A/HRC/61/50/Add.1 20. Article 8 of the Defamation Act states – considering privileged material for use in a court of law – that “nothing in this section shall authorize the publication of any blasphemous or indecent matter”. Article 196 of the Penal Code effectively acts as a blasphemous libel provision, as it suggests that courts may prohibit “the publication of anything said or shown before it, on the ground that it is seditious, immoral or blasphemous”. Chapter XIV of the Penal Code (arts. 128–131) pertains to “offences relating to religion”, criminalizing, in very broad terms, the intention “that the religion of any person is likely to be insulted” or “wounding the religious feelings of any person”, with a penalty of up to one year’s imprisonment (paras. 84 and 85). During the visit, the Special Rapporteur requested examples of case law where these provisions might have been invoked, but none were shared. 21. Following his election in August 2021, the President, Mr. Hichilema, attended a national prayer service held to celebrate the “peaceful, free and fair” elections. During the service, he reportedly said that the country would remain a Christian nation in words and in deeds. 11 That September, he abolished the Ministry of National Guidance and Religious Affairs, 12 placing its functions under the Office of the Vice-President. 13 These functions include responsibility for strengthening the identity of Zambia as a Christian nation, developing self-regulatory frameworks for church and religious umbrella groups, promoting church-State, interdenominational and interfaith dialogue, preserving religious heritage sites and coordinating public religious celebrations, as well as ensuring that Christian values are reflected in government, education, family, media, arts and entertainment, and business. 22. The Human Rights Commission is the key institution dedicated to promoting and protecting human rights, established pursuant to article 230 of the 1991 Constitution of Zambia (as amended by Act No. 18 of 1996 and Act No. 2 of 2016). Its powers and functions are prescribed under the Human Rights Commission Act of 2024. The Commission is mandated, inter alia, to investigate and report on the observance of rights and freedoms, and to take necessary steps to secure appropriate redress where rights and freedoms are violated. The Commisison continues to receive A status accreditation from the Global Alliance of National Human Rights Institutions. 23. The Human Rights Commission comprises seven commissioners, who are appointed by the President, subject to ratification by the National Assembly. At the time of the Special Rapporteur’s visit, the President had not appointed the new commissioners, and the activities of the national office seemed somewhat stalled. The Special Rapporteur met with the Director-General of the Commission in Lusaka and with the heads of the provincial offices in Chipata and in Livingstone during her visit. She was highly impressed by the actions of the Commission’s provincial offices, which have shown innovation and courage in carrying out their duties and impacting positively the daily lives of people. 24. The country’s Human Rights Commission has faced structural criticisms. In its concluding observations on the fourth periodic report of Zambia under the International Covenant on Civil and Political Rights, the Human Rights Committee noted that the Commission faced financial and operational constraints, limiting its independence and effectiveness.14 The Commission has seen progressive increases in its budget allocations, yet its challenges regarding financial autonomy and insufficient decentralization of its services remain. The Global Alliance of National Human Rights Institutions recommends strengthening the Commission’s mandate and independence.15 25. In the eighth National Development Plan, covering the period 2022–2026, the Government committed to undertake comprehensive constitutional reforms to, inter alia, strengthen the protection of human rights, and encouraged the release of a detailed plan and timeline for the constitution-making process to ensure that it benefited from broad expert and stakeholder participation. 11 12 13 14 15 GE.26-02761 See https://www.state.gov/reports/2021-report-on-international-religious-freedom/zambia/. Ibid. See https://web.archive.org/web/20250319113111/https://www.ovp.gov.zm/?page_id=6854. CCPR/C/ZMB/CO/4, paras. 7 and 8. Ibid. 5