The mission of the human rights commission is to promote and protect human rights for all people in zambia through investigations of human rights violations, rehabilitation of victims of human rights abuses, education of communities and advocacy for policy and legal changes influenced by. Bill of right status, application and interpretation 11. Zambia has one of the highest child marriage rates in the world with 42% of women aged 2024 years married by the age of 18. Its constitution building history can be divided into post independence and post cold war periods. Zambia wishes to inform the committee that it has a dual legal system and that international treaties are not directly applicable in its domestic law. Child rights in zambia introduction this study seeks to height the history of the childs right and how zambia has positioned herself in the promotion of the rights of the child in accordance with uncrc resolution.
Act, 2015, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. It also report new concerns related to the impact of environmental issues on the enjoyment of human rights in zambia. Doc the zambian bill of rights mukonka moonga academia. This bill of rights is the keystone of democracy in zambia. However, the 1996protected children from neglect, cruelty and exploi constitution did not include socioeconomic rights and the rights of women and children in the bill of rights. Although, after twentyseven years, the partial state of emergency was lifted, theoretically restoring to full affect the bill of rights enshrined in zambias constitution, many of those rights. It is expected that when the draft of the bill of rights is simplified and the public sensitised, areas of differences would be minimised, if not eradicated. Two constitutional law experts have observed that the proposed constitution amendment bill number 10 of 2019 is illegal. Fact sheet on national child protection systems in zambia. Petition stop the parliament of zambia from passing bill.
There is general public consensus that if the changes proposed in the bill are passed, zambia would become a constitutional dictatorship with an already. This act may be cited as the constitution of zambia amendment act, 2019, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Apr 04, 2016 this should be avoided and the decision by the grand coalition to sensitise the public on the contents of the bill of rights is the way to go. By jowit saluseki on august 11, 2016, the people of zambia will go to the polls to vote in a referendum, on the bill of rights, apart from voting for the president, parliamentarians, executive mayors and. Protection of fundamental rights and freedom of the individual article 11. However, the country report on human rights practices in zambia for 2012 by the united states department of state noted that in general, the governments human rights record remained poor. Oct, 2019 by felicity kayumba kalunga zambia is in the process of amending its constitution for the fifth time since independence in 1964.
The bill of rights on september 25, 1789, congress transmitted to the state legislatures twelve proposed amendments to the constitution. The constitutional amendment bill 10 of 2019 has been tabled in the parliament of zambia against public opinion. Jul 23, 2019 bill 10 is personal in the sense that it touches on individual rights of the people of zambia. Click download or read online button to get the zambian bill of rights book now. Protecting children in zambia from violence, abuse, neglect. Enacted by the parliament of zambia part i preliminary 1. Although by ratifying international conventions zambia has an obligation to respect, protect and fulfill the human rights of all citizens, the provisions of these treaties are not locally effective if not incorporated into the domestic legislation. This is why it is called the constitution of zambia amendment act of 2016.
The most recent change occurred in 2016 and witnessed the repeal of almost all parts of the constitution except the bill of rights, which requires a referendum. The objective of this bill is to revise the bill of rights to include civil, political, cultural, and further and. If bill 10 were to go through and become law, it would fundamentally disturb the personal rights of the citizens of zambia and the way they exercise those rights. Fundamental rights and freedoms it is recognised and declared that every person in zambia has been and shall continue to be entitled to the fundamental rights and freedoms. The bank of zambia is aware of numerous social media reports suggesting that the. The grand coalition on a people driven constitution should be commended for embarking on the simplification of the draft of the bill of rights and its decision to start sensitising the public on the contents of the piece of legislation before the national referendum scheduled for august 11 this is as it should be in a functioning democracy such as the one zambia espouses. For me and many zambians, the zambian constitution. The constitution of zambia act, 1996 by the zambian for. An act to provide for the printing and publication of the amended constitution. One of those opposed to the bill is the law association of zambia laz, which has petitioned in the constitutional court to challenge the decisions of president edgar lungu, the attorney general. Human rights commission building a sustainable human rights culture together. Protecting children in zambia from violence, abuse.
Doc the zambian bill of rights larry hamweemba academia. Government of the republic of zambia grzunited nations. The third chapter in the constitution recognises several human rights. Please indicate whether the state party has taken any steps to harmonize the constitution with the covenant and whether it has developed democratic institutions and human rights machinery. The bill of rights is fundamental to zambias democracy and guarantees the human respect and dignity of all citizens, mr chipenzi said. Download zambias new constitution as amended elias.
The quest for a people driven constitution in zambia. Zambia constitution bill of rights provides for the protection of most of the rights contained in the covenant. The constitution of zambia zambia online news site. The bill of rights is fundamental to zambia s democracy and guarantees the human respect and dignity of all citizens, mr chipenzi said. Human rights in zambia are addressed in the constitution. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Jan 09, 2017 this bill of rights is the keystone of democracy in zambia. Article 28 everyone is entitled to a social and international order in which the rights and. Zambia shall continue to be a citizen of zambia after the commencement of this constitution. By jowit saluseki on august 11, 2016, the people of zambia will go to the polls to vote in a referendum, on the bill of rights, apart from voting for the president, parliamentarians, executive mayors and councillors. The freedom of information bill, 2002 memorandum the object of this bill is to a establish the public information commission and define its functions. However, there are gaps in the domestication of these instruments into national law. This fact sheet by save the children provides an overview of the current status of national child protection systems in zambia.
Constitution amendment bill number 10 of 2019 is illegal. Usbased law professor muna ndulo and locally based constitutional lawyer john sangwa featured on a public discussion at southern sun hotel in lusaka. Zambias constitution of 1991 with amendments through 2016. Article 5, the first in the chapter, stipulates that all rights outlined by the constitution must be observed by all facets of the namibian government. The bill of rightspart iii of the constitution of zambia. Legislation the bill of rightspart iii of the constitution of zambia.
Although by ratifying international conventions zambia has an obligation to respect, protect and fulfill the human rights of all citizens, the provisions of these treaties are not locally effective if not. The following articles in the chapter, 625, state these rights and are outlined below. Bill 10 is personal in the sense that it touches on individual rights of the people of zambia. Recognise the equal worth of men and women in their rights to participate, and freely. As simplified by the grand coalition on the campaign for a people driven constitution in zambia. Jan 08, 2016 this is why it is called the constitution of zambia amendment act of 2016. Article 12formally recognizes the important role that the civil society plays in the promotion and the protection of the bill of rights. The object of this bill is to amend the constitution of zambia so as to. Please indicate whether the state party has taken any steps to harmonize the constitution with the covenant and whether it has developed democratic institutions and. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Recognise the equal worth of men and women in their rights to participate, and freely determine.
A situation report on child marriages in zambia world. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. Numbers three through twelve were adopted by the states to become the united states u. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s.
Stanford libraries official online search tool for books, media, journals, databases, government documents and more. Further, there is no framework for compelling the ruling political party to implement judgments that may be made against it by the courts of law. History of zambian constitution zambia daily nation. Universal declaration of human rights preamble whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, whereas disregard and contempt for human rights have resulted in barbarous. Upr recommendations accepted by zambia in 2008 regarding economic, social and cultural rights1 and children in street situations2. It formally enshrines those fundamental rights and liberties considered essential for all people in our country. This site is like a library, use search box in the widget to get ebook that you want. Fundamental rights and freedoms it is recognised and declared that every person in zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever. For me and many zambians, the zambian constitution amendment. Historically, the concept of a bill of rights as a. B 37, 2016 an act to amend the constitution zambia was released. The zambian bill of rights download ebook pdf, epub. The 1991 constitution of zambia entrenched some of the basic rights for children, and tation. Misa zambia advocates for legislative changes to media laws and particularly the repeal of laws that criminalise the work of the media.
By felicity kayumba kalunga zambia is in the process of amending its constitution for the fifth time since independence in 1964. It avows the democratic values that border on human dignity, equality and freedom. Further, misa zambia seeks to actively engage key stakeholders and decision makers, who may have influence in getting the access to information bill, enacted. This act may be cited as the constitution of zambia amendment no. Is it plausible to suppose we can reach a truly universal agreement on what human rights are. Owing to the above facts, early child marriage has currently become a vital topic of discussion amongst several development platforms which has made it more visible to many that were unaware of its existence. Although zambia has ratified many key international instruments related to child protection, no real progress has been made in introducing legislation to change national law. Bill to amend constitution to enhance the bill of rights june 2016 by external source. This issue will examine the history of human rights and survey. Constitution of zambia 1996 ace electoral knowledge. The state of human rights eport in zambia 2007 stands for the human rights r commissions commitment and continuous attempt of making human rights a part peoples everyday life and culture. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. The bill of rights is subject to be incorporated in the new zambian constitution upon a referendum on august 11th, 2016.
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