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. 67 | P a g e

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