Why the UN human rights rapporteur on freedom of expression visited Zambia
By Aaron Ng’ambi
In August 2021, the Zambian people changed their government through a general election. This would be the third time that the country would witness a peaceful transfer of power from one political party to another.
Therefore, until now, Zambia’s democratic credentials, and the country’s reputation for being peaceful, could not be challenged. But what is happening in the political space of late is becoming a cause for concern, as evidenced by the presence of Irene Khan, the UN human rights rapporteur for freedoms of opinion and expression in the country.
She was in Zambia from 20 to 31 January to assess the country’s freedom of expression landscape, including the laws and regulations regarding freedom of expression and assembly; the safety of journalists and allegations of censorship.
She was expected to find many violations of freedoms of expression in Zambia under Hakainde Hichilema’s administration.
The question that many people wrestle with now is how Hichilema (commonly known as HH) and his United Party for National Development made such a U-turn and ended up on such an embarrassing trajectory
This is especially because, when the man took office, he was seen as a symbol of hope for the region and a breath of fresh air. He said all the right things as a newly elected president and was posing as the man Zambia and the region had been waiting for after spending over 15 years as an opposition leader.
Also, the fact that, prior to 2021, HH suffered terribly at the hands of his predecessor, who imprisoned him 15 times — mostly on trumped-up charges as a form of punishment. Hence, it was Hichilema who promised the Zambian people that, if elected, he would do better.
Unfortunately, his actions, and those of his administration, are proving to be different from what he promised. There have been many complaints and reports of how the Zambian government is suppressing the freedoms and liberties of innocent individuals, while targeting political opponents.
The UN Human Rights Council has a designated special rapporteur dedicated to promoting and protecting the rights of freedoms of opinion and expression. Historically, we know that this mandate was established in 1993 by the UN Commission on Human Rights and was extended in 2008.
The importance of this special rapporteur cannot be understated, especially with the modern challenges of dealing with sophisticated dictators and fragile democracies. It is these special rapporteurs who investigate violations of the rights of ordinary people to freedom of opinion and expression.
Furthermore, if these violations are proved, it becomes the job of the UN special rapporteur to recommend ways the regime can better promote and protect people’s rights.
Among the groups of people whose rights are of key interest to the UN are journalists; human rights advocates and defenders; civil society organisations and politicians.
Unfortunately, Zambia joined the list of countries, including Myanmar, where the UN special rapporteur Frank la Rue was sent on a fact-finding mission in 2013 in 2014.
As a military junta, Myanmar’s record of human rights violations pertaining to freedom of expression, the safety of journalists and censorship is despicable.
In 2016, another UN special rapporteur David Kaye was sent to Turkey to investigate the country’s crackdown on media freedom, as the regime was on a rampage of arresting journalists and shutting down media outlets.
Kaye also went to South Korea in 2017, investigating the country’s freedom of expression landscape, as reports of online censorship emerged.
Interestingly, the Zambian government, through the minister of foreign affairs, has claimed that special rapporteur Khan is in the country by its invitation.
Regardless of whether this is true or not, the draconian measures embraced by the regime in Lusaka is the reason why Khan is in Zambia.
President HH’s administration has jailed journalists, silenced critics, oppressed opposition politicians and has engaged in many schemes to censor online discourse that attempts to expose government corruption and failures. As if this was not enough, the government has been hell bent on using a colonial-era law on “seditious practices” to intimidate anyone who disagrees with it.
Today, it is a crime in Zambia to call out the lies uttered by the president. People have been imprisoned and punished for simply pointing out that, on such and such an occasion, HH lied to the people or made a promise he has now abandoned.
The ordinary Zambian is fearful of speaking out because the president himself has publicly stated that he has planted people in WhatsApp groups, and on other social media platforms, to spy on the people. The man has unleashed the state apparatus to undertake surveillance of citizens without consent and this, too, is a violation of privacy as a fundamental human right.
For the first time in Zambia’s history, the country is seeing a huge number of people fleeing as political fugitives, seeking asylum in distant places, their crime simply something they said or posted on social media against the government. This is absurd but nonetheless the new reality under the leadership of President Hakainde Hichilema.
In the final analysis, it must be stated that, no matter who invited the UN special rapporteur Irene Khan, her visit could not have come at a better time. During the last day of her mission in Zambia (31 January 2025), Khan presented a preliminary report of her findings to the Republican President Hakainde Hichilema, as the public waits to see the regime implement the recommendations in that report — if any.
It is incumbent upon Khan to do her job with diligence and without fear or favour. This report that she has presented to the Zambian government, the press and, subsequently, to be presented to the UN Human Rights Council in June 2025, could literally save the lives of the many people who are in prison on petty charges that border on violations of free expression.
This report has the potential to realign the trajectory of Hichilema’s administration, sending it towards pursuing good governance, tolerance for divergent views and a flourishing democracy in Zambia.
Aaron Ng’ambi is a geopolitical analyst and columnist, leadership instructor and a social entrepreneur. [email protected].
Why the UN human rights rapporteur on freedom of expression visited Zambia
