MISA-ZIMBABWE SUBMISSION ON THE STATE OF FREEDOM OF EXPRESSION IN ZIMBABWE – 43RD ORDINARY SESSION OF THE AFRICAN COMMISSION FOR HUMAN AND PEOPLES’ RIGHTS
Agenda Item 7(f) – Freedom of Expression and Access to Information
EZULWINI SWAZILAND – 7 – 22 MAY 2008
Delivered by Legal Officer Wilbert Mandinde on 12 May 2008
The Media Institute of Southern Africa (MISA) would like to thank the Commission for the opportunity to address it on the state of the right to freedom of expression in Zimbabwe.
MISA-Zimbabwe recalls the call by the Special Rapporteur during the 42nd ordinary session in Brazzaville for free, fair and credible elections in Kenya and Zimbabwe; and in particular the adoption of the resolution on freedom of expression for the elections in Zimbabwe. It is apparent to us that your call fell on deaf ears.
MISA-Zimbabwe expresses deep concern over the arrests, harassment and detention of journalists and media personnel before, during and after elections in Zimbabwe.
The Zimbabwean government arrested, released and re-arrested two South African satellite television engineers, who were in actual fact invited through Zimbabwe’s sole signal carrier, Transmedia. Globecast Satellite technicians Sipho Moses Maseko and Abdullah Ismail Gaibbe were arrested on 27 March 2008, the day they arrived in Harare, and charged for practicing journalism without accreditation.
The courts discharged them on 4 April 2008, but they were rearrested outside the court building and were illegally detained over a weekend. They were eventually acquitted on 14 April 2008 and left Zimbabwe without covering the elections, albeit having been authorised to do so.
During the same period, Johannesburg based New York Times correspondent Barry Bearaik and South African based freelance journalist, Stephan Bevan were arrested and charged with practicing journalism without accreditation. They were acquitted.
On 10 April 2008, police arrested a 60-year old Bulawayo woman Margaret Ann Kriel on allegations of practicing journalism without accreditation.
And more recently, the police have arrested and detained media practitioners Frank Chikowore, Stanley Karombo, Davison Maruziva, Howard Burditt and prominent media lawyer, Harrison Nkomo.
MISA-Zimbabwe condemns these arrests and harassments - a reflection of the authorities’ intolerance to diverse views contrary to the spirit and purpose of Article 9 of the African Charter on Human and Peoples’ Rights. Elections can never be free, fair and credible where the right to freedom of expression does not exist or is given by the right hand and immediately taken away by the left.
In terms of Zimbabwe’s electoral law, an election run-off between the two candidates with the highest percentages in the 1st round of the presidential election, Morgan Tsvangirai and Robert Mugabe respectively is imminent.
MISA-Zimbabwe calls on the ACHPR to:
(1) Renew its call for a free, fair and credible election during the presidential run-off.
(2) Call on the government of Zimbabwe to stop all arrests, harassment and detention of journalists and media personnel as they go about their duties.
(3) Call on the authorities in Zimbabwe to repeal laws which are inconsistent with the African Charter such as the Access to Information and Protection of Privacy Act (AIPPA) as informed by 2002 fact-finding mission.