constitution was adopted in 2013 and is a significant step in the direction of securing the right to freedom
of expression in law.
8. The on-going law reform and revision (informally referred to as legislative alignment) as a government
initiative is a sign of state commitment to bringing all legislation that predated the 2013 constitution into
line with the supreme law. However, whether as a result of lack of capacity or political will, the
government continues “to ignore human rights provisions in the constitution, neither enacting laws to put
the constitution into effect nor amending existing laws to bring them in line with the constitution and
Zimbabwe’s international and regional human rights obligations.”3
9. The main international covenants that relate to freedom of expression, including artistic freedom, to
which Zimbabwe is a party, are the Universal Declaration of Human Rights (UDHR), the African
Charter on Human and Peoples’ Rights (ACHPR), the International Covenant on Economic, Social and
Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with
Disabilities (CRPD).
RECOMMENDATIONS AND IMPLEMENTATION
10. During its First Cycle Universal Periodic Review that took place on 10 October 2011, Zimbabwe only
expressed support for one recommendation on freedom of expression. Zimbabwe accepted Japan’s
recommendation to “make improvements to ensure the freedom of expression, including for the mass
media.”
11. Zimbabwe noted recommendations to repeal or significantly reform the Criminal Law (Codification and
Reform) Act and the Public Order and Security Act (POSA) provisions that restrict freedoms of
expression and assembly as proposed by the United States, Australia, Canada, Austria and Mexico.
12. Zimbabwe further noted five broader recommendations by Australia, Czech Republic, Norway, Slovakia
and Switzerland on ensuring the right to freedom of expression.
13. However, articles remain within the Criminal Law (Codification and Reform) Act and the Public Order
and Security Act (POSA) that severely hamper the practice of freedom of expression, as illustrated in
cases detailed below. Theatre performances, movies and exhibitions have been censored, while artists
self-censor due to fear of repression. These continuing problems lead us to conclude that Zimbabwe has
not adhered to the recommendations to protect and promote freedom of expression made in the First
Cycle of the UPR in 2011.
3
https://www.hrw.org/world-report/2016/country-chapters/zimbabwe
3