By Nathan Guma
ZIMBABWE’S human rights record is continuing to fall, with new statistics by the Global Expression Report (GxR) showing the country is trailing regional neighbours in promoting freedom of expression and access to information.
The report by United Kingdom-based think tank Article 19, examines the state of freedom of expression and information access around the world, with focus on the right to express oneself freely through various means like speaking, writing, protesting, and creating art.
It also monitors the right to seek, receive, and share information held by governments or other institutions, among others.
The GxR places countries categories namely; with those in the 80/100 range having open access, those between 60-79/100 are classified less restrictive, while countries falling in the 40- 59/100 range are restrictive
Highly restricted countries fall in the 20-39/100 range, while those in the 1-19/100 countries are considered to be in a crisis.According to the counter, Zimbabwe has a 31/100 score, being the only restrictive country in the Sadc region while Eswatini tops the list for the region with 7/100 score, the fourth lowest in the Sub Saharan Region after Eritrea, Equatorial Guinea and South Sudan.
The Democratic Republic of Congo (DRC) is also in the highly restrictive zone with Zimbabwe, with a 27/100 score.
While no country from the Sub Sahara region has made it in the open category, several other countries from the Southern African region are faring better, with South Africa Botswana ranked first with a 76/100 ranking, while South Africa has 73/100.
“We have seen no Open countries in the region since 2018, when Ghana was the last country in the Open expression category,” according to the report.
“The largest proportion of the Sub-Saharan African population sits in the middle expression category (Restricted): more than one-third of the regional population live in these 9 countries. Freedom of expression in Sub-Saharan Africa is stagnant.
“Every other region has seen a significant drop in expression over the last 10 years, but there has been no significant change in Sub-Saharan Africa over that timeframe.”
Zambia is also in the less restrictive zone, with a 72/100, while Malawi has a 67/100 score.
Regional countries in the restrictive zone include Madagascar, Mozambique and Angola, while Zimbabwe and the DRC are in the highly restricted zone.
Access to information has been worsening in Zimbabwe.
Regulation
Media regulation has raised a heated debate with information minister Jenfan Muswere under fire from professional media organisations for misleading cabinet on their position in principles to amend the Zimbabwe Media Commission (ZMC) Act that will expand the definition of media
practitioners, create the Media Practitioners Council to regulate the profession while putting the Zimbabwe Media Commission (ZMC) — which is supposed to be independent — under the direct control of the minister.
Muswere told cabinet his proposals had the full backing of the media rights organisation Maz, the ZMC and journalists — which is untrue. Maz is in fact advocating for co-regulation, under a regulatory framework that recognises self-regulation, wherein the media sector would self- regulate, with some oversight and ratification by the ZMC.
The ZMC is a Chapter 12 institution alongside the Zimbabwe Electoral Commission, Zimbabwe Human Rights Commission, Zimbabwe Gender Commission and the National Peace and Reconciliation Commission. Chapter 12 institutions are constitutionally supposed to report to Parliament and not the minister, as proposed by Muswere.
Section 233 of the constitution states that independent commissions have a mandate to support and entrench human rights and democracy, protect the sovereignty and interests of the people, to promote constitutionalism, to promote transparency and accountability in public institutions, to secure the observance of democratic values and principles by the stare and all institutions and agencies of government-controlled entities.
Section 235 (1) (a) explicitly states that independent commissions “are independent, are not subject to the direction or control of anyone” while section 235 (3) says “no person may interfere with the function of the independent commissions”.
Zimbabwean media practitioners are locked in a fierce debate over media regulation amid a tug-
of-war between those who want statutory regulation through the backdoor, which the minister is pushing for, as well as self-regulation and co-regulation.
Governmental websites
A survey by The NewsHawks showing that 75% of government websites — main portals of communication — are perennially down, while others are endlessly undergoing maintenance, which experts have said is a hindrance to access to information.
According to section 62 of the national constitution, every person has the right to access information held by anyone, including the state.
However, findings have shown that only six out of 24 ministerial websites are working, with the
ministry Finance and Investment Promotion’s website having the most recent updates, while the remainder were last updated before 2021, with others not working at all.
Other websites that are working include that of the ministry of Foreign Affairs and International
Trade, last updated in 2021, and that of the ministry of Transport and Infrastructural Development was last updated in 2019.
Media lawyer Chris Mhike said that the government ought to prioritise access to information is important for open government and good governance.
“Under our law, everyone is entitled to access any information held by the state or by anygovernmental institution or agency, with minimal or no hindrances. That right of access to
information is closely linked to the constitutional principles of open government and good governance,” Mhike told The NewsHawks.
“Naturally, good governance should entail efficiency, accountability, and transparency in all institutions and agencies of government at every level.”
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