Freedom in the World 2001 - Zambia

2001 Scores

Status: Partly Free
Freedom Rating: 4.5
Civil Liberties: 4
Political Rights: 5

Overview

Zambia's political environment in 2000 focused increasingly on presidential elections due in 2001. President Frederick Chiluba, who plans to step down at the end of his second term, has made it clear that he wants to play a central role in determining his successor. The ruling Movement for Multiparty Democracy (MMD) expelled Ben Mwila, the minister of Environment and Natural Resources, charging him with launching a premature campaign for the presidency. In May, former President Kenneth Kaunda relinquished the leadership of the United National Independence Party (UNIP) to the former governor of the Central Bank, Francis Nkhoma. Nkhoma won the hotly contested leadership contest against eight other candidates.

Zambia was ruled by President Kaunda and UNIP from independence from Britain in 1964 until the transition to a multiparty system in 1991. Kaunda's regime grew increasingly repressive and corrupt as it faced security and economic difficulties during the long guerrilla wars against white rule in neighboring Rhodesia (now Zimbabwe) and Portuguese-controlled Mozambique. UNIP's socialist policies, combined with a crash in the price of copper, Zambia's main export, precipitated an economic decline unchecked for two decades.

Kaunda permitted free elections in 1991 in the face of domestic unrest and international pressure. Former labor leader Chiluba and his MMD won convincingly. By contrast, the next national elections, in 1996, lacked legitimacy because of a series of repressive measures instituted by the government.

Economic liberalization and privatization have earned Zambia substantial external aid, but rampant corruption has distorted the economy and blocked sustainable growth. The country is among those suffering most from the AIDS pandemic; it is estimated Zambia will need to care for well over 600,000 AIDS orphans within a few years. President Chiluba stated in 2000 that the HIV infection rate among adults in this southern African nation was about 20 percent.

Political Rights and Civil Liberties

The ability of Zambians to change their government democratically is not yet consolidated. Zambia's president and parliament are elected to serve concurrent five-year terms by universal adult suffrage. Zambians' constitutional right to change their government freely was honored in 1991 elections. The November 1996 presidential and parliamentary polls, however, were neither free nor fair. State resources and state media were mobilized extensively to support Chiluba and the ruling MMD. Serious irregularities plagued election preparations. Voters' lists were incomplete or otherwise suspect; independent monitors estimated that more than two million people were effectively disenfranchised. Candidate eligibility requirements were changed, which resulted in the exclusion of Kaunda, the most credible opposition candidate.

Most opposition parties boycotted the 1996 polls, in which the MMD renewed its parliamentary dominance. International observer groups that did monitor the polls, along with independent domestic monitors and opposition parties, declared the process and the results to be fraudulent. In response, Zambia's main opposition parties are pressing the government to agree to electoral law changes before next year's general election. They seek reforms to prevent ballot fraud and bribery

Some of Zambia's jurists retain a stubborn independence while others are subservient to Chiluba and the MMD. The court system is severely overburdened. Pretrial detainees are sometimes held for years under harsh conditions before their cases reach trial. The Magistrates and Judges Association identified congestion in prisons and delayed trials as extremely serious problems. Malnourishment and poor health care in Zambia's prisons cause many deaths. Many civil matters are decided by customary courts of variable quality and consistency whose decisions often conflict with both national law and constitutional protections.

In September 2000, parliament passed the State Proceedings Act, which would remove judicial checks on the decisions and actions of the government. If this legislation comes into force, the only legal redress for citizens who believe they have been wronged will be to sue the state. Many observers believe that the real reason for the amendments is political, in order to firm up Chiluba's political control of the country in the run-up to the 2001 elections. By late 2000 President Chiluba had yet to sign the bill into law.

Two prisoners on death row began the first-ever attempt to challenge the death penalty before a court of law. They petitioned the high court to overrule their sentences, arguing that capital punishment should be abolished from the statue books. If the petition succeeds, Zambia will become the second country in Africa, after South Africa, to abolish capital punishment.

Wiretapping, both legal and illegal, is reportedly routine. The government dominates broadcasting, and the few independent radio stations offer little political reporting. The Preservation of Public Security Act of 1960 is among many statutes used to harass and intimidate journalists. Security forces maintain surveillance of independent media and frequently arrest journalists. In one case, 12 journalists were charged with espionage after writing about Zambia's lack of military preparedness. Most were released, but "The Post" editor-in-chief Fred M'membe remained accused of breaching the State Security Act. Finally, in late December, M'membe was acquitted by a high court judge. Other tools of harassment include criminal libel suits and defamation suits brought by MMD leaders in response to stories on corruption. The Zambia Independent Media Association launched public appeals on several cases of the government attempting to intimidate the press.

In early 2000 the minister of Information and Broadcasting Services, Newstead Zimba, alleged that the independent media in Zambia exercises "abuse of press freedom and other fundamental freedoms." Zimba said that government was considering recently submitted proposals for media-law reform and indicated that some of the reform proposals would be approved. He also stated that his ministry intended to establish an "autonomous" Independent Broadcasting Authority, (IBA), which would regulate all radio and television broadcasting in Zambia.

Constitutionally protected religious freedom has been respected in practice. Nongovernmental organizations (NGOs) engaged in human rights promotion, such as the Zambian Independent Monitoring Team, the Zambian Civic Education Association, and the Law Association of Zambia, operate openly. In 1999, however, the government drafted a policy that would closely regulate NGOs. The government human rights commission investigated frequent complaints about police brutality and denounced the torture of coup suspects, but has no power to bring charges against alleged perpetrators.

Societal discrimination remains a serious obstacle to women's rights. A 1998 regional human development report noted that Zambia was one of the lowest-performing countries in southern Africa in terms of women's empowerment. Women are denied full economic participation and are discriminated against in rural lands allocation. A married woman must have her husband's permission to obtain contraceptives. Discrimination against women is especially prevalent in traditional tribunals that are courts of first instance in most rural areas. Spousal abuse and other violence against women are reportedly common. A new political party, the Social Democratic Party, was founded in 2000 by Gwendoline Konie, a former diplomat, to focus on children's and women's issues.

Zambia's trade unions remain among Africa's strongest, and union rights are constitutionally guaranteed. The Zambia Congress of Trade Unions, an umbrella for Zambia's 19 largest unions, operates democratically without government interference. Collective bargaining rights are protected by the 1993 Industrial and Labor Relations Act, and unions negotiate directly with employers. About two-thirds of the country's 300,000 formal sector employees are union members.

Development is burdened by high levels of corruption and inflation. In early 2000 the Zambian Catholic Church criticized corruption and suppression of dissent. The official Anti-Corruption Commission showed few results, and a public sector reform program also had little effect. Privatization of state enterprises continued slowly. There was limited progress on the sale of immense state-owned copper mines. New business formation is slowed by the country's weak financial structures.