37/14 Report of the Working Group on the Universal Periodic Review - Zambia

GE.18-00322(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Zambia

* The annex is being issued without formal editing, in the language of submission only.

United Nations A/HRC/37/14

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-eighth session from 6 to 17

November 2017. The review of Zambia was held at the 12th meeting, on 13 November

2017. The delegation of Zambia was headed by the Minister of Justice, Given Lubinda. At

its 17th meeting, held on 16 November 2017, the Working Group adopted the report on

Zambia.

2. On 13 February 2017, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Zambia: China, Kenya and Switzerland.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, 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.6/28/ZMB/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/28/ZMB/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/28/ZMB/3).

4. A list of questions prepared in advance by Brazil, Germany, Liechtenstein, Norway,

Portugal, Slovenia, Sweden, the United Kingdom of Great Britain and Northern Ireland and

the United States of America was transmitted to Zambia through the troika. These questions

are available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation of Zambia stated that Zambia upheld the principles of the universal

periodic review mechanism and did not spare any effort in promoting and protecting human

rights through its response to the recommendations resulting from the review.

6. The Constitutional review process had been finalized and the amended Constitution

enacted on 2 January 2016. The Constitution now enhanced the mandate of the Human

Rights Commission which, together with the Law Development Commission, was working

with the Government to review the draft Human Rights Commission Act for possible

enactment in 2018. The Government would take all possible measures to maintain the

Commission’s A status.

7. The Constitution provided for the establishment of key institutions that effectively

facilitated the country’s compliance with its obligations arising from human rights

instruments. They included the Constitutional Court, the Court of Appeal, the Family

Court, the Police Public Complaints Commission, the Judicial Complaints Commission and

the Gender Equity and Equality Commission.

8. The amendment to the Bill of Rights that had been subjected to a referendum had

not passed, as it had not reached the required threshold prescribed in the Constitution. The

remaining challenges that were inhibiting the fulfilment of human rights in Zambia would

be addressed through the Seventh National Development Plan (2017–2021).

9. The Social Cash Transfer Programme targeted extremely poor and destitute

households. With the budgetary commitments that had been made, the Programme was

expected to target 700,000 households in 2018.

10. The Home Grown School Feeding Programme was currently supporting 1,052,760

learners in 38 districts and preparations had been made to extend it to 1,500,000 learners in

55 districts in January 2018.

11. With regard to the implementation of supported recommendations from the second

review, Zambia had amended the Constitution and enacted the Persons with Disabilities Act

No. 6 of 2012, the Higher Education Act No. 4 of 2013, the Gender Equity and Equality

Act No. 22 of 2015, the Public Protector Act No. 15 of 2016, the Passports Act No. 28 of

2016 and the Refugees Act No. 1 of 2017. It had also enacted the Ratification of

International Agreements Act No. 34 of 2016, which provided for the ratification and

domestication of international agreements.

12. Zambia had put in place appropriate legal, administrative and policy measures for

the advancement of women, such as the inclusion of progressive clauses in the Constitution

and the enactment of enabling legislation that had domesticated the Convention on the

Elimination of All Forms of Discrimination against Women and relevant regional

instruments. In addition, the National Gender Policy had been adopted and gender focal

points had been introduced in all ministries, provinces and spending agencies.

13. Since the previous review, measures had been put in place to strengthen public

accountability and combat corruption, including by reinstating the offence of abuse of

office in the Anti-Corruption Act No. 3 of 2012, setting up integrity committees within

public institutions, initiating the decentralization of the Office of the Public Protector, and

strengthening the Public Accounts Committee of the National Assembly. The National

Prosecution Authority had been decentralized, which had rendered the prosecution process

more efficient. Moreover, ethics, governance and human rights education had been

incorporated into the school curriculum.

14. All allegations of attacks against individuals because of their sexual orientation or

gender identity were investigated without discrimination.

15. Despite having retained the death penalty on its statue books, Zambia was a de facto

abolitionist State.

16. Torture was prohibited under the Constitution. An anti-torture bill and a correctional

services bill that addressed torture in correctional facilities were before the National

Assembly.

17. During the period under review, a total of four correctional facilities with capacity

for over 1,050 inmates had been built. Furthermore, two additional correctional facilities

each with a capacity of 2,000 inmates were currently under construction. Efforts were also

being made to renovate existing correctional facilities. Regular inspections were carried out

to monitor inmates’ access to food and the Correctional Services now employed staff who

specialized in environmental health and nutrition. The penal system had been transformed

from punitive to correctional.

18. The Anti-Human Trafficking Act of 2008 was being implemented through, inter

alia, the National Policy to Combat Human Trafficking. Zambia had an outstanding

relationship with the United Nations system on the implementation of that legislation.

19. Measures had been put in place to increase the coverage of birth registration,

including by decentralizing the birth registration services and holding nationwide

awareness-raising campaigns.

20. In order to promote employment and uphold workers’ rights, policies such as the

National Employment and Labour Market Policy and the Zambia Decent Work Country

Programme (2013–2016) had been reviewed and reformulated. In addition, the legislative

framework on the protection of workers’ and employers’ rights had been strengthened

through the amendment of the Employment Act and the Minimum Wages and Conditions

of Employment Act.

21. HIV/AIDS was being combated through efforts that included revising the National

HIV and AIDS Strategic Framework 2014–2016, launching a campaign for routine HIV

testing, and introducing counselling and treatment in all public health institutions in

response to the Government’s aim to eliminate HIV/AIDS from Zambia by 2030. The

National Health Strategic Plan 2017–2021, which outlined strategies to combat various

diseases, also included strategies to combat HIV/AIDS.

22. As for the lack of human resources in the health sector, a significant number of

additional staff had been recruited in 2015 and 2016. The newly established Copperbelt

University School of Medicine would be producing 250 doctors and 50 dentists on an

annual basis.

23. In relation to education, during the period under review, Zambia had twice

endeavoured to honour the Dakar Framework for Action on Education for All with regard

to its budgetary allocation to the education sector.

24. In the case of conflict between statutory law and customary law, the Constitution

provided that it took precedence and that any law, including customary law and customary

practice, that was inconsistent with its provisions was void to the extent of its

inconsistency. Local court justices had been trained to uphold the supremacy of the

Constitution over customs and customary law.

25. In relation to the representation of women in decision-making, the Constitution set

out an affirmative framework for positions to which people were elected and appointed. In

addition, the Gender Equality and Equity Act No. 22 of 2015 empowered the Minister

responsible for gender affairs to put in place affirmative action to eliminate any barriers that

prevented women from meaningful participation in all spheres.

26. There was improved awareness among victims of rape and defilement, which had

resulted in more cases being reported and determined by the courts. The rape of a spouse

was not excluded from prosecution. Among other initiatives for victims of gender-based

violence, there were three shelters and a one-stop centre that provided comprehensive

services.

27. The Anti-Human Trafficking Act, the National Child Labour Policy and the

National Child Policy had been put in place to protect children from economic exploitation,

including child labour. In addition, Statutory Instrument No. 121 of 2013 prohibited the

employment of young persons in any type of hazardous labour.

28. A number of detention centres now contained separate facilities for juvenile

offenders. There were also two reformatory schools for incarcerated juveniles.

29. The Persons with Disabilities Act No. 6 of 2012, through which the provisions of the

Convention on the Rights of Persons with Disabilities had been incorporated into domestic

legislation, promoted respect for the inherent dignity of persons with disabilities and

ensured that they enjoyed human rights and freedoms on an equal footing with others.

Progress had been made to enact the Mental Health Bill, which would repeal the Mental

Disorders Act in order to promote progressive assistance and reasonable accommodation

for persons with cognitive disabilities.

30. The principle of non-refoulement had been incorporated into the domestic legal

framework through the enactment of the Refugees Act No. 1 of 2017.

31. Due to competing national needs, the 15 per cent budgetary allocation to the health

sector, pursuant to the Abuja Declaration on HIV/AIDS, Tuberculosis and Other Related

Infectious Diseases, had not been reached. Furthermore, the Human Rights Commission

had been insufficiently funded.

32. There were no constraints in law or in practice to the acceptance of visits by the

Human Rights Council special procedure mandate holders.

33. Zambia had not yet revised the legal age of criminal responsibility. The Rome

Statute of the International Criminal Court had been ratified, but had not yet been

incorporated into domestic law. Zambia was committed to ratifying the Kampala

Amendments to the Rome Statute on the crime of aggression.

34. A midterm report on the implementation of review recommendations would be

drawn up under the Seventh National Development Plan and would also include

information on the implementation of recommendations from treaty bodies.

35. Zambia was committed to developing a national action plan to strengthen the

protection of human rights in business. An assessment of the domestication of the Guiding

Principles on Business and Human Rights was being conducted.

36. In October 2016, the Commission of Inquiry on Voting Patterns and Electoral

Violence had been appointed to ascertain the causes of political violence.

37. Financing challenges had restricted access to sexual and reproductive health and

services. The Government was in the process of drafting a health-care financing strategy to

address resource mobilization and budget allocations for sexual and reproductive health and

services.

38. Maternal mortality remained high and Zambia had been unable to achieve the

relevant target of the Millennium Development Goals by the end of 2015.

39. In relation to the voluntary pledges that had been made at the previous review, a

national strategy had been developed to reduce child marriage by 40 per cent by 2021 and

the Freedom of Information Bill had been prepared. The Government was in the process of

consulting stakeholders on amending the Public Order Act to accommodate interest groups.

40. Support from the international community was required in order to establish an

interministerial and stakeholder universal periodic review coordination mechanism, combat

maternal mortality and decentralize the Human Rights Commission and the Office of the

Public Protector. The Human Rights Commission required support with mainstreaming the

Guiding Principles on Business and Human Rights into its work.

B. Interactive dialogue and responses by the State under review

41. During the interactive dialogue, 78 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

42. The Bolivarian Republic of Venezuela highlighted the efforts of Zambia to align its

national laws with international human rights obligations. It commended Zambia for the

various awareness-raising campaigns it had launched to promote human rights.

43. Yemen noted the progress made by Zambia to promote the rights of women and

children, and to combat human trafficking and include human rights education in schools

and in the community.

44. Zimbabwe praised Zambia for the adoption of the Seventh National Development

Plan, the Persons with Disabilities Act, the Higher Education Act, the Gender Equity and

Equality Act and the Public Protector Act. It noted that human rights had been included in

the school curriculum and in training modules for defence and security personnel.

45. Algeria welcomed the integration of a number of international norms in the domestic

legal framework regarding persons with disabilities, gender issues and refugee rights. It

praised the measures that had been taken to combat corruption, develop a national judicial

system, improve the rights of women and children, combat human trafficking and protect

the environment.

46. Angola commended Zambia for its adoption of the Constitution of Zambia

(Amendment) Act, 2016 and its engagement with human rights mechanisms on the

promotion and protection of human rights. Angola encouraged Zambia to continue to

implement measures to improve the social conditions of its people.

47. Argentina welcomed the delegation of Zambia and thanked its members for their

detailed presentation of the national report.

48. Armenia commended Zambia for the establishment of the Ministry of Gender and

the formulation of the National Gender Policy. It encouraged Zambia to facilitate birth

registration, especially in rural areas, and to ensure effective investigation into cases of sale,

trafficking and abduction of children and to prosecute the perpetrators.

49. Australia encouraged the Government to engage in constructive dialogue with all

political parties, and welcomed the release from prison of the opposition leader Hakainde

Hichilema. It encouraged all parties to work together to entrench respect for democracy and

human rights.

50. Azerbaijan recognized the strong commitment of Zambia to the universal periodic

review and to the protection and promotion of human rights. It noted that the National

Development Plan 2017–2021 contained ambitious goals relating to economic development

and human rights.

51. Benin congratulated Zambia on its efforts to implement the recommendations made

during its previous universal periodic review. It praised the initiatives taken in relation to

development and education for young children.

52. Botswana welcomed the enactment of the Gender Equity and Equality Act and the

ratification of the Southern African Development Community Protocol on Gender and

Development. It recognized the persistent challenges, particularly in relation to child

marriage, child labour, protracted pretrial detention, the high infant mortality rate and high

levels of poverty.

53. Brazil commended Zambia for the revised National HIV and AIDS Strategic

Framework, the national campaign for routine HIV testing, counselling and treatment, the

Gender Equity and Equality Act and the Persons with Disabilities Act.

54. Burkina Faso praised Zambia for its national report, which provided detailed

information about the progress made on human rights over the past five years. It noted,

however, that there were shortcomings in a number of areas.

55. Burundi highlighted the creation of human rights educational programmes for

primary and secondary schools and training programmes on human rights for defence and

security personnel. It praised the positive measures that were being taken to combat gender-

based violence.

56. Canada commended Zambia for its national and international commitment to ending

child, early and forced marriage.

57. Chad noted with appreciation the progress made by Zambia to respond to the

recommendations from the second review cycle. It praised the inclusion of civil society and

independent organizations in the consultative process to prepare the national report. Chad

welcomed the various steps taken to strengthen the promotion and protection of human

rights.

58. Chile congratulated Zambia for the adoption of Act No. 22 of 2015, establishing the

Commission on Gender Equality and Equity and incorporating the provisions of the

Convention on the Elimination of All Forms of Discrimination against Women. It also

praised the progress made in the area of public health, particularly in the fight against

HIV/AIDS.

59. China noted the laws and national plans adopted by Zambia to promote and protect

human rights. It referred to the progress made in the areas of gender equality, education,

health care, the rights of women, children and persons with disabilities, and combating

sexual violence and human trafficking.

60. The Congo encouraged Zambia to implement its legislative reforms to effectively

combat trafficking and commercial sexual exploitation of children, improve protection of

persons with albinism, and prevent and punish all forms of discrimination against persons

with disabilities.

61. Côte d’Ivoire commended Zambia for the reform of its legal and institutional

framework with the aim of aligning it with its international obligations and welcomed the

steps it had taken to become a party to a number of international human rights instruments.

62. Cuba commended Zambia for its progress in the promotion and protection of human

rights, including the establishment of the National Gender Policy. It also acknowledged the

efforts of Zambia to improve the level of education in urban and rural areas.

63. Denmark commended Zambia for signing the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, but

noted that Zambia had not yet ratified it.

64. Djibouti welcomed the inclusive process implemented by Zambia to prepare its

national report. It also commended Zambia for the progresses achieved in incorporating

several international human rights instruments into its national legal framework.

65. Egypt valued the efforts of Zambia to promote and protect human rights and to

implement the recommendations received during its previous universal periodic review. It

commended Zambia for undertaking several legislative and policy initiatives and for its

cooperation with the Human Rights Council and its mechanisms.

66. Ethiopia commended Zambia for implementing the recommendations it had

accepted during the previous review cycles and noted with appreciation the efforts to

enhance its Constitutional and legislative framework, in particular by adopting

comprehensive legislation aimed at effective and sustainable environmental management.

67. Finland noted the commitment of Zambia to supporting women’s socioeconomic

empowerment and the measures it had taken to promote gender equality. It commended

Zambia for the launch of the Seventh National Development Plan, which included

commitments in the areas of human rights and the rule of law.

68. France welcomed the positive developments in Zambia, notably the inclusion of

human rights and the rule of law in the Seventh National Development Plan and the

revision of the normative framework on prisons and on political parties.

69. Georgia welcomed the new Constitution of Zambia and its provision on non-

discrimination. It encouraged the Government to accelerate efforts to prevent gender-based

violence and sexual abuse.

70. Germany commended Zambia for its cooperation with international human rights

mechanisms. It also highly appreciated the commitment of Zambia to alleviating the

refugee crisis on the border with the Democratic Republic of the Congo and praised the

announced approval of a moratorium on the use of death penalty.

71. Ghana noted with satisfaction the harmonization of Zambian domestic laws with the

country’s international human rights obligations. It also welcomed the formulation of the

National Gender Policy and the strengthening of the national mechanism for the

advancement of women.

72. Guatemala noted the positive work of the National Human Rights Commission, but

was concerned at reported restrictions on the rights to freedom of expression and peaceful

assembly, including under the law against defamation and the law on public order.

73. Honduras acknowledged the progresses made in terms of legislative and

constitutional reform in Zambia. It noted that, despite the fact that the death penalty had

been maintained under the new Constitution, Zambia had not carried out any executions

over the past 20 years.

74. India commended Zambia for having harmonized its legislative framework with

international instruments in the area of gender equality and the rights of persons with

disabilities. It also noted the efforts Zambia had made to improve access to integrated

health-care services.

75. Indonesia welcomed the formulation of the Seventh National Development Plan

(2017–2021) on strategies to strengthen the promotion and protection of human rights. It

commended Zambia for establishing the Gender Equity and Equality Commission and

enacting the Gender Equity and Equality Act No. 22 of 2015.

76. Iraq welcomed the efforts of Zambia to implement constitutional and legislative

amendments aimed at promoting human rights protection in the country and to improve the

justice service. It commended Zambia for its successful economic policies.

77. Ireland welcomed the efforts of Zambia to advance human rights in the country and

acknowledged the progresses it had made. It was, however, concerned about the negative

developments regarding the rights to freedom of assembly and expression.

78. Italy welcomed the progress made in aligning domestic legislation with international

human rights obligations, especially those relating to persons with disabilities, education,

gender equity and equality. It commended Zambia for implementing initiatives to raise HIV

awareness, especially among young people.

79. Kenya commended Zambia for its efforts to implement relevant human rights-

related legal and administrative measures, despite resource constraints. It called on the

international community to support Zambia in that endeavour.

80. Libya welcomed the measures taken to strengthen human rights, the rule of law and

national mechanisms for the promotion and protection of women’s rights. It noted

initiatives for improving infrastructure, especially in health and education.

81. Lithuania welcomed the new constitutional provisions on non-discrimination and

looked forward to their implementation. It noted that the use of criminal defamation laws

and harassment of the independent media restricted freedom of expression.

82. Madagascar welcomed the positive steps taken by Zambia, including its

commitment to protect victims of human trafficking, to ensure the right to education and to

integrate into domestic legislation the Convention on the Rights of Persons with

Disabilities.

83. Malaysia welcomed the progress in education, health and women’s and children’s

rights. It commended Zambia for its efforts to address gender-based violence through the

Anti-Gender-Based Violence Act and the establishment of a one-stop centre for victims.

84. Maldives commended Zambia for the enactment of the Gender Equity and Equality

Act No. 22 and the establishment of the Gender Equity and Equality Commission. It

welcomed the establishment of the National Prosecution Authority and the implementation

of the Anti-Gender-Based Violence Act.

85. Mauritius welcomed the pledges that had been made under the Seventh National

Development Plan (2017–2021), including the focus on the environment. It was encouraged

by the efforts of Zambia to improve the rights of women through the Gender Equity and

Equality Commission and the Anti-Gender-Based Violence Fund.

86. Mexico welcomed the fact that Zambia received migrants from neighbouring

countries and encouraged it to continue fulfilling its international human rights obligations.

Mexico congratulated it for increasing access to primary education and health care, for

raising life expectancy and for reducing child mortality.

87. Mongolia welcomed Zambia and thanked it for presenting its national report.

88. Montenegro regretted that the Bill of Rights had not been adopted, but commended

Zambia for preparing an anti-torture bill. Montenegro welcomed the progress made in

preventing gender-based violence.

89. Morocco welcomed the Constitutional consecration of the prohibition of torture and

the drafting of a law against torture. It congratulated Zambia on implementing measures to

combat discrimination and violence against women and girls.

90. Namibia noted the establishment of the Gender Equity and Equality Commission

and the domestication of the Convention on the Elimination of All Forms of Discrimination

against Women. However, it regretted that the amendments to the Bill of Rights had not

been adopted through the referendum and that the death penalty had been retained in the

Constitution.

91. The Netherlands commended Zambia for the adoption of the National HIV and

AIDS Strategic Framework (2017–2020), but regretted that the country had not accepted

any of the recommendations made during previous review cycles relating to same-sex

relations and protection of the rights of lesbian, gay, bisexual, transgender and intersex

persons.

92. Nigeria welcomed the formulation of the National Child Policy, the National Gender

Policy and the Freedom of Information Bill. It also welcomed the legislative measures and

plans that Zambia had put in place to protect children from economic exploitation,

including child labour.

93. Norway welcomed the domestication of the Convention on the Elimination of All

Forms of Discrimination against Women. However, Norway was concerned about the

deterioration in the enjoyment of the rights to freedom of assembly and expression, about

the rights of the child and about follow-up to the recommendations from the previous

reviews.

94. Pakistan appreciated the efforts made regarding gender equity and equality, persons

with disabilities, education and refugees. The efforts of Zambia to ensure equal access for

the poor and the vulnerable to economic resources, basic services, natural resources and

financial services were commendable.

95. Paraguay welcomed the progress noted by the United Nations Educational,

Scientific and Cultural Organization in terms of developments in national legislation in the

education sector.

96. The Philippines commended the steps taken to uphold the promotion and protection

of human rights and the efforts to empower girls and women through the Girls Education

and Women’s Empowerment and Livelihood Project.

97. Portugal welcomed the audit and review of all child-related legislation and

customary law by the Zambia Law Development Commission.

98. The Republic of Korea commended Zambia for the enactment of the amended

Constitutional Act 2016, and for providing protection for vulnerable groups, particularly

children and persons with disabilities. It welcomed the establishment of the Commission of

Inquiry on Voting Patterns and Electoral Violence.

99. The Russian Federation noted efforts to eliminate violence against women and

children and to fight discrimination against persons with disabilities. It welcomed the draft

law on criminal responsibility for the use of torture by law enforcement personnel.

100. Rwanda praised Zambia for its efforts to fight sexual and gender-based violence, and

encouraged it to strengthen implementation of its legislation on gender-based violence and

to ensure justice for victims.

101. Senegal welcomed the adoption of the amended Constitution and other legislative

measures, which contributed to the elimination of discrimination and gender-based violence

and the promotion of the right to health and education. It urged the international community

to assist Zambia.

102. Sierra Leone applauded Zambia for the implementation of the Seventh National

Development Plan, the enactment of the Gender Equity and Equality Act and its efforts to

address trafficking. It encouraged Zambia to increase the representation of women in

decision-making positions and to adopt comprehensive nutrition policies.

103. Slovakia welcomed the review of child-related legislation and customary law, and

expressed concern at the high rates of child labour and child and early marriage.

104. Slovenia commended Zambia for introducing policies on education and women’s

empowerment. It noted with concern the high rates of child mortality, child marriage,

prostitution and exploitation, and the prevalence of HIV/AIDS among children. Slovenia

encouraged Zambia to abolish the death penalty.

105. South Africa welcomed the broad consultations that had been held to prepare the

national report for the universal periodic review, and the establishment of the Ministry of

Gender, the gender focal points in ministries and the development of the National Gender

Policy.

106. Spain appreciated the efforts of Zambia to promote and protect human rights, but

noted that there was room for improvement.

107. The State of Palestine praised Zambia for its efforts with regard to childhood

development and education and the progress it had made with the Social Cash Transfer

Programme. The undernourishment of children and women, particularly pregnant and

breastfeeding women, was of concern.

108. The Sudan commended Zambia for the steps it had taken to promote and protect

human rights, particularly the enactment of many laws, such as the Persons with

Disabilities Act of 2012, the Higher Education Act of 2013 and the Gender Equity and

Equality Act of 2015.

109. Sweden acknowledged the continued work of the Government of Zambia to fulfil its

obligations with regard to human rights, and encouraged it to make further efforts.

110. Switzerland welcomed the efforts made in the area of education. However, it

recalled that the Committee on the Rights of the Child had expressed concern about the fact

that the principle of non-discrimination was not properly applied to children belonging to

the most vulnerable groups in Zambia.

111. Timor-Leste welcomed the efforts made by Zambia to address conditions in its

prison and detention centres, including by building new correctional centres. It noted with

appreciation the efforts made to promote women’s empowerment.

112. Togo welcomed the policies to facilitate access to health care and to increase access

to quality education. Togo welcomed the steps that had been taken to improve the

functioning of the labour market, with particular emphasis on the elimination of the worst

forms of child labour.

113. Tunisia welcomed the amendments to the Constitution concerning the prohibition of

discrimination. It encouraged Zambia to spread the culture of human rights through its

Seventh National Development Plan (2017–2020), which would guarantee better economic

and social rights.

114. Uganda noted the absence of a national stakeholder coordination mechanism for the

effective implementation of recommendations. It urged Zambia to prioritize the

implementation of the 2030 Agenda in order to address poverty.

115. Ukraine noted that the process of amending the Constitution was incomplete, given

the failure to adopt a new Bill of Rights by national referendum in 2016. It was concerned

at the prosecution of persons who had been exercising their rights to freedom of assembly

and expression before and after the elections in 2016.

116. The United Kingdom looked forward to further progress in improving the human

rights record following the challenges Zambia had faced around the election in 2016. The

United Kingdom urged Zambia to adopt a merit-based selection process for national

candidates for United Nations treaty body elections and to review its legislation

establishing the minimum age for marriage.

117. The United States expressed concern about the political environment since the

elections in August 2016, including the restrictions on the rights to freedom of speech and

of assembly and the deliberate misapplication of the Public Order Act to block gatherings

by opposition parties.

118. Uruguay welcomed the initiatives that had been taken in relation to the rights of the

child, including the prohibition of corporal punishment in all spheres, and the creation of

the Commission for Gender Equity and Equality. The fact that discrimination and violence

against women persisted was partly due to inconsistencies in the legal framework.

119. The Central African Republic welcomed the delegation of Zambia and praised its

efforts to implement the recommendations accepted during the previous review. It called on

the international community to support those efforts.

120. The delegation of Zambia stated that the Law Development Commission, in

consultation with the Government, had developed the draft children’s code. Once enacted,

the code would domesticate the Convention on the Rights of the Child and relevant regional

instruments. In 2015, several policies had been adopted, including the National Child

Policy, to improve the welfare of children.

121. As expressly provided in the Constitution, Zambia was a Christian nation. The right

to life of the unborn child was protected and such life began at conception. In that regard,

safe abortions must be carried out in very specific circumstances, which were provided for

in the Termination of Pregnancy Act and the Penal Code.

122. The death penalty was provided for in the Bill of Rights in the Constitution, which

could be amended only by referendum. Strides had been made since 1997 in efforts to

abolish the death penalty, which was why there had been no executions since 1997. In

2016, a referendum that could have led to the abolition of the death penalty had been held,

but the people had rejected the motion and the Bill of Rights had remained unchanged. The

President had commuted all death sentences in 2016 and, currently, there were some 174

inmates on death row, only 13 of whom had had their appeals processed.

123. In its efforts to abolish the death penalty, the Government was currently working on

ways to amend the Penal Code so that the death penalty could be handed down at the

discretion of judges, rather than being mandatory. In addition, the Government was

carrying out awareness-raising campaigns and in due time, people would be ready to

abolish the death penalty.

124. Efforts were being made to expedite the ratification of the treaties to which Zambia

was not yet a party. Those efforts included establishing a database and enacting a law on

the ratification of international agreements.

125. Zambia had received negative publicity, particularly by the international media,

which had conveyed the perception of a deterioration in terms of enjoyment of the rights to

freedom of assembly and of expression. The delegation requested its international partners

to assist in reversing that perception.

126. The claim that the Public Order Act had been used to curtail opposition parties or

dissenting voices was far from the truth. In the run-up to the 2016 elections, the number of

ruling party meetings that had been stopped under the Public Order Act had exceeded the

total number of all opposition party meetings that had been stopped. Several meetings had

had to be put on hold by the Minister of Justice because the police did not have sufficient

capacity to ensure peaceful assembly. The Government had a responsibility to maintain

peace and order.

127. There were 123 private radio stations and 26 television broadcasting houses, which

represented a significant increase over the past few years. The Independent Broadcasting

Authority had revoked the licences of three broadcasting houses in order to investigate

allegations of hate speech. Those broadcasting houses had apologized for their use of hate

speech. Another incident had concerned The Post newspaper, which had been closed down

by a court order due to its failure to meet its debts and tax obligations.

128. Over a 12-month period, there had been several incidents of arson, which had led to

electricity disruptions and the destruction of markets. Article 31 of the Constitution of

Zambia provided for measures to curtail such incidents. The application of that provision

had resulted in a reduction in the number of such incidents.

II. Conclusions and/or recommendations

129. The following recommendations have been examined by Zambia and enjoy the

support of Zambia:

129.1 Accelerate the process of domestication of international human rights

instruments to which it is a party (Zimbabwe);

129.2 Amend its national legislation to be in conformity with the provisions

of the Convention on the Elimination of All Forms of Discrimination against

Women, including when revising the Bill of Rights and the Political Parties Bill,

in order to protect and promote women’s rights and gender equality (Finland);

129.3 Redouble efforts in order to ensure the full incorporation of the

provisions of the Convention on the Elimination of All Forms of Discrimination

against Women into domestic legislation (Uruguay);

129.4 Reform the Public Order Act and ensure that law enforcement

agencies are instructed to uphold the Act without political bias (Norway);

129.5 Continue the efforts to widen the scope of the 1996 Bill of Rights to

include economic, social and cultural rights (Republic of Korea);

129.6 Assign the human, technical and financial resources necessary for the

proper functioning of the Office of the Commissioner for Children and for the

sexual and reproductive health care of women and girls (Honduras);

129.7 Grant sufficient means and resources to the National Human Rights

Commission (Algeria);

129.8 Provide the National Human Rights Commission with sufficient

financial resources to carry out its activities more effectively (Guatemala);

129.9 Consider ways to strengthen the National Human Rights Commission

in line with the principles relating to the status of national institutions for the

promotion and protection of human rights (the Paris Principles) (Australia);

129.10 Strengthen the capacity of the National Human Rights Commission

by allocating sufficient resources for its activities (Uganda);

129.11 Adopt a national human rights action plan (Sudan);

129.12 Expedite the formulation of a national action plan on human rights

(Uganda);

129.13 Finalize an action plan to guide the implementation of all universal

periodic review recommendations (South Africa);

129.14 Adopt the national action plan on children (Benin);

129.15 Implement the Convention on the Rights of Child in the context of its

national policy on children (Benin);

129.16 Implement the Seventh National Development Plan (2017–2020) in

order to address the human rights challenges that it recognizes as pending

(Cuba);

129.17 Strengthen coordination and follow-up to the implementation of the

universal periodic review recommendations (Morocco);

129.18 Consider the establishment of a, or strengthen the existing national

mechanism for coordination, implementation, reporting and follow-up, in line

with elements arising from good practices identified in the 2016 OHCHR guide

on national mechanisms for reporting and follow-up (Portugal);

129.19 Continue its efforts to include human rights issues in the training

programmes for military personnel and security personnel (Russian

Federation);

129.20 Intensify efforts on the development of a legal framework aimed at

the elimination of discrimination based on sex, race, disability, status or any

other ground (Ukraine);

129.21 Adopt effective measures to put an end to discrimination based on

gender and to violence against women, as well as to child marriage. This would

include awareness-raising campaigns and trying to bring in local authorities

and traditional leaders into the process (Spain);

129.22 Continue efforts to combat discrimination against women and

eliminate all forms of violence against them, in particular domestic violence

(Tunisia);

129.23 Adopt specific legislation to provide women with sufficient protection

against all discriminatory practices (Lithuania);

129.24 Take the necessary measures to put an end to discrimination against

those who are HIV-positive and those suffering from albinism (Burkina Faso);

129.25 Continue to promote economic and social sustainable development,

raise people’s standard of living and lay a solid foundation for the enjoyment of

all human rights by its people (China);

129.26 Redouble its efforts for effective governance of its natural resources

in line with the Environmental Management Act No. 12 of 2011 (Pakistan);

129.27 Take further measures to protect human rights and the environment

in mining areas (Algeria);

129.28 Establish a regulatory framework for mining companies present on

the territory in order to ensure that their activities do not harm the immediate

environment (Senegal);

129.29 Make more efforts to preserve the environment when applying

agricultural development and not to use internationally banned pesticides

(Iraq);

129.30 Continue to adopt effective measures to prevent and eradicate

violence against women, children and adolescents and provide protection and

assistance to the victims (Chile);

129.31 Continue its efforts to tackle gender-based violence and sexual

violence against women and girls (Timor-Leste);

129.32 Continue with the implementation of national policies against gender-

based violence (Cuba);

129.33 Adopt a comprehensive policy that effectively combats gender-based

violence against women and girls (Honduras);

129.34 Strengthen measures to prevent and combat gender-based violence,

including the representation of women in positions of responsibility

(Paraguay);

129.35 Pursue the effective implementation of measures aimed at combating

discrimination and violence against women (Djibouti);

129.36 Take effective measures to combat violence against women (Georgia);

129.37 In combating violence against women and girls, Zambia should

swiftly and fully implement the Convention on the Elimination of All Forms of

Discrimination against Women. This also includes the full implementation of

the Anti-Gender-Based Violence Act of 2011 and the allocation of adequate

budget resources for the Anti-Gender-Based Violence Fund (Germany);

129.38 Address the situation of persons with albinism, assuring them

protection against attacks and killings (Portugal);

129.39 Take vigorous measures to protect people suffering from albinism

against the different forms of violence of which they are victims (Central

African Republic);

129.40 Strengthen national policies to ensure that persons with albinism are

fully protected from attacks and implement awareness-raising programmes

which also promote their social integration in rural areas (Sierra Leone);

129.41 Adopt as soon as possible a draft law introducing criminal

responsibility for the use of torture by law enforcement officers (Russian

Federation);

129.42 Strengthen legislation on the prohibition of torture and improve

conditions of detention in prisons (France);

129.43 Strengthen efforts to improve the conditions in prisons and guarantee

the rights of detainees (Italy);

129.44 Improve living conditions for detainees and take appropriate steps to

reduce long terms of preventive detention (Senegal);

129.45 Ensure the separation of children from adults detained in police

stations and prisons (Slovenia);

129.46 Redouble its efforts to improve living conditions in prisons and

reduce overcrowding (Burundi);

129.47 Complete the process of renovating correctional facilities and ensure

that they adhere to approved international standards (South Africa);

129.48 Meet international standards in ensuring adequate living conditions

for inmates (Ireland);

129.49 Engage civil society, activists, non-governmental organizations and

the media in dialogue to seek common ground on the draft Access to

Information bill and governance issues, such as corruption (United States of

America);

129.50 Continue intensifying its efforts in combating human trafficking

(Ethiopia);

129.51 Continue efforts to combat human trafficking (Tunisia);

129.52 Continue to work with development partners in order to improve its

capabilities in implementing its anti-trafficking law (Philippines);

129.53 Continue with the policies to strengthen and protect the human rights

of people working in the mining sector (Bolivarian Republic of Venezuela);

129.54 Continue to develop its social protection policy and continuously

monitor and evaluate its social cash transfer programme in this regard (State of

Palestine);

129.55 Enhance its targeting mechanisms with regard to the delivery of

social assistance to ensure that children and women, particularly pregnant and

breastfeeding women, are not left behind (State of Palestine);

129.56 Continue promoting the national human rights policies, especially in

the field of economic, social and cultural rights, in order to improve the quality

of life of its population, to alleviate the standard of living of the most vulnerable

(Bolivarian Republic of Venezuela);

129.57 Increase funding to the health sector to the levels committed to in the

Abuja Declaration and particularly increase the general health infrastructure,

the patient to medical staff ratio and improve health-care access for women

from poor and/or rural backgrounds (Kenya);

129.58 Improve health-care institutions with the aim of reducing maternal

mortality (Angola);

129.59 Continue its efforts to reduce maternal mortality and strengthen the

health-care system (Sudan);

129.60 Intensify its efforts to alleviate the remaining obstacles to access to

health care for pregnant women and mothers in order to decrease significantly

the rate of maternal mortality (Burkina Faso);

129.61 Do not further liberalize abortion and instead implement laws aimed

at protecting the right to life of the unborn, recognizing that life starts at

conception, and further, affirm that there is no international right to abortion

(Kenya);

129.62 Ensure that access to HIV treatment is accessible to all who need it

without any discrimination (Chile);

129.63 Ensure the national health and HIV policies and strategies are

inclusive and accessible to all vulnerable groups, including adults and children

with disabilities (India);

129.64 Continue to develop its health-care undertakings and further

strengthen its work on HIV/AIDS prevention and treatment (China);

129.65 Develop adolescent-sensitive and confidential counselling services in

the area of sexual and reproductive health care and information, with

particular regard to adolescent girls (Portugal);

129.66 Improve the availability of and access to information about mental

health programmes and services which are based on respect for human rights,

including for adolescents (Portugal);

129.67 Strengthen the children’s health sector with adequate resources

(Central African Republic);

129.68 Pursue its efforts so as to improve health services and education

(Libya);

129.69 Increase consequently resources devoted to the health and education

sectors for the population living in rural areas (Togo);

129.70 Strengthen efforts to broaden access to education in accordance with

the revised Education for All National Policy and increase allocations to the

education sector (Pakistan);

129.71 Pursue further reforms in the education sector to improve the

availability, accessibility, affordability and quality of education for all (Brazil);

129.72 Further ensure access to compulsory education and equal learning

opportunities for all children (Indonesia);

129.73 Make education reforms to increase the quality of education, make it

more accessible and facilitate re-entry of adolescent mothers back to school

(Kenya);

129.74 Continue its efforts to provide universal access to education

(Mongolia);

129.75 Work to extend its efforts regarding free primary education to all

(State of Palestine);

129.76 Continue efforts to improve the situation of women (Egypt);

129.77 Further promote women’s empowerment by increasing the number

of women in leadership positions in all spheres of life (Indonesia);

129.78 Further strengthen the policies to protect children’s rights (Georgia);

129.79 Include children’s participation in formal consultative processes that

require citizens’ contributions (Slovakia);

129.80 Enhance protection of the rights of the child, including by abolishing

child labour, combating malnutrition and shielding child perpetrators during

detention (Norway);

129.81 Take all necessary measures to accelerate the adoption and

implementation of the Marriage Bill (2015) to help end child marriage in

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

129.82 Continue and strengthen efforts to prevent and eliminate child

marriage (Maldives);

129.83 Continue efforts to combat child marriage (Morocco);

129.84 Take additional steps aimed at addressing the high rate of child

marriage, including by fully implementing the national strategy aimed at

reducing child marriage by 2021 (Namibia);

129.85 Improve the situation of persons with disabilities (Egypt);

129.86 Take more efforts to protect persons with albinism (Iraq);

129.87 Ensure that the laws relating to persons with disabilities are

consistent with international standards (Madagascar);

129.88 Continue its efforts to address the rights of persons with disabilities

and to update the national legal framework in order to harmonize it with the

provisions of the Convention on the Rights of Persons with Disabilities

(Yemen);

129.89 Expand the programme to boost birth registration to cover more

outlying areas (Zimbabwe);

129.90 Further continue boosting the birth registration rate by the existing

nationwide awareness campaigns among the citizens (Ethiopia).

130. The following recommendations will be examined by Zambia and responses

will be provided in due time, but no later than the thirty-seventh session of the Human

Rights Council:

130.1 Continue its efforts to incorporate and harmonize its internal

national legislation with the main international human rights instruments in

the most expeditious way (Chile);

130.2 Provide refugee children with access to social services, such as health

and education (Portugal) (Timor-Leste).

131. The following recommendations have been examined by Zambia and have been

noted:

131.1 Ratify the Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women (Lithuania);

131.2 Consider ratifying the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against Women (Mauritius);

131.3 Ratify the Optional Protocols to the Convention on the Elimination of

All Forms of Discrimination against Women, the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment and the

Convention on the Rights of Persons with Disabilities, as well as the two

Optional Protocols to the Convention on the Rights of the Child (Guatemala);

131.4 Ratify the Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women and further strengthen efforts on

gender issues (Italy);

131.5 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Angola)

(Montenegro);

131.6 Ratify, without reservation, the Second Optional Protocol to the

International Covenant on Civil and Political Rights and take the necessary

measures so as to commute the sentences of those under the death penalty

(Mexico);

131.7 Formalize the abolition of the death penalty and accede to the Second

Optional Protocol to the International Covenant on Civil and Political Rights

(Australia);

131.8 Abolish the death penalty in law and ratify the Second Optional

Protocol to the International Covenant on Civil and Political Rights (France);

131.9 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Sweden)

(Togo);

131.10 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty, and the

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

Discrimination against Women, as well as the three Optional Protocols to the

Convention on the Rights of the Child (Spain);

131.11 Ratify the Optional Protocols to the Convention on the Rights of the

Child (Angola);

131.12 Ratify the Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child pornography (Togo);

131.13 Ratify the Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child pornography and the

Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict (Armenia);

131.14 Ratify the Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child pornography and the

Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict (Benin);

131.15 Ratify the Optional Protocol to the Convention on the Rights of the

Child on the involvement of children in armed conflict and the Optional

Protocol to the Convention on the Rights of the Child on the sale of children,

child prostitution and child pornography (India);

131.16 Ratify the Optional Protocol to the Convention on the Rights of the

Child on the involvement of children in armed conflict and the Optional

Protocol to the Convention on the Rights of the Child on the sale of children,

child prostitution and child pornography (Botswana);

131.17 Ratify the first and second Optional Protocols to the Convention on

the Rights of the Child (Iraq);

131.18 Ratify the Convention on the Prevention and Punishment of the

Crime of Genocide (Armenia);

131.19 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families, the

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

Discrimination against Women and the three Optional Protocols to the

Convention on the Rights of the Child (Burkina Faso);

131.20 Ratify all three optional protocols to the Convention on the Rights of

the Child (Slovakia);

131.21 Ratify the first and second Optional Protocols to the Convention on

the Rights of the Child (Rwanda);

131.22 Ratify the Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child pornography

(Congo);

131.23 Continue its efforts to sign and ratify the Optional Protocol to the

Convention on the Rights of Children (Chile);

131.24 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Congo) (Honduras);

131.25 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Ghana);

131.26 Promptly ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Guatemala);

131.27 Accelerate the formulation of the Labour Migration Policy and

consider ratifying the International Convention on the Protection of the Rights

of All Migrant Workers and Members of Their Families (Indonesia);

131.28 Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Denmark)

(Ghana);

131.29 Consider ratification of the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Georgia);

131.30 Ratify the Optional Protocol to the Convention on the Rights of

Persons with Disabilities (Ghana);

131.31 Expedite the process to ratify important international instruments

relevant for the advancement of human rights in Zambia, including the

Optional Protocol to the Convention on the Rights of Persons with Disabilities,

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

Discrimination against Women and the two Optional Protocols to the

Convention on the Rights of the Child (Uganda);

131.32 Ratify the Convention against Discrimination in Education

(Portugal);

131.33 Ratify the International Labour Organization Indigenous and Tribal

Peoples Convention, 1989 (No. 169) (Guatemala);

131.34 Sign the Treaty on the Prohibition of Nuclear Weapons (Guatemala);

131.35 Ratify all the different conventions and protocols relating to human

rights to ensure their enjoyment by its citizens (Chad);

131.36 Ratify those international human rights instruments which have not

been ratified (Mongolia);

131.37 Continue engagement with the United Nations human rights

mechanisms and other relevant United Nations bodies to implement the

recommendations put forward today (Azerbaijan);

131.38 Continue its fruitful cooperation with the United Nations

mechanisms, in particular those related to human rights (Côte d’Ivoire);

131.39 Present a standing invitation to United Nations special rapporteurs,

including the Special Rapporteur on the promotion and protection of the right

to freedom of opinion and expression and the Special Rapporteur on torture

and other cruel, inhuman or degrading treatment or punishment, to visit

Zambia (Republic of Korea);

131.40 Intensify its efforts to implement the pending recommendations

(Nigeria);

131.41 Implement the recommendations of the Commission of Inquiry on

Voting Patterns and Electoral Violence (South Africa);

131.42 Continue efforts to establish efficient and transparent public services

in line with relevant United Nations resolutions (Azerbaijan);

131.43 Utilize human rights training and education as a way to mainstream

the promotion of the rights of women and children (Philippines);

131.44 Develop a national action plan on business and human rights and

implement it together with the Guiding Principles on Business and Human

Rights (Kenya);

131.45 Take concrete steps towards the abolition of the death penalty

(Norway);

131.46 Continue the public political debate to go from the current de facto

abolition to the definitive abolition of the death penalty in the country (Spain);

131.47 Endeavour to abolish the death penalty (South Africa);

131.48 Take measures to introduce a de jure moratorium on executions and

take concrete steps towards the abolition of the death penalty (Rwanda);

131.49 Consider taking steps to establish a de jure moratorium with a view

to abolishing the death penalty (Italy);

131.50 Continue with the moratorium on the death penalty and continue

making efforts towards abolishing it (Namibia);

131.51 Apply the principle of non-discrimination to the most vulnerable

groups, such as girls, children with disabilities, children of religious minorities,

children living with HIV/AIDS, migrant and refugee children, orphans and

children born out of wedlock, so that they have access to health care and

education (Madagascar);

131.52 Promote non-discrimination and inclusion campaigns with particular

focus on migrants and people with albinism (Mexico);

131.53 Protect ethnic and religious minorities in the country and provide

effective reparations when their rights are undermined (Mexico);

131.54 Adopt legislation that combats discrimination based on sexual

orientation and gender identity and protects the rights of lesbian, gay, bisexual,

and transgender persons (Honduras);

131.55 Take steps to decriminalize homosexuality and promote respect for

the principles of equality and non-discrimination against lesbian, gay, bisexual,

transgender and intersex persons (France);

131.56 Take actions aimed at putting an end to discrimination based on

sexual orientation, beginning by eliminating the criminalization of consensual

sexual relationships between adults of the same gender (Spain);

131.57 Engage in consultations with the concerned communities and ensure

their participation in the decision-making process affecting them, through their

direct involvement in the formulation and implementation of mining projects

(Netherlands);

131.58 Abolish the death penalty (Central African Republic) (Paraguay)

(Portugal);

131.59 Take the necessary public and legislative steps in order to abolish the

death penalty (Ukraine);

131.60 Legislate to remove the death penalty from its statute books and

commute to custodial sentences those death sentences that have already been

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

131.61 Consider the abolition of the death penalty, in accordance with the

Second Optional Protocol to the International Covenant on Civil and Political

Rights (Honduras);

131.62 Strengthen its efforts to abolish the death penalty in law (Mongolia);

131.63 Intensify the efforts to criminalize and diminish all types of violence

against women (Montenegro);

131.64 Raise the minimum age of criminal responsibility and provide

adequate protection of child victims and witnesses of crime during trial

(Slovenia);

131.65 Consider reviewing the legal age of criminal responsibility with a

view to ensuring full protection for juveniles in conflict with the law (Bolivarian

Republic of Venezuela);

131.66 Raise the minimum age of criminal responsibility above 8 (Sierra

Leone);

131.67 Ensure that freedom of association and the right to peaceful assembly

are respected and protected, to include promoting better implementation of the

Public Order Act (United States of America);

131.68 Create and maintain, in law and in practice, an enabling environment

that guarantees freedom of expression and peaceful assembly (Guatemala);

131.69 Improve and make clearer the legislation to support the freedom of

assembly (Ireland);

131.70 Reform the current Public Order Act to include measures that fully

uphold the rights to freedom of expression and peaceful assembly, making it

more conducive to political participation by all Zambians and ensure that

enforcement of the Act is consistent with Zambia’s human rights obligations,

including through training of its security forces (Canada);

131.71 Make the necessary legislative changes, including restricting the

scope of the Public Order Act, to ensure the freedoms of association and

expression are protected; and to ensure the police enforce these and other laws

in a proportionate manner (United Kingdom of Great Britain and Northern

Ireland);

131.72 Make efforts to ensure access to information of public interest to

citizens and guarantee the rights of freedom of assembly (Paraguay);

131.73 Guarantee respect for the rights of the opposition, in particular

freedom of assembly and demonstration, the freedom of the press and the

media, by making the necessary corrections to the Constitution, the electoral

commission, the status of the parties, as well as to the legal framework on the

maintenance of public order (France);

131.74 Ensure media freedom by providing full editorial independence to

publicly-owned media. Ensure the impartiality of the Independent

Broadcasting Authority and enact legislation to facilitate access to information

(Canada);

131.75 Continue its efforts to implement programmes and activities aimed at

adjusting Zambia’s Correctional Service to the United Nations Standard

Minimum Rules for the Treatment of Prisoners, including by adequate funding

and training of officers (Brazil);

131.76 Make efforts to minimize overcrowding, improve sanitation and

separation of juveniles from adults in prisons (India);

131.77 Ratify the Optional Protocols of the Convention of the Rights of the

Child, raise the age of criminal responsibility to 18 years, ensure the adequate

separation of children and adults in penitentiaries and jails, and ensure due

legal representation for children and persons under 18 years of age within the

judicial system (Paraguay);

131.78 Ensure that necessary reforms are undertaken to guarantee the

effective protection of the rights to freedom of expression, assembly and

association. This includes enacting without delay an expanded Bill of Rights

and Access to Information Bill and ensuring that the Public Order Act is

implemented objectively and with professionalism by the police (Sweden);

131.79 Live up to the highest standards of international law by repealing or

amending the criminal defamation clauses in its Penal Code (Lithuania);

131.80 Engage in constructive dialogue and reconciliation with the main

opposition party to diffuse lingering tensions from the August 2016 general

election (United States of America);

131.81 Guarantee that journalists and other media workers can carry out

their work independently and without fear of persecution, including by

reviewing its defamation laws to make sure they are in full compliance with

international human rights law (Finland);

131.82 Comply with its obligation under international law to guarantee that

human rights defenders, journalists and activists can carry out their work

independently and free from attacks, harassment or intimidation

(Netherlands);

131.83 Fully implement the Anti-Human Trafficking Act No. 11 of 2008 and

ensure effective investigations into the cases of sale, trafficking and abduction

of children to protect them from commercial exploitation (Republic of Korea);

131.84 Take appropriate steps to prohibit and combat child labour and the

worst forms of exploitation of children (Senegal);

131.85 Continue efforts to consolidate the rights of the child, protect them

from sexual exploitation and combat trafficking in children and child marriage

(Tunisia);

131.86 Strengthen the implementation of measures taken to fight against

child labour and trafficking of children (Djibouti);

131.87 Fully implement the Anti-Trafficking Act No. 11 of 2008 (Timor-

Leste);

131.88 Review the Employment of Young Persons and Children’s Act with a

view to including in its domestic labour and family-based enterprises and

improve its data collection mechanisms on violations of the Act (Slovakia);

131.89 Step up its efforts to bring an end to all forms of child labour (Timor-

Leste);

131.90 Modify its national and customary laws in order to prevent child,

early and forced marriage (Sierra Leone);

131.91 Set a minimum age for leaving school, which would provide

incentives for addressing early marriage and child labour (Slovakia);

131.92 Set a minimum age for marriage under customary law, to be in line

with the legal age of marriage determined by statutory law (Slovakia);

131.93 Ensure country-wide implementation of the Marriage Act

establishing the legal age for marriage as 21 years of age (Slovenia);

131.94 Decriminalize same-sex relationships between consenting adults

(Sweden);

131.95 Repeal laws that criminalize same-sex conduct between adults and

review all legislation, policies and programmes to foster equality and prevent

discrimination on the basis of sexual orientation or gender identity (Canada);

131.96 Decriminalize same-sex relationships between consenting adults and

strengthen efforts to address inequality and discrimination based on sexual

orientation and gender identity (Australia);

131.97 As recommended during the universal periodic review in 2012,

respect the rights and fundamental freedoms of lesbian, gay, bisexual,

transgender and intersex persons through the repeal of all norms that

criminalize and stigmatize them (Argentina);

131.98 Review and repeal the legislation that criminalizes consensual sexual

behaviour between people of the same sex, and prohibit degrading practices

imposed on people of the lesbian, gay, bisexual, transgender and intersex

community, such as forced anal examinations (Uruguay);

131.99 Comply strictly with the normative provisions regarding the

minimum age for marriage, and prevent and investigate cases of forced

marriage, prosecuting the perpetrators and ensuring assistance to victims

(Argentina);

131.100 Fully fund and implement the Anti-Gender-Based Violence Act, the

Gender Equity and Equality Act and other legislation and policies to protect

girls from child, early and forced marriage and other forms of abuse (Canada);

131.101 Consider adopting additional measures to promote and protect the

rights of persons with disabilities (Maldives);

131.102 Adopt and implement improvements to the legislation relating to

children, in particular, increase the minimum age of criminal responsibility to

an internationally acceptable level, address the high rate of child labour,

prohibit the forced marriage of children, and end violence and sexual

exploitation, including abuse, neglect and ill-treatment (Uruguay);

131.103 Guarantee access to health and education services for migrant

children, eliminating administrative obstacles in this area (Paraguay);

131.104 Since Zambia has one of the highest birth rates in the world, develop

and implement a comprehensive strategy on population and education policies,

in line with and respecting economic, social and cultural rights (Germany);

131.105 Strengthen public policies to address economic and social challenges,

particularly in the area of health, such as access to drinking water (France);

131.106 Make primary education free throughout the territory (Central

African Republic);

131.107 Make efforts to reverse the downward budgetary allocations to the

education and health sectors in order to meet the African thresholds on health

and education, respectively set in the Abuja and Dakar Declarations (Namibia);

131.108 Take measures to strengthen efforts to reduce infant and child

mortality, including by focusing on preventative measures and treatment,

improved nutrition and a structured vaccination process (Botswana);

131.109 Seek the necessary technical, material and financial assistance in

order to implement the recommendations it has endorsed (Côte d’Ivoire);

131.110 Continue to mobilize resources and seek the necessary support to

enhance its capacity to fulfil its human rights obligations (Nigeria);

131.111 Intensify efforts, including by seeking technical assistance wherever

required, to meet its human rights targets (Sierra Leone).

132. 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.

Annex

Composition of the delegation

The delegation of Zambia was headed by the Honourable Given Lubinda, Minister

of Justice, and composed of the following members:

• Abraham Mwansa, SC, Solicitor General, Ministry of Justice, Zambia;

• Mrs. Natasha B. Museba, Ag. Principal Counsel, Ministry of Justice, Zambia;

• Mr. Vanny Hampondela, Monitoring and Evaluation Specialist, Ministry of Justice,

Zambia;

• Mr. Iven M. Sikanyiti, Assistant Director-Social Statistics, Central Statistical Office,

Zambia;

• Mr. Joseph Chifulo, Economist, Ministry of Finance, Zambia;

• Mr. Stephen Chiwele, Chief Social Welfare Officer, Ministry of Community

Development and Social Services, Zambia;

• Mrs. Margaret Kaemba, Chargé d’affaires, Permanent Mission for Zambia in

Geneva;

• Mr. Inyambo Liboma, Counsellor — Legal, Permanent Mission for Zambia in

Geneva;

• Mr. Samson Lungo, First Secretary-Consular/Political, Permanent Mission for

Zambia in Geneva.