Programme A: Freedom of Expression and the Right to
Information
A1. During the period under review, MISA continued its campaign
for the amendments
of the SADC Protocol on Culture, Information and Sport which was
signed in August 2001. The Protocol in many respects falls short of

what MISA stands for, which is primarily the promotion of media freedom
in the region through the repealing or amendment of anti-media
legislation, including criminal defamation, the promotion of vibrant
and independent media, the establishment of and sustainable management
of community media, and the promotion of legislation that guarantees
access to information.
The other concerns that MISA has about the Protocol is its silence on
broadcasting issues, including regulatory aspects and community
broadcasting. Critical issues of media ownership and editorial
independence of both the public and private media do not feature in the
Protocol. In some cases where these phrases are mentioned the
discussion is sub-standard and vague, to say the least.
Taking into account all these concerns ,MISA questions the sincerity of
the SADC governments’ commitment to media freedom, pluralism and the
growth of a truly diverse media since these countries are signatories
to a multitude of international charters and conventions and therefore
MISA decided to conduct further analysis on the Protocol which

looks at the compatibility of the Protocol with the constitutions
of Namibia, South Africa, Malawi and Mozambique. This analysis
will enable MISA to lobby those countries that will be found
incompatible with their constitutions to amend them. So far five
countries instead of the required nine have ratified the
Protocol. The first draft of the report on the analysis is
already out and it remains to be seen to what extent SADC governments

will observe their responsibility to press freedom in the region.

MISA actively participated in the drafting of the Information
Policies of Namibia, and Swaziland and engaged the Information
Policy of Lesotho by producing a critical analysis and submitting
MISA’s proposals to be included in the Policy document.
During the period – January to March 2003, MISA commissioned a
media law audit
on the Lesotho Media Law and a draft media law audit report has
since been produced.
A workshop with legislators will take place in July 2003.
The Regional Secretariat in conjunction with the SADC
Parliamentary Forum organised
a regional conference on the Promotion of Freedom of Expression
and Human
Rights through Legislative Action, in Lusaka in October, 17-19,
2002. The
conference brought about 74 participants from the SADC region
including Members of Parliament from the region, prominent

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