The Human Rights Committee this morning concluded its consideration of the fourth periodic report of Zambia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the abolition of the death penalty and measures to improve prison conditions, while raising issues concerning violence against women and girls.
Committee Experts commended the State party on abolishing the death penalty. Had death sentences in military courts also been commuted to life sentences? Measures taken to prevent overcrowding in prisons during the COVID-19 pandemic were another positive development. Would they be permanent?
Experts said efforts to curb violence against women, such as one-stop centres, and the adoption of the anti-gender-based violence act were appreciated. However, there had been a 62 per cent increase in gender-based violence cases reported in 2022 versus 2021, and many victims were girls who were victims of defilement. What measures were taken to ensure access for victims to the reporting mechanism? Was there a timeline to operationalise the Gender Equity and Equality Act?
Thandiwe Daka-Oteng, Permanent Secretary for Administration in the Ministry of Justice, and head of the delegation said in opening remarks that Zambia recognized that there was an urgent need to draft corresponding legislation to the instruments to which the country was party, as well as to support victims of human rights violations, but progress had been made. A constitutional review process was underway and consultations for it included civil society organizations.
Ms. Daka-Oteng said that in 2022, Zambia abolished the death penalty and in February of this year, the President commuted 390 death sentences to life imprisonment. The delegation added that the President had commuted all death sentences to life sentences.
Measures to prevent overcrowding could be continued through creation of more correctional facilities, including open air farms, the delegation said. The issue was being addressed by Zambian Correctional Services and the judiciary. Often cases under appeal were afforded priority to be reviewed with view of release to prevent overcrowding.
The delegation noted that statistics were not available on reports of violence against women, but incidences had not increased. A hotline existed to address such issues and upon reporting, police would become involved. Defilement of a child carried a mandatory term of not less than 15 years imprisonment and other appropriate punishments as deterrents.
Ms. Daka-Oteng, in concluding remarks, thanked the Office of the United Nations High Commissioner for Human Rights for the opportunity to introspect on the Government and human rights. The delegation had considered the two-day dialogue as an opportunity to further improve implementation of the Covenant. Challenges were not a cause of despair but occasions for improvement. She reaffirmed that human rights remained a priority for the Government.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, thanked the delegation for the truly constructive dialogue. The willingness of the delegation to cooperate provided for more occasions for understanding all issues. Issued addressed included the mechanism for reporting and follow up, capital punishment, gender equality, violence against women, the excessive use of force and freedom of expression.
The delegation of Zambia was made up of representatives of the Ministry of Justice, the Ministry of Lands, the Ministry of Labour and Social Security, the Department of Immigration, the Zambia Police Service, the Ministry of Community Development and Social Services, the Zambia Law Development Commission, the Anti-Corruption Commission, the Office of the Commissioner for Refugees and Zambia Correctional Services.
During the meeting, Kobauyah Tchamdja Kpatcha was elected as the third Vice-Chair of the Committee and Farid Ahmadov was elected as the Committee Rapporteur.
The Human Rights Committee’s one hundred and thirty-seventh session is being held from 27 February to 24 March. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s . Meeting summary releases can be found . The webcast of the Committee’s public meetings can be accessed via the .
The Committee will next meet in public at 3 p.m., Friday March 3 to begin its consideration of the sixth periodic report of Peru ().
Report
The Committee has before it the fourth periodic report of Zambia ().
Presentation of the Report
THANDIWE DAKA-OTENG, Permanent Secretary for Administration in the Ministry of Justice, and head of the delegation, said that the Zambian Government had a duty to ensure that human rights were respected and promoted. The President, in an address to Parliament, underscored his administration’s commitment to upholding human rights, the rule of law, and the protection of people and private property. Zambia recognized that there was an urgent need to draft corresponding legislation to the instruments to which the country was party, as well as to support victims of human rights violations, but progress had been made. A constitutional review process was underway and consultations for it included civil society organizations, whose recommendations had been taken into account to organise the process. The final step would be consideration of amendments to the Bill of Rights. The Human Rights Commission Act of 1996 was currently undergoing review and a draft bill to strengthen the capacity of the Human Rights Commission to carry out its mandate had been submitted to the Ministry of Justice.
In 2022, Zambia abolished the death penalty and in February of this year, the President commuted 390 death sentences to life imprisonment. Further, freedom of speech had been expanded through the repeal of section 69 of the Penal Code, which criminalized defamation of the President. Furthermore, Zambia had started the process of repealing the oft-discussed 1995 Public Order Act to enhance freedom of assembly. The review process had been completed and its replacement, the Public Gatherings Bill, had been submitted to the Ministry of Justice. Access to information would be improved through a bill that would also enhance the independence and freedom of journalists. Zambia had sought the views of many civil society organizations in the drafting of this bill. Zambia had made significant improvement in meeting international standards of living conditions for inmates in terms of sanitation, provision of proper bedding and uniforms. More prisons, correctional centres and open-air farms were being constructed to reduce overcrowding in correctional facilities. Legal Aid Desks had also been introduced at courts, police stations and correctional facilities to guarantee easy access to legal services for inmates and suspects, and to reduce long terms of preventive and pre-trial detention.
Zambia was in the process of developing the first ever ³Ô¹ÏÍøÕ¾ Refugee Policy, which promoted refugees’. Moreover, the Office of the Commissioner for Refugees was implementing the Modernisation of Refugee Settlements Approach project to enhance the livelihood of refugees and host communities. The Government had also conducted a verification exercise to collect proper statistics on asylum seekers, refugees and former refugees in the Maheba, Mantapala, Mayukwayukwa and Lusaka Urban settlements. 83 per cent of the total population had been verified. A plan to end statelessness by 2024 was in progress. It would ensure that all children born to refugee parents were provided birth certificates. The Anti-Human Trafficking Act was amended in 2022. The law prohibited trafficking of children and certified victims, and the amendment had established the Anti-Human Trafficking Department to address all anti-human trafficking issues. Zambia was committed to reforming its legislation to ensure the enjoyment and respect of human rights for all.
Questions by Committee Experts
A Committee Expert noted the strong presence of women in the delegation. Congratulations were also in order for the Government’s approval of the reporting mechanism to better record and implement all recommendations of human rights instruments, including the human rights treaty bodies. What more could be done so that it would function optimally? Were there any recent developments in aligning domestic legislation with the Covenant? Which provisions of it had been applied in the courts and to what extent? How were new laws promulgated or amended to be in line with the Covenant? What steps were taken to follow up on decisions on individual communications such as No. 821/1998 Chongwe v. Zambia; No. 1520/2006, Mwamba v. Zambia and No. 1859/2009, Kamoyo v. Zambia?
The Committee noted with appreciation efforts exerted by the State Party and the Zambia Law Commission to ensure the compatibility between customary law and the provisions of statutory law. What were notable achievements in this regard and what obstacles were encountered in this process, especially with respect to communities’ chiefs and opinion leaders? Had the State party taken any steps to allow for legal and policy measures that discouraged the persistence of customary practices which were highly detrimental to women’s rights? What was the status of Zambia concerning the United Nations Convention against Corruption and the measures taken by the State party to cooperate regionally and internationally to combat corruption?
Another Committee Expert noted a 35 per cent increase in budget for the Zambian Human Rights Commission. In addition to decentralizing the office and opening offices in the ten provinces, what were other ways to improve the Commission’s work? The independence of the Commission was unclear. Was the President’s decree to give it financial independence permanent or temporary? The Global Alliance of ³Ô¹ÏÍøÕ¾ Human Rights Institutions (GANHRI) made several recommendations to strengthen independence and effectiveness of the Commission in 2018. Had those recommendations been addressed?
The Zambian Constitution regulated states of emergency and “threatened states of emergency”. It was unclear whether this statute gave the President the power to derogate from the bill of rights. A “threatened state of emergency” was invoked in 2017 due to the fire that gutted the Lusaka city market and there were allegations of excessive force used by law enforcement. Could the delegation address this? Though a state of emergency was not declared during the pandemic, several measures were taken that decreased civic space, including indefinite school closures, restrictions on public gatherings and closure of bars. How were these actions in line with Zambia’s own Constitution?
The Expert commended the abolition of the death penalty in 2022. However, reports were received that there were still 200 people on death row, which was concerning. Further, the Defence Act still permitted the military court to hand down a death sentence. Would further steps be taken to fully abolish the death penalty permanently?
A Committee Expert congratulated the mental health act of 2019 to care for those with mental health issues. Was up-to-date information available on protection against discrimination? The act deprived women of rights in certain cases, such as divorce. Were efforts underway to amend this?
Access to risk-free contraception and information on sexual and reproductive health was available throughout the country. Was there recent information on measures taken to revise legislation on abortion? Did three doctors still have to approve an abortion for it to take place? The requirement that abortion take place in hospitals was prohibitive to women living in rural areas. Were statistics available on back-alley abortions and medical personnel found guilty of performing an abortion? What were their penalties?
A Committee Expert noted with regret that no action had been taken regarding decriminalising consensual same-sex sexual relations. Criminalisation of such relations constituted an infringement of the right to privacy as outlined in the Covenant. Sodomy laws were inherently discriminatory against lesbian, gay, bisexual and transgender people. Statistics showed that 53 per cent of lesbian, gay, bisexual, transgender and intersex people had suffered violence in their lifetimes and over 70 per cent had suffered verbal harassment. Hate speech from high level Zambian officials was alarming, as were reports of arrest and forced anal exams of two men after consensual sex and an intersex individual forced to undress to apply for a job that required a female employee. Could the delegation address this?
Why had the establishment of the Gender Equity and Equality Commission stalled for years? What measures were planned to expedite the operationalisation of the Gender Equity and Equality Act? Was there a timeline? It was concerning that a woman’s right to inherit land did not apply to customary land, which accounted for more than half of the country. Was more detailed information available on obstacles faced by displaced women in securing alternative land? The requirement for all candidates to have a high school education disproportionately affected women. Female candidates were also targeted by political violence, cyber bulling and intimidation. Would the State party consider a quota or gender parity system to remedy the low rate of women’s political representation?
Efforts to curb violence against women, such as one-stop centres, and the adoption of the anti-gender-based violence act were appreciated. However, cases of violence against women had increased, especially following confinement during the pandemic. What measures were taken to ensure access for victims to the reporting mechanism? Could the delegation comment on sexual education materials that encouraged potential victims of sexual violence to avoid dressing provocatively or to “just say no”? Suggestions such as these would prevent victims from reporting violence.
Another Committee Expert requested more information on the use of lethal weapons. How were principles of proportionality and necessity defined? Complaints suggested that law enforcement dispersed demonstrations and public gatherings by force or with lethal arms. Could the State Party provide a copy of the law regarding this issue? Were there more details on killings of protesters committed by law enforcement? Were perpetrators prosecuted and sentences handed down? Were there more details on the investigation into the killing of Vespers Shimuzhila? Why was the investigation headed by a colonel?
The Executive had prepared a bill against torture. When would the bill be enacted into law? Was the definition of torture aligned with the Convention Against Torture? In criminal proceedings, confessions obtained under torture were not valid. As there was no law against torture, how did the State guarantee this? Could the State party give numbers on how many cases of torture been tried and convicted thanks to the reporting mechanism on torture?
Responses by the Delegation
The delegation said that steps taken to formally adopt the national mechanism for reporting and follow up included approval of cabinet members. In 2016, a referendum was held to harmonize the bill of rights with the Covenant and it unfortunately had failed. The bill of rights could only be altered through referendum. The judiciary had a school to inform all relevant judicial offices of new laws. The Government had started to slowly compensate Mr. Chongwe.
Research was underway to promote, protect and fulfil inheritance rights. The State party had attempted to reconcile both customary and statutory law. It had created integrity committees and service charters to combat corruption. Institutions had been encouraged to switch to electronic payment to avoid cash transactions. All transactions of the judicial offices were cashless as well. The integrity committee was an independent body that received reports of corruption. Its membership was diverse, with representation from all levels except the Chief Executive Officer. Employees could report other employees in instances of corruption. Violations that constituted corruption were investigated by the Anti-Corruption Commission. A major obstacle faced by members was that they were part of the committee in addition to their full-time positions. Members were selected by human resources after they were identified as persons of integrity. Zambia had integrated the United Nations Convention against Corruption into the anti-corruption act of 2012.
The Human Rights Commission was an independent body that was funded by the Government. The Commission was not fully funded because Zambia was a developing country. A steady and consistent increase in financing had occurred during the past five years. Consultations were underway with the Human Rights Commission to bring legislation in line with the Paris Principles and enhance the independence of the judiciary.
There were restrictions on movement during the pandemic but they were compliant with the Constitution. The law stated that under periods of public health issues, restrictions on movement could be imposed.
Statistics were not available on reports of violence against women, but incidences had not increased. A hotline existed to address such issues and upon reporting, police would become involved. Rights were altered because COVID-19 posed a threat to public health. Restricting freedom to assemble and closing schools was appropriate. The State party did not think of these actions as excessive. There were no lockdowns currently in the country.
