OF SOU TE TH U IT ER NA MISA PROMOTING MEDIA DIVERSITY PLURALISM SELF SUFFICIENCY INDEPENDENCE FRICA MEDIA INS T BALLOT News X Issue No. 2 September 2007 MISA Zimbabwe Statement on Constitutional Reforms A that will secure and entrench our basic rights and freedoms in conformity with international standards and deliver the killer punch against draconian laws such as AIPPA, POSA, Broadcasting Services Act, Criminal Law (Codification and Reform) Act and the Official Secrets Act among others. s Zimbabwe works towards restoring its relations with the international community particularly with the United Kingdom, it is MISA-Zimbabwe's carefully considered view that concerted efforts towards reviving the stalled constitutional reform process will go a long way towards fulfilling that objective. While President Robert Mugabe is on record acknowledging the need to build bridges with Britain, an all-encompassing constitutional review process will help in sending the right signals to the international community. In saying this MISA-Zimbabwe is firmly guided by the universally recognised position that an unfettered media is the sine quo non-to the enjoyment of freedom of expression as it fosters a culture of accountability, transparency and good governance. It is MISA-Zimbabwe's strong view that the constitutional reforms being agitated for will go a long way in building the democratic bridges which will foster national unity across the socio-economic and political divide and instil an increased sense of belonging to their country. MISA-Zimbabwe is cognisant of the fact that Section 20 of Zimbabwe's Lancaster House-negotiated Constitution does not specifically guarantee freedom of the press, a void that the Supreme Court noted in 2003 when it upheld AIPPA to be constitutional. The issue of Constitutional reforms is one that deserves collective discourse through a transparent, all-encompassing and independent Commission, which will be better placed to receive the views of Zimbabweans without fear or favour. This would entail revisiting the contents of the rejected Draft Constitution of 2000 as well as concerns raised by civic society organisations during the 2000 process that resulted in the referendum rejection of the draft constitution. The right to freedom of expression and inevitably that of the press is a fundamental right without which all other freedoms will be illusory - difficult to attain and express. As a freedom of expression advocacy and lobby group, MISA-Zimbabwe, therefore, insists that a new democratic Constitution should include a constitutional guarantee that expressly recognises and protects freedom of the press. By revisiting the rejected document, the government will demonstrate that it is willing to respect and embrace the democratic aspirations of its citizens through a people-driven and people-owned process. The issue of the Bill of Rights viewed against the backdrop of the tremendous Executive powers vested in the Head of State, is key to a democratic Constitution which respects and protects freedom of speech, media freedom, free conscience and thought. Construction of the bridge for constitutional reforms needs to be embarked on as a matter of urgency if Zimbabwe is to access the much sought-after international goodwill and foreign investment. We reiterate that constitutional reform is too important an issue to be left to one political party simply because it commands a majority in parliament. Constitutional reform must benefit all Zimbabweans regardless of political or religious affiliation, economic status, colour or creed. This process should culminate in a justiceable Bill of Rights 25 X