The use of criminal law to censor art has resulted in self-censorship by many
artists.
The censorship framework is fraught with serious legal and administrative
difficulties. The legal framework is clearly out of sync with both constitutional
and international frameworks. In particular the laws lack particularity in terms
of aspects of art that offend certain elements of public security, public health,
morality and so on, so as to guide artists as they engage in creative works.
On the face of it censorship is administered on the basis of objective criteria. Of
concern rather is the censorship process. Government is secretive about
information regarding the Censorship Board, it appears the institution is poorly
funded, incompetently constituted and the Appeal Board is non-functional.89
This results in the police and security agents effectively taking over censorship
of works of art with no legal basis to do so, hence they readily resort to criminal
laws to justify their involvement. Police censorship is disguised as law
enforcement. Consequently, it was argued that the legal framework needs to be
reformed and revised to sync with the Constitution as a matter of urgency.
Similarly, government adherence to the UNESCO framework leaves a lot to be
desired. While art is part of school curriculums at all levels of education in
Zimbabwe, the assistance provided to professional artists does not live up to
UNESCO framework expectations. Artists do not receive sufficient protection of
their works from government. Piracy is rife and openly practised. The
institutional support of artists is generally weak. Their rights are championed
by organisations established among artists themselves. These include the
Coalition
against
Censorship
in
Zimbabwe
(CACZ);
Zimbabwe
Theatre
Association (ZiTA), Bulawayo Arts Forum (BAF), Visual Artists Association
Bulawayo (VAAB); Zimbabwe Music Rights Association; Zimbabwe Union of
Musicians; Zimbabwe Applied Arts and Crafts Association; Zimbabwe Women
It has already been mentioned that the Board’s composition is so secretive that even
journalists are not able to obtain information on the Board. On its part, the website of the
Ministry of Home Affairs only contains functions of the Board instead of providing a list of the
Board membership as well.
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