The words bill of rights are new in our constitution and are contained in the draft constitution of zambia bill 2015. Human rights in zambia are addressed in the constitution. Zambia formerly the territory of northern rhodesia was administered by the british south africa company from 1891 until it was taken over by the uk in 1923. Historically, the concept of a bill of rights as a. By sibeta mundia, barotseland post however, just like many of us had warned the bre and the litunga, the 2019 proposed bill not only maintains the status quo depriving the king of his powers to dethrone and enthrone chiefs in barotseland but also goes further to give the zambian president sweeping powers to divide, create or realign provinces including western. Multiparty system a multiparty system means that more than one political party can participate in elections, so that people can choose who they want to represent them in government.
The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of. Jan 09, 2017 this bill of rights is the keystone of democracy in zambia. Zambia shall continue to be a citizen of zambia after the commencement of this constitution. Lockes philosophy, known as classical liberalism, helped foster a new way of thinking about individuals, governments, and the rights that link the two. The constitution of zambia act, 1996 by the zambian for. The purpose is to protect those rights against infringement from public officials and private citizens bills of rights may be entrenched or unentrenched. Bill of rights is on public display at the national archives in washington, d. Chapter one the bill of rights as envisaged by the founders of the concept this chapter shall on one hand focus on the exploration of the source of the concept of the universal rights and freedoms that came to be known as the bill of rights while on the other hand it shall endeavor to identify the original proponents of these rights and how they came to be acknowledged as the basis for good. Bill of right status, application and interpretation 11.
The objective of this bill is to revise the bill of rights to include civil, political, cultural, and further and. The constitutional amendment bill 10 of 2019 has been tabled in the parliament of zambia against public opinion. An entrenched bill of rights cannot be amended or repealed by a countrys. Act, 2015, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Constitution, ratified in 1791, which set forth and guarantee certain fundamental rights and privileges of individuals, including. Bill of rights in zambia essay 4336 words antiessays. The zambian constitution establishes the right to gender equality, and recognizes the rights of children to identity, nationality, education and legal protection.
Human rights are universal they are the same for everyone, everywhere. On august 11, the country held elections under a new constitution for president, national assembly seats, and local. On september 25, 1789, congress transmitted to the state legislatures twelve proposed amendments to the constitution. However, some of these principles are mentioned within part ix, directive principles of. This site is like a library, use search box in the widget to get ebook that you want. Doc the zambian bill of rights mukonka moonga academia. Constitution of zambia amendment bill plots against the. This bill of rights is the keystone of democracy in zambia. Protection of fundamental rights and freedom of the individual article 11.
Doc the zambian bill of rights larry hamweemba academia. A bill entitled an act to amend the constitution of zambia. The purpose of this application is to act as a human rights defender as per united nations human rights commission unhrc holistic definition. The united nations human rights committee which met in new york between march 26 and 27, 1996 to hear zambias second periodic report on its. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. Fundamental rights and freedoms it is recognised and declared that every person in zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever. Jan 08, 2016 constitution of zambia amendment act, no. Amendment of constitution of zambia act, 1991, and schedule thereto 4. Aug 11, 2019 two constitutional law experts have observed that the proposed constitution amendment bill number 10 of 2019 is illegal. The bill of rights is wellestablished in the constitution and hence cannot be easily amended because of the strict amendment requirements.
The term bill of rights is not in common usage in zambian jurisprudence. The constitution of zambia amendment bill, 2019 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the preamble in order to reaffirm the christian character of zambia. The right to recourse to an international or regional human rights mechanism 36 the right to reparation for harm suffered 37 remedies for violations of economic, social and cultural rights 38 chapter 3 international human rights instruments 41 the emergence of international human rights law 41 the international bill of human rights 42. The grand coalition on a people driven constitution should be commended for embarking on the simplification of the draft of the bill of rights and its decision to start sensitising the public on the contents of the piece of legislation before the national referendum scheduled for august 11 this is as it should be in a functioning democracy such as the one zambia espouses. Civic education notes the zambian bill of rights the national bill of rights the bill of rights is a list of fundamental rights and freedoms covered in part threeiii of the zambian constitution.
The constitutional amendment bill 10 of 2019 zambia today. Zcea zambian civic and education association representatives from these ngos will attend the hrc session, brief the members of the committee on the human rights situation in zambia and present the shadow report. Constitution amendment act 2016 national assembly of zambia. In 2016 the country held elections under an amended constitution for president, national assembly seats, and local government, as well as a referendum on an enhanced bill of. Click download or read online button to get the zambian bill of rights book now. It avows the democratic values that border on human dignity, equality and freedom. Historically, the concept of a bill of rights as a statement of basic individual freedoms derives in part from the english bill of rights, passed in 1689.
A declaration of individual rights and freedoms, usually issued by a national government. Bill 10 is personal in the sense that it touches on individual rights of the people of zambia. The zambian bill of rights download ebook pdf, epub. There is general public consensus that if the changes proposed in the bill are passed, zambia would become a constitutional dictatorship with an already powerful president made even more powerful. The united states bill of rights plays a central role in american law and government, and remains a fundamental symbol of the freedoms and culture of the nation. Numbers three through twelve were adopted by the states to become the united states u. So, it is dangerous to allow this bill to become law, he said on friday evening. The name was changed to zambia upon independence in 1964. Constitution of zambia 1996 ace electoral knowledge. 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. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other.
This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. The national gender policy outlines measures to address gbv and forms the basis of the gender based violence bill. The purpose is to protect those rights against infringement from public officials and private citizens. Protection of right to life 1 no person shall be deprived of his life intentionally except in execution of the sentence of a. It also report new concerns related to the impact of environmental issues on the enjoyment of human rights in zambia. However, the country report on human rights practices in zambia for 2012 by the united states department of state noted that in general, the governments human rights record remained poor. It formally enshrines those fundamental rights and liberties considered essential for all people in our country. The bill of rightspart iii of the constitution of zambia. The preamble is amended by the deletion of the words. One of those opposed to the bill is the law association of zambia laz, which has petitioned in the constitutional court to challenge the decisions.
Jul 10, 2019 by sibeta mundia, barotseland post however, just like many of us had warned the bre and the litunga, the 2019 proposed bill not only maintains the status quo depriving the king of his powers to dethrone and enthrone chiefs in barotseland but also goes further to give the zambian president sweeping powers to divide, create or realign provinces including western province barotseland. State of human rights in zambia 2007 human rights defined human rights are the rights possessed by all persons, by virtue of their common humanity, to live a life of freedom and dignity. It is the countrys main instrument of protecting the rights and freedoms of the individual. Zambia constitution bill of rights provides for the protection of most of the rights contained in the covenant. It is expected that when the draft of the bill of rights is simplified and the public sensitised, areas of differences would be minimised, if not eradicated. Two constitutional law experts have observed that the proposed constitution amendment bill number 10 of 2019 is illegal. The bill of rights is subject to be incorporated in the new zambian constitution upon a referendum on august. The united nations human rights committee which met in new york between march 26 and 27, 1996 to hear zambias second periodic report on its compliance with the international covenant on civil and.
The constitution of zambia act, 1996 by the zambian for zambia. History of zambian constitution zambia daily nation. A list of fundamental rights included in each state constitution. Zambia is bigger than all of us, and the constitution is the soul of this country. Human rights are inalienable they can neither be taken away, nor given up. Hurid institute of human rights, intellectual pr operty and development trust wildaf zambia zcea zambian civic and education association representatives from these ngos will attend the hrc session, brief the members of the committee on the human rights situation in zambia and present the shadow report. Aug 27, 2014 the national gender policy outlines measures to address gbv and forms the basis of the gender based violence bill. A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country.
Human rights democracies aim to respect and protect the human rights of all and often use a bill of rights to do so. The bill of rights is fundamental to zambias democracy and guarantees the human respect and dignity of all citizens, mr chipenzi said. During the 1920s and 1930s, advances in mining spurred development and immigration. The second clause of article number 15 of the bill of right. Download zambias new constitution as amended elias. Zambias constitution of 1991 with amendments through 2016. If bill 10 were to go through and become law, it would fundamentally disturb the personal rights of the citizens. Usbased law professor muna ndulo and locally based constitutional lawyer john sangwa featured on a public discussion at southern sun hotel in lusaka. Contention has arisen over the definition of when life begins in the bill of rights. The current zambian constitution in part iii, protection of fundamental rights and freedoms of the individual the bill of rights of the current zambian constitution, esc rights are not explicitly provided for.
An act to provide for the printing and publication of the amended constitution. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or. The zambian bill of rights download ebook pdf, epub, tuebl. This act may be cited as the constitution of zambia amendment no. Zambia is scheduled to appear before the human rights committee in march to present its second periodic report to that body. Chapter one the bill of rights as envisaged by the founders of the concept this chapter shall on one hand focus on the exploration of the source of the concept of the universal rights and freedoms that came to be known as the bill of rights while on the other hand it shall endeavor to identify the original proponents of these rights and how they came to be. The heading to part 3 of the constitution of zambia of 1996 is protection of fundamental rights and freedoms of the individual. One of those opposed to the bill is the law association of zambia laz, which has petitioned in the constitutional court to challenge the decisions of president edgar lungu, the attorney general. The bill of rights is subject to be incorporated in the new zambian constitution upon a referendum on august 11th, 2016. This act may be cited as the constitution of zambia amendment act, 2019, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. With four months remaining before the general elections and the national referendum, it should be everybodys hope that this is sufficient time for zambians to decide on what they want. B 37, 2016 an act to amend the constitution zambia was released.
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