NUMBER 28                                     JUNE, 2001

By Mukalya Mwangala

The Zambian government has been asked to take the necessary steps to bring its laws and constitution in line with the Organisation of African Unity’s African Charter For Human and People’s Rights.

This advice was given by the African Commission on Human and People’s Rights at its 29th Ordinary Session held in Tripoli, Libya on April 23, 2001.

The panel found Zambia guilty of enacting into law, through the Constitution Amendment Act of 1996, provisions that inhibit citizens from freely participating in the government of their country directly or through freely chosen representatives.

"(The Commissions strongly urges the government of the Republic of Zambia) to report back to it when it submits its next country report in terms of Article 62 on measures taken to comply with the above recommendation," the report states.

This finding of the Commission came after the Legal Resources Foundation (LRF) filed a complaint with it alleging that the Zambian government had enacted into law, a Constitution which was discriminatory, divisive and violated the human rights of 35 per cent of the entire population.

LRF decided to seek recourse from a higher authority after the Supreme Court of Zambia threw out a case in which Zambia Democratic Congress had sued the Attorney General over the amendments. ZDC was represented by Simeza, Sangwa and Associates.

The effect of the amendment was that former Republic president Kenneth Kaunda was barred from standing in the 1996 elections.

The Commission in its findings stated that it could not be denied that there were Zambian citizens born in Zambia but whose parents were not born in what has become known as the Republic of Zambia.

The Commission said the movement of people between what was known as the Central African Federation (Zambia, Malawi and Zimbabwe) was very free and by Zambia’s own admission, upon application, all such

Residents were granted citizenship at independence.

LRF Chairman Robert Simeza

"Rights which have been enjoyed for over 30 years can not easily be taken away. To suggest that an indigenous Zambian is one who was born and whose parents were born in what came (later) to be known as the sovereign territory of the State of Zambia may be arbitrary and its application of retrospectivity can not be justified according to the Charter," the report states.

Rapporteur :

23rd Session: Commissioner

Nyameko Pityana

24th Session: Commissioner Nyameko Pityana

25th Session: Commissioner Nyameko Pityana FULL

LRF Vice Chairman John Sangwa

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