a. To ensure that any person whose rights or freedoms as herein
are violated shall have an effective remedy,
notwithstanding
recognized
that
the
violation has been committed by persons acting in an official capacity;
b. To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by
any other competent authority provided for by the
legal
system;
c. To ensure that the competent authorities shall enforce such remedies when
granted.
The typology of international human rights obligations is four-fold, namely, to
promote, protect, respect and fulfil each and every human right or freedom
enshrined in those instruments. Depending on the nature of the right in
question, State behaviour and conduct must conform to at least any one of the
verbs above. Clearly the state must promote artistic expression in line with the
Guidelines of the UNESCO Recommendations so that artists fully develop.
Artists must be protected from situations that threaten their ability to be
creative. Respect for artistic expression means refraining from interfering with
artistic works as well as their presentation or communication. Yet, minimal
intervention is expected in fulfilling this freedom.
As to prevailing practice, restrictions on artistic freedom are linked to existing
laws and regulations, but can also be the outcome of a fear of physical or
economic coercion. In Zimbabwe, the main hindrance to the enjoyment of
artistic freedom is over regulation of the right. Further there are public
institutions seemingly established and empowered to prevent free expression.
These include the Broadcasting Authority of Zimbabwe (BAZ), responsible for
licensing broadcasters, the Media and Information Commission (MIC), which
oversees the licencing of journalists, and the Monitoring and Interception of
Communications Centre (MICC), which operates the country’s programme of
communications surveillance.
Legislation such as AIPPA and Broadcasting
Services Act make it mandatory for media practitioners (journalists and media
houses) to be registered, pay licence fees and also limit the content of
information they can circulate.
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