By: Rumbidzai Mudzongo
19 December 2022
Freedom of expression in Zimbabwe remains under threat despite constitutional protections. This article explores ongoing restrictions under current leadership, highlighting their impact on media independence, human rights, and the 2023 general elections.
INTRODUCTION
For many years, the Zimbabwean government regularly infringed upon its citizens’ freedom of expression. Under the previous regime headed by former President Robert G. Mugabe, journalists and local media outlets were often arrested and monitored for sharing information regarding state violence, police brutality, government corruption, and news/information considered western propaganda. Periods of elections were often fraught with violence, voter intimidation and state-funded propaganda. Under the current government of President Emmerson D. Mnangagwa, very little has changed as some of the same repressive and draconian laws are still in place with new laws being introduced that continue to prohibit freedom of expression as enshrined in the Constitution. Whilst fewer journalists have been arrested under the current regime, there are still arrests being made under the guise of the recently enacted legislations.
In this article, I will look at freedom of expression as a fundamental human right and what that entails, the freedom of expression afforded to journalists and media outlets in Zimbabwe, and what this means for its upcoming elections in 2023. I will analyse how the government under President Mnangagwa is failing to uphold its election promises of peace, justice and of human rights by obstructing freedom of expression and access to information. I will then conclude the article by explaining how a failure to uphold this right leads to failure to exercise other rights promised under a democracy.
EXPLANATION
Under International Human Rights Law, freedom of expression is guaranteed under the Universal Declaration of Human Rights, article 19. Freedom of expression is one of the fundamental human rights that all humans are guaranteed, though it is often denied. Repressive regimes frequently control their state media, intimidate or arrest journalists and monitor what information the general public consumes and shares. Journalists are usually targets for such regimes as they expose and bring into question the functioning of the government. In 2022, a total of 67 journalists lost their lives.
The Universal Declaration of Human Rights stresses that “freedom means that everyone has the right to seek information, hold different opinions and share that information through any media.” A government’s level of democracy can be measured by how free its citizens and media are to share and spread information that may oppose or bring to light its failures. The protection and safety of journalists is a global issue that is becoming prevalent especially in the digital age.
Zimbabwe has not had a stellar record in upholding this right. As of 2022, Zimbabwe ranked 137th out of 180 on the Reporters Without Borders Index, a notable drop from its position at 130th in 2021. In Zimbabwe, under the current regime, there has not been a significant improvement in the protection of freedom of expression, especially regarding the expression of opposing views that expose the government’s shortcomings and when sharing information regarding opposition parties. An example of this was the arrest of local journalist and activist Hopewell Chin’ono, who was arrested three times within a period of six months in 2020. Additionally, fifteen more journalists were arrested, detained or assaulted in 2021 by security forces whilst carrying out their work. According to Amnesty International, many of these journalists were arrested for attending and/or covering opposition party rallies or protests.
The government’s actions against journalists have created a hostile environment for the investigation and sharing of local news and information. This is a tactic used by the government to not only discourage media coverage that does not align with its agenda and shows support for the opposition, but to also influence what information the public receives, a development that is especially concerning when preparing for elections. Whilst Zimbabwe has multiple newspapers, radio stations and a national broadcasting station, most of these media outlets are state-owned or affiliated. The lack of media diversity and bias towards the ruling party makes it nearly impossible for opposition parties, or those with differing views, to share information or report on local news fairly and transparently.
Zimbabwe is set to have its general election in July or August of 2023, its first election since 2018 when President Mnangagwa was sworn into office after a highly contested election and coup that ousted his predecessor. Campaigning for the upcoming election by the ruling party Zimbabwe African National Union-Patriotic Front (ZANU-PF) and opposition parties such as Citizens Coalition for Change (CCC) and Movement for Democratic Change-Alliance (MDC-A) are already underway. Reports by human rights organisations are already coming forward with concerns that the ruling party may be using state funds, its power and influence over state media to promote its campaigns and rallies. The lack of separation of the party and the state means that information provided by the national news, newspapers and radio stations regarding the upcoming elections, opposition campaign rallies, etc. means that citizens are being denied their right to access information, the right to form their own opinions and make their own choices.
By failing to protect the right to freely express opinions and share information, Zimbabwe is failing to uphold international agreements that it has signed to protect human rights. Under The Declaration of Principles of Freedom of Expression and Access to Information in Africa principle 1, freedom of expression is a fundamental right protected by the African Charter and is instrumental in the ability to exercise other rights.
The safety of journalists and other media practitioners is included in the same Declaration under principle 20. This principle states that journalists and other media practitioners shall be guaranteed safety by the state from state and non-state actors, and should be protected from arbitrary arrest, amongst other human rights violations. By continuously failing to allow journalists and media outlets the freedom to report on current news and the functioning of the government independently and without bias, the current regime is failing to respect its citizens’ freedom of expression and opinion.
CONCLUSION
A proven pattern of violence and suppression of information surrounding general elections has been seen throughout the years of both regimes. With a rapidly declining economy and growing political unrest ahead of the general elections, the Zimbabwean public is bracing itself for an uneasy and possibly violent period. By obstructing the independence of journalists and their ability to provide unbiased information, the government has failed to uphold fundamental human rights. Freedom of expression is one of the rights Zimabaweans have struggled to access under both regimes. Unless the government commits to easing restrictions and laws surrounding this, ensuring the safety and protection of journalists in addition to media practitioners, and creating an unbiased and fair environment for information sharing, the freedom to express will not be upheld.