Report on Human Rights in Zambia: Clarifications and Concerns- Sikaile Sikaile

Ref:Response to UN Report on Human Rights in Zambia: Clarifications and Concerns

Issued on : 31/08/2024

Dear Ms. Gina Romero, Ms. Mary Lawlor, Ms. Irene Khan, and the esteemed team,

As a human rights activist from Zambia and based in Canada, with a professional background in Political Science, International Development Studies, and Public Law, I appreciate your ongoing efforts to monitor and report on human rights issues worldwide. However, I must express my concern regarding the recent report published by the UN experts on Zambia, dated 29 August 2024, which I believe lacks the necessary context and balance.

The UN is a reputable organization that should uphold the highest standards of ethics in its findings to benefit the global community. However, if it relies on propaganda gathered from those with past elections grievances against the country, it risks issuing unprofessional reports. Under the previous administration, there were calls to strengthen laws against hate speech targeting other tribes to prevent situations like the Rwandan genocide and this call is highlighted in my complaint to the UN Human Rights Secretary General in 2021. Regrettably, these appeals were ignored. I, myself, repeatedly wrote to former President Edgar Lungu, but was met with death threats and evidence is there if you need it, I can provide it to you.

When the new government took office, I continued to advocate for stronger legislation on hate speech. I am pleased to inform you that, as of this letter, the Zambian Cabinet has approved measures to strengthen laws on hate speech and corruption—steps that are clearly in the public’s best interest. As a governance and development expert, I find the UN’s current assessment of the government to be unfair. While there are indeed areas that require attention, such as the Public Order Act, it is important to acknowledge the efforts made towards national unity. The current administration has made strides by ensuring that job opportunities within the government and development funding through the Constituency Development Fund (CDF) are distributed equitably—a marked improvement over the previous administration.

In 2021, I formally engaged the Office of the UN Human Rights and filed a complaint detailing severe human rights violations in Zambia. This complaint, subsequently referred to the Office of the Secretary-General, included specific cases of extrajudicial killings such as those of Mapenzi Chibulo, Vespers Shimunzhila, Obed Bwalya Kasongo, Nsama Nsama, Joseph Kaunda, Chileshe Bwalya, Kennedy Mudenda,  Frank Mugaala and several others, all of which occurred under the previous administration of individuals furnishing you with untruthful situation. I also highlighted the systematic suppression of the media, citing the forced closure of media outlets such as Prime TV and The Post Newspaper, among others. It is important to note that these closures were only reversed after a change in government. And as of today no private media has been shut down or threatened to be closed by the state.

Further, I presented evidence of discriminatory practices by the former government, which included the targeted dismissal of individuals from regions perceived to support the opposition leader at the time, Mr. Hakainde Hichilema. Specific government officials and ministers were identified as key players in orchestrating this discrimination. Instances such as the arrest of religious leaders like Bishop Kazhila during the period of unrest gassing that I brought to your attention further underscore the extent of the violations that occurred.

Your recent report does not seem to adequately reflect these serious abuses that characterized the period from 2014 to 2021 under the Patriotic Front (PF) administration of Mr Edgar Lungu. The report implies that the current government is perpetuating similar infringements on fundamental freedoms. However, it overlooks the fact that since the change in government, Zambia has conducted several by-elections without any reports of politically motivated killings by state or ruling party actors—an improvement from the previous administration’s track record, where incidents such as the killing of Lawrence Banda during a by-election were documented.

Additionally, the UN should take particular interest in the case of Shebby Chilekwa, a barber and close associate of former President Edgar Lungu, who remained protected within State House despite being implicated in the murder of Lawrence Banda. Chilekwa was only arrested and subsequently sentenced after the change of government, highlighting the previous administration’s failure to uphold justice. In contrast, the current government has demonstrated a commitment to the rule of law by holding its own supporters accountable, with the President publicly advising the police to arrest any ruling party members who commit crimes, such as attacks on opposition supporters like what happened in the past administration. This has fostered a more balanced political environment, as evidenced by former President Lungu’s ability to freely campaign across the country without harassment.

It is critical that political, legal, Human Rights and Development experts like your team and I conducting analyses for reports like these rigorously assess and filter incoming information to avoid bias. For example, the report does not mention cases such as that of Jay Jay Banda who escaped a lawful custody, a former Member of Parliament who allegedly urinated into a journalist’s mouth and attempted to set him on fire in 2016. While Banda was acquitted under the previous administration, reviewing such cases is not an infringement of human rights. Instead, it is a necessary step to seek justice for victims whose rights were violated.

Furthermore, the UN should distinguish between issues of democracy, freedom  of expression vs corruption. Zambia’s laws are explicit on corruption, and many individuals who have approached your office with unverified information are currently facing serious corruption charges. These individuals must account for their wealth accumulation, as required by Zambian law, because the country’s citizens were deprived of public resources. Addressing such cases is not an attack on democratic principles but a necessary measure to uphold justice and protect the public interest.

I urge your office to undertake a comprehensive on-ground assessment to gather accurate facts about Zambia’s current human rights environment. The current administration has indeed faced challenges, but it has made notable progress in respecting and upholding freedoms of expression, assembly, and association. Unlike during the PF rule, no opposition leaders or activists have been killed by state actors since the government changed.

The report’s omission of the previous administration’s rampant corruption and human rights abuses, which left over 20 million Zambians in poverty and stripped them of access to basic social services, is troubling. The UN must not equate the consequences of these past injustices with the actions being taken now to hold perpetrators accountable. It is vital to distinguish between efforts to enforce the rule of law and prosecute past abuses from any potential suppression of political freedoms.

I respectfully call upon your esteemed team to ensure that future reports are based on thorough investigations and verified information.

Zambia’s human rights journey from 2015 to 2021 was fraught with violations, and the current administration is working to address these issues. It is essential for the UN to support these efforts with accurate reporting, to provide a fair and just representation of the situation on the ground.

Therefore, it is essential to conduct a more thorough analysis of Zambia’s situation to fully appreciate the progress the nation has made and offer the current government any necessary support to continue improving the situation. I remain open to providing further information and assisting in any investigations to ensure that the UN’s work reflects the true state of human rights in Zambia.

Yours sincerely,

Sikaile C. Sikaile
Good Governance and Human Rights Activist
Amnesty International-Zambia/Canada
Media inquiries : sikailesikaile2030@gmail.com/ +1416-909-3692