their artists and other cultural professionals and for their cultural goods
and services.
The UNESCO Recommendations Guidelines 3, 6 and 8 are dedicated to
freedom of artistic expression. Guideline 3 provides in part that states have
‘a duty to protect, defend and assist artists and their freedom of creation. For
this purpose, they should take all necessary steps to stimulate
creativity and the flowering of talent, in particular by adopting
artistic
measures
to
secure greater freedom for artists, without which they cannot fulfil their
mission, and to improve their status by acknowledging their right to enjoy the
fruits of their work’.
It is submitted that this Guideline anticipates that the State will be actively
involved in the development of talent in Zimbabwe. There is a specific duty to
protect, defend and assist artists in the event of situations threatening their
freedom to create works. Facilities must be availed to ensure artists fully
develop. One could say the establishment of relevant institutions such as the
NAC, mandated to advance arts in Zimbabwe, is part of the fulfilment of the
obligation, but so far Zimbabwe has not submitted its state report.
The high levels of piracy in Zimbabwe and government’s hesitant efforts to deal
with it are worrying developments. The problem has grown to the extent that
the Parliamentary Committee on Arts and Culture held a public hearing on
Wednesday 14th July 2015 where the NAC gave evidence on the issue of piracy.
Government would be failing to protect and defend artists if it fails to deal with
piracy. Piracy is a clear sign that artists are not able to ‘enjoy the fruits of their
work’.73
Guideline 8 deals with the elimination of discrimination in the area of arts. No
ground, listed or analogous, must be permitted resulting in discrimination in
relation to ‘… opportunities to acquire and develop the skills necessary for the
complete development and exercise of their artistic talents, to obtain
employment, and to exercise their profession’. This research has revealed
The Convention Concerning the Protection of the World Cultural and Natural Heritage which
it ratified in 1975, Berne Convention for the Protection of Literary and Artistic Works, ratified
in 1981, Cultural Charter for Africa (Port Louis, 1976), ratified in 1988 and Protocol to
73
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