Right to Artistic Freedom of Expression for the Performing and Visual Artists in Harare, Zimbabwe

Abstract

The right to artistic freedom of expression for the visual and performing arts is gradually being restricted and criminalised and yet freedom of creative and artistic expression has been recognised as a fundamental human right. Research shows that the consequences of art censorship and restrictions of the right to freedom of artistic expression and creativity are demoralizing as they limit creative thinking and consumption of culture. This study aimed at investigating the state of artistic freedom of expression by focusing more on Visual and Performing arts in Harare. Building on existing work on the topic, the research probed issues like the state of artistic freedom of expressions in Zimbabwe and how are the existing legal framework affects the creative industry in Zimbabwe. In this context, artistic freedom is defined as the freedom to imagine, create, and distribute diverse cultural expressions free from interferences from external forces. The research was guided by the theory of the public sphere by Jürgen Habermas. A mixed research methodology was adopted where questionnaires were distributed and interviews conducted with several art associations and their members across Harare. Purposive sampling and critical base sampling were used to develop a sample of the research. An analysis of the responses demonstrated that even though the freedom of artistic expression is provided in the Zimbabwean constitution, in practice, the Zimbabwean authorities restrict this right, particularly concerning artists considered critical of the government. Several laws including the Censorship Act and the Criminal Law (Codification and Reform) Act limit artistic expressions. The ability of visual and performing artists to perform, display, or disseminate their work is limited through direct and indirect means and the practices of the police and some government agencies that create an environment of fear and self-censorship. As a result, few artists remain willing to publicly express critical views or to use their work to explore debatable themes and those who do so succumb to penalties such as arrests. On this basis, the study recommended termination of politically driven arrests of individuals who exercise their right to artistic freedom of expression. It was further recommended that authorities should conduct independent investigations into reports of violence against artists. There is also a need to repeal and reform some strict laws and policies that inhibit the freedom of artistic expression.