A/HRC/61/50/Add.1
100. During her visit, the Special Rapporteur heard testimonies about attacks on persons
with albinism, and she notes with serious concerns that such attacks sometimes appear to
have had the purpose of using, or selling for use, body parts for the purposes of witchcraft.
A number of joint communications by special procedure mandate holders have addressed
allegations of attacks on persons with albinism, including young children, in terms of killings,
mutilations and the trafficking of body parts, 84 and this unfortunately appears to be a
recurring phenomenon.
101. The Special Rapporteur applauds the courageous work undertaken by the regional
offices of the Human Rights Commission, where representatives of the Commission go to
remote villages in order to intervene on behalf of individuals who may have been accused of
witchcraft. One such example was a so-called witch doctor, who had arbitrarily arranged for
the detention of a number of villagers against whom accusations of witchcraft had been made.
These individuals were subsequently released due to the intervention of the regional office,
and the individual was brought to justice.
VI.
Conclusions
102. The Special Rapporteur wishes to emphasize that there is a strong conciliatory
spirit evident among Zambians, and there is much to be proud of in the record of the
country’s more than six decades of independence. What sufficed in the past, however,
will not sufficiently protect rights at present and into the future. The creeping
“politicization of the religious space” or “religionization of the political space” needs
deeper conversation and frank consensus-building. The presumption of affiliation with
a particular religious belief, and rejection of careful consideration of other religions and
beliefs, does the country’s reality a disservice. Zambian jurisprudence on freedom of
religion or belief is stuck in time and needs bolstering. National policies and practices
need to become purposefully inclusive. All acts of discrimination and harassment need
to be addressed, and acute attention needs to be paid to reasonable accommodation,
giving meaning to the inclusive spirit that is highly evident from the people of Zambia.
The experience of Zambia provides a strong foundation for addressing these matters
robustly and effectively. It is blind spots and oversights that have given rise to some of
these challenges. Sensitization programmes and interactions, awareness-raising around
diversity of religions and beliefs, and determined inclusivity, will strengthen resilience.
The strong national values and principles of Zambia can be augmented and rendered
more inclusive, by recommitting to the country’s shared values of dignity, integrity,
equality, justice, unity and progress.
VII.
Recommendations
103.
Against this background, the Special Rapporteur recommends that:
(a)
The Government ensure that a fuller understanding of the obligations
pertaining to the scope of freedom of religion or belief is better understood and more
fully upheld throughout the governmental machinery, especially in relation to the scope
of rights holders, of manifestation of religion or belief, of the only legitimate limitations
that can be imposed on manifestation of religion or belief, and of positive obligations to
reasonably accommodate manifestation;
(b)
The Government incorporate the International Covenant on Civil and
Political Rights into Zambian domestic law in order to support the above, especially in
relation to articles 18, 27, 2, 4, 21 and 22 of the Covenant;
(c)
The Government carry out an independent review of the impact of the
Christian declaration in the preamble to the revised 1996 Constitution, in order to
assess its impact on the enjoyment of all human rights, on an equal basis, throughout
Zambia;
84
GE.26-02761
See communications ZMB 1/2016, ZMB 1/2018, ZMB 2/2020 and ZMB 4/2021.
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