Opposition didn't exhaust local avenues, says HRC
By Moses Kuwema
Wed 06 Mar. 2013, 13:59 CAT
THE Human Rights Commission has urged the government to dialogue with opposition groups that have raised human rights questions and have sought the Commonwealth's intervention. In a statement yesterday, commission chairperson Pixie Yangailo stated that the call to a national dialogue must be done now.
She stated that it was common practice that 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.
She stated that it was clear the opposition leaders (MMD's Nevers Mumba, UPND's Hakainde Hichilema, ULP's Sakwiba Sikota and others) did not exhaust local avenues before going to submit a dossier to the Commonwealth.
Yangailo stated that from a human rights point of view, there was "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 government."
Yangailo, however, stated that the commission was "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," she stated.
Yangailo stated that in the Human Rights Commission's view, complaints about human rights violations might 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."
Yangailo stated that what concerned the commission now was that the government had not been seen to take public steps to "address these concerns" being brought forward by its own people.
She stated that the commission expected the government to lead the way by sitting down with the various political parties and dialogue on concerns raised.
"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," she stated.
"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."
Yangailo stated the fact that matters had gone far to involve the international community should not be an impediment to local dialogue.
Yangailo stated that deliberate effort to commence dialogue among all concerned parties with honest intentions was most appropriate at this point.
She noted that other segments of the Zambian society, including the the three church mother bodies, Law Association of Zambia, NGOs and individuals have raised concerns on 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."
Labels: COMMONWEALTH, HRC, HUMAN RIGHTS, OPPOSITION, PIXIE YANGAILO
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HRC indicts MMD cadres on Chongwe violence
By Maluba Jere
Sun 11 Sep. 2011, 13:59 CAT
MMD cadres from Lusaka perpetrated the political violence in Chongwe last weekend, the Human Rights Commission has established.
In a letter to Inspector General of Police Francis Kabonde dated September 8, 2011, Human Rights Commission director Enock Mulembe stated that their findings were that the MMD cadres were allegedly ferried in different buses.
Mulembe reiterated that the Zambia Police had a solemn duty to protect people against acts of violence regardless of who the culprits were.
He stated that unless this was done in the fairest and most unprofessional manner, public confidence in the police would continue to be eroded and that it would not augur well for the maintenance of law and order, which he said is the main ingredient for the enjoyment of human rights and fundamental freedoms by all.
Mulembi stated that the Commission is gravely concerned at the rate of political violence during the campaign period.
He stated that it was particularly concerned at the seemingly dangerous trend of using weapons such as machetes, knives and other similar items in the fighting.
Mulembi advised that unless something drastic is done to address the violence, the country risked being plunged into a situation that may be difficult to recover from.
"Inspector General, sir, you have the solemn duty to act more vigorously to curb the violence. We, in particular bring to your attention the recent occurrences in Chongwe. Instead of relying on press reports, the Commission undertook its own investigations to establish the credibility of what was being reported," Mulembe stated.
"Our findings were that MMD cadres from Lusaka perpetuated the violence. The cadres were allegedly ferried in different buses. One minibus registration number ABK 405 was identified as being used. We wish to advise that your good office looks into this matter seriously. Individuals have been named and we believe it is in the best interest of the public that they be questioned about their involvement."
He urged the Zambia Police to demonstrate clearly that all acts of violence, no matter who instigates them, are properly and exhaustively investigated.
Mulembe stated that this was the only way the police service would remove the perception that dealing with political violence was being selectively undertaken.
Mulembe's letter to Kabonde was also copied to the Secretary to the Cabinet, the Human Rights Commission chairperson and home affairs permanent secretary.
Last weekend, MMD Lusaka Province chairman William Banda and his cadres physically attacked villagers in Chongwe's Waterfalls' area for supporting the PF. Several people were beaten up and severely injured. The cadres also smashed windows of two Landcruisers belonging to Chongwe PF parliamentary candidate Sylvia Masebo in full view of police. And Banda, in an interview with Radio Phoenix on Tuesday, said he and President Rupiah Banda were at the centre of the political violence being experienced.
On Friday police summoned Banda and recorded a warn and caution statement from him.
Labels: CADRES, FRANCIS KABONDE, HRC, MMD, POLITICAL VIOLENCE
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HRC agrees with LAZ on Mutembo
Written by Masuzyo Chakwe
Wednesday, April 01, 2009 4:32:53 PM
Human Rights Commission (HRC) vice-chairperson Palan Mulonda has said the Law Association of Zambia's position that Mutembo Nchito be given adequate opportunity to be heard before judgment can be madeon his role as Task Force
on Corruption prosecutor is an important principle of law.
Briefing the press yesterday, Mulonda said calls to have Nchito removed as prosecutor of the Task Force on Corruption were one thing and moving to act was another.
He said the commission believed in the principle of law and that before any decision could be carried out on Nchito, he should be heard.
He hoped that the principles of natural justice would be adhered to.
However, Mulonda said the commission would now distance itself from either camps calling for the resignation of Nchito from the Task Force on Corruption following the recording of a warn and caution statement by law enforcement agencies and those against this.
On Sunday, Forum for Leadership Search (FLS) executive director Edwin Lifwekelo asked Nchito to resign following the recording of a warn and caution from him by law enforcement agencies over Zambian Airways' debt to National Corporation Limited. The law enforcement agencies also recorded a warn and caution statement from Post editor Fred M'membe as The Post is a shareholder in the airline.
And Mulonda implored all leaders to put aside their partisan concerns and for once put their heads together for the purpose of searching for possible local solutions to the problems currently facing the nation.
Mulonda urged the government to forge more vigorously with existing measures undertaken to redress the economic meltdown.
He applauded the initiative to hold a national indaba to tackle important matters affecting the nation.
Mulonda said the commission had suffered from a lack of domestication of universal and regional instruments by Zambia.
He called for the enactment of a comprehensive and progressive human rights Act for Zambia within the framework of the Fifth National Development Plan (FNDP).
Mulonda also said the commission had received a large percentage of complaints relating to violation of workers’ rights in the form of investors, foreign and local, big and small, utilising labour and not compensating for it adequately, dismissing workers in flimsy grounds, not giving them ample notice or payment in Lieu of notice.
He cited attempts to deny workers their inalienable right to belong to or form a trade union of their choice and the infamous casualisation of labour, which keeps workers, tied down to slave conditions of service without signed contracts or other documentation.
Mulonda said the commission had also received complaints of unjust treatment of subjects by traditional rulers who included chiefs, their indunas, headmen and in some cases, even chiefs' retainers.
He also said police on a very wide scale still abused suspects through brutal interrogation methods like beatings, intimidation undue and lengthy detentions.
"We still receive reports of extra judicial killings of suspects. We believe that extra judicial killings do not in any way contribute to effective policing," he said.
Mulonda also reminded the media to operate within the confines of their professional ethics.
"I repeat that your own ethics must be adhered to. To illustrate the point, some of the footage shown on our TV stations, such as that of badly mutilated bodies of road accident victims or suspects slain by police, suicides and the like must be carefully looked at before being slashed on our screens for general viewership," said Mulonda.
Labels: HRC, LAZ, MUTEMBO NCHITO, PALAN MULONDA
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HCR calls for improved justice delivery system
January 1, 2009
The Human Rights Commission (HRC) has stressed the call for government to pay particular attention to the justice delivery system and ensure every person facing trial in the courts is afforded a fair trial.
HRC Chairperson Pixie Yangailo said persons facing any kind of trial should have access to legal representation and quick dispensation of their cases.
Mrs. Yangailo told journalists in Lusaka yesterday that there were currently many people who are spending unacceptably long periods in jail awaiting trial.
She said there was need not to spare any efforts in strengthening existing institutions such as the Legal Aid Department (LAD) while exploring any other avenues that would ensure that justice is dispensed appropriately and expeditiously.
She has also called on the government to consider looking into the conditions of the prisons in the country, noting that Zambians prisons were very congested.
She noted that Zambian prisons were the third most congested prisons in Africa.
Mrs. Yangailo has since commended the Ministry of Home Affairs for acknowledging that the prisons were very congested.
She also acknowledged the improvements of transport for the prisoners and the introduction of the parole, the development she said would help de-congest the prisons.
She stated that the commission was opposed to the death penalty, saying the right to life must therefore be upheld at all costs and other demeaning ways of punishment should be resorted to.
The HRC Chairperson has also commended Zambian people for the peaceful manner in which they conducted themselves during the October 30, elections which led to having few instances of violence.
She has since urged the media to ensure that they stick to their ethics and not use the power to misinform and wreck havoc on those who, for one reason or another, did not like or support.
And Mrs. Yangailo also said job losses would have a negative impact on the ability of many people to enjoy human rights, especially social and economic rights.
ZANIS/AJN/KSH/ENDS
Labels: ENOCH MULEMBE, HRC, PIXIE YANGAILO, PRISONS
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There is no need to block demos, says Yangailo
Written by Ernest Chanda in Lusaka and Isaac Zulu in Kapiri Mposhi
Sunday, December 14, 2008 10:05:56 AM
THERE is no need for the government to block peaceful demonstrations against high mealie- meal prices, Human Rights Commission (HRC) chairperson Pixie Yangailo has said.
And Kapiri Mposhi Immaculate Heart of Mary Catholic parish priest, Fr John Lesa has supported the planned demonstrations over high mealie-meal prices, saying this was a wake-up call for the ruling MMD.
In an interview, Yangailo said as long as the demonstrations were done peacefully and within the law, there was no need for the government to stop the people as doing so would be an infringement on their rights.
Yangailo further indicated that the Commission had planned a meeting with the government and the Police to give guidance on opposition Patriotic Front (PF)’s planned protests against high mealie-meal prices.
She said it was important that the Commission sought audience with relevant authorities.
“Although we have not received an official complaint from the people planning to demonstrate, we have read and seen in the media that government intends to block these demonstrations,” Yangailo said. “As a Commission, we want to be aware of the reasons people are being stopped from demonstrating and advise government accordingly. Since it is our mandate to inform people on their rights, we need to fully understand why the opposition are being stopped from demonstrating. Constitutionally, people have a right to demonstrate, but it is good to work with all quarters of society for security reasons. We could have investigated the moment we read and heard about this, but our investigations department is seriously understaffed.”
Last week, defence minister George Mpombo said he would meet the demonstrators with full force if they went ahead with the demonstrations.
This was in response to an announcement from the Patriotic Front that they were organising demonstrations against high mealie-meal prices.
And in an interview, Fr Lesa said the planned demonstrations by the PF in view of the rising prices of mealie-meal and other essential commodities in the country were justified.
Fr Lesa observed that demonstrating was a constitutional right as it bordered on freedom of expression, adding that all the poor people wanted was to be heard by the government.
“Staging a demonstration is a constitutional right; it is freedom of expression, especially that the they intend to hold peaceful protests,” said Fr Lesa. “It is a wake-up call for the government of the day; the poor just want to be heard.”
He explained that mealie meal was Zambia’s staple food for a majority of citizens, adding that the escalating price of the commodity was of great concern to the people.
“I wonder if those ministers even mind about the high prices of mealie-meal because most of them do not entirely depend on this staple food, anyway,” he stated.
He attributed the increase in mealie-meal prices to lack of government control in the milling industry resulting from the privatisation of most parastatal companies.
“There is no government hand in the milling industry and the obvious cause is privatisation,” Fr Lesa said. “Though privatisation was necessary, it was rushed. Everything is now in private hands; government is dealing with businessmen and it is all a capitalist way of thinking.”
He advised that the government should learn to plan ahead before implementing some of its policies.
Fr Lesa cited the period between 1997 and 1998 when the country experienced floods and drought, but the government continued to export maize despite the negative factors.
He further accused the MMD government of laxity, saying what was needed was change.
“Koswe nga aikala sana mung’anda, eba na kasuba [When a rat overstays in a house, it will start stealing even in during day time],” said Fr Lesa.
Labels: DEMONSTRATION, HRC, PIXIE YANGAILO
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Zambia to sit on UN rights Council
By Mutuna Chanda
Sunday May 25, 2008 [04:00]
ZAMBIA is among four African countries that have been elected to sit on the United Nations (UN) Human Rights Council. In elections held last Wednesday, Zambia was elected together with Ghana, Gabon and Burkina Faso to sit on the 47-member council.
Seats on the council are voted for by region and 15 of the slots were subject to elections. Africa and Latin America candidates won easily without opposition while Asia, Eastern Europe and Western European groups competed for spaces.
The four African countries including Zambia were elected to the Council unopposed.
Argentina, Brazil and Chile were elected from the Latin America region.
France got 123 votes while Britain polled 120 barely defeating Spain which got 119 votes to get the two Western seats.
In the contest for four Council seats from the Asian region, Japan, Bahrain, South Korea and Pakistan beat Sri Lanka and East Timor.
In the race for two seats in the Eastern European group, Slovakia and Ukraine beat Serbia and the Czech Republic.
New York-based Freedom House and the Geneva-based UN Watch, which monitors the world body’s performance based on its charter, evaluated the 20 candidates for the 15 council seats on their records of promoting human rights at home and at the United Nations.
Their report gave negative ratings to Pakistan, Sri Lanka, Bahrain, Gabon and Zambia, and “questionable” ratings to three candidates with mixed human rights records - Brazil, East Timor and Burkina Faso. It gave “qualified” ratings to Ghana, Japan, South Korea, the Czech Republic, Serbia, Slovakia, Ukraine, Argentina, Chile, France, Spain and Britain.
The Human Rights Council was created in March 2006 to replace the UN’s Human Rights Commission. One of the aims of the council was to keep some of the worst human rights offenders out of its membership.
Labels: HRC
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Mulembe bemoans torture of suspects
By Kelvin Tembo
Tuesday May 20, 2008 [04:00]
HUMAN Rights Commission director Enoch Mulembe has said Zambia is still battling with increasing numbers of torture and inhuman treatment of suspects in detention. In an interview, Mulembe said there was a lot of torture and abuse of suspects in police cells and prisons.
Mulembe’s remarks follow recent reports of two police officers in Mumbwa district and one prison warder of Mwinilunga who were arrested for allegedly beating up suspects in detention in separate incidents.
Mulembe said authorities needed to be accountable for such deaths.
“We have always been against suspicious deaths of persons who go into prisons or police cells in good health and are suddenly reported dead or having hanged themselves or worse still beaten to death,” Mulembe said.
He said the Commission had received similar reports and had engaged police to carry out investigation.
Mulembe said every human being deserved fair treatment, even as a suspect.
“There is no justification for the use of brutal tactics to get information from suspects,” said Mulembe. “Sometimes suspects end up giving wrong information just to be freed from torture.”
Mulembe said the Commission condemned such actions especially by law enforcers not because they condoned crime but because they wanted rights of every human being to be upheld.
Recently, police in Mumbwa arrested two police officers for allegedly beating up a suspect to death on April 22, 2008.
The two officers arrested Alfred Nyanga, 42, of Kachili village in senior chief Shakumbila’s area following a fight with his friend after a drinking spree near Keezwa police post at Keezwa Basic School.
Upon his arrest, Nyanga was handcuffed to another suspect before being beaten to death.
And on Sunday, a prison warder in Mwinilunga was arrested for beating a prisoner death.
North Western Province commanding officer Fabian Katiba confirmed the arrest of the prison warder on Sunday.
Labels: ENOCH MULEMBE, HRC, POLICE BRUTALITY
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