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Media Institute of Southern Africa (MISA) Statement to the ACHPR on the state of Media in Southern Africa, Nigeria 

The Media Institute of Southern Africa (MISA) Regional Secretariat based in Windhoek, Namibia welcomes this opportunity to address Commissioners of the Africa Commission on Human and Peoples Rights (ACHPR). MISA appreciates and commends the work of the Commission in strengthening human rights and democratic values in Africa, and efforts to find African solutions to African problems.

It is now 17 years after the Windhoek Declaration and 5 years after this Commission passed a Declaration of Principles on Freedom of Expression in Africa, at its 32nd Session in October, 2002. Sadly media and freedom of expression rights are still in peril in Southern Africa.

Southern Africa states that were once seen as progressive, including Tanzania, Botswana, Malawi and South Africa are facing challenges observing and respecting basic media and freedom of expression rights. We express concern at the increasing use of sanctions such as banning newspapers and broadcasting stations to punish what governments call wayward behaviour by the media. In Tanzania the government closed down Mwanahalisi newspaper on 13 October without a hearing, without identifying complainants, but simply stating that the publication had offended the ruling party and Tanzania’s first family. As MISA we acknowledge the unalienable right of those aggrieved by the media to seek recourse and we note that in the case of Mwanahalisi this matter was not brought before the Media Council of Tanzania.

We express concern at statements by Tanzania’s Minister of Information Captain George Mkuchika, that the ban on the newspaper is a warning to other media and also that the government does not care abut the private media as it has its own media. In Malawi the government is fighting to ban Joy Radio station while in Lesotho Harvest FM is just back from serving a 3 months ban for allegedly defaming senior government officials. Punitive measures are meted without due regard to the rights of the media and citizens who access this media daily. We urge the Commission to address these issues with the governments of Tanzania, Lesotho and Malawi.

MISA also expresses concern at the management issues at the South Africa Broadcasting Corporation (SABC) which in our view border on political interference in the running of the broadcaster. We are also concerned that governments continue to maintain a tight grip on national broadcasters despite calls for transformation into public broadcasters. We further note with concern the intentions by the Botswana government to pass a Media Practitioners law that follows Zimbabwe’s infamous Access to Information and Protection of Privacy Act. The Media Practitioners Bill requires journalists to be registered and also imposes a statutory media council. We believe this law will seriously undermine the rights of journalist and the media to operate freely in Botswana.

MISA remains concerned with the situation in Zimbabwe where the political and economic situation remains dire. We remain concerned about the use of the state media to propagate hate messages and the absence of moves to repeal bad media laws including AIPPA, the broadcasting law, the Interception of Communications Act and the Public Order and Security Act. These laws continue to be used against journalists who still face challenges working in Zimbabwe. In Swaziland the government continues to exert pressure on the media to tow the line and criticism of the government, especially the King is frowned upon. Freedom of expression and association rights are being suppressed in Swaziland.

On 13 October the Swaziland government banned a planned Africa Social Forum meeting. A statement by the government said that hosting the Forum would not be in the national interest “and will compromise peace, security and stability of the country”. The Africa Social Forum is an annual gathering of civic society organizations in Africa to discuss and share ideas on socio-economic issues affecting Africa.

As MISA we are concerned about the handling of the media by governments around elections. We note that while the private media is vilified, the state media is simply turned into mouthpieces of the ruling parties and governments. We therefore urge the commission to take a special interest in the elections coming in Namibia, Mozambique, Malawi, South Africa and Botswana in 2009. We urge the commission to keep an eye on the situation in Zimbabwe and Swaziland. And more importantly to urge the government of Tanzania to lift the ban on Mwanahalisi newspaper.

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