A/HRC/37/14
121. As expressly provided in the Constitution, Zambia was a Christian nation. The right
to life of the unborn child was protected and such life began at conception. In that regard,
safe abortions must be carried out in very specific circumstances, which were provided for
in the Termination of Pregnancy Act and the Penal Code.
122. The death penalty was provided for in the Bill of Rights in the Constitution, which
could be amended only by referendum. Strides had been made since 1997 in efforts to
abolish the death penalty, which was why there had been no executions since 1997. In
2016, a referendum that could have led to the abolition of the death penalty had been held,
but the people had rejected the motion and the Bill of Rights had remained unchanged. The
President had commuted all death sentences in 2016 and, currently, there were some 174
inmates on death row, only 13 of whom had had their appeals processed.
123. In its efforts to abolish the death penalty, the Government was currently working on
ways to amend the Penal Code so that the death penalty could be handed down at the
discretion of judges, rather than being mandatory. In addition, the Government was
carrying out awareness-raising campaigns and in due time, people would be ready to
abolish the death penalty.
124. Efforts were being made to expedite the ratification of the treaties to which Zambia
was not yet a party. Those efforts included establishing a database and enacting a law on
the ratification of international agreements.
125. Zambia had received negative publicity, particularly by the international media,
which had conveyed the perception of a deterioration in terms of enjoyment of the rights to
freedom of assembly and of expression. The delegation requested its international partners
to assist in reversing that perception.
126. The claim that the Public Order Act had been used to curtail opposition parties or
dissenting voices was far from the truth. In the run-up to the 2016 elections, the number of
ruling party meetings that had been stopped under the Public Order Act had exceeded the
total number of all opposition party meetings that had been stopped. Several meetings had
had to be put on hold by the Minister of Justice because the police did not have sufficient
capacity to ensure peaceful assembly. The Government had a responsibility to maintain
peace and order.
127. There were 123 private radio stations and 26 television broadcasting houses, which
represented a significant increase over the past few years. The Independent Broadcasting
Authority had revoked the licences of three broadcasting houses in order to investigate
allegations of hate speech. Those broadcasting houses had apologized for their use of hate
speech. Another incident had concerned The Post newspaper, which had been closed down
by a court order due to its failure to meet its debts and tax obligations.
128. Over a 12-month period, there had been several incidents of arson, which had led to
electricity disruptions and the destruction of markets. Article 31 of the Constitution of
Zambia provided for measures to curtail such incidents. The application of that provision
had resulted in a reduction in the number of such incidents.
II. Conclusions and/or recommendations
129. The following recommendations have been examined by Zambia and enjoy the
support of Zambia:
129.1
Accelerate the process of domestication of international human rights
instruments to which it is a party (Zimbabwe);
129.2
Amend its national legislation to be in conformity with the provisions
of the Convention on the Elimination of All Forms of Discrimination against
Women, including when revising the Bill of Rights and the Political Parties Bill,
in order to protect and promote women’s rights and gender equality (Finland);
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