2016 Referendum on the Bill of Rights

2016 Referendum on the Bill of Rights

Zambia
Type	Constitutional referendum
Date	11 August 2016
Voter turnout	44.44%
Total votes cast	3,345,471
Outcome	Failed (Did not meet 50% turnout threshold)

The 2016 Referendum on the Bill of Rights in Zambia was held on 11 August 2016 alongside the 2016 Zambian general election. It sought public approval to amend and expand the Bill of Rights contained in Part III of the Constitution of Zambia, and to revise Article 79, which regulates the amendment of entrenched constitutional clauses.

Despite receiving a large majority of “Yes” votes, the referendum failed because voter turnout did not meet the constitutional threshold required for validation.

Proposed changes (the "Yes" vote)

The referendum proposed far-reaching reforms to the Bill of Rights, aimed at modernizing Zambia’s human rights framework and aligning it with international standards.

If approved, the proposed amendments would have introduced several new categories of rights:

• Economic, Social and Cultural Rights: Guaranteed access to health care, decent housing, food of acceptable standard, clean and safe water, education, and social protection.
• Civil and Political Rights: Expanded freedoms to include access to information, freedom of the media, and the right to fair administration and justice.
• Special Rights: Additional protection for children, youths, persons with disabilities, and the elderly.
• Article 79 Amendment: Proposed the repeal and replacement of Article 79 to simplify and clarify the process of amending entrenched constitutional provisions.

The proposal was widely regarded as a progressive effort to strengthen human rights protection in Zambia.

Constitutional requirements and results

Under Article 79 of the Constitution of Zambia, any amendment to the Bill of Rights or to Article 79 itself must meet two strict thresholds:

1. A majority (over 50%) of valid votes cast must be in favour of the proposed amendment.
2. At least 50% of all eligible registered voters must participate in the referendum.

Referendum results

Outcome	Votes	% of Valid Votes	% of Eligible Voters	Status
Yes	1,852,559	71.09%	24.61%	Met (majority of votes cast)
No	753,549	28.91%	10.01%	—
Total Valid Votes	2,606,108	—	—	—
Total Turnout	3,345,471	—	44.44%	Failed (below 50% threshold)
Eligible Voters (Estimated)	7,528,091	—	—	—

Although 71.09% of voters supported the proposed amendments, total turnout reached only 44.44% of eligible voters—below the 50% minimum required. The result was therefore constitutionally invalid, and the amendments did not take effect.

Reasons for failure

The referendum’s failure to meet the turnout threshold has been attributed to several factors:

• Timing of the poll: The referendum was held concurrently with the 2016 presidential and parliamentary elections, which dominated public attention and overshadowed the constitutional question.
• Politicization and opposition: Some opposition parties campaigned against participation, arguing that the referendum was politically driven or poorly timed, resulting in widespread voter apathy and confusion.
• Limited public awareness: Critics noted that government-led civic education efforts were inadequate, leaving many citizens unaware of the proposed changes or their implications.
• Complexity of the question: The single referendum question combined two separate constitutional issues—the Bill of Rights and the amendment of Article 79—making it difficult for many voters to fully understand.

Aftermath

Following the referendum’s failure, the expanded Bill of Rights was not enacted. The earlier version of the Bill of Rights, as contained in the 1991 Constitution, remains in force.

The 2016 referendum nevertheless marked a major moment in Zambia’s constitutional history, highlighting the challenges of public engagement and consensus-building in constitutional reform.

See also

• Constitution of Zambia (Amendment) Act, 2016
• Constitution of Zambia
• Elections in Zambia
• Bill of Rights
• Edgar Lungu
• Constitutional Court