Infringement on democracy, human rights and the rule of law through constitutional amendments: What mechanisms exist to restore Zambia?Posted: 4 December, 2019
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
The first Constitution of the Republic of Zambia (1964) established a multiparty system of government. However, increasing tensions between the ruling party and the opposition parties compelled the first president of the Republic of Zambia, Kenneth Kaunda, to institutionalise a one-party rule through the enactment of the Constitution of Zambia Act, 1973. The presidential rule in Zambia was reinforced, with the president as the sole player on the political scene. Following the collapse of the Soviet Union and the end of the cold war in the early 1990s, a wave of multiparty democracy swept across the African continent leading to emergence of political pluralism. Many countries in the Southern African region adopted constitutional dispensations that allowed political pluralism and cemented the roles of the different branches of governments. Zambia, a former British colony, was no exception to the wind of change; they adopted their new Constitution of Zambia, 1991 that restored multiparty democracy. Thereafter, the Constitution of Zambia (Amendment) Act No. 2 of 2016 spelt out the roles and mandates of the different branches of government and directed that all State organs and State institutions abide by and respect the sovereign will of the people of Zambia. This Constitution ensured separation of powers between the various branches of the government, which is crucial to uphold democracy, human rights and the rule of law.
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Restrictions on the operation of civil society organizations in Africa violate freedom of associationPosted: 11 June, 2012
The role of civil society cannot be underestimated in Africa. Despite the fact that several governments are suppressive, there is widespread circulation of information on human rights abuses and successes. This is attributable to the immense role that civil society plays. Without a civil society in Africa, the world would not hastily recognise the shortcomings of African leaders’ regimes.
It is undeniable that an independent and effective civil society contributes to the protection and promotion of democracy and human rights in a country. The role of Civil Society Organisations (CSOs) is to serve as a watchdog at the domestic level and international level. This implies that the right to freedom of association is essential for CSOs to operate effectively and efficiently.