Foreword
The year 2002 was a year obscured by the questioned integrity of presidential and parliamentary elections of the preceding year. Most events either directly related to the elections and events at that time or are an indirect offshoot of the electoral contentions still abounding.

In general, the year was characterised by continued negation of the due process of law; constraints to media freedom due to defamation of the president and criminal libel clauses in the country's laws; the continued misapplication of the Public Order Act; challenges to the integrity of the 2001 presidential and parliamentary elections; and, cases of extrajudicial killings, unlawful detentions, and torture.

It is clear that the socio-political contract between the citizenry and the State with respect to human rights protection like providing security of life, respect for human dignity, provision of sustainable livelihoods, allowing for the exercise of the right to political choice, freedom of expression - was below expectations.

The 2002 Zambia Human Rights Report is the cornerstone of Afronet's core business - human rights information and communication. The Report does not only take stock of human rights abuses, the strengths and weakness of State institutions tasked with human rights and governance protection, but it is also takes stock of human rights provisions that the general citizenry, law enforcement agents and others officers of the State should be always aware of in their daily endeavours and pursuit of their duties. The latter is informed by Afronet's desire to adequately meet its mandate of human rights information, reporting and communication. It is hoped that this report can serve as a tool for human rights awareness, training, and advocacy.

As with most work of this nature, the Inter-African Network for Human Rights and Development (Afronet) would like to extend its gratitude to the many people who worked tirelessly to make the 2002 Zambia Human Rights Report a reality.

Particular gratitude is extended to the external researchers Alfred Chanda (PhD); Austin Mbozi; Dr. Mary Ngoma; Eric Kamwi; Fanuel Sumaili (PhD); Priscilla Chileshe; the Legal Resources Foundation and the National Legal Aid Clinic of the Law Association of Zambia for allowing use of their data and personnel; and Afronet staff members. Special thanks to Womba Mayondi for her appreciable efforts in collating the data and sources for the report.

Lastly, Afronet is greatly indebted to its co-operating partners and individuals who continue to be supportive of Afronet's pursuits. Afronet sincerely values their support and contributions.

Ngande Mwanajiti
Executive Director
The Inter-African Network for Human Rights and Development (Afronet)
Lusaka, Zambia
April 2002

INTRODUCTION
Human rights as enshrined in a country's laws and international instruments should be understood to be a socio-political contract between the citizenry and the State. The underlying assumption of this contract is that the citizenry in a democratic dispensation allows the State to exercise authority over them, so that the citizenry can redeem certain guarantees, with such guarantees being the State undertaking to, for example, provide security of life and sustainable livelihoods, allow for the exercise of the right to political choice, freedom of expression and so on.

International human rights protection instruments are usually categorised into two main groups - civil and political rights, and economic, social and cultural rights. Civil and political rights obligate the State not to do something against its citizenry, like not to kill, not to impinge on free speech and assembly, or not to torture. Economic, social and cultural and cultural rights, on the other hand, obligate the State to do something for its citizenry, like to provide clean water or acceptable standards of health and or medical care. Some civil and political rights, however, do also obligate the State to do something for its citizenry. For example, the right to a fair trial or due process of the law.

Zambia’s legal system is dualistic. This means that the obligations under international human rights protection instruments will only be locally effective if they are incorporated in domestic law. Despite this, the government of Zambia still has an obligation to ensure rights are protected. Unfortunately for the Zambian citizen, Zambia lacks a culture of enacting the requisite enabling statutes to transform them into domestic law, despite ratifying some of the most significant instruments (Appendix I).

The Afronet Zambia Human Rights Report provides the realities of human rights promotion, protection and enforcement, as monitored and verified in the year 2002. With specific reference to legal instruments that will enable the avid reader to make an informed follow up, where such information impinges on their own circumstances.

The report does not portend to cover all negations, but simply provides a synopsis of the events as monitored within the institutions means, as a means of interrogating the socio-political contract between the citizenry and the State.

Part one of the report covers civil and political rights constituting an expose on the rule of law, justice and the judiciary; freedom of expression and the media; freedom of assembly and association; the right to political choice; and, the police, torture and the victims.

Part two, deals with economic, social and cultural rights with particular attention to food, poverty and the State; the right to education; the State and health.

Part three, deals with women and the State, with emphasis on issues related to the security of women.

Part four, State institutions and human rights protection, provides an overview of the performance of the Anti Corruption Commission and the Drug Enforcement Commission.