Friday, May 27, 2011

Constitution Does Not Recognize Media Freedom


The World Press Freedom Day is commemorated each year on May 3, to recognize principles on media freedom and freedom of expression. In Tanzania, the day was organized by Media Institute of Southern Africa, Tanzania Chapter and  was inaugurated by the former Chief Justice, Augustino Ramadhani who urged media fraternity to lobby for inclusion of media freedom in the proposed new constitution.

Elaborating on the meaning of Article 18 of Tanzanian Constitution when he was giving a key note address to media fraternity and other invitees, the retired Chief Justice said the Article does not recognize any media freedom, instead is recognizing right to freedom of expression and opinion of individuals and not institutions.

According to Article 18 of the Constitution, “every person has the right to freedom of opinion and expression, and to seek, receive and impart or disseminate information and ideas through any media regardless of national frontiers, and also has the right of freedom from interference with his communications”.

Article 19 goes further to say “Every citizen has the right to be informed at all times of various events in the country and in the world at large which are of importance to the lives and activities of the people and also of issues of importance to society”.

He said media freedom is not enshrined in the National Constitution just like the judiciary freedom which was not constitutionally recognized until ten years ago.

“You are celebrating 20 Years of Windhoek Declaration when the Constitution does not recognize your freedom,” he told more than 200 journalists and other media stakeholders attending the World Press Freedom Day celebrations at Mlimani City Hall, in Dar es Salaam. ”But you are not late, even at the judiciary despite with all lawyers and judges our freedom was not recognized until the year 2000.”

But he challenged media fraternity when addressing media freedom to look into its broader perspectives. Citing the example of judiciary freedom, he explained the broader perspectives of media freedom as freedom against government, freedom against media owners, freedom against general public, freedom against source/subject and freedom against self conscious.

He said all these aspects need to be taken care off in order to make the media freedom meaningful. He said sometimes media fraternity might think the main enemy of media freedom is government, but in real sense might not be government, instead might be media owners and journalists themselves.

He urged journalists and media fraternity to use the existing Constitutional review opportunity to make sure that media freedom is included in the New Constitution.

During his state address to mark the end of the year 2010 and welcoming 2011, President Jakaya Kikwete expressed his commitment to create a team to work on a new Constitution after growing calls especially by civil society organizations and political parties for the need of the new Constitution.

The government has already come up with a bill to review the Constitution which was rejected by majority during consultations held in Dar es Salaam, Dodoma and Zanzibar. The state has agreed to make necessary amendment of the bill before it continues with further consultations.