The Human Rights Commission (HRC/Commission) is encouraged by the overwhelming turn out of eligible voters to register during the on-going voter registration exercise.

The show of determination to exercise their constitutional and democratic right to vote during the 2021 elections by the majority of Zambians is encouraging and it is the responsibility of the Government to fulfill their right. From the time the Voter Registration Exercise started, the Commission has observed continued queues of eligible citizens in their quest to register at various registration centres. Further, the Commission has observed that unlike in the previous voter registration exercises which were characterised by apathy, current exercise is characterised by large numbers of people voluntarily turning up to register.

The Electoral Commission of Zambia (EZC) has been doing everything possible within its capacity but it is common knowledge that it has been struggling to adequately meet the popular public demand to register the minimum estimated eligible voters of nine (9) million within the initially set time frame of 30 days.

The Human Rights Commission is confident that it is not too late for the Electoral Commission of Zambia (ECZ) to take all necessary measures to mitigate disenfranchising eligible voters during the on-going registration exercise.

It is against this background that the Commission calls upon the Government to adequately support ECZ so that willing eligible voters are not disenfranchised because of lack of the capacity of the Electoral Body to register them.

Voter registration is an integral part of a free, fair and credible election in which the legitimacy and authority of Government should be based on universal and equal suffrage as enshrined in the Universal Declaration of Human Rights and other human rights instruments.

Issued by:

Mweelwa Muleya

The Human Rights Commission commends His Excellency, Dr. Edgar Lungu, the President of the Republic of Zambia for pardoning a total of 966 inmates in exercise of his constitutional prerogative of mercy powers during the celebration of Zambia’s 56th Independence Anniversary on 24th October 2020.

The pardoning of 886 men and 80 women from various Correctional Facilities across the country in line with Presidential Prerogative of Mercy Powers under Article 97 of the Constitution of Zambia [Amendment] Act No. 2 of 2016 is a commendable gesture of compassionate and respect for human rights and freedoms of vulnerable individuals.

It is a notable human rights record that among the pardoned were some inmates on death row, the aged, the chronically ill and others whose sentences were commuted from death to life sentences and from life sentences to terminable sentences.

The Commission calls upon the pardoned ex-inmates not to betray the confidence and trust shown in them by refraining from re-offending and instead lead an exemplary life of being law abiding citizens and of service to society at large.

Further, the Commission is appealing to the family and community members to provide a conducive environment for successful re-integration of the Correctional Service Graduates by, among other measures, avoiding stigmatising and discriminating them but accepting them as reformed individuals.

The Commission wishes to take this opportunity to commend the Zambia Correctional Service, various Faith-Based Organisations, Civil Society Organisations, the Private Sector and individuals for their continued guidance and counselling services, material, financial and spiritual support to inmates across the country in order to uphold their inherent rights and
dignity as human beings.

Finally, the Commission is calling for continued support of the human rights-based reforms being implemented by the Government following the Constitution of Zambia [Amendment] Act No. 2 of 2016 which transformed the then Prison Service to the current Zambia Correctional Service.

Issued by:

Mweelwa Muleya

The Human Rights Commission calls for consolidation of democratic and human rights gains and a stop to human rights violations as Zambia celebrates 56 years of her independence.

The Commission acknowledges that Zambia has made some notable strides, particularly in the last 29 years, such as the reintroduction of multi-party democracy and a pluralistic society, the liberalisation of the market economy and the media industry which have all contributed, and continue to contribute to the advancement of socio-economic and political freedom.

It must be noted that the establishment of independent and functioning institutions of good governance is one of the landmark milestones in the consolidation of democracy and respect for human rights.

Therefore, the Commission calls upon everyone to vigilantly defend the hard earned human rights and freedoms so that the majority of citizens can have a sense of belonging to the lifeline of Zambia's National Anthem, "Victors in the struggle for the rights, we have won freedom's fight".

The Commission is encouraged that the majority of Zambians have remained resilient in defending their rights and freedoms which were gained at great cost in order to achieve independence and so that the majority of citizens can be proud and free.

Notwithstanding the achievements, the Commission has regrettably observed some claw backs from the democratic gains made so far. The closure and invasion of some independent media institutions and the escalating abuse of the Public Order Act are some of the notable regrettable undemocratic practices reminiscent of the colonial rule.

The Commission is calling for an end to discriminatory application of laws and violation of human rights and freedoms in order to realise the aspirations expressed in this year’s theme of independence celebration, which is "Our Land, Our Nation: Building our future proud and free".

The continued suppression of the rights to freedom of assembly and expression, particularly as the country counts down to 12th August 2021 Presidential and General Elections is creating political and public tension as those who are being suppressed struggle to find a democratic and free space to exercise their rights and freedoms.

It is extremely unfortunate, and it cannot be a source of national pride, that after 56 years of gaining independence the abuse of a 65 year old repressive colonial Public Order Act, which was originally designed to frustrate the independence struggle, seems to be given priority in national planning and budgeting.

Let this independence celebration be an opportunity for everyone to recommit themselves to building a united and peaceful Zambia anchored on respect for, and protection of human rights and freedoms for all.

Issued by:

Mweelwa Muleya

The Human Rights Commission wishes to put it on record that the Zambia Police Service treated the National Democratic Congress (NDC) President, Dr. Chishimba Kambwili’s wife in a cruel, inhuman and degrading manner when they were apprehending her at the Lusaka Magistrate Court premises in Lusaka on 20th October 2020.

Acts of cruel, inhuman or degrading treatment or punishment of individuals or suspects are absolutely prohibited under Article 15 of the Constitution of Zambia, Chapter 1 of the Laws of Zambia and under International Human Rights Law.

Therefore, the State violated Mrs. Kambwili’s right to protection from inhuman or any form of illtreatment regardless of the alleged offence she may have committed. Further, the Commission considers the Police action against Mrs. Kambwili to have been excessive and disproportionate to her alleged action. Police action was not only unlawful and a violation of human rights but unnecessary, unreasonable and unjustifiable in a democratic state such as Zambia in which human rights are supposed to be respected and protected.

There are no circumstances under which acts of cruel, inhuman or degrading treatment or punishment of suspects are justifiable. Such acts are universally absolutely prohibited and Zambia should not be seen to be among Pariah States where respect for human rights is concerned. The Commission wishes to make it abundantly clear that it is not in any way against the maintenance of law and order as that is a constitutional mandate of the Zambia Police Service, which is also central to the promotion and protection of human rights and freedoms. The Commission’s point of departure is when the police engages in acts of human rights violations. The Police can still be firm and effective in executing their mandate without being brutal against suspects, particularly unarmed, defenseless and vulnerable individuals such as women and children.

It is regrettable that acts of police brutality against individuals continue unabated and are somewhat increasingly becoming the new normal of police operations during crowd management. Such impunity has resulted in numerous cases of gross violation of human rights, including the right to life through extra-judicial killings of citizens at the hands of police officers.

The Commission calls upon the Government, which has the trio primary obligation of respecting, protecting and fulfilling human rights, to demonstrate leadership towards ending acts of police brutality which are giving a wrong impression that Zambia is steadily becoming a police state. The Commission wishes to take this opportunity to remind both the State and Non-State Actors that under no circumstances are acts of torture and other cruel, inhuman or degrading treatment or punishment permissible under both national and international human rights laws. Therefore, such acts reflect the extent to which the rule of law, constitutionalism and human rights are being violated.

Zambia is a party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Government, therefore has an obligation to prevent such acts and/or punish perpetrators of such acts to end impunity, and also take remedial measures in protection of victims.

Issued by:

Mweelwa Muleya

As the Zambia observes the Day of National Prayer which falls on 18th October of every year in Zambia, the Human Rights Commission (HRC/Commission) calls for practical steps towards deescalating national tension and political violence in order to create a conducive environment for the promotion and protection of human rights and freedoms for all.

The current political environment is toxic with hatred and acts of discrimination, thereby grossly undermining national unity, peace and stability. The continued escalating political tension and violence is extremely worrying and the Government must provide effective leadership towards restoring law and order and respecting human rights and freedoms without any form of discrimination.

It is clear that discriminatory application of laws relating to freedoms of movement, assembly and expression based on one’s political affiliation or divergent views are the root causes of political tension and violation of human rights. The State has an inescapable mandate and obligation to maintain law and order and to respect and protect the rights of all citizens without any form of discrimination.

Regrettably, the country continues to witness individuals engaging in acts of lawlessness and hate speech targeting opposition party leaders left scot-free while the victims of such politically sponsored verbal and physical violence are the ones being pursued by the Zambia Police Service. Such discriminatory application of the law is causing political tension, violence and is grossly undermining national unity, peace and prosperity.

Therefore, the Commission calls on the Government to be magnanimous enough and deal with acts of lawlessness by its supporters in the same manner it is dealing with acts of lawlessness or violence allegedly committed by individuals and groups of individuals holding and/or expressing divergent views.

It is only a human rights-based approach of respecting and protecting the rights and freedoms of everyone without any form of discrimination based on one’s political affiliation, ethnicity, tribe or place of origin or indeed on any other basis that is going to bring about sustainable national unity, peace and prosperity.

The Commission wishes to call upon all public and political players not to sacrifice national unity and peace at the altar of political expedience during the countdown to 2021 Presidential and general elections and beyond.

As the nation prays today, the Commission wishes to take the opportunity to remind everyone about the Universal Declaration of Human Rights that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [and sisterhood].

Therefore, the State must take leadership towards ensuring that there is total adherence to the human rights principles of equality and non-discrimination in the application of laws to stop the continued violation of fundamental birth rights of individuals.

Issued by:

Mweelwa Muleya

The Human Rights Commission (HRC) has completed its independent investigations into the death of Frank Mugala, a grade 8 pupil at Chazanga Basic School who was killed during the Zambia Police Service operation on 13th February, 2020. The 14 year old boy was killed by a bullet when the police were trying to disperse residents who were protesting after a rumour went round that individuals suspected of being involved in ritual killings through gassing unsuspecting victims with a paralysing chemical were hiding at the school.

The Commission has submitted the detailed investigations report to the parties involved, being the family of the deceased and the Zambia Police Service in line with its legislative mandate under the Human Rights Commission Act, Chapter 48 of the Laws of Zambia.

Main Objectives of the Investigations
The main objectives of the inquiry by the HRC was to establish the following:
i. Examine the circumstances under which the deceased met his death and determine whether there was violation of the right to life guaranteed under Article 12 of the Bill
of Rights under the Zambian Constitution, Chapter 1 of the Laws of Zambia;

ii. Establish whether it was justified for the police to use live ammunition against the alleged protesters and whether, therefore, the killing qualified for excusable homicide
to diminish criminal liability of the officer(s);

iii. Establish whether the use of force was authorized by a superior officer proclaiming the situation as a riot requiring the use of firearms in compliance with Sections 77 and
78 of the Penal Code Act, Chapter 87 of the Laws of Zambia, and whether the use of fire power was the only and ultimate option available to the police;

iv. Find out whether the police officers took any measures to decrease the risk of unnecessary harm especially that the shooting occurred in a residential area where the
risk of harm to innocent people was highly probable;

v. Establish whether the use of force by the police was in accordance with Zambia’s national legislation as well as international human rights norms particularly those
contained in the United Nations Basic Principles on the Use of Firearms by Law Enforcement Officials adopted in 1990; and

vi. Make the necessary recommendations to the appropriate institutions to address the problem as well as to prevent further or similar incidences, as well as the prosecution
or punishment of those found culpable, if any.

Investigations Methodology
The investigation involved personal interviews with some of the family members of the deceased, the police authorities, the school authorities, civic authorities in the area, eye witnesses as well as those who had contact with the deceased prior to his death. The investigations were also extended to examining the autopsy (post-mortem) report and all other relevant pieces of evidence.

The inquiry also considered relevant provisions of the Zambia Police Act, Chapter 107 of the Laws of Zambia, the Penal Code Act, Chapter 87 of the Laws of Zambia and the Basic Principles in the use of firearms by policing agencies. These are internationally accepted norms that guide the use of firearms by United Nations Member States.

Constitutional and Statutory Powers of the HRC
The HRC is an autonomous National Human Rights Institution (NHRI) established under Article 230 (1) of the Constitution of Zambia (Amendment) Act No. 2 of 2016. The
constitutional mandate of the HRC is to ensure that the Bill of Rights is upheld and protected [in accordance with Article 230 (2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016].

Article 230 (3) further mandates the HRC to, inter alia-
“(a) investigate and report on the observance of rights and freedoms; and
(b) take necessary steps to secure appropriate redress where rights and freedoms are

The mandate and powers of the HRC are also stipulated under Section 9 of the HRC Act, Chapter 48 of the Laws of Zambia. Therefore, the investigation, conclusion and
recommendations herein were made within the above stated constitutional and legislative framework.

Protection of the Right to Life
The right to life is a fundamental human right enshrined in various international and regional human rights instruments such as Article 3 of the Universal Declaration of Human Rights (UDHR), Article 6 (1) of the International Covenant on Civil and Political Rights (ICCPR) and Article 4 of the African Charter on Human and Peoples’ Rights. Further, the right to life is entrenched in the Bill of Rights under Article 12 of the Constitution of Zambia, Chapter One of the Laws of Zambia, as follows:

“12. (1) A person shall not be deprived of his [her] life intentionally except in protection of right to life, execution of the sentence of a court in respect of a criminal offence under the law in force in Zambia of which he [she] has been convicted”.

Thus, the right to life is not absolutely protected under the Constitution of Zambia, just like is the case with other regional and international human rights instruments.

There are circumstances under which the deprivation of the right to life is deemed legally permissible and reasonably justifiable. For instance, Article 12 (3) of the Constitution of Zambia provides that “…a person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case-

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection, mutiny or if he dies as a result of a lawful act of war; or

(d) in order to prevent the commission by that person of a criminal offence.”

As stated above, one of the objectives of the investigation by the Commission was to assess whether or not the death of Frank Mugala was lawful, reasonable and justifiable in a democratic state such as Zambia.

In conducting its investigations into the shooting, the Commission took full cognizance of the fact that, firstly, police were by law authorized to use force and firearms in particular circumstances and under conditions of absolute necessity, due regard always being to the preeminence of respect for human life as a fundamental value. Secondly, police have the primary duty to protect life and property in all circumstances. Therefore, the use of firearms demanded of the police the exercise of due diligence, restraint and professionalism.

Findings of the Investigation
Some of the salient findings of the HRC investigations were the following:
1. It was true that there was a public disturbance in Kabanana Township, including at Chazanga Basic School on the material day Frank met his tragic death.

The Commission learnt that on the fateful day, Frank Mugala (deceased), a 14 year old grade eight (8) pupil at Chazanga Basic School was among the learners that had reported for lessons in the afternoon. The deceased belonged to Grade 8 C, one of the classes that reported for their lessons in the afternoons.

The Commission heard that on the material day, just after the 15:40 hours’ break, as the pupils were settling down for the next lesson, some parents stormed the classrooms to pick up their children.

When asked by the teachers why they were picking up their children, the parents stated that they feared for their children’s safety because they had information that a mob of people in the area was going round schools damaging school infrastructure, under the belief that schools were hiding “ritual gassers.”

Some pupils over heard the parents talking about the gassers, who got agitated. The reports about the alleged gassers was worsened by the earlier reports in the day that a school in Northmead had been gassed.

As more and more parents entered the school gates, there was confusion among the learners. Efforts to calm them down could not succeed. This created anxiety among both the teachers and the learners. Most of the pupils rushed out of the school premises.

It is true that Frank was shot dead by the Zambia Police Service
It was only after 17:00 hours that police on patrol vehicles started patrolling the streets of Kabanana and Chazanga Townships in an attempt to stop the protesting mob. It was reported that the protestors had earlier been to other schools, including Ngwerere School where they found no one in the school as all the pupils had been released.

According to witnesses, the police did not enter Chazanga Basic School premises but went past the school heading eastward. The witnesses interviewed said they could hear sporadic gun shots in various sections of the compound, as the police tried to prevent the protesters from going to schools in search of the alleged gassers. No witness testified having heard about, seeing or experiencing the use of tear smoke (tear gas), water cannons, or rubber bullets by the police. Furthermore, no witness testified that they heard the police announce or advise the protesters to disperse. All they could see were uncompromising armed police officers on patrol vehicles driving up and down the streets, without saying anything.

Around 17:00hrs, the same time the Police were seen arriving in the area, a body of a boy was found lying, at about 150 to 200 meters opposite the gate of Chazanga Basic School. It was initially suspected that he was from High Land School. However, from the school badge and the note books from his school bag, they were able to identify him as Frank Mugala, grade 8 C of Chazanga Basic School.

Some witnesses near the scene where Frank was shot dead said the police were shooting indiscriminately in the township and showed the Commission some mobile phone booths and houses with bullet holes. It was alleged that the deceased was shot by one of the bullets which went through a mobile phone booth.

A post mortem examination was conducted on the body of the late Frank Mugala by a State Pathologist on 17th February, 2020 and confirmed that he died from a gunshot to the back, which ripped through his body and exited at the right side of the neck.

According to the Post-Mortem Report No. 279-20, released on 22nd July 2020 and obtained by the Commission on 10th August 2020, the findings of the Pathologist were as follows:
“Autopsy revealed a boy with an entry gunshot wound to the back and an exit wound at the right side of the neck. On the basis of the history and autopsy findings, multiple
medicolegally relevant issues are raised by the post-mortem examination including:

a. The cause of death is GUNSHOT to back;

b. The mechanism of death is physical disruption of the cervical spine;

c. The manner of death is HOMICIDE;

d. The gunshot wound is atypical suggestive of a ricochet bullet;

e. The gunshot was incapacitation immediately.”

The Commission’s Observations, Conclusions and Recommendations
Pursuant to powers vested in the Commission under Section 10 (2) (d) as read together with Section 13 (1) (b) of the HRC Act, Chapter 48 of the Laws of Zambia and arising from the investigations findings, the following observations, conclusions and recommendations are hereby made:

i. As confirmed by the autopsy report, the manner of death of Frank Mugala, homicide, which is defined as the killing of a person by another person. In this case, Frank was
killed by one of the Zambia Police Officers who were deployed to attend to the reported protest in Kabanana area in Lusaka;

ii. The deceased juvenile was from school during the material time of meeting his death and was not part of any protesting group. From scientific examination of his body
after his death, he was shot from the back, a clear indication that he was not advancing towards the police. Hence, he was not in any way a threat to anyone or any
property at the time he was shot dead;

iii. The use of live ammunition in a high-density township, to scare away unarmed protestors constituted an act of recklessness, negligent and unprofessionalism by the

iv. It is the Commission’s well considered opinion that the shooting to death of the juvenile in question cannot be reasonably justified and does not fall within the legally
permissible circumstances under which the deprivation of life may not be deemed as a violation of the right to life.

v. Having reviewed the totality of the evidence, it is the firm and fair finding of the  Commission that Frank Mugala was brutally shot dead by a state agent in the name of
a police officer in gross deprivation of his right to life.

vi. The Commission wishes to take this opportunity to make a general comment. The Commission has observed with a deep sense of regret a growing, systemic or pattern
of cases of extra-judicial killings of individuals by the Zambia Police Service, without state remedial measures, through the so called stray bullets. This is extremely sad. It
down plays the sanctity of life and give an impression that law enforcement officers can take away one’s life without being sanctioned.

i. While the state authorities and the police command are record that it does note please them to see officers being indicted or punished for acts arising out of their official
duty, the Commission calls for justice to be done by among other measures, ensuring that perpetrators of human rights violations are punished in accordance with the law.
Whims or feelings of individuals should not be allowed to obstruct the course of justice and create a culture of impunity in violating human rights by state agents. To
this end, the Police command must own up and take administrative or any other action against the officer/s involved in order to end impunity.

ii. That in the event that the Police Command does not take any action, an inquest should be held in line with the provisions of Sections 41 and 28 (1) (c) of the Inquests Act,
Chapter 36 of the Laws of Zambia in order to establish the identity of the officer responsible for the shooting to death of Frank Mugala to allow for appropriate criminal charges. Further, the police command have an obligation to avail suspected police officers in the commission of crime so that they are subjected to the due process of the law in cases where victims of the deceased decide to take the matter before the courts of law and pursue criminal charges.

iii. The State should compensate the deceased’s family for the loss of life occasioned by the reckless conduct of its agents (Zambia Police Officers). In the event that such
compensation is not made within a reasonable time, the family of the late Frank Mugala should consider instituting civil proceedings against the State;

The Commission is making these recommendations pursuant to 13. of the HRC, CAP 48 of the Laws of Zambia, which provides that:

Section 4 of the Inquests Act provides that:
“4. Whenever a coroner is credibly informed that the body of a deceased person is lying within his jurisdiction, and that there is reasonable cause to suspect that such person has died either a violent or an unnatural death, or in prison or in police custody, or in any place or circumstances which, in the opinion of the coroner, makes the holding of an inquest necessary or desirable, such coroner shall, except as otherwise provided in this Act, hold an inquest on such body as soon as is practicable.“

Section 28 (1) (c) of the Inquests Act states that
“28. (1) The proceedings and evidence at an inquest shall be directed solely to ascertaining the following matters: …(c) the persons, if any, to be charged with murder, manslaughter, infanticide, or causing death by the reckless or dangerous driving of a motor vehicle, or of being accessories before the fact should the coroner find that the deceased came to his death by murder, manslaughter, infanticide, or such driving;”

“(1) The Commission shall- (a) send written reports of its findings to the parties concerned; and (b) dependant on the findings made, make such recommendation as it
considers necessary to the appropriate authority.

(2) The appropriate authority shall, within thirty days from the date of such recommendation make a report to the Commission, on any action taken by such
authority to redress any human rights violation.

(3) Any person who contravenes the provisions of subsection (2) shall be guilty of an offence, and shall be liable, upon conviction, to a fine not exceeding ten thousand
penalty units, or to imprisonment for a term not exceeding three years, or to both”. The Commission considers this as a test case of the State’s commitment to meeting its
obligation of respecting the rule of law, constitutionalism and human rights by taking remedial measures wherever and whenever acts of human rights violations occur.


The Human Rights Commission (HRC/ Commission) joins the international community in commemorating the World Day against the Death Penalty which falls on 10th October of every year and reiterates its call to abolish the inhumane practice to enhance the protection of the right to life.

The World Day against the Death Penalty was declared in order to raise awareness on the conditions affecting individuals facing the death sentence and build momentum towards its universal abolition.

This year's theme of the 18th commemoration of this global event is: "Access to Counsel-A matter of life or death". The theme highlights the importance of the right to effective legal representation for individuals who may face the death sentence.

The commemoration brings to the fore the fact that innocent lives can be lost through execution of individuals wrongly convicted of committing an offence attracting capital
punishment due to lack of effective legal representation.

The Commission supports the growing international position that because of the possibility of killing an innocent person, and considering the sanctity of life, the best safeguard is to abolish the death penalty.

A total of 106 countries have already abolished the death penalty for all crimes while 28 countries, including Zambia, are considered to have abolished the death penalty in practice. According to the United Nations, a country that has not carried out any execution for a period of 10 years is considered to have abolished the death penalty in practice.

Zambia has not executed anyone on the death row for the past 23 years since January 1997 when the last execution took place. The Commission wishes to commend the Executive Decision to suspend the death penalty in practice and for commuting death sentences to life imprisonment.

Everyone is encouraged to support the Government to successfully graduate Zambia into the growing number of countries that have abolished the death penalty both in law and in practice.

To this end, the Commission is calling for members of the public and various stakeholders to make submissions to the Zambia Law Development Commission to appropriately amend the Penal Code and the Criminal Procedure Acts in order to enhance respect for the right to life.

The mandatory death sentence for crimes of treason, murder and aggravated robbery must be amended to give discretionary powers to the judiciary based on merits of each case.

Issued by:
Mweelwa Muleya

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Vision & Mission

The mission of the Human Rights Commission is to promote and protect human rights for all people in Zambia through investigations of human rights violations, rehabilitation of victims of human rights abuses, education of communities and advocacy for policy and legal changes influenced by evidence based research

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