Bill of Rights
The Bill of Rights in the Constitution of Zambia is the central legal framework guaranteeing fundamental human rights and freedoms to all persons within the Republic. It forms Part III of the Constitution and is regarded as one of the most entrenched and protected sections of the supreme law, requiring a national referendum for any amendment.
Background
The Zambian Bill of Rights was first enshrined in the Constitution of Zambia (Amendment) Act, 1991, reaffirming the country’s commitment to democratic governance and the protection of civil liberties. It draws influence from the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights.
Structure and Content
Part III of the Constitution sets out a wide range of rights grouped into civil, political, and limited socio-economic protections. Key rights include:
- The right to life, liberty, and security of the person.
- Freedom of conscience, expression, assembly, and association.
- Protection from discrimination, arbitrary arrest, and torture.
- The right to a fair trial and due process before the courts.
While these rights mirror international human rights standards, the Zambian Bill of Rights remains limited in its inclusion of social and economic entitlements.
Amendment and Entrenchment
Under Article 79 of the Constitution, any attempt to amend the Bill of Rights must be subjected to a national referendum. This makes it one of the most protected constitutional provisions. Amendments cannot be enacted by Parliament alone, ensuring that the people directly consent to any substantial change to their rights.
The 2016 Referendum
In 2016, the Government of Zambia proposed a comprehensive reform of the Bill of Rights as part of the Constitution of Zambia (Amendment) Act, 2016 process. The proposed reform sought to:
- Introduce economic, social, and cultural rights, including the right to health care, decent housing, clean water, food, education, and social protection.
- Expand civil and political rights to include access to information and freedom of the media.
- Provide special protections for children, persons with disabilities, and older persons.
The referendum, held on 11 August 2016 alongside the general elections, failed to pass. Although 71.09% of valid votes supported the amendment, voter turnout was 44.44%, below the constitutional threshold of 50% required under Article 79. As a result, the proposed new Bill of Rights was not adopted, and the 1991 Bill of Rights remains in force.
Judicial Enforcement
The enforcement of the Bill of Rights is primarily vested in the High Court of Zambia, which has original jurisdiction in matters relating to the enforcement of fundamental rights and freedoms. Appeals may be made to the Supreme Court of Zambia, and since 2016, constitutional questions are handled by the Constitutional Court of Zambia.
See also
- Constitution of Zambia
- Constitution of Zambia (Amendment) Act, 2016
- 2016 Referendum on the Bill of Rights
- Human rights in Zambia
