MISA ZAMBIA E NEWS by MISA Zambia zambia

January 1 to Mach 31, 2009

MISA Zambia donates radio equipment worth 172 582 US dollars By Nshamba Muzungu

During the equipment unveiling ceremony:MISA Zambia chairperson for print Joseph Mkandawire (m), having a light moment with DIAKONIA country representative Dorcas Mbozi (R) and Irish Aid Good Governance Advisor Andrew Bowden (L).

Government stops issuing broadcasting licences By Brian Lingela

he Ministry of Information and Broadcasting Services (MIBS) has with immediate effect stopped issuing broadcasting licenses to new applicants saying it is working towards the establishment of the Independent Broadcasting Authority (IBA) that will soon take over the licensing function of all broadcasters in the country. Ministry of Information and Broadcasting Services Director for Press, Public

Relations and Planning Juliana Mwila confirmed the development in a telephone interview with the Media Institute of Southern Africa (MISA) Zambia on 27 February 2009. Mwila said the decision was linked to President Rupiah Banda’s address to Parliament on 16 January 2009 in which he announced that Government would review the licensing framework to allow existing and new broadcasters, both radio and television to cover more of the country in terms of signal coverage and the

appointment of boards for both the IBA and ZNBC. She said until a new licensing framework had been established, there will be no granting of new licenses. “We are only giving licenses to those that applied sometime back and not new ones. New ones will have to wait for the new licensing framework,” she said. Continued on page 3

PROMOTING MEDIA FREEDOM IN ZAMBIA

n 4 March, 2009, the Media Institute of Southern Africa, (MISA) Zambia unveiled radio equipment worth 172 582 US Dollars (K606 311 679) that has been procured for 11 community radio stations under the Radio Good Governance Project and Strategic Planning and Equipment Support for Community Radio Stations (SPECSCRA) project respectively. Speaking at the unveiling ceremony in Lusaka’s industrial area on 4 March 2009, MISA Zambia chairperson Henry Kabwe said that the funding from Irish Aid and Diakonia under the Radio & Good Governance and SPESCRA project is what had made the purchase of the equipment possible. Under the equipment consignment, a total of US$ 97 659 (K351 573 479) has been spent under Irish Aid support, and US$ 74, 923 (K 254 738 026) under Diakonia. The equipment included among other things, FM Continued on page 3

January 1 to Mach 31, 2009

Chairperson’s Remarks

Contents 1. MISA Zambia lobbies NCC

2. MISA Zambia conducts training for ZNBC staff

3. 2008 MISA Zambia awards

4. Government officials praise MISA Zambia

5. Minister calls for statutory regulation of the media

6. Report on the Democratic Governance Committee of the NCC

7. Media bodies lobby Minister of media law reforms

8. Report on the Human Rights Committe of the NCC

9. Photo focus of the equipment distribution

17/18

Editorial Team Fanwell Chembo Brian Lingela Jane Da Silva Nshamba Muzungu Design & layout by Nshamba Muzungu

ISA-Zambia is a non-governmental organisation dedicated to promoting media freedom and diversity in Zambia. It is the Zambian chapter of the Media Institute of Southern Africa (MISA), based in Windhoek, Namibia. MISA was established in September 1992 with the aim of promoting free, independent and pluralistic media as envisaged in the 1991 Windhoek Declaration [www.misanet.org]. It has 10 other chapters in the Southern Africa Development Community (SADC) region, namely: Zimbabwe, Botswana, Malawi, Angola, Mozambique, Swaziland, Lesotho, Tanzania, Namibia and South Africa. MISA News is a quarterly publication of the Media Institute of Southern Africa, Zambia chapter. Articles in MISA News do not necessarily represent the views of MISA Zambia. Contributions and comments should be addressed to: Information/Research Officer MISA Zambia Plot 3814, Martin Mwamba Rd Olympia Park P.O.Box 32295, Lusaka Tel: 292096 Telefax: 292096 E - mail: info@misazambia.org.zm Www.misazambia.org.zm PAGE 2 MISA News

e are living at a time when the best or worst could come out of our efforts to change the media landscape in Zambia in terms of the legal, policy, sustainability and ethics frameworks. The backdrop to this sentiment is the realisation that more attention is being given to the media by politicians, their cadres and the general public. It is now normal to hear things reported by the media about the media. This is in terms of conduct, media development, legal review and other such challenges. This is the year we shall either see the advancement of media development through new laws and a better constitution or a drawback if enemies of media freedom prevail against us. For us, it is an opportunity to show the people that there is nothing for the media that does not affect people in our beautiful country. Legal reforms, policy provisions and the media landscape may work against us if people who always think about themselves and what they have to benefit from politics come up with provisions to stifle the media. However, the reassuring thing is that media bodies in Zambia have never been this united. Some may argue to say the media bodies have always tried to work together and such efforts have hit a snag. The important thing is that we are united in trying to ensure that we are protected from manipulation and suffocation at a time when the country is drawing up a new constitution and the aura around media has reached its peak. Press freedom has been tested…lessons have been learnt…political interests are targeting the media legally and physically…media bodies are also doing everything possible to protect the media. As MISA Zambia, we continue contributing to the empowering of beloved Zambians by equipping their main sources of information with equipment and other

PROMOTING MEDIA FREEDOM IN ZAMBIA

governance requisites to ensure sustainability and impact. We also went further to empower journalists from the Zambia National Broadcasting Corporation (ZNBC) by doing a development journalism course that saw Prof. Fackson Banda of Rhodes University come to share his knowledge. As long as government, particularly the Ministry of Information and Broadcasting Services, remains open for dialogue and shows commitment to implement, we shall continue to engage in collaboration with other media bodies. There are many challenges we need to address together and I am happy that the Minister of Information has identified the need to revamp the print media industry in the nation. The industry continues to slump and there is little or no hope for those that are trying to penetrate the market. In all these programmes, we have chosen to lead in implementing gender protocols and we hope to share the adopted HIV and AIDS and Gender policies for our other institutional members to apply. Since MISA Zambia was once on the wrong footing in this fray, it became necessary to scale up our commitment to ensure that gender is mainstreamed in our programmes. The women in the National Governing Council (NGC) continue receiving the necessary support and there is more commitment to recruiting female journalists into MISA. It is actually encouraging to note the women that are successfully running publications as we have noted in one of the stories. We need more of such enthusiasm from them. At the end of the day, we shall die chanting the old age slogan: ‘Viva press freedom’. Happy reading! MISA Zambia Chairperson Henry Kabwe

January 1 to Mach 31, 2009

MISA Zambia donates radio equipment worth 172 582 US dollars Continued from page 1

transmitters (complete with all accessories), audio consoles, antenaes, field recording kits, computers, and other studio and production equipment. Other equipment purchased earlier include motorcycles and generator sets. He said that a total of 15 community radio stations continue to benefit under the Radio & Good Governance project while 5 others have benefited under the SPESCRA project. Kabwe stated that the support from the two partners had gone beyond purchasing equipment to include among others, training, strategic planning, audience surveys and production of radio programmes on governance, gender and HIV/AIDS issues in which communities have used the community radio stations to demand improved governance and participation in development. “The overwhelming gesture from the Irish Aid and Diakonia need to be complemented by all stakeholders to support the growing community radio sector in Zambia. We realize that there are several other community stations that have come into existence that fall outside the support of the two projects that could not benefit due to resource constraints,” Kabwe said. He said that stakeholders including local communities, donors and the government need to participate in finding ways of sustaining community radio stations. Kabwe said the advantages of having a community radio station in a given community

outweigh the sustainability challenges they face, saying that MISA Zambia believes in a pluralistic and diverse media environment where freedom of expression becomes a reality for the grassroots. He expressed concern that a number of intended community radio stations that have applied for new broadcast licences have not been granted the licences because Ministry of Information and Broadcasting Services had halted issuance of the licences pending setup of the Independent Broadcasting Authority (IBA). He urged the Ministry to quickly make the body operational so that licence issuance could resume. He also expressed gratitude to the government through the Ministry of Finance and

National Planning for waiving duty on the procured equipment and further appealed to them to extend this goodwill to all such importation of broadcasting equipment as a way of enhancing the growth of the sector. Speaking at the same occasion, Irish Aid Governance Advisor Andrew Bowden, said that Irish Aid was happy to have partnered with MISA Zambia on the project because it would improve the lives of people across the country. Also speaking at the occasion, Diakonia country representative Dorcas Mbozi, said that her organization considered MISA Zambia as a strategic partner and was happy with the work that the organization had done over the years.

Ms. Mbozi pledged her organization’s commitment to help MISA Zambia and encouraged the institution to do more so that more communities can benefit. The radio stations which have benefited include; Zambezi FM, Mosi-OTunya, Sky FM and Chikuni in Southern province; Radio Maria, Pasme, Explorer and Radio Chikaya in Eastern province, radio Yangeni (Luapula province), Radio Mano (Northern province) and radio Maranatha (Central province). Seven other stations in Western, Southern and NorthWestern provinces are yet to benefit from the Irish Aid support.

Government stops issuing broadcasting licences

Continued from page 1

Asked when the IBA will be established, Mwila could not give a timeframe but said progress had been made towards the establishment of the long awaited broadcast regulatory authority. “There is a lot of progress. A Cab Memo (Cabinet Memorandum) has already been circulated. Very soon Cabinet will sit and then we will proceed,” she said before hastily ending the conversation. MISA Zambia was following up complaints from some new applicants who feel this might be a deliberate ploy by government to prevent new applicants from entering the market. Regulation of broadcasting in Zambia has been undertaken by MIBS in a caretaker

capacity pending the establishment of the IBA, that has dragged since 2002 when the IBA Act No. 17 of 2002 was assented to by late President Levy Mwanawasa. MISA Zambia raised concern about this development and called for the immediate setting up of the IBA. “The dilemma has been caused by delays in implementing the IBA Act. In the end it is unfair that the community radio stations should bear the consequences of the delays they did not cause. Let me therefore appeal to the government to quickly implement the IBA Act, said MISA Zambia’s Henry Kabwe in a media statement. On 16 January 2009, President Rupiah Banda announced when he opened

PROMOTING MEDIA FREEDOM IN ZAMBIA

Parliament that government will review the license system to allow existing and new broadcasters, both radio and television to cover more of the country and ensure competition in the sector. President Banda promised that Government would also make appointments of boards of the Independent Broadcasting Authority (IBA) and the Zambia National Broadcasting Corporation (ZNBC) in 2009.

MISA News PAGE 3

January 1 to Mach 31, 2009

MISA lobbies NCC Human Rights Committee to adopt media progressive provisions By Jane Da Silva

he Media Institute of Southern Africa (MISA) Zambia in partnership with MISA Regional Office on 9 February 2009 held a lobbying workshop for targeted National Constitutional Conference (NCC) Human Rights Committee members with the objective of lobbying them to support and adopt the Access to Information and progressive media provisions in the Mungomba Draft Constitution of 2005. Speaking during a presentation on the Access to Information legislation, MISA Regional Media Law and Freedom of Expression Specialist Mrs Sampa Wilkie, stated that the Access to Information legislation was vital for all Zambians because it would enhance citizens’ right to participate in the governance of their country. Wi l k i e s a i d t h e F O I legislation would give the citizens the legal right to demand information on issues that affeced them daily such as access to good health facilities, access to clean water, access to better housing and generally how the country’s resources are being utilized among others. “The FOI legislation is not only for the media as is the presumption, it is a piece of legislation that seeks to allow citizens’ access to public information held by public bodies,” she explained. Mrs Wilkie went ahead and stated the five principles that underpin the Access to Information legislation. “Freedom of Information operates under the principles of; 1 Maximum disclosure, where public bodies must disseminate information relevant to public interest; 2. Minimum exemptions, where reasons for secrecy must be clearly and narrowly defined by laws; 3. Public interest override, where information must be released if it threatens, among others; human rights, public health the environment or reveals corruption 4. Simple, affordable and quick access procedures, PAGE 4 MISA News

where information is provided at a minimum cost or no cost in order to facilitate its free flow; and 5. Effective enforcement, where Freedom of Information is administered by an independent oversight body with mechanisms for appeal,” she said. During the plenary of the workshop, a number of concerns were raised around the FOI legislation and also on the provisions in the 2005 Draft Constitution. Dante Saunders, a political activist raised concern on the conduct of the media stating that their alleged unprofessional conduct during t h e 3 0 O c t o b e r, 2 0 0 8 presidential by-election and its continued disregard of citizens’ rights was making it difficult to support the press on issues of access to information. “The private media in Zambia has become too powerful and are disregarding citizens rights, as it stands, the state media is even better because one can challenge it and it will not attack you,” Saunders complained But Saunders was quick to state that he was behind the media and would support progressive media laws including the FOI and urged MISA Zambia to make a presentation to the Human Rights Committee in order for more people on the committee to learn about the FOI and see the need to adopt the media provisions in the 2005 Draft constitution. He urged MISA Zambia to engage the media and urge them to be ethical and professional in their reporting. And a Member of Parliament for Samfya, Joseph Kasongo said that the media must stop playing double standards. He said the media once lobbied the MPs to legislate media laws but as soon as they began the process, the media complained that the MPs had hijacked its idea. And Pastor Edwin Namakando called for sensitization of the politicians because they assumed that the FOI Bill was a weapon that

United Liberal Party President Sakwiba Sikota attended the workshop

MISA National Director Fanwell Chembo (L) and Samfya MP Joseph Kasongo (R) during the workshop

would enhance the selfish agenda of the media as opposed to being a development oriented and progressive legislation where transparent governance of the country would be enhanced. Pastor Namakando also raised concern as to what kind of information would be accessed as the provisions in the draft stated that anyone had the right to request for information held by public bodies. He said that the security of the country could be at stake if that was the case. Reverend Namakando also raised concern on why the media sought to have Freedom of Information when they wanted the article that protects journalists from revealing sources to be adopted. The participants raised concern on the lack of limitations in the draft

PROMOTING MEDIA FREEDOM IN ZAMBIA

constitution were the FOI provision was concerned, however MISA Zambia NCC representative Nyambe Muyumbana explained that the derogations were provided under Article 76 of the draft constitution. The other concern was the retraction when the media injure unfairly any member of society in Zambia, but Wendy M Ngushi said that there were provisions for retraction in the draft if one had been unfairly injured by the media through untruthful reports. And MISA Zambia Information Officer Jane Chirwa Da Silva said MISA Zambia was engaging the media on issues of ethics to address the gaps in the media as regards ethics.

January 1 to Mach 31, 2009

MISA Zambia partners with ZNBC on development journalism By Brian Lingela

he Media Institute of Southern Africa (MISA) Zambia held a three-day Development Journalism Workshop for Zambia National Broadcasting Corporation (ZNBC) staff at Alliance France in Lusaka aimed at introducing ZNBC news and current affairs personnel to the practice of development journalism within the context of Public Service Broadcasting (PSB). When he officiated at the workshop that ran from 23 to 25 February, 2009, MISA Zambia Chairperson Henry Kabwe welcomed the partnership saying MISA Zambia and ZNBC should be involved in development journalism in order to contribute to the development of Zambia. “This is very important particularly for an institution that reaches all corners of the country. Your new skills will have a tremendous impact on the people of Zambia by facilitating and transforming people’s lives,” Kabwe told participants drawn from all local and English sections of ZNBC. He said MISA Zambia was keen to contribute to Zambia’s development through an empowered media and emphasized that there cannot be development without a free and empowered media. ZNBC Director of human resource development Sepiso Kwaleyela said the topic of Development Journalism had come at an opportune time when ZNBC needed to cover the entire nation. “ZNBC is well placed to help the nation know the developmental challenges and events taking place in the country and the workshop could not have come at a better time

than this,’ she said Kwaleyela observed that workers needed constant sharpening of skills to fulfill the ZNBC mandate as a national broadcaster. And Prof Fackson Banda, SAB MILLER LTD-UNESCO chair of Media & Democracy in the school of Journalism & Media Studies of Rhodes University in South Africa and former executive director of PANOS Southern Africa, who facilitated the workshop, said the programme was focused on enabling journalists to ask more difficult questions and thinking more critically about their work. Prof. Banda said although development journalism at ZNBC was problematic because of the structural matters that needed to be resolved such as the transformation of the institution into a truly functional public broadcaster, ZNBC had tremendous potential to implement development journalism. And MISA Zambia National Director Fanwell Chembo said MISA Zambia was committed to development journalism and urged participants to ensure that they accommodated all voices in their programmes. In a vote of thanks, Mbingila Chikumbi, a Senior Producer in Luvale section thanked ZNBC management for the opportunity to learn, saying participants had learnt so much from the workshop and from each other and now had one goal of implementing Development Journalism. “We hope this is not the end but the beginning. We hope to continue with the issue of development journalism in the

Prof Fackson Banda (middle) with MISA National Director Fanwell Chembo (L) and ZNBC Director of Human Resources Sepiso Kwaleyela

ZNBC staff worshop participants pose for a group photo after the training near future,” she said. Among the resolutions, participants called for the development of a policy on Development Journalism at ZNBC, that ZNBC partners with MISA Zambia to produce documentaries and other programmes and that the ZNBC (amendment) and IBA Acts should be implemented as soon as possible so that ZNBC could become a truly functional PSB. The workshop was attended by eighteen (18) ZNBC staff drawn from the newsroom, Television, Radio 1, Radio 2

PROMOTING MEDIA FREEDOM IN ZAMBIA

and Radio 4 and included an assignment editor, senior producers, producers, programme organizers, reporters and announcers from radio and television channels of the institution.

MISA News PAGE 5

January 1 to Mach 31, 2009

MISA Zambia holds its 7th Annual Media Awards O By Nshamba Muzungu

n February 13, 2009 the Media Institute of Southern Africa (MISA Zambia) held its seventh annual media awards presentation ceremony which saw eleven local journalists walking away with trophies and cash prize money at a colourful cocktail ceremony held at Mulungushi International Conference Centre in Lusaka. The prestigious awards which were graced by the Minister of Information and Broadcasting Services, Lieutenant General Ronnie Shikapwasha were witnessed by the Germany Ambassador, Dr Ireen Henrichsen, Irish Aid Good Governance Advisor Andrew Bowden and senior media representatives. The MISA Zambia 2008 media awards presentation ceremony was held in 2009 instead of November, 2008 in order to facilitate more entries from media houses especially those in the rural areas. Frank Mutubila, a veteran broadcaster received the highest media award under the MISA Zambia media awards. Mutubila, was awarded with the MISA Zambia Best Media F r e e d o m Aw a r d f o r h i s outstanding contribution to the media industry for over 30 years in both radio and television programmes. He walked away with a trophy and three million Kwacha prize money sponsored by Zain Zambia. Others who got awards sponsored by Zain Zambia include; Newton Sibanda of Daily Mail for the Best Print Media Reporting Award, Maybin Katungula of Yatsani received the Best Radio Reporting Award, the Best Television Reporting Award PAGE 6 MISA News

Minister of Information Lt. Gen. Shikapwasha congratulates Abel Mambwe of The Post while Zain Marketing Director Evans Muhanga hands him the trophy. Looking on is MISA Regional Office Media Law Specialist Sampa Wilkie

went to Wamunyima Muwana of ZANIS while Abel Mambwe of The Post Newspapers scooped the Best Photojournalism award and the Best Telecommunication Reporting award went to Hope Chishala of Hot FM. In the two million Kwacha worth HIV/AIDS awards category sponsored by Zambian Breweries, Masuzyo Chakwe of The Post Newspaper received the Best HIV/AIDS Print Media Reporting Award for the second year in succession; Chanda Katongo of UNZA radio scooped the Best radio reporting award while Cephus Moonga got the Best Television reporting award. The Germany Embassy s p o n s o r e d Wa t e r a n d Sanitation award went to Window Images Media while the Anti-Corruption Commission, ACC sponsored Best Anti-Corruption Reporting awards was awarded to Susan Ndumingu of ZANIS for a documentary she

produced for the Auditor General’s Office trailing the misappropriation of funds and its effects on Zambia’s development. And speaking at the event, Gen. Shikapwasha said that the government was cognizant that a free media was an important partner in entrenching democracy and enhancing development. “It is for this reason that my government will continue to encourage a plural and diverse media in the country. This is the only way citizens will have access to a wide range of information and ideas that will enable them participate in a democratic space.” Shikapwasha stated. Shikapwasha observed that since the liberalization of the broadcasting sector in 1994, there had been good development in the electronic media which now boasts of 37 radio and six television stations but noted that there was still room for other players. On the other hand the

PROMOTING MEDIA FREEDOM IN ZAMBIA

Minister bemoaned the limited growth in the print media sector which he largely attributed to the high operational costs. However, he stated that the government was open to discussion with the media to find ways to enhance growth in the sector. “Despite this tremendous growth in the electronic media sector, I am sad to note that there has been limited growth in the print media sector. It is also sad that a lot of newspapers come and go immediately after they are established due to, among other factors, high operational costs,” He lamented. He stated that it was heartening to learn that despite the day to day challenges that the media was faced with, it still did its best to reach the citizenry. Gen. Shikapwasha further said that the awards highlighted the fact that the media still have tremendous

January 1 to Mach 31, 2009 MISA Zambia holds its 7th Annual Media Awards potential to produce quality and relevant output that is capable of contributing to the promotion of good governance, democracy and development in the country. The Minister also expressed concern at the declining levels of professional conduct by some sectors of the media adding that the concern has reached levels whereby some parliamentarians were Thomas Carter of the British High Commission

Andrew Bowden from DCI

Dr Irene Henrichsen: German Ambassador

calling for statutory regulation of the media. He reiterated that it was not the intention of the government to regulate the media and urged the media fraternity to find ways of regulating itself. Shikapwasha however, said that government would like to see all media organisations subscribing to the Media Ethics Council of Zambia (MECOZ)or any other self regulatory body would be formed in upholding ethical and professional reporting. The Minister also thanked

Hot Fm journalist and presenter Hope Chishala being congratulated by MISA chairperson

and commended the corporate world for showing good corporate responsibility in sponsoring the media awards. “Thanks to companies like Zain Zambia, Zambian Breweries, Zambia state Insurance Corporation (ZISC), the Anti-Corruption Commission (ACC) and Zambeef among others for their support. It is not always about making profit but giving back to the community as well,” he said. He also commended MISA Zambia for organizing the awards saying that it was a demonstration of the desire to improve the journalism professional standards in

Daily Mail’s Newton Sibanda walks away with the best print reporting award

Frank Mutubila giving a speech after being awarded with the MISA Zambia Best Media Freedom award

PROMOTING MEDIA FREEDOM IN ZAMBIA

Zambia through such competitions. MISA News PAGE 7

January 1 to Mach 31, 2009

MISA Zambia is a partner in development - Kawimbe By Chanda Mfula

ISA Zambia has not just been challenging government on media law reforms, but has gone a step further in improving capacities of community radio stations, Luapula province Minister Boniface Kawimbe has observed. In a speech read for him by Luapula Permanent Secretary Jazzman Chikwakwa at the handover ceremony of broadcasting equipment to Radio Yangeni in Mansa on 8 April 2009, Dr Kawimbe described MISA Zambia as a development partner. He explained that the equipment donated by MISA Zambia to the radio station would enhance the efficacy of Radio Yangeni in terms of service to its listeners. Meanwhile, Dr Kawimbe has said that government is committed to the development of a vibrant community radio sector because of its key role in setting the development agenda. “We regard community radio as a necessary tool for development. This development is done by facilitating dialogue on many issues affecting communities,”

Dr Kawimbe said. He pointed out that Radio Yangeni had assisted the community to address some of the problems through raising awareness on issues such as gender, literacy and health. Dr Kawimbe explained that community radio had the potential to mobilize communities and had the capacity to mobilize people to take charge of their development. And MISA Zambia chairperson for environment Talent N’gandwe stated that his media body was committed to the development of the community radio sector in Zambia. He said it was for this reason that MISA Zambia was undertaking training to build capacities of the stations in MISA Zambia chairperson for Environment Talent Ngandwe (R) handing management and programme over a portable recorder to Fr. Mike Meritzi while Luapula permanent production. secretary Jazzman Chikwakwa (M) looks on. N’gandwe stated that MISA heavy capital requirement. MISA Zambia for Zambia was compelled to He bemoaned government’s supporting the radio station donate equipment to the station failure to implement the through capacity building because the community radio Independent Broadcasting and equipment donation. sector was dogged with a Authority (IBA) Act and the Radio Yangeni received number of challenges Zambia National Broadcasting portable recorders and some especially in terms of Corporation (ZNBC) Act, studio equipment as an sustainability. He added that it saying this had affected the initial donation and is was hard to set up a community growth and freedom of the expected to receive more radio station in Zambia due to media in the country. studio equipment from long procedures involved and Fr Oswald Chansa thanked MISA Zambia soon.

Northern Minister hopeful of Radio Mano expansion By Chanda Mfula

orthern Province Minister Charles Shawa has expressed hope that Kasama’s Radio Mano will be allowed to expand its reach to other districts in the Northern Province. And Radio Mano Chairperson, Martin Chanda has said that the station has learnt valuable lessons from the difficult stages it had been through in the past. In a speech read on his behalf by Kasama District Commissioner Colonel Stephen Chanda, during the official handover of broadcasting equipment to Radio Mano by MISA Zambia on April 6, 2009, Shawa observed that Radio Mano had been instrumental in empowering the local people

with information. He assured the communityowned and run radio station to feel free to approach his office whenever they faced problems, stressing that the government remained supportive of providing a conducive environment for the station to operate effectively. “I do know that you have been approached by a lot of people to extend coverage to most of our districts in Northern Province. This one I’m pretty sure would be dealt with in the near future. I’m aware that that this time and age people need information as you may be aware that information is power,” Shawa said. He noted that Radio Mano played a major role in sensitizing the community on Continued on page 9

PAGE 8 MISA News

Kasama district commissioner Stephen Chanda (R) officiating at the handover ceremony which was also witnessed by Broadcast Chairperson Mulenga Kabiti (seated (L)

PROMOTING MEDIA FREEDOM IN ZAMBIA

January 1 to Mach 31, 2009 Northern Minister hopeful of Radio Mano expansion Continued from page 8

MISA Programme Officer Chanda Mfula (R) explains the use of a radio gadget.

Radio Yangeni, MISA Zambia and government officials pose for a group photo

Women were not left out of the celebrations

MISA Zambia Programme Officer Chanda Mfula second from (R) with board member Mulenga Kabiti (R) displaying the console donated to radio Mano.

Board member Talent Ngandwe (R) hands over equipment to Fr. Mike Meritzi of radio Yangeni

MISA National Director reading a speech at radio Yangeni equipment handover ceremony

Kasama district commissioner Stephen Chanda second from left during unveiling of the equipment

A local dance group performing during the handover ceremony at radio Mano

PROMOTING MEDIA FREEDOM IN ZAMBIA

governance, corruption, defilement, gender, HIV/AIDS and many other issues. Meanwhile the Minister has urged Radio Mano to look after the equipment from MISA and put it to good use. And Chanda has declared that his radio station has come of age and will effectively put all their previous troubles behind them. In an apparent reference to the squabbles and reports of mismanagement of resources that threatened to tear the provincial capitalâ&#x20AC;&#x2122;s only radio station, Radio Mano chairperson said valuable lessons had been learnt from the incident. He thanked Irish Aid, MISA Zambia, Anti-Voter Apathy Project (AVAP), the government and other stakeholders for supporting the radio station. Meanwhile MISA Zambia National Director Fanwell Chembo said MISA reposed a lot of trust in the community radio station and was committed to its success as evidenced by the media bodyâ&#x20AC;&#x2122;s frequent visits to the station to help it resolve its problems. Chembo noted that there was improvement each time he visited Radio Mano and warned naysayers to stop disturbing the radio station and allow it to progress. And speaking at the same occasion, MISA Zambia Chairperson for broadcasting Mulenga Kabiti appealed to the government to move quickly and enact the Freedom of Information (FoI) bill and operationalize the Independent Broadcasting Authority (IBA) Act and the Zambia National Broadcasting Corporation (ZNBC) Act to enhance the freedom of the media in Zambia. Radio Mano received studio equipment worth over 13, 500 U.S Dollars that included broadcast consoles, CD player and studio speakers. MISA News PAGE 9

January 1 to Mach 31, 2009

MKUSHI DC PRAISES MISA

Some of Radio Mkushi community radio staff and board members who attended the management training Speaking when he By Chanda Mfula presented certificates to kushi District managers and board members Commissioner Kunda of Mkushi Community Radio Mwila has urged members of who participated in the MISA staff at Radio Mkushi to put into Zambia funded management practice the knowledge training workshop, Mr Mwila acquired from the management observed that MISA Zambia training programme conducted had for a long time been a key by MISA Zambia to improve partner in the development of their station’s operation.

the media, adding that the role played by the media body needed to be complemented by other stakeholders including the business community. He implored the business community in Mkushi to play their role in media development by supporting Mkushi Community Radio in its quest for self-sustainability. Mwila urged the media to be ethical and professional in carrying out their duty of providing information to the communities. He advised Mkushi Community Radio to produce more programmes on agriculture, tourism, development and HIV/AIDS issues. He appealed to the community not to leave the

running of the radio station in the hands of a few elected board members, but provide support in an ongoing manner. He said this would ensure good management practices at the community radio station. He urged MISA Zambia to continue supporting the radio station. MISA Zambia held a threeday management training workshop at Mkushi Community Radio under the Irish Aid funded Radio and Good Governance Project from 16 to 18 February 2009. This was after holding similar training sessions at Radio Mano in Kasama and Radio Yangeni in Mansa from 2 to 4 and 9 to 11 February 2009, respectively.

Radio Chikaya’s coverage goes back to 150 km radius By Chanda Mfula

undazi District Commissioner Masautso Banda has commended MISA Zambia for its timely intervention in Radio Chikaya’s transmission problems. He said this in a speech read for him by Lundazi District Education Board Secretary, Kondwani Nyirenda, on March 23, 2009, during the official handover of transmission equipment to Radio Chikaya by MISA Zambia. Banda said Chikaya had been broadcasting to a very small area around the town centre using a 54watt exciter from the time its transmitter broke down. He explained that the station had lost revenue from advertising due to reduction in its coverage area. The DC encouraged MISA Zambia and Irish Aid to continue helping community radio stations in Zambia owing to the pivotal role they played in development and good governance in the community. “The transmission equipment donated by MISA Zambia will MISA News PAGE 10

change the gloomy picture once again as it would enable Chikaya .to resume broadcasting to the farther areas it used to reach.” He said. Chikaya was given a transmitter of 500-watt capacity capable of boosting the radius of coverage to around 150 km, an audio processor, a set of four antennas, and other accessories. Banda announced that Chikaya had held its Annual General Meeting (AGM) at which a new board was elected. Banda expressed happiness with the new Chikaya board which he said was already showing glimpses of brilliance and hard work after they secured a new plot for the radio station just a few days after being elected. And newly elected Chikaya board Chairperson Fanson Botha asked the traditional rulers and area Members of Parliament to consider allocating part of the Constituency Development Fund (CDF) to the radio station to enable them complete building the studios at the new plot. Botha, who described himself as a professional comedian and spoke mostly in

Tumbuka, sent people in continuous roars of laughter with his sense of humour that punctuated his speech. He also had a word of caution regarding the HIV/AIDS pandemic, cautioning the local people against indulging in extra marital affairs. Preaching abstinence for the unmarried, Botha lamented that the HIV virus had cost Lundazi district a lot of skilled men and women. And MISA Zambia Chairperson Henry Kabwe noted that community radio stations have effectively filled the information gap created by the absence of national radio. Kabwe said that various communities preferred local to state-owned radio because the former was viewed as reliable due to their independence from government control and proximity to the people they broadcast to. The MISA Zambia Chairperson reiterated his organisation’s commitment to supporting community radio stations in the country not only through funding but also by providing training, and advocating for a better media

PROMOTING MEDIA FREEDOM IN ZAMBIA

legal environment. Also present during the equipment handover were Senior Chief Magodi, and Chiefs Mphamba and Phikamalaza. Chikaya was given a transmitter of 500watt capacity capable of boosting the radius of coverage to around 150 km, an audio processor, a set of four antennas, and other accessories. Meanwhile, on 24 March 2009 MISA Zambia officially handed over broadcasting equipment to Radio Maria in Chipata’s Eastern Province. The equipment was presented by MISA Zambia Chairperson Henry Kabwe who presented two state-ofthe-art broadcast consoles, a minidisk recorder among others The equipment was donated by MISA Zambia under the Irish Embassy supported Radio and Good Governance Project. The equipment is intended to contribute to the improvement of the radio station’s outreach and quality.

January 1 to Mach 31, 2009

MISA commended for positive radio programmes in Livingstone By Chanda Mfula

edia Institute of

media personnel who were

Southern Africa

joining the industry.

(MISA) Zambia has been

And MISA Zambia

commended for assisting two

National Director Fanwell

radio stations in Livingstone to

Chembo said the media body

positively impact on the

was committed to fostering the

development of the area through

growth and development of the

the

broadcast sector through

radiogovernance

programmes . Southern Province Permanent Secretary Darius

capacity building and advocating for better laws and increased media freedom.

Hakayobe stated this during the

Mosi-o-tunya and Zambezi

handover of broadcast

received a total of over 26,000

equipment to Radio Mosi-o-

US Dollars worth of equipment

tunya and Zambezi FM by MISA

that included Transmitters,

Zambia.

studio equipment, field

Hakayobe said he was happy

Southern province permanent secretary Darius Hakayobe cutting the ribbon to unveil radio equipment donated to Radio Zambezi

recorders and computers.

the community in the area was well-informed because of the role that MISA and the two

Monze district commissioner Joyce Nondo (R) receiving the equipment with SKY FM station manager Esnart Hamiyanda

stations were playing through

SKY FM receives radio equipment

programmes such as Good

By Brian Lingela

Governance and Face the Media

interactive talk shows. He affirmed his office’s commitment to support the development of the media, adding that access to information was critical in a democracy. He said that Southern Province boasted of a vibrant media sector from Mazabuka to Livingstone, made possible by the unwavering support from MISA Zambia through training, funding and equipment provision. Hakayobe appealed for increased training to enhance professionalism among the

ISA Zambia project has donated 4 FM antennas, 6 computers, a printer and 1 portable recorder to SKY FM Radio procured at a cost of nearly ZMK 70, 000, 000 under the DIAKONIA supported Strategic Planning and Equipment Support for Community Radio Stations (SPECSRA). Speaking when he handed the equipment over to SKY FM in Monze on 16 March 2009, MISA Zambia National Director Fanwell Chembo said MISA Zambia was committed to the development of the community radio sector in Zambia. Chembo said MISA Zambia viewed community radio as a necessary tool for community development and that in Zambia, community radio stations have contributed tremendously to community development, empowerment, transparency and accountability. “ Here in Monze, we recall fondly how Chikuni Community radio and SKY FM contributed

significantly to protecting the interests of the local people whose cattle grazing grounds were threatened by a new project by an investor,” Chembo recalled. He commended the government for facilitating the growth of the community radio sector, which has grown from only having 4 radio stations in 1994 to over 30 in 2009. “With the enormous potential community based radio stations have to lifting the standards of the people through the provision of relevant information, there is need to support them.” He said. He said he was hopeful that the equipment would benefit the people of southern province in meeting their information and educational needs. Chembo noted that despite the potential community radio stations had to enhance development at the local level; they still faced a myriad of challenges. “These range from high investment costs such as the cost of equipment to operational as

PROMOTING MEDIA FREEDOM IN ZAMBIA

well as regulatory. For example, currently we are concerned with the continued regulation of the sector by the Ministry of Information and Broadcasting Services despite the enactment of the Independent Broadcasting Authority (IBA) Act in 2002 to regulate broadcasting. We therefore call upon the Ministry of Information to urgently set up the IBA so that it takes over the licensing process and more players can be licensed and regulated in accordance with international best practice,” said Chembo. He also requested the Government to waive duty and VAT on equipment so that many communities can have access to information. He praised DIAKONIA for the support to the people of Southern province through MISA. Receiving the equipment on behalf of SKY FM, Monze District Commissioner Joyce Nondo paid tribute to MISA Zambia for the support. “Yours is indeed a noble Continued on page 12 PAGE 11 MISA News

January 1 to Mach 31, 2009

Namugala calls for statutory media regulation, but NCC rejects it.

Tourism, Environment and Natural Resources Minister Catherine Namugala what she termed “erosion of By Brian Lingela other people’s rights”.

atherine Namugala, a member of the Human Righ t s C omm i ttee of the National Constitutional Conference (NCC) and Minister of Tourism, Environment and Natural Resources has called for statutory regulation of the media in Zambia. Speaking in her submission to the Human Rights Committee of the National Constitutional Conference which was discussing media provisions in the draft constitution on 7 Ja nu ar y 2009 in Lusaka, Namugala said there was need to provide for statutory regulation in the constitution to prevent

She accused some journalists of impinging on other people’s rights hence the need for statutory media regulation. “You find that on a front page of a newspaper, there is a big story about Namugala which is completely false but when a correction is made, it is very little. In this constitution, we need to provide for statutory regulation otherwise people’s rights will be eroded,” she explained. N a m u g a l a ’s r e m a r k s followed presentations by MISA regional Media Law and Right to Information Specialist

Sampa Kangwa – Wilkie and Press Association of Zambia (PAZA) to the Human Rights Committee of the NCC on protection of media freedoms in the constitution. But PAZA Vice President Amos Chanda said the media are totally opposed to statutory regulation of the media. “The principle guiding apology and retraction is that it has to correspond in size and prominence. If you feel strongly, let us have it as subsidiary legislation but not in the constitution,” he said. Dr. Brian Chituwo, an NCC Commissioner and Minister of Agriculture said the basic problem might be with the fact that journalists are not licensed as doctors are. “Therefore there has to be licensing body to guarantee people’s protection. The idea of regulation should not be abhorrent to the profession,’ he said. Another commissioner and Minister of Education Geoffrey Lungwangwa also supported the view because of what he termed “irresponsible journalism.” However, the Committee rejected calls for statutory media regulation in the constitution. Continued on page 14

MISA Zambia makes equipment donation to Radio Maranatha By Nshamba Muzungu

adio Maranatha station manager Laurian Haangala has expressed happiness at the donation of a transmitter and a telephone hybrid by MISA Zambia saying that it would help enhance their capacity to broadcast to a wide coverage area. Speaking at a hand over ceremony held in Lusaka at the Seventh Day Adventist headquarters in Lusaka, Haangala said that the new equipment will not only improve the quality of delivery through a better and stronger signal, but will also enhance the exchange of ideas by the sharing of information. Haangala also thanked MISA Zambia for helping his station to come up with a strategic plan. MISA News PAGE 12

He said that the vision of the radio station was to have a community that is socially responsible and contributes to the wellbeing of society by practicing a Christian life style. And radio Maranatha vice board chairperson, Pastor Bednical Ndatoya said that the radio station was grateful for the continued support from MISA. He said that the donation could not have come at a better time because the initial equipment was only designed to reach a smaller coverage radius but the desire was to preach to a manageable audience. “ the equipment would be used very wisely and carefully and use it to the glory of God,” he said. Speaking at the same occasion,

MISA Zambia chairperson Henry Kabwe stated that MISA Zambia was committed to the development of the community radio sector in the country because it was a vital tool for promoting good governance and sustainable development. Kabwe said that community radio had a unique position to further the ideals of good governance and development because of its independence from the government and the proximity to the people. He said in the interest of democracy, development and good governance, community radio should be supported by not only the c o m m u n i t y, b u t a l l t h e stakeholders including the government, the church and the business community.

PROMOTING MEDIA FREEDOM IN ZAMBIA

SKY FM receives radio equipment Continued from page 11

cause in that you are empowering various media through capacity building and equipment acquisition for efficient and effective dissemination of information to the public. Mrs. Nondo stated that the antennae will be mounted at the Choma repeater transmitting station which has been using a small non professional antenna. “When all these are fully mounted and installed, radio reception would improve for the better in Zimba and Livingstone that currently experiences breaks in transmission, she said. She also said the computers will equip the news and production departments with tools that will improve service delivery. “Each and every journalist will have a complete work table without having to queue up for one computer as is the case at present. The production of programmes will also be enhanced as there will be enough computers to work with,’ she said. Ms. Nondo however warned that the new equipment should not be used to promulgate anarchy but to enhance radio reception. In a vote of thanks, SKY FM Station manager Esnart Hamiyanda thanked MISA Zambia for the donation and said it will go a long way in promoting service delivery across the coverage area which includes Southern, Lusaka and parts of Central provinces. She said SKY FM had introduced local language programming in order to reach more people that may not understand English.

January 1 to Mach 31, 2009

REPORT ON THE DEMOCRATIC GOVERNANCE COMMITTEE OF THE NATIONAL CONSTITTUTIONAL CONFERENCE (NCC.) noted that it was important for the country to have a good electoral system to ensure democratic governance and political stability. The general principals to guide the choice of a good electoral system includes broad representation, inclusiveness, accountability, transparency, legitimacy as well as political stability. The CRC made the following provisions in relation to the electoral By Wendy M Ngushi NCC representative system. he 46 member Democratic (a) The electoral system is based on Governance Committee sat for the right of all citizens to vote in a period of 20 days from 6 July 2008 any direct elections or stand for to 5 August 2008. It was chaired by office. Foundation For Democratic (b) Elections of the president be Process (FODEP) president Stanely conducted on the basis of the M’hango whose deputy was majority system where the winning Elizabeth Chitika MP. candidate must receive not less The functions of the committee than fifty percent plus one vote of were to consider and deliberate the the valid votes cast. provisions of the M’ungomba (c ) Losing candidates must not be Constitutional Review eligible for appointment. Commission (CRC) report and the (d) Access to public media. 2005 Draft Constitution and to (e) Unopposed candidates be deliberate and examine the clauses declared winner. of the draft constitution on the (f) Key aspects of the electoral electoral systems and principles. process that should be protected The committee during its sittings and enforced through legislation had presentations from the are identified. Electoral Commission of Zambia (g) The ECZ must register, (ECZ), former Chairperson Justice deregister and regulate political Ireen Mambilima and the Director parties. Danny Kalale. (h) A commission be established Attached to the committee was an for the above. expert on good governance from the (i)The registration process should University of Zambia Dr Francis be fair, transparent and accessible. Chigunta who gave an analysis of (j) Funding of political parties by Zambia’s electoral system. the state. The two, presented papers on the (k) Vulnerable groups should be operations of the ECZ and an adequately represented in the overview of Zambia’s electoral National Assembly. system in accordance with Article (l) By-elections. 76 of the Constitution of Zambia Most of the above provisions made Which mandates the commission to by the CRC are aimed at enhancing conduct presidential, parliamentary Zambia’s electoral system, which and local government elections. has always been in doubt by The constitution grants the ECZ the different political players and mandate to conduct its business stakeholders. independently, however questions The committee on the democratic as to whether ECZ is independent governance, during its arose. Other presentations were deliberations, worked towards from the Registrar of Societies and ensuring that these provisions the Ministry of Finance on funding made by the CRC be retained in the to the ECZ. new constitution for the country to OVERVIEW OF THE have a suitable electoral system, PROVISIONS OF THE taking into consideration Zambia’s M’UNGOMBA CRC REPORT social, political, economic and AND 2005 DRAFT other background. Having CONSTITUTION RELATING considered the CRC report and T O D E M O C R AT I C Draft Constitution on the electoral GOVERNANCE. systems and principles, most of the The M’ungomba Commission articles were adopted at committee

level, subject to being maintained, when submitted to the NCC plenary session which started in early May, 2009. Highlights of critical issues tackled on some articles in the CRC report and Draft Constitution by the Democratic Governance Committee. 1. Basic Electoral System. a. The committee noted that the citizens had a right to be eligible under the Constitution of Zambia to stand for office, vote in any direct election. And there was need to retain the clause that guaranteed the right for the citizens to participate freely in choosing their leaders. b. The committee adopted this clause that dealt with ensuring free and fair elections guided by the following vales: Equal access to public media, which has been a critical issue during the run up to any election. Though some members argued that this subclauses includes private media, it was argued that this provision cannot include private media because these were entities owned by individuals. It was agreed that subsidiary laws such as the Electoral Code Of Conduct of 2006 be enforced because they had regulations on how media should operate during an election. c. Impartiality and neutrality by the state security institutions in the provisions of election security and exercise of related functions. d. Civic and voter education be conducted in a non-partisan, independent, co-coordinated and consistent manner. e. The committee decided that the basic principles of what constituted free and fair elections be provided for in the Draft Constitution. 2.Elections System For The Presidential, National Assembly And Local Government. a. The provision dealing with this matter was adopted as drafted in the CRC report with the emphasis on the need to have a majority president elected, where the wining candidate must receive not less than fifty plus one vote of valid vote cast. Elections to the Nation Assembly and a district council be conducted under a Mixed Member Proportional (MMP) System. 3. Losing Candidates Not Eligible For Certain Appointments. The committee retained this provision with debate stating that it was not right to have a member in the National Assembly who was rejected by the people in an

PROMOTING MEDIA FREEDOM IN ZAMBIA

election. 4. Electoral Process The committee adopted this provision with inclusion and emphasis that a special arrangement be made for special sectors of society to vote such as the defence force, the policy, and Zambians living abroad. 5. Establishment Of The Independence Electoral Commission Of Zambia . The committee retained the provision stating the commission should be autonomous, impartial and allowed to perform its functions without control from those in authority. 6.Appointments Of Members Of The Independent Electoral Commission And Tenure Of O f f i c e F o r T h e Commissioners. The committee adopted this provision with amendments that the appointments should not be left to the president. It was suggested that an adhoc committee be appointed to submit names to the president by Secretary to the Cabinet for appointment. Such members will hold office for five years. 7.Political Party (a) The committee adopted the article stating that a political party commission be established to registering and regulating the political parties. The debate on the floor was that the Register of Societies was not adequate. 8.Party Supervision (a) The committee also adopted the provision that called for parties to have an internal democratically elected governing body that would abide by the principles of good governance which include respect and promotion of human rights and gender equality. Bye Elections The committee approved the clause on by-elections when seats fall vacant. Conclusion The committee wound up its deliberations with a call to others members of the conference to ensure that articles in the M’ungomba Draft Constitution be retained for Zambia to have a transparent, free and fair elections as well as a leveled playing field for all stakeholders in the electoral process. A full and detailed report shall be handed in after it is presented and adopted by the conference. MISA News PAGE 13

January 1 to Mach 31, 2009

Media bodies lobby Minister on media law reforms in Zambia By Jane Da Silva On 10 December, 2008, the Media Institute of Southern Africa (MISA) Zambia together with other media bodies that included the Press Association of Zambia, Zambia Union of Broadcasters and Other Disseminators, Society for Senior Zambian Journalists, Press Freedom Committee of The Post and PANOS Southern Africa met the newly appointed Minister of Information and Broadcasting Services, Lieutenant General Ronnie Shikapwasha at the Ministry of Information and Broadcasting. The media associations delegation that was led by MISA Zambia Chairperson Henry Kabwe called on the Minister to consider allowing the media in Zambia to regulate itself through a voluntary body, to ensure that the Freedom of Information Bill was enacted, that the Zambia National Broadcasting Corporation (ZNBC) and Independent Broadcasting Authority (IBA) Acts of 2002 were implemented.

The Media bodies explained that MISA Zambia and other media bodies were in the process of remodelling the Media Council of Zambia (MECOZ) to make it stronger and would soon hold a workshop to that effect The association also called on the Minister to address the various economic aspects that affected the operations of the media, especially the print media that are facing viability problems. And responding to the concerns, Lieutenant General Shikapwasha said that the Government was looking up to the media to regulate themselves but the situation was getting anxious because over 18 years have gone by and the Zambian media have not been able to come up with an effective and all inclusive self media regulatory body unlike the existing Media Ethics Council (MECOZ). He said it was time the media showed unity and rose to the challenge because indications even from those who were strong

PIX

Members of media institutions that met with the Minister of Information and Broadcasting Services

advocates of the media had become champions for statutory regulation. And on the Freedom of Information Bill, Juliana Mwila of the same ministry said that the Freedom of Information Bill would include the protection of privacy so that the Zambian citizens could be protected. The Minister said that plans are underway to ensure that some of the pending laws are taken into the next sitting of Parliament in 2009. And Ms Mwila said that though there seemed to be less

movement where the FOI Bill was concerned, the Ministry was preparing other public institutions to put their information system in order and they were computerising the ministry to make access to such information easier. She said that the FOI Bill was to be circulated to the Media Associations and a workshop was slated for December, 2008. However, none of the media institutions present at the meeting had received the redrafted FOI Bill.

Namugala calls for statutory media regulation, but NCC rejects it Continued from page 12

And on 13 February 2009, MISA Zambia appeared before the Human Rights Committee of the National Constitutional Conference to argue its case for the protection of access to information in Zambia’s new constitution. MISA Regional Media Law and Freedom of Expression specialist Sampa Kangwa Wilkie made a presentation on behalf of MISA Zambia. In her presentation, Kangwa – Wilkie argued that there was need for Zambia to maintain the provision in the draft constitution guaranteeing access to information for everyone. She explained that according to international standards, there must not be blanket exemptions on access to information and that whatever minimum exemptions must be defined within legislation.

MISA News PAGE 14

She said although information should be given to all, information that poses a serious threat to security should not be given. “When giving information, we need to ask ourselves are we doing good or harm? In other words, it should override public interest,’ said Wilkie. She stated that access to information was a cornerstone of all other rights because without it, one cannot access one’s right to health, education, etc. “If the government is going to give out ARVs to all infected Zambians, I must know how they came to that decision, what other types of ARVs I can access, what the side effects are, how much money has been allocated,” she explained. She told the NCC that there was currently a lack of political will by the Zambian government to enact the Freedom of Information (FOI) legislation

that would guarantee access to information for citizens. “If you want to go to the Ministry of Works and Supply to find out who got a particular tender for roads and why they got it, they will just use their discretion because there is no compelling law. What we have is a Bill which was withdrawn from parliament in 2002,’ she explained. And responding to a question by one of the Commissioners Ms. Lukukula on what MISA Zambia had done to ensure everyone in the nation understood the need for access to information, MISA Zambia Chairperson Henry Kabwe explained that the institution had been conducting media literacy seminars across the country especially in rural areas, public discussions as well as radio and television programmes. ‘We realize that the message has not been easy and therefore

PROMOTING MEDIA FREEDOM IN ZAMBIA

we use traditional authorities during our workshops to help the people understand the message,’ explained Kabwe. And speaking in support of Wilkie’s presentation, Chieftainess Chiawa of the Goba people of Kafue district bemoaned the lack of information in rural areas such as her Chiefdom. She said most rural people do not even have access to various developmental information through radio and TV because they do not have access to the media. “If this Bill (FOI) is to serve everyone, then all Zambian must have access to information, she noted. MISA Zambia is lobbying the Human Rights Committee to ensure the protection of access to information, media freedom and independence of state media in the constitution.

January 1 to Mach 31, 2009

Report on the Human Rights Committee sittings of the National Constitution Conference

By Nyambe Muyumbana Introduction The Human Rights Committee was established by the Conference through the National Constitution Conference (Committee) Regulations, Statutory Instrument No. 24 of 2008 to consider and deliberate the provisions of the Mung’omba Constitution Commission’s Report and the Draft Constitution relating to human rights. In this regard, the Committee dealt with three chapters of the Commission’s Report, namely, chapters, 3, 4 and 5. It also dealt with 62 provisions of the Draft Constitution from Article 27 to article 88 inclusive. Sittings This Committee, which I’m a member of, began its sittings on 12th February 2009 and adjourned sine die on 28th March 2009. A lot of issues ranging from the death penalty, women rights, economic, social and cultural rights, freedom of the media, Independence of public media and many others were considered during the above said session. Whilst it was sitting I managed through our MISA office to organize a lobbying workshop for selected commissioners of the Human Rights committee. The workshop which was facilitated by Ms Kangwa Sampa from MISA headquarters in Namibia and attended by all the National Governing Council members accept for two, was meant to lobby the selected commissioners to support and endorse the media articles as provided in the Mung’omba draft constitution. I also managed to convince the NCC secretariat to allow (MISA Zambia) to make a presentation to the committee on the need to adopt the progressive media articles as they were provided in the draft constitution. Ms Sampa Kangwa was then allowed to show case and make the presentation accordingly. These two initiatives

were highly appreciated by the commissioners and impacted positively in the majority making them support our mission.This paper will endeavor to look only at how the articles regarding the media were considered and deliberated upon during the period as that’s what we (MISA Zambia) are biased with. These were articles ranging from article 55 to 60 in the Mung’omba draft constitution. I henceforth, under here, only write comments on particular clauses which attracted debate and highlighted those which were removed or amended. Freedom of expression Every person has the right to freedom of expression which includes: (a) Freedom to hold an opinion; (b) Freedom to receive or impact information or ideas; (c) Freedom of artistic creativity; and (d) Academic freedom, including freedom of scientific research (2) Clause (1) does not extend to(a) Propaganda for war; (b) Incitement to violence; or (c) Advocacy of hatred that(I)Vilifies and disparages others or incites harm or (ii) Is based on any prohibited ground of discrimination specified in this constitution. The above article was adopted as it is provided in the Mung’omba draft constitution with few amendments on clause (1)(b). The amendment was to include the words which are in bold in the following statement under; Article 55: Every person has the right to freedom of expression which includes-(b) Freedom to seek, receive or impart information or ideas without interference. Access to information (1) Every citizen has the right of access to; (a) Information held by the state; and (b) Any information that is held by another person which is required for the exercise or protection of any right or freedom. (2) The President shall within six months of the submission of a report of any commission of inquiry, appointed by the President in the exercise of the President’s executive functions, publish the report. (3) Every person has the right to demand the correction or deletion of untrue or misleading information affecting that person. (4) The state has the obligation to publicize any important information affecting the welfare

of the Nation. (5) Parliament shall enact legislation to provide for access to public information. This particular clause generated a lot of debate on clause (1). The debate was as to whether the right to access to information should be enjoyed by the citizens of Zambia only as provided in the Mung’omba draft constitution above or by every person who is domiciled in Zambia. Those who were for the idea that the right must be enjoyed by the Zambians only based their argument on security reasons. They said that giving the right to every person will include foreigners who might jeopardize the security of the nation. Those who wanted the right to be enjoyed by every person agued that the right to access information can help foreign investors be easily availed with economic information as they come to invest in Zambia. They also said the argument of state security did not hold water because foreigners could bribe any poor Zambian in order to access any information even if they were denied the right. Our position as MISA on this clause was that the right should be enjoyed by every person but we lost since the debate concluded with overwhelming consensus in support for those who wanted the right to be enjoyed by Zambians only as provided in the draft constitution. Clause 2 of the same article also generated debate. The clause provides for the president to be compelled to publish a report of any commission appointed by him within six months. This particular clause was thrown out in a controversial manner. The majority wanted the close to remain in the constitution and probably reduce the period of six months to three. The wish of the majority prevailed and it was decided accordingly. Unfortunately, however, the chairman reopened debate at a later stage after some clarification from the draft persons, and this saw the tables change making the clause to be deleted. Another clause which was amended under the above article was 5. “Parliament shall enact legislation to provide for the access to the public information.” The word public in the last part of this clause was deleted. This was decided so because this particular

PROMOTING MEDIA FREEDOM IN ZAMBIA

article is providing for access to information hence it was only logic that parliament should enact legislation to provide for access to information and not limit it to public information. Freedom of the Media There shall be freedom of the press and other media. Subject to this Constitution, a law shall not make any provision that derogates from freedom or independence of the press and other media. B ro a d c a s t i n g a n d o t h e r electronic media are subject only to fair licensing procedures that are(a) Administered by a body that is independent of control by the Government, political interests or commercial interest; and (b) Designed to ensure(i) The reasonable allocation of broadcast frequencies; and (ii) Adherence to codes of good practice. The registration or licensing of any media shall not unreasonably be withheld, withdrawn or refused. Any person, State organ or State institution shall not – require prior licensing for any form of publication , broadcast or dissemination of information, comment or opinion; impose censorship on any form of publication, broadcast or dissemination of information, comment or opinion; otherwise interfere with the freedom of expression of any writer, editor, publisher or broadcaster; or harass or penalize a person for any opinion or view or the content of any publication, broadcast or dissemination. Parliament shall enact legislation that regulates freedom to broadcast in order t o e n s u re f a i r e l e c t i o n campaigning. On the above article, clause (1) was adopted as provided but the committee felt that it was high time that the media in Zambia started practicing responsible journalism. Clause (3) under the same article also brought debate. This was after I proposed that the Independent Broadcasting Authority be highlighted in the same manner it was provided for in the South African constitution and also in the manner some commissions were being provided for in the Mung’omba draft constitution. Those who were against my proposal agued that doing so Continued on page 16 MISA News PAGE 15

January 1 to Mach 31, 2009

MISA inputs in communication strategy for APRM process By Jane Da Silva

n 25 and 26 January, 2009 MISA Zambia was part of the consultative meetings called by African Peer Review Machenism Lead Panelist for Zambia Dr Graca Machel which sought to address the engagement of the media and the civil society in the African Peer Review Mechanism (APRM) process in Zambia. The APRM meetings that took place at Pamodzi Hotel and were chaired by APRM Delegation Leader Dr Graca Machel. Speaking on 25 January, 2009 Dr Machel said the APRM was an Africa Union initiative which sought to use peer review

among African Heads of States to address and expose African concerns which would be dealt with using African solutions. She said the solutions would be drawn from within African countries with best practices in specific areas. “For instance, Kenya funds its budget at 95% or more and borrows additional funds from the local economy and does not depend on donors. This is a result of a good tax collection system. However, Zambia depends on donor funding to finance its budget by a 60% or more, so Zambia can learn how Kenya has managed to finance its budget using local resources,” Dr Machel said. She further explained that

Twenty-eight countries in Africa have agreed to undergo the APRM process. And so far 9 states had undergone the process and Zambia had began to prepare for the process. The meeting on 25 February looked at how the media could be engaged to disseminate this information to the general public in order to bring them on board and take ownership of the process. MISA Zambia Chairperson Henry Kabwe, stated that there was need to take into account community media outside Lusaka because they were usually left out in terms of press statements and training on key national issues. Lucky Sichula and Jane C Da Silva were also

in attendance. On 26 February, Dr Machel met with the Civil S o c i e t y O rg a n i s a t i o n s (CSOs) who presented their concerns on the pace of the APRM and the NGC composition. MISA Zambia can benefit from the APRM process by making submissions on key media issues in addition to establishing links with countries that have u n d e rg o n e t h e A P R M process and have been found to have best practices on media legislation and policy.

Report on the Human Rights Committee sittings of the National Constitution Conference Continued from page 15

would put the government aside without a role in the licensing of radio stations. A clarification was made that the idea of providing for the IBA was meant to take away the powers of licensing from government but some members still insisted that the role of government in licensing was crucial and should be included. After a thorough debate the committee agreed to adopt clause (3) as provided and that section 192 of the South Africa constitution which provides for IBA be borrowed and incorporated in the clause in question. Freedom not to disclose source A Journalist shall not be compelled to disclose a source of information, except as may be determined by a court. (2) An agent of the media is free, at all times, to uphold the p r i n c i p l e , p ro v i s i o n s a n d objectives of this constitution and the responsibility and accountability of the Government to the people of Zambia. Some commissioners submitted that clause (1) of the above article should include the protection of whistle blowers. They argued that journalists were not the only people who should be protected from not disclosing the source of their information. They said the fight of corruption was very MISA News PAGE 16

cardinal and that it didn’t require journalists alone but the involvement of whistle blowers. A clarification was made that the article in question was merely providing for the rights of journalists hence it was not in order to include whistle blowers. The clause was henceforth adopted as provided. Independence of Public media All public media shallBe independent and impartial; and Afford fair opportunities and facilities to all persons for the presentation of divergent views a n d d i s s e n t i n g opinions.Parliament shall enact legislation to- Promote the independence and impartiality of the public media; and Provide for reasonable allocation of air time and space by the public media to political parties generally or during election campaigns, on the recommendation of the Electoral Commission. A concern was raised as to why the independence of the media was only provided for the public media in clause (1) (a). A proposal was to the effect made that the independence of the media should provide for the independence of the private media and that where public media appeared in the article, private should be included as well. I opposed the proposal and

argued that the private media was already independent (since when you talk about independence of the media you refer to the independence of a particular media house from the government’s interference) as it was not owned by government. I also said that if we were to include the private media in clause (1) (a), it could be difficult to implement (2) (b) which provided for the media to allocate free air time and space for politicians during election campaign. I explained that it could not be attainable to compel private media to provide free air time because private media survive on selling air time whereas public media gets funds from parliament, on top of selling air time. The committee however, unanimously adopted the inclusion of the private media in the article. Freedom of association Every person has the right to freedom of association. Freedom of association shall apply to the formation, operation and continued existence of any association. A person shall not be compelled to join an association of any kind. The above article was adopted as provided without any debate. Conclusion The Human Rights Committee and three others were the last committees which sat to deliberate their terms of references and they will be recalled on 13th April 2009 for consideration of their respective reports before being presented to plenary. Way forward I would say we have so far achieved 95% of our mission at committee stage. What is remaining is to convince the plenary (entire NCC) to accept the work of the Human Rights Committee. We (MISA Zambia) can again organize for a lobbying workshop but now for selected commissioners of other committees of the NCC because these are the people to accept or throw away the recommendations of the Human Rights Committee. Plenary resumes on May 5, 2009.

PROMOTING MEDIA MEDIAFREEDOM FREEDOMIN INZAMBIA ZAMBIA PROMOTING

January 1 to Mach 31, 2009

Zambian media lagging behind SADC protocol on Gender and Development

PHOTO FOCUS

By Jane Da Silva

ISA Zambia Chairperson Henry Kabwe has said that the media in Zambia have made some progress in supporting women representation in various positions but stated that there were very few women in charge of mainstream media institutions. Kabwe pointed out successful media institutions like Commerce Gazzette owned by Sukizi Sichinga and Window Images owned by Annie Chiluba as some of the private media institutions owned by women in Zambia. He said that MISA Zambia had adopted a gender and HIV/AIDS policy and has provisions for women representation of 30 percent enshrined in its constitution and added that many radio stations had adopted MISA Zambia’s constitution for their radio stations with the provisions for 30 percent women representation in all decision making levels. Kabwe was speaking at a workshop organized by Gender

and Media in Southern Africa (GEMSA) on 3 February, 2009, held. The workshop was aimed at assessing Zambia’s progress in implementing the Southern African Development Community (SADC) Protocol on Gender and Development. Among the organisations that present were the Media Institute of Southern Africa (MISA) Zambia, Southern African Centre for the Constructive Resolution of Desputes (SACCORD) Campaign for Female Education ( C A M FA D ) , and Zambia Association for the Disabled. Some of the key Articles of the Protocol include Articles 4 to 8 that talk about the Constitutional and Legal Rights while Articles 12 to 13 Address women representation and participation under Governance. Other articles are 20 to 25 which address gender based violence and articles 29 to 31 that touch on Media, Indormation and Communication.

Southern province permanent secretary Darius Hakayobe and Livingstone former Mayor Grace Shafik take a photo with Zambezi radio members of staff

Kasempa radio to hit airwaves soon By Jane Da Silva asempa Community Radio is set to begin broadcasting soon after being assured by area Member of Parliament Kabinga Pande that a provisional license has been granted, Station Manager Musonda Mukanu has revealed. Speaking in an interview with MISA Zambia on 7 May, 2009, Mukanu said that the station had already bought equipment and has constructed a building that is owned by Kasempa District Community Association. “The station which was funded by PANOS Southern Africa has put in place a sustainability plan which

includes outlining programming that attracts sponsorship and we will also engage in music recording and selling,” Mukanu explained. The Station Manager stated that the community radio would broadcast programmes around HIV/AIDS, agricultural, gender equality and good governance issues in

Station Manager Musonda Mukanu

Southern Province Permanent Secretary Darius Hakayobe speaking during the Zambezi radio station equipment donation

general. He revealed that the station had listening clubs which were given 10 radio handsets by Panos Southern Africa and w ould be w orking w ith National Agricultural and Information Services (NAIS) on agricultural related news. Mukanu said the station intends to employ five full time broadcasters and volunteers when it begins operations. The station will be broadcasting from 06:00 hours to 24:00 hours. Zambezi FM managing director Swithin Haangala (R) being shown the several pieces of equipment by MISA Zambia Good Governance programme officer Chanda Mfula (R). PROMOTING MEDIA FREEDOM IN ZAMBIA

MISA News PAGE 17

January 1 to Mach 31, 2009

Radio equipment donations in pictures

Radio Maranatha vice board chairperson Pastor Bednical Ndatoya receives equipment from MISA chairperson

Chipata Mayor Sinoya Mwale officiating during the equipment donation to Radio Maria

Lundazi district commissioner Masautso Banda speaking during the ceremony

Almost fatal: The back wheel of the vehicle comes off on the way to Southern province for the equipment donations

Broadcasting and Information Manager Brian Lingela explains the equipment to Radio Maranatha station Manager Laurian Haangala

A studio console donated to Radio Maria

Community members witnessing the equipment handover at Chikaya Community Radio in Lundazi district

Lundazi district local music band entertaining people at the ceremony