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Staterep1 Zambia 2004 Eng.Pdf AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS 1 GLOSSARY/ABBREVIATIONS AIDS Acquired Immune Deficiency Syndrome AIEMS Action for Improvement of English, Mathematics and Science ARV Anti retroviral BESSIP Basic Education Sub-Sector Education Programme CCZ Christian Council of Zambia COR Commissioner of Refugees CRAIDS Community Response to HIV/AIDS CSOs Civil Society Organisations EFC Evangelical Fellowship of Zambia FODEP Foundation for Democratic Process GDP Gross Domestic Product HIV Human Immuno Virus HURID Institute of Human Rights, Intellectual Property and Development Trust ILO International Labour Organisation IMF International Monterey Fund IRI Interactive Radio Instruction MMD Movement for Multiparty Democracy NAPSA National Pensions Scheme Authority NGOCC Non-Governmental Organisation Coordinating Council NGOs Non-Governmental Organisations PAGE Programme for the Advancement Girls’ Education PRGF Poverty Reduction Growth Facility PRSP Poverty Reduction Strategy Paper PTA Parent Teacher Association PWAS Public Welfare Assistance Scheme RAMCOZ Roan Antelope Mining Corporation of Zambia SADC Southern African Development Community SAP Structural Adjustment Programme STI Sexually Transmitted Infections T.B. Tuberculosis TAHAN Teachers Against HIV/AIDS Network TEVETA Technical Education, Vocational and Entrepreneurship Training Authority TNDP Transitional Nation Development Plan UNFPA United Nations Population Fund UNHCR United Nations High Commissioner for Refugees UNIP United Nations Independence Party UTH University of Zambia WFC Women for Change WHO World Health Organisation WILSA Women in Law in Southern Africa YWCA Young Women’s Christian Association 2 ZANARA Zambia National Response to HIV/AIDS ZAPF Zambia National Provident Fund ZCCM Zambia Consolidated Copper Mines ZCEA Zambia Civic Education Association ZDHS Zambia Demographic Health Surveys ZEC Zambia Episcopal Conference ZECAB Zambia Education Capacity Building Project 3 Foreword It is with great pride and honour that I present Zambia’s Initial State Report on the implementation of the African Charter on Human and People’s Rights. The Government of the Republic of Zambia places extreme importance on the protection and promotion of fundamental human rights and freedoms, which are essential in achieving meaningful development. It is the guarantee of civil and political rights, economic, social and cultural rights and people’s rights that are a measure of good governance, which in turn adds to the well-being of the people. The occasion of preparing the State Report on the Charter was opportune as it provided Government a moment to take stock of its legislative, judicial and administrative functions, in order to assess the impact of these functions on the political, economic and social welfare of the country. The Report highlights the several measures that Government has put in place to implement the Charter and the several factors and difficulties affecting the implementation. Though Government is challenged by economic constraints, it is fully committed to implementing the rights in the Charter. Allow me to state that the Ministry of Justice will in the course of this year prepare a training manual on human rights law; and conduct training courses for all law enforcement agencies. In addition, the manual will be distributed to ordinary Zambians in order to enhance their knowledge of human rights. The preparation of the Report involved the participation of relevant Government Ministries and Departments, the Judiciary, Human Rights Commission, Civil Society and Academia. The Report is characterized by openness, frankness and 4 honesty, resulting in a factually true and correct presentation of the implementation of the Charter. I wish to take this opportunity to thank all those who participated in this exercise (See Annex 1); and the local Zambian resource personnel that educated the participants on the reporting guidelines of the Charter. George Kunda, SC., MP. MINISTER OF JUSTICE AND ATTORNEY-GENERAL 5 Executive Summary The Government of the Republic of Zambia ratified the African Charter on Human and People’s Rights in 1987. In accordance with the reporting guidelines under the Charter, this is Zambia’s Initial Report to be presented to the Commission. The Report outlines the legislative, judicial, administrative and other measures that the State party has put in place in order to adapt its national laws and policies with the provisions of the Charter. It also illustrates the various challenges that the State party experiences in implementing the Charter. The responsibility of preparing State reports including the report on the African Charter on Human and Peoples Rights lies with the Ministry of Justice. In order to facilitate the process of preparing this State report, the Ministry of Justice constituted an Inter-Ministerial Human Rights Reporting Committee, which was tasked with the responsibility of coordinating the collection of data contained in this Report. The members of this Committee were drawn from relevant Government Ministries and Departments, the Judiciary, Human Rights Commission, Police, Prisons, Drug Enforcement Commission, Civil Society and Academia. The process of preparing the State Report on the Charter commenced with an induction workshop which was held in Lusaka, the Capital city, by the Ministry of Justice for Members of the Inter-Ministerial Committee. Local Zambian resource personnel were employed in educating participants on the reporting guidelines of the Charter. Provincial workshops were subsequently held and data collected in line with the reporting guidelines of the Charter. With the data received from all the provinces, a draft Report was prepared. In order to confirm the content of 6 the Report, a two-day National Validation Symposium was held for all stakeholders in Lusaka. The preparation of the Report afforded the Zambian Government the opportunity to assiduously review its legislative, judicial and administrative measures; in order to identify areas in which the protection and promotion of human rights can be enhanced. CHAPTER 1 Chapter 1 contains the core document for human rights reports on Zambia. It provides the general overview of the Country, in terms of the land, the people, the economy, the political structure, and the general framework within which human rights are protected and promoted. Chapter 1 also contains information of other institutions that the State party has created to enhance the protection and promotion of fundamental rights and freedoms for all. These institutions in the main include the Human Rights Commission responsible for investigating human rights abuses and the Commission for Investigations which is responsible for investigating mal- administration by public officers. CHAPTER 2 Chapter 2 outlines the level of enjoyment of human rights in Zambia including the measures that have been taken or are being undertaking to eliminate any kind of discrimination. It also describes the competent authorities within the State party that deal with human rights violations and the remedies available to victims of violations. 7 CHAPTER 3 Chapter 3 outlines the measures that exist to ensure the principle of equal protection of the law. In this regard, the Chapter takes cognizance of the numerous non-discriminatory clauses discussed throughout the Report. It also outlines the system of legal aid which is available to the vulnerable groups of society. CHAPTER 4 Chapter 4 contains a very broad description of the right to life; the measures taken to reduce child mortality and malnutrition and increase life expectancy; measures against arbitrary deprivation of life; and the death penalty. CHAPTER 5 Chapter 5 sets out the legislative, judicial and administrative measures that the State party employs in prohibiting slavery or servitude in its territory. It also deals with issues of forced labour and conscientious objection. CHAPTER 6 In Chapter 6, the State party describes the nature of the right to liberty and security of person. It also outlines the circumstances in which a person’s liberty can be deprived. CHAPTER 7 Chapter 7 gives an account of the measures that guarantee the equality of all persons living in Zambia before courts and tribunals. In particular Chapter 14 describes procedures that are available to suspects in criminal proceedings. CHAPTER 8 Chapter 8 deals with the protection of the right to freedom of thought, conscience and religion. 8 CHAPTER 9 Chapter 9 illustrates the extent to which the right to hold opinions and the right to freedom of expression are protected. Special emphasis is laid on the distinction between the right to hold an opinion and the right to freedom of expression. CHAPTER 10 Chapter 10 deals with the right to freedom of association and the right to form and join any trade union of one’s choice. The Chapter also deals with industrial action and essential services. CHAPTER 11 Chapter 11 describes the measures that the State party has put in place to protect the right to peaceful assembly. It also describes the challenges that exist in implementing the Public Order Act. CHAPTER 12 Chapter 12 deals with the right to liberty of movement and freedom to choose one’s residence. It is worth noting that the right is subject to certain restrictions. CHAPTER 13 Chapter 13 deals with the right of every citizen to take part in the conduct of public affairs, directly or indirectly. It outlines the electoral regulations that have been put in place to ensure universal adult suffrage. It further
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