Mvunga (1991)

ENFORCEMENT MACHINERY OF HUMAN RIGHTS

1. PERMANENT HUMAN RIGHTS COMMISSION

   The commission accordingly recommends the establishment of a Permanent Human rights commission.

   This is accepted and is in fact in line with the government decision made when announcing the Munyama Human Rights Commission but will be established under an Act of Parliament as an investigative commission.

2. APPOINTMENT AND COMPOSITION OF HUMAN RIGHTS COMMISSION

Commissioners recommended that:

1. The Human Rights commission should be composed of a chairperson and six other members appointed by the Judicial Service Commission, subject to ratification by the National Assembly, and would be constituted as follows:

1. One person with the expertise in human rights nominated by the president.

2. Two representatives with expertise in human rights nominated by women organisation;

3. One person nominated by religious organisations;

4. One person, a human rights activist, nominated by the Law Association of Zambia; and

5. One person nominated by the Trade Unions.

1. The chairperson of the commission should be a Judge of the High Court or a person qualified to hold such office, with human rights experience.

   This is accepted but should read "a person who has held or is qualified to hold High Judicial office".

2. The chairperson and members of the commission should be persons of high moral character and proven integrity and should serve for a period of four years, and be eligible for reappointment. This is not accepted because matters relating to the term of office and qualifications for members should be provided for in an Act of parliament.

1. FUNCTIONS OF THE HUMAN RIGHTS COMMISSION

Commissioners recommend that the commission should have the following functions:

1. Investigate, at its own initiative, or on a complaint made by any person or group of persons against any human rights violations.

2. Visit jails, prisons and places of detention or related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations;

3. Establish a continuing programme of research, education and information to enhance respect for human rights;

4. Recommend to the National Assembly effective measures to promote human rights, including provisions of compensation to victims of violations of human rights, or their families and

5. Submit annual reports on its activities to the National Assembly

The commission recommends that the Human Rights Commission should have powers and the right:

1. To issue summons or orders requiring the attendance of any person or authority before the commission and the production of any document or record relevant to any investigation by the commission;

2. To question any person in respect of any subject matter under investigation before the commission; and

3. To require any person to disclose any information within his or her knowledge relevant to any investigation by the commission.

   In the exercise of its power, the commission may:

   1. Recommend to the appropriate person or authority to take such action as appears to the commission necessary to remedy the infringement of a human right or freedom, including the release of a person detained or the payment of compensation. This is accepted; and

   2. Bring proceedings in a court of competent jurisdiction on behalf of the person whose human right or freedom has been infringed seeking an appropriate remedy for the infringement.

1. INDEPENDENCE OF THE COMMISSION

The commission recommends that The Constitution secure the Human Rights Commissions administrative and financial independence and recommends that there be a formulation in The Constitution to the effect that the Human Rights Commission should not, in the performance of its duties, be subject to the direction or control of any person or authority and that:

1. The commission should be self-accounting and all its administrative expenses, including salaries, allowances and pensions payable to persons serving on it should be charged on the general revenue of the Republic.

2. The chairperson and other members of the commission should be paid such salaries and allowances as the National Assembly may prescribe.

The commission recommended that a constitutional court be established. This is not accepted. However, appropriate steps should be taken to establish a division of the high court to handle election petitions, Human rights issues and constitutional matters.

Further, the commission recommends that:

1. There is need to make the rules and regulations to allow for easy and cheaper access to The Constitutional court by the underprivileged; and

2. The court should not be a final court. Appeals would lie to a full bench of the Supreme Court. The powers, composition and jurisdiction of the court are discussed in Chapter 13.

3. This is noted.