US embassy cable - 03HARARE1311

UNCLAS SECTION 01 OF 02 HARARE 001311 
 
SIPDIS 
 
SENSITIVE 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PINR, ZI, Media and Communications, Parliamentary Affairs 
SUBJECT: PARLIAMENTARY COMMITTEES EXERT INFLUENCE OVER 
AMENDMENTS BUT RESTRICTIONS ON PRESS REMAIN 
 
 Summary 
----------- 
 
1. (SBU) Amendments to three bills were considered by 
Zimbabwe's Parliament June 12.   Adverse reports were issued 
on each amendment by the Parliamentary Legal Committee (PLC). 
 Two bills passed without objection on June 12 after 
compromises were made prior to the amendments reaching the 
floor. The third bill, contrary to reports in local papers, 
was withdrawn.   In spite of the changes, the Media Institute 
of Southern Africa has expressed concerns about the amendment 
to the law on Access to Information and Protection of Privacy 
(AIPP) arguing that it is too vague and allows GOZ law 
enforcement agencies too wide a latitude to prosecute alleged 
offenders.  The good news is that parliamentary committees 
are working behind the scenes and forcing debate on 
amendments and the ruling party is now responding to adverse 
reports. 
 
Parliament Meets to amend three bills 
-------------------------------------- 
2. (SBU)  For some time Parliament has been considering 
amendments to three laws.  These laws are: Customary Law and 
Local Courts, Citizenship and, the most controversial, Access 
to Information and Protection of Privacy.  USAID officers 
learned that the PLC had issued adverse reports on each but 
that their major concerns were incorporated into the 
amendments.  Unfortunately press reports on the subject 
failed to mention that the PLC's objections were dealt with 
in an earlier venue. 
 
Amendment One to Customary Law and Local Courts Passes 
--------------------------------------------- -------- 
3. (SBU)  The purpose of the amendment to this law was not to 
change the jurisdiction patterns of local courts which have 
authority over customary law.  Rather it was intended to 
allow these courts to enforce their judgments.  In the past, 
once a local court made a decision, it was referred to the 
Magistrate Court for enforcement where it was often delayed. 
Now payments such as child maintenance, should be faster. 
The PLC objected to the original amendment because it limited 
the lifespan of a judgment to two years.  The Ministry agreed 
with the PLC's proposal to do away with the limitation 
altogether. 
 
Amendment Two to Citizenship Law Does Not Go Forward 
--------------------------------------------- ------- 
4. (SBU)  The PLC issued an adverse report because the 
amendment entitled farm workers who come from Zambia, Malawi 
or Mozambique to register as citizens of Zimbabwe.  This 
would have allowed them the privilege of citizenship based on 
job description and origin which violates Section 23 of the 
Constitution which states that no law shall discriminate 
against any person on the grounds of that person's tribe, 
race, place of origin, political views, color, religion or 
sex.  Due to the objections of the PLC, the amendment did not 
go forward though the government owned paper, the Herald, 
reported that it had passed. 
 
Amendment Three to AIPP Passes - Media Watchdog Unhappy 
--------------------------------------------- ---------- 
5.  (SBU) The Access to Information and Protection of Privacy 
law passed last year with its restrictions on the media has 
come in for substantial criticism from human rights and media 
organizations.  The Amendment produced several months ago was 
likewise controversial.  The PLC issued an adverse report and 
as a result many of their recommendations were adopted.  The 
most important of these were the deletion of the provision 
criminalizing the writing of false stories and the provision 
removing independent media organizations from the media 
board.  In a press release issued June 14, the Media 
Institute of Southern Africa (MISA) said that although "it 
was reported that the concerns of the PLC had been addressed, 
MISA-Zimbabwe notes that the passing of the bill does not 
change much in making the law democratic....The law still 
remains lethal in as far as it makes demands for the 
accreditation of journalists and media houses respectively. 
Access to information remains totally closed and much power 
is vested in public officials."  MISA was particularly 
disappointed  that the new amendment expanded the definition 
of a journalist who must register with the Media and 
Information Commission (MIC) to include a number of 
publications and information that would not be normally 
considered part of the mass media such as web pages or 
organizations that distribute information on, for example, 
HIV/AIDS.  Shortly after publication of the press release, 
MISA itself was ordered to register with the MIC although its 
publications are limited to newsletters for its members and 
press releases. 
 
Comment 
------- 
6.  (SBU) During past years, parliamentary committees were 
prohibited from meeting except when Parliament was in session 
but the rule was changed this year and since then, there has 
been a remarkable increase in the number of times the 
committees have met.  Parliament has apparently begun to 
recognize the value of these committees and the ruling 
party's Chief Whip has said that ineffective committee chairs 
will be replaced at the start of the new session in July. 
Those on the chopping block are all ZANU-PF MPs who are on 
the list to be removed for poor performance. (No MDC chairs 
are up for replacement based on poor performance.)  When the 
next session of Parliament opens in July, the quality of the 
new chairs that ZANU appoints to head committees will reflect 
the party's appreciation for the growing strength that 
committees play in the legislative process. 
 
7.  (SBU)  Regarding the Access to Information bill, it 
appears that serious concerns articulated by Parliament were 
addressed, but that the legislation maintains other features 
which restrict and impose government control on the media. 
 
SULLIVAN