"New Dawn or Old Tricks"

.... UN Urges Zambia to Reform Criminal Laws to End Political Suppression and Protect Free Speech Ahead of 2026 Elections

By Francis Maingaila ♥️ 💖

Lusaka, Zambia – 31-01-2025 - The United Nations Human Rights Council (UNHRC) has called on the Zambian government to urgently implement human rights reforms, raising concerns about political violence, restrictions on freedom of expression, and repressive laws, especially as the country approaches the 2026 elections.

Irene Khan, the UN Special Rapporteur on Freedom of Opinion and Expression, made these urgent recommendations during a press briefing in Lusaka following her official visit from January 20 to 31, 2025—marking the first such visit by a UN special rapporteur to Zambia in eight years.

Khan warned that human rights in Zambia are at a crossroads, with rising political tensions and economic challenges exacerbating the situation.

Progress Acknowledged, But Reforms Lagging

While Khan acknowledged some positive steps taken by the Zambian government since 2021—such as the adoption of the Access to Information Act and the decriminalization of defamation of the President—she emphasized that these reforms must be fully implemented.

“It is now crucial that this law is fully implemented, including through the full operationalization of the Human Rights Commission as the access-to-information agency,” Khan stated.

However, she noted that despite these advancements, there has been slow progress in other areas. Laws relating to criminal libel, sedition, hate speech, and cybercrimes continue to be used to silence dissent, which, in her view, threatens the freedom of expression.

Khan urged the Zambian government to repeal or revise these laws to safeguard the right to free speech.

Political Freedoms and the Public Order Act

One of the most critical issues Khan raised was the continued use of the Public Order Act, which grants police sweeping powers to restrict and disrupt public gatherings.

“The Public Order Act is still being used as a tool to suppress dissent. The government must fast-track its repeal and replacement to ensure that citizens can exercise their right to peaceful assembly,” Khan said.

Khan further expressed growing concern among Zambians, who fear that oppressive tools and tactics from the previous regime are being revived to stifle criticism of the current government.

Disinformation and Political Manipulation Online

Khan also addressed the rise in online disinformation and smear campaigns, which she said are being manipulated by political actors—both from the ruling party and the opposition. These campaigns have heightened political tensions and contributed to a climate of confusion.

“I am disturbed by the rising tide of political disinformation and smear campaigns, which are being used to manipulate public sentiment,” she said.

While acknowledging the strong protection of political speech under international law, Khan warned that politicians have a responsibility to inform the public truthfully.

“Politicians must refrain from inciting violence, hostility, or discrimination, which are strictly prohibited under international law,” Khan emphasized.

Judicial and Institutional Independence

Khan called for legal reforms aimed at safeguarding the independence of key institutions, including the judiciary, the Independent Broadcasting Authority, the Electoral Commission of Zambia, and the Human Rights Commission.

“It is critical that these institutions operate free from political interference,” Khan said. “Strengthening these bodies will help ensure democracy and protect fundamental freedoms.”

She stressed the importance of an independent judiciary to prevent political interference in legal proceedings, and the need for media independence to safeguard a free press and ensure transparency during the electoral process.

Police and Prosecutorial Practices

Beyond legal reforms, Khan pointed out that police and prosecutors must apply the law impartially, without bias or political motivation.

“There is a pressing need for clear policies to ensure that law enforcement agencies do not misuse legal provisions to target political opponents or silence dissent,” Khan noted.

Global Scrutiny and Zambia’s Human Rights Future

While Khan commended Zambia’s commitment to human rights on paper, she emphasized that international scrutiny would remain high as the country moves toward the 2026 elections.

Her preliminary findings were issued in a press release, with a full report scheduled for presentation to the UN Human Rights Council in June 2025.

“Respect for freedom of opinion and expression is vital not just for Zambia’s democracy, but also for its long-term development,” Khan said.