A/HRC/61/50/Add.1 74. Constitutional provisions could yield much stronger protections than have been litigated in Zambia thus far. 75. As one senior legal official noted, the early case of Kachasu v. Attorney-General (1967) ZR 145 (HC) cast the die in terms of freedom of religion or belief being called to “give way” to the majority. In that case, a young Jehovah’s Witness had been suspended from school for refusing to sing the national anthem and salute the flag, despite this being in conflict with her beliefs. Her request to be exempted was refused by the court, which, while acknowledging that what constituted a religious observance was subjective, decided that the singing of the national anthem and saluting of the flag was objectively not a religious ceremony or observance, hence her conscientious objection to performing that duty could not be entertained. In the case, the court also referred to the necessity of that duty for national unity, which was the basis of national security. In its concluding observations on Zambia, the Human Rights Committee urged otherwise: “The requirement to sing the national anthem and salute the flag as a condition of attending a State school, despite conscientious objection, appears to be an unreasonable requirement and to be incompatible with articles 18 and 24 of the Covenant.”55 76. Despite the widespread assertion, and welcome evidence, of much cordiality and tolerance between Zambians, this case has led to a complacency regarding discrimination, which is holding Zambia back from progressing freedom of religion or belief further for all on an equal basis, throughout the country. This outlook goes beyond the jurisprudence, and is also reflected throughout national processes and practices, where there is a default understanding that everyone is a Christian from one of the predominant denominations. 77. In 2023, the Court of Appeal upheld freedom of religion or belief in relation to a Jehovah’s Witness blood transfusion case. 56 Despite expressly refusing a blood transfusion, the 81-year-old unconscious cancer patient was given a transfusion. The Court held in favour of the appellant. More than five decades later, therefore, it is highly evident that far more extensive awareness-raising and strategic litigation is needed in order to fully realize the protections contained in the International Covenant on Civil and Political Rights. H. Situation of women and girls 78. The Special Rapporteur notes that family, community and society are integral to Zambian culture and social norms, with religion and the Church playing a significant role in shaping values. Those promoting values other than Christian teaching on family and relationship issues can find themselves the target of strong responses from both government and churches. 79. While article 11 of the Constitution of Zambia guarantees the equal status of women, in article 23 (4) (c) women are excluded from protection against discrimination in matters such as adoption, marriage, divorce, funerals, devolution of inheritance and other personal law. The Constitution permits discriminatory laws and practices in the area of personal and customary laws – namely, early marriage, the payment of a dowry (lobola), the practice of property division after the death of a husband (property-grabbing), sexual cleansing, and polygamy. The Human Rights Committee and the Committee on the Elimination of Discrimination against Women have raised concerns about this. 57 High levels of gender-based violence, in particular the number of girls subjected to sexual violence, including the harmful practice of defilement, are other issues of serious concern. 80. The Marriage (Amendment) Act of 2023 unequivocally establishes the marriageable age at 18 years, without exceptions for customary or religious marriages. The Children’s Code (Act No. 12 of 2022) also prohibits early and child marriage, however the practice still 55 56 57 14 CCPR/C/79/Add.62, para. 18. Kachasu v. Manda and Ors (appeal No. 163 of 2021) ZMCA 200 (2023). CCPR/C/ZMB/CO/4, paras. 13 and 14; and CEDAW/C/ZMB/CO/5-6, paras. 13 and 14. GE.26-02761