HUMAN RIGHTS COMMISSION’S SILENCE ON ALLEGED VIOLATION OF HUMAN RIGHTS WORRIES KATEKA
…..a case in point is pronouncement by Police IG that he will not permit opposition political rallies in the country
Lusaka… Tuesday January 9, 2023 (SMART EAGLES)
New Heritage Party President Chishala Kateka has expressed concern over the silence by the Human Rights Commission over the alleged violation of human rights by some state agents.
Ms Kateka points out that a case in point is the shameless and illegitimate pronouncement by Inspector General of Police Graphael Musamba that he will not permit opposition political rallies in the country till the campaign period for the 2026 presidential and general elections is declared.
Ms Kateka adds that stakeholders have noted with dismay that Zambia Police are now not allowing the holding of press briefings by Opposition Political Parties.
She says a lot of individuals and institutions have rendered their opinions and expressed grave concern over this pronouncement as it is not backed by law.
“The right to freely associate through membership of political parties; the right to freely participate in peaceful assemblies; and the right to thus exercise freedom of expression are all provided for within our Constitution. With the wide mandate the Human Rights Commission has on these matters, why have they chosen this loud silence when one individual holds a whole nation to ransom by choosing to violate the rights of the citizens of Zambia to freely associate, assemble and express themselves?” she questioned.
“The Commission has all the power to either summon Mr Musamba or walk into his office and ORDER him to retract his statement, just as they can take action if he is seen to be adamant about abrogating our Constitution and willfully violating our rights and freedoms. We are fully aware that the Police operate in great fear of and have undoubted respect for the Commission such that when a visit to their offices is in the offing, all illegalities are swept away e.g. through the removal or release from holding cells of all suspects that have been kept beyond the maximum 48 hours, and those that bear evidence of having been tortured during interrogation. The Police do recognize and respect the Constitutional powers of the Commission.”
Ms Kateka said her party is therefore very surprised and disappointed that when the most obvious and unquestionable violations of human rights by some agents of the state are being perpetrated, the Commission is conspicuously silent!
She said one would be excused for believing they either do not exist, or that the violations taking place do not fall within their mandate to thwart.
“At the New Heritage Party, we are aware that the Constitution of the Republic of Zambia, in Article 125, has provided for the establishment of a Human Rights Commission whose very broad mandate, among many other things, is the protection of the human rights of all people within the boundaries of Zambia. The Commission is the single most powerful authority on human rights, with powers to summon or even subpoena ANYONE who may be deemed to be palpable of violating human rights to appear before it. Their responsibilities and powers are outlined in the Human Rights Commission Act,” she added.
“The Commission is the human rights watchdog that should speak, and act, with the utmost authority as it derives the same from the Constitution. It is therefore inexcusable for the Commission to not operate within their mandate and tame this dangerous policeman, Graphael Musamba before he causes chaos in the land. If the Commission cannot act, and we are not talking about them issuing statements but ordering him to reverse these illegal pronouncements, we will conclude that they are willfully complicit to these and other violations of our rights which they are supposed to be religiously protecting.”