Zambia: Promotion Mission, 2008

The objectives or terms of reference of the mission are as follows:

• To promote the African Charter, exchange views and share experiences with major human rights stakeholders in the country on how to enhance the enjoyment on human rights in the country;
• To make a follow-up on the recommendations made to the Republic of Zambia in the Report of the Promotion Mission undertaken to the country from 9 – 13 September 2002;
• To raise awareness of and visibility of the African Commission and among the relevant government departments and institutions, as well as among civil society organisations;
• To encourage closer collaboration between the African Commission and the State on the one hand, and between the African Commission and civil society organisations on the other.

The mission was led by Commissioner Andrew Ranganayi Chigovera, assisted by Ms. Fiona Adolu, Legal Officer at the Secretariat of the Commission.

Recommendations

1. The Police Act (1999) should be amended to allow the PPCA to make recommendations directly to the PPC and for the latter to act on the recommendations;
2. The members of the PPCA and other constitutional and other independent bodies should be appointed through an open, transparent and more competitive parliamentary process (preferably through a public nomination). They should have security of tenure to guarantee their independence.
3. The financial and human resources capacity of independent bodies such as the PPCA and the Electoral Commission should be greatly improved;
4. Civil society organizations and other relevant stakeholders should cooperate with the PPCA to ensure the effective discharge of its mandate;
5. The police and the PPCA should work closely to enhance the promotion and protection of human rights;
6. The procedure for appointment of judges should be open and transparent and the body responsible for the selection and appointment of judges should include some judges;
7. The immigration authorities should treat migrants with dignity during the course of deportation;
8. The death penalty should be abolished;
9. The government should take urgent steps to adopt the draft Bill on Freedom of Expression and Access to Information;
10. Urges government to transform state-owned broadcasters into public broadcasters in a bid to give greater access to members of the public;
11. Call on the law enforcement agencies, in particular, the police, the judiciary and the prison service to work closely to deal with the serious problem of overcrowding in prisons;
12. To consider adopting non-custodial punishments such as community services and fines especially for minor crimes and petty offences;
13. The government should consider including socio-economic rights as justiciable rights in the Constitution being reviewed;
14. The government should abolish and take steps to discourage customary practices that discriminate against women such as property grabbing and the inheritance of women;
15. Labour laws should be adopted where they do not exist and implemented where they exist, to deal with discrimination of HIV/AIDS patients in the workplace as well as poor labour practices;
16. The Legal Aid system should be made more effective to be beneficial to indigenes;
17. The government should expedite payment of damages made by the Courts;
18. The University of Zambia should examine the role it can play in the promotion and protection of human rights in the country; and
19. The government should investigate allegations of deaths and rapes in police custody.