9. The recommendations are further divided according to their respective thematic areas.
A. Full implementation of recommendations
1. Theme A28: Cooperation with other international mechanisms and institutions
Cooperation with the mechanisms of the United Nations
10. There is robust cooperation between the UN Systems and key stakeholders in the UPR process. The UNDP has supported awareness creation on UPR in all provinces. Whilst UNFPA has facilitated capacity building on sexual reproductive health and rights; and the UPR process.
Engagement with the United Nations Human Rights Office
11. Zambia’s main engagements with the United Nations Human Rights Office have been through local interactions with UN agencies. In June 2015, a multi-stakeholder working group was created to advance public dialogue on the implications of the implementation of the Guiding Principles on Business and Human Rights and the roles that each private business organisation had to play in the process.
12. Other key engagements with the UN Human Rights Office relate to the visits by Special Rapporteurs. For instance, in April 2016, Zambia hosted the Special Rapporteur on the rights of persons with disabilities.
2. Theme A2A: Voluntary human rights goals and other commitments
Steps to honour its commitments under the Abuja Declaration with a view to provide adequate resources for the health sector
13. Zambia did not reach the threshold of 15% of budget allocation set to honour the Abuja Declaration for the health sector as shown in Figure 3.1. The highest percentage reached was 11.3 percent in 2013 while the lowest was 8.3 percent in 2016. The average of the trend for the period of analysis was 10.5 percent.
Source: National Budget (Zambia)
3. Theme A41: Constitutional and legislative framework
Reviewing of national laws to bring them in line with international human rights obligations
14. Zambia has reviewed and formulated legislation in its efforts to align its domestic laws with international human rights obligations. During the period under review, the following national laws have been enacted:
(a) Persons with Disabilities Act No. 6 of 2012;
(b) Higher Education Act, 2013;
(c) Gender Equity and Equality Act No. 22 of 2015;
(d) Public Protector Act No. 15 of 2016;
(e) Passports Act No. 28 of 2016; and
(f) Refugees Law under Refugees Act No. 1 of 2017.
15. Zambia also enacted the Ratification of International Agreements Act No. 34 of 2016, which provides for the procedure for ratification and domestication of international agreements.
4. Theme A44: Structure of the national human rights machinery
Efforts to strengthen the national mechanism for the advancement of women
16. In fulfilling its obligation to promote and enhance the rights of women, Zambia has put in place legal, administrative and policy measures. Among these measures is the
Figure 3.1: Honouring of the Abuja Declaration for the Health Sector: 2012-2017
Gender Equity and Equality Commission; enactment of enabling legislation (Gender Equity and Equality Act) which domesticates appropriate clauses of CEDAW; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; and SADC Protocol on Gender and Development.
17. Zambia has also established the coordinating Ministry (Ministry of Gender) and the formulation of the National Gender Policy; and introduced Focal Point Persons in all Ministries, Provinces and other Spending Agencies meant to strengthen the national mechanism for the advancement of women.
5. Theme A47: Good governance
Continue working on its capacity-building programme for good governance
18. Zambia has in place coordinated bodies which undertake capacity-building programs for good governance for legal enforcement agencies. Notable among such bodies are the following:
(a) Program for Legal Empowerment and Enhanced Justice Delivery (PLEED);
(b) Human Rights Organisations; and (c) Civil Society Organisations.
19. In addition, the Government, in collaboration with the Human Rights Commission and CSOs conducts capacity building workshops in Human Rights, Gender and Development, and Psycho-Social Counselling.
Lobby for and implement access to information legislation to encourage greater transparency and government ability
20. During the period under review, Zambia reports that it has formulated the Freedom of Information Bill which now awaits to be enacted.
Establish or strengthen independent public accountability mechanisms which contribute to the fight against corruption
21. The following public accountability mechanisms exist in Zambia:
(a) Anti-Corruption Commission (ACC);
(b) Office of the Public Protector;
(c) Office of the Auditor General;
(d) National Assembly of Zambia; and (e) Civil Society Organisations.
22. Since the previous review, the following measures have been put in place to strengthen these institutions:
• Re-instatement of the offence of Abuse of Office;
• Establishment of Integrity Committees in public institutions;
• Decentralisation of the Office of the Public Protector to the provinces and progressively to districts; and
• Strengthening of the Public Accounts Committee of the National Assembly.
23. Additionally, Zambia established the National Prosecution Authority (NPA) and decentralised the NPA to all provinces resulting in improved efficiency and effectiveness in the prosecution of crimes.
6. Theme A5: Human rights education, trainings and awareness raising
Continue efforts to ensure that human rights education is effectively included into the primary and secondary education curriculum
24. Human rights has been included in the school curriculum from primary to secondary levels of education. Further, Zambia has created an enabling environment for other stakeholders such as CSOs to undertake human rights education and awareness activities countrywide. The Government has continued to improve human rights education efforts by including human rights topics in the curriculum of the Defence and Security divisions of Government.
7. Theme A51: Human rights education – General
Human rights education and awareness – raising in the Government’s plans, strategies and programmes
25. Zambia notes this recommendation and during the period under review, the Government continued to prioritise human rights education and awareness by formulating, revising and updating Government plans, strategies and programmes.
8. Theme B31: Equality and non-discrimination
Impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity
26. There are no restrictions under Zambian law towards the investigation and prosecution of crimes committed against a person. All allegations of attacks and threats against individuals, irrespective of the offence are required by law to be effected without discrimination of any kind.
9. Theme B71: Human rights and the environment
Strengthen the governance of natural resources to ensure, amongst others, their sustainable utilization
27. Zambia operationalised the Environmental Management Act No. 12 of 2011 which resulted into the formation of the Zambia Environmental Management Agency (ZEMA).
28. The Environmental Management Act provides a comprehensive legal framework for effective and sustainable environmental management. The Act mandates ZEMA, among other things, to provide advice on policy formulation and to make recommendations for the sustainable management of the environment. Under the 7NDP, Zambia has also prioritised governance of natural resources to ensure their sustainable utilisation.
29. Further, Article 253 (1)(d) and 255 of the Constitution of Zambia outlines principles for sustainable use of land; and management and development of Zambia’s environment and natural resources, respectively.
10. Theme D23: Death penalty
Review legislation and establish a de jure moratorium with a view to abolishing the death penalty
30. Zambia subjected this recommendation to abolish the death penalty to the will of the people of Zambia through the 2011–2016 Constitutional Review Process. The death penalty was retained in the Constitution because the majority of the people resolved to retain the death penalty. Only nine (9) out of 72 districts voted for the abolition. Further, only one out of the 10 provinces voted to abolish the death penalty. Both the Sector and National Conventions in the Constitution Review Process voted to retain the death penalty.
31. In this regard, by virtue of the Zambian Constitution, any court of competent jurisdiction may impose the death penalty. Article 12(1) of the Constitution provides that “a person shall not be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the law in force in Zambia of which he has been convicted.” There are three offences which carry the death penalty, namely, Murder (Section 200 of the Penal Code), Aggravated Robbery (Section 294(2) of the Penal Code), and Treason (Section 43 of the Penal Code).
32. Despite having retained the death penalty in its laws, Zambia is a ‘de facto abolitionist State.’ The last executions in Zambia were carried out in 1997, during the presidency of the late Dr. Frederick Titus Jacob Chiluba. Since then, successive Presidents have been reluctant to authorise any executions, as shown in Table 3.1.
Table 3.1: Status on Pardoning and Commutation of Prisoners to Life Imprisonment
President Date Pardoned (Freed) Commuted to life imprison
Dr. Levy P. Mwanawasa October, 2002 24 – prisoners to life imprisonment. Official records indicate that this number represented all death-row prisoners in Zambia at the time.
34. As at 31st August, 2017, there are 174 inmates on death row. However, only 13 out of 174 had completed internal appeal procedures and were eligible for commutation to life imprisonment.
35. In light of the foregoing, Zambia has had an official moratorium on the use of the death penalty for close to 20 years now.
36. Progressively, in October 2016, the Zambian Cabinet passed a resolution to support the United Nations Resolution to establish a Global Moratorium on the issue of the Death Penalty.
11. Theme D25: Prohibition of torture and cruel, inhuman or degrading treatment
Measure to ensure the effective implementation of CAT
37. The Constitution of Zambia under Article 15 prohibits torture. Currently, there is no law that defines torture. However, during the period under review, Zambia prepared the Anti-Torture Draft Bill and the Zambia Correctional Services Bill. The Anti-Torture Bill defines and criminalises torture while the Zambia Correctional Services Bill incorporates regional and international standards, specifically addressing issues of torture in correctional facilities.
12. Theme D26: Conditions of detention
Improve conditions in prisons and detention centres vis-à-vis their overcrowding, including inmates’ access to food and hygiene
38. In its efforts to improve prison conditions and detention centres, Zambia has constructed new Correctional Centres throughout the country. During the period under review, between 2013 and 2016, a total of four (4) correctional facilities were constructed catering for over 1,050 inmates.
39. Furthermore, two (2) correctional facilities with holding capacities of 2000 each, are currently under construction.
40. Considering that most of the prisons were built in the colonial era, most lack acceptable health and sanitation standards such as proper ventilation. However, the Correctional Facilities are currently being renovated to provide proper water reticulation and sewer systems.
41. The Ministry of Health carries out regular health inspections to ensure that correctional facilities adhere to approved international standards. In addition, the Zambia Correctional Services has its own specialised staff in Environmental Health and Nutrition.
Technologists advise the Correctional Services on matters related to general environment in which inmates live and recommends the closure of facilities that fall short of the set standards or contravenes the provisions of the Public Health Act.
Rehabilitation of prisoners
42. A Constitutional change from the previous Zambia Prisons Service (ZPS) to the Zambia Correctional Service (ZCS) has transformed the penal system from punitive to correctional.
43. In addition, the following activities have been introduced to promote rehabilitation of prisoners:
(a) Certifiable educational programmes to increase access to education by inmates;
(b) Skills training;
(c) Open air farming correctional facilities;
(d) Faith based activities; and
(e) NGO and Faith Based Organisation engagements.
13. Theme D27: Prohibition of slavery, trafficking
Cooperation with development partners in order to improve its financial and technical capacity to implement the anti-trafficking law
44. Zambia has engaged the International Organisation for Migration (IOM), the International Labour Organisation (ILO) and the United Nations Children’s Fund (UNICEF) in the implementation of the following activities:
• Supporting activities that seek to change public attitudes to exploitative child work;
• Supporting improved data collection and reporting on trafficking and other offences against victims;
• Support to the implementation of the Government’s Communication Strategy aimed at raising public awareness of the nature and dangers of human trafficking;
• Supporting training and capacity building of trade union officials, employers’
representatives and labour inspectors;
• Support to the 990 toll-free Counter Trafficking Talkline, covering Zambia’s 10 provinces, and operating 24 hours a day;
• Reinforcement of capacities for provision of appropriate services to meet the needs of victims of trafficking through a referral network of safe-houses, one-stop centres, and women’s and children’s shelters;
• Reinforcement of capacities of Law Enforcement Agencies and Civil Society Organisations to operationalise the Anti-Trafficking legislation; and
• Direct assistance to victims of trafficking, including the provision of safe and secure shelter, medical and psycho-social care, and repatriation and reintegration assistance.
Step up its efforts towards the full implementation of the Anti-Human Trafficking Act of 2008
45. The Anti-Human Trafficking Act is being implemented through the following:
(a) Development of a National Policy to Combat Human Trafficking;
(b) Inter-Ministerial National Steering Committee which works with non-state actors to achieve improved public awareness, and the provision of appropriate and accessible services to victims of trafficking;
(c) Anti-human trafficking Secretariat which coordinates activities of the National Steering Committee; and
(d) Monitoring trends of the Human Trafficking in Zambia.
46. The data from Monitoring activity is indicated in Table 3.2.
Table 3.2: Trends of Human Trafficking for the period 2012-2016
Year Reported Taken to Court Convicted
2012 24 17 1
2013 164 52 32
2014 166 165 26
2015 13 12 6
Source: Zambia Police Victim Support Unit, 2017
14. Theme D6: Rights related to name, identity, nationality
Access to free birth registration
47. In Zambia, birth registration is compulsory and is a legal requirement. However, the rate of birth registration in Zambia is low with a national prevalence of 23 percent. The proportion of children who do not have birth certificates is much higher in rural areas at 86.7 percent than in urban areas at 59.6 percent.
48. Several factors account for Zambia’s low birth registration rates. Among them is a highly centralised registration system, inadequate awareness of the legal provisions, low demand as a certificate is not always required for children to access basic services, fear of disclosure of personal information, and lack of penalties for non-registration of children.
49. The birth registration procedures in Zambia are free. However, Zambia still experiences low coverage of birth registration which presents critical vulnerability for children. In this regard, the following measures have been put in place:
(a) Boosting birth registration by decentralising the services to health facilities in line with Births and Deaths Registration, putting in place Statutory Instrument No. 44 of 2016, which provides for the certification of births at district level. To this effect, birth registration desks have been established in 222 health facilities in six (6) provinces. In these communities, parents access birth registration services for their children as part of a “health package” at birth or during their visits to a health facility for services such as immunisation.
The goal is to reach at least 50 percent of the 2000 health care facilities by year 2020;
(b) Nation-wide awareness campaigns among the citizens on the importance of birth registration;
(c) Creation of sectoral platforms for stakeholders involved in national registration such as the involvement of traditional leaders and midwives in birth registration of children;
(d) Capacity development of the Department of National Registration, Passport and Citizenship through training and provision of computers and transport;
(e) Establishment of a National Strategy Action Plan (5-year plan) in collaboration with Cooperating Partners;
(f) The late registration fee was scraped under this Act; and
(g) Integrated National Registration System under the support of the Electoral Cycle in Zambia.
15. Theme E1: Economic, social and cultural rights – General measures of implementation
Provide adapted solutions to the problems identified in the rural areas
50. Zambia rolled out massive infrastructure development countrywide. These include roads and bridges, hospitals, schools, water reticulation systems and other support infrastructure thereby creating an enabling environment for socio-economic development.
51. During the period under review, the Government completed 490 health posts out of the 650; and a total of 158 secondary schools. With regard to roads, Zambia initiated a programme for improvement of a total of 13,422.9 km of primary feeder roads by 2024. By the end of 2016, a total of 3,358.90 km had been improved.
16. Theme E32: Right to just and favourable conditions of work
Continue to create just and favourable conditions of work
52. Zambia has continued to create just and favourable conditions of work by reviewing and formulating policies such as the National Employment and Labour Market Policy (NELMP) as well as the Zambia Decent Work Country Program (2013–2016). These are aimed at enhancing the functioning of labour markets to facilitate employment creation through approaches that combine promotion of employment and upholding of workers’
rights. Emphasis is placed on working towards elimination of gross human rights violations, such as worst forms of child labour. Zambia is also currently conducting labour law reforms to introduce principles of equity, equality and confidentiality and personal privacy in employment and provide for the welfare of employees.
53. Zambia’s amendment of the Employment Act Chapter 268 of the Laws of Zambia in 2015 and the Minimum Wages and Conditions of Employment Act, Chapter 276 in 2011 and 2012, respectively strengthened the legislative framework on the protection of employers and workers’ rights. For instance, among others, the amendment to the Employment Act bans casualization whilst the amendments to the Minimum Wages and Conditions of Employment Act provides a framework for the working conditions for disadvantaged workers including domestic workers who were not initially covered by the said legislation.
17. Theme E41: Right to health – General
Efforts to combat HIV/AIDS
54. Zambia has in place a Revised National HIV and AIDS Strategic Framework (R-NASF) 2014–2016 which guides efforts to combat HIV. Recently, Zambia launched a campaign for routine HIV testing, counselling and treatment in all public health institutions in response to the Government's agenda of ending HIV by 2030.
55. The Ministry of Health developed a National Health Strategic Plan (2011–2015) which includes efforts to combat various ailments including HIV/AIDS. The Government has also continued to support the operations of the National HIV/AIDS/STI/TB Council.
56. Zambia also carries out HIV awareness and education, particularly among young people. The awareness raising is aimed at encouraging people to have voluntary testing on their HIV status and receive appropriate counselling.
Remedy the lack of human resources in the area of health
57. In a continued effort to address staff shortages, in 2015, Zambia recruited health workers comprising nurses (203), doctors (144) and administrative officers (82). In 2016, a total of 1,422 health workers were recruited. Of this figure, the highest was Nurses (670) followed by Environmental Health Officers (250) and Midwives (196).
58. According to the World Health Organisation, the normal doctor-patient ratio is 1 doctor per 5,000 patients but in Zambia, the doctor-patient ratio now stands at 1 doctor per 12,000 patients.
59. The internationally set Nurse – Patient ratio is 2.5 per 1,000 population. Zambia’s current Nurse – Patient stands at 0.8 Nurse to a 1,000 population.
60. The remedy to address the human resources crisis that Zambia has relied on is training of more staff in health sector. In this regard, the newly established Copperbelt
the newly recruited medical staff in various health facilities in Zambia. These efforts will help increase the number of medical personnel in Zambia, in addition to the number the University of Zambia, School of Medicine, is producing.
18. Theme E51: Right to education – General
Improve school infrastructure in rural areas
61. Zambia sets aside funds on the national budget to rehabilitate and construct more schools so that educational standards are taken to higher levels both in rural and urban areas. According to the Education Statistical Bulletin (2016), in 2015, a total of 9,115 classroom spaces were created. This increased to 10,113 in 2016. This resulted in an aggregate increase in enrolment by 7,316, thus 4,018,064 in 2015 to 4,025,380 in 2016.
Strengthen efforts to broaden access to education
62. In order to broaden access to education, Zambia revised the Education for All
62. In order to broaden access to education, Zambia revised the Education for All