22/13 Report of the Working Group on the Universal Periodic Review - Zambia

GE.13-10005

Human Rights Council Twenty-second session

Agenda item 6 Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

Zambia

* The annex to the present report is circulated as received.

Contents Paragraphs Page

Introduction ............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process ................................................ 5–101 3

A. Presentation by the State under review ........................................................... 5–30 3

B. Interactive dialogue and responses by the State under review ........................ 31–101 6

II. Conclusions and/or recommendations ..................................................................... 102–105 14

Annex

Composition of the delegation ......................................................................................................... 22

Introduction

1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its fourteenth session from 22 October to 5 November 2012. The review of Zambia was held at the 12th meeting, on 30 October 2012. The delegation of Zambia was headed by Musa Mwenye. At its 18th meeting, held on 2 November 2012, the Working Group adopted the report on Zambia.

2. On 3 May 2012, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Zambia: Burkina Faso, Thailand and the United States of America.

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21 of 25 March 2011, the following documents were issued for the review of Zambia:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/14/ZMB/1);

(b) A compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/14/ZMB/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/14/ZMB/3).

4. A list of questions prepared in advance by Belarus, Denmark, Germany, Hungry, Mexico, Netherlands, Spain and United Kingdom of Great Britain and Northern Ireland was transmitted to Zambia through the troika. These questions are available on the extranet of the UPR.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegations stated that the participation of Zambia in the universal periodic review process signified its continuous and consistent support for the objective of enhancing the protection of and respect for human rights. Zambia was therefore pleased to be undergoing its second review.

6. The delegation highlighted some of the major achievements since the first review. It stated that Zambia has held peaceful and democratic elections in 2008 and 2011. Zambia was one of only a handful of countries in Africa that have twice changed governments from a ruling party to an opposition political party, and was fast becoming a model of democracy.

7. Zambia was currently undergoing constitutional reform. A Technical Committee, appointed on 16 November 2011, has prepared a first draft constitution. This Committee will hold consultative meetings in all the districts, followed by provincial constitution conventions and a national convention. A second draft constitution could be available by April 2013, which, depending on the final agreed text, could then be adopted in a referendum followed by parliamentary enactment.

8. The delegation stated that the task of making a constitution resided in the people and the new constitution would hopefully reflect the social, economic and political aspirations

of the Zambian citizenry; and also that this process would accord the people the opportunity to agree on a definitive position on the death penalty.

9. Since elections in 2011, there has been a significant and remarkable increase in the number of women in decision-making positions. The delegation provided a number of examples, including that of the Acting Chief Justice and the Deputy Chief Justice of Zambia, who were women, and that of five of the ten Judges on the Supreme Court, who were also women. Additionally, of the 37 Permanent Secretaries appointed, 17 (approximately 45.9 per cent) were women.

10. The delegation stated that the draft Constitution would protect women from discriminatory laws and practices in the area of personal and customary law, and cited article 27 in this regard. Consultations have also been finalized on proposed amendments to the Intestate Succession Act that will address discrepancies which disadvantage beneficiaries in the event that a male spouse dies without leaving a will. The amendments were expected to be taken to Parliament for enactment soon.

11. The delegation stated that Zambia has made major steps towards enhancing protection against gender-based violence and cited in this regard the enactment of the Anti- Gender-Based Violence Act. Implementation of this Act has commenced with the establishment of “safety shelters” and the allocation of funds under the 2013 national budget to establish more places of safety countrywide. Also addressed is the creation of awareness of gender-based violence and a response to this violence through the preparation of a joint programme of a number of activities to be carried out by various stakeholders in

2013.

12. The delegation stated that the goal of Zambia was to ensure that all people enjoyed the same rights without any discrimination based on sex, race, disability, status or any other recognized ground which makes it unjustifiable to deny any person a right to which they are entitled.

13. Zambia was committed to ratifying all human rights instruments and to ensuring that those undertakings under international law were properly translated into domestic law and that progress has been and will continue to be made in this regard. Since the last review, Zambia has enacted the Anti-Human Trafficking Act 2008, the Anti-Gender-Based Violence Act of 2011, the Persons with Disabilities Act 2012, and the Education Act No. 23 of 2011. Zambia will continue to domesticate the human rights instruments to which it is a party.

14. As regards the implementation of the Anti-Human Trafficking Act, the delegation stated that a national policy had been put in place and an Inter-ministerial Task Force had been set up to spearhead the implementation of this Act. Places of safety (shelters) had been established and a fund to provide material support, rehabilitation and counselling for victims had been set up. With support from cooperating partners, Zambia was conducting continuous awareness-raising and training programmes for law enforcement officers and relevant stakeholders.

15. The delegation stated that the Government would soon table the Freedom of Information Bill before Parliament for its consideration, which would be a major step in ensuring the protection of the right to information.

16. In light of the many concerns raised by civil society with regard to the Non- Governmental Organization Act, the Government was engaged in discussions with civil society to find the best way of creating an environment that enhanced the freedoms of civil society to operate without any unjustified restrictions.

17. Zambia has introduced the requirement to register mobile phone SIM cards, which was essential in protecting the general public against crime. It was committed to using this

measure as a means of protecting the public rather than as a tool of repression of freedom of expression or unjustifiable invasion of privacy.

18. The delegation stated that in its resolve to fight corruption, Zambia has enacted the Anti-Corruption Act No. 3 of 2012, which sought to domesticate, amongst other instruments, the United Nations Convention against Corruption.

19. The delegation stated that, consistent with its commitment to providing equal educational opportunities to all children, Zambia had built schools in most rural areas; had also taken steps to ensure that the new schools have quality and motivated teachers; and had embarked on mass recruitment of teachers with initiatives which include higher pay and better conditions of service. Of the total budget for 2013, 17.5 per cent has been dedicated to education.

20. As regards the concerns that have been raised in connection with the treatment of persons within the criminal justice system by the Police and Prisons Service, the delegations stated that the Government was committed to continued vigilance in an effort to enforce the law in a manner consistent with the Constitution and with the rights and dignity of all citizens.

21. Corporal punishment was outlawed in schools and in the prison system and the Constitution accorded protection from torture, without derogation. The Government has consistently trained law enforcement personnel in basic human rights and will continue to do so.

22. The delegation stated that the Government appreciated the gravity of the problem of overcrowding in some of the prisons. Although the problem remained critical, the Zambia Prisons Service has been decongesting highly congested prisons by transferring inmates to other prisons. Also, the Livingstone Central Prison has been renovated and upgraded to a grade “B” Maximum Prison. In addition, K4.7 billion (approximately US$1 million) have been allocated to complete the construction of a modern Maximum Security Prison in Mwembeshi. New prisons have been constructed in Western, Northern and Eastern provinces as part of the initiative to build prisons in all ten provinces. In addition, Presidential Pardons and conditional release by the National Parole Board have had a positive effect on reducing overcrowding in prisons. The Prisons amendment Act No. 16 of 2004, section 111 A, had been used and 56 terminally ill prisoners had been released from

2009.

23. The delegation stated that the Medical Directorate in the Prisons Service established in compliance with the Prisons amendment Act No. 16 of 2004 has formulated a five-year strategic plan for prison health matters. The directorate has sent Coordinators to all Prisons with the responsibility of collecting monthly statistics on HIV/TB rates to enable the Government to respond effectively to the needs of prisoners. There has been a reduction in control of the transmission of TB. The directorate has among its staff an environmental technician who advises on the fitness of the environment in which inmates live and on the food which they consume and a coordinating body on HIV/TB for related programmes. The Zambia Prisons Service has also taken measures to ensure that prisoners do not re-offend after discharge through a number of rehabilitation programmes which are handled by the Offender Management Unit in the Service. Zambia was cognizant of the fact that considerably more needed to be done to improve the situation in prisons. Challenges persist not for want of trying but because of the sheer extent to which the situation had escalated.

24. The delegation stated that Zambia viewed the rights of children as critical. The draft Constitution contained progressive clauses that would further enhance children’s rights, once adopted, as it would define a child in line with the Convention on the Rights of the Child. A review of all child-related legislation was being undertaken to harmonize the definition of a child.

25. The Juveniles Act was also under revision and the Child Justice Administration Bill 2012 has been drafted. Section 28 of the Education Act 2011 prohibited the imposition or administration of corporal punishment or degrading or inhuman treatment on a learner. Through stakeholders, the Government has also produced and is distributing training modules and texts of the child protection policy to all teacher training colleges. The draft Constitution was also expected to enhance the protection of children from corporal punishment. If passed, article 55(5) (g) will prohibit corporal punishment of children in the home, school and other institutions of care.

26. The delegation stated that poverty was a major factor affecting the enjoyment of human rights. The 2030 Vision of Zambia was to be a middle income country and its efforts were being targeted, at, inter alia, wealth and job creation. Zambian national development plans have included among their objectives and activities continuous empowerment programmes and schemes for various identified vulnerable groups such as women and persons with disabilities. The Government has also recently announced an ambitious budget which proposed to create more than one million new jobs in the next five years.

27. The delegation stated that the vision of Zambia was to have a nation free from the threat of HIV and AIDS by 2030. A number of cost-effective and scientifically proven HIV, AIDS, STI and TB interventions have been implemented. Also, in recent years various programmes aimed at improved protection of the rights of persons affected and infected with HIV and AIDS have been conducted. Protection and promotion of human rights was intended to be one of the guiding pillars in the construction and implementation of the new national HIV and AIDS policy.

28. The delegation recalled that the Environmental Protection and Pollution Control Act (EPPCA) had been enacted in 1990. However, with the emergence of new environmental issues, a new Act, the Environmental Management Act (EMA) No. 12 of 2011, has been enacted. In addition to enhancing environmental protection mechanisms, the Act also augments participatory processes for local communities in decision-making in relation to the use of their natural resources. Also, the development of the National Policy on the Environment (NPE) in 2007 marked a milestone in the harmonized management of the environment and natural resources.

29. The delegation stated that in an effort to reduce pressure on forest resources, a 20- year programme called the Zambia Forestry Action Programme (ZFAP, 2000-2020) had been developed, aimed at promoting sustainable management and utilization of forest resources. However, the implementation of this programme has been hampered by challenges such as insufficient funds and inadequate human resources. Zambia remained committed to this endeavour despite the admitted challenges.

30. The delegations stated that Zambia views participation in this UPR process as an opportunity to discuss its achievements, challenges, and future plans for the further promotion and protection of human rights not only within its boundaries but also around the world. Zambia welcomed those observations and recommendations that could help it achieve its goal of ensuring that every person will enjoy human rights, without discrimination.

B. Interactive dialogue and responses by the State under review

31. During the interactive dialogue, 63 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.

32. The Netherlands noted the progress made regarding a number of issues raised during the previous review. It enquired about information on specific measures taken to establish special centres for street children. The Netherlands referred to a recommendation made by

the Zambian National Aids Council on the need for more research on men who have sex with men. It made a recommendation.

33. New Zealand commended the decision of Zambia to enact a new Constitution as well as its identification of health care as a national priority. It also referred to the establishment of an autonomous Human Rights Commission. However, it expressed disappointment at the health budget reduction in 2012. It also raised concerns about the country’s high maternal mortality rate. It made recommendations.

34. Nicaragua welcomed the ongoing constitutional reform process and expressed the hope that it would guarantee all human rights and would be approved by referendum. Nicaragua made recommendations.

35. Nigeria welcomed the 2012 draft Constitution and enactment of the 2008 Anti- Human Trafficking Act. It commended Zambia for implementing free basic education for children, and acknowledged the efforts made by Zambia to combat corruption. It urged the international community to support Zambia in improving with regard to identified human rights challenges.

36. Norway commended Zambia on the peaceful and constitutional transfer of powers and welcomed acceptance of the Zambian Human Rights Commission as a national human rights institution in accordance with the Paris Principles. It welcomed the enactment of the 2011 Anti-Gender-Based Violence Act while expressing concern over the persistence of gender violence. It raised stakeholders’ concerns over prohibited consensual same-sex activity. It made recommendations.

37. Paraguay welcomed the creation of the Electoral Commission, the Police Public Complaints Authority and the Anti-Corruption Commission. It commended the constitutional reform process. It noted that Zambia was a landlocked country. It noted the importance of raising Zambians’ awareness of human rights and solidarity and cooperation with other governments. Paraguay made a recommendation.

38. The Philippines acknowledged the efforts made by Zambia against gender bias and discriminatory practices against women. It noted continued improvement of the legal and institutional frameworks despite resource constraints. It commended the efforts made by Zambia to combat corruption. The Philippines welcomed the drafting of a new Constitution and enactment of the Anti-Human Trafficking act. It made recommendations.

39. Romania acknowledged the draft Constitution and the adoption of human rights laws that demonstrated that Zambia was working towards complying with its human rights obligations. However it regretted the existence of discrimination against women and that Zambia had not ratified the Optional Protocols to the Convention on the rights of the child. It made a recommendation.

40. Rwanda commended Zambia on several human rights achievements, including the adoption of the 2011 Anti-Gender-Based Violence Act. It welcomed the population census. It noted the ongoing process to draft a new Constitution and expressed the hope that this would include human rights. It made a recommendation.

41. Senegal noted the appropriate follow-up on the recommendations from the first UPR cycle. It acknowledged measures on rights for women, children and persons with disabilities and expressed the hope that these would be strengthened in the new Constitution being drafted. It raised concerns over remaining difficulties and appealed for technical assistance for Zambia. It made recommendations.

42. Singapore noted progress in various areas including the promotion of gender balance and education. It noted the adoption of the 2011 Anti-Gender-Based Violence Act and the improved environment for women. It acknowledged efforts to combat the HIV/AIDS

epidemic and reduction of HIV prevalence, and the achievement by Zambia of its millennium development goals target. Singapore made recommendations.

43. Slovakia commended Zambia on ratification of the Convention on the Rights of Persons with Disabilities and the International Convention for the Protection of All Persons from Enforced Disappearance. It acknowledged the standing invitation to special procedures. Slovakia welcomed the level of 50 per cent women on the Zambian High and Supreme Courts. It made recommendations.

44. Slovenia welcomed several positive steps, including the enactment of the Anti- Gender-Based Violence Act and the national action plan on gender-based balance. However, it raised concern over lack of incorporation of human rights treaties into policy and legislation, and apparent lack of cooperation with treaty bodies. Slovenia made recommendations.

45. South Africa commended the enactment of the 2011 Anti-Gender-Based Violence Act and requested further information on the progress of the national action plan against gender-based violence. It welcomed the open invitation extended by Zambia to special procedures. It made a recommendation.

46. Spain congratulated Zambia for ratifying the Convention on the Rights of Persons with Disabilities in 2010. It also appreciated efforts made in combating gender-based violence and its efforts in bringing its national legislation in line with the Convention on the Elimination of All Forms of Discrimination against Women. It welcomed the open standing invitation extended by Zambia to all special procedures. Spain made recommendations.

47. Sri Lanka noted the introduction of programmes aimed at accelerating the socio- economic empowerment of citizens, especially youth and women. It commended the focus by Zambia on the rights of vulnerable groups. It welcomed the 2008 Anti-Human Trafficking act and commended the continued developments in the education sphere. Sri Lanka noted the major challenge posed by the HIV/AIDS epidemic. It made a recommendation.

48. The Sudan commended the combat against gender-based violence and the 2011 enactment of the Anti-Gender-Based Violence Act. It noted the establishment of a commission on gender-based violence to monitor related activities. The Sudan requested to know about the impact of this commission and enquired as to whether the commission contributed to establishing guidelines on assistance to victims of gender-based violence.

49. Swaziland noted the constitutional, judicial and policy measures for the protection of human rights adopted by Zambia. It commended Zambia for the appointment of a Technical Committee in 2011 to draft a new constitution. Swaziland made a recommendation.

50. Thailand welcomed steps taken by Zambia in enhancing women’s access to decision-making positions and addressing gender-based violence. However it expressed concern over adverse cultural norms, traditions and stereotypes regarding the roles and status of women. It encouraged the international community to share good practices and provide assistance. It made recommendations.

51. Togo welcomed legislation to protect persons with disabilities and combat gender- based violence and human-trafficking. It noted the increased health budget, higher school enrolment and better gender equality in schools. It welcomed the 2011 law on education to make way for free compulsory basic education. Togo made recommendations.

52. Uganda noted extensive legal and policy reforms in response to UPR recommendations. It commended efforts to combat HIV/AIDS. Uganda made a recommendation.

53. Ukraine commended Zambia on its constitutional reform, with particular attention to the rights of the child, persons with disabilities, women and other vulnerable sectors of the community. It recognized the threat of the HIV/AIDS epidemic spread and encouraged Zambia to strengthen its efforts to combat this threat. Ukraine made a recommendation.

54. The United Kingdom of Great Britain and Northern Ireland expressed concern over prison conditions and the continued existence of the death penalty. It welcomed the creation of the Ministry of Gender. It encouraged Zambia to continue addressing gender inequalities and gender-based balance; improve enforcement of the employment law; and legislate to protect the rights of lesbian, gay, bisexual and transgender (LGBT) persons. It made recommendations.

55. The United States of America commended the peaceful change in power in 2011 while expressing concern over the infringement of freedom of assembly. It noted the absence of a legal framework for the Technical Committee charged with constitutional reform. It praised efforts to combat corruption yet raised concerns about the very low number of investigations and convictions. It made recommendations.

56. Uruguay welcomed the progress made by Zambia in combating gender-based violence; the adoption of the anti-human trafficking Act and the open invitation extended by Zambia to all special procedures mandate holders. However, the CEDAW committee noted the negative impact of the dual legal system given that in practice customary law prevailed. Uruguay made recommendations.

57. Zimbabwe noted the commitment of Zambia to fulfil its human rights obligations. It commended its open invitation to special procedures and recognized the three ensuing missions to Zambia. It acknowledged the efforts made and challenges faced by Zambia. Zimbabwe made recommendations.

58. Algeria noted the strengthened framework to protect human rights and the establishment of a Technical Committee to draft a new constitution. It welcomed the priorities of Zambia on education, health, agriculture, local authorities and housing. It urged international support for Zambia. Algeria made recommendations.

59. Angola congratulated Zambia for the 2010-2020 human rights action plan. It recognized measures to improve prison conditions and laws to combat gender-based violence, human trafficking, protect persons with disabilities and provide free primary and secondary education. Angola welcomed the accession by Zambia to certain international human rights instruments. It made a recommendation.

60. Argentina welcomed the creation of the Ministry of Gender and Child Development. It commended Zambia on the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance. Argentina made recommendations.

61. Australia noted the abolitionist stance of Zambia yet expressed concern over the continued existence of the death penalty. It acknowledged the country’s constitutional review process and encouraged it to enshrine human rights in law. Australia expressed concern over the criminalization of consensual same-sex relationships. It made recommendations.

62. Bangladesh commended the implementation of 1st cycle UPR recommendations and the adoption of human rights laws. It commended the priority given to education, health and agriculture. It raised concerns over poverty and HIV/AIDS. Bangladesh noted the need for international support and requested information on the expectations of Zambia from the international community to complement national efforts.

63. Belarus noted reports on human rights problems in several areas, including poverty and children’s rights. It expressed concern about, inter alia, the sexual abuse of children,

torture, prison overcrowding, gender inequality and discrimination against women, the high maternal and infant mortality rate and the low level of social protection. Belarus made recommendations.

64. Benin appreciated the progress made by Zambia since its first report in 2008, referring to the Technical Committee to draft the new Constitution and the adoption of a policy to combat corruption. It called on the Zambian authorities to step up action in relation to promoting and protecting human rights in the country. It made recommendations.

65. With regard to issues relating to LGBT persons, the delegation stated that the Constitution-making process would give the people the opportunity to determine whether specific rights for LGBT persons should be enshrined in the Constitution. The Government was determined not to prescribe to the Zambian people those rights that the Constitution should contain, but to let them make such a determination.

66. On the issue of marital rape, the Government was not aware that a problem persisted in this regard. In any event, the Anti-Gender-Based Violence Act provided comprehensive provisions that criminalized all forms of violence against women. Issues of marital rape will rank within the definition of gender-based violence prescribed in the Act.

67. The delegation stated that the Public Order Act was in conformity with the provisions of the Constitution. The Act has justifiable restrictions which were permitted under article 21 of the International Covenant on Civil and Political Rights and have been affirmed in the Zambian courts. There were cases pending before the courts following admitted instances of possible excessive use of discretion by the police. The courts were more than capable of resolving these matters and the Government did not prescribe as to how they ought to be resolved.

68. Botswana commended progress made by Zambia in legislating on gender violence and human trafficking. It noted progress in health, especially in the fight against HIV/AIDS. It noted however that the Special Rapporteur on extreme poverty and human rights highlighted challenges regarding child registration. It asked Zambia if any steps were being taken to address this problem. It made a recommendation.

69. Brazil highlighted the improvements made by Zambia in the freedom of the press and its commitment to enhancing its people’s quality of life. It appreciated implementation of programmes aimed at youth and women in the education, health, agriculture and housing sectors. It welcomed the Government’s passing of the Anti-Gender-Based Violence Act. It made recommendations.

70. Burkina Faso noted with satisfaction progress made by Zambia in the fight against human trafficking. It encouraged Zambia to pursue the fight against gender violence, guaranteeing the rights of disabled persons and of children. It mentioned that Zambia was not yet a party to a number of international human rights instruments. It made a recommendation.

71. Burundi noted the Zambian Parliament’s adoption of the Anti-Gender-Based Violence Act and national directives on care for victims of gender violence. It noted the Government’s adoption of the Education Act ensuring free basic education for all and improvements in prison conditions through release measures and new infrastructure.

72. Canada asked Zambia to provide information on progress to date in addressing discriminatory practices emanating from customary laws, in follow-up to the commitment made by Zambia in 2008 to take measures to improve the situation of widows and girls, including through protection of their right to inheritance and prevention of early marriages. Canada welcomed the steps taken by Zambia to develop new legislation on freedom of the press and access to information. It made recommendations.

73. Cape Verde encouraged Zambia to ratify more international instruments, including the protocol on abolition of the death penalty, to ensure effective application of adopted laws and policies, to implement robust measures to counter prison overcrowding and to extend and secure children’s education and protection against forms of abuse.

74. Chad noted the adoption by Zambia of Anti-Gender-Based Violence, Anti-Human Trafficking and Education Acts. It commended the efforts made by Zambia to ensure public awareness of human rights by integrating relevant education into primary school programmes. It noted that Zambia is a party to the core international human rights instruments. It made a recommendation.

75. Chile noted the efforts made by Zambian authorities in their goal of effectively planning implementation of their people’s economic, social human rights. While

discriminatory practices and laws remain, Chile acknowledged better integration of gender- based issues into the country’s public policies. It made recommendations.

76. China commended the efforts made by Zambia in national institution building, in educational development, in providing low-cost housing and in the protection of the rights of persons with disabilities. It recalled that Zambia still faced major human rights challenges and called upon the international community to provide Zambia with technical assistance. It made a recommendation.

77. The Congo appreciated the implementation by Zambia of a framework providing means of preventing and combating corruption in a global, coordinated, sustainable manner and development of a national programme for enhancing its capacities in terms of good governance. It noted the measures taken by Zambia for treating and preventing HIV/AIDS, fighting poverty and the implementation of the right to education. It made recommendations.

78. Cuba acknowledged the Zambian Government’s commitment to promoting and protecting the human rights of its people. It congratulated Zambia on its efforts to achieve millennium development goals. It noted that Zambia is focusing on access to secondary and tertiary education and is stepping up efforts to improve education generally. It commended progress made in combating gender-based violence. It made a recommendation.

79. Cyprus acknowledged progress made by Zambia towards free basic education for all. It encouraged the Government to redouble its efforts in protecting women’s rights and

access to justice and in developing training programmes for relevant judicial, law enforcement and health service personnel. It noted the commitment of Zambia to fight against human trafficking and exploitation of children. It made a recommendation.

80. Egypt welcomed the recognition by Zambia of the negative impact of human trafficking on enjoyment of human rights and its enactment of the relevant Act. It also welcomed adoption of the Anti-Corruption Policy. Egypt believed in the efforts made by Zambia to enhance its capacities in the field of human rights. It made recommendations.

81. Ethiopia noted the Zambian Parliament’s enactment of anti-gender-based violence and human trafficking legislation and its Government’s initiative to enact legislation to protect the rights of persons with disabilities. It encouraged Zambia to continue its efforts to empower women and address robustly gender inequality in the country.

82. Finland commended the Zambian Government’s commitment to support the socio- economic empowerment of women and measures it has taken to promote gender equality and women’s rights. It remained concerned about full incorporation of the Convention on the Elimination of All Forms of Discrimination against Women into Zambian law, especially with respect to the current constitution. It made recommendations.

83. France inquired about the process of ratifying the optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and on the mechanisms for guaranteeing implementation of the Anti-Gender-Based Violence Act. It was concerned about Zambian press restrictions and requested information on the current adoption status of the Freedom to Information Bill. It made recommendations.

84. Germany welcomed the commitment by Zambia to fight corruption and enactment of anti-gender-based legislation. It encouraged a further increase in budget allocations for the most pressing human rights-related programmes. It considered that prison inmates must have access to safe drinking water, sanitation, adequate nutrition and medical services. It would welcome extension of the anti-discrimination commitment of Zambia with regard to sexual orientation.

85. Hungary noted the new Zambian draft constitution. It was concerned that violence against women and girls, including sexual violence, continues despite enactment of the Anti-Gender-Based Violence Act. It mentioned the high dropout rate for girls, in particular in rural areas, and the lack of separate detention facilities for children. It made recommendations.

86. Indonesia welcomed Zambian legislative measures, particularly the domestication of international human rights instruments on the rights of women, children and persons with disabilities. It appreciated the adoption of the country’s anti-corruption policy and encouraged it to step up implementation efforts to enable enhancement of good governance. It made recommendations.

87. Iraq appreciated the fight by Zambia against gender-based violence and its efforts to guarantee the rights of persons with disabilities. It also acknowledged the commitment by Zambia to implement the provisions of the Convention on the rights of children and to provide access to education for all. It made recommendations.

88. Ireland welcomed mainstreaming of gender by Zambia in its 6th National Development Plan, its Ministry of Gender and Child Development, its anti-gender-based violence legislation and appointment of women to high-level positions, despite fewer female parliamentarians. Ireland regretted the country’s non-completion of human rights instrument domestication. It made recommendations.

89. Italy recalled the concerns of the Committee against Torture about the lack of hygiene and adequate food in Zambian prisons. It recalled the concerns of the Committee on the Elimination of Discrimination against Women about customary law-based discriminatory practices. It asked Zambia to elaborate further on adoption of the Freedom of Information Bill. It made recommendations.

90. Japan hoped strongly that the Zambian draft constitution would comprehensively embrace human rights principles and commended it on enactment of the Anti-Gender Based Violence Act and initial work to implement a related national plan of action. It understood that Zambia had taken measures to improve conditions in detention facilities in accordance with accepted recommendations. It made recommendations.

91. Kenya noted the impressive effort made by Zambia in ratifying most international human rights instruments and the Government’s important collaboration with the Office of the United Nations High Commissioner for Human Rights as well as human right mechanisms and procedures. It called on the United Nations offices and agencies to help Zambia to overcome its challenges. It made recommendations.

92. Lesotho commended Zambia for its achievements in the socio-economic, civil and political spheres. It noted the Government’s measures to overcome corruption in a

comprehensive, inclusive and sustainable manner. It also noted the key priorities of Zambia

for promoting and protecting the rights of persons with disabilities to ensure their access to justice, education and employment, inter alia.

93. Malaysia was encouraged by the initiatives taken by Zambia in further empowering its citizens in the areas of health, education, agriculture, local government and housing. It expressed firm support in relation to the request by Zambia for capacity-building and technical assistance to further enhance effective enjoyment of human rights nationally. It made recommendations.

94. Mauritania commended the adoption by Zambia of the Law on combating Human Trafficking and the Education Act, and for taking legislative measures to domesticate the provisions of the Convention on the Elimination of all Forms of Discrimination against Women. It encouraged Zambia to step up its fight against HIV/AIDS and to pursue its action to improve prison conditions.

95. Mexico noted the ratification by Zambia of conventions on the rights of persons with disabilities and on protection against enforced disappearances. It welcomed measures taken to improve the education system and the increased budget for that sector. It trusted that actions undertaken to achieve equitable, accessible education at all levels would be strengthened. It made recommendations.

96. Morocco encouraged Zambia to pursue its efforts in education, health services, agriculture and housing, and in solving the prison overcrowding issue, strengthening good governance and fighting corruption. It wished to know the needs of Zambia for technical and financial assistance in promoting and protecting human rights. It made a recommendation.

97. Namibia commended the Zambian Government for its commitment to the promotion and protection of human rights. It noted the ratification of most core international human rights instruments and the enactment of robust national legislation, including Anti-Human Trafficking Act No. 11, and the establishment of the National action plan on gender-based violence. It made recommendations.

98. With regard to the national budget for health, the delegation acknowledged that Zambia has not reached the 15 per cent threshold but that there had been a significant increase in the budget over the years. In 2010, the national budget for health was 8.2 per cent; in 2011 it was 8.6 per cent; in 2012 it was 9.3 per cent and for 2013 it will be 11.3 per cent. These budgetary allocations corrected the perception that there was a decrease in the budgetary allocation for health in 2012.

99. With regard to inheritance rights, the delegation acknowledged that few problems existed but endeavoured to correct the perception that female children were deprived of their inheritance. The Intestate Succession Act guaranteed all children of persons who died intestate 50 per cent of the estate irrespective of their gender. Twenty per cent is guaranteed to the wife, with a further 20 per cent awarded to the parents and 10 per cent to other beneficiaries. This Act enshrined the right of female children and wives to inherit and was enforced in the local courts.

100. The delegation stated that all constitutional rights were enshrined in Part 3 of the Constitution and amending this text would necessitate a referendum in which a minimum of 50 per cent of all eligible voters must accede to such amendment. It was therefore impossible for Zambia to adopt a top-down approach with regard to these rights and it must accede to the wishes of its people as a matter of necessity.

101. The delegation thanked the Troika and all delegations for their constructive comments and recommendations.

II. Conclusions and/or recommendations**

102. The recommendations listed below enjoy the support of Zambia:

102.1. Put continue working on its capacity-building programme for good governance (Nicaragua);

102.2. Continue to enhance its cooperation with development partners in order to improve its financial and technical capacity to implement the anti-

trafficking law (Philippines);

102.3. Maintain its positive efforts in the current process of reviewing its national laws with a view to bringing them in line with its international human

rights obligations (Egypt);

102.4. Lobby for and implement access to information legislation to encourage greater transparency and government ability (United States of

America);

102.5. Take every measure to ensure the effective implementation of CAT, particularly in detention centres (France)

102.6. Increase its efforts to further strengthen the national mechanism for the advancement of women and to provide such mechanism with adequate

resources (Malaysia);

102.7. Facilitate the strengthening of cooperation and coordination among the various institutions and commissions with different mandates that will

enable effective and comprehensive implementation of the recommendations of

the UPR mechanism, treaty bodies and special procedures mandate holders

(Indonesia);

102.8. Provide sufficient funding for the National Human Rights Institution, enabling them to carry out its task as Human Rights watchdog (Norway);

102.9. Continue its efforts in improving coordination among national institutions involved in the implementation of human rights programmes and

recommendations of treaties bodies as well as those made by Human Rights

Council special procedures mandate holders (Angola);

102.10. Continue to consolidate the impressive gains that the country has thus far made in the promotion of Human Rights including in the sphere of

health and social services (Zimbabwe);

102.11. Take all necessary steps to honour its commitments under the Abuja Declaration (New Zealand);

102.12. Establish or strengthen independent public accountability mechanisms which contribute with the fight against corruption (Nicaragua);

102.13. Explore the possibility of utilizing human rights training and programmes, and other similar efforts to further mainstream the promotion of

the rights of women and children (Philippines);

102.14. Invest more on a workable programme that would ensure the smooth coordination and implementation of their own initiatives and the different

recommendations by treaty bodies (Swaziland);

** Conclusions and recommendations have not been edited.

102.15. Continue giving priorities to human rights education and awareness- raising in the Government’s plans, strategies and programmes, and to enhance

the participation of civil society and private sector, as appropriate, as a

complementary driving force in this regard (Thailand);

102.16. Strengthen its cooperation with the mechanisms of the United Nations system as well as the financial institutions in order to take up the

multiple challenges (Benin);

102.17. Continue its engagement with the United Nations Human Rights Office, as well as the human rights mechanisms and procedures for further

enhancement of meaningful benefit (Kenya);

102.18. Cooperate with the Special Rapporteurs visiting the country and take into account their views (Chad);

102.19. Extend an invitation to the special procedures (Iraq);

102.20. Undertake every effort to promote awareness of the rights of the child (France);

102.21. Enact measures concerning women’s and children’s rights, with the view to addressing the current problems in these fields (Romania);

102.22. Adopt plans and programmes to eliminate torture and other forms of inhumane treatment and such education should be provided to prison

authorities and wardens (Iraq);

102.23. Adopt additional measures, including legislative, to eliminate the practice of child labour exploitation and the use of corporal punishment for

children (Belarus);

102.24. Adopt and implement appropriate measures to address the sexual abuse and exploitation of children as well as child labour (Slovakia);

102.25. Prohibit corporal punishment of children in all settings (Slovenia);

102.26. Review its legislation to prohibit and sanction corporal punishments of children in all areas (Mexico);

102.27. Strengthen its efforts to combat violence against women, including by enacting and implementing necessary legislation and measures to ensure

proper investigation and prosecution of sexual violence, thereby promoting

access to remedy for victims (Japan);

102.28. Continue to enhance, with the cooperation of the relevant United Nations agencies, its efforts to eliminate gender-based violence (Singapore);

102.29. Ensure effective implementation of the Anti-Gender-Based Violence Act with particular focus on victims’ access to justice (Slovakia);

102.30. Take the necessary steps to ensure effective implementation of the Anti-Gender-Based Violence Act (Hungary);1

1 The recommendation as made during the interactive dialogue was as follows: “Take the necessary

steps to ensure effective implementation of the Anti-Gender Based Violence Act and provide statistical data regarding convictions for reported incidents of rape and defilement at its mid-term review (Hungary)”.

102.31. Establish the Anti-Gender-Based Violence Fund as provided for in the Act of 2011 (South Africa);

102.32. Implement CEDAW’s call to put in place a strategy to eliminate violence, harmful practices and stereotypes against women in line with the

Convention (Slovenia);

102.33. Address the continued high prevalence of violence against women and girls, including by strengthening training for the judiciary and law

enforcement personnel to enhance their capacity to respond effectively to cases

of violence against women and girls (Canada);

102.34. Adopt prevention measures against sexual abuses (Iraq);

102.35. Improve conditions in prisons and detention centres vis-à-vis their overcrowding, including inmates’ access to food and hygiene (Slovakia);

102.36. Keep on the current efforts to improve conditions of detention including limiting the overcrowdedness of prisons (Egypt);

102.37. Bring conditions in detention centres in line with international standards (Hungary);

102.38. Address prison overcrowding and separate children from adult prisoners (Iraq);

102.39. Step up its efforts to address overcrowding in correctional facilities and to improve sanitary conditions in these centres (Italy);

102.40. Pay attention to the rehabilitation of prisoners (Italy);

102.41. Continue to improve its treatment of prisoners in keeping with the United Nations Standard Minimum Rules for the Treatment of Prisoners

(Japan);

102.42. Seek the support of the relevant partners to pursue its efforts in its fight against trafficking in persons (Burkina Faso);

102.43. Ensure thorough and impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual

orientation or gender identity (Norway);

102.44. Ensure that the freedoms of assembly and expression are upheld and respect the 2003 Supreme Court ruling stating that these freedoms are

fundamental (United States of America);

102.45. Continue to create just and favourable conditions of work (Namibia);

102.46. Provide adapted solutions to the problems identified in the rural areas (Senegal);

102.47. Ensure progressive enjoyment of the right to health (Togo);

102.48. Continue to implement measures which allow all people to have access to health-care service (Cuba);

102.49. Carry on with ensuring the reduction of HIV prevalence in Zambia (Egypt);

102.50. Continue to increase its inputs into health and strengthen HIV/AIDS control so as to reduce the incidents of HIV/AIDS (China);

102.51. Continue with efforts to combat HIV/AIDS (Sri Lanka);

102.52. Pursue efforts to combat the HIV/AIDS pandemic, particularly by the implementation of a national strategic plan to fight against this pandemic

(Algeria);

102.53. Step up efforts in prevention and treatment of HIV/AIDS infections (Belarus);

102.54. Continue its programmes and interventions to reduce the HIV/AIDS infections among its people with the support of the World Health Organization

(WHO) and other international organizations (Singapore);

102.55. Continue strengthening measures to address and lessen the HIV/AIDS impact on women and children, in particular the mother-to-child-

transmission (Thailand);

102.56. Take more steps in the fight against HIV/AIDS by carrying out sensitization programmes and also learning from the best practices available in

this area (Uganda);

102.57. Allocate specific funding within its health budget for child, maternal and reproductive health (New Zealand);

102.58. Increase its national budget in the areas of health to ensure that its health facilities meet the Ministry of Health’s guidelines and requirements with

regard to equipment and services (Malaysia);

102.59. Allocate adequate resources for the health sector as well as to ensure free access to health facilities to the needy (Namibia);

102.60. Remedy the lack of human resources in the area of health, the lack of medication and the lack of infrastructures (Congo);

102.61. Strengthen its efforts to reduce maternal mortality rates (New Zealand);

102.62. Pursue its efforts in the area of health and education (Senegal);

102.63. Improve school infrastructure in rural areas (Togo);

102.64. Continue efforts to ensure that human rights education is effectively included into the primary and secondary education curriculum (Paraguay);

102.65. Strengthen efforts to broaden access to education, in general, and to secondary and higher education in particular (Algeria);

102.66. Provide for adequate and consistent funding to all schools and learning institutions and ensure accountability and transparency in such

funding (Hungary);

102.67. Ensure that funding in the education sector is consistent and reaches children with special needs, as well as schools in rural areas (Mexico);

102.68. Strengthen the governance of natural resources to ensure, amongst others, their sustainable utilization (Namibia);

102.69. Adopt comprehensive measures to combat trafficking in human beings; organize a visit of the Special Rapporteur on trafficking in persons as

well as of the Special Rapporteur on the sale of children, child prostitution and

child pornography to the country (Belarus);

102.70. Increase the capacity building and technical assistance to enable the country to implement its national priorities including the National Strategic

Plan in the sphere of education (Zimbabwe);

103. The recommendations listed below will be further examined by Zambia and responses will be provided in due time, but no later than the twenty-second

session of the Human Rights Council in March 2013. These responses will be

included in the outcome report adopted by the Human Rights Council at its

twenty-second session in March 2013;

103.1. Consider the ratification of the following international instruments: the Second Optional Protocol to the International Covenant on Civil and

Political Rights, aiming at the abolition of the death penalty (ICCPR-OP2); the

Optional Protocol to the Convention on Economic, Social and Cultural Rights;

and the Optional Protocol to the Convention on the Elimination of All Forms of

Discrimination against Women (Rwanda);

103.2. Ratify all main international human rights treaties, especially ICCPR-OP2, Optional Protocol to the Convention against Torture and other

Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT), the

Optional Protocols to the Convention on the Rights of the Child, on the

involvement of children in armed conflict (OP-CRC-AC) and on the sale of

children, child prostitution and child pornography (OP-CRC-SC), and

incorporate these treaties fully in the national legislation (Slovenia);

103.3. Consider an early ratification of the third Optional protocol to the Convention on the Rights of the Child on a communications procedure (OPIC)

(Slovakia);

103.4. Ratify OP-CAT; ICCPR-OP2; the Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women

(OP-CEDAW); the Optional Protocol to the Convention on the Rights of

Persons with Disabilities (OP-CERD); OP-CRC-AC and OP-CRC-SC (Spain);

103.5. Ratify OP-CEDAW (Togo);

103.6. Ratify the remaining international human rights instruments and implement them and follow up on them (Benin);

103.7. Consider ratifying OP-CEDAW (Brazil);

103.8. Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Indonesia);

103.9. Consider acceding to ICCPR-OP2 (Italy);

103.10. Consider ratifying the remaining instruments in a progressive manner and have them effectively incorporated in the national legislation for

effective implementation (Kenya);

103.11. Step up its efforts towards the full implementation of the Anti- Human Trafficking Act of 2008, and consider ratifying OP-CRC-AC and OP-

CRC-SC (Cyprus);

103.12. Enshrine the principle of equality and non-discrimination in the Constitution without qualifications by avoiding any discriminatory clauses as

the draft is finalized (Ireland);

103.13. Guarantee, within the framework of the Constitutional reform, both individual and collective rights, under the principles of equality, taking into

account its international human rights obligations (Nicaragua);

103.14. Hold a transparent and inclusive Constitutional reform process and referendum by ensuring that consultative bodies, such as National and Sector

Group Convention, are composed of a representative balance of civil society

and government stakeholders (United States of America);

103.15. Ensure that the provisions of CEDAW are reflected in the new draft constitution by, inter alia, retaining the removal of article 23 (Finland);

103.16. Remove from the final version of the new Constitution all references to traditions or customary law in the field of family and private law which may

be conducive to violations of human rights (Italy);

103.17. Enact and amend legislation to ensure that the prohibition against discrimination is in line with CEDAW, especially with article 1 concerning

direct and indirect discrimination in general, and article 16 relating to

marriage and family relations (Finland);

103.18. Complete the process of full alignment of its national legislation with all obligations under the Rome Statute of the International Criminal Court and

accede to the Agreement on Privileges and Immunities of the Court (Slovakia);

103.19. Harmonize traditional and legal regulations regarding the protection of women as well as the elimination of all exceptions based in traditional

practices, to the principle of non-discrimination of article 23 of the Constitution

(Spain);

103.20. Eliminate criminalization of homosexual relations as well as the elimination of all discriminatory practice towards LGBT persons (Spain);

103.21. Decriminalize same-sex relationships between consenting adults and strengthen efforts to address inequality and discrimination based on sexual

orientation (Australia);

103.22. Repeal laws that criminalize a person’s sexuality (Canada);

103.23. Repeal the law criminalizing same-sex relations among consenting adults (France);

103.24. Review and repeal domestic law which criminalizes sexual orientation (Uruguay);

103.25. Harmonize in the criminal code and in the consuetudinary law the definition of a minor with the Convention on the Rights of the Child (CRC)

(Spain);

103.26. Establish a definition of the child in accordance with article 1 and other principles and provisions of CRC; increase the legal age of majority of

criminal responsibility; review legislation in force and customary law which

establish different minimum ages in different sectors and which may not be in

accordance with the relevant provisions of CRC (Uruguay);

103.27. Adopt measures to guarantee that statutory law prevails in case of conflict with customary practices, especially in family relations; implement

awareness campaigns to better inform persons regarding the rights enshrined

in CEDAW; provide training for customary and traditional courts

administrators regarding CEDAW as well as statutory law which promotes and

guarantees the rights of women and girls, including with respect to marriage

and family relations (Uruguay);

103.28. Undertake efforts to ensure that the new draft constitution covers the equality of women condition (Chile);

103.29. Incorporate CEDAW into the national legislation in order that its provisions could be invoked before the courts (Chile);

103.30. Evaluate the possibility to incorporate the principle of non- refoulement into the refugees law (Argentina);

103.31. Provide a mid-term update on the implementation of the recommendations of this UPR (Hungary);

103.32. Extend an invitation to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; the Special Rapporteur

on the independence of judges and lawyers; and the Special Rapporteur on the

right of everyone to the enjoyment of the highest attainable standard of

physical and mental health (Belarus);

103.33. Remedy the lack of coordination between the main human rights institutions (Congo);

103.34. Apply special temporary measures in all areas where women are underrepresented or under unfavourable conditions (Chile);

103.35. Study the possibility of strengthening measures to eliminate all discriminatory treatment based on sexual orientation and gender identity

(Argentina);

103.36. Take the necessary measures to eliminate all discriminatory treatment towards persons with disabilities including the ratification of OP-

CERD (Argentina);

103.37. Abolish the death penalty (Burundi, Namibia and Togo);

103.38. Take steps to abolish the death penalty (New Zealand);

103.39. Abolish the death penalty in the new Constitution and pending the abolition of the death penalty, establish an official moratorium on the use of the

death penalty (Slovenia);

103.40. Abolish definitely the death penalty as a culmination to the de facto moratorium which has been in place since 1997 (Spain);

103.41. Restrict the application and to consider the possibility of abolition of the death penalty (Ukraine);

103.42. Legislate to remove the death penalty from its statute and commute to custodial sentences those death sentences that have already been handed

down (United Kingdom of Great Britain and Northern Ireland);

103.43. Consider revising its legislation with a view to eliminating the death penalty (Brazil);

103.44. Consider the possibility to establish a de jure moratorium with a view to abolishing the death penalty (Italy);

103.45. Abolish the death penalty and accede to ICCPR-OP2 (Australia);

103.46. Abolish the death penalty in law and consider ratifying ICCPR-OP2 (France);

103.47. Adopt concrete measures to address violence against women, including by criminalizing marital rape and increasing public awareness of the

problem, with a particular focus on religious and community leaders (Norway);

103.48. Recognize marital rape as a criminal offence (Canada);

103.49. Provide statistical data regarding convictions for reported incidents of rape and defilement at its mid-term review (Hungary);2

103.50. Provide an update at its mid-term review on the number of detention centres in the country containing separate facilities for juvenile offenders

(Hungary)3;

103.51. Repeal any law limiting the right to free expression in the media (Iraq);

103.52. Take the necessary steps to ensure that its legal system and policies are in full compliance with its international obligations in respect of freedom of

expression and that the media and journalists are guaranteed the necessary

freedoms to carry out their work independently and without fear of prosecution

(Ireland);

103.53. Make the necessary legislative changes, including restricting the scope of the Public Order Act, to ensure the fullest possible freedoms of

association and expression; and to ensure the police enforce these and other

laws in a proportionate manner, including in Western Province (United

Kingdom of Great Britain and Northern Ireland);

103.54. Adopt the necessary measures to guarantee easy and effective access to free birth registration (Mexico);

104. The recommendations below did not enjoy the support of Zambia

104.1. Follow up on the recommendations by its National Aids Council, and include men having sex with other men in its HIV/AIDS policies (Netherlands);

105. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

2 The Recommendation as made during the interactive dialogue was as follows: “Take the necessary

steps to ensure effective implementation of the Anti-Gender Based Violence Act and provide statistical data regarding convictions for reported incidents of rape and defilement at its mid-term review (Hungary).

3 The Recommendation as made during the interactive dialogue was as follows: “Bring conditions in detention centres in line with international standards and provide an update at its mid-term review on the number of detention centres in the country containing separate facilities for juvenile offenders (Hungary)”.

Annex

[English only]

Composition of the delegation

The delegation of Zambia was headed by His Excellency Mr. Musa Mwenye, SC Solicitor General, Ministry of Justice, and composed of the following members:

• H.E. Ambassador E. Sinjela, Ambassador & Permanent Representative, Zambia Permanent Mission, Geneva;

• Mrs. Catherine Lishomwa, Deputy Permanent Representative, Zambia Mission, Geneva;

• Mrs. Annette C. Nhekairo, Director, Zambia Law Development Commission;

• Mr. Samson Lungo, First Secretary (Political), Zambia Permanent Mission, Geneva;

• Mr. Conrad Sichande, Acting Counsel, Ministry of Justice;

• Mrs. Sambwa Simbyakula Chilembo, State Advocate, Ministry of Justice;

• Mrs. Weka Namposya Banda, Senior Planner, Ministry of Community Development Mother and Child Health;

• Mr. Monford Chishimba, Legal Officer, Zambian Prisons Service;

• Mr. Katele M. Kalumba, Legal Advisor, Office of the Commissioner for Refugees.