3.4
International 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.
The Universal Declaration of Human Rights (UDHR) contains, in Article 19, the
first and most widely recognised statement of the right to freedom of expression
and it states that:
'Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers'.
The UDHR is not a binding treaty but a recommendatory resolution adopted by
the UN General Assembly. Through time and universal acceptance, however,
much of the UDHR has risen to the level of customary international law,
including Article 19, and is therefore binding on all states now as a peremptory
norm. The UDHR under article 27 also provides that everyone has the right “to
enjoy the arts”. Article 20 declares the right to peaceful assembly and
association, including the right not to be compelled to belong to any
association. These rights are limited by Article 29, which permits restrictions
“solely for the purpose of securing ... respect for the rights and freedoms of
others and of meeting the just requirements of morality, public order and the
general welfare in a democratic society.” Moreover, the rights set forth in the
UDHR “may in no case be exercised contrary to the purposes and principles of
the United Nations”.
In terms of exact provisions that speak to the issue of freedom of expression in
relation to freedom of artistic expression article 15 (3) (ICESCR) provides
1. The States Parties to the present Covenant recognize the right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
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