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