An IPI delegation despatched to Lusaka, Zambia (November 23-25) identified several issues which need to be urgently addressed if freedom of expression and freedom of the press are to be truly respected in Zambia.

The members of the delegation – Wangethi Mwangi, Group Managing Editor of The Nation in Kenya, and Peter Goff, Advisor with the International Press Institute – held discussions with several members of the private and state-run media, leaders of media organisations, and several governmental representatives, including the Minister of Foreign Affairs and the Minister of Information and Broadcasting Services.

The gravity of the situation was graphically illustrated by two separate events that were on-going during the visit. The first involved a reporter for the independent Monitor newspaper, Alphonsius Hamachila, who was reportedly badly beaten by cadres of the ruling Movement for Multi-Party Democracy (MMD) in Mazabuka last week after he wrote a lead story which linked the MMD candidate in a parliamentary by-election to corrupt practices. IPI called for a thorough investigation into the incident and urged the government to bring the culprits to justice and to ensure that a climate exists in Zambia where journalists do not feel threatened for carrying out their profession.

The second point of pressing concern was the trial of the 12 journalists from The Post newspaper which opened in the High Court on November 25. (Judge Elisabeth Muyovwe adjourned the trial until December 22 following a request from the prosecution on the grounds that the prosecution witnesses were not available to attend the court. One of the 12 journalists, who had been in South Africa when the article was published, was discharged on a nolle prosequi.) The journalists are charged with espionage following a lead article in the March 9 edition of the paper which questioned the military capacity of Zambia to withstand an Angolan invasion. Speaking today in Lusaka, Wangethi Mwangi of The Nation said: “While it would be inappropriate to discuss the details of this case while the trial is underway, we can draw attention to some internationally-accepted principles relating to freedom of expression. A journalist can clearly not be charged with espionage if the information they published was already in the public domain. Furthermore, no person should be punished on national security grounds for disclosing information if it cannot be established that the disclosure is likely to harm a legitimate national security interest, or if the public interest in knowing the information outweighs the harm from disclosure.”

Many aspects of Zambian law relating to the media impede free expression. The delegates welcomed the comments made by Minister Newstead Zimba, Minister of Information and Broadcasting Services, when he committed himself to removing Zambia’s outdated media laws. In particular, the delegates commended the work being carried out by the Media Law Reform Steering Committee, a part of the government’s Good Governance programme which has set out to identify repressive and inappropriate media laws. H. M. Chisuta, a government representative on the steering committee, encouraged the delegates by indicating that the Chiluba administration was keen to lead the Southern African region in terms of progressive media legislation. IPI Advisor, Peter Goff, said: “Progress is certainly being made and we applaud the members of the steering committee for their work. However, we share the concern of many members of the independent media who fear that, as before, solid recommendations may be blocked or diluted at ministerial or parliamentary level. The legislation needs a radical overhaul. Laws such as the Official Secrets Act, the Emergency Powers Act and the Public Order Act must be repealed as they obviously don’t belong in a democratic society. There is a long list of laws which should be amended or repealed. In particular, the Penal Code needs to be extensively amended and articles such as those which provide for criminal libel or specifically protect the reputation of the President or foreign dignitaries should be revoked. The civil laws of defamation provide adequate protection for any person who feels wrongfully harmed by the media.”

The delegates also called for Constitutional reform to adequately protect freedom of expression and, specifically, freedom of the press. Legitimate restrictions must be clearly and narrowly defined, and necessary in a democratic society, as laid out in international covenants and case law, they said. “The Constitution should also recognise the right of journalists to protect their confidential sources of information, and should guarantee the right of the public to access to official information. For purposes of clarity, a Freedom of Information law should be enacted”, said Mwangi. “The law should designate specific and narrow categories indicating where it is necessary to withhold information in the public interest; and an accessible and independent appeal process should be open to anyone who is denied access to any public information.”

Referring to the state-owned media, Goff said that, “during the meetings, they were often described as ‘government mouthpieces’ or ‘puppets’ by people outside the executive. To allay these criticisms and to facilitate the transition from state-owned to public service facilities, we urge the government to privatise the state-owned newspapers and to establish a truly independent broadcasting authority which would, in a transparent manner, govern these institutions in the public interest and free from political concerns.”

The Minister of Foreign Affairs, Keli Walubita, elaborated on the government’s desire to ensure that the principles of free expression were respected in Zambia. He was, however, critical of elements of the private media which he thought were irresponsible and sensationalist. Minister Walubita commented on the need for a Media Council to which, he felt, all journalists should be answerable. The IPI delegates stressed that bodies regulating and monitoring media content must be voluntary, self-regulating mechanisms. Any other structure is open to abuse and would not be trusted by large sections of the media, they said. As a non-partisan organisation dedicated to furthering freedom of the press and to improving the global standards of journalism, IPI offered to negotiate with all media organisations operating in Zambia to see if a consensus could be reached on maximising the effectiveness of self-regulating mechanisms. Minister Walubita welcomed the initiative on the government’s behalf.