Zambia

Status: public or civil society discussions

In Zambia, there is no mechanism or law in place for the protection of human rights defenders (HRDs or defenders). Although discussions amongst civil society organisations (CSOs) on a draft law for the protection of defenders are ongoing, no concrete steps have been taken by authorities to develop a policy for the protection of defenders.

Since 2019, civil society actors have been collaborating with the Zambian Law Development Commission on developing a draft law. Today, the process remains in the consultation phase, during which a variety of civil society actors and human rights defenders are asked to share their experiences in contribution to the process. According to the Zambian Law Development Commission, specific objectives of this process are (i) “reviewing domestic legislation”, (ii) “conduct stakeholder engagement processes”, (iii) “review international and regional instruments and recommend domestication” and (iv) “review relevant legislation in other jurisdictions and recommend the adoption of best practices”. No concrete results have yet been made public on this process.

Zambia is included in the mandate of the UN Special Rapporteur on Human Rights Defenders, but the current or previous rapporteurs have not yet visited the country. Zambia is mentioned in annual thematic reports published by the bureau, such as this 2009 report on the “Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms”. Zambia also falls under the mandate of the Special Rapporteur on Human Rights Defenders in Africa. To date, however, the bureau has not published any reports or press releases on the situation of human rights defenders in Zambia.

Zambia is also monitored by the Universal Periodic Review (UPR). During the last UPR session in 2017, Zambia received and supported a recommendation from the Netherlands to “comply with its obligation under international law to guarantee that human rights defenders, journalists and activists can carry out their work independently and free from attacks, harassment or intimidation”. In the 2017 UPR report, no mention was made of human rights defenders or any actions from the Zambian government to ensure their safety, nor was this mentioned in the follow up report drafted by the UN. A new UPR session will take place in January-February 2023. Several civil society actors have already contributed to this report on the subject of defenders.

The CIVICUS monitor 2022 classifies Zambia as “obstructed”, which means that “civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights”. The Freedom House Democracy Index 2022 rates Zambia as “partly free”. Worries namely concern the “continued use of excessive force by security forces in response to protests”, as well as a “restrictive legal framework” (CIVICUS, 2022).

Updated on 29/08/2022