Regional law on freedom of artistic expression
On the regional front, Zimbabwe is a signatory to the African Charter on
Human and Peoples’ Rights on the Establishment of an African Court on
Human and Peoples’ Rights, entry into force in 2004.
At regional level, Article 9 of the ACHPR provides that every individual has the
right to “express and disseminate his opinions within the law”. Article 9 differs
from the protection afforded by other treaties in that it does not expressly
include a right to receive ideas or to impart information. Article 9 is also
unusual in that it does not include any express restrictions. However,
paragraph 1 of the African Commission on Human and Peoples’ Rights
Declaration of Principles on Freedom of Expression in Africa (2002),78 which
has the same status as a general comment, makes reference to the individual
elements as contained in the ICCPR and Constitution.
In terms of the ACHPR the right to freedom of expression is limited in terms of
articles 27, 28 and 29 of this Charter. Therefore, in exercising one’s freedom of
expression, the individual must have due regard to the rights of others,
collective security, morality and common interest. Further the individual has a
duty to respect and consider fellow beings without discrimination, and to
maintain relations aimed at promoting, safeguarding and reinforcing mutual
respect and tolerance. The individual is also called upon not to compromise the
security of the State whose national or resident he or she is.79 These provisions
are often raised by the State to justify the infringement or limitation of the right
to freedom of expression.
However, in enjoying one right to freedom of expression, the constitutional
rights of others must be protected. The ACHPR does not explicitly protect the
freedom to hold opinions without interference. Further, it does not expressly
protect the right to impart information or to receive opinions and ideas, but as
Compendium of key human rights documents of the African Union (2010) 361.
Bharat Patel Freedom of Literary Expression and Censorship in Zimbabwe, Zambezia 1997 .Available
onhttp://archive.lib.msu.edu/DMC/African%20Journals/pdfs/Journal%20of%20the%20Univ
ersity%20of%20Zimbabwe/vol24n1/juz024001005.pdf
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