Human Rights Law at Zambia
Human Rights Law in Zambia – Overview
Zambia has a relatively robust constitutional and legal framework for the protection of human rights, though concerns remain regarding enforcement, political freedoms, and treatment of marginalized groups.
🏛️ 1. Legal and Constitutional Framework
The Constitution of Zambia (Amendment Act No. 2 of 2016)
Part III (Articles 8–56): Contains the Bill of Rights, protecting civil and political rights such as:
Right to life
Freedom of expression, religion, association, and movement
Protection from discrimination
Protection from torture and inhuman treatment
Limitations: Some rights can be suspended during a state of emergency, and socio-economic rights (like healthcare, housing, education) are not enforceable through the courts.
Human Rights Commission (HRC)
Established under Article 230 of the Constitution.
Mandate: Investigate human rights violations, promote awareness, and advise government on compliance with human rights norms.
Independent but faces challenges like limited funding and enforcement power.
🌍 2. International Human Rights Commitments
Zambia is a party to several international and regional treaties, including:
United Nations Treaties
ICCPR (Civil and Political Rights)
ICESCR (Economic, Social and Cultural Rights)
CEDAW (Women’s Rights)
CRC (Children’s Rights)
CAT (Against Torture)
Zambia also has a Universal Periodic Review (UPR) obligation under the UN Human Rights Council.
African Human Rights System
Member of the African Union
Party to the African Charter on Human and Peoples’ Rights
Under jurisdiction of the African Court on Human and Peoples’ Rights (though Zambia has not made the declaration to allow individuals direct access).
🚨 3. Current Human Rights Issues
Despite the legal framework, several ongoing issues have been reported by NGOs and international bodies:
a. Freedom of Expression and Assembly
Media freedom is constrained, with periodic harassment of journalists and shutdowns of independent outlets.
Public Order Act is often used to restrict peaceful protests and political gatherings.
b. Police Brutality and Impunity
Incidents of excessive force, arbitrary arrests, and custodial deaths have been reported.
Lack of accountability for security forces remains a problem.
c. Gender-Based Violence (GBV)
High levels of domestic and sexual violence against women and girls.
Government has laws like the Anti-Gender-Based Violence Act, but enforcement and support services remain weak in rural areas.
d. Rights of LGBTQ+ Individuals
Same-sex relations are criminalized under colonial-era penal laws (Section 155 of the Penal Code).
Discrimination, stigma, and arrests are common, despite international calls for decriminalization.
⚖️ 4. Enforcement Challenges
Judiciary: Generally independent, but slow and under-resourced.
Access to Justice: Limited for rural and impoverished populations.
Corruption: Undermines enforcement of laws and equitable human rights protections.
✅ Progress and Reforms
Some recent political transitions (e.g., peaceful elections in 2021) have improved prospects for civil liberties.
President Hakainde Hichilema’s government has pledged improvements in governance and human rights, but progress is still being monitored.
Conclusion
Zambia has a strong constitutional basis for human rights, and it participates in major international systems. However, implementation gaps, selective enforcement, and social discrimination, especially against vulnerable populations, remain key human rights challenges.
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