US embassy cable - 02HARARE63

UNCLAS HARARE 000063 
 
SIPDIS 
 
AF/PD FOR COX, ROBERTSON, SCHLACHTER, AF/S FOR KRAFT, AF/P, 
INR/R/MR, NSC FOR JENDAYI FRAZER 
 
E.O. 12958: N/A 
TAGS: ZI, PREL, PHUM 
SUBJECT: MEDIA REPORT: TWO CONTROVERSIAL BILLS TO BE TABLED 
IN PARLIAMENT THIS WEEK; HARARE 
 
 
1.   TWO CONTROVERSIAL BILLS - THE ACCESS TO INFORMATION AND 
    PROTECTION OF PRIVACY BILL AND THE PUBLIC ORDER AND 
    SECURITY BILL (POSB) - ARE PREPARED FOR TABLING IN 
    PARLIAMENT THIS WEEK.  PARLIAMENT RESUMES BUSINESS ON 
    JANUARY 8 AFTER A THREE-WEEK BREAK.  WHILE THE ACCESS 
    TO INFORMATION BILL SEEKS "TO REGULATE THE OPERATIONS 
    OF THE MEDIA, ESPECIALLY THE PRIVATE PRESS," THE POSB 
    COMES BACK TO THE HOUSE SEEKING TOUGHER MEASURES TO 
    DEAL WITH "ACTS OF TERRORISM AND PUBLIC VIOLENCE."  THE 
    SAME BILL WAS DEBATED AND PASSED BY PARLIAMENT THREE 
    YEARS AGO, BUT PRESIDENT ROBERT MUGABE DECLINED TO SIGN 
    IT INTO LAW.  THE TWO BILLS HAVE BEEN CRITICIZED AS 
    "UNCONSTITUTIONAL." 
 
2.   ACCORDING TO THE ZIMBABWE CHAIRPERSON OF THE MEDIA 
    INSTITUTE OF SOUTHERN AFRICA (MISA), RAYHANA MASTERS-SMITH, 
    CONSTITUTIONAL LITIGATION AGAINST THE GOVERNMENT IS ON THE 
    CARDS IF PARLIAMENT PASSES THE ACCESS TO INFORMATION AND 
    PROTECTION OF PRIVACY BILL.  AMONG THE ORGANIZATIONS READY 
    TO FILE THEIR SUITS THE MOMENT THE BILL IS PRONOUNCED LAW 
    INLCUDE MISA, THE LAW SOCIETY OF ZIMBABWE (LDZ), THE 
    FEDERATION OF AFRICAN MEDIA WOMEN OF ZIMBABWE (FAMWZ), THE 
    LEGAL RESOURCES FOUNDATION (LRF), AND THE HUMAN RIGHTS 
    LAWYERS OF ZIMBABWE (HRLZ).  THE BILL, WHICH WAS GAZETTED 
    BY THE GOVERNMENT ON NOVEMBER 30 LAST YEAR, HAS BEEN 
    ROUNDLY CRITICIZED AS "UNCONSTITUTIONAL AND DESIGNED TO GAG 
    THE OPERATIONS OF THE PRESS, ESPECIALLY THE PRIVATE MEDIA." 
    THE ARGUMENT BY THE CIVIC AND MEDIA ORGANIZATIONS IS THAT 
    WHILE THE BILL OSTENSIBLY PURPORTS TO GIVE THE PEOPLE, AND 
    THE MEDIA IN PARTICULAR, THE RIGHT TO INFORMATION HELD BY 
    PUBLIC BODIES, IN REALITY IT SUFFOCATES THE MEDIA AND 
                       UNCLASSIFIED 
 
PAGE 03        HARARE  00063  081055Z 
    GUARANTEES TOTAL SILENCE ON ISSUES OF PUBLIC CONCERN. 
 
3.   THE TWO BILLS ARE EXPECTED TO BE FAST-TRACKED THROUGH 
    PARLIAMENT THIS WEEK, AS THE RULING ZANU PF GOVERNMENT HAS 
    THE REQUIRED SINGLE MAJORITY TO PASS ANY PIECE OF 
    LEGISLATION. 
 
SULLIVAN 
 
                       UNCLASSIFIED 
 
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