In recent months these promising words have been contradicted by a worrying trend in harassment of the opposition and the independent media. The government's track record on respect of human rights since the last Consultative Group meeting has shown that the attaching of clear benchmarks on human rights can encourage improvements (such as the ratification of the Convention against Torture) but that human rights remain generally poorly respected in Zambia and that bilateral donors should continue to place human rights conditions on their balance of payments support packages to the Zambian government in order to clearly signal their concern about continued human rights abuses and through these benchmarks encourage the government to make further improvements in its respect for human rights.

Zambia, once promoted as a model for democracy in Africa, has been distinguished by a pattern of on going human rights abuses by government officials against the independent media and the opposition in the wake of a military coup attempt on October 28, 1997 when soldiers seized the national radio station in the government's Mass Media Complex.⁽¹⁾ A few hours later Zambia army commandos stormed the complex, regained control, and captured the rebel soldiers. The following day, a state of emergency was declared by President Chiluba and a crackdown ensued on suspected accomplices in the coup attempt and leaders of the legal opposition. A number of opposition politicians were targeted, including Zambia Democratic Congress (ZDC) leader Dean Mung'omba and, on December 25, ex-president and United National Independence Party (UNIP) leader Kenneth Kaunda.⁽²⁾

Constitutional guarantees of many basic human rights were suspended in the months that followed the coup attempt. In early January 1998 the number of detainees peaked at 104 people; by September this had declined to seventy-six as detainees were gradually released.

Human Rights Watch received information that at least fourteen of the detainees, including Mung'omba were tortured or beaten by police while in detention in early November 1997, although the government does not acknowledge this. One of the detainees, Corporal Robert Chiulo, died on November 7 at Lusaka's Mana Soko Military Hospital. The hospital said that he had died of malaria, but other medical sources at the hospital told us that he died of injuries resulting from torture and that a post mortem had not been done. Some of the detainees were reportedly tortured with the "Kampelwa" (the "Swing"), described as being suspended from a metal rod thrust between two tables, with hands hand-cuffed to the rod and rope binding their legs to it. Police officers reportedly beat them while they hung.

In late November 1997 Human Rights Watch sought to independently verify the allegations of torture but was denied access to the detainees. In March 1998 we gained access to two detainees, Kaunda and the ruling-Movement for Multiparty Democracy (MMD) women's chair, Princess Nakatindi Wina, but failed again to gain access to most, although we monitored their appearance in court. Amnesty International was also denied access to most of the detainees in April, although it too gained access to Kaunda.

Charges were dropped against UNIP leader Kenneth Kaunda and his head of security, Moyce Kaulung'ombe on June 1, 1998. Kaunda's release followed a deal struck between the government and his family in which Kaunda was to agree to retire from politics. On July 3, Kaunda told a UNIP Central Committee meeting that he would leave domestic politics although in January 1999 he announced he would actually stay in politics.

On June 9, 1998 the treason trial of seventy-seven soldiers and two politicians (Mung'omba and Nakatindi Wina) began. Detentions continued in the run-up to the trial: Ndola businessman and former Finance Bank Chairman Rajan Mahatani was detained on June 6 and charged in connection with the attempted coup and then released on July 15 with all charges dropped.

In July Human Rights Watch monitored the treason trial's progress and was able to meet in court Dean Mung'omba, who said he had been tortured and that he was being treated for Tuberculosis which he contracted in prison. A number of detainees in this case have collapsed in court in 1998 and 1999 due to illness brought about or exacerbated by poor remand prison conditions.

The government-appointed Permanent Human Commission (HRC) submitted a report to the government on March 30, 1998 naming several individuals who detainees say were torturers. They included, police chief Teddy Nondo, who on June 25 was confirmed as Drug Enforcement Deputy Commissioner. The report's key recommendations was: "Immediate retirement in the public interest of officers involved in torture of detained or remand persons" and, reflecting the HRC's semi-official status, that the authorities "work out a retirement package" for such officers.

The government announced on August 11, 1999 that it had set up an independent commission of inquiry to probe into allegations of torture of the suspects in the failed 1997 coup and appointed High Court Judge Japhet Banda to head it. In August the cabinet approved the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The state of emergency was also marked by restrictions of the rights of freedom of expression, assembly, and association and by prolonged arbitrary detentions. Lawyers defending detainees linked to the coup attempt were harassed by police. Robert Simeza, Dean Mung'omba's lawyer was harassed in early November 1997: he received anonymous phone calls, his supermarket business was raided, and he was aggressively followed until he complained to the inspector general of police, Mwangala Zaloumis and Sakwiba Sikota, lawyers defending Kenneth Kaunda also alleged police harassment in January 1998.

During this period the police acted in an arbitrary manner, allowing pro-government rallies to be held but banning opposition or independent demonstrations. NGOs also had their requests for parade permits turned down.

Freedom of expression was also curtailed by the state of emergency, and there was harassment of journalists. State journalists that were working at the time of the coup were also brought under scrutiny and a number lost their jobs.

In May 1998 Zambia Daily Mail reporter Joy Sata faced disciplinary action by the paper after stating on a television discussion show that this government-owned newspaper practiced a policy of censoring stories critical of government. Zambia Daily Mail acting news editor Justine Mwiinga was a few days previously suspended for leading an editorial protest against the management's decision to limit coverage of the October 20 attempted coup.

Investigations by AFRONET indicated that there was an attempt by government in November 1998 to fire some editors in the state media that were suspected of having become soft, especially in ZNBC and the Zambia Daily Mail. A notice from the Ministry of Information was put up in the news rooms warning that "pro-opposition" staff members could face stern action. The Minister of Information Newstead Zimba denied these allegations in early December.⁽³⁾

The state of emergency was extended on January 29, 1998 but lifted on March 17, following strong E.U. and U.S, donor protest and a clear message from the World Bank that a consultative group meeting could only occur once the state of emergency ended. President Chiluba announced that the measure was intended to assure the outside world that Zambia was a democratic country.

Dean Mung'omba and Princess Nakatindi Wina were finally released from detention and the charges of treason dropped on December 18, 1998. The trial of the soldiers continued into 1999. On May 5, nine soldiers were found in court with "no case to answer." Sixty-seven fellow army soldiers continue to be on trial.

II. HARASSMENT OF THE OPPOSITION

National Citizen's Coalition (NCC)

Pastor Nevers Mumba declared in late 1997 that he was considering contesting the 2001 presidential elections with his National Christian Coalition. On June 20, 1998, Mumba announced formally that he was launching a new party and contesting the 2001 elections with his National Citizen's Coalition. Soon after this announcement the Zambia Revenue Authority issued him a tax demand for around U.S. $1.5 million, a figure backdated to 1993 based on the income of the church he heads, Victory Ministries International, which like other churches had been tax exempt.⁽⁴⁾

Nevers Mumba has since complained that the state media has been very selective in what they publish or broadcast about his party and that he has found that even former business associates and bank managers have told him that they have been warned by government officials not to assist or work with him.⁽⁵⁾ Following the launch of his party Mumba became the focus of a hostile press campaign.⁽⁶⁾ A journalist working for the state media in Kitwe told Human Rights Watch that although they wanted to cover what the National Citizen's Coalition they had received an internal advisory not to cover Mumba, a policy reflected by the lack of coverage about his activities in 1998 in the state media.⁽⁷⁾

In 1999 Nevers Mumba has claimed that he is not allowed to preach on Radio Christian Voice and Trinity Broadcasting Network because he is a politician. This is an arbitrary move because President Chiluba and Pastor Pule have been provided with air time by these radio stations. ⁽⁸⁾ On May 3, the NCC joined the Zambia Alliance for Progress (ZAP) opposition party alliance.

United Party for National Development (UPND)

In late 1998 Anderson Mazoka indicated that he would form an opposition party and that he would resign from being the Managing Director of the Central African Division of the Anglo-American Corporation. On November 30, 1998 the State owned Zambia Daily Mail in a lead story headlined, 'Devil's Club Exposed,' linked opposition leader Anderson Mazoka to the Free Masons, a 'cult enjoying popularity among some affluent members of society and associated with devil worshiping.' Supporters of Mazoka stormed the Zambia Daily Mail offices in Livingstone, threatening to beat up the author of the story, George Malunga, who had by then fled.

It appears that these allegations were aimed at maligning Mazoka and bringing him into ridicule because of his presidential aspirations. When he was an active member of the Movement for Multiparty Democracy (MMD) his alleged activities with this cult were not publicized. Mazoka left the MMD when his efforts to stand as ward chairman were frustrated by the MMD.

Mazoka has also claimed that his wife, Christine, has been trailed by state agents since he entered the political arena. According to Mazoka she was tailed by a car for several months and that only when he commented about this in public did it stop. Mazoka told Human Rights Watch that a Zambian official had said she was 'being followed for her safety,' although he or his wife had never been informed about this.⁽⁹⁾ Soon after announcing his entry to opposition politics the Zambia Revenue Authority went to Anglo-American (his ex-employers) six times in December 1998 and sought to establish if the company was a funder of his party. Mazoka has also claimed that the authorities have tapped his phone and that he has been given access to transcripts of his conversations to prove this.⁽¹⁰⁾

In early 1999 Mazoka launched his opposition UPND party. On February 27, 1999 President Chiluba with immediate effect removed Foreign Affairs Permanent Secretary Dorothy Mulwila and replaced her with Copperbelt Secretary Ngosa Simbyakula. Dorothy Mulwila's husband is UPND vice-president John Mulwila. Dorothy had been called by President Chiluba in February to be told that she had two choices, to get her husband to resign from his post, or to divorce him if she wanted to keep her job.⁽¹¹⁾ She heard nothing more and then while in line at Lusaka airport to see off Presidential Affairs Minister Eric Silwamba heard him announce she had been replaced. To date she has not seen any letter confirming her removal from post, and has been attempting to obtain compensation.⁽¹²⁾

UPND Lusaka provincial chairman Joseph Chilengi was also arrested by police on March 17 and later released on bond, on charges that he and Binwell Tunga acted together on March 9 by defaming President Chiluba, when they announced at an opposition rally that Tunga was hired and paid K500,000 ($210.97) by President Chiluba to spy and plan an assassination of UPND president Anderson Mazoka. Surprisingly the police appear to have made no investigations into Tunga's claims before they arrested and charged Chilengi and Tunga. A number of politicians have claimed that Binwell Tunga was a professional conman seeking funds for dramatic stories.⁽¹³⁾

The UPND in May 1999 was also told by Mr Sakala, the President of the Show Ground Society that its office in the Lusaka Show Grounds had a month to move. Mr Sakala told Anderson Mazoka that the MMD District Chairman had contacted him to remind him that the Ground's management had a policy of not allowing political parties to operate in the grounds. However, prior to becoming a government in 1991 the Movement for Multiparty Democracy was permitted to have its offices in the Show Grounds.⁽¹⁴⁾

The UPND also in March requested the police to issue them a permit to hold a demonstration over the government's handling of its bilateral relations with Angola but this was turned down although during this period the police allowed a number of pro-government rallies.⁽¹⁵⁾ In mid-March the UPND planned a rally in Serenje for which it obtained a permit. However, Anderson Mazoka arrived late because of bad roads and the police informed him that there was only thirty minutes left to hold a rally according to the permit. This rally also attracted ten officers from the Office of the President and many other police officers. 'The large numbers of police deployed at my rallies are aimed at frightening people away - and it works. People watch the police rather than listen to us,' Mazoka told Human Rights Watch.⁽¹⁶⁾

The UPND has also encountered problems in printing its membership cards in Lusaka, with a number of printers turning down the business because of fear of government harassment. The UPND has had to seek a printer outside the country.⁽¹⁷⁾

Zambia Alliance for Progress (ZAP)

On May 3, 1999 six opposition parties and an NGO announced their merger (Agenda for Zambia; Labour Party; LIMA Party; National Citizen's Coalition; Zambia Democratic Congress and the National Pressure Group).

Sylvia Masebo is the chairperson of the National Pressure Group. She had previously been a senior official in the MMD and had left the party in December 1998 because of disillusionment. Since she became an opposition leader she or family members have begun to be harassed by government officials. Armed Drug Enforcement Commission (DEC) officers stormed Lusaka businessman Dick Masebo's Ibex Hill farm in the early hours of April 13. The five officers arrived at 06:00 hours with a search warrant, claiming to be looking for drugs. The officers searched the house, his car and the servant's quarters. During the search, which lasted about seven hours, DEC officers seized fifteen rounds of ammunition from Masebo after they found a box containing twenty-five rounds. They also took away a lion and zebra skin which were spread on the floor as decoration. Sylvia Masebo termed the search as "harassment by state security agents" and said the action against her husband was "because of my political activities."⁽¹⁸⁾

Police also denied the newly formed National Pressure Group (NPG) a permit to hold a peaceful demonstration on March 27 against what the NPG called the continued harassment of the Post newspaper's reporters and opposition political leaders in the country. The police refused the permit saying the government had banned all public gatherings in view of a cholera outbreak. However, the government organized a huge gathering in Lusaka to commemorate Youth Day and the Ministry of Energy and Water Development also held another gathering to commemorate the World Water Day without hindrance from the police. President Chiluba also held several gatherings in March where he met scores of his party cadres from the ruling Movement for Multi-Party Democracy during the renewal of party cards.

A meeting which should have been addressed by National Pressure Group coordinator Silvya Masebo was aborted after twelve cadres were picked up in Lusaka, saying they were holding a political meeting in a house in Chipata compound without a permit. Mrs Masebo and Zambia Democratic Congress (ZDC) vice-president Winter Kabimba were the conveners of the meeting. ⁽¹⁹⁾

The NPG held a rally at Lusaka's Kafue round-about on May 8. The rally was aimed at explaining the merger of opposition parties into ZAP and NPG chairperson Sylvia Masebo was the main speaker. Human Rights Watch monitored the rally and found that the state-electricity company, ZESCO, which the rally organizers had paid to supply a generator for the sound system failed to provide the generator, resulting in the rally being delayed for a number of hours. The result was that a number of the press and participants left.⁽²⁰⁾ In April the MMD had held a number of rallies at which ZESCO had never failed to deliver generators. A ZESCO official told Human Rights Watch that: "we are owned by the government - so we must do what they tell us."⁽²¹⁾

ZDC president Dean Mung'omba's motorcade was on February 11, 1999 stoned near Kapiri Mposhi by unknown people. Mung'omba has alleged that the people who attacked his motorcade were State agents who had been following them after they left Mbala. Mung'omba was in a Toyota Land Cruiser with National Citizens Coalition (NCC) president Pastor Nevers Mumba and National Pressure Group (NGP) chairperson Sylvia Masebo. They had been followed by a car all the way from Mbala.⁽²²⁾

ZDC secretary general Langstone Sichone also told Human Rights Watch that he was in a car returning from a rally in April 1999 when another vehicle tailed them all the way back to Lusaka and some times sped ahead and slowed down in front of them to make them break or forced them to speed up. He said he believed this was government agents at work trying to unnerve them.⁽²³⁾

ZAP has also encountered problems in getting itself registered in the run-up for forthcoming local government by-elections scheduled for July 27, 1999. Despite a number of attempts to get a registration certificate, interim chairman Dean Mung'omba was told by the Registrar of Societies that the committee which was supposed to sit and look at the application could not form a quorum.⁽²⁴⁾

United National Independence Party (UNIP)

After his release from detention on June 1, 1998, Kenneth Kaunda, UNIP's leader announced he would retire from domestic politics once a successor was found in the party. However, after a period of consultation and infighting in UNIP Kenneth Kaunda on January 12, 1999 announced that he would not retire from active politics because events in Zambia did not permit this. Following Kaunda's decision to continue in politics chief government spokesman, information and broadcasting minister Newstead Zimba warned that he would forfeit his retirement benefits.⁽²⁵⁾

On March 31, 1999 Kaunda found his nationality questioned in a court judgment to a petition placed by ruling party supporters. Government officials in their efforts to undermine, intimidate and silence the opposition have also increasingly questioned the ethnic origins of their critics. The nationality of many of these individuals had been recognized without challenge from the inception of the Zambian state in 1964 until the current government identified them as opposition.

UNIP's president Kenneth Kaunda has been the focus of many such threats.⁽²⁶⁾ This issue was last raised formally in October 1995 but emerged again in a judgment to a petition put by former Legal Affairs Minister Remmy Mushota and MMD member Patrick Katoyka. Judge Chalendo Sakala of Ndola's High Court who declared former president, Kenneth Kaunda, a stateless citizen and ordered the Citizenship Board of Zambia to quash his Zambian nationality.⁽²⁷⁾

Judge Sakala said the then acting Home Affairs minister John Mwabakatwe, made a "serious error" when he granted Kaunda citizenship in 1970. After the judgment, Kaunda's lawyers appealed to the Supreme Court and for a stay of execution for the order to quash Kaunda's Zambian citizenship, which was granted by Judge Sakala.⁽²⁸⁾

The same day Kaunda's Toyota Land Cruiser vehicle was shot at around 20:15 hours as it stopped to enter his house in Lusaka's Kabulonga. Human Rights inspected the vehicle and the scene of the incident by the front gate noting the broken glass of the drivers side window on the ground. We also recorded one bullet hole in the driver's door and that the driver's window had been shattered.⁽²⁹⁾

According to the vehicles driver Gilbert Piri:⁽³⁰⁾

We were being followed by a White Toyota minibus for a while. When we stopped to enter Dr Kaunda's grounds the mini-bus stopped a few meters away from the gate and a man jumped out with an AK-47. Edward Chanda (Kaunda's bodyguard) saw this and shouted to us that the man was armed so we all went under the seats. Then the man started firing. About three bullets entered through the door of the vehicle. One of the bullets missed me and went into my seat. Another bullet appeared aimed at the front passenger (usually where the old man sits [Kenneth Kaunda]). But Solam Zimba who had been there had opened the door and jumped out and the bullets passed through the opened door. After the firing, the mini van drove off at high speed.

A group of policeman led by Lusaka Division Police's commanding officer and an officer from the flying squad with a group of heavily armed officers arrived an hour later. They inspected the scene of the incident and picked up a beer bottle left behind by the minibus occupants for fingerprinting. The police also were handed three spent cartridges by UNIP recovered from the scene of the incident. The police said they would return with a metal detector to look in the grass for others but did not do this. No report or statement has been released by the police to date although the police have established that the mini-van's registration AAR 789 was false.

UNIP claims that they had received information prior to the incident that there might be an assassination attempt on Kaunda and that they had in January written a letter to the Inspector General of Police Francis Ndhlovu giving him the names of the people involved and asking him to investigate the issue.⁽³¹⁾ He has never replied.

This is not the only shooting incident. UNIP administrative secretary Basil Kabwe's residence in Lusaka's Ibex Hill was on April 12 around 20:00 hours shot at by an unknown gunmen. Kabwe described to Human Rights Watch that when his landlord Gen. Ton Fara opened the main door of the house there was a gun shot, then they heard sounds of broken twigs in the nearby bush and a few minutes later a vehicle took off from the main road.⁽³²⁾ Kabwe claims that an unknown person had also on April 13 stormed into his office and warned him against going home late or using the same route saying that the MMD was out to get him.⁽³³⁾

Kabwe has also been under police investigation for comments he made to the South African Mail and Guardian about possible UNITA support in Zambia.⁽³⁴⁾ He told Human Rights Watch he had been misquoted and that this investigation was just harassment.

III. FREEDOM OF EXPESSION

The Post newspaper has constantly been harassed by the government for its anti-government reporting.⁽³⁵⁾ The most recent clampdown on the Post followed an uproar in the National Assembly stemming from the lead story in the Post on March 9, 1999. The story entitled "Angola Worries Zambia Army, ZAF,"⁽³⁶⁾ prompted National Assembly Deputy Speaker Simon Mwila to order Defence Minister Chitalu Sampa to immediately take appropriate action against the Post.

Mwila made the directive to Sampa following a point of order by a fellow member of parliament in which the MP questioned whether the Post was justified to carry a story on the country's low military capabilities. Mwila told the House that he was concerned about the contents of the newspaper articles which exhibited a high level of unpartiotism towards the security of the country. A fellow MP charged that the article had managed to lay bare the country's military secrets by publishing an inventory of the weaponry.⁽³⁷⁾

On the night of March 9 and the morning of March 10, police in Lusaka rounded up six reporters of the Post. The police had been told to arrest all Post reporters before dawn of March 10, but many managed to give them the slip. The six reporters in police detention failed to appear at a habeas corpus hearing in the Lusaka High Court on the afternoon of March 11 after the state refused to present them to the court. Presiding Judge Chulu Essau subsequently issued a final order to the state to present the detained journalists by 9:00 am on March 12. The six were released on March 12 following a harbeas corpus application by the newspaper.

In his ordering their release, Judge Essau Chulu said: "This court will accordingly order the six be immediately set free. However, as stated yesterday, it is sad to note the circumstances under which they were detained and the failure by the state to bring them to court. It is my hope that the counsel [for the journalists] can only rely on Mr. Donald Kasote [principal State advocate] that the six will continue to enjoy their freedom...I thus make an order that the six be released immediately and set at liberty."⁽³⁸⁾

The Judge ordered the State to pay costs. Amos Malupenga described his ordeal:⁽³⁹⁾

At about 22:30 hours three plain clothes policemen came to my house in Emmasdale looking for me. A detective chief inspector Mwangala told my wife they were looking for me because I was seeing his girlfriend and that I owed him K400,000 [US$150.00].

My wife told them I was not around so they left and promised to return in the morning, which they did at about 05:00 hours. They hooted and hooted but there was no response so they decided to wait by the gate until 06:00 hours when they resumed the hooting. My wife told them I didn't return home the previous night but they insisted they wanted to search the house. She said she was not opening the doors unless they produced a search warrant, which they didn't have.

One officer went for reinforcements and to pick up the warrant while two others remained behind guarding the house. As this was happening, my brother-in-law attempted to jump over the wall fence so he could go and call my lawyers.

Officer Mwangala apparently saw him and fired a bullet in the air from his AK 47 assault rifle. he ordered everybody not to move or he was going to shoot. He was shouting at the top of his voice as moved around and warned that if he found me in the house then I would see how police officers work. He threatened to break the gate and house doors down . Finally, the gate was opened for them and I demanded to know why they wanted to hold me. I was told I was being held incommunicado. A few minutes later, four more police arrived wielding AK 47 rifles. They bundled me into the Mazda and sped off to Chilanga police station. We just stopped over at Chilanga and proceeded to Kafue where I was detained at Kafue estates police post without being told why. I remained in a filthy cell for the rest of the day and night and not given any food. It was mental torture because I didn't know what I had done and what might happen next.

The following day after lunch, four officers from Lusaka came and got me out of the cell and took me to another room where they interviewed me and charged me with espionage. I was then driven back to Lusaka where I found the rest of my colleagues and was formally arrested. Later in the evening we were divided into two groups of three and were taken to Woodlands and Kabwata police stations respectively. The following day we appeared in court for the habeas corpus application.⁽⁴⁰⁾

Between March 17 and March 31, police systematically called in the entire editorial staff of the newspaper and charged them with espionage.⁽⁴¹⁾

The charge of espionage to suppress legitimate debate on a matter of public interest represents a disproportionate punishment under the highest international standards, as set out in Principle 24 of the Johannesburg Principles on National Security, Freedom of Expression and Access to Information. The Johannesburg Principles were drawn up by an expert working group in 1995 and subsequently adopted by the U.N. Special Rapporteur on Freedom of Opinion and Expression.

Zambia is not at war and Human Rights Watch believes that the disclosure does not actually harm and is not likely to harm the national security interest, as laid down in principle 15 of the Johannesburg Principles. Indeed in a democratic context, the legitimacy of such a subject for discussion is unquestionable.

The ruling Movement for Multi-party Democracy (MMD) also obtained on March 18 an injunction restraining the Post from any further publication of articles concerning the security of Zambia and the country's stand-off with Angola. The summons was brought by MMD Kabwata constituency chairperson Richard Kachingwe and twenty other ruling party cadres along with the Attorney General.⁽⁴²⁾

The March 9 arrest of the Post journalists was coupled with a siege of the Post editorial offices and its separately located printing press, resulting in a delay of several hours in the printing of the paper. On March 10, police surrounding the two buildings prevented anyone from entering or leaving, and cut water and power supplies. On March 11, the Post failed to appear on the streets of Lusaka as scheduled, the first time in its seven-year history. Those trapped in the building housing the printing press were able to print the paper, but only managed to distribute it the following day for sale openly on the streets of Lusaka.

On April 16 twelve journalists from the Post newspaper facing charges of espionage were committed to the High Court for trial. A thirteenth journalist was discharged on a nolle prosequi. The twelve are: managing director and editor Fred M'membe, Dickson Jere, Reuben Phiri, Brighton Phiri, Mukalya Nampito, Joe Kaunda, Macpherson Muyumba, Liseli Kayumba, Lubasi Katundu, Goodson Machona, Douglas Hapande and Kelvin Shimo.

The journalists appeared before principal magistrate Edward Zulu for mention when prosecutor John Katongo said the state was ready to proceed with the case in the High Court. Amos Malupenga, who also appeared with the rest, was released and no explanation was given for his "freedom." Lawyer Sakwiba Sikota told Human Rights Watch that courts were not obliged to give any reasons but that he suspected that it could be that Malupenga was on leave at the time the contentious article was written.⁽⁴³⁾ The Post journalists if convicted will be in prison for a minimum of twenty years.

The Post continues to encounter government hostility to it. Zambia Information and Broadcasting Minister and chief government spokesperson Newstead Zimba on April 6, 1999 refused to talk to Post reporter Goodson Machona when asked to comment on the progress of the investigations into the bomb explosions which went off in Lusaka in March and the increased military patrols in the capital. Zimba's secretary informed the reporter that the minister had stopped talking to the Post and that the minister would not grant the reporter an interview.⁽⁴⁴⁾

The Post has not been the only target of censorship. On March 19, the state-owned Zambia Daily Mail refused to print the twelfth issue of the Zamcom Digest - an in-house training newspaper of the Zambia Institute of Mass Communication. Daily Mail marketing director John Mbofwana had said his company would not be liable for printing sensitive material.⁽⁴⁵⁾ The articles he referred to as sensitive concerned the Post reporters appearing in court in the week of March 15, and another on the manner in which Angolan-Zambian relations were affecting business in the country.

The Zambia Daily Mail also refused to print the Citizen newspaper in mid-March for the same reason. The Citizen had been carrying stories on allegations that some top officials in the Zambian government were involved in gun-running to Angola's UNITA rebels.⁽⁴⁶⁾

IV. THE CONSULTATIVE GROUP MEETING AND HUMAN RIGHTS

The international community's efforts to press for improved human rights protection and governance have been exemplary. The bilateral donors resolve to offer balance of payments support in return for positive actions by the Zambia government had results in the run-up to the May 1998 Consultative Group meeting in Paris. The World Bank had postponed this meeting in December 1997 and told the government that it would only be held when the state of emergency was lifted. At the May meeting, donors pledged U.S. $235 million in balance of payments support and U.S. $295 million in project aid; these pledges were conditional to specific benchmarks including measures reflecting improved respect for human rights (especially an independent investigation into allegations of torture). Unheard of for a consultative group meeting, the World Bank's final press statement specifically mentioned human rights concerns.

Similar issues will be before donors in Paris for the May Consultative Group Meeting. Many of the promises made by the Zambian government during the meeting, and re-iterated by Minister of Finance Edith Nawakwi during the press conference after the meeting have not been fulfilled or have only partially fulfilled. On governance, (including human rights) the government moved on a couple of issues but in a slow and piece meal manner although Minister Nawakwi said she wanted Zambia to be a leader 'in respecting human rights.'⁽⁴⁷⁾ Promises made by the Zambian government in Paris were:

• Allegations of Torture. The government-appointed Permanent Human Commission submitted a report to the government on March 30, 1998 naming several individuals who treason trial detainees say were torturers. They included, police chief Teddy Nondo, who on June 25 was confirmed as Drug Enforcement Deputy Commissioner. There are even media reports that he may get the top job in this Commission.⁽⁴⁸⁾ The report's key recommendations was : "Immediate retirement in the public interest of officers involved in torture of detained or remand persons" and, reflecting the HRC's semi-official status, that the authorities "work out a retirement package" for such officers.⁽⁴⁹⁾

• Independent Probe into Allegations of Torture. The government announced on August 11, 1998 that it had set up an independent commission of inquiry to probe into allegations of torture of the suspects in the failed 1997 coup and appointed High Court Japhet Banda to head it.⁽⁵⁰⁾ However, this commission will only start when the treason trial itself has ended, meanwhile all those individuals named by the Human Rights Commission remain in their jobs or have been promoted (such as Teddy Nondo).
• Ratification of the Convention against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment. In a welcome move in August 1998 the cabinet approved the ratification of the Convention. However, the Zambian government entered a reservation on Article 20 when it was enacted in September. Article 20 provides for a United Nations Committee to investigate well-founded reports of systematic abuses. The government argued that it had its own Human Rights Commission, yet the Commission's record when responding to cases of torture has been poor. Following systematic NGO and international donor pressure, the government dropped its reservation of Article 20 in January 1999 and the Government of Zambia at last fully ratified the Convention.
• Reform of the Police and Prison Force. The government promised to move on this issue but nothing happened for almost one year and fresh allegations of poor policing, torture and appalling prison conditions remain widespread.⁽⁵¹⁾ The government finally in late April 1999 distributed a 113 page report on 'Governance: National Capacity Building Programme for Good Governance in Zambia,' outlining its plans and asking for millions of U.S. dollars from the donors to support it.⁽⁵²⁾ This report has not been shared with NGOs by the government although NGOs are imporant stakeholders on governance issues with detailed expertise about where the problems are and what might be the appropriate measures for reform.

Based upon the findings documented above in this memorandum, Human Rights Watch recommends that the Consultative Group Meeting on Zambia:

• Maintain the linkage between balance of payments support to the achievement of clear and firm benchmarks that lead towards democratic and human rights progress.

These benchmarks are:

• Respect Freedom of Assembly: The government must lift arbitrary restrictions imposed by law and in practice on public meetings and halt arbitrary police actions to ban or disperse such gatherings;
• Respect Freedom of Expression: The government must cease harassment and arbitrary detention of journalists, political commentators, and others solely for the expression of their opinions;
• Torture Investigation: The government must fulfill its promise to investigate allegations of police abuse and improper treatment of those in detention and hold those found responsible accountable before the law. The findings of this investigation must be made public;

• Public Discourse: The government must initiate dialogue with NGOs on how government officials and the police will receive special training about human rights standards and protection, and institute procedures that ensure the effective investigation and prosecution of violations of human rights.
• Human rights conditionality should not be applied to humanitarian development aid; poverty alleviation projects should be furthered and encouraged. This aid should be channeled through NGOs where possible.

1. For details of human rights abuses prior to this see, 'Zambia: The Reality Amidst Contradictions,' Human Rights Watch Short Report, vol.9, no.3(A) July 1997 and 'Zambia: Elections and Human Rights in the Third Republic,' Human Rights Watch Short Report, vol.8, no.4(A) December 1996.

2. For a detailed account of the human rights abuses in this period see, 'Zambia: No Model for Democracy,' Human Rights Watch Short Report, vol.10, no.2 (A) May 1998.

3. Monitor (Lusaka), November 20 - December 3, 1998.

4. Letter by Victory Ministries International, ref: vm/nm/054/98 dated July 21, 1998.

5. Human Rights Watch interviews with Nevers Mumba, Kitwe, July 27, 1998; London, September 22, 1998.

6. Zambia Daily Mail (Lusaka), June 23, 1998 for example.

7. Human Rights Watch interview, Kitwe, July 27, 1998.

8. Post (Lusaka), March 10, 1999.

9. Human Rights Watch interview with Anderson Mazoka, London, May 19, 1999.

10. Ibid.

11. Human Rights Watch interview with John Mulwila, Lusaka, May 8, 1999.

12. Ibid.

13. Times of Zambia (Lusaka), March 20 and March 22, 1999.

14. Human Rights Watch interview with Anderson Mazoka, London, May 19, 1999.

15. Ibid.

16. Ibid.

17. Ibid.

18. Human Rights Watch interview with Sylvia Masebo, Lusaka, May 7, 1999.

19. Human Rights Watch interview with Sylvia Masebo, Lusaka, May 7, 1999; Zambia Daily Mail (Lusaka), April 17, 1999.

20. Human Rights Watch visited the rally three times from 12:00 hrs and stayed for an hour once the rally got underway at 15:00 hrs - three hours delayed.

21. Human Rights Watch phone interview with ZESCO official, May 12, 1999.

22. Human Rights Watch interview with Dean Mung'omba, Lusaka, May 7, 1999.

23. Human Rights Watch interview with ZDC General Secretary Langstone Sichone, Lusaka, May 7, 1999.

24. Post (Lusaka), May 17, 1999.

25. Post (Lusaka), January 13, 1998.

26. Human Rights Watch has previously published examples of these. See, 'Zambia: Elections and Human Rights in the Third Republic,' Human Rights Watch Short Report, vol.8, no.4(A) December 1996.

27. The ruling text was published in Times of Zambia (Lusaka), April 1, 1999.

28. For press reaction see, Zambia Daily Mail (Lusaka), April 1, 1999; Post (Lusaka), April 1, 1999.

29. The remaining window glass had been removed. A photograph of this window and door were published on the front page of the Post (Lusaka), April 6, 1999.

30. Human Rights Watch interview with Gilbert Phiri, Lusaka, May 7, 1999.

31. Copy of a letter dated January 20, 1999 - marked Top Secret and addressed to the Inspector General of Police in Human Rights Watch's possession

32. Human Rights Watch interview with Basil Kabwe, Lusaka, May 7, 1999.

33. This was confirmed by Lusaka business consultant Essau Phiri who was in the room at this time.

34. Zambia Daily Mail (Lusaka), April 16 and April 17, 1999; Human Rights Watch interview with Basil Kabwe, Lusaka, May 7, 1999.

35. See, 'Zambia: The Reality Amidst Contradictions,' Human Rights Watch Short Report vol.9, no.3 (A) July 1997.

36. The article in question can be read on the Internet at: http://www.zamnet.zm/zamnet/post.arch.20742/news/fpstory.html

37. This information has been published elsewhere and is also in publications available for sale in High Street bookshops across the World such as the Strategic Balance published by the International Institute of Strategic Studies in London.

38. Text provided by Post lawyers.

39. Human Rights Watch interview with Amos Malupenga, Lusaka, May 7, 1999.

40. Accounts by other Post journalists on their treatment by police during the period we published in the Post (Lusaka), March 15, 1999.

41. On March 17, the six original Post detainees, Brighton Phiri, Kelvin Shimo, Joe Kaunda, Amos Malupenga, Lubasi Katunda and Goodson Machona received summonses, were charged with espionage, and released on bail on March 18. On March 20 senior journalists Douglas Hapande and MacPherson Muyumba were picked up at their homes and taken to Chestone police station to be charged with espionage. On March 22 the police arrested and charged Post editor-in-chief Fred M'membe with espionage along with the other eight journalists. M'membe was immediately released on bail. On March 30 journalist Dickson Jere was charged and on March 31 news editor Mukalya Nampito was charged

42. In the affidavit of summons for the injunction, the plaintiffs claimed the defendants, the Post and its editor-in-chief Fred M'membe, had published and were likely to continue publishing matters injurious to the security of the Zambian nation and the safety of the plaintiffs. The affidavit said unless the defendants were restrained from further publication of matters injurious to the security of Zambia, further irreparable damage would be caused to the Zambian nation and consequently to the plaintiffs.

43. Human Rights Watch interview with Sakwiba Sikota, Lusaka, May 7, 1999.

44. Communication from Goodson Machona, Lusaka, May 7, 1999.

45. Interview with marketing director John Mbofana, Lusaka, May 7, 1999.

46. Human Rights Watch interview with Editor/Publisher Robby Makayi, Lusaka, May 7, 1999.

47. Edith Nawakwi, World Bank Building, Paris, May 13, 1998.

48. Monitor (Lusaka), February 26-March 11, 1999.

49. Copy of this report is in Human Rights Watch's possession.

50. 'Supplement to the Republic of Zambia Government Gazette dated 11 August 1998, Statutory Instrument No.94 of 1998, A Commission.'

51. See Amnesty International, 'Zambia:Applying the Law Fairly or Fately: Police Violations of Human Rights,' AI Index: AFR 63-01-99, May 1999.

52. Government of the Republic of Zambia, 'Governance: National Capacity Building Programme for Good Governance in Zambia,' dated April 26, 1999.