatory.

International bodies and courts have made it clear that freedom of
expression and information is one of the most important human rights

The inclusion of a specific section (Section J) relating to women and the
media in the Beijing platform for Action, as one of the critical areas of
concern, implies recognition by the community of nations of the important
role the media plays in reinforcing/changing peoples? attitudes. It also
encourages policy development relating to women?s representation within and
by the media through increasing their opportunities in decision-making. The
section urges governments and other actors to promote an active and visible
policy of mainstreaming a gender perspective in policies and programmes. It
also urges states to aim at gender balance in the appointment of women and
men to all advisory, management, regulatory or monitoring bodies including
those connected to the private and state or public media.

In 1946 the United Nations General Assembly adopted Resolution 59(I) which
states:

Freedom of information is a fundamental human right and ... the touch-stone
of all the freedoms to which the United Nations is consecrated.

As this resolution notes, freedom of expression is both fundamentally
important in its own right and also key to the fulfilment of all other
rights. It is only in societies where the free flow of information and ideas
is permitted that democracy can flourish. In addition, freedom of expression
is essential if violations of human rights are to be exposed and challenged.

The importance of freedom of expression in a democracy has also been
stressed by the African Commission on Human and People?s Rights, which, has
held that:

Freedom of expression is a basic human right, vital to an individual?s
personal development, his political consciousness, and participation in the
conduct of public affairs in his country.
These statements emphasise that freedom of expression is both a fundamental
human right and also key to democracy.

The African Women?s Development and Communication Network (FEMNET) joins the
Zimbabwe Women?s Resource Centre and Network (ZWRCN), Article 19, Media
Institute of Southern Africa (MISA) and other concerned actors in condemning
the abuse of human rights and press freedom in Zimbabwe and challenging the
composition of the media and information commission. FEMNET urges the
government of Zimbabwe to respect article 19 of the Universal Declaration of
Human Rights which, guarantees the right to freedom of expression and
information;
-the International Covenant on Civil and Political Rights a legally binding
treaty which Zimbabwe ratified in 1991;
-the Beijing Platform for Action which urges promotion of an active policy
of mainstreaming a gender perspective in policies and programmes;
-the African Charter on Human and Peoples? Rights, which guarantees freedom
of expression at Article 9.

We call on the government to allow the public media to enjoy editorial
independence and for journalists working in that sector to enjoy
professional independence.

We urge the government to initiate a process of a full review of the
Broadcasting Services Act of 2001 with a view to formulating a new bill that
is consistent with Section 20 of the constitution and create a policy and
legislative environment conducive to the growth and development of a free,
pluralistic and diverse broadcasting sector.

FEMNET urges Non Governmental Organisations to:
· write to the Zimbabwean government and condemn the imposition of strict
controls on media and limits to freedom of expression;
· express solidarity with Zimbabwean women especially peace and human
rights activists in the country ;
· support the Zimbabwe Women?s Resource Centre and Network (ZWRCN) in their
attempt to challenge the composition of the media and information
commission;
· promote extensive campaigns to disseminate information about and increase
awareness of the human rights of women and freedom of expression.

African Women's Development and Communications Network (FEMNET)
Réseau de Développement et de Communications des Femmes Africaines
P. O. Box 54562, Nairobi, Kenya.
Tel: +254 2 3741301/20
Fax: +254 2 3742927
E-mail: [email][email protected]
Website: http://www.africaonline.co.ke/femnet

FEMNET aims to strengthen the role and contribution of African NGO's
focussing on women's development equality and other human rights, through
communications, networking, training and advocacy.

FEMNET vise à renforcer le rôle et la contribution des ONG des femmes
africaines en mettant l'accent sur le développemnt, l'égalité et d'autres
droits humains de femmes par le moyen des communications, travail de réseau,
formation et plaidoyer.