By Mast Reporter
The state and future of human rights in Zambia is bleak unless the government urgently repeals the repressive legislation that undermines citizens’ enjoyment of their fundamental freedoms, Socialist Party leader Fred M’membe has warned.
Commenting on the UN Special Rapporteurs’s preliminary report that was released last Friday, M’membe noted that Zambia is on a slippery slope when it comes to the observance of human rights.
“The overall message from the UN Special Rapporteur’s preliminary report is that the current state and future of human rights in Zambia is bleak, unless the government urgently repeals the repressive legislation that undermines the enjoyment of human rights. Ms Irene Khan has acknowledged that there were human rights violations under the previous administration but she is also saying that the current administration is heading in the same wrong direction. We agree with her preliminary observations. Zambia is on a slippery slope. Yes, there were rights abuses in the past but those in power today are not living up to people’s expectations on theI score. They are using the law to suppress dissent, undermine the opposition, arrest critics, and strangle human rights, especially civil and political rights. Freedom of expression and the right to peaceful public assembly remain on death row under Mr Hichilema. Where is the change that Mr Hichilema and the UPND promised Zambians when it comes to respect for human rights?”, he asked.
He urged the government to implement the recommendations contained in the Rapporteur’s report.
“Mr Hakainde Hichilema’s government and the judiciary should take seriously the observations made by Irene Khan on sedition, hate speech, and the Public Order Act. We agree with Khan that such laws should not be on our statute books as they are being abused by Mr Hichilema’s government to crack down on opposition and dissent”.
The opposition Socialist party leader accused the government of abusing the law to curtail legitimate political debate and suppress criticism of its actions.
“Mr Hichilema is using sedition and hate speech laws to stifle legitimate political dissent and debate in a desperate and despotic attempt to censor critical viewpoints that threaten his hold on power. This is very dangerous because it is very difficult, legally or otherwise, to define what constitutes “sedition” or “hate speech.” As the nation has witnessed over the last three and half years of Mr Hichilema’s rule, this definition challenge has led to the misuse and selective enforcement of such laws. These laws are being used to target political opponents or suppress critical viewpoints”, M’membe said.
He called on the judiciary to play its part in respecting and protecting constitutionally guaranteed human rights.
“Our judiciary, due to serious lack of independence, has not done a good job to balance freedom of speech, laws criminalising sedition and hate speech by interpreting them narrowly and only applying them to speech that is likely to incite imminent violence. In most cases, the penalties have been disproportionate. The severity of penalties should be appropriate to the nature of the offence, avoiding excessive punishments for mere expression of controversial opinions. A robust judicial system is crucial to ensure fair application of these laws and safeguard against the arbitrary enforcement we are witnessing”, M’membe added.
