In June 2002 the African Commission on Human and Peoples’ Rights, an African Union body, undertook a fact-finding mission to Zimbabwe. After meeting a range of parties from the government and civil society, the mission concluded that ”there was enough evidence placed before us to suggest that, at the very least during the period under review (viz from 2000), human rights violations occurred in Zimbabwe and that government cannot wash its hands of responsibility for all these happenings”.
The mission made a number of findings, conclusions and recommendations dealing with national reconciliation, democracy and human rights.
On the media, the mission said: ”A robust and critical media is essential for democracy … Efforts should be made to create a climate conducive to freedom of expression in Zimbabwe. The Public Order and Security Act and Access to Information Act should be amended to meet international standards for freedom of expression. Any legislation that requires registration of journalists, or any mechanism that regulates access to broadcast media by an authority that is not independent and accountable to the public, creates a system of control and political patronage …”
Five years later, the government of Zimbabwe has still not implemented most of the recommendations of the commission. If anything, the human rights situation in Zimbabwe is deteriorating. Reports of ongoing violations of the right to freedom of expression and information seem to be on the increase.
From June 2002 to March 2007, assault, harassment, threats and intimidation of media practitioners, undue political interference with the media, victimisation of media establishments deemed critical of government policies, unlawful arrest and detention of journalists and other media practitioners, bombing of offices of private media establishments, seizure of publications and unlawful destruction of copies of private newspapers and general attacks on media freedom and media practitioners seem to continue to be carried out with impunity.
Sadly, as I was about to send this article, I received a request from the Media Institute of Southern Africa (Zimbabwe) to urgently intervene following the arrest and assault of a journalist on April 1 2007.
All these incidents, coupled with subsequent amendments to the Access to Information and Protection of Privacy Act, point to the government’s steadfast resolve to curtail the right to freedom of expression and the free flow of information in Zimbabwe.
The government of Zimbabwe is a state party to the African Charter on Human and People’s Rights that came into force in 1986. Twenty years on, the question that has to be asked is whether Zimbabwe, and indeed other state parties to the charter, have lived up to its ideals, aspirations and obligations.
The recommendations of the commission’s 2002 fact-finding mission remain largely ignored. And I am yet to receive a response to the urgent letter of appeal that I wrote to President Robert Mugabe regarding allegations of assault, unlawful arrest and detention and destruction of the equipment of some journalists following the events of March 11 2007.
Failure by state parties to take seriously their own human rights instruments and institutions will sadly ensure that the rights and freedoms enshrined in the charter remain paper rights for the peoples of Africa.
Pansy Tlakula is a member of the African Commission on Human and Peoples’ Rights and Special Rapporteur on Freedom of Expression in Africa. This article is written in her personal capacity