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TITLE:  ZAMBIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995









                             ZAMBIA


Zambia is a republic governed by a president, a unicameral 
national assembly, and a constitutionally independent 
judiciary.  After two decades of one-party rule, free and fair 
multiparty elections in October 1991 resulted in the victory of 
the Movement for Multiparty Democracy (MMD) and the election of 
President Frederick J.T. Chiluba, a former trade unionist.  In 
addition to the former ruling party, the United National 
Independence Party (UNIP), some 30 opposition parties were 
active to varying degrees.

The Zambia police, divided into regular and paramilitary units, 
and operating under the Ministry of Home Affairs, have primary 
responsibility for maintaining law and order.  In January 
President Chiluba appointed a new inspector general of police 
with a mandate to eliminate human rights abuses and 
corruption.  Despite reform efforts begun in 1994, including 
human rights training and punishment of some offenders, the 
police continued to commit abuses, including beating and 
extrajudicial killing of criminal suspects and detainees.  The 
Zambia Intelligence Security Service, under the Office of the 
President, is responsible for intelligence and internal 
security.

During 1994 the Chiluba Government continued its free market 
economic reform program.  Tight monetary and fiscal policies 
kept inflation low as the Zambian currency stabilized and real 
interest rates fell dramatically.  There was considerable 
public criticism of the reform program, exacerbated by 
allegations of high-level corruption in the Government.  Poor 
rains at the end of the 1993-94 growing season resulted in a 
reduced harvest of maize, the staple food.  The Government 
relied on imports to make up the shortfall.  The key copper 
industry benefited from increased world prices during much of 
the year, but production fell from 1993 levels.

The Government began to take steps to address one of its most 
serious human rights problems, police brutality.  Throughout 
the year the government-appointed Human Rights Commission 
aggressively pursued allegations of past and present human 
rights abuses and kept public attention focused on incidents of 
police wrongdoing.  Nevertheless, by year's end much remained 
to be done to restore professionalism and discipline to the 
police force.

The Government generally respected Zambians' civil liberties 
but persisted in attempts to limit freedom of the press.  The 
Constitutional Review Commission took public testimony during 
most of the year but had not yet drafted a new constitution to 
replace the 1991 Constitution.  The Government's commitment to 
legal reform with respect to the press remained unfulfilled.  
In December the National Assembly passed a bill strengthening 
judicial autonomy.  Prison conditions deteriorated further, 
posing an increased threat to the health and lives of inmates, 
and women continued to experience discrimination in both law 
and fact.  Wife beating and rape remained widespread.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including 
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killings during the year, 
but police continued to use excessive force that often resulted 
in extrajudicial killings.  In one well-publicized case in 
January, police claimed to have killed three armed criminal 
suspects attempting to flee the scene of a burglary.  However, 
after witnesses testified they had seen police take two of the 
three men into custody, the police revised their accounting of 
the incident, claiming instead that the two suspects had died 
of wounds suffered during a subsequent escape attempt.  
Credible reports indicated that the police had interrogated the 
two suspects and had killed one of them with a single shot in 
one eye.

According to reliable press reports, almost all based on 
statements by police spokesmen, police killed at least 30 
criminal suspects between January 1 and November 15.  Most of 
these killings allegedly occurred when police attempted to 
apprehend suspects during the commission of crimes.

At least 10 criminal suspects died in police custody, mostly as 
a result of beatings inflicted by police officers.  For 
example, the Human Rights Commission heard testimony from a 
Lusaka family that a relative died on May 19 after police broke 
his neck with an iron bar.  On June 10, a robbery suspect 
severely beaten by police died at Matero police station in 
Lusaka.  In another incident, never fully explained, a robbery 
suspect allegedly committed suicide by hanging himself in a 
jail cell in Chililabombwe.

Throughout the year, government officials, nongovernmental 
organizations, and the press closely scrutinized police 
involvement in human rights abuses, criminal activity, and 
corruption.  In January President Chiluba appointed Francis 
Ndhlovu as the new Inspector General of Police and gave him a 
mandate to reform the force.  Ndhlovu instituted a variety of 
measures designed to restore discipline, professionalism, and 
respect for human rights.  These included involuntarily 
retiring several senior officers; reopening the police training 
academy, which had been closed for 7 years, with a new 
curriculum that includes a human rights segment; cooperating 
with the Human Rights Commission in making police officers 
available to testify; arranging with the nongovernmental Zambia 
Civic Education Association (ZCEA) to provide human rights 
training to officers in selected police stations; undertaking 
investigations of instances of police use of excessive force; 
and beginning to discipline and prosecute officers who 
committed human rights abuses.  By August 1, some 230 
middle-ranking and senior police officers were enrolled in 
training courses at the police academy.

According to statistics made available by Inspector General 
Ndhlovu, at least 33 police officers were the subjects of 
internal investigations or prosecutions between January and 
September.  At year's end, most of these cases, which involved 
murder, attempted murder, and deaths in police cells, remained 
before the courts.  However, in 1994 the courts sentenced at 
least three officers to prison terms.  Further, according to 
reports in the Zambian press, the authorities arrested at least 
16 police officers between January 1 and September 15 on such 
criminal charges as robbery and possession of illegal narcotics.

In addition, the Human Rights Commission, chaired by prominent 
attorney Bruce Munyama, aggressively examined police human 
rights abuses in public hearings held throughout the year.  
These hearings not only brought to light numerous abuses, but 
they also forced police officers to account for their behavior 
in sworn testimony.  By year's end, the Commission had not yet 
submitted to the President its final report, which will include 
recommendations to improve the human rights performance of the 
police.

     b.  Disappearance

There were no known instances of disappearance.

     c.  Torture and Other Cruel, Inhuman, or Degrading 
         Treatment or Punishment

Although the 1991 Constitution prohibits torture, police 
regularly used excessive force when apprehending, 
interrogating, and detaining criminal suspects or illegal 
aliens.  In most such instances, detaining officers beat 
suspects.  During the year, the Human Rights Commission heard 
testimony from numerous credible witnesses who said police had 
assaulted and beaten them.  In one case, a middle-ranking 
police officer admitted that a senior officer had instructed 
her to deny medical attention to a suspect whom other officers 
had beaten.  In another incident, the authorities dismissed 
from the force and arrested four officers involved in abusing a 
young woman at Woodlands police station in Lusaka.

By year's end, the Government had not disciplined or prosecuted 
any of the individuals allegedly involved in the torture of 
persons detained in connection with the 1993 state of 
emergency.  According to the Law Association of Zambia, 
officers who in 1993 beat a youth suspected of theft are still 
employed.

Deteriorating prison conditions posed an increased threat to 
prisoners' lives.  According to official statistics, prisons 
designed to hold 6,500 prisoners held over 12,000.  This severe 
overcrowding, combined with poor sanitation, inadequate medical 
facilities, meager food supplies, and lack of potable water 
resulted in serious outbreaks of dysentery and other diseases 
at various prisons throughout the year.  In July a prisoner in 
Mongu died from meningitis and in August a prisoner in Kitwe 
died from dysentery, according to reports in the Zambian 
press.  Also in August, dysentery struck some 44 inmates at 
Kamfinsa prison in Kitwe.

During August an official told Home Affairs Minister Chitalu 
Sampa that Kamfinsa, Kansenshi, and Ndola remand prisons had 
run out of food and were feeding prisoners only coarse hominy 
and salt.  The Human Rights Commission visited Kamfinsa prison 
in early 1994 and was reportedly appalled by the deplorable 
living conditions of prisoners.

     d.  Arbitrary Arrest, Detention, or Exile

Criminal suspects are often arrested on the basis of flimsy 
evidence or an uncorroborated accusation.  In these and other 
criminal cases, the law requires that a detainee be charged and 
brought before a magistrate within 24 hours.  Pretrial 
detainees are allowed access by attorneys and family members.  
However, in practice, the authorities hold most detainees for 
more than 1 month from commission of an offense to first 
appearance before a magistrate.  In many cases, an additional 
period of 6 months elapses before the magistrate commits the 
defendant to the High Court for trial.  Following committal, 
preparation of the magistrate court record for transmittal to 
the High Court takes months--in some cases as long as a year.  
Once a case reaches the High Court for trial, court proceedings 
last an average of 6 months.

Approximately 3,000 of the 12,000 prisoners are awaiting trial 
on criminal charges.  In early 1994, in an effort to 
demonstrate that the courts as well as prosecutors were 
responsible for long delays in the judicial process, the 
Director of Public Prosecutions compiled a list of 
approximately 150 prisoners who had been awaiting trial since 
1988.  In some cases, defendants have been awaiting trial for 
10 years.  In August a judge discharged a defendant who had 
been in custody since 1986.  These long delays are the result 
of inadequate resources, inefficiency, lack of trained 
personnel, and broad rules of procedure that give wide latitude 
for prosecutors and defense attorneys to request adjournments.

Although there is a functioning bail system, overcrowded 
prisons reflect the large number of detainees who have 
committed serious but common offenses for which bail is not 
granted.  These include murder, aggravated robbery, and since 
1993, violations of the narcotics laws.  Also, poor or indigent 
detainees rarely have the financial means to post bail.

The government legal aid office is responsible for providing 
legal representation to poor or indigent detainees and 
defendants in both criminal and civil cases.  In practice, few 
receive assistance.  In 1994 the office had 15 attorneys to 
cover the entire country and a budget of $110,000.

According to well-informed sources, police stations frequently 
become "debt collection centers,"  where police officers, 
acting upon an unofficial complaint, will detain a debtor 
without charge indefinitely until he or she pays the 
complainant.  In return, the police receive a percentage of the 
payment.  This situation is commonplace among police stations 
in Copperbelt province.

The authorities held approximately 550 foreigners, principally 
from neighboring countries, as illegal aliens until they could 
deport them.  At times, these detentions last months or years.

In the past the Government has not used exile for political 
purposes.  However, on September 1, the Government deported 
John Chinula, a member of the Central Committee of UNIP, the 
former ruling party.  Minister of Home Affairs Chitalu Sampa 
said that Chinula had been determined by the Government to have 
been a "prohibited immigrant" who entered Zambia illegally from 
Malawi, where the Government alleged he was born.  Legal and 
human rights groups protested the deportation, asserting--along 
with Chinula--that Chinula had been born in Zambia and that the 
deportation was a denial of due process.  Zambian law provides 
that a prohibited immigrant is liable to deportation once a 
valid deportation order is signed.  Chinula's longstanding ties 
to Zambia and his prominence as a politician raised questions 
about the Government's motives in deporting him.

     e.  Denial of Fair Public Trial

The Government respects the independence of the judiciary.  On 
December 2, the National Assembly passed a judicial autonomy 
bill that will enhance the independence of the courts by 
separating their administration from the Ministry of Legal 
Affairs.

The President nominates and the National Assembly confirms the 
Chief Justice and the other eight members of the Supreme 
Court.  The Court has appellate jurisdiction for all legal and 
constitutional disputes.  Several high courts have authority to 
hear criminal and civil cases and appeals from lower courts.  
Magistrate courts have original jurisdiction in some criminal 
and civil cases, while local, or customary, courts handle most 
civil cases at the local level.

These local courts employ the principles of customary law, 
which vary widely throughout the country.  Lawyers are barred 
from participating, and there are few formal rules of 
procedure.  Presiding judges, who are usually prominent local 
citizens, have great power to invoke customary law in rendering 
judgments regarding weddings, divorces, inheritances, other 
civil proceedings, and minor criminal matters.  Judgments are 
often not in accordance with the Penal Code; for example, they 
tend to discriminate against women in matters of inheritance 
(see Section 5).

Trials in magistrate courts are public, and defendants have the 
opportunity to confront accusers and present witnesses.  Many 
defendants, however, are too poor to retain a lawyer and the 
poor state of the Government's legal aid department means that 
many Zambians entitled to legal aid find that it is unavailable.

There are no political prisoners in Zambia.  The trials of a 
number of UNIP members detained in connection with the 1993 
state of emergency continued in the courts during 1994.  All 
defendants remained free on bail while their trials proceeded.  
One person convicted in 1993 remained free pending 
consideration of his appeal.  In March a Lusaka magistrate 
acquitted one of the defendants.  In September another 
magistrate found Member of Parliament Wezi Kaunda, son of the 
former president, guilty of possession of a seditious document--
the so-called zero option plan.  Kaunda was exonerated, 
however, of the more serious charge of treason and remained 
free as he appealed the conviction to the High Court.

     f.  Arbitrary Interference with Privacy, Family, Home, or 
         Correspondence

The Constitution provides for respect for privacy and the 
inviolability of the home, and the authorities generally 
respected these rights in practice.  Except during a state of 
emergency, the law requires a warrant before police may enter a 
home.  Roundups of suspected illegal aliens in the home or 
workplace continued.  According to the government Commissioner 
for Refugees, immigration officials are empowered under the law 
to conduct these roundups without a warrant.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

While the Constitution provides for freedom of expression and 
of the press, the Penal Code lists various prohibited 
activities that may be broadly interpreted and in effect 
restrict freedom of expression and press.  By year's end, no 
action had been taken on media reform proposals to revise many 
of these archaic Penal Code provisions.  The Government 
generally respected freedom of expression, but invoked these 
restrictive laws--for example, prohibiting defamation of the 
President--in selected cases.

The Government or its appointed officials filed over two dozen 
libel and defamation suits against the independent weekly 
newspaper, The Post, in response to a series of headlines and 
stories focusing mainly on issues of corruption and 
controversial government policies.  The Government harassed 
Post personnel by detaining them for short periods for 
questioning in connection with these reports.  In another 
instance, the Government charged a Member of Parliament and 
former minister with making accusatory statements in the course 
of his reaction to having been fired from his ministerial 
position.  At year's end, these libel and defamation suits were 
still awaiting decisions by the judiciary.

In August Parliament passed an ethics bill, one section of 
which extended the authority of investigative tribunals to call 
as witnesses journalists and media managers who print 
allegations of parliamentary misconduct.  Failure to cooperate 
with the tribunal may result in charges of contempt punishable 
by up to 6 months in jail.  Although the Government denied it, 
this was seen by the media as a clear infringement on press 
freedom and a means for parliamentarians to bypass the clogged 
court system in dealing with libel suits against the media.  
The Press Association of Zambia announced its own media ethics 
code and voluntary industry ethics board within days after the 
bill was passed, denouncing the amendment in the process.

The Government owns the two most widely circulated newspapers, 
as well as most radio and television broadcasting stations.  
There are a number of independent newspapers, three of which 
are active in questioning government actions and policies and 
which enjoy considerable circulation.  At midyear, the 
Government approved and issued eight licenses to independent 
radio and television broadcasters to begin construction of 
facilities.  The first of these went on the air in December.  
The Government exercises considerable influence over the 
government-owned media, which to varying degrees have followed 
the government line on important issues.

The Government took no action to restrain academic freedom 
during the year.  In October, however, the Government sternly 
warned University of Zambia students not to participate 
actively in politics.  Education Minister Alfeyo Hambayi, 
recalling student unrest that has led to frequent university 
closings, said students wishing to participate in politics 
should leave school.  Authorities threatened that students who 
violated the ban would lose their scholarships.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of peaceful assembly and 
association.  In practice, the Government respected these 
provisions.  Under the Public Order Act of 1955, persons or 
organizations wishing to hold an assembly, public meeting, or 
procession must first apply for a permit.  The Government 
routinely granted these permits to political parties and 
nonpolitical organizations, including to former President 
Kenneth Kaunda, who beginning in July held a series of 
political meetings and rallies.

All organizations must apply formally for registration to the 
Registrar of Societies.  In most cases the authorities 
routinely approved these applications.  However, an Islamic 
party, which the Government refused to register in 1993, had 
not been registered at year's end.  During the year, there were 
over 30 political parties in operation.

     c.  Freedom of Religion

Freedom of religion is provided for in the Constitution, and 
all faiths worship freely.

     d.  Freedom of Movement Within the Country, Foreign 
         Travel, Emigration, and Repatriation

The Constitution provides citizens the right to move freely 
throughout Zambia, to reside in any part of the country, and to 
depart and return to the country without restriction.  The 
authorities generally respected these rights during 1994, but 
police roadblocks to control criminal activity continued, and 
police sometimes extorted money and goods from motorists.

The United Nations High Commissioner for Refugees (UNHCR) 
estimated that there were approximately 141,000 refugees, 
mainly Angolans, in Zambia in 1994, down slightly from 1993.  
The Government cooperated with the UNHCR in processing 
applications for refugee status.

A steady trickle of Zairians continued to cross into Zambia 
during the year.  In response to alleged criminal activities of 
many Zairians in the border region, the Government rounded up, 
arrested, and deported many Zairians and other illegal aliens 
throughout the year.  The deportation of illegal aliens is 
lawful, but Zairians and others who had been accorded refugee 
status by the UNHCR were sometimes picked up and held for 
varying lengths of time before being released.  In several 
cases, the Government deported refugees who were registered 
with the UNHCR.

Section 3  Respect for Political Rights:  The Right of Citizens 
           to Change Their Government

Zambian citizens exercised the right to change their government 
in free and fair multiparty elections in 1991, following years 
of one-party rule by UNIP.  Nationwide local government 
elections are scheduled for 1995; elections for President and 
the National Assembly are scheduled for 1996.  The ruling MMD 
controls the executive branch and the National Assembly.

Under the 1991 Constitution the President wields broad 
authority.  Although the National Assembly ratifies major 
appointments and has other powers, in practice it continued 
during 1994 to provide only a limited check on executive 
authority.  The state of emergency that President Chiluba 
declared in March 1993 lapsed 3 months later, and he did not 
use this constitutionally authorized power during 1994.  The 
pace of constitutional reform increased during the year as the 
24-member Constitutional Review Commission conducted hearings 
throughout the nation.

The MMD continued to be the dominant political force in the 
country.  UNIP was further weakened by internal divisions, 
exacerbated during the last 6 months of the year by former 
president Kaunda's return to active politics.  The National 
Party, formed in 1993, foundered due to indecisive leadership, 
internal divisions, and a lack of clear direction.  These and 
other political parties generally operated without government 
interference, although individual UNIP members were sometimes 
subjected to harassment.  Several political parties contested 
National Assembly by-elections, all but one of which were won 
by the MMD.  These elections featured a low turnout of 
registered voters, and their fairness was undermined by the 
MMD's use of government resources--including the state-owned 
media--during campaigns.  In some instances, MMD campaign 
themes were highly intimidating, such as when high-ranking 
government officials told voters that their region would not 
receive development assistance if they failed to elect the MMD 
candidate.

Opposition parties called on the MMD to update the voter 
register in order to enfranchise thousands of citizens who 
became eligible to vote since the register was last updated in 
1989.  Although the Government publicly recognized the need to 
revise the register, by year's end it continued to delay the 
preparation of a concrete registration plan.

The number of influential women in politics and government is 
increasing.  Women now serve as cabinet ministers, deputy 
ministers, members of the National Assembly, ministerial 
permanent secretaries, numerous elected local government 
officials, and leaders of nongovernmental organizations.

Section 4  Governmental Attitude Regarding International and 
           Nongovernmental Investigation of Alleged Violations 
           of Human Rights

A number of human rights and civic organizations operated 
without government hindrance.  These include the Law 
Association of Zambia, the Foundation for Democratic Process, 
and the Zambia Civic Education Association.  Other groups were 
active in promoting women's civil and political rights.  The 
government-appointed Human Rights Commission operated 
throughout the year and, as previously noted, was a vigorous 
human rights advocate.

In general, the Government continued to be receptive to 
criticism from human rights and civic organizations, but on 
occasion, government officials, including the Home Affairs 
Minister, accused human rights monitors of abetting crime and 
thwarting the work of the police through their focus on the 
victims of police brutality.  Despite such charges, the police 
cooperated with the ZCEA during part of the year to facilitate 
human rights training to police officers, although a dispute 
over course content disrupted the training in August.  In 
September the ZCEA and police agreed to resume the training in 
early 1995 at the police training academy.  Police officers 
regularly appeared before the Human Rights Commission.

The Government was receptive to inquiries or visits by 
international human rights organizations.

Section 5  Discrimination Based on Race, Sex, Religion, 
           Disability, Language, or Social Status

The Constitution prohibits discrimination based on race, tribe, 
sex, place of origin, marital status, political opinion, color, 
or creed.

     Women

Both the Constitution and law entitle women to full equality 
with men in most areas.  In practice, Zambian women are 
severely disadvantaged compared to men in formal employment and 
education.  Married women who are employed often suffer from 
discriminatory conditions of service.  For example, allowances 
for housing and children and tax rebates to which they as 
employees are entitled often accrue to their husbands.  
Similarly, women have little independent access to credit 
facilities; in most cases, they remain dependent on husbands, 
who are required to sign for loans.  As a result, few women own 
their own homes.

Customary law and practice also place women in subordinate 
status with respect to property, inheritance, and marriage, 
despite various constitutional and legislative provisions.  
Under traditional customs prevalent in most ethnic groups, all 
rights to inherit property rest with the deceased man's 
family.  The 1989 Intestate Succession Act is designed to 
guarantee women a share of the joint estate.  Under the Act, 
the children of a deceased man share equally 50 percent; the 
widow receives 20 percent; the parents, 20 percent; and 
relatives, 10 percent.

In practice, "property grabbing" by the relatives of the 
deceased man continues to be rampant, particularly when local 
customary courts have jurisdiction.  These courts often use a 
different law, the Local Courts Act, to distribute inheritances 
without reference to the percentages mandated in the Succession 
Act.  As a result, many widows receive little or nothing from 
the estate.  Another problem is that fines for property 
grabbing mandated by the Succession Act are extraordinarily low 
given high inflation since the law was enacted.  During 1994 
the Ministry of Legal Affairs and nongovernmental organizations 
examined ways to amend the law to safeguard the rights of women 
more effectively and to increase the penalties for violations.  
By year's end, however, an amended Succession Act had not yet 
been introduced in Parliament.

Violence against women remained a serious problem.  Wife 
beating and rape were commonplace.  According to official 
statistics, 2,243 rape cases were reported to the police 
between 1990 and 1994.  Of these, 709 resulted in conviction 
and 102 in acquittal.  The remainder were either dismissed or 
are unresolved.  Defendants convicted of rape normally were 
sentenced to prison at hard labor.  Since many rapes are not 
reported to the police, the actual number is certainly much 
higher.  Domestic assault is a criminal offense, but in 
practice police are often reluctant to pursue reports of wife 
beating.  In June the spokesman for the Zambia police said that 
officers will follow up on a case if a victim desires to press 
charges, but that in other cases police will try to broker a 
reconciliation.  The Government and nongovernmental 
organizations expressed increasing concern about violence 
against women, and the media devoted considerable publicity to 
it during the year.

     Children

The Government seeks to improve the welfare of children, but 
scarce resources and ineffective implementation of social 
programs adversely affected the welfare of children and adults 
alike.  Due to harsh economic conditions, both rural and urban 
children often must work in the informal sector to help 
families make ends meet (see Section 6.d.).

There was no pattern of discrimination or societal abuse 
against children.  In September the Ministry of Legal Affairs 
sponsored a 3-day workshop on "The Human Rights of the Child."

     People with Disabilities

Persons with disabilities face significant societal 
discrimination in employment and education, and the Government 
took steps to ameliorate their hardships, including 
establishing a national trust fund to provide loans to the 
disabled to help them start businesses.  The Government has not 
legislated or otherwise mandated accessibility to public 
buildings and services for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution provides for the right of citizens to form 
trade unions, and approximately 60 percent of the 300,000 
formal sector workers are unionized.  The country's 19 large 
national unions, organized by industry or profession, are 
affiliated with the Zambia Congress of Trade Unions (ZCTU).  
The ZCTU is democratically operated and, like its constituent 
unions, is independent of any political party and the 
Government.  By a majority vote of its members, a union may 
decide on affiliation with the ZCTU or with trade unions or 
organizations outside Zambia.  The ZCTU is a member of the 
International Confederation of Free Trade Unions.  Labor 
leaders travel without restriction to international conferences 
and to visit counterparts abroad.  In late 1994, the Mine 
Workers Union of Zambia and a number of other ZCTU constituent 
unions, in rejecting the results of ZCTU leadership elections, 
took steps to disaffiliate themselves from ZCTU and establish a 
rival umbrella organization.  This process continued as the 
year ended.

The 1993 Industrial and Labor Relations Act (ILRA) 
reestablished the "one industry, one union" principle.  The 
Bankers Union of Zambia, a new union, was duly registered with 
the Government in 1993 but has been unable to operate because 
the employers recognize the existing Zambia Union of Financial 
and Allied Workers.

In November 1993 the Ndola High Court ordered the Government to 
register the Secondary School Teachers Union of Zambia.  The 
Government appealed to the Supreme Court, noting that secondary 
school teachers were already represented by the Zambia National 
Union of Teachers.  The case remained pending at year's end.

All workers have the right to strike, except those engaged in 
essential services, the Zambia Defense Force, the judiciary, 
the police, the prison service, and the intelligence security 
service.  The ILRA defines essential services as power, 
medical, water, sewerage, firefighting, and certain mining 
occupations essential to safety.  It permits strikes only after 
all other legal recourse has been exhausted, and in practice 
all work stoppages during the year were illegal.  The ILRA 
prohibits employers from retribution against employees engaged 
in legal trade union activities.  Workers engaged in illegal 
strikes do not enjoy this protection, and there were at least 
two instances in 1994 when employers fired workers engaged in 
illegal strikes.

     b.  The Right to Organize and Bargain Collectively

The right to bargain collectively is established by legislation 
and is contained in the ILRA.  Employers and unions in each 
industry negotiate collective bargaining agreements through 
joint councils in which there is no government involvement.  
Civil servants and teachers, as public officials, negotiate 
directly with the Government. Collective disputes are first 
referred to a conciliator or a board of conciliation.  If 
conciliation fails to resolve the dispute, the parties may 
refer the case to the Industrial Relations Court or, in the 
case of employees, vote to strike.  In practice, the industry 
joint councils function effectively as collective bargaining 
mechanisms.

The ILRA prohibits antiunion discrimination by employers 
against union members and organizers.  An employee who believes 
he or she has been penalized for union activities may, after 
exhausting any existing administrative channels for relief, 
file a complaint with the Industrial Relations Court.  This 
Court has the power to order appropriate redress for the 
aggrieved worker.  The complainant may appeal a judgment of the 
Industrial Relations Court to the Supreme Court.  In practice, 
the Court often orders employers to reinstate workers found to 
have been the victims of discrimination.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits slavery and involuntary servitude, 
but it authorizes citizens to be called upon to perform labor 
in specific instances, for example, during national emergencies 
or disasters.  Moreover, a citizen can be required to perform 
labor that is associated with traditional civic or communal 
obligations, as when all members of a village are called upon 
to assist in preparing for a visit by a traditional leader or 
other dignitary.

     d.  Minimum Age for Employment of Children

By legislation, the minimum age for employment of children is 
16.  The Labor Commissioner effectively enforces this law in 
the industrial sector, in which, because of the high demand for 
employment by adults, there are no jobs available to children.  
However, the law is not enforced for the vast majority of 
Zambians who work in the subsistence agricultural, domestic 
service, and informal sectors, where persons under age 16 are 
often employed.  In urban areas children commonly engage in 
street trading.

     e.  Acceptable Conditions of Work

In August, pursuant to Statutory Instrument Number 99, the 
Minister of Labor set the minimum wage for nonunionized workers 
at $0.11 (70.30 kwacha) per hour.  On a monthly basis, assuming 
a 48-hour workweek, a worker earning the minimum wage would 
receive $22 (14,600 kwacha).  The minimum wage covers 
nonunionized workers in categories such as general workers, 
cleaners, office orderlies, and watchmen.  The minimum wage is 
insufficient to provide an adequate standard of living, and 
most minimum wage earners must supplement their incomes through 
second jobs, subsistence farming, or reliance on the extended 
family.

With respect to unionized workers, each industry through 
collective bargaining sets its own wage scales.  In practice, 
almost all unionized workers receive salaries considerably 
higher than the nonunion minimum wage.

The legal maximum workweek for nonunionized workers is 48 
hours.  Maximum limits for unionized workers vary.  The minimum 
workweek for full-time employment is 40 hours and is, in 
practice, the normal workweek.  The law requires 2 days of 
annual leave per month of service.  Zambian law also regulates 
minimum health and safety standards in industry, and the 
Department of Mines is responsible for enforcement.  Factory 
safety is handled by the Inspector of Factories under the 
Minister of Labor, but staffing problems chronically limit 
enforcement effectiveness.  There are no legislative provisions 
to protect a worker who refuses to work on safety grounds.

(###)

[end of document]

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