A/HRC/8/43
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(b) recommended that Zambia strive to amend its Criminal Code to decriminalize same-sex activity
between consenting adults in accordance with the recommendation of the Human Rights
Committee. It also noted concerns by the Committee on the Rights of the Child on the number of
children living and working on the street, particularly their exposure to physical and sexual abuse,
prostitution and HIV/AIDS and (c) recommended that a strategy be developed for the prevention
and assistance to children living and working on the street in order to protect and guarantee their
rights, involving community-based associations and other civil society organizations.
23.
Mexico acknowledged the progress made by Zambia, that it has ratified most of
international human rights treaties, and noted the establishment of various human rights institutions,
programmes and policies. It also recognized the challenges Zambia is still facing. It welcomed the
announcement to issue a standing invitation to all special procedures, noted with great satisfaction
that the death penalty has not been applied and suggested to declare a moratorium on death penalty.
It commended Zambia on its efforts to harmonize its legislation and its customary practices with its
international human rights obligations. As 90 per cent of the sentences in the country are handed
down by local courts governed by customary law, it recommended to train in human rights judges
working in the local courts, administering Zambian customary law, in particular, in respect to the
human rights of women and children and a gender perspective and to promote a flexible and
effective system of reviewing sentences, so as to guarantee the due process of law. It also
recommended that Zambia consider ratifying the Convention on the Rights of Persons with
Disabilities and the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families.
24.
Ghana noted with appreciation that the national report of Zambia was prepared through a
very participatory and inclusive approach. It commended Zambia on several initiatives, including
the establishment of institutions to promote and protect human rights and the incorporation of
human rights education in the training curricula of law enforcement personnel and recruits. It
requested more information on how the authorities ensure the development and efficiency of the
Access to Justice Programme, and how it is addressing the shortage of professional magistrates in
the judiciary.
25.
Egypt noted that Zambia was one of the leading African countries in the promotion of
democracy, political participation and human rights for all. It sought more information on the
multi-party system in Zambia and asked what advice it had for other countries in Africa struggling
to overcome problems in these areas and in their political development.
26.
Chile commended Zambia on its efforts in the promotion and protection of human rights.
With respect to the issue of death penalty, it recommended that the de facto moratorium on death
penalty in place since 1997 be transformed into a de jure moratorium with a view to reach a total
prohibition. It noted that under the law, a person may be deprived of liberty when suffering from
mental illness, is addicted to drugs or alcohol, or is a vagrant; and asked what safeguards exist to
avoid abuse of this legislation. It also noted in the national report that between 2004 and 2006 urban
poverty has declined whereas rural poverty has increased, and asked what measures are taken or are
planned to deal with this phenomenon. As concerns discrimination against women, it appreciated
measures adopted to improve the situation of women and asked whether an evaluation of the
strategic action plan on gender had been made.
27.
Chad highlighted major achievements of Zambia in the field of human rights. It noted the
high priority given to health, education, water provision, social security and environmental and
other rights in the Fifth National Development Plan. It welcomed the protection of economic, social
and cultural rights and stated that economic growth would further improve access to rights by
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