bounds of the 2013 Constitution rather than putting public funds to waste by
convening a court session to deal with provisions of a spent constitution.
The Interception of Communication Act gives government unlimited power to
monitor communications by eavesdropping on their communications. The
consciousness that communications are taped and listened to triggers selfcensorship thereby violating freedom of expression. The Zimbabwe United
Nations Universal Periodic Review Stakeholders Report published in 2011
revealed that in the period 2000-2011 over 45 journalists had been subjected
to torture and harassment by the state. Not much progress has been made to
stop this behaviour by the state. Itai Dzamara, a journalist and civil rights
activist, was abducted by suspected state agents on 9 March 2015 and is still
missing. This instils fear which severely limits all forms of dissent including
artistic freedom. A combination of restrictive provisions and lack of adequate
protection is stifling the enjoyment of freedom of expression and artistic
freedom in Zimbabwe.
However, the government has made a few reforms that bolster enjoyment of
artistic freedom. In compliance with the Constitution and the international
covenants it ratified, the government of Zimbabwe lifted a ban on international
media organizations such as the BBC, CNN, e.tv and the Guardian
newspapers, among others. It has also partially dropped the requirement that
journalists have to be accredited to work in the country. The reforms made to
date are few and do not go to the root of the problem. There is still more that
the government of Zimbabwe needs to do to fully comply with its international
obligations and the obligations stemming from the Constitution.
3.7
The Universal Periodic Review Process
It is now common knowledge that Zimbabwe underwent the Universal Periodic
Review (UPR) framework marked by the consideration of the maiden National
Report in October 2011. In the aftermath of the presentation of the National
Report, a number of countries that participated came up with 177
recommendations of which government formally agreed to implement 130 and
rejected the rest. These recommendations dealt with different types of rights
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