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About Human rights commission
Our History
The Human Rights Commission (HRC) is a National Human Rights Institution established pursuant to Article 230 of the 1991 Constitution of Zambia as amended by Act No 18 of 1996 and Act No 2 of 2016. The HRC is mandated to ensure that the Bill of Rights is upheld and protected.
The establishment of the HRC followed recommendations to the Government by the Munyama Commission of Inquiry appointed in 1992 to investigate and establish violations of human rights during the second republic (1972 – 1991). The Commission of inquiry proposed the establishment of a Permanent Human Rights Commission that would promote and protect human rights.
In 1996, the Mwanakatwe Constitution Review Commission also proposed the establishment of a Permanent Human Rights Commission. Consequently, the 1991 Constitution (as amended in 1996), enshrined in Part XII, Article 125, the establishment, independence and autonomy of the HRC. Article 126 provided for enabling legislation to encompass the functions, powers, composition, procedures, etc. of the HRC, which is Chapter 48 of the Laws of Zambia (Human Rights Commission Act No. 39 of the Laws of Zambia).
The Constitution as amended by Act No 2 of 2016 establishes the HRC under Article 230 as read together with other provisions including Articles 216, 238, 241 and 242.
Article 230 specifically mandates the HRC to:
- investigate and report on the observance of rights and freedoms;
- take necessary steps to secure appropriate redress where rights and freedoms are violated;
- endeavour to resolve a dispute through negotiation, mediation or conciliation;
- carry out research on rights and freedoms and related matters;
- conduct civic education on rights and freedoms;
- perform such other functions as prescribed.
The function, powers, composition, funding and administrative procedures, including the employment of staff, of the Human Rights Commission are prescribed under the HRC Act, Chapter 48 of the Laws of Zambia.
Mandate
The Constitution of Zambia (Amendment) Act No. 2 of 2016 provides under Article 230 (2) that the Commission shall ensure that the Bill of Rights is upheld and protected.
Further, the Commission is mandated under Article 230 (3) to:
- Investigate and report on the observance of rights and freedoms;
- Take necessary steps to secure appropriate redress where rights and freedoms are violated;
- Endeavour to resolve a dispute through negotiation, mediation or conciliation;
- Carry out research on rights and freedoms and related matters;
- Conduct civic education on rights and freedoms;
- Perform such other functions as prescribed.
Our Vision
A society that respects and upholds human rights for all persons in Zambia.
Mission Statement
The Human Rights Commission as a National Human Rights Institution, seeks to contribute to the promotion of full enjoyment and protection of human rights for all people in Zambia; through advocacy and promotion of human rights, investigation and appropriate redress of human rights violations, and monitoring of compliance with human rights standards.
Value Statement
The Human Rights Commission pledges to serve its clients with impartiality, integrity, transparency and accountability while upholding virtues of independence in the discharge of its duties.
Impartiality
HRC will always endeavour to be fair and objective in the execution of its mandate;
Integrity
HRC will be anchored on virtues of truthfulness and honesty in all its dealings;
Transparency
HRC will strive to adhere to the fundamental principles of openness to scrutiny from all stakeholders especially the people it serves;
Accountability
HRC has committed itself to prudent use of the trust given to us by the public, be it in use of resources or exercising judgment on matters entrusted to it.
Amend The Bill of Rights
WHY IT SHOULD BE AMENDED?
The Bill of Rights in Zambia only provides for civil and political rights. It does not include economic, social and cultural rights. Hence the need to expand the scope of rights guaranteed in the current Bill of Rights
BAIL
Police Bond is free of any charge
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Powers
The powers of the Commission are set out in Section 10 of the Human Rights Commission Act Chapter 48 of the Laws of Zambia and they include:
- an aggrieved person acting in such person’s own interest;
- an association acting in the interest of its members;
- a person acting on behalf of an aggrieved person or;
- a person acting on behalf of and in the interest of a group or class of persons.
To issue summons or orders requiring the attendance of any authority before the Commission
To issue summons or orders requiring the attendance of any authority before the Commission and the production of any document or record relevant to any investigation by the Commission;
To question any person in respect of any subject matter under investigation before the Commission
To question any person in respect of any subject matter under investigation before the Commission;
To require any person to disclose any information within such person’s knowledge relevant to any investigation by the Commission and;
Further, the Commission has powers to recommend the following remedies:
• the release of a person from detention;
• the payment of compensation to a victim of human rights abuse, or to such victim’s family;
• that an aggrieved person seek redress in a court of law: or
• such other action as it considers necessary to remedy the infringement of a right.
It must be noted, however, that the HRC does not have powers to intervene where a matter is pending before a court.
Our Team
Commissioners
Section 5 of the Human Rights Commission Act Chapter 48 of the Laws of Zambia provides that the Commission shall consist of the Chairperson, Vice-Chairperson, and not more than five other Commissioners.
The Commissioners shall be appointed by the President, subject to ratification by the National Assembly. The Chairperson and Vice-Chairperson shall be persons who have held, or are qualified to hold, high judicial office.
The Commissioners are entrusted with the responsibility of ensuring that the Commission is fulfilling its mission and remains accountable in the implementation of its constitutional mandate. This is done through providing policy direction, strategic leadership, guidance and expertise to the Commission in the execution of its mandate.
On Monday, 27th June, 2022, the Vice Chairperson and four other Commissioners were sworn into office by the President of the Republic of Zambia, Mr. Hakainde Hichilema at State House, having been ratified by the National Assembly on 24th June 2022. The Chairperson had his tenure of office renewed for another three years by President Hichilema on 28th March 2022, the same day the Vice Chairperson and four other Commissioners were appointed by the President.
The Commission is now composed of seven members as follows:
Pamela Towela Sambo – Ph.D
Chairperson
Felicty Kayumba Kalunga – Ph.D
Vice Chairperson
Rev. Canon Emmanuel Y. Chikoya
Commissioner
Ms. Laura Mary Miti
Commissioner
Ms. Christine Chama
Commissioner
Ms. Panic Chilufya
Commissioner
part 2
Mandate
The function of the Human Rights Commission are prescribed under the HRC Act, Chapter 48 of the Laws of Zambia.
In Sections 9 of the Human Rights Commission Act, the HRC is mandated to:
- investigate human rights violations;
- investigate any maladministration of justice;
- propose effective measures to prevent human rights abuse;
- visit prisons and places of detention or related facilities with a view to assessing and inspecting conditions of the persons held in such places and make recommendations to redress existing problems;
- establish a continuing programme of research, education, information and rehabilitation of victims of human rights abuse to enhance the respect for and protection of human rights; and
- do all such things as are incidental or conducive to the attainment of the functions of the Commission.
Our Team
Management
The management team is headed by a Director who is appointed by the Commission and assisted by the Deputy Director. The management team include following heads of departments and units:
Ms. Sindiso Ngatsha Sichone
Director
Ms. Katendi Kapiná Nkombo
Deputy Director
Mr. Foster Hamuyube
Chief, Research and Planning
Mr. Mweelwa Muleya
Chief, Information, Education and Training
Mr. Innocent Nyambe
Chief Investigation and Legal Services
Ms. Kabandala Inambao
Head Finance and Accounting
Ms. Ireen Kalunga
Internal Auditor