STATE OF HUMAN RIGHTS IN ZAMBIA 2007 Human Rights in the Fifth National Development Plan State of Human Rights in Zambia 2007 A Human Rights Commission project funded by United Nations Development Programme (UNDP) For information contact Human Rights Commission Human Rights House Independence Avenue P.O. Box 33812 Lusaka, ZAMBIA Tel: 251327/57 Fax 251342 eMail: [email protected] url: http://www.hrc.org.zm 2 State of Human Rights in Zambia 2007 HUMAN RIGHTS COMMISSION STATE OF HUMAN RIGHTS IN ZAMBIA 2007 Human Rights in the Fifth National Development Plan with special reference to Education and Skills Development Health Water and Sanitation Public Safety and Order Governance Gender and Development and Youth and Child Development March 2008 a Human Rights Commission project funded by UNDP 3 State of Human Rights in Zambia 2007 Table of Contents Foreword .3 Acronyms .4 Part I Introduction 1.1 The State of Human Rights Report .5 1.2 What are Human Rights? .6 1.3 Why are Human Rights Important? .7 1.4 The Law, International Conventions and Human Rights .9 Part II Development and Human Rights 2.1 Introduction .13 2.2 Human Rights in Selected FNDP sectors .15 2.3 Development and Human Rights – Looking Back .33 Part III Conclusions, Outlook and Recommendations 3.1 Conclusions .34 3.2 Outlook and Recommendations .35 Appendices I Excerpt from the Constitution of Zambia on Part III Protection of Fundamental Rights and Freedom of the Individual .36 II Notes on some Public institutions for the protection and promotion of human rights in Zambia .51 III Millennium Development Goals (MDGs) .53 4 State of Human Rights in Zambia 2007 Foreword Human rights monitoring and reporting has long been one of the tools identified for the enhancement of the protection and promotion of human rights worldwide. We are delighted to share with you the first State of Human Rights in Zambia 2007. Its purpose is to advocate for policy and legislative reforms in Zambia; monitor and report human rights in Zambia; and, assess, monitor and evaluate the performance of government in the protection and promotion of human rights in Zambia. The State of Human Rights Report in Zambia 2007 stands for the Human Rights Commission’s commitment and continuous attempt of making human rights a part people’s everyday life and culture. This first report considers the State of Human Rights in Zambia with specific reference to human rights in the Fifth National Development Plan (FNDP). The Report highlights and discusses the basic characteristics of human rights, looks at the relationship between human rights and development, the prevailing state in protecting and respecting human rights in Zambia. In particular it: (a) Examines and analyses Government's strides in terms of a rights-based development approach; (b) Provides information to the general population on what human rights are, their importance and the human rights situation pertaining in the country; and, (c) Acts as a tool to inform government action in the area of human rights and the Commission's programmes in the area of human rights education, other protective and preventive activities and in the areas of research and advocacy. Human rights are interrelated, indivisible and interdependent. The rights selected in this issue therefore do not imply their being more important than other rights. They are merely the first to be considered. The Human Rights Commission thanks the United Nations Development Programme (UNDP) for the programme support that resulted in the production of this first Report, and indeed all other stakeholders who took time to review the Report. We do hope that this and future Reports will contribute to increasing the importance and visibility of human rights issues and ultimately impact on all the people in Zambia. Pixie K. Yangailo Chairperson Human Rights Commission 5 State of Human Rights in Zambia 2007 Acronyms ACC Anti Corruption Commission AU African Union CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CSO Central Statistics Office DPP Director of Public Prosecutions ECZ Electoral Commission of Zambia FNDP The Fifth National Development Plan GIDD Gender in Development Division ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights LRF Legal Resources Foundation NGOs Non Governmental Organisations SADC Southern Africa Development Community UN United Nations 6 State of Human Rights in Zambia 2007 PART I INTRODUCTION Key Points § Importance of human rights reporting § Definition of human rights § Importance of human rights § Laws for human rights protection § Obligations of the government towards the population 1.1 The State of Human Rights Report require that the people hold their government accountable when attempts Monitoring and reporting of human to meet certain socio-economic and rights in a country is important. This is political obligations are not satisfactory. because monitoring and reporting of human rights provides the population The second viewpoint aims to and government information on the communicate information on the country’s performance with respect to relationship between human rights and good governance, respect for rule of development. In this viewpoint, the law, and adequacy of socio-economic country’s Fifth National Development development programmes and policies Plan (FNDP) is looked at so as to that are being pursued by the establish which human rights are government. secured and protected within the country’s development planning The State of Human Rights Report in context. Zambia 2007 aims to provide the people of Zambia and its government two In addition, the human rights and viewpoints of human rights. development viewpoint also looks at how the identified human rights are The first viewpoint aims to planned to be enhanced, and their communicate basic information on present status. As shall be noticed later, what human rights are and why human only selected development sectors in rights are important. This viewpoint the Fifth National Development Plan forms part of this introductory chapter. (FNDP) have been used for this It is hoped that by the end of the purpose. section, the reader will have acquired basic knowledge of what human rights Supporting legal and institutional are and their importance. To which frameworks and social context for end, it is also hoped that the reader will human rights protection and promotion have been equipped with an are also discussed within the human understanding that human rights do rights and development viewpoint. 7 State of Human Rights in Zambia 2007 Inherently, this part of the State of come from the Universal Declaration of Human Rights Report seeks to provide Human Rights. The Universal indicative milestones of future Declaration of Human Rights defines monitoring of human rights in the human rights that countries should development process in Zambia. It is respect and protect. also hoped that this can act as a tool the people can use in assessing Human rights are assurances that government’s commitment to a rights- without argument ensures that based development process. A rights- individuals or groups of individuals based development process is a can, by virtue of being human, freely development process that respects the enjoy fundamental freedoms and that freedoms and dignity of the individual they will be treated with dignity. and or groups of individuals within its population. In short, human rights are the basic rights and freedoms to which all Human rights observances in Zambia in individual humans or groups are 2007 are incorporated through entitled. This means that every human provision of some actual recorded cases is qualified to enjoy the rights simply of human rights violations, redress and because they are human. They are not in some cases constraints faced in earned and cannot be denied on the securing and protecting particular basis of race, religion, ethnicity or rights. Social mobilisation strategies gender. and challenges to human rights protection and promotion are also Human rights are in most cases discussed. protected and promoted by being written down in the laws of a country. 1.2 What Are Human Rights? These are called legal rights and are protected by the rule of law. In the laws Human Rights are universal of Zambia, basic human rights are undertakings protecting individuals written in the Constitution. and groups of individuals against actions by their government or groups Examples of human rights, as shall be of individuals which interfere with shown in this Report, are right to life, fundamental freedoms and human right to health, and freedom from dignity1. Our ideas of human rights torture or inhuman treatment. Human Rights Defined Human rights seek, to for Human rights are the rights possessed by all persons, by virtue of their common humanity, example, secure and ensure to live a life of freedom and dignity. that an individual or group Human rights are universal of individuals: – they are the same for everyone, everywhere. Human rights are inalienable § are protected from – they can neither be taken away, nor given up. And human rights are indivisible crimes such as – there is no hierarchy among rights, and no right can be suppressed in order to promote another right. 8 State of Human Rights in Zambia 2007 murder, massacre, torture, and the individual, groups of individuals rape; and the government.