MISA expresses serious concern and condemnation on the crackdown on independent foreign journalists in Zimbabwe following the arrests of New York Times journalist Barry Bearak and another yet identified foreign Journalist. The two were arrested at a local hotel on 3 April 2007 allegedly that the journalists were working without accreditation. The arrest as well as the crackdown on the opposition is a clear attempt to subvert a peaceful conclusion to the electoral process in which the opposition has already won parliamentary majority.

MISA demands the release of journalists with immediate effect noting that their continued detention is a violation of fundamental regional and internationally recognised media and freedom of expression rights. The arrests of the journalists on allegations of practising journalism without accreditation fly in the face of the so called positive amendments made to the repressive Access to Information and Protection of Privacy Act (AIPPA) in December 2007 and consented to by President Robert Mugabe in January 2008. The Zimbabwe government and the Southern African Development Community (SADC), through South African President Thabo Mbeki, argued that the amendments removed restrictions on the work of journalists and the media. The latest developments show that nothing has changed in the attitude and practice of the Zimbabwe government towards alternative media voices.

The arrests follow hard on the heels of two South African broadcast engineers arrested and accused of practicing journalism without accreditation. Despite efforts to demonstrate beyond doubt that the two are not journalists, but engineers, the state has insisted on charging them further putting a dent on the credibility of the elections in Zimbabwe as far as respect for media and freedom of expression rights is concerned. These actions also follow the banning of a number of leading regional and international media organisations from covering the election.

As stated in our previous statements on the election in Zimbabwe, MISA notes that nothing has changed as far as improving the repressive media laws and freedom of expression environment in Zimbabwe is concerned. MISA argues that an election is a process of citizens’ free expression and participation in national democratic processes. An election is not simply ballot casting, but a process that starts well before the voting and goes far beyond the counting and announcement of results. Key in this process is a legislative, social and political environment that allows people to freely associate, receive and impart information, including the right to receive timely and accurate information on the outcome of elections. These basic electoral tenets have been absent in the March 29 elections, instead the environment has been clouded with intimidation, fear, anxiety and uncertainty, further demonstrated by the failure to release election results, the crackdown on the media and opposition currently underway.

MISA further expresses concern on the involvement of security arms of the state that are playing the role of power broking in a process that entirely belongs to the citizens of Zimbabwe. Not only is it a violation of the SADC 2002 Principles and Guidelines Governing Democratic Elections, the security arms of the state are complicity in subverting the will of the Zimbabwe people with regard to their electoral decision. The security arms, which have a duty to protect people, are in fact holding the people of Zimbabwe hostage at gun point.

MISA strongly condemns the beating of innocent civilians going about their normal business in the city centre of Harare and townships as an affront to basic human rights of assembly, association and free expression. Furthermore, the actions of the Zimbabwe government through statements by its officials and actions of security agents is seriously worrying by showing a pattern of trying to influence not only the outcome of the election but also the reaction of the citizens of Zimbabwe to the election result.

MISA further reiterates its call that the continued delay in announcing the Presidential election results is a violation of the people of Zimbabwe’s Right to

Information. This delay nearly a week after the elections, coupled with the arrests of journalists, intimidation and beatings being unleashed on innocent citizens’ supports MISA’s pre-election position that the March 29 elections would be far from free and fair.

MISA calls on the Zimbabwe government to release the arrested journalists forthwith and to release the election results to abate the anxiety and uncertainty griping Zimbabweans at home and abroad.

MISA further calls on the Zimbabwe government to respect the rights of citizens to gather and exchange views and information without intimidation and harassment. MISA urges the Zimbabwe government to take heed of the desperate social, economic and political situation in Zimbabwe, as part of its moral and legal obligation to foster peace, reconciliation, national building and respecting the will of the Zimbabwean people through their electoral decision.

MISA urgently calls upon the SADC leadership, the African Union, the African Commission on Human and People’s Rights as well as the United Nations through its various organs to exert pressure on the Zimbabwe government to stop media and freedom of expression abuses. More importantly to respect the election outcome and nip in the bud of a potentially volatile situation that can sink not only Zimbabwe but the whole SADC region.

Kaitira Kandjii
REGIONAL DIRECTOR
MISA REGIONAL SECRETARIAT