Restoration of Human Rights (ROHR) Zimbabwe

The recent announcement in the State mouthpiece, the Sunday Mail, 16 August 2009, that the process of forming independent commissions had been halted, is viewed by ROHR Zimbabwe as a desperate and deliberate attempt by Zanu PF to interfere with the Parliament’s Standing Rules and Orders Committee (SROC). SROC is the legally mandated body to deal with interviewing and submission of candidates to the head of state to appoint commissioners on the Zimbabwe Media Commission (ZMC), Zimbabwe Electoral Commission (ZEC), Zimbabwe Human Rights Commission (ZHRC) and Zimbabwe Anti Corruption Commission (ZACP) as stipulated in the amendment 19 of the Zimbabwean Constitution. 

The allegation that the three political parties Zanu PF and two MDC formations ‘’might now’’ have to forward nominees for the independent commissions based on partisan proportional representation is not only highly misleading in the eyes of the public but it constitutes a criminal act as it violates the Constitution of Zimbabwe and the legally binding process agreed on by the three political parties to the Interparty Political Agreement (IPA).  

It is deplorable that the state controlled newspapers, The Herald and Sunday Mail, have assumed a partisan role of publishing Zanu PF’s propaganda, biased news and falsehoods. Considering that the people are the major stakeholders to the state media, both print and electronic, we note with concern that the people are short changed in such a scenario and they are denied their right to objective and accurate information.  State media depend on government funding derived from taxes paid by the people and it is the same stakeholders who should have a say on how the state media is governed. As ROHR Zimbabwe we strongly condemn any attempts by political parties to manipulate the state media for political expediency at the expense of taxpayer’s interests.  

We further note with concern that the media is still under restrictive legislation despite the fact that the three political parties to the Global Political Agreement, Zanu PF and the two MDC formations, had agreed among themselves to immediately engage in media reforms that guarantee an open media environment. Draconian media legislation, Public Order and Security Act (POSA), Access to Information Protection Privacy Act (AIPPA), Broadcasting Services Act (BSA) is still in place and journalists continue to be harassed by state agents. These oppressive pieces of legislation hinder the opening up of the media thereby placing too much reliance on the state media which continues to fan hate speech on those who hold divergent ideas to those of Zanu PF.  

The continued use of repressive legislations such as AIPPA and POSA undermines the role of the media in a democratic and plural society. As rightly stated in a recent statement by MISA Zimbabwe, a free press as opposed to one controlled by the state will help in keeping the state at arms length as well as foster media diversity, pluralism, independence and responsible journalism through a self regulatory mechanism accountable to the reading and viewing public. 

ROHR’s Position with regards to formation of Independent Commissions
It is our humble submission that the long awaited Independent commissions should be there to serve all the people of Zimbabwe in protection and promotion of their human and constitutional rights, therefore formation of these institutions cannot be determined by politicians or a few political parties. As our society is seeking a transition and healing from a politically motivated unjust and violent past it is fundamental that the independence of the ZMC, ZEC, ZHRC and ZACC be guaranteed and subjected only to the Law and the constitution. The appointment of commissioners should be strictly on merit not political affiliation.  

As an organization we encourage all law abiding Zimbabweans to reject any attempts by the political parties in the inclusive government to impose commissioners with self serving partisan interests at the expense of the nation. It is the government’s responsibility to stir the nation towards democratic and transparent governance that is accountable to the people and to refrain from the cancerous culture of impunity.