THE ZAMBIAN BILL OF RIGHTS

The Zambian Bill of Rights

The Bill of Rights is a list of fundamental rights and freedoms contained in part 3 of the
constitution of Zambia. It is the country’s main instrument of protecting the rights and freedoms
of the individuals and is entrenched in the Zambian constitution.
This is the only part of the constitution that cannot be amended easily because it requires
referendum, in which two thirds of eligible voters must vote and at least 50% of the voters must
vote in favour of the amendment.
The Constitutional provisions in the Bill of Rights largely reflect provisions contained in the
international Bill of Rights such as the Universal Declaration of Human Rights, the International
Convention on Economic, Social and Cultural Rights (ICESCR) and the International
Convention on Civil and Political rights (ICCPR) and its two optional protocols.

Brief History of Zambia’s Bill of Rights

 The Bill of Rights was first incorporated for the first time in the Northern Rhodesia self-
government Constitution of 1963. It was re produced with minor amendments in the 1964
independence constitution.
 The 1972 Chona Commission recommended for the establishment of a one-party
participatory democracy which was effected in 1973. This amendment limited the
enjoyment of rights and freedoms of individuals contained in the Bill of Rights.
 The 1991 Mvunga Commission recommended the re-introduction of multi-party
democracy and Children’s rights were included for the first time.
 The 1995 Mwanakatwe Commission recommended for the parentage clause but the Bill
of Rights remained unchanged.
 The 2005 Mung’omba Commission included Social, Cultural and Economic rights in the
draft constitution.

ELEMENTS OF BILL OF RIGHTS IN THE ZAMBIAN CONSTITUTION

Elements of the bill of rights in the Zambian constitution:
The current Bill of Rights forms Part III of the 1996 constitution covering Articles 11 to32.
Article 11: This is the preamble which is a general declaration of the rights every person in
Zambia is entitled to regardless of race, place of origin, political opinion, colour and brief,
religion, sex or marital status.
Article 12: Protection of the Rights to Life.
This right is described as the Supreme Human Right because all rights are dependent on it. It
protects all forms of human life, including of that of an unborn child.
Article 13: Protection of the Right to Personal Liberty.
Protects the freedom of an individual except where such freedom violates the law. e.g No one
should be detained or put in prison unless one has broken the law.
Article 14: Protection from Slavery and Forced Labour.
Slavery and forced labour prevent the liberty and freedom of the individual as a person has little
say over oneself.
The State is under obligation by the (ICCPR) to prohibit by law any form of slavery and
practices such as human trafficking, serfdom, exploitation of children and servile (enslaving)
forms of marriage except:
 When hard labour is punishment for a crime committed, meted out by the courts of law
 During normal civic obligations such as compulsory military training or school
maintenance.
Article 15: Protection from Inhuman Treatment.
The use of all forms of inhuman or degrading treatment and torture such as corporal punishment
is prohibited.
Article 16: Protection from Deprivation of Property.
The article protects individuals from being deprived of their property except in cases permitted
by law such as failure to pay tax, rates or dues and many such things.
Article 17: Protection for Privacy of Home and Other Property.
The article protects the privacy of the individual’s homes and the other property. It prohibits the
search of a person, his or her property or entry of premises unless permitted by law.
Article 18: Provision to Secure Protection of Law.
Every person has the right to have access to the protection of the law including those charged
with criminal offences.
Article 19: Protection of Freedom of Conscience.
This article gives every human being the freedom of religion and thought which may also imply
freedom to change religion or belief either alone or in a group with other people.
Article 20: Protection of Freedom of Expression.
Individuals are free to hold opinions and exchange information without interference.
Article 21: Protection of Freedom of Assembly and Association.
Under this article, every citizen has a right to assemble freely and associate with others, to form
or belong to any political party, trade union or other associations for the protection of one’s
interest.
Article 22: Protection of Freedom of Movement.
Individuals are free to live, move, leave or return to Zambia unless restricted by the law; such as
under a state of emergency and when one is serving a jail sentence.
Article 23: Protection from Discrimination.
Individuals are protected from being treated unfairly on ground of sex, place of birth, marital
status, political opinion, ethnicity, or race etc.
Article 24: Protection of Young Persons from Exploitation.
It ensures protection of young persons from physical ill-treatment and from all forms of neglect,
cruelty and exploitation. It also prohibits the trafficking of young persons.
Article 25: Derogation from Fundamental Rights and Detention.
The article provides for limitation on fundamental rights in times of war or public emergencies
except Articles for 12, 14, 15 and 18 which are non-derogable.
ARTICLE 26: Provision relating to Restriction and Detention
The article deals with the provision relating to the rights of restricted and detained persons.
ARTICLE 27: Reference of certain matters to special tribunal
Under this article, members of parliament can stop a bill which infringes on the bill of rights. It
makes a provision for the appointment of a special tribunal of two judges by the Chief Justice.
The Tribunal will report on a Bill or Statutory Instrument which may not be consistent with the
constitution.
ARTICLE 28: Enforcement of protective provisions
The article makes a provision for the enforcement of the rights provided in the Bill of Rights.
Persons whose rights are violated can complain to the High Court.
ARTICLE 29-31: Special powers of the republican president
These articles deal with the special provision powers of the Republican President such as
declaration of war and of the state of emergency and pardon of prisoners etc.
LIMITATIONS OF THE BILL OF RIGHTS
 The Right to Life: it is not absolute because the death penalty still exists
 Social and Economic rights: social and Economic rights such as right to food, education,
shelter and employment are not guaranteed.
 Lack of Protection Against Torture: The Bill of Rights provides for the due process of the
law but does not protect persons against torture or inhuman treatment.
 Language: The Bill of Rights is written in a highly technical language which id difficult
for an ordinary person to understand.
 Lack of Domestication of International Instruments: despite Zambia having ratified all
major international human rights treaties, most of them have not been incorporated in the
domestic legal system. Hence, they cannot be enforced in the courts. They are not
Justiciable.

WAYS OF ENFORCING THE ZAMBIAN BILL OF RIGHTS

The Judiciary arm of government is the main mechanism for the protection and enforcement of
the rights and freedoms outlined in the Bill of Rights.
A mechanism on the enforcement of the rights and freedoms is provided for in Article 28 of the
constitution. The High Court is given the vital role to enforce the Bill of Rights.
a. The High Court
All communications involving constitutional disputes should be taken to the High court. A
person aggrieved due to the violation of his or her fundamental rights, can petition the high court
to remedy or set right (an undesirable or unfair situation). The High Court is given jurisdiction
to issue writs (written orders) on lodged claims.
If a person is not happy with the decision of the High Court, he or she may appeal to the highest
court of appeal which is the Supreme Court provided their case is not frivolous or vexatious.
b. The Judicial Review Commission
The Judicial review under Order 53 of the rules of the Supreme Court is another mechanism
used. This is applicable when the judiciary checks on whether the legislature and the executive
are exercising their powers in accordance with the constitution.
Under this mechanism, there is application for habeas corpus or Writ of certiorari.

c. The Human Rights Commission (HRC)

The Human Rights Commission acts as a watchdog in enforcing human right under the human
rights Act No.39 of 1996.
The commission has a mandate to monitor violations of human rights through investigations and
public hearings. It also recommends and facilitates mediation and conciliation in enforcing
human rights.
d. The office of the investigation General (Ombudsman)
The Investigator Generals Office enforces human rights claims as well. The Investigator General
is the chairperson of the commission for investigations. Any person is free to write to the
investigator General to complain about human rights violations.
The commission carries out investigations on people’s complaints on corruption and other cases
of abuses and human rights violations in the civil service.

e. Other means of enforcement

The media, civil society, parliament, the Law Association of Zambia (LAZ) and trade unions are
also involved in monitoring human right violations. They supplement the work of the Judiciary.

INSTITUTIONS THAT PROMOTE HUMAN RIGHTS IN ZAMBIA

i. The Permanent Human Rights Commission (HRC)
The Human Rights Commission was established by an Act of parliament No. 39 of 1996 and
come into force in May, 1997.
Some of the functions of the Human Rights Commission are as follows: -
 To investigate human rights violations
 To propose effective measures to prevent human rights abuse
 To visit correctional facilitates and other detention or related facilities and see if
conditions in such places are fit for detainee and make recommendations to solve existing
problems.
 To establish a continuous programme of research, education information and
rehabilitation of victims
 To rehabilitate victims of human rights abuse and improve the respect for and protection
of human rights as well as establishing a continuous programme of research, education
and information.

Powers of the HRC of Zambia

  Investigate human rights abuses on its initiative or based on complaints or allegations.
 Issues summons or orders requiring attendance of persons relevant to any investigation
of the Commission.
 Produce documents relevant to the Commission
 Question any person in respect of any subject matter under investigations before the
Commission
 Recommend to courts of law prosecution of any person found to perpetuate human rights
abuse

ii. The Judiciary

The courts of law which are the judiciary system in Zambia play a vital role in promoting human
rights in Zambia. The judges of the courts are independent, impartial and subject only to the
constitution and the law.

iii. The Anti-Corruption Commission (ACC)

It is an independent government body which helps strengthen Human Rights through its fight
against corruption. The Anti-Corruption Commission Investigates any reported corruption cases
which may be centred on human rights violation.
If evidence is established the findings are taken to Director of Public Prosecutions (DPP) who
may decide to take the matter to court.

iv. Zambia Police Service (ZP)

The major function of the Zambia Police Service is to maintain law and order. It makes sure that
peoples fundamental rights are protected and promoted as it carries out its duties.
It closely works with the courts in administering social order and justice Through its victims
support unit, the Police provide services to the community by promoting and protecting rights of
the victims of abuse or torture.
It apprehends, arrests and prosecutes law breakers in accordance with the law.

v. Caritas Zambia
A faith based organization which is inspired by gospel values and social teaching of the Catholic
Church. It promotes integral human development, economic justice, human dignity and
empowerment of the less privileged in society.
This is done through conscientization, advocacy, research, training and capacity building.
 vi. Amnesty International
It is a worldwide self-governing movement of people whose aim is to campaign for
internationally recognised human rights. It does not seek or accept any funds from governments
to carry out its mandate
The vision is to ensure that every person enjoys all the human rights enshrined in UDHR and
other international human rights instruments
It conducts research and action focused on preventing physical and mental abuses of human
rights
It endeavors to promote integrity, freedom of conscience and expression and freedom from
discrimination

vii. Law Association of Zambia

It promotes human rights by developing law as an instrument of social justice. LAZ also
advocates for law reforms as regards human rights.

viii. Legal Resources Foundation (LRF)

Helps promote human rights by providing legal advice and litigation to the vulnerable groups
in society.

ix. Young Women’s Christian Association (YWCA)

x. Zambia Civic Education Association (ZCEA)
xi. Justice for Widows and Orphans project (JWOP)
xii. Society for Women Against AIDS in Zambia (SWAAZ)