According to the State Department, Zambian security forces committed unlawful killings during 2008. The Legal Resources Foundation (LRF), an independent human rights organization that counseled victims’ families and represented them in actions against the government, consistently investigated and publicized such incidents. However, the government rarely punished perpetrators.
Police frequently used excessive force including torture when apprehending, interrogating, and detaining criminal suspects or illegal immigrants. In 2006, the government’s Human Rights Commission (HRC) reported that torture was prevalent in police stations, noting that, “police officers continue to rely on torture as an interrogation technique.”
Authorities also detained, interrogated, and physically abused family members or associates of criminal suspects in attempts to identify or locate the suspects. Officers who tortured, beat, or otherwise abused suspects, generally were not disciplined or arrested for such acts.
According to human rights groups, police occasionally demanded sex from female detainees as a condition for their release. There also were reports that police officers raped women and young girls while they were in custody.
Lack of professionalism, investigatory skills, and discipline in the police force remained serious problems. Low salaries and substandard government housing exacerbated police corruption, as did poor working conditions. Police released prisoners for bribes, extorted money from victims, and required “document processing fees” or “gas money” to commence investigations.
The constitution and law provide that authorities obtain a warrant before arresting a person for some offenses, but other offenses have no such requirement. For example, police are not required to obtain a warrant when they suspect that a person has committed offenses including treason, sedition, defamation of the president, unlawful assembly, or abuse of office. In practice, police rarely obtained warrants before making arrests.
Arbitrary arrest and detention remained problems. Police arbitrarily arrested family members of criminal suspects. Criminal suspects were arrested on the basis of insubstantial evidence, uncorroborated accusations, or as a pretext for extortion. Police stations frequently acted as “debt collection centers,” where police officers acting on unofficial complaints detained debtors without charge until they paid the complainants; in return, the police received a percentage of the payments.
Prolonged pretrial detention was a problem, and some defendants awaited trial for as long as three years. According to human rights groups, prison administrators routinely doctored paperwork to make it look as though prisoners had appeared before a magistrate when they had not, often because prison authorities had no fuel to transport prisoners to courts. Judicial inefficiency, lack of resources, and lack of trained personnel also contributed to prolonged pretrial detention.
Prison conditions were poor and life threatening. An inefficient judiciary delayed court proceedings and increased overcrowding. Poor sanitation, inadequate medical facilities, meager food supplies, and lack of potable water resulted in serious outbreaks of dysentery, cholera, and tuberculosis, which were made worse by overcrowding. Prisoners routinely complained that authorities denied them access to medical care as provided for by law. The failure to remove or quarantine sick inmates, combined with the lack of infirmaries at many prisons, resulted in the spread of airborne illnesses such as tuberculosis, often leading to prisoner reinfection and death. The HIV/AIDS prevalence rate in prisons was estimated at 27%. Antiretroviral treatment (ART) was available to some prisoners with HIV/AIDS, but poor nutrition often rendered ART ineffective.
Mob violence that targeted suspected criminals, persons accused of witchcraft, persons suspected of sexual impropriety, or persons with mental illness resulted in killings. No action was taken against perpetrators.
Journalists in the government-owned media generally practiced self-censorship. The government often criticized independent media outlets for being too outspoken. The government-controlled Times of Zambia and Zambia Daily Mail were two of the most widely circulated newspapers. The government exercised considerable influence over both newspapers, including reviewing articles prior to publication and censuring individuals responsible for published articles. Opposition political parties and civil society groups complained that government control of the two newspapers limited their access to mass communication. Government officials sometimes denounced vocal civil society leaders in the media to discredit them.
Officials engaged in corrupt practices with impunity. Petty corruption in the police and other public authorities was particularly problematic. The World Bank’s worldwide governance indicators reflected that corruption was a serious problem. There remained a widespread public perception that corruption was pervasive in almost all government institutions. Controls over government funds and property were often weak, investigative units often lacked authority and personnel, and officials dealing with the public frequently demanded illicit payments. Additionally, the government had no clear policy for the disposal of confiscated assets, and the process to liquidate assets seized in the anticorruption campaign was not transparent.
The penal code does not specifically prohibit marital rape, and statutes that criminalize rape cannot be used in a practical sense to prosecute cases of rape in marriage. Domestic violence against women was a serious problem, and wife beating and rape were widespread. In practice, the police often were reluctant to pursue reports of domestic violence and preferred to encourage reconciliation. The law prohibits the sexual harassment of children, but there are no laws that specifically prohibit sexual harassment of adults, and sexual harassment in the workplace was common. Due to traditional and cultural inhibitions, most cases of violence against women and children went unreported.
Women were severely disadvantaged in formal employment and education. Married women who were employed often suffered from discriminatory conditions of service. Women had little independent access to credit facilities; in most cases, they remained dependent on their husbands, who were required to cosign for loans. As a result, few women owned their own homes.
The traditional practice of “sexual cleansing,” in which a widow has sex with her late husband’s relatives as part of a cleansing ritual, continued.
Scarce resources and ineffective implementation of social programs continued to adversely affect children. Education was not compulsory, and many children did not attend school. According to the UN Children’s Fund, the sexual abuse of female students by their teachers discouraged many girls from attending classes.
Child abuse and violence against children were problems, particularly defilement. Early marriage was a problem. There are laws that criminalize child prostitution, but the law was not enforced effectively, and child prostitution was widespread.
Child labor was a problem in subsistence agriculture, domestic service, and other informal sectors, where children under the age of 15 often were employed, and the law was not enforced. Among the worst forms of child labor the law includes are child prostitution, slavery in all its forms, military conscription, and work that is harmful to the safety, health, or morals of children and young persons.
The government did not collect or maintain data on the extent or nature of trafficking in the country. However, trafficking, particularly in the form of child prostitution, was believed to be significant. A June 2007 study on child trafficking in the country published by the International Labor Organization (ILO) concluded that trafficking was predominantly internal and involved family members and relatives. The study noted that children were often trafficked as a source of cheap labor and that girls were more at risk of being trafficked than boys.
There were also reports of strong societal and employment discrimination against people with HIV/AIDS.
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