a people’s constitution can be created, re-establish the rule of law and promote the
independent media.”10
More specifically, reform commitments in the GPA included the writing of a new constitution
over 18 months, within the life of the transitional power-sharing government.11 Under article
17 of the GPA, the parties expressed a desire to open up the airwaves and operate as many
media houses as possible. Article 19 recognized “the importance of the right to the freedom
of expression and the role of the media in a multi-party democracy.” It committed to ensure
immediate processing by the appropriate authorities of all broadcasting applications by
journalists and media houses.12
Zimbabwe’s political leaders further agreed to institute security sector reforms to place
security forces under full civilian control through the creation of the Zimbabwe National
Security Council, which would be charged with reviewing all national policies on security and
defense. The civilian-run council was intended to ensure that the security sector did not
exceed its authority by arbitrarily arresting members of the media.
Zimbabwean Law on Freedom of Expression and International Standards
Zimbabwe is party to the African Charter on Human and Peoples’ Rights (the African Charter)
and the International Covenant on Civil and Political Rights, both of which guarantee the
right to freedom of expression. Article 9 of the African Charter provides that “every individual
shall have the right to receive information” and “the right to express and disseminate his
opinions within the law.”13 Article 19 of the International Covenant on Civil and Political
Rights sets out the basic international standards for the right to freedom of expression,
which may only be restricted by law and as is necessary for reasons of national security,
public order, or public health or morals.14
The right to free expression, encompassing freedom of speech and press, is constitutionally
protected in Zimbabwe, subject only to restrictions under authority of law in the interest of
“defence, public safety, public order, the economic interests of the State, public morality or
10
Ibid.
11
GPA, art. 6.
12
GPA, art. 19(1).
13
African [Banjul] Charter on Human and Peoples’ Rights, adopted June 27, 1981, OAU Doc.CAB/LEG/67/3 rev.5, entered into
force October 21, 1986, ratified by Zimbabwe May 30, 1986, art. 9.
14
International Covenant on Civil and Political Rights (ICCPR), G.A. res. 2200A (XXI), U.N. Doc. A/6316 (1966), entered into
force March 23, 1976, acceded to by Zimbabwe August 13, 1991, art. 19.
9
Human Rights Watch | April 2010
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