ZAMBIA 2021 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY
Zambia is a constitutional republic governed by a democratically elected president
and a unicameral national assembly. On August 12, the country held elections for
president, national assembly seats, and local government. The United Party for
National Development candidate, Hakainde Hichilema, won the election by a wide
margin. Incumbent president and Patriotic Front candidate, Edgar Chagwa Lungu,
conceded and facilitated a peaceful transition of presidential power. International
and local observers deemed the election technically well-managed but cited several
irregularities. The pre-election period was marred by abuse of incumbency,
restrictions on freedoms of expression, assembly, and movement, and political
party intolerance resulting in sporadic violence across the country. Although the
results were deemed a credible reflection of votes cast, media coverage, police
actions, and legal restrictions heavily favored the ruling party and prevented the
election from being genuinely free and fair.

The Zambia Police Service has primary responsibility for internal security and
reports to the Ministry of Home Affairs and Internal Security. The military
consists of the Zambia Army, the Zambia Air Force, and the Zambia National
Service, under the Ministry of Defense. The commanders of each respective
service, however, are appointed by and report directly to the president. The
military is responsible for external security but also has some domestic security
responsibilities in cases of national emergency. Civilian authorities generally
maintained effective control over the security forces. Members of the internal
security forces committed numerous abuses.

President Hichilema’s victory in the August 12 election represented a significant

break from years of authoritarian drift. Hichilema’s election occurred despite
ruling party efforts to tilt the electoral playing field in its favor. Hichilema has
announced plans to combat corruption, enshrine protections for human rights, and
strengthen independent media. His administration has also voiced strong support
for human rights and democratic governance at international fora.

Country Reports on Human Rights Practices for 2021

United States Department of State • Bureau of Democracy, Human Rights and Labor
Significant human rights issues included credible reports of: unlawful or arbitrary
killings, including extrajudicial killings by government agents; torture and cases of
cruel, inhuman, or degrading treatment or punishment by police; harsh and life-
threatening prison conditions; serious restrictions on free expression online and in
the media and the press, including violence and threats of violence against
journalists, censorship, and the application of criminal libel and slander laws;
serious restrictions on internet freedom; substantial interference with the right to
freedom of assembly; official corruption; the existence and use of laws
criminalizing consensual same-sex sexual conduct between adults; and widespread
child labor.

The government took steps to investigate and prosecute perpetrators of human

rights abuses. Nevertheless, impunity before the August 12 elections remained a
problem because perpetrators affiliated with the ruling party or serving in
government were either not prosecuted for serious crimes or, if prosecuted, were
acquitted or released after serving small fractions of prison sentences. During the
Lungu administration, the government applied the law selectively to prosecute or
punish individuals who committed abuses and mostly targeted those who criticized
the ruling party. The government also took steps to identify, investigate,
prosecute, and punish officials for corruption, although impunity remained
widespread.

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or Politically
Motivated Killings
There were numerous reports that government agents under the Lungu
administration committed arbitrary and unlawful killings. For example, in
December 2020 police shot and killed National Prosecution Authority prosecutor
Nsama Chipyoka and United Party for National Development (UPND) member
Joseph Kaunda during a peaceful protest. The killings occurred when President
Hichilema, then opposition UPND leader, appeared at police headquarters for
interrogations in response to a police summons. On February 24, police arrested
and charged Constable Fanwell Nyundu with two counts of murder in connection

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with the killings. In its March 4 statement released after independent
investigations into the killings, the Human Rights Commission (HRC) noted that
the shooting was an excessive use of force and a blatant violation of the rights to
life, freedom of assembly, and movement and alleged that former Lusaka Province
police commissioner Nelson Phiri was responsible for the killings. The case
relating to the killing remained pending trial at year’s end.

Police in Petauke shot and killed a suspect in full view of onlookers. According to
the HRC, the suspect was trying to run away after being found with a gun in his car
at a roadblock. Despite capturing him, police shot the man “at close range”, the
HRC reported. Media also reported that prison wardens beat an inmate to death at
Luwingu correctional facility for allegedly trying to escape from custody.

b. Disappearance
There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment
The constitution prohibits cruel, inhuman, or degrading treatment or punishment;
however, no law addresses torture specifically. In 2020 local media reported
police used arbitrary and excessive force to enforce public health regulations
implemented to prevent the spread of COVID-19. Impunity remained a significant
problem within the security forces, particularly police, under the guise of enforcing
public health regulations to prevent the spread of the COVID-19 pandemic in the
lead up to the August 12 general elections. The factors that contributed to
impunity were the deliberate and unbalanced application of the Public Order Act
and public health regulations, as well as lack of training in, understanding of, and
respect for human rights. According to the HRC, police frequently used
disproportionate force during the Lungu administration. In June 2020 the Zambia
Police Service with the HRC and UN Development Program assistance instituted
COVID-19 standard operating enforcement procedures that provided for the
enforcement of COVID-19 measures by security and law enforcement officers in a
manner that safeguards human rights.

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Prison and Detention Center Conditions

Physical conditions in prisons and detention centers remained harsh and life
threatening due to overcrowding, frequent outbreaks of disease, food and potable
water shortages, poor sanitation, and inadequate medical care.

Physical Conditions: Overcrowding in prisons and other detention facilities

remained a problem. For example, Lusaka Central Correctional Facility as of
August had 1,088 male inmates in a facility with a holding capacity of 500 male
inmates, the nongovernmental organization (NGO) Undikumbukire Project Zambia
reported. As of December 21, there were 23,157 inmates across the country’s
correctional facilities with a holding capacity of 9,000, the Zambia Correctional
Service reported. According to the Prisons Care and Counseling Association
(PRISCCA), congestion was mainly due to a slow-moving, highly centralized
judicial system, outdated laws, and increased incarceration due to higher numbers
of prosecutions of petty offenses. Other factors included limitations on
magistrates’ powers to impose noncustodial sentences, a retributive police culture,
and poor bail and bonding conditions. Indigent inmates lacked access to costly
bail and legal representation. A shortage of high court judges in the country’s six
provinces delayed the execution of magistrate orders to transfer juveniles being
held with adults in prisons and jails to reformatories. In May then president Lungu
pardoned 579 inmates and 60 additional inmates in August, and President
Hichilema pardoned 1,018 inmates on December 24.

There were no reports of deaths in prison attributed to physical conditions.

The law requires separation of different categories of prisoners, but only gender
separation was routinely practiced. According to the HRC, some correctional
facilities did not strictly follow guidelines on separating different prisoner
categories. There was no total separation of juveniles from adult prisoners at
police or remand level. Although most correctional facilities have isolation cells
for juveniles, total separation holding cells were nonexistent, PRISCCA reported.
Incarcerated women who had no alternative for childcare could choose to have
their infants and children younger than age four with them in prison. Inadequate
ventilation, temperature control, lighting, and basic and emergency medical care
remained problems. Many prisons had deficient medical facilities, and female

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inmates’ access to gynecological care was extremely limited. Many prisons had
meager food supplies. Lack of potable water resulted in serious outbreaks of
waterborne and foodborne diseases, including dysentery and cholera. According to
PRISCCA and the HRC, prison food was nutritionally inadequate, and prisoners
noted insufficient bedding (blankets and mattresses) and poor sanitation. The
prison healthcare system remained understaffed. The incidence of tuberculosis
remained high due to overcrowding, poor sanitation, lack of compulsory testing,
and prisoner transfers. The supply of tuberculosis medication and other essential
drugs was erratic. Failure to remove or quarantine sick inmates resulted in the
spread of tuberculosis and other illnesses and the deaths of several prisoners. In
February then Zambia correctional service commissioner general Dr. Chileshe
Chisela announced the service had recorded 100 cases of COVID-19. The
announcement followed the death of an inmate from COVID-19 at Namuseche
Prison in Chipata.

The HRC and PRISCCA expressed concern at the lack of isolation facilities for the
sick and for persons with a psychiatric condition. Although prisoners infected with
HIV or AIDS were able to access antiretroviral treatment services within prison
healthcare facilities, their special dietary needs and those of persons under
treatment for tuberculosis were inadequately met. Prisons also failed to address
adequately the needs of persons with disabilities.

Administration: A formal mechanism to investigate allegations of prisoner

mistreatment existed through the Police Public Complaints Commission. The
commission received complaints and disciplined some erring police and prison
officers, but human rights groups reported it did not effectively investigate
complaints and was staffed by former officers who often hesitated to prosecute
their colleagues.

Independent Monitoring: The government permitted prison monitoring by

independent local and international NGOs and religious institutions.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention. It also provides for the right of
any person to challenge the lawfulness of his or her arrest or detention in court.

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Although the government generally observed these requirements, there were
frequent reports of arbitrary arrests and detentions, including in situations of civil
disputes.

Arrest Procedures and Treatment of Detainees

The constitution and law require authorities to obtain a warrant before arresting a
person for most offenses. Police officers do not need a warrant, however, if they
suspect a person has committed offenses such as treason, sedition, defamation of
the president, or unlawful assembly. Police rarely obtained warrants before
making arrests regardless of the offense.

Although the law requires that detainees appear before a court within 24 to 48
hours of arrest and be informed of the charges against them, authorities routinely
held detainees for as long as six months before trial. The HRC noted this abuse
remained common particularly in rural districts where subordinate courts operated
in circuits, because detainees could be tried only when a circuit court judge was in
the district.

Based on a constitutional presumption of innocence, the law provides for bail in

most cases. Bail is not granted for persons charged with murder, aggravated
robbery, narcotics violations, espionage, or treason. Before granting bail, courts
often required at least one employed person, usually a government employee, to
vouch for the detainee.

Detainees generally did not have prompt access to a lawyer. Although the law
obligates the government to provide an attorney to indigent persons who face
serious charges, many defendants were unaware of this right. The government’s
legal aid office and the Legal Resources Foundation provided legal services to
some indigent arrestees but could not meet demand.

Arbitrary Arrest: According to human rights groups, arbitrary or false arrest and
detention continued through the duration of the Lungu administration. Police often
summoned family members of criminal suspects for questioning, and authorities
arrested criminal suspects based on uncorroborated accusations or as a pretext for
extortion. For example, on April 13, police in Lusaka arrested UPND members
Ackson Sejani (a former cabinet minister), Vincent Lilanda, Javen Simoloka, and

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Fines Malambo, and detained them in police custody for a month without charges.
The suspects appeared in court on April 22, jointly charged with Veronica Mukuni,
wife of prominent traditional leader Chief Mukuni, for allegedly abducting Pheluna
and Milton Hatembo, two family members who in January unsuccessfully sued
President Hichilema, then opposition UPND leader, claiming he had illegally
obtained their land. Police also arrested civil society activist Partner Siabatuba on
March 10 in connection with the alleged abduction and detained him for more than
five days without charge, before releasing him. The HRC reported that the
detentions were baseless and politically motivated.

Pretrial Detention: Prolonged pretrial detention, including that of irregular

migrants awaiting trial or removal, continued to be a problem. On average,
detainees spent an estimated six months in pretrial detention, which often exceeded
the maximum length of the prison sentence corresponding to the detainee’s alleged
crime. Contributing factors included inability to meet bail requirements, trial
delays, and trial continuances due to absent prosecutors and their witnesses.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court:

Detainees have the right to challenge in court the legal basis or arbitrary nature of
their detention, but police often prevented detainees from filing challenges to
prolonged detention.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary. While the government
largely refrained from direct interference, the Ministry of Finance and National
Planning’s control of the judiciary’s budget continued to limit judicial
independence. In most cases authorities respected court orders.

Trial Procedures

The constitution provides for the right to a fair and public trial, but the judicial
system was influenced by the ruling party in cases in which it had an interest.
While the law provides the right to a presumption of innocence, to be informed
promptly of charges, and to be present at a fair and timely trial, these rights were
not consistently protected. There were reports of lengthy detentions without trial
and defendants who were not informed promptly of charges against them, and the

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overburdened and insufficiently resourced judicial system led to lengthy and
delayed trial procedures.

While defendants enjoy the right to consult with an attorney of their choice, to
have adequate time to prepare a defense, to present their own witnesses, and to
confront or question witnesses against them, courts rarely provide indigent
defendants with an attorney at state expense despite a legal requirement to do so.
Interpretation services in local languages were available in most cases. There were
no reports of defendants being compelled to testify or confess guilt. Defendants
have the right to appeal.

Political Prisoners and Detainees

Although there were politically motivated arrests, there were no reports of lengthy
detention or imprisonment of individuals for political reasons.

Civil Judicial Procedures and Remedies

Although individuals or organizations may seek redress for human rights violations
from the High Court, lack of access to affordable or pro bono legal services
prevented many persons from exercising this right.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home,

or Correspondence
The constitution and law prohibit such actions, but the government frequently did
not respect these prohibitions. The law requires a search or arrest warrant before
police may enter a home, except during a state of emergency or when police
suspect a person has committed an offense such as treason, sedition, defaming the
president, or unlawful assembly. There were no reports that government
authorities entered homes without judicial or other appropriate authorization. The
law grants authority to the Drug Enforcement Commission, the Zambia Security
and Intelligence Service, and police to monitor communications using wiretaps
with a warrant based on probable cause; authorities generally respected this
requirement. The government required cell phone service providers to register all
subscriber identity module (SIM) cards. In March the government enacted a new
cyber security law that expanded its capacity to restrict online expression and

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violate citizens’ privacy. The new law gave the government the power to intercept
private communications and curtail civil liberties, an activity the government was
reportedly doing already.

Section 2. Respect for Civil Liberties

a. Freedom of Expression, Including for Members of the Press and
Other Media
Although the constitution and law provide for freedom of expression, including for
members of the press and other media, it has provisions that permit restrictions of
these fundamental rights and freedoms in certain circumstances. In particular, the
law allows restrictions on freedom of expression in the interests of national
defense, public safety, public order, and public health, or for the purpose of
protecting the reputations, rights, and freedoms of others and maintaining the
authority and independence of the courts.

Freedom of Expression: During the Lungu administration the ruling Patriotic

Front government was sensitive to criticism, particularly from the political
opposition and civil society, and restricted the ability of individuals to criticize it
freely or discuss matters of public interest. For example, in May police arrested
opposition Economic and Equity Party leader Chilufya Tayali and charged him
with defaming then president Lungu. Tayali had criticized Lungu of allegedly
“funding” Patriotic Front partisans (known colloquially as “cadres”) to incite
political violence. In December police dropped the charge against Tayali.

Freedom of Expression for Members of the Press and Other Media, Including
Online Media: Independent media were active and expressed a wide variety of
views but not without some restrictions. The government published two of the
country’s four most widely circulated newspapers. One of the two privately owned
newspapers opposed the then ruling party, while the other supported the party and
the government. During the Lungu administration, opposition political parties and
civil society organizations contended government-run media failed to report
objectively.

In addition to a multichannel government-controlled radio station that broadcasts

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nationwide, 73 private and community radio stations broadcast locally. Some
radio stations experienced political pressure. Although some local private stations
broadcast call-in and other talk programs on which diverse and critical viewpoints
were expressed freely, media bodies claimed journalists who appeared on such
programs while Lungu was in office received threats from senior government
officials and politicians if seen as too critical. Independent private media outlets
also often received threats from the government during the Lungu administration
for providing broadcast time to the opposition. Then ruling Patriotic Front party
“cadres” attacked several private media houses and disrupted live programs
featuring opposition political leaders. For example, on February 11, cadres armed
with iron bars and slingshots attacked Liberty Community Radio Station in
Mporokoso district in Northern Province and disrupted a live radio program
featuring opposition Democratic Party leader and presidential candidate Harry
Kalaba. On March 10, Patriotic Front cadres again allegedly attacked and
teargassed Chete Radio Station in Nakonde district in Muchinga Province. This
was after the station featured then opposition UPND provincial chairman for
Muchinga Province Reverend Matthew Chilekwa and other officials. The Media
Institute for Southern Africa Zambia Chapter described the attack as “a threat to
freedom of expression and a hindrance to freedom of the press.”

Violence and Harassment: According to media watchdog organizations,

independent media did not operate freely due to restrictions imposed by
government authorities during the Lungu administration. While the government
broadly tolerated negative articles in newspapers and magazines, reports of
government officials and supporters of Lungu’s then ruling party harassing and
physically disrupting the work of journalists continued during Lungu’s time in
office. For example, on May 1, Patriotic Front cadres attacked and assaulted two
journalists at the Patriotic Front secretariat when rival Patriotic Front cadres
violently clashed during a meeting to welcome opposition National Democratic
Congress leader Chishimba Kambwili back to the Patriotic Front party. The cadres
attacked Francis Mwiinga Maingaila, a reporter at Zambia 24, a privately owned
news website, and Nancy Malwele, a reporter at the independent New Vision
newspaper. On June 24, the cadres set ablaze the Kalungwishi FM radio station in
Chiengi district in Luapula Province. Although the Independent Broadcasting
Authority (IBA) condemned these attacks, police reportedly did not sufficiently

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investigate cases of assaults against journalists and radio stations, and some media
houses were impeded from broadcasting or threatened with closure for unfavorable
reporting or insufficient coverage of then president Lungu.

Censorship or Content Restrictions: The Lungu administration was sensitive to

media criticism and indirectly censored publications or penalized publishers.
Numerous media watchdog organizations reported harassment and arrests related
to information disseminated on social media, threats by the government to
introduce punitive legislation against media personnel, restriction of their access to
public places, and undue influence compromised media freedom and resulted in
self-censorship.

During the Lungu administration authorities penalized media that criticized the
government by withholding licenses and government advertising funds. In April
2020 the government, through the IBA, closed Prime TV, a leading independent
media company that broadcast criticism of the government and the then ruling
party, ostensibly for failing to apply for renewal of its operating license on time.
The closure followed the television station’s refusal to broadcast government
COVID-19 announcements at no charge because station management stated the
government was in arrears in payments to the station. On August 17, following the
Patriotic Front’s loss of the August 12 elections, the IBA restored Prime TV’s
license, allowing it to resume operations.

Libel/Slander Laws: The Lungu administration and individual public figures

used laws against libel and slander against critics to restrict public discussion or
retaliate against political opponents. During the Lungu administration, the
government also often used sedition laws against its critics. For example, on April
26, Zambia’s then ambassador to Ethiopia and permanent representative to the
African Union, Emmanuel Mwamba, accused University of Zambia (UNZA)
modern history professor Sishuwa of sedition. This was in response to Sishuwa’s
article, “This is Why Zambia May Burn After the August Election,” in which he
discussed factors that could lead to potential unrest in the country after the August
12 elections. In a Facebook post, Mwamba called Sishuwa’s article an attempt to
“scandalize Zambia, harm its reputation, and impose a false and alarming
international narrative” and accused him of “being a hired gun.” In response,
Sishuwa sued Mwamba for defamation. Subsequently, Mwamba wrote a letter to

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then inspector general of police Kakoma Kanganja, which appeared to instruct him
to charge Sishuwa for inciting violence. Other senior government officials
reiterated threats against Sishuwa.

On April 19, the Lusaka Magistrates Court sentenced Fred Manya to three years in
prison for allegedly defaming president Lungu during a phone-in program.
Another person was sentenced to one year in prison for a similar offense.

Internet Freedom

During the Lungu administration internet freedom declined following the

enactment in March of a cyber security law that expanded the government’s
capacity to restrict online expression and violate the privacy of citizens, Freedom
House reported. The new law gave the government the power to intercept private
communications and curtail civil liberties, a practice the government during the
Lungu administration used. A report by the University of Toronto Citizen Lab
entitled Running in Circles: Uncovering the Clients of Cyberespionage Firm
Circles, released in December 2020, listed the country as using an international
surveillance tool to snoop on private communications of citizens and cracking
down on protestors and opposition leaders. The report stated that using the
“Circles” surveillance platforms, the government was able to access telephone
calls, text messages, and location services.

Chapter One Foundation reported that the new cyber security law threatened online
assembly and further restricted civic space and forced journalists and other
members of the public to engage in self-censorship for fear of being arrested for
related cybercrimes, including criminal defamation and sedition. For example, on
election day the government under the Lungu administration restricted access to
certain Internet platforms, including WhatsApp, Facebook, Twitter, and
Messenger, which were main sources of information and means of communication
for most citizens, especially youth. Access to all platforms was restored on August
14 after the High Court issued an injunction to stay the blocking order by the
Zambia Information and Communications Technology Authority following a
lawsuit by Chapter One Foundation. According to the HRC, there was no
legitimate existing circumstance to justify the restriction of internet freedoms.

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Academic Freedom and Cultural Events

During the Lungu administration authorities attempted to restrict academic

freedom and cultural events, and sanctioned academic personnel for their writing
and research. For example, in February Ministry of Health authorities, through the
National Health Research Authority, censured Dr. Lawrence Mwananyanda, then
an adjunct research professor based at Boston University School of Public Health,
for the article he and other researchers published in The BMJ on the fatal impact of
COVID-19 in an urban African population. In their findings, Mwananyanda and
others concluded that COVID-19 deaths were common in Lusaka and most deaths
occurred in communities without testing capacity and involved individuals who
had not been tested. Contrary to the Lungu administration’s assertion that COVID-
19 was rare, the authors argued that cases of COVID-19 were underreported
causing the impact of the pandemic to be “vastly underestimated.”

Similarly, on April 27, UNZA management disassociated itself from its modern
history professor, Sishuwa Sishuwa, for his article published in the Mail &
Guardian (a South African newspaper) on March 22, in which he underlined
factors that could lead to post-election violence in Zambia. In a press statement,
UNZA management suggested that Sishuwa, who was a postdoctoral fellow at the
University of Cape Town in South Africa, was not a university employee. More
than 100 prominent academics from leading universities condemned the action and
called on UNZA management to guarantee Sishuwa’s rights of academic freedom
and freedom of expression.

b. Freedoms of Peaceful Assembly and Association

The government at times restricted peaceful assembly, while generally respecting
freedom of association.

Freedom of Peaceful Assembly

The constitution provides for the right of freedom of peaceful assembly and
association; however, during the Lungu administration the government restricted
this right, and police and progovernment groups disrupted opposition and civil
society political meetings, rallies, and other activities.

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There were reports of police partiality in the application of the law, impunity for
violent actions, and excessive use of force by the police. During the Lungu
administration police frequently required opposition party or civil society
organizations critical of the government to hold meetings at unfavorable locations
and times. The law requires political parties and other groups to notify police in
advance of any rallies but does not require a formal approval or permit. In 1995
the Supreme Court declared provisions in the act that previously gave police the
power to regulate assemblies, public meetings, or processions unconstitutional.
Police, however, disregarded this ruling during the Lungu administration. Police
stopped opposition and civil society groups from holding public gatherings, and
imposed overly broad and unjustifiably long restrictions on such meetings, citing
COVID-19 regulations issued by the Ministry of Health. According to the
Christian Churches Monitoring Group (CCMG), there were 28 instances of
campaign space limitation, targeting mostly then UPND supporters.

In May police arrested and detained members of the Resident Doctors Association
of Zambia for staging a peaceful assembly to air grievances about the
government’s nonpayment of their salary arrears and allowances, among other
claims. Police Inspector General Kakoma Kanganja warned the doctors they
would be arrested if they continued with their assembly or participated in any
virtual meetings organized by Resident Doctors Association president Dr. Brian
Sampa. On June 7, the government terminated Sampa’s employment contract and
suspended his medical license. Police later arrested and charged him with “inciting
persons employed to provide essential services.” On September 7, the Lusaka
High Court ordered the Health Professional Council of Zambia to restore Sampa’s
license and awarded him damages amounting to 101,000 kwacha ($5,560) for loss
of income and legal costs, following successful litigation by Chapter One
Foundation, which represented Sampa.

Prior to the August 12 elections, the Patriotic Front government regularly

prevented opposition presidential candidates from campaigning, while allowing the
then ruling party’s presidential candidate and incumbent president and other
Patriotic Front officials to campaign freely.

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Freedom of Association

The constitution provides for freedom of association. While the government

generally respected the right to freedom of association, it retained some limits on
this right through various mechanisms. For example, although it generally went
unenforced, the law requires all organizations to apply for registration from the
registrar of societies. The registration process is stringent and lengthy and gives
the registrar considerable discretion. The law also places restrictions on funding
from foreign sources. For this reason, donors, including some UN agencies,
required all organizations to register before receiving funding. According to the
Southern African Center for the Constructive Resolution of Disputes, government
implementation of the law and NGO policy negatively affected the operations of
civil society organizations because it gave authorities the power to monitor and
restrict their legitimate activities.

c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at
https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement and the Right to Leave the Country

The constitution and law provide for freedom of internal movement, foreign travel,
emigration, and repatriation, and the government generally respected these rights.

In-country Movement: The former Patriotic Front government intermittently

restricted freedom of internal movement for internally displaced persons, refugees,
and stateless persons. Although police generally used roadblocks to control
criminal activity, enforce customs and immigration controls, check drivers’
documents, and inspect vehicles for safety compliance, there were reports police
used such interventions to limit participation in political gatherings, especially
during parliamentary and local government by-elections. For example, on July 30,
police detained then opposition leader Hakainde Hichilema at a Chipata airport
runway for two hours to prevent him from meeting his supporters to canvass for
votes. On August 3, police further blocked him from entering the Mpika, Isoka,
Nakonde, and Mbala districts where he was scheduled to meet his supporters.

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e. Status and Treatment of Internally Displaced Persons
There were not large numbers of internally displaced persons. The government
promoted the safe resettlement of the few groups displaced for construction or
other government-sanctioned activities.

f. Protection of Refugees
The government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing protection
and assistance to refugees, returning refugees, asylum seekers, and other persons of
concern.

Access to Asylum: The law provides for the granting of asylum or refugee status,
and the government has a system for providing protection to refugees. The law
gives the minister of home affairs wide discretion to deport refugees without
appeal or to deny asylum to applicants having asylum status in other countries;
however, there were no reported cases of asylum denial to applicants having
asylum status in other countries or of refugee deportation.

Freedom of Movement: The established encampment policy requires recognized

refugees to reside in one of three designated refugee settlements. According to the
Office of the Commissioner for Refugees, there were 71,728 refugees and 4,932
asylum seekers living in settlements as of August 31. There were also 24,696
former Angolan and Rwandan refugees. Only refugees who have received a
permit for work, study, health, or protection reasons may stay legally in urban
areas. Refugees in the settlements may obtain passes to leave the settlements for
up to 60 days, but police officers unfamiliar with different permits and passes put
them at risk of administrative detention. In May 2020 the government ordered
entry and exit restrictions at refugee settlements as a COVID-19 mitigation
measure.

Employment: The law requires refugees to obtain work permits before they may
engage in employment, including self-employment activities. Issuance of
employment permits is subject to normal immigration procedures, including a
government policy that requires the immigration department to ascertain that there

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is no qualified and available citizen to perform the job.

Access to Basic Services: The government provided basic social services

including education and health care to refugees without discrimination. The
government provided primary and secondary education in refugee settlements, and
secondary school for refugees living in urban areas, but it required a student permit
and the payment of school fees.

Durable Solutions: The government promoted safe, voluntary return,

resettlement, and local integration of refugees. In February the government issued
60 residence permits to former Rwandan refugees, the state-run Times of Zambia
reported. UNHCR reported that in recent years the government issued residence
permits to refugees with Angolan and Rwandan passports and offered them land as
part of a local integration program. The inability to secure passports and the
increase in the cost of residency permits during the year limited former refugees’
ability to participate in local integration efforts.

Temporary Protection: The government continued to provide temporary

protection to stateless persons found in the territory. The Office of the
Commissioner for Refugees reported that as of August 31, 4,932 asylum seekers
awaited status determination.

g. Stateless Persons
According to UNHCR, the country does not maintain statistical information
regarding stateless persons. In 2019 authorities reported a relatively small number
of undocumented habitual residents were integrated into local rural communities.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free
and fair periodic elections held by secret ballot and based on universal and equal
suffrage.

Elections and Political Participation

Recent Elections: The most recent national elections were held on August 12.

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The election, which marked the country’s third peaceful transition of power since
the reintroduction of multiparty politics, consisted of four separate ballots for
president, members of parliament, mayors, and local councilors. The opposition
United Party for National Development candidate, Hakainde Hichilema, won a
landslide victory with 59 percent of the vote. His closest opponent, incumbent
president and Patriotic Front candidate, Edgar Lungu, received 38.7 percent, and
14 other candidates received a combined 2.3 percent of the vote. The presidential
election was conducted under a majoritarian electoral system that requires a
candidate to receive more than 50 percent of votes to avoid a second-round runoff.

There were reports the electoral process was characterized by abuses and
irregularities. These included burdensome national voter registration time
limitations and lack of transparency in procedures (including access by observers),
opaque and inconsistent application of the Electoral Code of Conduct, and late
changes to accreditation procedures (including new requirements and without prior
consultation), which election experts and civil society observers assessed as undue
burdens that did not meet international standards of electoral process management.
On May 10, the Electoral Commission of Zambia (ECZ) announced a new voter
roll of 7,023,499 voters, replacing the existing one. Chapter One Foundation
alleged that ECZ’s decision to replace the existing register disenfranchised many
voters and led to a decline in the number of registered voters in the opposition
stronghold Southern, North-Western, and Western Provinces. Despite calls by the
public for an independent audit of the new register, ECZ insisted on conducting a
physical inspection.

Election observers and monitors reported that the election results management
process complied with transparency requirements at the polling stations and the
election was relatively peaceful. They also cited, however, widespread reports of
pre-election violence, political interference, abuse of incumbency, unbalanced
public media coverage, police actions, and legal restrictions heavily favored the
ruling Patriotic Front party, which raised questions about the fairness and
credibility of the electoral process. For example, on August 1, then president
Lungu deployed army troops on the streets across the country in reaction to
increased political violence. The president reinforced the troops on election day in
UPND stronghold areas of Western, North-Western, and Southern Provinces,

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following the killing of Patriotic Front’s North-Western Province chairman
Jackson Kungo and another person, allegedly by UPND cadres. Opposition
leaders described these actions as an “intimidation tactic.” In an August 14 press
statement, then president Lungu raised more concerns when he declared the
elections “not free and fair.” Lungu later conceded and congratulated the winning
candidate on August 16 and committed to a peaceful transfer of power, which
culminated in Hakainde Hichilema’s inauguration on August 24.

Political Parties and Political Participation: Since the advent of multiparty

democracy in 1991, political parties largely operated without restriction or outside
interference, and individuals could independently run for office. In recent years,
however, the government under the Lungu administration pursued activities that
undermined opposition parties, including targeted arrests of opposition party
leaders and members, denial of party registration, and general harassment. Prior to
the August 12 elections, media reported that the then ruling party continued to
enjoy the use of government resources for campaign purposes and at times used
police to harass opposition parties. During campaigns the former ruling
government distributed money as a “church empowerment fund” to religious
organizations. Members of the then ruling party also openly distributed money to
members of the public. Critics described such actions as tantamount to
“corruption” and “vote buying.”

The CCMG reported campaign statistics showed a limitation of campaign space for
opposition parties, which created an uneven playing field. On May 26, then
president Lungu directed the police to prevent members of political parties from
holding public rallies to prevent the spread of COVID-19. Police prevented or
interrupted opposition party meetings and blocked opposition leaders from meeting
supporters without citing any reasons. For example, on July 25, authorities at
Kenneth Kaunda International Airport prevented then opposition leader Hakainde
Hichilema from departing Lusaka after boarding a private aircraft despite having
been previously granted flight clearance. Similarly, on July 29, police officers
detained Hichilema at Chipata Airport and denied him entry into the district on the
grounds that he would be conducting political campaigns, according to media
reports. Police blocked the road leading to the airport and fired teargas at his
supporters. On January 31, ECZ announced that prisoners would be allowed to

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vote in the upcoming general elections based on the Constitutional Court’s 2017
ruling that the electoral law preventing convicted prisoners from voting was
unconstitutional. The government complied with the ruling and eligible prisoners
voted in the August 12 election.

Participation of Women and Members of Minority Groups: There are no laws

preventing women or members of minority groups from voting, running for office,
serving as electoral monitors, or otherwise participating in political life on the
same basis as men or nonminority citizens, and women and minorities did so.
Nevertheless, observers reported that traditional and cultural factors prevented
women from participating in political life on the same basis as men. For example,
the constitutional requirement of a high school education to qualify as a candidate
for election to public office had the effect of disqualifying many female candidates,
because they often were unable to complete secondary school due to traditional or
cultural factors such as early marriage.

As of September, 25 of 166 members of parliament were women. On September

3, members of parliament elected Nelly Mutti as the first female speaker of the
National Assembly. The country’s new vice president was also a woman. Overall,
however, few women occupied public decision-making positions. According to
the NGO Women and Law in Southern Africa, selective implementation of
policies and law undermined the full participation of women in political life.

Section 4. Corruption and Lack of Transparency in

Government
The law provides criminal penalties for officials convicted of corruption, and the
government attempted to enforce the law but did so inconsistently. Officials often
engaged in corrupt practices with impunity. Although the government collaborated
with the international community and civil society organizations to improve
capacity to investigate and prevent corruption, anticorruption NGOs observed that,
the enforcement rate was low among senior government officials and in the civil
service.

According to Transparency International Zambia, the conviction rate for those

prosecuted for corruption was 10 to 20 percent. The Patriotic Front government

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did not effectively or consistently apply laws against corrupt officials; it selectively
applied anticorruption law to target opposition leaders or officials who ran afoul of
it. Transparency International Zambia further reported that, during the Patriotic
Front administration, officials frequently engaged in corrupt practices with
impunity.

Corruption: Media reported numerous allegations of government corruption,

particularly in public procurement. For example, the Ministry of Health’s
procurement of 17 million dollars’ worth of defective and unsafe medical supplies
in 2020 and its alleged misapplication of COVID-19 donations made corruption a
key electoral issue during the national elections. Subsequently, former Minister of
Health Dr. Chitalu Chilufya, former Ministry of Health permanent secretary
Kakulubelwa Mulalelo, and others were arrested in connection with the scandal.
In July the Lusaka Magistrates Court acquitted Chilufya, Mulalelo, and others of
all charges relating to these allegations.

In June 2020 the Anti-Corruption Commission (ACC) arrested Chilufya, while

serving as minister of health, and charged him with four counts of possession of
criminally obtained property. The ACC offered no further evidence against him
and dropped the charges.

On June 24, the Lusaka Magistrates Court convicted former minister of community
development and social services, Emerine Kabanshi, of corruption-related charges
and sentenced her to two years of imprisonment. Kabanshi appealed to the High
Court and her appeal case remained pending at the year’s end. Kabanshi was also
arrested for abuse of authority of office by the ACC in 2019.

On December 7, former international minister Joseph Malanji was arrested by the

government for possessing property suspected to be proceeds of crime; he
remained in police detention at year’s end.

Section 5. Governmental Posture Towards International and

Nongovernmental Investigation of Alleged Abuses of Human
Rights
Several domestic and international human rights groups generally operated without

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government restriction, investigating and publishing their findings on human rights
cases.

Government Human Rights Bodies: The HRC is an independent body

established by the constitution to contribute to the promotion and protection of
human rights. The HRC monitored human rights conditions, interceded on behalf
of persons whose rights it believed the government denied, and spoke on behalf of
detainees and prisoners.

Section 6. Discrimination and Societal Abuses

Women
Rape and Domestic Violence: The law criminalizes rape and other sexual
offenses, and courts have discretion to sentence convicted rapists to life
imprisonment with hard labor.

The law does not include provisions for spousal rape. The law criminalizes
domestic violence between spouses and among family members living in the same
home. The law provides for prosecution of most crimes of gender-based violence,
and penalties for conviction range from a fine to 25 years’ imprisonment,
depending on the severity of injury and whether a weapon was used. The law
provides for protection orders for survivors of domestic violence and gender-based
violence, and such orders were issued and enforced. Despite this legal framework,
rape remained widespread. Although the law criminalizes rape and domestic
violence, the government did not consistently enforce the law.

To address the problem of gender-based violence, the government engaged

traditional marriage counselors on gender-based violence and women’s rights in
collaboration with NGOs. The government and Young Women’s Christian
Association worked to address these problems through community sensitizations,
shelters, toll-free lines, and one-stop centers where survivors accessed counseling
and legal support services. The Survivor Support Unit under the Zambia Police
Service, staffed with trained personnel, supplemented these efforts. Other efforts
to combat and reduce gender-based violence included curriculum development for
training police officers, roadshows to sensitize the public about gender-based

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violence, and instruction on how to file complaints and present evidence against
perpetrators.

A gender-based violence information management system in the government

Central Statistics Office strengthened monitoring and reporting of cases of gender-
based violence. The system, which allows for effective and comprehensive
reporting of gender-based violence and improved support, including legal services,
social, economic, and overall national planning, has increased the number of
reported cases.

Human rights-focused NGOs observed that the country’s dual system of customary
and statutory law made it difficult to combat and deter injustices against women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for

women and girls. The NGO Women and Law in Southern Africa and other human
rights-focused NGOs reported that labia elongation, the practice of pulling of the
labia which is intended to elongate the labia, was widely practiced. There were,
however, indications the incidence rate was declining, especially in urban areas.

Sexual Harassment: Sexual harassment was common, and the government took
few steps to prosecute harassment during the year. Although the law contains
provisions under which some forms of sexual harassment of women may be
prosecuted, the provisions are inadequate to protect women effectively from sexual
harassment. The NGO Gender Organizations’ Coordinating Council received
many reports of sexual harassment in the workplace but noted stringent evidence
requirements often prevented survivors from filing charges against their harassers.
Family pressure on survivors to withdraw complaints, especially when perpetrators
were also family members, also hampered prosecution.

Reproductive Rights: There were no reports of coerced abortion or involuntary

sterilization on the part of government authorities. Couples and individuals have
the right to decide the number, spacing, and timing of their children and to manage
their reproductive health free from discrimination, coercion, or violence. Lack of
access to information and services, however, remained a problem. Many women
lacked access to contraception and skilled attendance during childbirth, including
essential prenatal, intrapartum, and postpartum care.

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Barriers to access to reproductive health services included myths and
misconceptions regarding contraceptive use and inadequate reproductive health
infrastructure, including insufficient skilled health-care providers, communication,
and referral systems. These barriers were greatest in remote, hard-to-reach rural
areas, contributing to significant inequalities in access to and availability of
maternal and reproductive services. Access to menstrual health and hygiene
remained limited due to inadequate knowledge and poverty resulting in inadequate
funds to buy menstrual hygiene products. Teen pregnancy also remained a barrier
to education, but under the reentry policy girls who drop out of school due to
pregnancy are readmitted into school after delivery. Barriers to accessing post-
abortion care (PAC) included lack of information and inadequate sensitization on
the existence of PAC services, limited resources to provide PAC services, and
inadequate skilled staff, infrastructure, equipment, and commodities.

Through the Zambia-UN Joint Program on Gender Based Violence, the

government provided survivors of sexual violence access to sexual and
reproductive health services. Although emergency contraception was available,
service delivery points did not stock it due to funding gaps in the procurement
process and the stigma associated with getting the commodity in public health
centers. There was, however, an increased uptake of emergency contraception in
private health centers.

The maternal mortality ratio was 278 deaths per 100,000 live births in 2018. The
three major causes of maternal mortality were postpartum hemorrhage,
hypertensive disorders, and septicemia. According to the Zambia 2018
Demographic and Health Survey, 80 percent of childbirths were assisted by a
skilled provider, the pregnancy rate for girls and women between ages 15 and 19
was 29 percent, and the median age of having the first child was 19, indicating
limited contraceptive use among teenagers.

Discrimination: In contrast to customary law, the constitution and other laws

provide for the same legal status and rights for women as for men, including under
family, labor, property, and nationality laws. The government did not adequately
enforce the law, and women experienced discrimination. For example, customary
land tenure and patriarchal systems discriminate against women seeking to own
land. This situation restricted women’s access to credit as they lacked the

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collateral that land ownership provides.

Systemic Racial or Ethnic Violence and Discrimination

The law prohibits any form of discrimination including on ethnicity, and there
were no reports of violence or discrimination based on ethnicity. The government
generally permitted autonomy for ethnic minorities and encouraged the practice of
local customary law. Some political parties maintained political and historical
connections to tribal groups and promoted their interests. There are seven major
ethnic and language groups, Bemba, Kaonde, Lozi, Lunda, Luvale, Ngoni, and
Tonga, and 66 smaller ethnic groups, many of which are related to the larger tribes.

The government granted special recognition to traditional leaders nationwide. It

did not recognize the 1964 Barotseland Agreement that granted the Lozi political
autonomy and was signed by the United Kingdom, Northern Rhodesia, and the
Barotse Royal Establishment immediately prior to the country’s independence.
Some Lozi groups continued to demand official recognition of the Barotseland
Agreement, while others pushed for independence.

Children
Birth Registration: Citizenship is derived from one’s parents or, except for
refugees, by birth within the country’s territory. Birth registration was neither
denied nor provided on a discriminatory basis. Failure to register births did not
result in the denial of public services, such as education or health care, to children,
and there were no differences in birth registration policies and procedures between
girls and boys. Birth registration rates remained low, at 11 percent of children
under the age of five years old, UNICEF reported. Both state and nonstate
institutions accepted alternative documents to access other basic services.

Education: Although the law provides for free and compulsory education for
children of “school-going age,” it neither sets a specific age nor defines what is
meant by “school-going age.” These omissions left children particularly
vulnerable to child labor (see section 7.b.). The numbers of girls and boys in
primary school were approximately equal, but only 37 percent of children who
completed secondary school were girls.

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Medical Care: Boys and girls had equal access to state-provided medical care. In
July the UN Office of the High Commissioner for Human Rights issued a press
statement calling on the government to provide medical treatment to thousands of
children suffering from lead poisoning in Kabwe. It urged the government to “take
swift steps to clean up areas” in Kabwe “contaminated by residue from what was
once the country’s largest lead mine.” According to the World Health
Organization, more than 95 percent of children in the area had excessive blood
lead levels, meaning they were exposed to serious risks and harm. In 2020
approximately 2,500 Kabwe children who were tested under a World Bank project
were found to have extremely high blood lead levels and required immediate
chelation therapy, the most common treatment for lead poisoning.

Child Abuse: The punishment for conviction of causing bodily harm to a child is
five to 10 years’ imprisonment, and the law was generally enforced. Beyond
efforts to eliminate child marriage, there were no specific initiatives to combat
child abuse.

Child, Early, and Forced Marriage: The legal age of marriage is 16 for boys
and girls with parental consent and 21 without consent. There is no minimum age
under customary law. According to UNICEF, 29 percent of women between ages
20 and 24 had been married before age 18, and 5 percent before age 15. UNICEF
reported child marriage was largely between peers, rather than forced. Early and
forced marriages were prevalent, especially in rural areas. The government,
parliamentarians, civil society organizations, and donors worked together to fight
early and forced marriages. The government adopted a multisectoral approach to
stop child marriage, including keeping children in school, creating reentry policies
for girls who become pregnant, and strengthening the role of health centers for
sexual reproductive health. These efforts were articulated by the National Strategy
on Ending Child Marriage (2016-2021) started in 2017. Other efforts by the
government and other nonstate actors included community sensitization and
withdrawing children from child marriages, supported by several traditional
leaders. Some local traditional leaders nullified forced and early marriages and
placed the girls removed from such marriages in school.

Sexual Exploitation of Children: The minimum age for consensual sexual

relations is 16. The law provides penalties of up to life imprisonment for

Page 26
conviction of statutory rape or defilement, which the law defines as the unlawful
carnal knowledge of a child younger than age 16. The minimum penalty for a
conviction of defilement is 15 years’ imprisonment.

The law criminalizes sex trafficking of children and child pornography and
provides for penalties of up to life imprisonment for convicted perpetrators.
Demonstration of threats, force, intimidation, or other forms of coercion, however,
is required to constitute a child sex trafficking offense, which is inconsistent with
the definition under international law, and therefore, does not criminalize all forms
of child sex trafficking. The law requires prosecution of perpetrators and referral
to care for survivors of sex trafficking but authorities did not enforce the law, and
commercial sexual exploitation of children was common. According to UNICEF
transactional sexual exploitation, which refers to engaging in sexual activity in
exchange for basic needs, such food, clothes, or shelter, remained prevalent among
extremely vulnerable girls.

International Child Abductions: The country is a party to the 1980 Hague

Convention on the Civil Aspects of International Child Abduction. See the
Department of State’s Annual Report on International Parental Child Abduction at
https://travel.state.gov/content/travel/en/International-Parental-Child-
Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism
There were fewer than 500 persons in the Jewish community, and there were no
reports of anti-Semitic acts.

Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at
https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory,
intellectual, or mental disabilities in employment, education, transportation, access
to health care, and the provision of other government services.

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The Zambia Agency for Persons with Disabilities (ZAPD) reported the
government did not enforce the law; lack of accessibility in public transportation
and infrastructure and information access remained a problem. ZAPD reported
police and other government institutions did help prevent violence against persons
with disabilities by investigating allegations of violence.

The Ministry of Community Development and Social Services oversees the

government’s implementation of policies that address general and specific needs of
persons with disabilities in education, health care, buildings access, and electoral
participation.

A lack of consolidated and disaggregated data was a major impediment to the

inclusion of persons with disabilities in government programming and policy.
Persons with disabilities had limited access to education and correspondingly low
literacy levels. While the government did not restrict persons with physical or
mental disabilities from voting or otherwise participating in most civic affairs,
progress in providing for their participation remained slow. Persons with
disabilities also faced significant societal discrimination in employment and
education.

By law the government must provide reasonable accommodations for all persons
with disabilities seeking education and provide that “any physical facility at any
public educational institution is accessible.”

Public buildings, including schools, prisons, and hospitals, rarely had facilities to
accommodate persons with disabilities. Five schools were designated for children
with disabilities. Some children with physical disabilities attended mainstream
schools, but long distances to school restricted others from accessing education.
According to ZAPD, three types of education systems were accessible to children
with disabilities: segregated education (special schools), integrated education
(special units), and inclusive education. Most children with disabilities attended
special schools, while the rest attended special units. There were 150 schools
practicing inclusive education in selected provinces during the year. The
government also developed and promoted employment recruitment strategies for
persons with disabilities seeking to enter the civil service and had a university
student loan program for students with disabilities.

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Government inaction limited participation of persons with disabilities in the
electoral process, including voting. According to CCMG, most polling stations
were not accessible to persons with disabilities. For example, of the 965 polling
stations observed, 354 were not accessible to persons with disabilities, CCMG
reported. During the August 12 elections, information on voter registration and
elections was accessible and the government provided ballots in braille or digitally
accessible formats.

HIV and AIDS Social Stigma

The government actively discouraged discrimination against persons with HIV or
AIDS. Most employers adopted nondiscriminatory HIV and AIDS workplace
policies. Training of the public sector, including the judiciary, on the rights of
persons with HIV or AIDS increased public awareness and acceptance, but societal
and employment discrimination against such individuals persisted. The
government continued to make progress in changing entrenched attitudes of
discrimination against persons with HIV or AIDS.

Acts of Violence, Criminalization, and Other Abuses Based on

Sexual Orientation and Gender Identity
The law criminalizes consensual same-sex sexual conduct, and penalties for
conviction of engaging in “acts against the order of nature” are 15 years’ to life
imprisonment. Conviction of the lesser charge of gross indecency carries a penalty
of up to 14 years’ imprisonment. Under the Lungu administration the government
continued to reject calls to recognize and protect lesbian, gay, bisexual,
transgender, queer, and intersex (LGBTQI+) rights.

Police perpetrated violence and verbal and physical harassment against persons
based on gender identity and sexual orientation. LGBTQI+ persons were at risk of
societal violence due to prevailing prejudices, misperceptions of the law, lack of
legal protections, and inability to access healthcare services, and were subjected to
prolonged detentions. Many politicians, media figures, and religious leaders
expressed opposition to basic protections and human rights for LGBTQI+ persons
and same-sex marriage.

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According to LGBTQI+ advocacy groups, police routinely requested bribes from
LGBTQI+ individuals after arresting them. Bribes ranged from 500 to 15,000
kwacha ($30 to $900). Societal violence against LGBTQI+ persons continued, as
did discrimination in employment, housing, and access to education and health
care. LGBTQI+ groups reported frequent harassment of LGBTQI+ persons and
their families, including threats via text message and email, vandalism, stalking,
and outright violence. For example, an LGBTQI+ group reported that in March a
17-year-old intersex individual who applied for a job that required a female was
made to undress in front of a hiring official to confirm their gender. The group
alleged that the individual was not offered the job as a result of discrimination.

Freedom of expression or peaceful assembly on LGBTQI+ matters remained

nonexistent.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right of most workers to form and join independent
unions, conduct legal strikes, and bargain collectively. Statutory restrictions
regulate these rights; the government has discretionary power to exclude certain
categories of workers from unionizing, including prison staff, judges, court
registrars, magistrates, and local court justices. The law also requires the
registration of a trade union with the Ministry of Labor and Social Security, which
may take up to six months. The ministry has the power to refuse official
registration on arbitrary or ambiguous grounds. The labor commissioner has
authority to monitor the accounts of trade unions and recommend dissolution of
trade union boards if the union has violated the law or is dormant.

No organization may be registered as a trade union unless its application is signed

by at least 50 employees or such lesser number as may be prescribed by the
minister of labor and social security. With some exceptions, a trade union may not
be registered if it claims to represent a class of employees already represented by
an existing trade union. Unions may be deregistered under certain circumstances,
but the law provides for notice, reconsideration, and right of appeal to an industrial
relations court.

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The government, through the Ministry of Labor and Social Security, brokers labor
disputes between employers and employees. Casualization and unjustifiable
termination of employment contracts is illegal. The law defines a casual employee
as one engaged for less than a day.

In cases involving the unjustified dismissal of employees, the Ministry of Labor

and Social Security settles disputes through social dialogue, and any unresolved
cases are sent to the Industrial Relations Division of the High Court. Penalties
were not commensurate with those for other similar violations. The law also
provides a platform for employers, workers, and government to discuss matters of
mutual interest through the Tripartite Consultative Labor Council.

The law provides for collective bargaining. In certain cases, however, either party
may refer a labor dispute to a court or for arbitration. The International Labor
Organization raised concerns the law did not require the consent of both parties
involved in the dispute for arbitration. The law also allows for a maximum period
of one year for a court to consider the complaint and issue a ruling. The parties to
the collective agreement must conclude negotiations within three months or face
fines. Collective bargaining agreements must be filed with the commissioner and
approved by the minister before becoming binding on the signatory parties.

Except for workers engaged in a broadly defined range of essential services, the
law provides for the right to strike if all legal options are first exhausted. The law
defines essential services as fire departments, the mining sector, sewage removal,
and any activity relating to the generation, supply, or distribution of electricity and
water. Employees in the defense force and judiciary as well as police, prison, and
intelligence service personnel are also considered essential. Essential employees
do not have the right to strike; disputes must be referred directly to the Industrial
Relations Court. The process of exhausting the legal alternatives to a strike is
lengthy. The law also requires a union to notify employers 10 days in advance of
strike action and limits the maximum duration of a strike to 14 days. If the dispute
remains unresolved, it is referred to the court. The government may stop a strike if
the court finds it is not “in the public interest.” Workers who engage in illegal
strikes may be dismissed by employers.

The law prohibits antiunion discrimination and employer interference in union

Page 31
functions, and it provides for reinstatement and other remedies for workers fired
for union activity. Except for workers in “essential services,” no other groups of
workers are excluded from relevant legal protections. The law covers workers in
the informal sector but is seldom applied. The government did not effectively
enforce the law. Penalties for employers were not commensurate with those for
similar violations and were not effectively enforced.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law authorizes the
government to call upon citizens to perform labor in specific instances, such as
during war, national emergencies, or disasters. The government also may require
citizens to perform labor associated with traditional, civil, or communal
obligations. Disobeying a lawful order or command to perform labor in such
instances is an offense punishable by up to two years of imprisonment.

The law criminalizes all forms of forced or compulsory labor. Penalties for
conviction of violations range from a fine, up to two years’ imprisonment, or both.
Penalties were not commensurate with those for similar violations, such as
kidnapping.

The government did not effectively enforce the law. While the government
investigated cases involving a small number of victims, it did not investigate more
organized trafficking operations involving forced labor in the mining, construction,
and agricultural sectors. According to the Zambia Congress of Trade Unions, there
was no standard system for collecting data on forced labor.

Also see the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor, but gaps hampered adequate
protection of children. The law prohibits the employment of children younger than
age 15 at any commercial, agricultural, or domestic worksite or engaging a child in
the worst forms of child labor. The employment code consolidates all child-related
labor laws into a single law to provide regulations on the employment and

Page 32
education of children. Restrictions on child labor prohibit work that harms a
child’s health and development or that prevents a child’s attendance at school.

The government did not effectively enforce the law in all sectors, particularly in
the informal sector where child labor was prevalent. Resources, inspections, and
remediation were inadequate. Penalties were not commensurate with those for
similar violations such as kidnapping. The law does not stipulate an age for
compulsory education, and children who were not enrolled were vulnerable to
child labor.

The labor commissioner enforced minimum age requirements in the industrial

sector, where there was little demand for child labor, and prosecuted some cases of
child labor. The government seldom enforced minimum age standards in the
informal sector, particularly in artisanal mining, agriculture, and domestic service.
The government reported that the National Steering Committee on Child Labor
was reconstituted during the year, consisting of government representatives,
employers, trade unions, and civil society members, and remained active in
overseeing child labor activities. The government collaborated with local and
international organizations to implement programs combatting child labor.
Because most child labor occurred in the agricultural sector, often on family farms
or with the consent of families, inspectors from the Ministry of Labor and Social
Security focused on counseling and educating families that employed children. In
some cases, such work also exposed children to hazardous conditions. Scarcity of
financial and human resources, including lack of transportation, hampered the
ability of labor inspectors and law enforcement agencies to investigate alleged
violations and successfully prosecute cases.

Child labor remained prevalent, particularly in agriculture, including the

production of tobacco, herding, fisheries, domestic service, construction, farming,
commercial sexual exploitation (see section 6, Children), quarrying, begging, and
mining. According to the Ministry of Labor and Social Security estimates, there
are 38.3 percent and 44.4 percent of unpaid and paid incidences of child labor in
the country. UNICEF noted discrepancies between the right to education and child
labor laws in the country; the employment code allows children ages 13 to 15
legally to be engaged in light work that is not harmful to the child’s health or
development and education.

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Also see the Department of Labor’s Findings on the Worst Forms of Child Labor
at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings, and
the Department of Labor’s List of Goods Produced by Child Labor or Forced
Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods.

d. Discrimination with Respect to Employment and Occupation

The employment code prohibits employment discrimination based on race,
religion, national origin, color, sex, ethnicity, disability, age, or refugee status but
does not specifically prohibit such discrimination based on HIV and AIDS status,
sexual orientation, or gender identity. Various organizations had policies that
protected individuals with HIV or AIDS. Although the employment code provides
for maternity leave, it requires a worker be continuously employed for two years
before being eligible for such leave. Some NGOs warned the code was likely to
have a negative impact on women because potential employers would see hiring
them as a financial risk, since the increased maternity leave allowance provides for
up to 14 weeks with full pay. The law prohibits termination or imposition of any
penalty or disadvantage to an employee due to pregnancy.

The government did not consistently enforce the law. There were reports of
discrimination against minority groups. Undocumented migrant workers are not
protected by the law and faced discrimination in wages and working conditions.

Discrimination in employment and occupation occurred with respect to gender,

disability, sexual orientation, and gender identity. LGBTQI+ persons were at
times dismissed from employment or not hired because of their sexual orientation
or gender identity. Women’s wages lagged men’s, and training opportunities were
less available for women. Women were much less likely to occupy managerial
positions. Persons with disabilities faced significant societal discrimination in
employment, education, and access to the workplace.

e. Acceptable Conditions of Work

Wage and Hour Laws: The law allows the Ministry of Labor and Social Security
to set wages by sector; the category of employment determines the minimum wage
and conditions of employment. The minimum wage categories, last revised in

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2019, at the low end were slightly above World Bank poverty estimates for a
lower-middle-income country but lower than the Basic Needs Basket. Before an
employee commences employment or when the nature of employment changes, an
employer is required to explain employee conditions of employment, including
about wages. For unionized workers, wage scales and maximum workweek hours
were established through collective bargaining. Almost all unionized workers
received salaries considerably higher than the nonunionized minimum wage.
Penalties for violations of wage and hour laws were commensurate with those for
similar violations.

According to the law, the normal workweek should not exceed 48 hours. The
standard workweek is 40 hours for office workers and 45 hours for factory
workers. There are limits on excessive compulsory overtime, depending on the
category of work. The law provides for overtime pay. Employers must pay
employees who work more than 48 hours in one week (45 hours in some
categories) for overtime hours at a rate of 1.5 times the hourly rate. Workers
receive double the rate of their hourly pay for work done on a Sunday or public
holiday. The law requires that workers earn two days of annual leave per month
without limit.

Occupational Safety and Health: The law regulates minimum occupational

safety and health (OSH) standards in industry. According to the Workers
Compensation Fund Control Board and the Ministry of Labor and Social Security,
government OSH standards are appropriate for the main industries. The law places
on both workers and experts the duty to identify unsafe situations in a work
environment.

The government did not consistently enforce wage, hour, and safety laws.
Inspection was inadequate and did not extend to the informal sector. Safety and
health standards were only applied in certain sectors of the formal economy.
According to the Zambia Congress of Trade Unions, compliance levels to
standardized overtime pay were low due to insufficient enforcement.

Reported incidents of Chinese-owned firms forcing workers into quarantine to

prevent the spread COVID-19 among them continued. For example, SinoHydro, a
Chinese company working at the Kafue Gorge Lower Hydro Power project in

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Kafue, forcibly held its workers under lockdown from March 2020 until October
2021 during the COVID-19 pandemic, the Human Rights Commission reported.

The government engaged with mining companies and took some steps to improve
working conditions in the mines. By law workers may remove themselves from
situations that endanger health or safety without jeopardy to their employment, but
authorities did not effectively protect employees in these situations. Despite these
legal protections, workers generally did not exercise the right to remove
themselves from work situations that endangered their safety or health, and
workers who protested working conditions often jeopardized their employment.

Violations of wage, overtime, or OSH standards were most common in the

construction and mining sectors, particularly in Chinese-owned companies, and
among domestic workers.

Informal Sector: The informal sector employs approximately 90 percent of the

labor force. Labor laws apply to the informal sector, but they are rarely enforced.
Agriculture was the biggest sector in the informal economy, but much of the
artisanal mining and construction sectors were also informal.

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