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HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF ZAMBIA
10 July 2007
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Human Rights Committee
10 July 2007
The Human Rights Committee has considered the third report of Zambia on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.
Gertude Imbwae, the Permanent Secretary and Minister of Justice of Zambia, introducing the report, said that a number of developments had taken place in Zambia regarding the enhancement of human rights through a thorough review of its Constitution. Similarly, there had been significant progress made in the area of human rights education among individuals in Zambia.
Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, laws regarding same-sex activities and discrimination against homosexuals; the practice of customary law; overpopulation in the prisons; the status of the death penalty since the presidential moratorium; what articles of the Covenant had been incorporated in the Constitution; if prisoners wishing to make a complaint could be confident that they would not suffer from retaliation; what kind of training was given to police personnel, especially in the use of force and the use of firearms; and, given that there was no definition of torture in the laws of Zambia, under which laws such cases would be prosecuted. An Expert also asked for statistics on cases of gender-based violence perpetrated by law enforcement officials.
Other questions were asked on the conditions of detention in prisons; whether or not Zambia was looking to alternatives to imprisonment to help lower overcrowding; and why was it that the age of criminal responsibility could not be raised to 12 years without the need of consultations inside the Government. An Expert also asked for details about the case of a journalist who had been questioned by police and arrested for defaming the President, as well as investigations of other journalists in similar cases.
In preliminary concluding remarks, Rafael Rivas Posada, Committee Chairperson, underscored concerns raised by Experts that it was important that customary laws in Zambia took into account the imperatives enshrined in the Covenant. It was also necessary that Zambia continued to make efforts to raise the awareness of the spirit and the letter of the Covenant in the country.
The Committee reviewed the report of Zambia over two meetings and it will issue its formal written concluding observations and recommendations on the report towards the end of the session, which will conclude on 27 July 2007.
Zambia is among the 160 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is one of the 109 States parties to the Optional Protocol to the Covenant, which provides for the confidential consideration of communications from individuals who claim to be victims of a violation of any rights proclaimed in the Covenant.
The Zambian delegation, which presented the report, also included several members of the Zambian Ministry of Justice, the Ministry of Education, the Ministry of Sport, Youth and Child Development, the Ministry of Community Development and Social Services, the Ministry of Information and Broadcasting Services, and the Ministry of Health, as well as representatives of Zambian prison and police services and the Permanent Mission of Zambia in Geneva.
When the Committee next reconvenes in public, at 3 p.m. on Wednesday, 11 July, it is scheduled to begin its consideration of the third periodic report of Sudan (CCPR/C/SDN/3).
Report of Zambia
The third report of Zambia (CCPR/C/ZMB/3) notes that all men and women are guaranteed equal human rights in Zambia. However gender inequalities still exist in its territory, notwithstanding the appropriate legislative, judicial and administrative measures that have been put in place to counter it. A National Gender Policy adopted in 2000 by the Zambian Government aims to achieve full participation of men and women in the decision-making process of the country at all levels, as well as to ensure equal opportunities in the social, economic and political spheres between females and males in order to ensure equality and equity. In addition, a Strategic Plan of Action (2004) for the National Gender Policy has been developed in order to ensure the systematic implementation of gender and development programmes in the country.
With regard to torture, Article 15 of the Zambian Constitution prohibits torture by providing that “A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.” Other than this constitutional prohibition, Zambia has not yet incorporated the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment into domestic legislation. Therefore, torture is not defined or criminalized, nor are there penalties to avoid acts of torture. However, the process of incorporating that Convention into Zambian legislation began in September 2004 with the preparation of a Cabinet Memorandum.
Presentation of Report
GERTRUDE IMBWAE, Permanent Secretary of the Ministry of Justice of Zambia, introducing the report, said that, during the intervening period, a number of developments had taken place in Zambia regarding the enhancement of human rights through a thorough review of its Constitution. Similarly, there had been significant progress made in the area of human rights education among individuals in Zambia.
Ms. Imbwae was also pleased to note that Zambia had now developed good local capacity to generate its own country reports for all the United Nations human rights treaty bodies. Zambia would endeavour to prepare subsequent reports and implement the recommendations of treaty bodies in a timely fashion.
Constitutional and Legal Framework for Implementation of the Covenant
Responding to the written list of issues to be taken up in consideration of the third report of Zambia (CCPR/C/ZMB/Q/3), the delegation of Zambia underscored that the Covenant did not take precedence over domestic law. However, certain civil and political rights had been incorporated into the domestic legal system.
Regarding the steps taken by Zambia to harmonize its Constitution with the Covenant, and whether it had developed institutions for its better implementation, the delegation said that the Government had appointed a Constitutional Review Commission in August 2003, which had worked on those topics. That process had culminated in a report and a draft bill, which would be further debated in Zambia.
Equality between the Sexes; Non-Discrimination
With regard to measures undertaken to prevent and combat discrimination against women, and what steps had been undertaken to make customary law compatible with the Covenant in that regard, the delegation said that it recognized the need to remove those aspects of customary law that conflicted with the Covenant. In that regard, a Law Development Commission had been instructed in 2003 to undertake a study on the restatement of customary law. Its outcomes had been used to make a start to harmonizing customary laws and to identify which customs should be abolished.
Regarding measures to address violence against woman, the delegation noted that that violence against women continued to be a challenge. The Zambian Government had introduced stiffer penalties for sexual offences, and it was also in the process of developing a Gender-Based Violence Bill to ensure the systematic treatment of such cases.
With regard to concrete examples of results achieved in ensuring gender equality, the delegation answered that a number of measures had been undertaken such as the adoption of the National Gender Policy, which had provided an enabling environment for women's participation in socio-economic development, including in decision-making.
In terms of measures to address the high maternal mortality rate resulting from abortion, the delegation stated that the Government had embarked on extensive family planning education services for youth, including on the use of condoms. Education on adolescent sexuality had also been provided to health workers.
Right to Life and Prohibition of Torture
As to measures to put an end to torture and ill-treatment of persons deprived of their liberty, the delegation said that the Zambian Prisons Act made it an offence for any member of the Prison Service to commit any act of violence. The Penal Code also criminalized any form of cruel and inhuman treatment. Further, the delegation noted that all police and prison officers were periodically given training in human rights.
Regarding the abolition of the death penalty, and plans to ratify the Second Optional Protocol to the Covenant banning that practice, the delegation noted that no person had been executed in Zambia since 1997, following a presidential moratorium. Zambian citizens were generally in favour of retaining the death penalty, however, as had been evidenced by a number of referendums.
On the question of whether Zambia had abolished corporal punishment in accordance with the Covenant, the delegation said that corporal punishment had been abolished by amendments to various codes and acts.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics, including what recourse individuals had in cases involving violations of their rights under the Covenant, but which were not protected under the Zambian Constitution; which articles of the Covenant had been incorporated in the Constitution; and if it was true that granting compensation to victims of abuses by police officers had been compromised because of a lack of financial resources.
Concerning the Zambian Prison’s Act, an Expert asked if a prisoner wishing to make a complaint could be confident that he would not suffer from retaliation. Also, what kind of training was given to police personnel, especially in the use of force an the use of firearms. Noting that there was no definition of torture in the laws of Zambia, an Expert asked under which laws such cases would be prosecuted. On the issue of death penalty, while the Committee welcomed that nobody had been sentenced to that punishment since the 1997 moratorium had been established, an Expert wondered how many prisoners were presently still on death-row.
On the issue of sexual violence, an Expert asked about statistics of complaints of sexual violence by the police; how many Victims Support Stations were attached to police stations, how many existed in total, and if it was true that they were underfunded, as some media reports had alleged. Another Expert asked if trainings for police were being carried out on the topic of gender violence, and whether that training was also delivered to local court judges. The delegation was also asked to provide an update of the status of the gender violence bill and, if it had been adopted, for a timeline for its implementation.
An Expert had a number of concerns about the incorporation of the Covenant in domestic law, and also noted that some practices in customary law seemed to be problematic in relation to the Covenant. Before signing international treaties, did Zambia first consider their compatibility with the Constitution, or was it a practice that the Constitution was adapted following ratification of new treaties?
Further questions were asked including whether domestic law took precedence over the Covenant in the event of a conflict; what the procedure in Zambia was in terms of implementing the concluding observations of the Committee; if there was a human rights Ombudsman in Zambia; who appointed the members of the National Human Rights Commission, how many of its recommendation had been rejected, and if reasons for any such rejections had been stated publicly or not.
Response by Delegation to Oral Questions
The delegation, in response to the questions raised, noted that two weeks ago Zambian political leaders had agreed that they should have a constitutional conference to debate many of the issues just raised, and that they should come out with a new constitution. According to the Zambian Constitution any amendment to the bill of rights had to go through a referendum.
On the issue of customary law, it should be noted that Zambia was composed of 73 different ethnic groups, each having their own customary laws and habits. But no customary law was above human rights, the delegation underscored.
On the role of the judges in implementing the dualistic nature of the Zambian law system, and the question of what would happen in the case of a complaint by an individual that his rights under the Covenant had been violated, the delegation replied that in Zambia the Covenant did not take over the Constitution, but if such as case as the one mentioned occurred, the victim could bring that matter before a court. In addition, judges were encouraged to use the provisions of the Covenant as a guide, even though it was not above the constitutional law.
As to protection of prisoners against retaliation if they made complaints, visiting judges were left alone with the complainants and they dealt with those cases in strict confidence. It was their role to bring the case before court. The delegation noted that there had never been a conflict concerning or bad treatment of prisoners that had made complaints.
Regarding training on gender-based violence, the delegation noted that those cases fell to the criminal courts, and that therefore local court judges did not get such training in their workshops, only criminal court judges did.
On the issues concerning the police force, the delegation said that most police officers received investigative training but only a few of them could get specialized training. Investigative tools that were lacking included forensic and crime-scene equipment, but there efforts were currently being undertaken to acquire those materials. On the use of unethical means by the police, that practice was more and more discouraged as all such cases were brought to the Police Complaint Authority. Also all police officers were trained according to the United Nations standards on the use of force and firearms, the use of firearms was restricted to those that were adequately trained, and punitive measures were meted out by an independent body for those that had used excessive force.
On the issue of executions, the delegation informed the Committee that there were currently 297 inmates on death row, but no studies had been done on lowering that number since the entry into force of the presidential moratorium.
As to the rights of refugee women, they enjoyed the same status as any other woman in Zambia.
Regarding corporal punishment, the delegation said that there were education campaigns on that issue taking place in childcare institutions and in schools, and general awareness campaigns had been launched on radio and TV.
On the question of how international treaties were incorporated into Zambian law, the delegation explained that after being duly signed, a consultation process between ministries and stakeholders took place before the treaty was ratified. Policies to implement the treaty were developed following its transformation into legislation.
Further Oral Questions Posed by Experts
Committee Experts then asked further questions, including what role women played in the process of legislative reform and codification; if police officers received training on gender issues; how a person lodge an appeal in a case tried in a customary court, as there were no records kept in such courts; and why was it that the custom of bride prices was only practiced in patriarchal groups and not in matriarchal ones.
An Expert asked for information on a case that had been reported by non-governmental organizations of suspected bandits that had been shot by law enforcement authorities. It had been reported that the doctors called in in that case had been so disgusted by the state of the bodies that they had protested and that subsequently the police had taken the doctors away because of their protests.
Response by Delegation
On the question about appeals in customary courts, the delegation said that a customary court was not a court of record; decisions were taken on the day they were considered. If parties were not satisfied with the results they could make an appeal and then the process would be begun anew in higher courts, with the help of a lawyer.
On the concerns expressed by Experts on the issue of bride prices, the delegation stated that it was a cultural habit and that when a man paid for a woman it was seen as a guarantee that the woman would be well treated. One of the delegation's members had been married in that way, and she said she did not feel like she had been bought, or that her children or domestic services had been paid for, or that her freedom of movement was restricted. The delegation also stressed the need to consider the uniqueness of cultural varieties and underscored that any changes that were imposed forcibly would only go wrong.
On the question about the measures being taken to counter corporal punishment, the delegation answered that important measures were taken to abolish those practices. Parent and student associations frequently met on those issues and the education of children on matters concerning their rights was also promoted.
Regarding training on gender issues for police officers, the delegation said that all new police officers had this now as part of their basic training. Various topics, including gender issues, were also taken into account in refresher courses.
On the case of the arrested doctors, the delegation stated that the killing of the criminals was true but that the doctors had not been arrested, but had been taken to the police station to discuss the problem in private and that it had been a very fruitful exchange.
Further Responses by the Delegation to Written Questions Submitted in Advance
Security of the Person and the Right not to be subjected to arbitrary Detention
Concerning what had been done by the National Committee on Penal Reform to improve conditions in places of detention in Zambia, the delegation acknowledged the need to improve the poor conditions in places of detention by, among other things, reducing overcrowding, improving sanitation and access to clean water, food, clothing and medical care.
Prohibition of Imprisonment for Failure to Discharge Contractual Obligations
As to measures taken to eliminate arbitrary arrests of persons who failed to fulfil contractual obligations, the delegation answered that all supervisors in police stations had been mandated to take immediate disciplinary action in the case of police officers that arrested persons for civil matters.
Freedom of Thought and Expression
Regarding opposition parties that had reportedly been denied permits to hold rallies and allegations that opposition officials had also been unable to gain the same level of access to the State-controlled media as the ruling party, the delegation noted that all political parties had had access to community radio stations providing information about their candidates and party manifestos.
Right to Public Affairs without Discrimination
On the report that a petition to the Supreme Court challenging the results of the 2001 presidential elections had still not been heard to date by the Court, the delegation said that the Supreme Court had delivered a judgment on that matter in 2005, holding that the current President had been validly elected.
Protection of Children
On the compatibility of the Covenant with the Zambian penal code that states that an eight-year-old child is criminally responsible for his actions, the current Juveniles Act contained sufficient provisions to safeguard the integrity and the development of children aged between 8 to 12. The delegation also noted that a lot of reforms were being undertaken to the juvenile justice system.
Further Oral Questions Posed by Experts
Experts then asked other questions, including on the conditions of detention in prisons; whether or not Zambia was looking to alternatives to imprisonment to help lower overcrowding; and why was it that the age of criminal responsibility could not be raised to 12 years without the need of consultations inside the Government.
An Expert asked for details about the case of a journalist who had been questioned by police and arrested for defaming the President, as well as investigations of other journalists in similar cases.
One expert asked questions about same-sex sexual activities. As same-sex relations were prohibited by Zambian law, would those laws prevail over the Covenant in such matters? Also, what was the Government doing to fight discrimination against and abuse of homosexuals and what it was doing to protect those persons? Given the overpopulation in the prisons in Zambia, why was it that there were no bail options for cases like car robbing? Also, how was gender-based violence in prison being addressed and how were cases of pregnancy dealt with in prison?
Response by Delegation
On the question of overpopulation in prisons, the delegation said that there were no plans to build new prisons, even if prison population had grown fivefold, but Zambia was currently in the process of rehabilitation and normalization of the capacity of old prisons. On the alternatives to imprisonment, a number of laws had now been reformed to allow such alternatives and community service sentencing would be tested by the end of the year. On gender-based violence in prison, that did not exist in Zambian prisons, as women prisoners were not exposed to male officers. As to children born in prison, Zambian law allowed a child to remain in prison with its mother until the age of four.
On the issue of freedom of expression, the delegation emphasized that the defamation of the President was a criminal offence but that, overall, Zambian journalists were enjoying freedom of expression.
On discrimination against same-sex activities, the delegation answered that various ethnic groups did not tolerate issues of homosexuality and considered that as being strange. It would take long time for homosexuality to be accepted by Zambian society. However, there was no discrimination of same-sex oriented people on the part of the Government.
Preliminary Concluding Observations
RAFAEL RIVAS POSADA, the Chairperson of the Committee, thanked the delegation for its presence and the frankness with which it answered the raised questions. There were still many issues to be addressed, and it was to be hoped that in the coming years Zambia could present its report on time, or else it would complicate the collaboration between treaty bodies and the State party.
Regarding the concerns expressed by Experts related to customary laws and the observance of international commitments, while the Committee did not want to weaken that tradition, the Chairperson underscored that the Committee had the mandate to ensure that the Covenant was fulfilled and that was why it had insisted that the customary laws should take into account the imperatives enshrined in the Covenant. On the role of the Covenant in domestic legislation, it was necessary that Zambia continued to make efforts in order to raise the awareness of the spirit and the letter of the Covenant.
Regarding the fact that the Zambian Constitution did not specify that the rights of the Covenant could not be suspended in the case of a state of emergency declaration, the Chairperson said that that was a heavy and direct violation of the Covenant, and should be addressed by the State party.
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For use of the information media; not an official record
10 July 2007
The Human Rights Committee has considered the third report of Zambia on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.
Gertude Imbwae, the Permanent Secretary and Minister of Justice of Zambia, introducing the report, said that a number of developments had taken place in Zambia regarding the enhancement of human rights through a thorough review of its Constitution. Similarly, there had been significant progress made in the area of human rights education among individuals in Zambia.
Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, laws regarding same-sex activities and discrimination against homosexuals; the practice of customary law; overpopulation in the prisons; the status of the death penalty since the presidential moratorium; what articles of the Covenant had been incorporated in the Constitution; if prisoners wishing to make a complaint could be confident that they would not suffer from retaliation; what kind of training was given to police personnel, especially in the use of force and the use of firearms; and, given that there was no definition of torture in the laws of Zambia, under which laws such cases would be prosecuted. An Expert also asked for statistics on cases of gender-based violence perpetrated by law enforcement officials.
Other questions were asked on the conditions of detention in prisons; whether or not Zambia was looking to alternatives to imprisonment to help lower overcrowding; and why was it that the age of criminal responsibility could not be raised to 12 years without the need of consultations inside the Government. An Expert also asked for details about the case of a journalist who had been questioned by police and arrested for defaming the President, as well as investigations of other journalists in similar cases.
In preliminary concluding remarks, Rafael Rivas Posada, Committee Chairperson, underscored concerns raised by Experts that it was important that customary laws in Zambia took into account the imperatives enshrined in the Covenant. It was also necessary that Zambia continued to make efforts to raise the awareness of the spirit and the letter of the Covenant in the country.
The Committee reviewed the report of Zambia over two meetings and it will issue its formal written concluding observations and recommendations on the report towards the end of the session, which will conclude on 27 July 2007.
Zambia is among the 160 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is one of the 109 States parties to the Optional Protocol to the Covenant, which provides for the confidential consideration of communications from individuals who claim to be victims of a violation of any rights proclaimed in the Covenant.
The Zambian delegation, which presented the report, also included several members of the Zambian Ministry of Justice, the Ministry of Education, the Ministry of Sport, Youth and Child Development, the Ministry of Community Development and Social Services, the Ministry of Information and Broadcasting Services, and the Ministry of Health, as well as representatives of Zambian prison and police services and the Permanent Mission of Zambia in Geneva.
When the Committee next reconvenes in public, at 3 p.m. on Wednesday, 11 July, it is scheduled to begin its consideration of the third periodic report of Sudan (CCPR/C/SDN/3).
Report of Zambia
The third report of Zambia (CCPR/C/ZMB/3) notes that all men and women are guaranteed equal human rights in Zambia. However gender inequalities still exist in its territory, notwithstanding the appropriate legislative, judicial and administrative measures that have been put in place to counter it. A National Gender Policy adopted in 2000 by the Zambian Government aims to achieve full participation of men and women in the decision-making process of the country at all levels, as well as to ensure equal opportunities in the social, economic and political spheres between females and males in order to ensure equality and equity. In addition, a Strategic Plan of Action (2004) for the National Gender Policy has been developed in order to ensure the systematic implementation of gender and development programmes in the country.
With regard to torture, Article 15 of the Zambian Constitution prohibits torture by providing that “A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.” Other than this constitutional prohibition, Zambia has not yet incorporated the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment into domestic legislation. Therefore, torture is not defined or criminalized, nor are there penalties to avoid acts of torture. However, the process of incorporating that Convention into Zambian legislation began in September 2004 with the preparation of a Cabinet Memorandum.
Presentation of Report
GERTRUDE IMBWAE, Permanent Secretary of the Ministry of Justice of Zambia, introducing the report, said that, during the intervening period, a number of developments had taken place in Zambia regarding the enhancement of human rights through a thorough review of its Constitution. Similarly, there had been significant progress made in the area of human rights education among individuals in Zambia.
Ms. Imbwae was also pleased to note that Zambia had now developed good local capacity to generate its own country reports for all the United Nations human rights treaty bodies. Zambia would endeavour to prepare subsequent reports and implement the recommendations of treaty bodies in a timely fashion.
Constitutional and Legal Framework for Implementation of the Covenant
Responding to the written list of issues to be taken up in consideration of the third report of Zambia (CCPR/C/ZMB/Q/3), the delegation of Zambia underscored that the Covenant did not take precedence over domestic law. However, certain civil and political rights had been incorporated into the domestic legal system.
Regarding the steps taken by Zambia to harmonize its Constitution with the Covenant, and whether it had developed institutions for its better implementation, the delegation said that the Government had appointed a Constitutional Review Commission in August 2003, which had worked on those topics. That process had culminated in a report and a draft bill, which would be further debated in Zambia.
Equality between the Sexes; Non-Discrimination
With regard to measures undertaken to prevent and combat discrimination against women, and what steps had been undertaken to make customary law compatible with the Covenant in that regard, the delegation said that it recognized the need to remove those aspects of customary law that conflicted with the Covenant. In that regard, a Law Development Commission had been instructed in 2003 to undertake a study on the restatement of customary law. Its outcomes had been used to make a start to harmonizing customary laws and to identify which customs should be abolished.
Regarding measures to address violence against woman, the delegation noted that that violence against women continued to be a challenge. The Zambian Government had introduced stiffer penalties for sexual offences, and it was also in the process of developing a Gender-Based Violence Bill to ensure the systematic treatment of such cases.
With regard to concrete examples of results achieved in ensuring gender equality, the delegation answered that a number of measures had been undertaken such as the adoption of the National Gender Policy, which had provided an enabling environment for women's participation in socio-economic development, including in decision-making.
In terms of measures to address the high maternal mortality rate resulting from abortion, the delegation stated that the Government had embarked on extensive family planning education services for youth, including on the use of condoms. Education on adolescent sexuality had also been provided to health workers.
Right to Life and Prohibition of Torture
As to measures to put an end to torture and ill-treatment of persons deprived of their liberty, the delegation said that the Zambian Prisons Act made it an offence for any member of the Prison Service to commit any act of violence. The Penal Code also criminalized any form of cruel and inhuman treatment. Further, the delegation noted that all police and prison officers were periodically given training in human rights.
Regarding the abolition of the death penalty, and plans to ratify the Second Optional Protocol to the Covenant banning that practice, the delegation noted that no person had been executed in Zambia since 1997, following a presidential moratorium. Zambian citizens were generally in favour of retaining the death penalty, however, as had been evidenced by a number of referendums.
On the question of whether Zambia had abolished corporal punishment in accordance with the Covenant, the delegation said that corporal punishment had been abolished by amendments to various codes and acts.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics, including what recourse individuals had in cases involving violations of their rights under the Covenant, but which were not protected under the Zambian Constitution; which articles of the Covenant had been incorporated in the Constitution; and if it was true that granting compensation to victims of abuses by police officers had been compromised because of a lack of financial resources.
Concerning the Zambian Prison’s Act, an Expert asked if a prisoner wishing to make a complaint could be confident that he would not suffer from retaliation. Also, what kind of training was given to police personnel, especially in the use of force an the use of firearms. Noting that there was no definition of torture in the laws of Zambia, an Expert asked under which laws such cases would be prosecuted. On the issue of death penalty, while the Committee welcomed that nobody had been sentenced to that punishment since the 1997 moratorium had been established, an Expert wondered how many prisoners were presently still on death-row.
On the issue of sexual violence, an Expert asked about statistics of complaints of sexual violence by the police; how many Victims Support Stations were attached to police stations, how many existed in total, and if it was true that they were underfunded, as some media reports had alleged. Another Expert asked if trainings for police were being carried out on the topic of gender violence, and whether that training was also delivered to local court judges. The delegation was also asked to provide an update of the status of the gender violence bill and, if it had been adopted, for a timeline for its implementation.
An Expert had a number of concerns about the incorporation of the Covenant in domestic law, and also noted that some practices in customary law seemed to be problematic in relation to the Covenant. Before signing international treaties, did Zambia first consider their compatibility with the Constitution, or was it a practice that the Constitution was adapted following ratification of new treaties?
Further questions were asked including whether domestic law took precedence over the Covenant in the event of a conflict; what the procedure in Zambia was in terms of implementing the concluding observations of the Committee; if there was a human rights Ombudsman in Zambia; who appointed the members of the National Human Rights Commission, how many of its recommendation had been rejected, and if reasons for any such rejections had been stated publicly or not.
Response by Delegation to Oral Questions
The delegation, in response to the questions raised, noted that two weeks ago Zambian political leaders had agreed that they should have a constitutional conference to debate many of the issues just raised, and that they should come out with a new constitution. According to the Zambian Constitution any amendment to the bill of rights had to go through a referendum.
On the issue of customary law, it should be noted that Zambia was composed of 73 different ethnic groups, each having their own customary laws and habits. But no customary law was above human rights, the delegation underscored.
On the role of the judges in implementing the dualistic nature of the Zambian law system, and the question of what would happen in the case of a complaint by an individual that his rights under the Covenant had been violated, the delegation replied that in Zambia the Covenant did not take over the Constitution, but if such as case as the one mentioned occurred, the victim could bring that matter before a court. In addition, judges were encouraged to use the provisions of the Covenant as a guide, even though it was not above the constitutional law.
As to protection of prisoners against retaliation if they made complaints, visiting judges were left alone with the complainants and they dealt with those cases in strict confidence. It was their role to bring the case before court. The delegation noted that there had never been a conflict concerning or bad treatment of prisoners that had made complaints.
Regarding training on gender-based violence, the delegation noted that those cases fell to the criminal courts, and that therefore local court judges did not get such training in their workshops, only criminal court judges did.
On the issues concerning the police force, the delegation said that most police officers received investigative training but only a few of them could get specialized training. Investigative tools that were lacking included forensic and crime-scene equipment, but there efforts were currently being undertaken to acquire those materials. On the use of unethical means by the police, that practice was more and more discouraged as all such cases were brought to the Police Complaint Authority. Also all police officers were trained according to the United Nations standards on the use of force and firearms, the use of firearms was restricted to those that were adequately trained, and punitive measures were meted out by an independent body for those that had used excessive force.
On the issue of executions, the delegation informed the Committee that there were currently 297 inmates on death row, but no studies had been done on lowering that number since the entry into force of the presidential moratorium.
As to the rights of refugee women, they enjoyed the same status as any other woman in Zambia.
Regarding corporal punishment, the delegation said that there were education campaigns on that issue taking place in childcare institutions and in schools, and general awareness campaigns had been launched on radio and TV.
On the question of how international treaties were incorporated into Zambian law, the delegation explained that after being duly signed, a consultation process between ministries and stakeholders took place before the treaty was ratified. Policies to implement the treaty were developed following its transformation into legislation.
Further Oral Questions Posed by Experts
Committee Experts then asked further questions, including what role women played in the process of legislative reform and codification; if police officers received training on gender issues; how a person lodge an appeal in a case tried in a customary court, as there were no records kept in such courts; and why was it that the custom of bride prices was only practiced in patriarchal groups and not in matriarchal ones.
An Expert asked for information on a case that had been reported by non-governmental organizations of suspected bandits that had been shot by law enforcement authorities. It had been reported that the doctors called in in that case had been so disgusted by the state of the bodies that they had protested and that subsequently the police had taken the doctors away because of their protests.
Response by Delegation
On the question about appeals in customary courts, the delegation said that a customary court was not a court of record; decisions were taken on the day they were considered. If parties were not satisfied with the results they could make an appeal and then the process would be begun anew in higher courts, with the help of a lawyer.
On the concerns expressed by Experts on the issue of bride prices, the delegation stated that it was a cultural habit and that when a man paid for a woman it was seen as a guarantee that the woman would be well treated. One of the delegation's members had been married in that way, and she said she did not feel like she had been bought, or that her children or domestic services had been paid for, or that her freedom of movement was restricted. The delegation also stressed the need to consider the uniqueness of cultural varieties and underscored that any changes that were imposed forcibly would only go wrong.
On the question about the measures being taken to counter corporal punishment, the delegation answered that important measures were taken to abolish those practices. Parent and student associations frequently met on those issues and the education of children on matters concerning their rights was also promoted.
Regarding training on gender issues for police officers, the delegation said that all new police officers had this now as part of their basic training. Various topics, including gender issues, were also taken into account in refresher courses.
On the case of the arrested doctors, the delegation stated that the killing of the criminals was true but that the doctors had not been arrested, but had been taken to the police station to discuss the problem in private and that it had been a very fruitful exchange.
Further Responses by the Delegation to Written Questions Submitted in Advance
Security of the Person and the Right not to be subjected to arbitrary Detention
Concerning what had been done by the National Committee on Penal Reform to improve conditions in places of detention in Zambia, the delegation acknowledged the need to improve the poor conditions in places of detention by, among other things, reducing overcrowding, improving sanitation and access to clean water, food, clothing and medical care.
Prohibition of Imprisonment for Failure to Discharge Contractual Obligations
As to measures taken to eliminate arbitrary arrests of persons who failed to fulfil contractual obligations, the delegation answered that all supervisors in police stations had been mandated to take immediate disciplinary action in the case of police officers that arrested persons for civil matters.
Freedom of Thought and Expression
Regarding opposition parties that had reportedly been denied permits to hold rallies and allegations that opposition officials had also been unable to gain the same level of access to the State-controlled media as the ruling party, the delegation noted that all political parties had had access to community radio stations providing information about their candidates and party manifestos.
Right to Public Affairs without Discrimination
On the report that a petition to the Supreme Court challenging the results of the 2001 presidential elections had still not been heard to date by the Court, the delegation said that the Supreme Court had delivered a judgment on that matter in 2005, holding that the current President had been validly elected.
Protection of Children
On the compatibility of the Covenant with the Zambian penal code that states that an eight-year-old child is criminally responsible for his actions, the current Juveniles Act contained sufficient provisions to safeguard the integrity and the development of children aged between 8 to 12. The delegation also noted that a lot of reforms were being undertaken to the juvenile justice system.
Further Oral Questions Posed by Experts
Experts then asked other questions, including on the conditions of detention in prisons; whether or not Zambia was looking to alternatives to imprisonment to help lower overcrowding; and why was it that the age of criminal responsibility could not be raised to 12 years without the need of consultations inside the Government.
An Expert asked for details about the case of a journalist who had been questioned by police and arrested for defaming the President, as well as investigations of other journalists in similar cases.
One expert asked questions about same-sex sexual activities. As same-sex relations were prohibited by Zambian law, would those laws prevail over the Covenant in such matters? Also, what was the Government doing to fight discrimination against and abuse of homosexuals and what it was doing to protect those persons? Given the overpopulation in the prisons in Zambia, why was it that there were no bail options for cases like car robbing? Also, how was gender-based violence in prison being addressed and how were cases of pregnancy dealt with in prison?
Response by Delegation
On the question of overpopulation in prisons, the delegation said that there were no plans to build new prisons, even if prison population had grown fivefold, but Zambia was currently in the process of rehabilitation and normalization of the capacity of old prisons. On the alternatives to imprisonment, a number of laws had now been reformed to allow such alternatives and community service sentencing would be tested by the end of the year. On gender-based violence in prison, that did not exist in Zambian prisons, as women prisoners were not exposed to male officers. As to children born in prison, Zambian law allowed a child to remain in prison with its mother until the age of four.
On the issue of freedom of expression, the delegation emphasized that the defamation of the President was a criminal offence but that, overall, Zambian journalists were enjoying freedom of expression.
On discrimination against same-sex activities, the delegation answered that various ethnic groups did not tolerate issues of homosexuality and considered that as being strange. It would take long time for homosexuality to be accepted by Zambian society. However, there was no discrimination of same-sex oriented people on the part of the Government.
Preliminary Concluding Observations
RAFAEL RIVAS POSADA, the Chairperson of the Committee, thanked the delegation for its presence and the frankness with which it answered the raised questions. There were still many issues to be addressed, and it was to be hoped that in the coming years Zambia could present its report on time, or else it would complicate the collaboration between treaty bodies and the State party.
Regarding the concerns expressed by Experts related to customary laws and the observance of international commitments, while the Committee did not want to weaken that tradition, the Chairperson underscored that the Committee had the mandate to ensure that the Covenant was fulfilled and that was why it had insisted that the customary laws should take into account the imperatives enshrined in the Covenant. On the role of the Covenant in domestic legislation, it was necessary that Zambia continued to make efforts in order to raise the awareness of the spirit and the letter of the Covenant.
Regarding the fact that the Zambian Constitution did not specify that the rights of the Covenant could not be suspended in the case of a state of emergency declaration, the Chairperson said that that was a heavy and direct violation of the Covenant, and should be addressed by the State party.
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