A/HRC/8/43 Page 7 special procedures. It referred to the Human Rights Committee’s concern about the lack of clarity of the legal provisions governing the state of emergency. It also referred to the Human Rights Committee’s concerns that the Criminal Code criminalizes consensual same-sex activity and (a) recommended that it be amended to decriminalize same-sex activity between consenting adults and that (b) Zambia develop programmes to respond to the HIV/AIDS related needs of sexually active gay men. Canada further (c) recommended to improve access to antiretroviral treatment for vulnerable groups, including women. Canada commended Zambia on the adoption of a National Gender Policy in 2000 and the launch of a Strategic Plan of Action on Gender 2004. It also referred to concerns by the Committee on Economic, Social and Cultural Rights (CESCR) about traditional practices and (d) recommended that Zambia take measures to improve the situation of widows and girl orphans, including by ensuring protection of inheritance through the enforcement of legislative provisions. Canada further (e) recommended that the provisions on equality before the law regardless of sex, and provisions in the draft constitution prohibiting any law, culture, custom, or tradition that undermine the dignity, welfare, interests, or status of women or men as proposed in articles 38-40, are retained in the draft constitution currently under consideration. 20. The delegation of Zambia responded to the questions raised, in particular on the question on sanitation facilities in schools, it referred to the existent water supply and sanitation facilities and programmes promoting new facilities related to hygiene in all schools. On the question on article 23 of the Constitution, the issue is currently being examined by the NCC. The draft constitution, which is before the NCC, has progressive provisions regarding the issue of discrimination on the grounds of personal and customary law. Regarding education, the delegation stated that in addition to English, seven local languages are taught in schools from grades 1 to 12, and explained that whereas private schools use English as language of instruction and no laws compel them to use the local languages. Regarding the question on health and maternal mortality rate, it recalled Zambia’s commitment to the attainment of the MDGs and that it has pledged to reduce maternal mortality by three quarters by 2015. The national health strategic plan’s objective is to increase access to integrated reproductive health and family planning services, and several strategies have been formulated to reduce the maternal mortality rate. On questions regarding gender-based violence and prison conditions, the delegation referred to its previous statement. 21. France noted the dynamic nature of the Human Rights Commission and recommended that Zambia strengthen this with a status in accordance with the Paris Principles, particularly with respect to human resources and independence. It noted that the President of Zambia announced his opposition to the death penalty and that a de facto moratorium had been introduced, and asked whether Zambia intended to formally abolish the death penalty or, if not, to transform de facto moratorium into a de jure moratorium. France also asked, if the National Constitutional Conference would propose to write down the abolition of the death penalty in the new Constitution, whether the Zambian Government would give effect to such a proposal Noting that Zambia has denounced violence against women and expressed its intention to combat it by strengthening its legislative framework, it asked for further information on present and future measures in that regard, as well as about measures taken to combat child labour. 22. The Netherlands appreciated Zambia’s openness in reporting problems it faces with regard to economic and social rights. It welcomed the de facto moratorium and called on the Government to permanently abolish the death penalty. It asked if Zambia intended to sign the Second Optional Protocol to ICCPR, aiming at the abolition of the death penalty, commended it on the ratification of many international conventions and its pledges to incorporate their provisions into domestic law. It (a) recommended that Zambia report to the Human Rights Council about further concrete steps that will be taken to incorporate the ratified international conventions in domestic law. It noted the Human Rights Committee’s concern about the criminalization of consensual same -sex activity and