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Political governance in Zambia: A Civil Society Perspective


Appendix V
Recommendations of the Mwanakatwe Constitutional Review Commission by Statutory Instrument number 151 of November 22, 1993 (under the Inquiries Act cap 181).


On PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS The commission recommended extension of Human Rights, both in scope and form, e.g:
  • Women and children’s rights;
  • the right to peaceful assembly without prior authority;
  • the right to petition government and get a response thereto;
  • the right to freedom of information;
  • right of journalist not to be compelled to disclose their sources;
  • the right to clean environment; suspects must be brought before a court of law within 48 hours of arrest;
  • all media financed by or under the control of government would be organised and regulated in a manner which would ensure impartiality and the expression of diversity of opinions, and;
  • every person should have the right to access all information held by the State or any of its organs at any level of government in so far as such information is required for the exercise or protection of any of his or her constitutional rights.
Note: Government rejected the entire Bill of Rights, by invoking Article 79 of the Constitution of Zambia Act 1991, which provides for Parliament to amend the constitution without alteration of the Bill of Rights. Alteration of the Bill of Rights requires a national referendum. Lawyers and Human Rights groups argued that the 1996 amendment bill had technically altered and affected the bill of rights21.

Footnote:
  1. http://afronet.org.za/reports/rephome.htm


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