Zambia Must Deliver On Promises To Protect Freedom Of Expression, UN Expert Says

LUSAKA (31 January 2025) – Human rights are at a crossroads in Zambia as the country prepares for general elections in 2026 amidst major economic challenges and rising political tensions, a UN expert said today.

“This government came to power on a platform for change, promising to uphold human rights, and it must follow through on its commitments to foster a truly enabling environment for the freedom of expression,” said Irene Khan, the Special Rapporteur on Freedom of Expression, in a statement at the conclusion of an official visit to Zambia from 20 to 31 January 2025.

Highlighting some positive developments since the Government came to power in 2021, Khan commended the Government for adopting the Access to Information Act.

“It is now crucial that this law is fully implemented, including through the full operationalisation of the Human Rights Commission as the access-to-information agency,” she said.

Khan also welcomed the decriminalisation of defamation of the President but cautioned that other legal provisions continue to restrict free expression. “Laws on criminal libel, seditious practices, insults, hate speech and cybercrimes are being used to prosecute, punish and silence critical voices and must be repealed or revised,” she said.

“Legal reform is imperative but equally, there is also the need for clear policies to ensure that police and prosecutorial authorities apply the laws in a fair and non-discriminatory manner,” she said.

The expert said she had sensed disappointment with the slow pace of reforms and growing concerns that oppressive tools and tactics employed by the previous regime were being revived to suppress criticism against the current government.

The Special Rapporteur expressed concern about the continued application of the Public Order Act by the police as a license to restrict and disrupt public gatherings. She urged the government to speed up the repeal and replacement of this law.

Khan said that Zambia faces a high level of online information manipulation by political actors.

“I am disturbed by the rising tide of disinformation and smear campaigns generated by politicians, including from the opposition, seeking to manipulate public opinion, heighten tensions and create confusion,” she said.

The expert urged politicians to exercise responsibility in their speech.

“While political speech enjoys strong protection as a human right, politicians have a special responsibility to inform, not mislead, the public and refrain from advocacy that incites violence, hostility or discrimination which is strictly prohibited under international law,” Khan said.

The Special Rapporteur called for legal reforms to ensure the independence of key institutions, including the judiciary, the Independent Broadcasting Authority, the Electoral Commission, and the Human Rights Commission, to ensure accountability and safeguard freedom of expression.

"Respect for freedom of opinion and expression is vital for Zambia’s development as well as democracy,” she said.

Irene Khan is the UN Special Rapporteur on the right to freedom of opinion and expression.

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