ZAMBIA'S SECOND REPORT INTRODUCED IN HUMAN RIGHTS COMMITTEE

Press Release
HR/CT/460

ZAMBIA'S SECOND REPORT INTRODUCED IN HUMAN RIGHTS COMMITTEE

Since its first report to the Human Rights Committee, Zambia had undergone major changes, including the holding of multi-party elections and the installation, in October 1991, of a Government that was committed to promoting democratic principles and fundamental human rights, that country's Permanent Representative told the Committee this morning. Introducing Zambia's second periodic report on its compliance with the International Covenant on Civil and Political Rights, Peter L. Kasanda said the President had appointed a commission to ensure that Zambia's Constitution supported such fundamental rights and freedoms. The Government had also instituted measures to strengthen the rule of law and an independent judiciary. Members of the Committee raised a number of questions focusing on the issues of discrimination and violence against women, laws regarding abortion, and the position of customary law in Zambia's Constitution. Questions were also raised on such matters as prison conditions and imprisonment for debt, as well as a case in which the speaker of Parliament sentenced journalists to indefinite detention for contempt of Parliament. Responding to some of the questions on discrimination against women, Mwila Chigaga of Zambia's delegation said the problem was widespread and broad-based. While women who chose to marry under statutory law were fully protected, only educated, independent Zambian women were in a position to assert that option. The majority of Zambian women were not in a position to say "no" to marriage under customary law. With regard to wife-beating, she said Zambian women were protected in that such assault was a crime. However, most beaten wives refused to file complaints, generally because of economic dependence on their husbands. In its efforts to facilitate change, the Government was placing emphasis on education and had instituted a policy of "positive discrimination". Lobbying by Zambia's active non-governmental organization community was also encouraging a change in attitudes, she said. Questions were raised by the experts from Mauritius, Israel, India, Cyprus, Egypt, Chile, Jamaica, Australia, United Kingdom and Germany. The Human Rights Committee will meet again at 10 a.m. Wednesday, 27 March, to continue its consideration of Zambia's second periodic report.

Committee Work Programme

The Human Rights Committee met this afternoon to begin consideration of Zambia's second periodic report on its compliance with the International Covenant on Civil and Political Rights (document CCPR/C/63/Add.3).

According to the report, Zambia attained independence in 1964 and reintroduced multi-party democracy in December 1990. The rights set forth in the Covenant are embodied in Zambia's Constitution. There are also statutory provisions that provide for protection of fundamental freedom and human rights. Institutions such as courts have been established to provide redress in cases of proven violations. Zambia has ratified the Optional Protocol.

"Women in Zambia suffer social discrimination and they still have a long way to go before equality with men is fully realized", the report states. Several non-governmental organizations are carrying out seminars and workshops to bring about gender awareness in both men and women, and projects are being carried out to encourage women to be economically self-reliant. Despite government measures to encourage their participation in national affairs, women continue to feel marginalized in public life and to be economically disadvantaged.

A state of emergency existed in Zambia from independence in 1964 until after the multi-party elections of 1991, the report states. It was again invoked in March 1993 "to deal with a situation involving a plot to make the country ungovernable through an orchestrated campaign of civil disobedience". A few members of the former ruling party were detained and subsequently released. Some were then charged with criminal offences. The Constitution provides for derogation from fundamental rights and freedoms under a state of emergency.

The death penalty has not been abolished in Zambia and may be applied for the offences of murder and treason, the report continues. A convict may petition the President for clemency and secure a pardon or have his sentence commuted to life imprisonment. On other right-to-life issues, the right to life of an unborn child is protected to a considerable degree, a wrongful act or omission causing death can give rise to an action for damages, and a deprivation of life constituting genocide is punishable as murder.

Although Zambia is not a signatory to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, such treatment is not permissible under its law, the report states. Judicial remedies are available and organizations exist to check into allegations of torture and to educate people on their rights. Evidence and confessions obtained under duress may be declared inadmissible by the courts. Police officers are bound to refrain from acts of torture, and the Prisons Act provides for magistrates

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and judges to visit prisons at any time when complaints by remanded persons and convicts are made.

Zambia's Constitution protects individuals from slavery and servitude, and prohibits forced labour except, for example, in connection with a court order, the report continues. An arrest is unlawful unless reasons for arrest are communicated to the person in a language he understands. An arrest becomes unlawful if there is unreasonable delay in taking a suspect before a court of law to be dealt with according to the law.

While Zambia accepts the Covenant principles on protection from inhuman treatment, its economic situation has resulted in underfunding of the Prison Service Commission and lack of adequate prison facilities. As a result, in some areas accused and convicted persons share the same prison facilities. Economic constraints have also impeded segregation of juvenile offenders from adult prisoners during the pre-sentencing stages of the trial.

A person cannot be sent to prison for failure to comply with a contractual obligation, the report states. The courts can only imprison a debtor when such a person has defaulted on a court order. The Constitution guarantees freedom of movement for citizens and non-citizens within its territory, excluding movement on land that had been set aside for defence uses, and certain mineral-rich areas and national parks. The Government may order the expulsion of a non-citizen.

In Zambia, all persons are equal before the law, according to the report. While children and persons of unsound mind may not pursue an action in their own right before courts of law, actions may be brought on their behalf. The right to a fair hearing is guaranteed by ensuring the independence and impartiality of the judiciary, through rules of evidence, by provision of legal representation and interpreter services, and through the application of remedies for allegations of unfairness in the manner in which a case is heard.

Except where provision is made to the contrary, all courts are open courts, the report states. The decisions of the Supreme Court and High Court are published in law reports. An accused person is presumed innocent until proven guilty. All trials are conducted in the presence of the accused. The entitlement of any person to defend a charge, either in person or through an advocate, is recognized. The right to appeal against sentence or conviction is provided. The approach to the treatment of juvenile criminal offenders is protective and rehabilitative rather than punitive.

The law in Zambia cannot be applied retroactively, the report continues. The protection of the right to privacy and property is not absolute. Exceptions are taken with respect to: issues of public safety, order, morality and health; in the interests of defence; or for the purpose of protecting the rights or freedoms of other persons.

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Freedom of thought, conscience and religion are guaranteed under the Constitution, according to the report. The President has declared Zambia a Christian country, but no law prohibits other religions to be practised fully. Religious education is not compulsory. In Zambia, everyone has the right to freedom of expression and to seek, receive and impart information and ideas as they wish. However, limitations are imposed to ensure that the enjoyment of that right and freedom by any person does not prejudice the rights and freedoms of others or the public interest.

While there is no general prohibition on propaganda for war, a number of actions which could fall under that category are outlawed, the report states. The Penal Code outlaws expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of origin or colour. The Constitution bans discrimination based on race, religion and political opinions.

The right to peaceful assembly is guaranteed under the Constitution, with restrictions aimed at maintaining public order, public health, and to protect the rights and freedoms of persons not taking part in a particular assembly. All assemblies, public or private, are subject to the interests of public health, morality and safety. While there are no restrictions on freedom of association, associations of more than a certain number of people must be registered. Restrictions are imposed on persons employed in the public service or civil servants.

In Zambia, the extended family is a fundamental social institution, the report states. It is covered by customary law and recognized as beneficiary of a deceased person's estate. The right to marry is regulated under both statutory and customary law.

The Constitution proscribes the employment of children under fifteen years of age in any occupation that prejudices their health or education, or interferes with their development, say the report. It is a criminal offence to attempt to procure an abortion and to actually abort. A child under the age of eight years is not criminally responsible. Although the employment and exploitation of young children is prohibited, the prevailing economic situation makes it impossible to fully realize that right. While the law prohibits trafficking of children and protects them from ill-treatment, the social welfare system lacks the necessary manpower and equipment.

According to the report, Zambian citizens are free to take part in public affairs. They may vote and stand as candidates for any public office and may seek appointment to various non-elected public offices. Entrance to Zambia's public service and armed forces is open to all citizens. While the right to equality is enshrined in the Constitution, "positive discrimination" is permitted in such areas as the employment of women and young children. Zambia is a multiracial society which supports and protects minorities.

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Introduction of Report

PETER L. KASANDA (Zambia) said his country had undergone major changes since the submission of its previous report. It had undertaken multi-party elections, and the ruling party -- the Movement for Multi-Party Democracy -- was ushered into power on 31 October 1991. That Government was committed to promoting democratic principles and was determined that the Constitution should effectively promote fundamental human rights and freedoms.

He said the President had appointed a commission to review Zambia's Constitution, he said. Its terms of reference included collecting views from the general public, including Zambians living outside the country, on the type of constitution Zambia should enact. It was to recommend a system of government that would ensure Zambia was governed through free and fair elections, arrangements to entrench and protect human rights, and provisions to ensure the impartiality and independence of the judiciary.

He said the Commission would also make recommendations on: the composition and function of the organs of state; a system for a smooth transfer of power following an election; and relations between the party in power and opposition parties. It was also to recommend whether the Constitution should be adopted by the National Assembly, a constituent assembly, a national referendum or some other means. It was to recommend a method for amending the Constitution and examine subject matter relevant to strengthening multi-party democracy. In discharging its duties, it was to undertake wide consultations with the public and relevant groups.

The Government was aware of the importance of an independent judiciary, and had been working to strengthen the rule of law, he said. It had already instituted wide-ranging measures, beginning with the retraining and reorientation of police officers, judges and magistrates. On the economic front, a structural adjustment programme had been put into place. It had already precipitated major reforms in the financial, economic, social, health and education sectors. Fiscal policy had been targeted to achieve a better balance between domestic demand and production, while raising national savings and providing a short-term stimulus to aid economic recovery.

In preparing the current report, the Government had considered the guidelines already adopted by the Human Rights Committee, he said.

Responding to written questions from the Committee, Mr. Kasanda then said that since the last report was submitted in 1987, Zambia had undergone major transformations, including the amendment of the Constitution to provide for a multi-party system. In 1993, a commission had been appointed to gather information all over the country on a general consensus on the type of constitution the people wanted to have. A white paper had been published as the outcome of that commission's work. In the economic arena, there had been

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also profound changes aimed at transforming the economy from a centralized one into a market-oriented one. That had required a series of amendments to Zambian laws.

He said the Zambian bill of rights guaranteed certain fundamental human rights, and it was part of the Constitution. Thus, it was part of the supreme law of the land. There were no contradictions between the bill of rights and the Covenant, as the bill of rights contained the rights guaranteed in the Covenant. Considerable thinking had been given to incorporating the Covenant into domestic law. Debate on the new Constitution was in a very advanced stage. One type of debate was by the public. The other type related to the technical drafting of the Constitution, which involved comparison with international human rights standards. Thus, the Covenant had been taken into account in the formulation of the new Constitution.

He said the Commission for Investigation was established essentially to investigate complaints of maladministration and make recommendations to the Government. The Munyama Human Rights Commission was established to investigate cases of torture and human rights abuses. It made recommendations to the Government to facilitate the promotion and protection of human rights. The report of the Commission was now before the Government, and the Commission had finished its work. There was a direct relationship between those two bodies, as they were both advisers to the Government and investigated its performance.

Steps to disseminate information on the rights recognized in the Covenant in the various languages spoken in Zambia had not been taken due to financial constraints, he said. Economic problems had necessitated government cutbacks. Another constraint in that regard was the problem of illiteracy in the country.

At independence, Zambia was in a state of emergency, and certain regulations had been enacted to protect public security, he continued. Such regulations were used to curtail the activities of the independence movement. Historically, that was the origin of the state of emergency, which had continued after independence, due to problems Zambia faced with some of its neighbours. In 1991, the state of emergency was lifted. It was reinstated in 1993, when a subversive plot was discovered, but it had lasted for only three months.

All persons were equal under the law in Zambia and that included minorities, he said. In 1990, a constitutional amendment had been adopted by which discrimination on the grounds of sex was prohibited. The major problem, however, was de facto discrimination. Although forbidden, such discrimination did exist, a consequence of some cultural differences that put women in an inferior position. The Government acknowledged that such a situation existed. The long-term solution to that problem was education, of both the society, to

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encourage a change in attitudes, and also education of the girl child, so she learned to value herself.

Questions by Committee

RAJSOOMER LALLAH, expert from Mauritius, welcomed the political changes in Zambia and drew attention to Zambia's role as a centre for self- determination in the region. Its reports indicated its commitment to the Covenant, and the Government had remedied many of the issues which had been brought to its attention. However, not all the grounds on which discrimination was prohibited had been cited in the Constitution.

Although sexual discrimination was included in the Constitution, what was given by the right hand had been taken away by the left hand, he said. There were various derogations which adversely affected the equality of women. He cited, in particular, the questions of divorce, adoption, devolution of property on death, and customary law. A study should be made of those aspects of customary law which affected women adversely. Equality between men and women required education, not merely legislation. However, such derogations as appeared in Zambia's Constitution did not assist in that effort.

He said he did not understand the restrictions regarding eligibility for the presidency, and asked the delegation to share the country's experience on that question. Was any insuperable difficulty created to prevent persons from being eligible to public office under the terms of the Covenant? While that right was restricted to citizens, one could make things very difficult by establishing restrictive terms for citizenship.

DAVID KRETZMER, expert from Israel, welcomed the transition to a multi- party democracy in Zambia. While Zambia's report provided a great deal of information regarding the law, it did not say much regarding actual practice in the country. Fortunately, there seemed to be very active non-governmental organizations in Zambia, which addressed various human rights questions, including the rights of women.

He said that even if the judiciary in Zambia was independent, it was worrying that the judiciary was not the only body exercising such powers. He cited an incident in which journalists from The Post in Zambia were condemned by Parliament itself -- a political body -- which sentenced them to indefinite detention. It seemed the Government of Zambia had not done all it could to fight discrimination against women. In fact, it seemed that the law was being used to reinforce existing discriminatory attitudes. Citing laws bearing on wife-beating and on the legal role of adultery in divorce, he said de facto discrimination was being legitimized by the legal system.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, asked how the Government could take affirmative action in respect of women's rights, in view

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of the definition of discrimination contained in Zambia's Constitution. The Constitution also seemed to permit discrimination against non-citizens of Zambia -- a distinction which was not compatible with the Covenant. In view of the procedure outlined for the granting of legal aid, it seemed that a litigant might need to obtain legal aid for the effort to obtain legal aid.

He said he had never known any case in Indian or British jurisprudence where the speaker of Parliament had condemned persons to indefinite detention until they apologized. Under Zambian law, what authority was conferred on the speaker to commit a person for contempt of parliament? He also asked for further information regarding Zambia's human rights commission. Could the Government simply reject the proposals of that body?

He cited a report by Amnesty International which indicated that conditions in Zambian prisons were "notoriously poor". That organization stated that prisoners were overcrowded, denied basic necessities and medical treatment, and provided with inadequate food. Could the delegation comment on those comments?

What steps were being taken to end discrimination against women resulting from the enforcement of customary and family law? he asked. Widow's inheritance under the law also represented a glaring inequality between men and women. Did Zambia have a problem of child labour? What was the incidence of child labour in hazardous industries? What steps were being taken to eliminate child labour from such industries?

ANDREAS V. MAVROMMATIS, expert from Cyprus, said that since the transition to multi-party democracy, there had been considerable progress in the country. On the next opportunity to bring Zambian legislation in line with the Covenant, he suggested that the provisions of an international instrument should be included, instead of the drafting of new provisions.

Concerning women, he said that more efforts should be put into eliminating ingrained prejudices. He expressed satisfaction with the ratification by Zambia of the Optional Protocol, adding that it had excellent record on matters under it. The explanation of the delegation on how Zambia complied with the views of the Committee had been confusing. Like any other common law country, there was imprisonment for debt in Zambia in the case of a person failing to make certain types of payments. That was a matter that should be examined.

OMRAN EL-SHAFEI, expert from Egypt, welcomed the changes in Zambia. The report and the delegation had stated that almost all provisions of the Covenant were covered by the Constitution. He asked if there had been any intention of conducting a revision of that, to make sure all Covenant rights were indeed guaranteed under Zambian law. It seemed that no revision had been made at the time of the ratification of the Covenant. Some measures must be

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taken to correct the situation of customary laws conflicting with international obligations.

CECILIA MEDINA QUIROGA, expert from Chile, sought further information on the state of emergency provisions, of which there were two in the Constitution. She also asked about derogations during a state of emergency. What was Zambia doing to deal with de facto discrimination and related matters, including violence against women? How was Parliament dealing with that? Abortion was a crime in Zambia, but perhaps it was too much to consider abortion a crime. Given that abortion was a crime, she asked about the mortality rate in those cases. She also wanted to know about the situation of unmarried women who wanted to have an abortion. Was there, in fact, affirmative action and campaigns to help out the situation of women?

LAUREL FRANCIS, expert from Jamaica, asked about the relationship between the Constitution and the Covenant. What were the prospects of having the Zambian Constitution brought totally into conformity with the Covenant? As the delegation had admitted, discrimination on gender issues on a de facto basis still existed. He called on Zambia to reconsider the matter.

ELIZABETH EVATT, expert from Australia, referred to a case in which a woman had not been admitted to a hotel because she was not accompanied by a man. She sought more information on that case and the regulations applicable to it. Referring to discriminatory laws, including on citizenship, and customary law and its privileged position in the Constitution, she wondered if such issues were related to a lack of representation of women in the political process itself.

Response to Expert Questions

Mr. KASANDA (Zambia) said his country had signed the Optional Protocol with the intention of ensuring that the obligations it entailed would be carried out in due course. Zambia was not ashamed to acknowledge problems in certain areas. The country's current policies, following the ending of the dictatorship, would be governed by transparency, accountability and complete fair play. He was, therefore, grateful for the searching and considered queries which had been presented.

It had not been possible to raise the funding to have someone come from the capital of Zambia to help address the Committee's concerns, he said. However, all of those concerns were being noted and where it was not possible to provide an immediate answer, the questions would be followed up on with the Committee.

He acknowledged that there were major difficulties with respect to discrimination against women. With regard to adultery laws, those who chose to marry under statutory law were fully protected under Zambian law. However,

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customary law was permissive and polygamous and presented a different situation. When he was growing up and his own relatives were beaten up by their husbands, the woman would not even admit to having been beaten. That situation was changing, but it was a slow process.

When schoolgirls became pregnant, they were expelled from school on disciplinary grounds, he said. If that were not done, it would open up a Pandora's box, with many pregnant girls in the classroom. However, now it was not only the girl who was expelled, but the boy as well. It was, therefore, a lesson to others that such behaviour could not be condoned.

MWILA CHIGAGA (Zambia) said a lot of emphasis had been placed on the influence of de facto discrimination and the effect of customary law on such discrimination. However, Zambian law offered a choice as to what type of marriage one would enter. One could marry under the Marriage Ordinance, which was similar to the Marriage Act prevailing in the United Kingdom. In such case, adultery by either party would be grounds for divorce, as it would demonstrate the irretrievable breakdown of the marriage.

One could also choose to contract a marriage under customary law, in which case the provisions of customary law would apply, she said. Customary law allowed for polygamy. One did not even know if there was something known as "adultery" under customary law. In such a situation, there were limits on what the Government could do.

The problem of discrimination against women in Zambia was very widespread, she said. An educated women in Zambia today knew her rights, and so would be very wary of contracting a marriage under customary law. Because of her education, she could get a good job and be independent, and could, therefore, decide upon the type of marriage. However, the majority of Zambian women were not in a position to say "No".

The Government could only enforce laws that the citizens of the country agreed to have enforced, she said. Following a national debate, a law of succession was instituted that most women felt was not fair to the widow, as it entailed inheriting only 20 per cent of the husband's estate. More than three quarters of Zambia's Parliament was composed of men, and society was simply not ready for greater change.

There was no law which prevented a bank from granting credit to a woman, she said. However, the mentality of society on that issue resulted from the fact that some 90 per cent of bank managers were men. The Government could not legislate every action of society. It could facilitate change and, to that end, it was placing emphasis on education. In recent years, there had been "positive discrimination" in favour of girl's education, through lowered requirements for entry into secondary school, college and university. The

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lobbying by Zambia's active non-governmental organization community was encouraging a change in attitudes.

Although it had been stated that Zambian society allowed a wife to be beaten, Zambian law protected women in that assault was a criminal offence, she said. If a wife were beaten by her husband and taken to the hospital, the doctor would certify her injuries. She was then free to press charges against her husband. However, in 98 per cent of the cases, the woman refuses to file a complaint, and she cannot be compelled to do so. Her reluctance is usually a result of economic dependence on her husband. That was not a matter of lack of commitment by the Government, but of the realities of the situation.

Mr. KASANDA (Zambia), referring to the case of the unaccompanied woman that could not enter in a hotel, said that had nothing to do with the Government; it was rather an administrative decision of the hotel. Probably, it had to do with discouraging prostitution and soliciting in the hotel lobby. On the case of two journalists who had been detained, he said their case had not yet been heard because the Parliament was in recess. Journalists were very free in Zambia, and the Government did not interfere with them, but when they attacked the Parliament, the reaction was different.

He said there were two constitutions in Zambia. According to one, any citizen could be elected to any public office. However, new legislation had established that to be President, one would have to be at least third generation Zambian. However, that was not yet law. The former President had also been to court to decide on the question of his citizenship. As for a cabinet composed entirely of men, he said that was a problem. The main criteria, however, was that one should be qualified. Of the three women which were in the Government now, two were dealing, respectively, with energy, and science and technology as junior ministers, although not with finance.

International standards on women's advancement were being implemented, but in customary law there were still problems, he said. He assured the Committee that, as a Government, Zambia was doing everything to tackle the gender discrimination issue. "We are sincere in this, we have absolutely nothing to hide", he said. Imprisonment for debt existed, but the creditor had the obligation to pay for the subsistence of the debtor.

Mrs. CHIGAGA (Zambia) said the Zambian Government felt obliged to review its statutes to keep them in line with its international obligations. The principle behind the ratification of international instruments was to implement them, but obviously that could not be done overnight and that process was actually quite long. However, there was a lot of activity in that area at the moment.

The derogation of freedom of conscience under states of emergency was indeed a derogation of article 4, she said. That was the reason the

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declaration of states of emergency was avoided as much as possible. In Zambia, women had free access to family-planning facilities and contraceptives were provided free. As for the protection of unmarried women, she said that was open to interpretation, as Zambian society did not discriminate against an unmarried woman having children. Abortion was not a serious problem in Zambia.

Additional Questions

Lord JOHN MARK ALEXANDER COLVILLE, expert from the United Kingdom, asked for a copy of the text of the legislation related to the detention of the two journalists.

DAVID KRETZMER, expert from Israel, asked about legislation outlawing discrimination in the private field, including housing.

ECKART KLEIN, expert from Germany, asked for further information on states of emergency, particularly concerning derogations to freedom of conscience and prohibition of discrimination.

Mrs. EVATT, expert from Australia, sought further information on illegal abortions, adding that, according to United Nations information, a significant ratio of maternity admissions were related to that, indicating that the problem was of quite a large dimension.

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