23rd January – 3rd February 2023
Zambia Review - 4th Cycle
30th January 2023
By Kiyana Newell / GICJ
Executive Summary
On January 30th, 2023, Zambia presented its country report during the 42nd Session of the Universal Periodic Review (UPR). During the review, United Nations member states were able to have an interactive dialogue where they were able to discuss concerns and provide human rights recommendations to Zambia's government.
During the interactive dialogue, Zambia was commended for its efforts since the last periodic review cycle held in 2017. However, concerns were raised regarding restrictions on the right to expression and protection of torture, discrimination involving lgbtqia+ and persons with albinism, an insufficient amount of protection against gender-based violence and protection of children's rights.
Geneva International Centre for Justice (GICJ) welcomes the strides made and the commitment to making legislative and policy changes to improve the human rights situation in Zambia since the last UPR cycle. Although we recognize Zambia's improvements, we subsequently share the concerns of the delegates. We are concerned with reports of high rates of gender-based violence during the Covid-19 pandemic and high rates of child marriage at the community level, attacks on persons with albinism, the ramifications of the Cyber Security and Cyber Crime Act. Moreover, we are alarmed by the targeting of human rights workers who focus on work to promote equality, and reports of poor facility conditions in detentions. Therefore, we denounce restrictions on freedoms of expression and any forms of discrimination and urge Zambia to protect persons from torture or violence.
Background
In 2006, the UPR process was established to assess member states' revision of international laws to improve human rights and uphold international standards within countries (Res. 60/251). Zambia has undergone 4 periodic reviews. The first was in May 2008; the second in October 2012; the third in November 2017; and the current review in January 2023.
In the 4th cycle, Zambia followed up on the recommendations made by UN member states from the last UPR cycle in 2017. In addition to the recommendations, Zambia's review consisted of: 1) the country's national report, 2) the UN compilation report, and 3) information provided by stakeholders.
Interactive Dialogue
Mr. Mulambo Haimbe, the Minister of Justice of Zambia, took the floor and welcomed all member states to Zambia's 4th UPR. Mr. Mulambo Haimbe also presented Zambia's report and illustrated that Zambia had 203 recommendations from the last UPR cycle, 183 were supported, and Zambia's government fully implemented 105. One of the recommendations was the abolishment of the death penalty, which was recently implemented on December 23rd, 2022. Secondly, Zambia repealed its law on defamation, which punished those who insulted the president. Thirdly, the report informed members of the implementation of the Children's Code Act of 2022, which criminalises child marriages.
Mr. Mulambo Haimbe described that Zambia's government had adopted legal mechanisms to better enhance the implementation of human rights recommendations by strengthening its legal framework, professional training in human rights, and developing standard operating procedures through Covid-19 and during elections. In reference to equality and discrimination, it was mentioned within the country's national report that the State party had been raising awareness among the general public to combat gender-based violence against women and girls.
The floor then was given to delegates who commended Zambia on its efforts to improve human rights conditions but gave concerns and recommendations highlighting key issues.
Freedom of Expression and Protection From Torture
Constraints on Freedom of Expression and Protection from Torture were one of the key elements discussed in the interactive dialogue. The representative of Denmark expressed concern about Zambia's codes of restricted freedom of expression for civil organisations, journalists, and members of opposition parties as well as poor conditions in prisons, especially lack of healthcare. Denmark recommended that Zambia review and amend the Cyber Security and Cyber Crime Act of 2021, in which restricts freedom if expression, and ratify the protocol to the Convention Against Torture.
The United States welcomed the opportunity to serve on the troika to prepare Zambia's report and was delighted that Zambia agreed to host the Summitt for Democracy in March 2023. Similarly, the U.S. recommended that Zambia amend the 2021 Cyber Security and Cyber Crime Act to uphold freedom of assembly, expression, and privacy protection. France, Ireland, Germany, and Mexico expressed similar concerns concerning the restriction of freedom of expression.
The delegates of the United Kingdom and the Netherlands also expressed that the Anti-Torture bill needed to be adopted and implemented expeditiously to protect persons from torture.
Women's and Children's Rights
Zambia had made improvements regarding Women's and Children's rights, demonstrated by the implementation of the Anti-Gender-Based Violence Act of 2011, the Gender Equity and Equality Act, which criminalises all violence against women, and the Children's Code Act of 2022. Regardless, Costa Rica, Germany, and South Africa still had reservations about the violence and discrimination within Zambia.
The representative for Costa Rica recommended that Zambia take all necessary measures to combat gender violence through the implementation of the 2009 law against gender violence and to take economic measures to ensure shelters in all provinces within the country. Germany wanted better protection of women and girls and recommended finalising the review of the Anti-Gender-based violence act and adopting the Zambian electoral law.
South Africa wanted Zambia to increase its efforts to address the root cause of child marriages and to maintain girls in the education system. Specifically, South Africa urged Zambia to strengthen social protection policies by focusing on adolescence to ensure a safe transition into adulthood in low-income households.
Minority Rights
Ensuring equality for all protected characteristics
The Netherlands regretted that Zambia did not accept any recommendations regarding the protection of the rights to the lgbtqia+ community in previous UPR cycles. Similarly, Spain and the U.S. discussed the rights of lgbtqia+ persons. For this reason, the Netherlands, Spain, and the U.S. recommended that Zambia strengthen the legal protection of the most vulnerable groups and decriminalise same-sex relations between consenting adults.
Persons with Albinism
The representative of Congo recommended that Zambia continue its efforts and strengthen the protection of people with albinism against all forms of violence to ensure full implementation of their rights. Equally, Costa Rica expressed the need for Zambia to address the discrimination of persons living with albinism through education programs to do away with superstitions regarding people living with albinism.
Geneva International Centre for Justice (GICJ) welcomes the efforts made by Zambia's government to improve human rights standards in the country by eliminating the death penalty, repealing the criminalisation of defamation of the president, and criminalising child marriages.
However, we share the concerns voiced by several countries regarding the restrictions on freedom of expression, lack of protection against torture, and the rates of discrimination and violence. We urge Zambia to amend the 2021 Cybersecurity Act and the Cybercrime Act to ensure freedom of expression and privacy and implement the Anti-Torture Act of 2016. Further, we ask Zambia to support the recommendations given by member states to promote and protect women's and children's rights. We also ask Zambia to promote equality regardless of gender, or other characteristics as well as support recommendations regarding the discrimination of persons with albinism.
Zambia UniversalPeriodicReview Minorities Freedom of Expression Justice Human Rights Geneva4justice DeathPenalty GICJ GenevaInternationalCentreforJustice HumanRights
