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 50

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