The Focus on a NON ISSUE
Lately, national debate has centred on the press conference that was held in the Republic of South Africa by a group of politicians and some members of civil society, prominent among them, Movement for Multiparty Democracy (MMD) president Dr Nevers Mumba, United Party for National Development (UPND) president, Mr Hakainde Hichilema, and United Liberal Party (ULP) president Mr Sakwiba Sikota.
Sadly, the debate has centred, not on the substance of the press briefing, but on whether it was justifiable for the concerned people to hold a press briefing in a foreign country and supposedly ‘denounce’ their own country. This approach has tended to relegate the main concerns being raised by the concerned grouping.
However, lest we are perceived to be trivializing this concern, we believe as a Human Rights Commission, and this is also common practice, that for any matter pertaining to human rights violations to be addressed and positively tackled by international and regional bodies including the United Nations and the Commonwealth, it must first be addressed by all possible legal and other recourses at national level, i.e. within the country.
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These developments suggest that something may have seriously gone wrong in our country and this is what our Government must rise to and address.
[/pullquote]On this score, questions may justifiably be raised as to whether all such possible local avenues were exhausted with regard to the alleged human rights violations as outlined in the dossier submitted to the Commonwealth by the concerned grouping. The answer, to our knowledge, to this assertion is No, as some of the matters raised are still pending adjudication before our courts of law in Zambia. One such matter is as pertains to the interpretation of the Public Order Act, which the Law Association of Zambia (LAZ) has taken to court.
However, having said that, from a human rights point of view, there is absolutely nothing wrong with people, irrespective of their nationalities or political affiliations, addressing press conferences in foreign countries to draw attention to what they may perceive as violations of human rights of nationals by their sitting governments. Examples of this abound in many parts of the world. The right to freedom of expression, as espoused in Articles 19 of both the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which instruments Zambia has acceeded to, entails that one should enjoy the right to hold opinions and express them using a variety of possibilities including speech, writing, art and so on, in imparting and receiving.
In today’s technological world, one can use a variety of media including social media, which readily and easily carries the message to an international audience just at the press of a button. It follows, therefore, that for one to “expose Zambia’s dirty linen” to the international audience, does not necessarily have to go abroad to do it. Whatever is carried by our local media can be accessed by the international community very easily. To this effect, the fact that the concerned grouping addressed foreign press in a foreign country to complain about some alleged human rights violations in our country is essentially a NON ISSUE.
Targeted Politicians do not suffer when Sanctions are imposed on a country
As for calls made by the concerned grouping for sanctions against Zambia, the Human Rights Commission states that it is very uncomfortable with the call to suspend Zambia from the Commonwealth and impose sanctions on her. Experience has shown elsewhere, that the targeted politicians do not suffer when sanctions are imposed on a country. The brunt of the sanctions is fully borne instead by the innocent majority people in the affected country who have little influence on the political direction of the country once they have elected a government into office. As such, the Human Rights Commission totally disagrees with this call as it might lead to more rights being denied to the common people of Zambia.
[pullquote]The people of Zambia must carefully study this document so that they make their own judgment whether what is being alleged is true or not in fact.[/pullquote]
As stated earlier, however, we must not lose sight of the substance of the press briefing or the contents of the 39 page dossier which has been submitted to the Commonwealth by the concerned grouping. This, in effect, is what should interest us all. The people of Zambia must carefully study this document as it is in the public domain, and also evaluate the substance of the press briefing so that they make their own judgment whether what is being alleged is true or not in fact.
In our view, the complaints about human rights violations may be justifiable in certain instances. Lately, Zambia has indeed experienced suppression of some of the fundamental rights and freedoms, and in the greater majority of instances, this has been directed at prominent politicians and selected political parties which, it may be speculated, are seen as the major threat to the ruling Patriotic Front (PF).
The PF Governments silence to address issues raised
We will not go into listing these violations because they are being debated almost on a daily basis and are now common knowledge. What concerns us now is that the Government has so far not been seen to take public steps to address these concerns that are being brought forward by its own people regardless of their political affiliation. What the Human Rights Commission expects is that the Government should lead the way by sitting down with the various political parties and dialogue on whatever concerns are raised in the spirit of our democratic dispensation. Lack of genuine dialogue between the Government and opposition political parties can easily lead to desperation and exasperation on the part of those that may feel not to be part of the country’s democratic process and thus seeking foreign intervention in frustration.
Consequently, as a Commission, in our capacity as a constitutionally established national human rights watchdog, we now earnestly and urgently call upon our Government, to initiate genuine dialogue with all political parties that have concerns regarding the running of the affairs of our country. After all, that is what is expected of a listening Government.
A call to a National Dialogue
Now that matters have gone so far as to allegedly involve the international community, this should not be an impediment to have local dialogue. We cannot over emphasise the desirability of having locally initiated solutions to our local challenges. At a cost of repetition, what is most appropriate at this point is a deliberate effort to commence dialogue among all concerned parties with honest intentions on both sides to arrive at a positive and mutually beneficial result. We should add here that concerns raised by the said grouping may not just be reserved to political players in the country. Other segments of the Zambian society, including the Council of Churches in Zambia (CCZ), the Evangelical Fellowship of Zambia (EFZ) and the Law Association of Zambia (LAZ), in addition to several NGOs and individuals, have all raised concerns on these human rights issues with the Government.
The Catholic Bishops recently issued a Pastoral Letter which also touched on violations of human rights in our country. All these various segments of our country cannot be speaking from without. These developments suggest that something may have seriously gone wrong in our country and this is what our Government must rise to and address. It is the firm view of the Human Rights Commission that our precious and enduring national unity and peace must transcend our political diversity.
As a Human Rights Commission, ours is therefore a non partisan call to all stakeholders to a national dialogue and this must be done now.
By Pixie Kasonde Yangailo
Chairperson, Human Rights Commission.
You need to prove that a section of the population is under oppression. In my view, the number are so minimal.
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You seem to be sick
I think if you suppress a leader of a political party, stop him from holding political rallies, etc, you’re also suppressing his supporters. And considering the two main opposition parties have bigger numbers and together got more than 50% of the vote than the ruling party, the numbers of oppressed citizens is substantial.
@Johnstoned, even your name states that you are under the influence of marijuana. That said, why don’t you argue with substance and not emotion. Carry out an opinion poll of non cadres and give us numbers of those whose human rights are being abused. This is politicking from desperate men. Human rights allegations are serious ask our brothers in Kenya or Sudan and you’ll understand a thing or two.
@Ricky Bobby, that is not substantial enough. Less than 10% of voters are actually card holding members of these parties and seeing that you are a reasonable writer, you’ll attest to the fact that Zambia has almost 90% of the electorate as independents. I really think it is inconclusive to state that there are human rights abuses in Zambia. These cadres are violent by approach and police respond proportionately. That said, Zambia’s police men have too much power that needs to be suppressed.
One person opressed, one person to many
I am for Zambia…the past events are not what we are or what we want Zambia to be. The govt being in a position of power should take hold of Zambia and show maturity. People should be allowed to air the opinions in a fair and mature manner. Let the constitution be allowed to be the law…Opposition parties should also be responsible for peace in Zambia. At the end of the day, THE ZAMBIA PEOPLE ARE WATCHING…WE ARE WATCHING. God bless the republic indeed.
For the first time some sensible voices are being heard from other qouters..The Post that used to speak for us is PF, police is PF, civil society mute,,only the judiciary is trying.. VIVA HH,NEVERS,SAKI,LUBINDA,NKHOMBO..one day God will say YES.
IN MY VIEW THERE IS NO VIOLATION OF HUMAN RIGHTS IN ZAMBIA. WHAT WE HAVE IS A CROP OF OPPOSITION POLITICAL PARTIES WHO BELIEVE THAT THEY ARE BETTER THAN PF. YOU CAN TELL THIS BY THEIR DISPARAGING REMARKS AT WHATEVER THE PF GOVERNMENT DOES. THE PRESIDENT IS INSULTED EVERY DAY ON ZWD BY THESE PEOPLE. THEY THOUGHT THEY WERE SUPPOSED TO WIN THE 2011 GENERAL ELECTIONS. WHEN THINGS TURNED TO THE CONTRARY. THEY VOWED TO MAKE ZAMBIA UNGOVERNABLE. THESE PEOPLE SOMETIMES PROVOKE SITUATIONS AGAINST THE LAW AND ONCE THE LAW CHALLENGES THEM THEY CRY THE LOUDEST THAT SATA IS A DICTATOR, HE IS TARGETTING US, HE IS A BAD MAN. THE ORDINARY ZAMBIANS HAVE NOT SEEN WHAT THESE PEOPLE CLAIM. SO THEY HAVE GONE ON A GLOBAL CAMPAIGN DISCREDITING THEIR OWN COUNTRY. THIS MAKES SATA MORE POPULAR AMONG ZAMBIANS.
Totally off tangent, do you know what you are talking about?
The purpose of having a political party is a conviction that yours is the best party otherwise what would be the point. This is why each party must be given equal rights.
@ Kachali. I AGREE WITH YOU. BUT IN THE PROCESS YOU HAVE TO RESPECT THE OPINION OF PERSONS WITH A COTRARY VIEW. DONT AIM AT PULLING THEM DOWN, INSULTING THEM, CALLING THEM NAMES. DEBATE YOUR CASE CONSTRUCTIVELY PROVING AND CONVINCING VOTERS THAT YOURS IS THE BETTER PARTY. THATS WHAT WE NEED. ZAMBIANS ARE NOT DULL. THEY WILL LISTEN TO YOU IF YOU CONVINCE THEM. NOT WHAT WE ARE SEEING. PERSONAL ATTACKS, NOW MURDERS, BLOOD SHED, MACHETE-WIERDING ETC.
I totally agree with u. these are are just misguided opposition leaders who thought it was better to loss to to R.B than let Sata win. it was a miracle for them that SATA won and is in State House.
Continue dreaming; there is nothing on planet earth that can make Sata popular in Zambia. This is a bitter pill to swallow but it is the truth. The man has just mismanaged himself by not paying attention to people’s cries.
Pixie you are responsible,am feeling nausea with what you have said.
Where are you Pixie when human rights are being violated day in day out locally by PF,and you want opposition parties to suffocate within.You seem to have been hired by Ukwa.
THIS SO CALLED HUMAN RIGHTS COMMISSION IS VERY BIAS. HOW COME WHEN RUPIA BANDA KILLED PEOPLE IN WESTERN PROVINCE THEY NEVER RAISED ANY WORD AT ALL? THESE OPPOSITION PARTIES ARE JUST NOT RESPONSIBLE FOR WHAT THEY DO. ARE THEY TELLING ME THAT CALLING THE PRESIDENT AS A MAN WITH NO BRAINS IS NOT A HUMAN RIGHTS ISSUE? WHY HAVE THEY NOT SAID ANYTHING CONCERNING LUCK OF RESPECT TO THE HEAD OF STATE?
WHO REPORTED?
The pOST off course.
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Deleted stick to pertinent issues
PF should be sanctioned…the Human rights abuse is too much..look at what garry is going through..how do you allow a person with a fractured arm to stay for days..?its torture..Mwaliteta the villageless cadre should go in..
We currently have a constitution-making process going on which I believe should be a golden opportunity to engrave certain things and erase others. It should no longer be a crime to speak one’s mind about ANYONE holding public office. Every citizen, regardless, must be given opportunity to expose either their disdain or their pleasure providing they do not physically and negatively influence their surroundings. As for the present state of affairs – dialogue is not a dirty word. It simply means addressing perceptions or facts in order to straighten up and move forward.
How can someone so old in that picture be crying like a little girl that has lost their toys
African mentality just leaves me in awe and anger.
Act your age please, when Nick hits me I don’t cry to get attention I lock myself in the room cry and i follow what he says there after in terms of cooking and cleaning up
I am sick and tired of seeing women not acting their age!
Thanks
So Nick is a woman basher? Sorry for you.
When ‘hits’ you…you should act your age and leave him! I guess you are sick and tired of yourself lol!
Kids Comments in this manner, human rights in the show, and then Leave the HRC to also enjoy HR. but i can guarantee u, Zambia will not be under sanction coz of these selfish politicians
Pixie your analysis of the events in Zambia is half baked to say the least. You sound like some one who does not represent an organization of international standard. You are opinionated as can be seen even from the caption on this article. You seem to sway the readers by your picture before they can make informed(in this case dis-informed) decision about your article. I really doubt if you deserve that post with this type of bias analysis. Its a poor article full of hidden bad feelings unleashed at a wrong time.
Events in Zambia, as seen even from outside as we read news daily, are not as you have portrayed them. You have brown it out of proportion.
How do you expect Sata to have a fruitful dialogue with people like HH who ,once upon a time, went into a marriage of inconvenience with PF…
hoping Sata would die soon and he would take over the reigns of power in a smooth manner? When he realise how tough Sata is he backed out . At the same time he was prostituting with Banda. Honestly look at the past to analyse your present senario we find ourselves in. HH cant stand the presence of Sata may be Nervous Mumba may stomach it. Compare this relationship about these leaders and you would make a good analysis. The police are simply doing their job professionally but the so called oppositions opposes all advise from police. Now we have murder and murder every campaign and all that is due to Sata?
#13. Yes is due to Sata.
Under Chiluba, at each rally there was a pastor to pray first. Count how many reverends and pastors in Chiluba resign starting at: Dan Pule, before you even get to Never Mumba.. Compare that to thugs in PF.
@mbezi beach,, if sata dies today or died yesterday is NO problem, a leader will emerge it might not be HH, Mumba or miyanda, but be sure there will come a good leader … not these bananas we have currently .
There is nothing professional about the police and the problem with PF is that when you counter their points then you are an enemy… they(pf) donot know the difference between an enemy and political opposition
One simple question to the naysayers, would the opposition parties and NGO’s that held the press conference in South Africa have been allowed to do so in Zambia? Would they not have been arrested as has already happened to Nevers Mumba and HH? Are NM and HH not currently facing charges for doing exactly that in Zambia? Where is the freedom and democracy in Zambia when one if forced to go to a neighbouring country in order to be able to express one’s political opinions?
BA Pixie Ati ”Now that matters have gone so far as to allegedly involve the international community, this should not be an impediment to have local dialogue.” Any well meaning Zambia will tell you that the purported human rights abuses are as a result of failed politician who want to discredit H E MCS in the hope that he will lose the popular support of the Zambians he is currently enjoying.Remember they tried homosexuality it failed,Sata will bring war and Sata will stop the FISP. Please HH and Never find something else Gambian are not dull.
Who has paid for Miles Sampa’s $20,000 class at Harvard University. Is it out of pocket or is the government footing this bill? How is his one month stay at Harvard going to help the people of Zambia. Sata is the one who should have gone, he could use some education.
Miles Sampa is very narcissistic, he has at least 2 websites of himself where he posts pictures of himself playing in the snow at Harvard on tax payer money. And Zambians are quiet about it. Lwenu!
Jealousy bane, what that got to do with the topic.
Mama Pixie KASONDE Yangailo. Thanks for making an appearance at this fora.
I hav heard of a body called’ human rights commission’ in Zambia. I have always had this impression that the so called Human Rights body in Zambia is there for the protection of criminals. What do I mean? When someone kills another, the killer is never condemned by this HRC but when the killer is sentenced to hang this so called HRC is first to condemn. When rights are being abused by GVT they are as quiet as night but when opposition complain they speak out. How ironic. You know Pixie that opposition are not allowed to meet even in closed doors without risking arrest. Do u live in Zambia or are a visitor.
It is not just Zambians that are suffering constant breaches of human rights. What about foreigners which are subjected to constant intimidation and Minister of Home Affairs orders of deportation under the pretext “in the interest of State security” and without any evidence. If the same treatment was applied to Zambians overseas, all Zambians will complain about discrimination. And still, no NGO working in Zambia has raised issue. Why? Are the foreigners subject to different interpretation of Art. 11 (a) of the Constitution of Zambia? LAZ has been conspicuous by the silence on the matter.
Using foreign territory to hold press conferences against an elected government raises philosophical issues more than it raises legal issues. This is a clear example of an aberration of the normal enjoyment of one’s human rights and freedoms. I am not aware of any intellectuals or party leaders from the more advanced nations that employed such methods. It can be understood in terms of espionage or kleptomania, depending on the nation’s ideological fervor. Let us agree to disagree and make progress. The content and substance of the document could also be deemed political provocation intended to sow alarm and despondency in the minds of unsuspecting members of the community. As for the Church, incidences of collaboration ans betrayal have been recorded in the past.
Why has it taken the HRC this long to wake up? I thought they should be leading the initiatives to ensure dialogue on human rights issues are kept highlighted at all times. This is a bit of inefficiency.
WHAT IS BEING ALLEGED IS NOT TRUE. JUST SEE THE CALIBER OF PEOPLE WHO CONGREGATED IN SOUTH AFRICA. ALMOST ALL OF THEM HAVE A SERIOUS CASE CASE TO ANSWER TO. THEY ARE OUT THERE TO DISRUPT THE COURSE OF JUSTICE ON THEIR ALLEGATIONS AGAINST THEM. THEIR BITTERNESS FOR LOSING THE 2011 ELECTIONS WHICH HAS FILLED THEIR BRAINS AND CONTINUED UP TO THIS TIME MAKES THE WHOLE CONGREGATION DUBIOUS. EVEN THE INVOLVEMENT OF ARMSTADAM THE OLD FUN LAWYER INVITES A LOT OF QUESTION OF DOUBT OF THEIR GOOD INTENTIONS. ARSTADAM IS ONLY INTERESTED IN RB’S STOLEN PUBLIC MONEY MORE THAN ANYTHING ELSE. AND HE’S VERY MUCH AWARE OF THE STUP!D!TY OF AFRICAN LEADERS WHO STILL MONEY ONLY TO GIVE IT TO WHITES IN WESTERN COUNTRIES. ASK NIGERIANS ON THIS ONE.
Such a weak statement from the Human Rights Commission! Why are they afraid of government – no wonder the government tends to implement the Public Order Act in the way it does without regard for an institution such as the Human Rights Commission.
Who funds the HRC? this is a weak article,please be firm and bold when presenting articles especially from your institution.
We all know who brought the Panga system to Zambia during the days we were fighting against the the third term. Now it’s gone to a new level. If we continue at this rate, the future is frightening!
Wake up Stella Libongani. The thugs you are protecting and shielding will destroy this country. We are all in danger regardless of which party one subscribes to.
As for the Human Rights commission, all our Government has to do is show that everything is going accordingly and we will not face sanctions. Why should we be going all hysterical if all is well with our human rights?
May God protect our mother land because the police are failing lamentably.
The Peeper.
I think the reaction by the Human Rights Commission has come a bit too late. One would even think that they have reacted because the Commonwelath Human Rights Commission is here to follow-up on the allegations put across by the opposition. There have been so many injustices and the HRC has been silent. The killings in Kabwe were another disaster because the commission was siding with the police instead of carrying out an independent investigation. Without Muvi TV we would have not known the truth. The commission is compromised and should not start writing useless statements when they see that investigators have come. This body is supposed to have been speaking for the rights of the people but it has been quiet all along. How do we believe you now when you have shown partisanship?
Who appoints the chair of the Human Rights Commission in Zambia?-The President.
Why is it that now HRC has seen that there are human rights abuses in Zambia?
Ans:Because the HRC has been informed that the team from the commonwealth will be in Zambia on the 5th of March,2013 to collect evidence so HRC is doing window dressing
Why did HRC bring up this issues before or earlier on?
Ans:Because Bwinjimfumu Road had not sanctioned it. As can be seen in today’s post where Bwinjimfumu road has published a photo of a suspected UPND cadre who assaulted by PF thugs,to portray the commonwealth guys that also Bwinjimfumu road covers opposition parties fairly and squarely.
its a bit too late Pixie Kasonde Yangailo to serve yourself and your masters the damage has already being done.
I don’t trust HRC. In this confused statement,they acknowledge the deteriorating human rights in Zambia, at the same time they are insisting that the opposition should not have gone to South Africa to expose these abuses,but should have instead addressed them in Zambia in the same country where freedom of expression is rare and where they faced possible arrest for exercising the same. This is ironical clap trap. They further argue that economic sanctions won’t hurt government but hurt poor people. Sounds familiar doesn’t it? In the old Rhodesian “constructive engagement” theory by Reagan & Thatcher. Now that this theory is being espoused by HRC,a rights activists, is mind twisting. I don’t trust them!
Why issuing this letter now after the commonwealth representatives are in the country, this should have been done in the past.Zambia needs practical solutions from local ngo’s and CSO’s and not to be seen to be working only when international bodies intervene.Where has this organization been when Zambia needed help.
This HRC statement doesn’t add up. There are actually saying to those that went to RSA to complain to the commonwealth; ” but we HRC are here in Zambia, why did u do a ‘fly past’ without first complaining to us?”. Further they say, “now look u are making us look ineffective and irrelevant, don’t u know we exist and by the way your complaints won’t really touch Sata, so u are wasting your time!” HRC is funded by Government, there is an ‘invisible hand’ pulling the strings in that organization. Mark my words. Who’s fooling who?
The amount of intolerance to opposing views is scary. This is not just from government, but also from opposition. When you disagree with any of them, see the amount of insults they heap on you. Try saying anything about HH and see the amount of insults UPND supporters will heap on you. MMD will call anyone who disagrees with them a PF cadre and a Kaponya. Having said all that, thanks for bringing in your slavemasters (the commonwealth) so that they can see once and for all who is childish in our society.
Useless and biased Organization. Why did you not call for dialogue for past 18 months? Why calling now?