The European Union delegation to Zambia has stated it is unable to comment on a recently released 2010 US States State Department’s report on human rights practices, which says that the Zambian government does not consistently respect judicial independence in the country.

By Mwansa Pintu, Lusaka

EU Press and Information Officer Mr Wilcliff Sakala said that “the EU Ambassador is very reluctant to discuss issues regarding Zambia, which affect EU's cooperation with the Zambian Government, through the media." The Dutch embassy in Lusaka could not comment on the report either. The US report lists a catalogue of abuses of human rights in Zambia, and cites the central African state as being hesitant in punishing perpetrators of human rights violations.

The Zambian government completely denied the allegations and insisted that it was in fact doing everything in its ability to ensure the rights of its citizens were respected and protected, while being in difficult financial circumstances.

Circumventing procedures
A senior lawyer in the Ministry of Justice, who wanted to remain anonymous, explained the state had put into place enough laws and necessary institutions, like the Human Rights Commission, for the purpose of protecting people’s rights.

But the US report named government officials as using their offices and positions to interfere with both police and judicial processes and systems. “The Constitution and law provide for an independent judiciary; however, the government did not consistently respect judicial independence, and the judicial system was hampered by inefficiency, corruption and lack of resources,” the report reads. “Government officials used their offices to circumvent standard police and judicial procedures.”

Firearms
Among the human rights breaches identified in the report are unlawful killings, torture, beatings, and abuse of suspects and detainees by security forces, official impunity and life-threatening prison conditions. Also included are arbitrary arrests and prolonged pre-trial detention, long trial delays and arbitrary interference with privacy.

The report states that while there were no reports that the government or its agents committed politically motivated killings, security forces had committed unlawful killings. The report says police and government officials had encouraged police officers to use their weapons when apprehending suspects, despite a government directive that restricted the use of firearms by police officers and a government pledge to retrain police on the use of firearms.

Child dies in detention
The Zambian government has been under pressure from local NGOs and affected persons to explain the shooting and death of one person during riots in Mongu, about 600 kilometres west of the capital Lusaka early this year, the death under unknown circumstances of an elderly Mahopa, soon after he was discharged from detention over the same riots, and the recent death of a child detainee under unknown circumstances.

Citizens Forum director Simon Kabanda said it is unacceptable to have a government that is supposed to be in the forefront of protecting its citizens to be the one killing them. “Unless they explain the circumstances, we will make the matter a campaign issue during the forthcoming general elections,” he said. Zambia is expected to hold its presidential and general elections later this year.