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Government Rejects UN Claims Over Opposition Leaders

Government has rejected a claim by the United Nations Special Rapporteur that...

By Arnold Tutu

Government has rejected a claim by the United Nations Special Rapporteur that people arrested during the just-ended elections are political detainees.

The government says it disputes the characterisation of people facing criminal proceedings as political detainees and recent developments as a post-election crackdown.

A statement released by the Ministry of Foreign Affairs and International Cooperation in Lusaka today says the news release by the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association contains errors of law, presents contested allegations as facts and risks prejudicing ongoing court proceedings.

The government has also rejected the description of treason as a capital offence, saying Zambia abolished the death penalty in 2022 and removed it from military law in 2023.

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It says Zambia subsequently acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which entered into force for the country in March 2025.

The Government has called on the Special Rapporteur and the Office of the United Nations High Commissioner for Human Rights to publicly correct the reference to treason as a capital offence and to distinguish between allegations and verified facts in future statements.

It says criminal allegations should be determined by Zambia’s courts, while suspects remain entitled to due process, including the presumption of innocence and a fair hearing.

The government has further questioned the Special Rapporteur’s reference to alleged electoral flaws, intimidation, assaults, abductions and deaths, saying such claims require independent and comprehensive verification.

It says while it values the contribution of the United Nations Special Procedures to the promotion and protection of human rights, such engagement must rest on accuracy, objectivity, due regard for information supplied by the State, and respect for the specific mandate entrusted to each mandate holder.

The government says Zambia remains committed to constitutional democracy, political pluralism, freedom of peaceful assembly and association, the rule of law and cooperation with United Nations human rights mechanisms.

It says the news release by the Rapporteur is in sharp contrast and falls short of the position taken by the Special Envoy of the United Nations Secretary-General, who was present in Zambia during the events in question and personally facilitated the handover of the two opposition leaders into the care of the Church and subsequently to the security agencies.

The statement says the handover of the two was done on the basis of assurances made by the Government of the Republic of Zambia that the fundamental rights of the suspects will be respected at every stage of the due process.

The Government says the United Nations Special Envoy engaged directly on the ground and chose constructive facilitation contrary to the Special Rapporteur who has from a distance and without engagement chosen condemnation by news release.

And the Government says being a member of an opposition party does not place a person beyond the reach of the law, nor does it convert a criminal suspect into a political detainee.

It says Zambia has constitutional responsibilities to protect public safety, national security and the democratic order.

Government says while Zambia welcomes scrutiny, this must be done on the standards of fairness, accuracy and impartiality that the Human Rights Council has set.

Source: Zambia24 — Read more

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