Zambia: Freedom of assembly and association

Edda Costarelli, October 2001

Despite the fact that the Public Order Act was described as an 'outdated piece of legislation' by a Supreme Court ruling of 1995, the Parliament reintroduced the Act, after certain amendments were adopted in 1996. According to this legal instrument, the holding of public meetings, processions and demonstrations should be approved by the police beforehand and fulfil certain criteria. As an example, the gatherings must not create any breach of peace or public order, and no public meeting or procession can be held at times and places that hinder proper policing of the event (Section 5, Public Order Act). Therefore if the police cannot provide the necessary resources to an adequate policing the event should not take place.

With a provision that punishes breaches with up to five years imprisonment, the Public Order Act continued to be enforced with bias against opposition parties. On such grounds opposition parties have regularly and unfairly been denied the permit necessary to hold meetings. Human Rights Watch (2000), for instance, pointed out that a United Party for National Development (UPND) Member of Parliament and 9 other constituency officials were arrested in July 2000 for allegedly holding an 'unlawful meeting', whereas the ruling party MMD simultaneously conducted rallies and demonstrations without permit.

On 7 May 2000 Inspector-General Sailus Ngangula indicated the readiness of the government to carry on arresting people holding processions without permit, reportedly because disregarding the Public Order Act could lead to anarchy. As Amnesty International (2001) reported, 30 drivers protesting peacefully as part of an anti-third term campaign were arrested and payed an admission of guilt fine.

At the beginning of 2001 the governing MMD in the Southern Province declared that it will resist any attempt to amend the Constitution to allowing a third presidential term. As a consequence, a regional MMD conference was held in this province at the end of February 2001. The conference was assailed by pro-third term MMD members coming from other provinces. Moreover attempts to bribe the delegates and induce them to vote for Chiluba's executive candidates were reportedly widespread, amounting to 300 million kwacha (approximately US$100 000). Notwithstanding this the conference went on and elected a provincial executive entirely composed of third-term opponents.

Violence flared again during campaign meetings for the parliamentary by-election in July 2001. The clashes involving the ruling MMD heightened fears that widespread political violence will undermine the credibility and work in progress for election day. There were reports of MMD cadres storming opposition Patriotic Front offices armed with iron bars and pangas on Tuesday 4 December. Patriotic Front general secretary Edwin Lufwekelo warned that his party would resort to action if the MMD continued harassment.

References

AMNESTY INTERNATIONAL 2001, International Press Freedom Tour 2001: Solidarity Actions.

HUMAN RIGHTS WATCH 2000 World Report 2000.