> xposted from AFRIK-IT@LISTSERV.HEA.IE
>  (forwarded on behalf of David Lush)
>  
>  IFEX- News from the international freedom of expression community
>  _______________________________________
>  
>  FURTHER TO ACTION ALERT - ZIMBABWE
>  
>  25 February 1998
>  
>  Concerns rise over freedom of expression implications of new
>  telecommunications bill.
>  
>  SOURCE: Media Institute of Southern Africa (MISA), Windhoek
>  
>  **Please note that this action alert provides additional information
>  to IFEX action alert dated 24 February 1998**
>  
>  (MISA/IFEX) - Media workers and civil society representatives in
>  Zimbabwe have called on the government to amend Zimbabwe's draft
>  communications bill in order to allow for an independent
>  telecommunications and broadcasting regulator that is legally free
>  from state, government or political party control. They would like to
>  see the creation of a body which puts public interest first and has
>  the power to regulate and issue licenses for public, community and
>  private broadcasting services.
>  
>  Concluding MISA-Zimbabwe's  two-day workshop on the liberalization of
>  the airwaves, they called for a regulatory body which would be
>  accountable only to the Zimbabwean people through parliament.
>  According to one resolution released at the end of the workshop, "the
>  public interest should underlie all aspects of communication policy,
>  regulation and operations."
>  
>  Among other issues, the workshop focused on the proposed
>  Communications Bill 1997. The bill specifically excludes the granting
>  of broadcasting licenses from the powers of the Communications
>  Authority.  Clause 33 (2) provides that only the Zimbabwe
>  Broadcasting Corporation (ZBC) shall operate, or have in its
>  possession or control, a broadcast station. This clause effectively
>  retains the ZBC's monopoly over the airwaves.
>  
>  Media workers are worried that by providing for this monopoly and
>  establishing an authority appointed by the Minister of Information in
>  consultation with the President, the bill will undermine attempts to
>  free the airwaves and create an independent authority appointed to
>  regulate broadcasting and telecommunications activities in the public
>  interest. According to them, "in a democratic society... diversity of
>  opinion should be related to the principle of independence.
>  Recognition of this principle is implicit in the establishment of a
>  Communications Authority as a body to regulate broadcasting or
>  telecommunications independently of state or commercial interests."
>  
>  The draft Bill also retains monopoly in telecommunications services,
>  with the exception of cellular phone services, for a successor
>  company of the existing Posts and Telecommunications Corporation
>  (PTC). All shares in the successor company will be held by persons
>  nominated by the Minister of Information on behalf of the state.
>  
>  Other areas of concern over the draft bill are:
>  
>  1. It empowers the State President, under the auspices of either
>  public security or the maintenance of law and order (neither are
>  defined), to order a postal or telecommunications licensee to:
>  
>  -intercept or detain a postal article and deliver it to an employee
>  of the state to be disposed of in such a manner as directed by the
>  President; or -intercept or monitor any telecommunication service; or
>  -the suspension of any telecommunications service or service to a
>  named person.
>  
>  2. It allows a police officer to order that any postal article is
>  detained under suspicion that it may contain evidence, without the
>  requirement of a court order and;
>  
>  3. It provides for a fine of up to 2500 Zimbabwean Dollars and/or
>  imprisonment of up to six months for making a phone call with the
>  purposes of causing annoyance, inconvenience or needless anxiety.
>  
>  The Zimbabwean Government's timetable is to have the bill enacted as
>  law by the end of March 1998. A counter proposal has been drafted
>  with the help of Professor Ncube of the University of Zimbabwe Law
>  Faculty. This proposal, which underlines the principles of public
>  interest and independence will be submitted by MISA-Zimbabwe to the
>  government in the near future.
>  
>  RECOMMENDED ACTION:
>  
>  Send appeals to authorities:
>  -calling for the removal of ZBC's monopoly of the airwaves
>  -urging them not to introduce legislation which stifles, rather than
>  enhances, free speech 
>  -calling for the creation of a democratic and
>  independent telecommunications and broadcasting regulator free from
>  government control 
>  -appealing for a transparent and independent
>  process in selecting the board of the regulator and the PTC's
>  successor telecommunications company
>  
>  APPEALS TO:
>  
>  Rt. Hon. Chen Chimutengwende
>  Ministry of Information, Posts and Telecommunications
>  8th Floor
>  Linquenda House
>  Box CY 1276, Causeway
>  Harare, Zimbabwe
>  Tel: +263 4 706891/3 or 706891
>  Fax: +263 4 720982
>  
>  Rt. Hon. Speaker C. Ndebele
>  Parliament of Zimbabwe
>  Nelson Mandela Avenue
>  P.O. Box CY 298
>  Causeway
>  Harare, Zimbabwe
>  Tel: +263 4 708 921 / 729 722
>  Fax: +263 4 795 548
>  
>  Rt. Hon. Minister Witness Mangwenda
>  Ministry of Justice, Legal and Parliamentary Affairs
>  5th Floor
>  Corner House
>  Samara Machel Avenue
>  Harare, Zimbabwe
>  Tel: +263 4 774 620 -7
>  Fax: +263 4 772 993
>  
>  Please copy appeals to the source if possible.
>  
>  For further information, contact Bright Mwape at MISA, Street
>  Address; 9 Mozart Street, Mailing Address;  Private Bag 13386
>  Windhoek, Namibia, tel:
>  +264 61 232975, fax: +264 61 248016, e-mail:
>  +bright@ingrid.misa.org.na,
>  research@ingrid.misa.org.na, Internet: http://www.misanet.org/.
>  
>  The information contained in this action alert update is the sole
>  responsibility of MISA. In citing this material for broadcast or
>  publication, please credit MISA.
>  _________________________________________
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>  ______________________________________________
>  David Lush
>  PO Box 8828
>  Backbrecht
>  Windhoek
>  Namibia
>  Tel: +264 61 252946 (h) 236970 (w)
>  Fax: c/o +264 61 233980
>  e-mail: shirumbu@iafrica.com.na
>  _______________________________
>  (please note change of address)
>  Duncan Pruett            dmtpruett@igc.apc.org
>  46-48 Rue de la Fourche
>  Brussels 1000
>  Belgium
>  Tel: +32 (2) 219 4520
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>  
In-Reply-To: 199802271539.HAA03893@abraham.xc.org