Zambia must immediately halt downward spiral of infringements on fundamental freedoms: UN experts

Independent experts* today expressed concern about multiple allegations of arbitrary arrests and detentions on charges of, inter alia, unlawful assembly, espionage, hate speech and seditious practices against opposition political party leaders and members, parliamentarians, human rights defenders and activists, as well as restrictions on gatherings, meetings, peaceful protests and rallies in Zambia.

Since January 2022, at least 26 such cases have been brought to the attention of the experts. Information received indicates that in some cases, arrests, intimidation and harassment stem merely from expressing diverging, and critical views whilst in others, they are intended to curtail participation in political and public life.

“These practices have resulted in increasing political polarisation and self-censorship,” the experts said. “The arrests and restrictions have had a chilling effect on freedom of opinion, expression, association and assembly, which are core components of a robust functioning democracy and risk exacerbating deepening divisions, including along ethnic and regional lines, and further shrinking civic space in the country.”

The experts noted that, since December 2021, they had also received information about 16 incidents against journalists or media outlets, as well as 11 clashes, attacks, and cases of intimidation and assault, mostly perpetrated by ruling party members against members and supporters of opposition parties. According to information received, the church has not been spared, with reported arrests of clergy and disruption of meetings by law enforcement.

“To deescalate tensions, the Government must uphold constitutionally guaranteed rights; create a safe and enabling environment for civic space; expedite legislative reforms, including the Public Order Act, the Penal Code and the State Security Act; ensure the functioning of the National Mechanism for Implementation and Follow-up; and institute measures to ensure that State actors and institutions, including the Zambia Police Service, protect human dignity and rights.”

“We are deeply troubled by allegations that State actors have instrumentalised arcane provisions in the law, including “seditious intention”, to suppress the legitimate exercise of freedom of expression which is also enshrined in international treaties that Zambia has ratified. This is compounded by shortcomings in the administration of justice, such as arrests prior to the conduct of thorough and impartial investigations and undue delays in bringing accused persons before the courts.

“While the Government’s actions to counter hate speech, maintain peace and stability, and promote national unity are welcomed, these must be based on national laws that conform to international human rights law and standards,” the experts said.

“The Government has a responsibility to disrupt destructive patterns of attack and retribution between ruling and opposition parties, which have characterised politics over the last three decades, including by inviting dialogue with the opposition,” they said.

The experts are in contact with the Government of Zambia on these issues.

Distributed by APO Group on behalf of Office of the UN High Commissioner for Human Rights (OHCHR).