WITHDRAW BILL ON HATE SPEECH, IT IS DRACONIAN AND INFRINGES ON FREEDOM OF EXPRESSION AND RIGHT TO HOLD OPINIONS
…you cannot enact such a law designed to impose such punitive penalties and a twenty sentence without thorough public debate and input from stakeholders…
By Amb. Emmanuel Mwamba
Article 20 of the Constitution of the Republic of Zambia states: “Except with his own consent, no person shall be hindered in the enjoyment of his/her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence”.
The National Assembly, through its Committee on Legal Affairs, Human Rights and Governance is currently considering among other Bills, a Bill to amend the Penal Code to repeal and replace, section 70 to prohibit and restrict certain type of speech and expression.
The Bill seeks to strengthen punishment for speech offences that express hatred, ridicule, sectarianism, incitement, ethnic or tribal divisions, ill will, hostility or contempt.
The law also seeks to increase jail terms to between seven (7) years to twenty (20) years.
In its view, Government seeks to criminalize expression of hatred and contempt to promote social respect and to curb discriminatory language. Government also seeks to provide for a law that will act as a deterrent against hate speech, against inciting violence, discrimination, stigmatization of individuals or groups.
Government is pushing one of the most draconian bill to grace our Parliament. A casual scrutiny of the Penal Code (Amendment) Bill no.17 of 2024 seeks to severely restrict constitutionally guaranteed freedom of expression, freedom to hold opinions, freedom to espouse religious beliefs and cultural views and flies in the face of internationally recognized protocols and conventions.
The proposed amendments have been drafted in wording and language that is wide and broad and using undefined terms to understand what expression the law wishes to restrict. The terms such as ridicule, ill-will, hostility, contempt, ethnic or tribal divisions have not been defined and will likely be subject to arbitrary application and abuse by the State.
This law will infringe on the fundamental right to freedom of expression, will be arbitrary in its application, is overreaching, and will be frequently misapplied and abused by the State to curb honest criticism, checks and balances exposing misbehavior, corruption, misrule and misgovernance.
The other proposed amendments designed to prohibit expression or speech, that in their view, may cause public disorder, or civil unrest, or may result in strife or an uprising against Government, are a duplication of already existing laws such as the Defence Act, the Public Order Act, and the Criminal Procedure Code (CPC), laws that provide for dealing with such matters.
Imposing a twenty years sentence for speech related offences is totally disproportionate, excessive and is contrary to principles of fairness and Justice.
Further the wording of the proposed amendments may outlaw or restrict public gatherings entirely.
It is clear that looking at the foregoing, the law is being crafted to clearly curb scrutiny, public criticism, curb checks and balances, dampen public discourse on critical issues affecting the country and seeks to outlaw criticism of government.
As seen in the last three years, where there has been selective application of the law against the opposition, this law is being enacted to target for prosecution President Hakainde Hichilema’s critics, political opponents and the Opposition.
Enacting this law will cause further division as the misapplication of the current law has sowed discontent and disaffection that a certain group of people in Zambia is being targeted for harrasment and destruction.
This law is also inconsistent with Article 20 of the Zambian Constitution, and international treaties and protocols such as, the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and People’s Rights, and the Declaration of Principles of Freedom of Expression and Access to Information in Africa.
We call upon Government to withdraw the Penal Code (Amendment) Bill no.17 of 2024 until sufficient consultations are made amongst stakeholders and until a proper bill is drafted that will not be subjected to state abuse, arbitrary applications and should not infringe on cardinal freedom of expression, religious and cultural rights.
We have warned that President Hichilema has fostered a dictatorship in the country.
He has narrowed the democratic and media space and has abused, degraded and eroded the independence and autonomy of democratic institutions. If allowed to proceed to legislate this Law, it will amount to legislating tyranny and this will mark will be the end of Zambia’s democratic aspirations.
WITHDRAW BILL ON HATE SPEECH, IT IS DRACONIAN AND INFRINGES ON FREEDOM OF EXPRESSION AND RIGHT TO HOLD OPINIONS
