the exclusive jurisdiction of the Ministry of Foreign Affairs, which is the chief
attendant in Diplomatic Affairs. At this point, Zimbabwe is deemed to have
ratified or acceded to a treaty, whichever is the case. What is clear from the
practice is that reasons behind ratifying treaties are not known. They range
from economic incentives that come with ratifying certain treaties to the need
to avoid penalties at the international level if certain treaties are not ratified.
Once a treaty has been ratified, Zimbabwe immediately assumes international
legal obligations arising from the treaty. As regards human rights treaties,
Zimbabwe would be expected to give effect to the provisions of the treaty and to
send periodic state reports to the treaty-body that oversees the implementation
of that treaty. Although the direct application of the provisions of a ratified
treaty does not immediately follow ratification, state obligations are assumed
upon ratification.
3.2
International law on freedom of artistic expression
The right to freedom of expression is guaranteed by a number of international
and regional human rights treaties, as well as under customary international
law. However, this diversity of sources does not reflect a diversity of ideas
about what the right means: freedom of expression is a universal right, so its
meaning is largely the same in every treaty. Any differences relate mostly to
how it is enforced. The main international covenants that relate to freedom of
expression including artistic freedom which Zimbabwe is a party to, are the
Universal Declaration of Human Rights66 (UDHR), the African Charter on
Human and Peoples Rights67 (ACHPR), the International Covenant on
Economic, Social and Cultural Rights68 (ICESCR), International Covenant on
Civil and Political Rights69 (ICCPR) and the Convention on the Rights of the
Child
70
(CRC) and article 30 of the Convention on the Rights of Persons with
Disabilities calls for measures providing persons with disabilities the
66
67
68
69
70
Zimbabwe
Zimbabwe
Zimbabwe
Zimbabwe
Zimbabwe
is bound by the UDHR by virtue of being a member of the United Nations
signed the ACHPR on 20 February 1986 and ratified it on 30 May 1986
signed and acceded to the ICESCR on 13 May 1991
signed and ratified the ICCPR on 13 May 1991
signed the CRC on 8 May 1990 and ratified it on 11 September 1990
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