Death penalty can easily be returned by next President – GEARS

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Death penalty can easily be returned by next President – GEARS

By Edwin Mbulo in Livingstone

THE death penalty can easily be returned by the next Head of State until Article 12 (1) is addressed in the Constitution, says GEARS
Initiative programmes coordinator Gideon Musonda.


Addressing the press at Cheshire Homes, Musonda said the Constitution in Article 12 (1) provides for exceptions.
“Yes that provision cannot be implemented without the enabling subsidiary provision such as the Penal Code or any other subsidiary provision.

In short what I am saying is that we have done some good works to remove it but let’s hit the nail on the head by removing that exception provision that is in the Constitution so that it cannot be easily be brought back. Because if we have another president who may not mean well in terms of this death penalty, may be easily be brought back. You only need a simple majority in parliament to enact a subsidiary legislation,” he noted. “If we remove it from the Constitution you will be talking of a referendum for you to bring
back that death penalty.”

Musonda said Zambia was undergoing a review process at the UN and that on
January 30 the country presented its national report on the recommendations made through the third Universal Periodic Review (UPR) cycle.
“We would like to urge you the media and the general citizens to take keen interest in following and reporting on government’s national report on progress made regarding Zambia’s compliance with international human rights obligations and recommendations made by other countries. As part of the UN’s Universal Periodic Review on human rights in Zambia, GEARS Initiative Zambia and CIVICUS submitted
a report examining the state of civil society in the country, including recommendations on how to protect and foster civil society
rights.

The recommendations were submitted in July 2022 and highlight report acts of intimidation and attacks on citizens, human rights defenders (HRDs), civil society organisations (CSOs) and journalists
in the period leading up to and during the presidential and parliamentary elections in August 2021” he said. “GEARS Initiative have noted with concern on Zambia’s failure to conclude reforms on various pieces of legislations hence recurring recommendations such as expansion of the Bill of Rights; review of the Penal Code and Criminal Procedure Code; NGO Act, Access to Information law; public order Act. These recommendations have also been made in 2023 UPR review. Countries like USA, Sweden, Poland,
Panama, Mexico among others made such recommendations including the need to enact political party bill and review the cyber security and cyber crime Act.”

Musonda noted that there has been improvement in the enjoyment of
freedom of expression, movement, association and assembly in that citizens are able to demonstrate, assemble and protest with restrained force from the police.


“However, we need to do more on that. There is steady improvement of CSO-government…” he said.
On issues of advocacy, Musonda said there is need to expedite legislative reforms and harmonisation.
“GEARS will continue holding engagements using various platforms for purposes of disseminating information and stakeholders mobilisation around the process,” said Musonda.

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