Electoral Commission and the Human Rights Commission, as evidence that “the Zimbabwe
government has gone a long way in improving the system and mechanisms related to the
promotion and protection of human rights.”66
Unfulfilled Legislative Reforms
The power-sharing government has failed to take steps to implement major media reforms,
including the repeal of repressive legislation inherited from the previous ZANU-PF
government. Reportedly, Prime Minister Tsvangirai intends to push the government, before
the end of 2010, to repeal the Access to Information and Protection of Privacy Act (AIPPA)
and introduce two new laws to regulate the media.67 The two new laws would provide for the
regulation of journalists and media houses “in line with SADC [Southern Africa Development
Community] regional best practices.”68 Given the power-sharing government’s failure to
enact human rights reform in other areas, though, it seems unlikely that ZANU-PF will permit
passage of these measures.
The power-sharing government has already failed to comply with a decision by the African
Commission on Human and Peoples’ Rights (the African Commission), requiring the
amendment of two sections of the AIPPA. In July 2009, the African Commission ruled that the
AIPPA violates freedom of expression rights guaranteed in the African Charter. The African
Commission then ruled that Zimbabwe should amend the act to remove sections requiring
compulsory registration of journalists and media houses by government-controlled bodies,
and instead provide for self-regulation.69 To date, the government has not taken the
necessary corrective steps.
The power-sharing government committed to taking the first essential step of this reform by
setting up the National Security Council to exercise civilian oversight over security forces.
Given the prominent role that Zimbabwe’s security services have played in perpetrating
human rights abuses—including freedom of expression violations—in the recent past, reform
of the security services is crucial in ensuring restoration of the rule of law and respect for
66
Statement delivered by Justice Minister Chinamasa, at 13th session of the U.N Human Rights Council, Geneva, March 3,
2010.
67
Kholwani Nyathi, “Tsvangirai to repeal AIPPA by year end,” Standard, March 21, 2010.
68
Ibid.
69
Communication 297/2009 of Executive Council of the African Union at its 15th ordinary session held in Sirte, Libya, on 24 –
30 June 2009.
Sleight of Hand
20
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