Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/zambia.txt

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TITLE:  ZAMBIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             ZAMBIA


Zambia is a republic governed by a president, a unicameral
national assembly, and a constitutionally independent
judiciary.  After two decades of one-party rule, free and fair
multiparty elections in October 1991 resulted in the victory of
the Movement for Multiparty Democracy (MMD) and the election of
President Frederick J.T. Chiluba, a former trade unionist.  In
addition to the former ruling party, the United National
Independence Party (UNIP), some 30 opposition parties were
active to varying degrees.

The Zambia police, divided into regular and paramilitary units,
and operating under the Ministry of Home Affairs, have primary
responsibility for maintaining law and order.  In January
President Chiluba appointed a new inspector general of police
with a mandate to eliminate human rights abuses and
corruption.  Despite reform efforts begun in 1994, including
human rights training and punishment of some offenders, the
police continued to commit abuses, including beating and
extrajudicial killing of criminal suspects and detainees.  The
Zambia Intelligence Security Service, under the Office of the
President, is responsible for intelligence and internal
security.

During 1994 the Chiluba Government continued its free market
economic reform program.  Tight monetary and fiscal policies
kept inflation low as the Zambian currency stabilized and real
interest rates fell dramatically.  There was considerable
public criticism of the reform program, exacerbated by
allegations of high-level corruption in the Government.  Poor
rains at the end of the 1993-94 growing season resulted in a
reduced harvest of maize, the staple food.  The Government
relied on imports to make up the shortfall.  The key copper
industry benefited from increased world prices during much of
the year, but production fell from 1993 levels.

The Government began to take steps to address one of its most
serious human rights problems, police brutality.  Throughout
the year the government-appointed Human Rights Commission
aggressively pursued allegations of past and present human
rights abuses and kept public attention focused on incidents of
police wrongdoing.  Nevertheless, by year's end much remained
to be done to restore professionalism and discipline to the
police force.

The Government generally respected Zambians' civil liberties
but persisted in attempts to limit freedom of the press.  The
Constitutional Review Commission took public testimony during
most of the year but had not yet drafted a new constitution to
replace the 1991 Constitution.  The Government's commitment to
legal reform with respect to the press remained unfulfilled.
In December the National Assembly passed a bill strengthening
judicial autonomy.  Prison conditions deteriorated further,
posing an increased threat to the health and lives of inmates,
and women continued to experience discrimination in both law
and fact.  Wife beating and rape remained widespread.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killings during the year,
but police continued to use excessive force that often resulted
in extrajudicial killings.  In one well-publicized case in
January, police claimed to have killed three armed criminal
suspects attempting to flee the scene of a burglary.  However,
after witnesses testified they had seen police take two of the
three men into custody, the police revised their accounting of
the incident, claiming instead that the two suspects had died
of wounds suffered during a subsequent escape attempt.
Credible reports indicated that the police had interrogated the
two suspects and had killed one of them with a single shot in
one eye.

According to reliable press reports, almost all based on
statements by police spokesmen, police killed at least 30
criminal suspects between January 1 and November 15.  Most of
these killings allegedly occurred when police attempted to
apprehend suspects during the commission of crimes.

At least 10 criminal suspects died in police custody, mostly as
a result of beatings inflicted by police officers.  For
example, the Human Rights Commission heard testimony from a
Lusaka family that a relative died on May 19 after police broke
his neck with an iron bar.  On June 10, a robbery suspect
severely beaten by police died at Matero police station in
Lusaka.  In another incident, never fully explained, a robbery
suspect allegedly committed suicide by hanging himself in a
jail cell in Chililabombwe.

Throughout the year, government officials, nongovernmental
organizations, and the press closely scrutinized police
involvement in human rights abuses, criminal activity, and
corruption.  In January President Chiluba appointed Francis
Ndhlovu as the new Inspector General of Police and gave him a
mandate to reform the force.  Ndhlovu instituted a variety of
measures designed to restore discipline, professionalism, and
respect for human rights.  These included involuntarily
retiring several senior officers; reopening the police training
academy, which had been closed for 7 years, with a new
curriculum that includes a human rights segment; cooperating
with the Human Rights Commission in making police officers
available to testify; arranging with the nongovernmental Zambia
Civic Education Association (ZCEA) to provide human rights
training to officers in selected police stations; undertaking
investigations of instances of police use of excessive force;
and beginning to discipline and prosecute officers who
committed human rights abuses.  By August 1, some 230
middle-ranking and senior police officers were enrolled in
training courses at the police academy.

According to statistics made available by Inspector General
Ndhlovu, at least 33 police officers were the subjects of
internal investigations or prosecutions between January and
September.  At year's end, most of these cases, which involved
murder, attempted murder, and deaths in police cells, remained
before the courts.  However, in 1994 the courts sentenced at
least three officers to prison terms.  Further, according to
reports in the Zambian press, the authorities arrested at least
16 police officers between January 1 and September 15 on such
criminal charges as robbery and possession of illegal narcotics.

In addition, the Human Rights Commission, chaired by prominent
attorney Bruce Munyama, aggressively examined police human
rights abuses in public hearings held throughout the year.
These hearings not only brought to light numerous abuses, but
they also forced police officers to account for their behavior
in sworn testimony.  By year's end, the Commission had not yet
submitted to the President its final report, which will include
recommendations to improve the human rights performance of the
police.

     b.  Disappearance

There were no known instances of disappearance.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although the 1991 Constitution prohibits torture, police
regularly used excessive force when apprehending,
interrogating, and detaining criminal suspects or illegal
aliens.  In most such instances, detaining officers beat
suspects.  During the year, the Human Rights Commission heard
testimony from numerous credible witnesses who said police had
assaulted and beaten them.  In one case, a middle-ranking
police officer admitted that a senior officer had instructed
her to deny medical attention to a suspect whom other officers
had beaten.  In another incident, the authorities dismissed
from the force and arrested four officers involved in abusing a
young woman at Woodlands police station in Lusaka.

By year's end, the Government had not disciplined or prosecuted
any of the individuals allegedly involved in the torture of
persons detained in connection with the 1993 state of
emergency.  According to the Law Association of Zambia,
officers who in 1993 beat a youth suspected of theft are still
employed.

Deteriorating prison conditions posed an increased threat to
prisoners' lives.  According to official statistics, prisons
designed to hold 6,500 prisoners held over 12,000.  This severe
overcrowding, combined with poor sanitation, inadequate medical
facilities, meager food supplies, and lack of potable water
resulted in serious outbreaks of dysentery and other diseases
at various prisons throughout the year.  In July a prisoner in
Mongu died from meningitis and in August a prisoner in Kitwe
died from dysentery, according to reports in the Zambian
press.  Also in August, dysentery struck some 44 inmates at
Kamfinsa prison in Kitwe.

During August an official told Home Affairs Minister Chitalu
Sampa that Kamfinsa, Kansenshi, and Ndola remand prisons had
run out of food and were feeding prisoners only coarse hominy
and salt.  The Human Rights Commission visited Kamfinsa prison
in early 1994 and was reportedly appalled by the deplorable
living conditions of prisoners.

     d.  Arbitrary Arrest, Detention, or Exile

Criminal suspects are often arrested on the basis of flimsy
evidence or an uncorroborated accusation.  In these and other
criminal cases, the law requires that a detainee be charged and
brought before a magistrate within 24 hours.  Pretrial
detainees are allowed access by attorneys and family members.
However, in practice, the authorities hold most detainees for
more than 1 month from commission of an offense to first
appearance before a magistrate.  In many cases, an additional
period of 6 months elapses before the magistrate commits the
defendant to the High Court for trial.  Following committal,
preparation of the magistrate court record for transmittal to
the High Court takes months--in some cases as long as a year.
Once a case reaches the High Court for trial, court proceedings
last an average of 6 months.

Approximately 3,000 of the 12,000 prisoners are awaiting trial
on criminal charges.  In early 1994, in an effort to
demonstrate that the courts as well as prosecutors were
responsible for long delays in the judicial process, the
Director of Public Prosecutions compiled a list of
approximately 150 prisoners who had been awaiting trial since
1988.  In some cases, defendants have been awaiting trial for
10 years.  In August a judge discharged a defendant who had
been in custody since 1986.  These long delays are the result
of inadequate resources, inefficiency, lack of trained
personnel, and broad rules of procedure that give wide latitude
for prosecutors and defense attorneys to request adjournments.

Although there is a functioning bail system, overcrowded
prisons reflect the large number of detainees who have
committed serious but common offenses for which bail is not
granted.  These include murder, aggravated robbery, and since
1993, violations of the narcotics laws.  Also, poor or indigent
detainees rarely have the financial means to post bail.

The government legal aid office is responsible for providing
legal representation to poor or indigent detainees and
defendants in both criminal and civil cases.  In practice, few
receive assistance.  In 1994 the office had 15 attorneys to
cover the entire country and a budget of $110,000.

According to well-informed sources, police stations frequently
become "debt collection centers,"  where police officers,
acting upon an unofficial complaint, will detain a debtor
without charge indefinitely until he or she pays the
complainant.  In return, the police receive a percentage of the
payment.  This situation is commonplace among police stations
in Copperbelt province.

The authorities held approximately 550 foreigners, principally
from neighboring countries, as illegal aliens until they could
deport them.  At times, these detentions last months or years.

In the past the Government has not used exile for political
purposes.  However, on September 1, the Government deported
John Chinula, a member of the Central Committee of UNIP, the
former ruling party.  Minister of Home Affairs Chitalu Sampa
said that Chinula had been determined by the Government to have
been a "prohibited immigrant" who entered Zambia illegally from
Malawi, where the Government alleged he was born.  Legal and
human rights groups protested the deportation, asserting--along
with Chinula--that Chinula had been born in Zambia and that the
deportation was a denial of due process.  Zambian law provides
that a prohibited immigrant is liable to deportation once a
valid deportation order is signed.  Chinula's longstanding ties
to Zambia and his prominence as a politician raised questions
about the Government's motives in deporting him.

     e.  Denial of Fair Public Trial

The Government respects the independence of the judiciary.  On
December 2, the National Assembly passed a judicial autonomy
bill that will enhance the independence of the courts by
separating their administration from the Ministry of Legal
Affairs.

The President nominates and the National Assembly confirms the
Chief Justice and the other eight members of the Supreme
Court.  The Court has appellate jurisdiction for all legal and
constitutional disputes.  Several high courts have authority to
hear criminal and civil cases and appeals from lower courts.
Magistrate courts have original jurisdiction in some criminal
and civil cases, while local, or customary, courts handle most
civil cases at the local level.

These local courts employ the principles of customary law,
which vary widely throughout the country.  Lawyers are barred
from participating, and there are few formal rules of
procedure.  Presiding judges, who are usually prominent local
citizens, have great power to invoke customary law in rendering
judgments regarding weddings, divorces, inheritances, other
civil proceedings, and minor criminal matters.  Judgments are
often not in accordance with the Penal Code; for example, they
tend to discriminate against women in matters of inheritance
(see Section 5).

Trials in magistrate courts are public, and defendants have the
opportunity to confront accusers and present witnesses.  Many
defendants, however, are too poor to retain a lawyer and the
poor state of the Government's legal aid department means that
many Zambians entitled to legal aid find that it is unavailable.

There are no political prisoners in Zambia.  The trials of a
number of UNIP members detained in connection with the 1993
state of emergency continued in the courts during 1994.  All
defendants remained free on bail while their trials proceeded.
One person convicted in 1993 remained free pending
consideration of his appeal.  In March a Lusaka magistrate
acquitted one of the defendants.  In September another
magistrate found Member of Parliament Wezi Kaunda, son of the
former president, guilty of possession of a seditious document--
the so-called zero option plan.  Kaunda was exonerated,
however, of the more serious charge of treason and remained
free as he appealed the conviction to the High Court.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides for respect for privacy and the
inviolability of the home, and the authorities generally
respected these rights in practice.  Except during a state of
emergency, the law requires a warrant before police may enter a
home.  Roundups of suspected illegal aliens in the home or
workplace continued.  According to the government Commissioner
for Refugees, immigration officials are empowered under the law
to conduct these roundups without a warrant.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

While the Constitution provides for freedom of expression and
of the press, the Penal Code lists various prohibited
activities that may be broadly interpreted and in effect
restrict freedom of expression and press.  By year's end, no
action had been taken on media reform proposals to revise many
of these archaic Penal Code provisions.  The Government
generally respected freedom of expression, but invoked these
restrictive laws--for example, prohibiting defamation of the
President--in selected cases.

The Government or its appointed officials filed over two dozen
libel and defamation suits against the independent weekly
newspaper, The Post, in response to a series of headlines and
stories focusing mainly on issues of corruption and
controversial government policies.  The Government harassed
Post personnel by detaining them for short periods for
questioning in connection with these reports.  In another
instance, the Government charged a Member of Parliament and
former minister with making accusatory statements in the course
of his reaction to having been fired from his ministerial
position.  At year's end, these libel and defamation suits were
still awaiting decisions by the judiciary.

In August Parliament passed an ethics bill, one section of
which extended the authority of investigative tribunals to call
as witnesses journalists and media managers who print
allegations of parliamentary misconduct.  Failure to cooperate
with the tribunal may result in charges of contempt punishable
by up to 6 months in jail.  Although the Government denied it,
this was seen by the media as a clear infringement on press
freedom and a means for parliamentarians to bypass the clogged
court system in dealing with libel suits against the media.
The Press Association of Zambia announced its own media ethics
code and voluntary industry ethics board within days after the
bill was passed, denouncing the amendment in the process.

The Government owns the two most widely circulated newspapers,
as well as most radio and television broadcasting stations.
There are a number of independent newspapers, three of which
are active in questioning government actions and policies and
which enjoy considerable circulation.  At midyear, the
Government approved and issued eight licenses to independent
radio and television broadcasters to begin construction of
facilities.  The first of these went on the air in December.
The Government exercises considerable influence over the
government-owned media, which to varying degrees have followed
the government line on important issues.

The Government took no action to restrain academic freedom
during the year.  In October, however, the Government sternly
warned University of Zambia students not to participate
actively in politics.  Education Minister Alfeyo Hambayi,
recalling student unrest that has led to frequent university
closings, said students wishing to participate in politics
should leave school.  Authorities threatened that students who
violated the ban would lose their scholarships.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of peaceful assembly and
association.  In practice, the Government respected these
provisions.  Under the Public Order Act of 1955, persons or
organizations wishing to hold an assembly, public meeting, or
procession must first apply for a permit.  The Government
routinely granted these permits to political parties and
nonpolitical organizations, including to former President
Kenneth Kaunda, who beginning in July held a series of
political meetings and rallies.

All organizations must apply formally for registration to the
Registrar of Societies.  In most cases the authorities
routinely approved these applications.  However, an Islamic
party, which the Government refused to register in 1993, had
not been registered at year's end.  During the year, there were
over 30 political parties in operation.

     c.  Freedom of Religion

Freedom of religion is provided for in the Constitution, and
all faiths worship freely.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Constitution provides citizens the right to move freely
throughout Zambia, to reside in any part of the country, and to
depart and return to the country without restriction.  The
authorities generally respected these rights during 1994, but
police roadblocks to control criminal activity continued, and
police sometimes extorted money and goods from motorists.

The United Nations High Commissioner for Refugees (UNHCR)
estimated that there were approximately 141,000 refugees,
mainly Angolans, in Zambia in 1994, down slightly from 1993.
The Government cooperated with the UNHCR in processing
applications for refugee status.

A steady trickle of Zairians continued to cross into Zambia
during the year.  In response to alleged criminal activities of
many Zairians in the border region, the Government rounded up,
arrested, and deported many Zairians and other illegal aliens
throughout the year.  The deportation of illegal aliens is
lawful, but Zairians and others who had been accorded refugee
status by the UNHCR were sometimes picked up and held for
varying lengths of time before being released.  In several
cases, the Government deported refugees who were registered
with the UNHCR.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Zambian citizens exercised the right to change their government
in free and fair multiparty elections in 1991, following years
of one-party rule by UNIP.  Nationwide local government
elections are scheduled for 1995; elections for President and
the National Assembly are scheduled for 1996.  The ruling MMD
controls the executive branch and the National Assembly.

Under the 1991 Constitution the President wields broad
authority.  Although the National Assembly ratifies major
appointments and has other powers, in practice it continued
during 1994 to provide only a limited check on executive
authority.  The state of emergency that President Chiluba
declared in March 1993 lapsed 3 months later, and he did not
use this constitutionally authorized power during 1994.  The
pace of constitutional reform increased during the year as the
24-member Constitutional Review Commission conducted hearings
throughout the nation.

The MMD continued to be the dominant political force in the
country.  UNIP was further weakened by internal divisions,
exacerbated during the last 6 months of the year by former
president Kaunda's return to active politics.  The National
Party, formed in 1993, foundered due to indecisive leadership,
internal divisions, and a lack of clear direction.  These and
other political parties generally operated without government
interference, although individual UNIP members were sometimes
subjected to harassment.  Several political parties contested
National Assembly by-elections, all but one of which were won
by the MMD.  These elections featured a low turnout of
registered voters, and their fairness was undermined by the
MMD's use of government resources--including the state-owned
media--during campaigns.  In some instances, MMD campaign
themes were highly intimidating, such as when high-ranking
government officials told voters that their region would not
receive development assistance if they failed to elect the MMD
candidate.

Opposition parties called on the MMD to update the voter
register in order to enfranchise thousands of citizens who
became eligible to vote since the register was last updated in
1989.  Although the Government publicly recognized the need to
revise the register, by year's end it continued to delay the
preparation of a concrete registration plan.

The number of influential women in politics and government is
increasing.  Women now serve as cabinet ministers, deputy
ministers, members of the National Assembly, ministerial
permanent secretaries, numerous elected local government
officials, and leaders of nongovernmental organizations.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

A number of human rights and civic organizations operated
without government hindrance.  These include the Law
Association of Zambia, the Foundation for Democratic Process,
and the Zambia Civic Education Association.  Other groups were
active in promoting women's civil and political rights.  The
government-appointed Human Rights Commission operated
throughout the year and, as previously noted, was a vigorous
human rights advocate.

In general, the Government continued to be receptive to
criticism from human rights and civic organizations, but on
occasion, government officials, including the Home Affairs
Minister, accused human rights monitors of abetting crime and
thwarting the work of the police through their focus on the
victims of police brutality.  Despite such charges, the police
cooperated with the ZCEA during part of the year to facilitate
human rights training to police officers, although a dispute
over course content disrupted the training in August.  In
September the ZCEA and police agreed to resume the training in
early 1995 at the police training academy.  Police officers
regularly appeared before the Human Rights Commission.

The Government was receptive to inquiries or visits by
international human rights organizations.