ZAMBIA

 

 

Zambia is a one-party state in which individual rights, basic

freedoms, and due process are generally well observed while

some political rights are restricted. Much of the

decisionmaking power is concentrated in the hands of the

President, Kenneth Kaunda, who, unopposed, was reelected in

1983 to his fifth consecutive five-year term. He is advised

by a central committee of party leaders and governs through a

Cabinet and a Parliament elected through controlled

elections. The President possesses sweeping powers — conferred

on him by emergency legislation which dates from 1964— to

suspend observance of legal rights in the "interest of state

security." The Constitution also allows the National Assembly

to suspend basic constitutional guarantees. Candidates for

political office at any level must be members of the United

National Independence Party (UNIP) .

 

Zambia's economy continues to be severely depressed due to

such factors as low prices for the country's mineral exports,

the high cost of basic imports, inadequate agricultural

production, and statist policies. Also, the rapid rate of

population growth is outstripping increases in productivity.

There has been a continuing decline in the standard of living,

but the Government is taking steps to improve the management

of the economy and to encourage the private sector, including

removing agricultural production disincentives, while

attempting to maintain delivery of a wide range of social

services to the citizenry. Urban crime and smuggling are

widespread and growing, severely taxing the limited

capabilities of Zambia's police and military forces.

 

In January 1983, Zambia's high court convicted seven persons

of conspiring to overthrow the Government and handed down

mandatory death sentences. The convictions were appealed to

the Supreme Court, which took testimony in open session during

August and September 1984. On April 2, 1985, the Supreme

Court reversed the convictions of two men sentenced to death

and dismissed the appeals of the other five. The five men

facing death sentences have the right to appeal to President

Kaunda for clemency. During 1985, over 40 persons were

detained under orders signed by the President.

 

There was no major change in the status of human rights in

Zambia in 1985. Zambian institutions such as the press, trade

unions, and churches have come under some pressure from

central authorities to be more responsive to the wishes of the

Government but have maintained to the best of their ability

their objectivity, status, and influence. There is strong

competition for parliamentary seats within the single-party

structure. The National Assembly provides a platform for the

spirited consideration of issues. The judiciary is

independent and takes full account of the rights of the

accused. The trade union movement continues to be one of the

best organized and most democratic in Africa, and the churches

remain a strong independent force which can unite to defend

common interests. Zambia continues to serve as a place of

first asylum for refugees in the region.

 

RESPECT FOR HUMAN RIGHTS

 

Section 1 Respect for the Integrity of the Person, Including

Freedom from:

 

a. Political Killing

 

During 1985, there were no killings for which there was

evidence of political motivation or government instigation.

 

b. Disappearance

 

No case of politically motivated disappearance is known to

have occurred during 1985.

 

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

Punishment

 

The Constitution prohibits torture, but there are allegations

that police and military personnel have used cruel treatment

when arresting persons and have resorted to torture when

interrogating detainees. Charges of torture and mistreatment

are reported freely in the press when victims register their

complaints in court. The courts frequently order

investigations to ascertain if confessions or statements were

made after torture or physical or mental mistreatment and have

consistently rejected statements obtained under duress from

arrested persons. Abuses of prisoners are reported to include

beatings, pain inflicted on various parts of the body, and

long periods of solitary confinement. Prisoners have

successfully sued the state for damages as a result of prison

abuses. The Director of Public Prosecutions has announced

that he would meet with the Inspector General of police

concerning complaints from prisoners of beatings while in

police custody.

 

Zambian prisons are overcrowded, understaffed, and

unsanitary. In the past 20 years, the prison population has

grown from 5,000 to 11,000 with no corresponding growth in

facilities. Medical facilities are meager, but prisoners with

serious medical problems are treated in public hospitals.

Prisoners are generally segregated by sex, seriousness of the

offense, and age group. There is no institutional

differentiation in the treatment of different categories of

prisoners charged or convicted under civil or criminal

statutes, but Presidential detainees receive better care than

that accorded common criminals.

 

d. Arbitrary Arrest, Detention, or Exile

 

Under the state of emergency, which has been in effect since

independence in 1964, the President has broad discretion to

detain or restrict the movements of individuals. Detention

procedures have been revised to conform with the provisions of

the Constitution and have increased the President's authority.

The President can order a detainee to be incarcerated

indefinitely and is not legally bound to accept a court's

acquittal if he still believes that the detainee is guilty.

In practice, however, detainees are almost always released if

the court finds in their favor. By law, presidential

detainees are entitled to: formal notification within 14 days

of the reasons for their detention; publication of their

detention in the government gazette; access to counsel;

frequent visitation by family and colleagues; immediate

representation to the detaining authority; and the right to

 

seek judicial review of the detention order by an independent

and impartial tribunal after 1 year. Presidential detainees

have their cases heard by the high court and have the right to

appeal to the Supreme Court. Habeas corpus is, in principle,

available to persons detained under presidential order, but

the Government is not obliged to accept the recommendation of

the review tribunal. It is estimated that approximately 45

presidential detainees are currently held in Zambia.

 

During 1985, the presidential detention power was used to

arrest about 40 persons, many of whom were allegedly involved

in illegal drug or currency transactions. Ten of those

detainees were released after being detained for periods

ranging from a few days to 4 months. Most of the other

detainees are seeking their release through court actions, but

this can be a slow process which can take anywhere from a few

months to several years. Detainees can sue the state for

unlawful detention and false imprisonment, and such cases were

brought to court during 1985.

 

Under the state of emergency, law officers and defense

personnel have extraordinary powers. Police officers of

assistant inspector rank and above may arrest without a

warrant and detain a person for up to 28 days if the officer

has reason to believe grounds exist to justify a presidential

detention order. However, within 14 days police must provide

the detainee with the reasons for his detention or his

incarceration is void. This requirement is followed

rigorously. Security officers have broad powers to search

suspects and their homes and sometimes act without warrants

when looking for smugglers or illegal aliens.

 

There is no slavery, involuntary servitude, or forced labor in

Zambia. These are prohibited by the Constitution.

 

e. Denial of Fair Public Trial

 

The Zambian judicial system consists of a Supreme Court with

appellate powers and a series of lower courts — of which the

high court is the most important. Presidential detainees are

not automatically guaranteed public trials, but the majority

have been tried in public. The safeguards of English common

law are provided in court cases not involving presidential

detainees. Independent observation confirms the independence

of the Zambian judiciary from executive branch influence. The

President's power to appoint and transfer judges has sometimes

been cited as proof that judicial independence can be

compromised. However, there is no evidence that such power

has swayed court decisions.

 

There are probably five or fewer detainees who could make a

claim to political prisoner status, and even in these cases it

is possible that the persons were involved either in acts of

violence or in plotting actions involving violence. Three of

these detainees are charged with involvement in the alleged

1981 plot to rescue prisoners accused of treason, but they

have not yet been brought to trial.

 

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

Correspondence

 

The Zambian Government does not require membership in

political organizations and usually does not monitor

correspondence or telephones or otherwise interfere in family

life. The sanctity of the home is generally respected, except

 

in isolated incidents relating to the national emergency or to

roundups of illegal aliens. In such cases, security forces

often do not have search warrants.

 

Section 2 Respect for Civil Rights, Including:

 

a. Freedom of Speech and Press

 

There is considerable freedom of press and speech in Zambia,

and the press regularly reports criticism of government

activities expressed by sources ranging from elected officials

to average citizens. The two national dailies are owned by

the Government and the party respectively, but substantial

commentary critical of party and government performance is

permitted. The Times of Zambia, the party paper, is generally

independent of outside direction. The papers discuss economic

policy, corruption, and poor administration. However,

negative comments concerning the Head of State, the concept of

the one-party state, or the national philosophy, "Humanism",

are prohibited. Journalists and commentators know the limits

of criticism and avoid reporting which could lead to charges

of libel and slander. An independent biweekly paper, which is

sometimes critical of official policies, is published by an

association of churches, and two other independent papers

focus on mining and financial subjects. Television and radio

are owned and operated by the Government; frequent panel

discussion programs provide for a wide range of views on

Zambian issues.

 

While the possibility of censorship of foreign publications

and news items exists, it is seldom invoked. Academic freedom

is highly respected in Zambian society, and Zambian educators

are outspoken in their commitment to an educational system

free of government influence. There is little or no

governmental influence in matters relating to curriculum,

student selection, or faculty assignment.

 

b. Freedom of Peaceful Assembly and Association

 

Police permits are required for meetings, rallies, or

marches. These permits are issued routinely, unless the

Government believes the proceedings are likely to be directed

against local authorities. While there is a ban on all

political activity outside the one-party structure, Zambia has

a profusion of trade associations and professional groups

which can serve as unofficial pressure groups on various

economic, political, and social subjects.

 

Zambia has a history of strong labor union organizations,

dating from the establishment of large copper mines during the

1930's. Zambia's 18 national labor unions, which are

organized by industry or profession, are all members of the

Zambia Congress of Trade Unions (ZCTU). Member unions defend

worker interests, especially regarding wages and conditions of

work, and have the right to bargain collectively. Under

existing legislation, strikes are permitted only for specific

reasons and only after all other recourse has been exhausted.

Virtually all strikes are illegal, since they almost always

commence before the mandatory process of mediation has run its

course. However, the Government has normally relied on

persuasion and continued mediation to end strikes once they

have begun. A series of wildcat strikes during 1985,

involving workers in such important sectors as finance and

mining, resulted in a government decree declaring workers in

most sectors of the economy "essential" and therefore liable

 

to prosecution for illegal strike action. However, the

Government has yet to invoke this decree. The ZCTU is not

controlled by the party or Government, and union leaders

frequently criticize government policy on such subjects as

wages, economic policy, conditions of service, and labor

representation in party and government organs. The ZCTU is

democratic and regularly conducts open elections to select its

leadership. It is active in the International Labor

Organization and is a member of the Organization of African

Trade Union Unity.

 

c. Freedom of Religion

 

Freedom of religion is constitutionally guaranteed and has

been supported by President Kaunda. Zambia has no state

religion, and adherence to a particular faith does not confer

either advantage or disadvantage. Christian missionaries from

a wide variety of faiths operate freely in the country. While

Jehovah's Witnesses are prohibited from proselytizing, the

sect functions openly and its freedom not to participate in

various secular activities such as voting, singing the

national anthem, and saluting the flag has been upheld in the

courts and supported by senior party leaders. Lay

associations and religious youth groups operate independently

of party control or influence.

 

d. Freedom of Movement Within the Country, Foreign

Travel, Emigration, and Repatriation

 

The President may, under the emergency legislation, restrict

the movement of individuals within Zannbia, although this

authority is seldom if ever used. The Government also

reserves the right to refuse to issue or to withdraw passports

to prevent foreign travel by individuals whose activities are

considered inimical to Zambian interests. Such restrictions

are occasionally applied. Strict currency regulations also

serve to inhibit foreign travel or emigration.

 

Accjuisition, loss, or revocation of citizenship is governed by

constitutional provisions and laws administered by the

citizenship board. However, the President also has power to

grant or revoke citizenship on an extraordinary basis.

 

Zambia has long played host to a considerable refugee and

asylum-seeking population that originates in several

strife-torn southern African countries. The United Nations

High Commissioner for Refugees (UNHCR) estimates that there

are about 97,000 refugees in Zambia. The largest group of

refugees is from Angola, with significant numbers from Zaire,

Namibia, and South Africa. Smaller numbers are from Malawi,

Mozambique, and Zimbabwe. Many of the Angolans and Zaireans

have spontaneously resettled in western and northwestern

provinces since the ethnic compositions on both sides of the

border are similar. The Zambian Government operates two large

refugee resettlement centers, and the Southwest African

People's Organization operates one camp. Urban refugees

number approximately 700.

 

Section 3 Respect for Political Rights: The Right of Citizens

to Change Their Government

 

Since 1973, the United National Independence Party, with an

estimated membership of less than 10 percent of the adult

population, has been Zambia's sole legal political party.

Power is concentrated in the hands of the President as leader

 

of the party and Chief of State. He plays a dominant role in

determining the membership of Zambia's top executive

institutions, the party central committee and cabinet,

although traditionally both bodies contain a general balance

of regional and tribal representation.

 

Candidates for political office at any level must be members

of the party and are subject to close examination for

suitability by senior party authorities. In practice, the

Zambia political system is open to individuals of somewhat

divergent opinions provided they are willing to work within

the one-party structure and not challenge the President's

preeminent position. In the latest parliamentary elections in

1983, 760 candidates contested 125 seats; 40 incumbents were

defeated, including 7 ministers of state.

 

The National Assembly is reflective of constituent interests

and sometimes thwarts or modifies executive branch policies

and programs. It can also be very critical of such policies,

as was demonstrated a number of times in 1985 when members of

Parliament railed against government expenditures, poor

services, and land allocations. Presidential and general

elections are by universal suffrage but the numbering of

ballots, which could be cross-checked against voter

registration numbers, could undermine the secrecy of the

ballot. In the 1983 presidential election, voters had the

option of voting for or against the single candidate or

abstaining. A total of 63.4 percent of registered voters went

to the polls, of whom 93 percent voted in favor of the

President .

 

Section 4 Governmental Attitude Regarding International and

 

Nongovernmental Investigations of Alleged Violations

of Human Rights

 

While there is no public record of the Zambian Government

having been subject to such investigations during 1985, the

Government neither encourages nor hinders inquiries or visits

by human rights organizations. In its 1985 Report, Amnesty

International was concerned about the detention without trial

of alleged opponents of the Government. Freedom House rates

Zambia "partly free."

 

ECONOMIC, SOCIAL, AND CULTURAL SITUATION

 

Zambia continues to suffer from a prolonged economic

recession, marked by inflation, serious unemployment, and

scarce financial resources. The application of various

economic policies since independence along socialist or

centrally managed lines has not lived up to expectations.

Real per capita income has fallen below the level at

independence, and due to depressed prices for Zambia's copper

exports, even total real national income remains below the

level reached in 1977. Per capita gross national product fell

from $644 in 1982 to $580 in 1983. Zambia's 6.8 million

population is now growing at the rate of 3.2 percent (2.8

percent in 1970). A 3-year drought during the period 1982-84

reduced food production and forced further reliance on food

imports. However, improved rainfall during early 1985 should

provide Zambia with a better maize harvest.

 

In the past three years, the Government has taken a number of

measures designed to deal with the country's economic plight.

It has restricted public spending, reduced or eliminated

government subsidies on essential commodities, raised prices

 

paid for agricultural produce, and devalued the currency by

introducing an auction system for the purchase of foreign

exchange. It is also taking steps to promote private

initiative. The economy, however, faces a substantial debt

burden and a return to economic growth is not expected for

several years.

 

The average income of rural inhabitants is estimated to be

substantially less than one-third the size of the average

earnings of urban dwellers. This imbalance has generated

heavy rural-to-urban migration (over 40 percent of the

population is urban), exacerbating already high unemployment

and crime rates in urban areas. Nationwide, unemployment is

well over a third of the potential work force. The top 20

percent of households claims over 56 percent of the total

income, while the bottom 40 percent gets 11 percent (1976).

 

In addition, the gap between rural and urban areas in terms of

education, housing, nutrition, and the availability of public

services is considerable. However, by 1980 about the same

percentage of rural dwellers (66.4 percent) had access to safe

water as urban dwellers (67 percent). Life expectancy at

birth is 51.7 years. The infant mortality rate is 107 per

1,000 live births (1985). The fertility rate is 6.1 live

births per woman, one of the highest in the world.

 

The literacy rate is estimated at 54 percent. According to

1980 statistics on school enrollment as a ratio of population

in age groups, almost all Zambia's primary-age children are

enrolled in primary school. Less than 20 percent of primary

school graduates are admitted to secondary school due to

limitations of facilities and resources. Female students can

be admitted to secondary school with lower passing marks than

male students as part of Zambia's "affirmative action" program.

 

Zambian law regulates minimum health and safety standards and

worker rights in any industrial undertaking. Boards appointed

by the Government and including worker and employer

representatives fix minimum wages, overtime pay, and

conditions of employment. Women are excluded from night work

and a variety of hazardous occupations. Although age

restrictions apply to the industrial sector, with few cases of

employees under age 16, in the commercial and agricultural

sectors persons under age 14 are often employed.

Under statutory law, women generally enjoy full ec[uality with
men, and women participate increasingly in Zambia's social,
economic, and political life. They hold some senior positions
in the party, the Government, and the judiciary, and are
gaining increasing representation in the professions and
higher education. In 1983, the number of women on the party's
25-member central committee was increased from 2 to 4 .
Nevertheless, the majority of Zambian women still occupy
traditional roles. Customary law and practice still compete
on a de facto basis in most rural areas with Zambia's
Constitution and codified laws. Some customary statutes place
women in subordinate or unequal status with respect to
property inheritances and marriage. The Law Development
Commission is seeking ways to remove such anomalies. In
Zambia's traditional society, women's primary role is bearing
and raising children.