Discrimination, the International Convention Against Torture, and other
Cruel, Inhuman or Degrading Treatment or Punishment, the International
Convention on the Elimination of All Forms of Discrimination Against
Women and the Convention on the Rights of the Child and the African
Charter on Human and People’s Rights. In addition the State party has
ratified regional instruments for the protection and promotion of human
rights and fundamental freedoms. However, international instruments are
not self-executing and require legislative implementation to be effective in
Zambia as law. Thus, an individual cannot complain in a domestic court
about a breach of Zambia’s international human rights obligation unless
the right has been incorporated into domestic law. Nevertheless, courts in
Zambia have in appropriate cases given judicial notice to international
instruments which Zambia has ratified or acceded to even though these
have not been reduced into domestic legislation.
81.
The Judiciary plays a prominent role in the protection of fundamental
freedoms and human rights because a victim of any human rights
violation has a right to institute proceedings and where appropriate,
remedies are granted.
The establishment of the Human Rights
Commission has further added to the promotion of the enjoyment of
human rights. Where a person’s rights have been violated, that person
may complain to the Human Rights Commission. As earlier stated the
Commission may investigate such violations and if proved, recommend to
the relevant authorities to redress the violation.
Although the Human
Rights Commission has been criticised because it does not have any
enforcement powers, the Commission’s ability to expose human rights
violations tends to deter further abuses.
82.
The media in Zambia enjoys an increasingly high degree of freedom,
which allows the press, radio and television to play a significant role in
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