Misa bemoans muzzling of freedoms
MISA Zimbabwe has made two submissions to the third cycle of the Universal Periodic Review (UPR) on Zimbabwe, where it noted improvements in the legislative environment, but decried clawback provisions in proposed new laws that have the effect of infringing on freedom of expression.
The UPR is a unique process that involves a review of the human rights records of all UN member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.
In the first submission, Misa Zimbabwe collaborated with the umbrella Media Alliance of Zimbabwe (Maz), where the two organisations noted that as per the UPR second cycle recommendations, the government was forging ahead with the repeal of the Access to Information and Protection of Privacy Act.
In July 2020, government promulgated the Freedom of Information Act, which is “seen as a positive step”. However, government is yet to put in place mechanisms that operationalise the law.
Misa and Maz were also concerned that laws such as the proposed Cybersecurity and Data Protection Bill had the effect of reversing the gains brought by the Freedom of Information
Act. The Cybersecurity and Data Protection Bill criminalises the publishing of falsehoods, which the Constitutional Court had already declared unconstitutional.
It also imposes surveillance on citizens and this has the potential to infringe on freedom of expression, association and of the media.
Misa and Maz also raised concern with attacks on journalists, which was particularly high in 2020 at the onset of the COVID-19 pandemic. The two media rights advocacy groups pointed out that there is a noticeable sustained culture of violations against journalists and media workers in Zimbabwe.
Among the recommendations, Misa and Maz urged government to commit to the principle of co-regulation of the media.
Further, they recommended that government should provide a clear timeline on when emergency laws that were promulgated in the aftermath of the COVID-19 outbreak would be repealed as they have the effect of infringing on freedom of expression. Misa and Maz urged the Zimbabwean government to recant the Sadc resolution on taking pre-emptive measures against the so-called abuse of social media and ensure that it is not party to resolutions that have the effect of infringing on freedom of expression and of the media.
In the second submission, which centred mainly on digital rights, Misa collaborated with the Small Media and Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
The submission recommended that government should uphold the right to privacy by enacting a data protection and privacy law in consultation with stakeholders, and to amend provisions of the Interception of Communications Act to provide for judicial oversight on lawful surveillance.
The organisations further recommended that government should end the practice of internet shutdowns and ensure that restrictions on internet access, online expression, assembly and association are consistent with international and regional human rights standards.
To ensure access to the internet, the organisations recommended that the authorities put in place measures to reduce costs of internet access including the deployment of the Universal Access Fund for increased affordability and digital inclusion of marginalised groups including women, rural communities and persons with disabilities.