strong sentiments to the effect that political affiliation plays a key role in the
selection of artists to perform or showcase their talent at occasions such as
‘national galas’.
Furthermore, such events discriminate on the basis of sectors, as musicians
and dancers are usually invited and paid for their performances, yet such
forums could accommodate different categories of artists. Those perceived to be
critical of the government are usually not invited thereby censoring their work
to conform to political priorities that have no moral or legal basis.
3.3.1 Recommendations in tandem with international obligations
(UNESCO, UPR and international treaty framework)
Government must make deliberate efforts to give effect to the obligations
arising from the UNESCO Convention and UNESCO Recommendations
regarding ensuring the full development of talent as well as defending,
protecting and respecting artistic expression in the following ways:
Government must take all measures necessary to clamp down on piracy of
both local and international works of art by enforcing laws such as the
Copyrights and Neighbouring Rights Act [Chapter 26:05], and the Patents
Act [Chapter 26:03]. This way government fulfils its obligation to ensure
artists ‘enjoy the fruits of their work’.
Government of Zimbabwe must take steps to encourage political pluralism
by eliminating the practice of discriminating against artists critical of
certain policies or political figures when extending invitations to artists to
perform at state and/or state-related events.
Before subjecting itself to the next cycle of the review, the Government of
Zimbabwe must implement recommendations from the inaugural UPR
framework National Report specifically encouraging it to reform and revise
laws on freedom of expression to bring these laws in line with international
legal obligations.
Vague insult provisions in Section 96 of the Criminal Code (criminal
defamation) must be repealed.
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