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2010 Human Rights Report: Zambia Page 1 of 21 Home » Under Secretary for Democracy and Global Affairs » Bureau of Democracy, Human Rights, and Labor » Releases » Human Rights Reports » 2010 Country Reports on Human Rights Practices » Africa » Zambia 2010 Human Rights Report: Zambia BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR 2010 Country Reports on Human Rights Practices April 8, 2011 Zambia is a republic of 13.3 million citizens governed by a president and a unicameral national assembly. The ruling Movement for Multiparty Democracy (MMD) exerted considerable influence through its patronage and allotment of government resources. In a 2008 by-election, then-vice president Rupiah Banda was elected president in generally free and fair multiparty elections. Security forces reported to civilian authorities. Human rights problems included unlawful killings; torture, beatings, and abuse of suspects and detainees by security forces; official impunity; life-threatening prison conditions; arbitrary arrests and prolonged pretrial detention; long trial delays; arbitrary interference with privacy; restrictions on freedom of speech, press, assembly, and association; government corruption; violence and discrimination against women; child abuse; trafficking in persons; discrimination based on sexual orientation and against persons with disabilities; restrictions on labor rights; forced labor; and child labor. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life There were no reports that the government or its agents committed politically motivated killings; however, security forces committed unlawful killings during the year. The Legal Resources Foundation (LRF), an independent human rights nongovernmental organization (NGO) that counseled victims' families and represented them in actions against the government, consistently investigated and publicized such incidents; however, the government rarely punished perpetrators. Police and government officials encouraged police officers to use their weapons when apprehending suspects, despite a government directive that restricted the use of firearms by police officers and a government pledge to retrain police on the use of force. http://www.state.gov/g/drl/rls/hrrpt/2010/af/154376.htm 4/11/2011 2010 Human Rights Report: Zambia Page 2 of 21 On September 3, three police officers in Chipata were arrested in connection with the killing of three suspects. The officers reportedly shot the suspects when they attempted to flee while leading police to a place where the suspects had hidden carcasses of cattle they had stolen. On October 23, police reportedly killed two individuals in Mongu during a protest by the Barotse Freedom Movement (see section 6). There were no developments, and none were expected, in the February 2009 police killing of Maybin Chongo or in the following 2008 cases: the April police beating to death of Alfred Nyanga; the May police beating to death of Robert Chimwang'a; and the September alleged killing of Gregory Kalezhi by a police patrol. Unlike in previous years, there were no reports that mobs killed suspected criminals; nor that police were accused of abuse; nor that persons were accused of witchcraft, mental illness, or sexual impropriety. There were no developments, and none were expected, in the February 2009 mob killing of alleged arsonist and murderer "Kalaye" and in the following 2008 cases: the February mob stoning to death of a minibus driver; the March mob stoning of two men, one of whom died; and the April killing by a mob that stoned and set ablaze a man. b. Disappearance There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The constitution prohibits such practices; however, police frequently used excessive force including torture when apprehending, interrogating, and detaining criminal suspects or illegal immigrants. In 2008 the government's Human Rights Commission (HRC) reported that torture was prevalent in police stations and noted that "police officers continue to rely on torture as an interrogation technique." The HRC urged the government to draft and enact legislation that would criminalize torture and provide for compensation to victims; however, no legislation had been drafted by year's end. Authorities also detained, interrogated, and physically abused family members or associates of criminal suspects in attempts to identify or locate the suspects. Officers who tortured, beat, or otherwise abused suspects generally were not disciplined or arrested for such acts. On September 7, the NGO Human Rights Watch (HRW) reported that police routinely engage in cruel, inhuman, and degrading treatment, including torture, to extract confessions. Based on interviews conducted at six prisons, the report noted, "They described what happened to them in police custody, before they were transferred to prison. Dozens of detainees said they had been beaten with metal bars, hammers, broom handles, police batons, sticks, or even electrified rods. Many said they had been bound first and hung upside down." On June 25, HRW wrote to Minister of Home Affairs Mkhondo Lungu and Chief Inspector of Police Simon Kabonde requesting that they investigate and halt these abuses. On September 11, Lungu publicly denied reports that police abused and tortured prison inmates. He also noted that human rights are an integral part of law enforcement training. On November 12, residents of the Garden Compound, Lusaka, rioted and burned a police station and six vehicles following reports that police tortured a man who later died in police custody. Inspector General of Police Francis Kabonde denied the reports of torture on November 13. On March 14, two Mazabuka police officers reportedly assaulted Christopher Perkins Liwoyo after he photographed them while acting as a freelance photographer. Liwoyo sustained minor injuries and did not press charges after being discouraged from doing so. Authorities did not take administrative action against the officers. http://www.state.gov/g/drl/rls/hrrpt/2010/af/154376.htm 4/11/2011 2010 Human Rights Report: Zambia Page 3 of 21 On September 8, a magistrate awarded Shadreck Nkhuwa and Isaac Chilombo 10 million kwacha ($2,000) each after police detained and tortured them in Mumbwa for two days in 2004. The O Affair On September 21, Ndola police reportedly shot and wounded 24-year-old Conrad Mutale while he participated in a the U protest. Exter const There were no new developments, and none were expected, in the March 2009 reported police abuse of Edward Nkonde polici and Ephraim Munshimfwa; the July 2009 alleged police abuse of Cornelius Mwape; and the July 2009 charge of negligence of duty against an officer who detained a pregnant woman. There were also no new developments in the 2008 alleged police abuse of Monde Naluli. There were instances of mob violence reported during the year. On February 4, a mob reportedly beat Chingola police officer Matandi Sitali in reaction to allegations that he had attempted to rape a woman. On September 9, a mob in Kitwe beat a police officer who allegedly stole a mobile phone from an accident victim at an accident scene. There were no new developments, and none were expected, in the mob beating of Konde Mamadi in August 2009. According to human rights groups, police occasionally demanded sex from female detainees as a condition for their release. There also were reports that police officers raped women and young girls while they were in custody. Prison and Detention Center Conditions Prison conditions were poor and life threatening. An inefficient judiciary delayed court proceedings, which contributed to the holding of large numbers of pretrial detainees in prison for extended periods and exacerbated overcrowding. The country's prisons, which were built to hold 5,500 inmates, held nearly 15,300 prisoners and detainees. For example, Lusaka Central Prison, which was designed to accommodate 200 prisoners, held more than 1,500. By law the police can detain suspects up to 24 hours in holding cells before transferring them to a "remand prison." "Remand prisons" were supposed to house detainees prior to conviction exclusively but, in practice, were also used to hold convicted prisoners. Prison conditions in remand prisons did not generally differ from those in other prisons. Poor sanitation, dilapidated infrastructure, inadequate and deficient medical facilities, meager food supplies, and lack of potable water resulted in serious outbreaks of dysentery, cholera, and tuberculosis, which the overcrowding exacerbated. Prisons generally had inadequate provision for ventilation, temperature, lighting, and basic and emergency medical care. Prisoners routinely complained that authorities denied them access to medical care as provided by law. Failure to remove or quarantine sick inmates and the lack of infirmaries at many prisons resulted in the spread of airborne illnesses such as tuberculosis, leading to the reinfection and death of prisoners. According to a report by HRW, the prison service estimated tuberculosis rates at over 5 percent, more than 10 times the rate outside of prisons. Drugs to combat tuberculosis were available, but the supply was erratic. Many prisoners were malnourished because they received only one serving of cornmeal and beans per day, called a "combined meal" because it represented breakfast, lunch, and dinner. On April 27, HRW issued a major
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