A/HRC/61/50/Add.1 protect their followers from discrimination”.40 As a State Party to the Covenant, Zambia recognizes its interpretation as authoritative. 50. Arguably, therefore, the Christian declaration in the preamble to the Constitution, and the Christian majority population, heightens the need for Zambia to report on how the practices of others are protected and non-discrimination against their followers is ensured. In such contexts, uniform or equal treatment in law, practices and processes will indeed result in instances of indirect discrimination against others. Measures of reasonable accommodation are required in order to redress this. Often, indirect discrimination remains unobserved by the majority, as cases of it appear as the mere application of neutral laws and practices which, nevertheless, cause an undue and disproportionate burden on some members of the population. Zambia is no exception to this. Interlocutors told the Special Rapporteur that individuals were denied career progression and services at public and private institutions if they wore particular religious clothing. By way of example, a Muslim Member of Parliament was reportedly sent away from Parliament for wearing traditional Muslim clothing (thobe). 51. As observed by a previous mandate holder, eliminating such indirect discrimination often calls for measures of reasonable accommodation, with the institutions of government creating “a culture of trustful and respectful communication … in order to identify the specific needs of persons belonging to religious or belief minorities”.41 These specific needs include the possibility of wearing symbols, dress and hair in accordance with different religious practices, including in public settings and official spaces, registering Zambian names that draw inspiration from other religions, maintaining a religious diet in public settings and in detention facilities, and ensuring that healthcare provision is accessible and appropriate, that days of rest and holy days can be marked to the maximum extent possible and that access to services (including all school admissions) continues to be fully enjoyed on an equal basis irrespective of religion or belief. 52. As noted above (para. 19), the relevant Zambian legal framework remains centralized in the Constitution, without cascading it, or mainstreaming it, to any fundamental policies or laws that enhance the exercise of freedom of religion or belief. This is coupled with little knowledge about the scope of freedom of religion or belief as a human right, and results in systemic blind spots with regard to the need for positive obligations to recognize and address restrictions faced by religious minorities in Zambia. 53. The Government holds that it guarantees equal access to social services regardless of religion, and that the authorities promote inclusivity, non-discrimination, and partnership with various faith-based organizations. Public services, including health and education, are accessible to all, while the State supports church-run health facilities and partners with diverse groups, such as the Muslim Social and Welfare Trust. 54. However, during her visit, the Special Rapporteur heard accounts that she needs to share in the present report. These spoke of religious or belief minorities in Zambia facing numerous systematic barriers: from difficulty in accessing social services while identifying with their religion or belief, to neglect in being included in various governance activities. Knowledge of and access to government services is made more difficult by the high illiteracy levels and the remoteness of many communities, putting more onus on the Government with regard to its positive duties. 55. The absence of mainstreaming of freedom of religion or belief in the country greatly affects the social cohesion of the citizens and has increased the risk of discrimination against non-Christians. To maintain its strong unity, Zambia needs to extend the courtesy and centrality that Christians experience to religious minorities at official occasions and in consultations with their representatives. For example, Christian clergy are consulted on governance issues as a matter of right and Christian holidays are declared public holidays in Zambia while other religious holidays are not, and the media has not covered meetings of non-Christian religious representatives being consulted on governance issues, especially given their strong engagement in wider society (see sect. E below). 40 41 10 See para. 9 of the general comment. A/69/261, para. 70. GE.26-02761

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