A/HRC/61/50/Add.1 Act 2025 and the Cyber Crimes Act 2025. While the broad definition of hate speech was repealed in the new legislation, concerns remain in relation to the vague definitions of “critical information” and to sweeping interception powers, which create a risk of surveillance and censorship under the guise of national security. 66 While recalling that freedom of religion or belief cannot be limited on the grounds of national security, as per the International Covenant on Civil and Political Rights, the Special Rapporteur reiterates the recommendation of the Special Rapporteur on the promotion and protection of the right to freedom of expression and opinion that the Government should carry out further consultations with key stakeholders, including civil society organizations, and seek further advice from the Law Development Commission, with a view to addressing the concerns about the new cybersecurity and cybercrime laws and ensuring their full alignment with international human rights law.67 J. Association and assembly 87. Since January 2022, Zambia has experienced an alarming rise in actions targeted at individuals accused of hate speech, among other charges such as unlawful assembly and seditious practices. These measures have primarily affected opposition political leaders, activists, parliamentarians, journalists and human rights defenders. Even religious institutions have not been spared, with arrests of members of the clergy and disruptions of religious meetings reportedly linked to allegations of promoting divisive rhetoric. 88. A joint communication sent in 2024 by several special procedure mandate holders, including this mandate, raised concerns at information received concerning allegations of arbitrary arrests of opposition party leaders and members on various charges, including unlawful assembly, espionage, hate speech and seditious practices. There had been allegations of detention, harassment, intimidation, and restrictions of meetings and gatherings, against opposition leaders, religious leaders, journalists, human rights defenders and ordinary citizens,68 seemingly aimed at intimidating them. 89. Article 22 of the Constitution upholds freedom of assembly and association. The Public Order Act (chapter 113 of the Laws of Zambia, section 5), which dates to colonial times, regulates public meetings, processions and demonstrations. Section 5 (4) requires prior notification – at least seven days’ written notice to the police – for any public assembly or protest. Although the provision does not require formal prior approval from the authorities, the police have interpreted it to mean that it does,69 and successive Governments have used it to prohibit public gatherings. Though the focus of the Act was on political activities, and religious organizations and cultural processions were exempt from seeking permits, the police increasingly require religious communities to give notification and seek permits when holding gatherings outside their own premises. One example that was reported to the Special Rapporteur was the denial of such permits by the police to churches that had planned overnight youth camps. Other reported incidents have been more high-profile and have related to religious services, events or encounters that have been stopped by the police. The Government states that police permits are only necessary for crusades and meetings held in public spaces outside authorized church premises, and that churches are generally permitted to hold overnight prayers. 90. The ruling United Party for National Development announced in January 2023 that the Public Order Act would be amended to allow everyone to gather freely, without hinderance,70 but the promise has not been implemented. Senior government officials have acknowledged that the Act is deeply flawed and is to be replaced by a public gatherings bill, which is currently under review. According to the Minister of Home Affairs and Internal Security, the Public Gatherings Bill is expected to be presented in Parliament before the 2026 66 67 68 69 70 16 A/HRC/59/50/Add.2, paras. 31, 32 and 73 (d). Ibid. See communication ZMB 1/2024. All communications mentioned in the present report are available from https://spcommreports.ohchr.org/Tmsearch/TMDocuments. See https://www.hrw.org/world-report/2024/country-chapters/zambia. Ibid. GE.26-02761