A/HRC/8/43
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its socio-economic development. It noted that the issue of the death penalty has been referred to the
NCC for deliberation and requires a referendum in any case. The question of the state of emergency
is also a constitutional issue, which means that possible amendments to the law depend on the
outcome of the NCC and can therefore not be identified at this point. On the issue of access to
justice, the delegation stated that the programme in place focuses on criminal justice, but that the
Government intends to extend it in the future to other areas, such as civil and administrative justice.
The decentralization of the legal aid board is one of the initiatives already taken; lawyers have been
recruited and are being posted in the nine provinces. So-called justice houses, where the legal aid
board and the DPP will be present, will be constructed in five provinces. The delegation also
referred to the training of local court justices, in particular relating to human rights of women.
Through these trainings, Zambia hopes that local justices will be educated to deal adequately with
laws relating to justice for women and children. In addition, local courts and some of the
Magistrates Courts are being rehabilitated to ensure easy access to justice. The delegation also
mentioned a programme to deal with the rehabilitation of prisons; a number of prisons have been
identified, as already stated, and several donors are willing to support the programme. The
delegation indicated that some prisons have already been rehabilitated. Offices of the victims’
support unit, one of the departments benefiting from the Access to Justice Programme and dealing
mainly with gender based violence cases, have also been rehabilitated so that officers can have a
conducive working environment.
37.
On the PPCA and concerns voiced by Denmark, the delegation explained that the PPCA
does not prosecute but makes recommendations to the police itself as well as to prison and police
authorities, which take the matter before the courts of law in case of a criminal nature. As
previously mentioned, at least 14 police officers have already been dismissed. On the question as to
whether they are discriminating, the delegation stated that the customary laws are currently uncodified and administered by local courts in civil matters, with the possibility of appeal to the
Magistrates Courts, the High Court and the Supreme Court. The 72 tribes in Zambia have their own
customary laws, some of which are similar, but most of them are different. A study has been
undertaken to identify similar customary laws for the purpose of codification in order to have, at
least, written guidelines to which the local court justices can refer. The delegation also noted that
harmful customary laws have been identified and outlawed through amendments to the Criminal
Code, and that those violating these laws are being prosecuted. The delegation mentioned that
polygamy is allowed under customary laws, that according to a survey some people were against it
and others in favour, and that not all tribes practice polygamy.
38.
As regards the Freedom of Expression Bill, the delegation stated that it had been deferred,
but that recent announcements by the Ministers on Public Information indicate that the bill will be
taken back to Parliament. Regarding the NGO Bill, the Government did what was necessary; a
consultation process was under way. NGOs wanted to come back to the Government on several
issues, and the bill should be presented to Parliament. On the question from China on measures
taken to improve women’s rights, the delegation stated that, as a basic measure, sensitization
campaigns in the provinces are being carried out to that effect. In addition, in 2000, the national
policy on gender was developed, which outlines a number of items linked to rights of women.
Zambia also intends to domesticate CEDAW, and legislation is currently being developed which
will be specific to gender based violence. The Government, together with cooperating partners, has
developed a joint gender support programme to expedite gender issues and to ensure that sufferings
of women are alleviated quickly. On the question from France on child labour, the delegation stated
that Zambia has ratified ILO Convention No. 182 concerning the Prohibition and Immediate Action
for the Elimination of the Worst Forms of Child Labour and that the Government revised the
Employment of Young Persons and Children Act in order to ensure full implementation of the
Convention. Through programmes sponsored by the ILO, measures are being taken to eradicate
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