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    Home»Legal»Zambia must amend restrictive laws, protect defenders
    Legal

    Zambia must amend restrictive laws, protect defenders

    Chris AnuBy Chris AnuOctober 20, 2026No Comments5 Mins Read
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    Zambia must amend restrictive laws, protect defenders
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    Following its obligation under article 62 of the African Charter, Zambia presented its periodic report informing the African Commission on Human and Peoples’ Rights of the steps taken to guarantee the rights enshrined in the Charter.

    During the presentation of its report, Zambia’s Minister of Foreign Affairs and International Cooperation shared some of the country’s main achievements during the reporting period.

    In December 2022, Zambia abolished the death penalty. Following this measure, the President of Zambia commuted 390 death sentences into life imprisonment.

    In  2024, the enactment of the human rights commission Act number four, which marked a significant milestone as it expanded the scope of the work of the Commission to cover civil, political, economic, social and cultural rights.

    In addition, it strengthened its independence, it gave it clearer authority to investigate violations and follow up on recommendations from international and regional human rights mechanisms and made it the oversight body monitoring the implementation of the Access to Information Act adopted in 2023.  

    Following the presentation, Commissioners were able to ask questions requesting more details on specific topics. Commissioner Remy Ngoy Lumbu, Special Rapporteur on human rights defenders and focal point on reprisals, reminded the Zambian delegation that, in 2023, they encouraged the country to review its NGO Law to ensure it was in line with the Freedom of Association and Assembly Guidelines of the African Commission, and asked why the process had not yet started.

    Commissioner Lumbu also asked about the process to amend the Public Order Act and the reasons for the cancellation of RightsCon back in May 2026.

    Ahead of the review, ISHR submitted a shadow report jointly with the Southern African Centre for the Constructive Resolution of Disputes (SACCORD) and the Zambia Network for Human Rights Defenders (ZNHRD).

    The report complements Zambia’s State report covering 2020–2025, highlighting gaps in the protection of defenders and the implementation of the African Commission’s recommendations.

    The submission raises concerns about laws that restrict freedom of expression, association and peaceful assembly. It also highlights the lack of a dedicated legal framework to protect defenders from intimidation and reprisals.

    With our Zambian partners, ISHR highlighted the following:

    • The use of the Public Order Act to restrict meetings and peaceful protests. A proposed replacement, the Public Gatherings Bill, passed Parliament in May 2026 but was subsequently rejected by the President, leaving the existing Act in force. The report also raises concerns about insufficient transparency and consultation during the reform process.
    • Continuing restrictions on expression under the Penal Code. Although the offence of defaming the President was repealed in 2022, criminal libel, insulting language and sedition provisions remain. The ‘false news’ provision has also not been removed from the legislation, despite being declared unconstitutional in 2014.
    • Restrictions under the State Security Act and the use of cyber laws against defenders and journalists, raising concerns about access to information, surveillance, privacy and freedom of expression online.
    • Broad government powers under the NGO Act to control registration and organisations’ areas of work, alongside mandatory re-registration every five years, which threaten civil society’s independence.

    The report also identifies a gap between legislative commitments and implementation.

    Despite the adoption of the Access to Information Act, the Alliance for Community Action reported that five information requests to public institutions remained unanswered after more than 130 days.

    Finally, a proposed law to recognise and protect human rights defenders has been under discussion since 2018 but has yet ton be passed.

    The submission asks the government to establish a clear timetable for developing and adopting the law, with meaningful civil society consultation. It also asks how the legislation will address the specific risks facing women defenders and vulnerable groups, and how oversight bodies will monitor its implementation.

    Author

    Adélaïde has a Master in International Law and Relations from the University of Clermont-Ferrand. Adélaïde worked with indigenous people and minorities in Mauritania for better protection of their rights, especially victims of slavery. Previously, she advocated for the rights of women in Poland and Macedonia as well as the advancement of freedom of expression in Central Africa.

    Filed under

    • Freedom of expression, association & assembly

    Region

    • Africa

    Country

    • Zambia

    Mechanism

    • African Human Rights System

    Programmes

    • Transparency and rule of law
    • Reprisals
    • Africa

    At the NGO Forum ahead of the 89th session of the African Commission, a high-level panel discussion tackled the growing issue of transnational repression in Africa.

    • Reprisals
    • Africa

    Ahead of the 89th session of the African Commission on Human and Peoples’ Rights, the NGO Forum convened a panel on cross-border issues affecting human rights defenders in Central Africa and presented a new publication.

    • Freedom of expression, association & assembly
    • Western Sahara

    ISHR delivered a statement before the Special Political and Decolonisation Committee (Fourth Committee) during its hearing on the “Question of Western Sahara” on 8 October 2026. Watch and read the statement below.

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