In 2016 political factors have severely affected the exercise of the right to freedom of expression. In January a new constitution was adopted, and in August Zambians voted for the president, members of the national assembly, mayoral/council chairperson, and district counselors. With the aim of influencing the outcome of these elections, the government implemented several policies that call for international attention. Approved measures have a direct impact in the protection of the right to freedom of expression, and indirect effects on the exercise of the right to political participation and the promotion of democratic debates. Hence, this article briefly evaluates the effects of those measures. It begins illustrating the general media situation; it continues with the evaluation of international obligations that must be fulfilled by Zambia, and presents some of the consequences for the protection of the right.
Zambia’s Media Situation
Since 1991 Zambia has follow democratic elections, and it is considered one of Africa’s most stable democracies. However, throughout history electoral processes have not being except of problems or violence, and the August’s election was not the exception (Freedom House, 2016). There were attacks against journalists, media outlets, and confrontations between followers of the 2 main political parties running for the presidency: the United Party for National Development (UPND) and the Patriotic Front (PF); but these was not the only problem.
In 21 June Zambia Revenue Authority (ZRA) raided The Post’s offices with a warrant for allegedly unpaid tax debts. Even though the legality of the measure is unclear, the newspaper had to stop its circulation (International Press Institute, 2016). This measure was, and still is, very damaging. The Post is the most popular independent newspaper, it is one of the few media presenting dissenting opinions regarding authorities’ behavior, and that during the electoral process, was covering the main opposition party: the UPND (Smith, 2016).
To understand the impact of this measure, it is important to consider that the majority of the media is State-controlled. The Zambian National Broadcasting Corporation (ZNBC) operates the main national broadcasters. Radio is the main source of information, followed by TV, and both of them are under strict government supervision (BBC, 2015).
The ownership of newspaper is shared between the private sector and the state; and many of the private news media also have an online version. There are other online sources that are widely consulted such as the Zambian Watchdog and Zambia Reports; however, these are not the main source of information because only 20% of Zambians have access to the Internet (Internet World Stats, 2016).
Zambia’s duty to protect the right to Freedom of Expression
In 1984 Zambia ratified the African Charter on Human and Peoples Rights; and since then is obliged to respect its Article 9, which indicates:
To guarantee this right, Zambia must simultaneously protect the rights to hold, disseminate and receive information. And, even though in the Charter it is expressed as an individual right, it has a social dimension that cannot be forgotten. Opinions are formed thanks to the interchange of ideas, and in a democratic society, this necessarily includes access to information, ideas, and opinions from different sources. For those reasons, during electoral processes the fulfillment of these rights becomes extremely relevant.
Article 13 of the same instrument indicates that every citizen has the right to participate in the government of the country, directly or indirectly through political representatives. Therefore, candidates must have the possibility to disseminate political ideas and opinions, political projects, and any other type of information that can help voters to decide; and they simultaneously have to have access to such information. In fact, in the 2009 it was established in the Joint Statement adopted by the African Special Rapporteur for Freedom of Expression, the UN Special Rapporteur, the Inter-American Special Rapporteur and the OSCE Representative, that states should, among others:
For this election, Zambia has hardly fulfilled these obligations. On June the news media Open Zambia reported about the PF’s plan to win the elections, and one of the core strategic areas was control over media. The document indicates that “no form of media should be given to the UPND… [and that] prime efforts will be made to eliminate the little media coverage by the Post Newspaper” (Open Zambia, 2016). There are many ways to influence the outcome of an election, and media control is one of them. If people do not have access to critical opinions, or just information about the political options, the possibilities to vote for an alternative project are reduced.
As noted, the majority of the media is state-controlled and in June The Post was closed; hence, the opposition leader had no coverage during the presidential campaign. Actually, it is possible to affirm that thanks to this control the main objective of the plan was successfully achieved: Edgar Lungu was reelected with 50.35% of the votes (Marima, 2016).
Moreover, journalists have also suffered several limitations to the exercise of their right. In April, The Post managing editor Joan Chriwa-Ngoma and reporter Mukosha Funga were detained for an article in which the president was strongly criticized; while in June The Post Editor-in-Chief Fred M’membe was criminally charged for allegedly disclosing classified information (International Press Institute, 2016).
However, these situations are not exclusive to this electoral process. In 2013 some journalists faced criminal charges for the publication of information critical to the government, private broadcast licenses were revoked by the president, and critical websites were blocked in an attempt to control the free flow of information (Committee to Protect Journalists, 2014). Due to these situations, journalists have been abstaining from reporting on certain topics to avoid harassment and attacks from government officials. Radios have been impeded to transmit their programs; while judicial and administrative processes have been initiated by government officials against journalists and media outlets (Freedom House, 2016).
The protection of human rights was voluntary accepted by the state even before the establishment of a democratic regime; and the obligations acquired must be observed. In consequence, government officials need to take all the necessary measures to avoid human rights’ violations. According to international law, state representatives have to promote an environment of tolerance and respect; they must condemn attacks against journalist, and adopt a legal framework that guarantees the exercise of the right (UNHRC, 2011). For these reasons, it is necessary that Zambian authorities cease to adopt measures that illegally limit the exercise of the right because they not only affect individual’s right but society in general.
Democracy requires an open debate of the political ideas of each candidate; which traditionally takes place in the media. Newspaper, radios and TV programs play an important role in bringing those ideas to the public. Nonetheless, these possibilities are limited in Zambia. With the reelection of Lungu is not possible to foresee a change in the situation. At the time of writing this article, the Post continues to be closed, although it is making a big effort to continue publishing. It is printing on cheap paper and from a secret place (The Economist, 2016).
This situation is not exclusive to Zambia. Government representatives tend to adopt this type of measures and examples, like the Venezuelan, show that the effects of these measures have a long-term impact. Journalists stop being critical as well as the population, and this is one of the most damaging situations for a democratic country. Democracy depends on the open debate of ideas, especially when they are contradictory. To build peaceful societies the debate of conflicting ideas it is necessary to identify common goals, to take decisions that avoid conflict and benefit people; and these types of debates are only possible when freedom of expression is guaranteed.
I want to thank Fredrick Misebezi, a brave journalist from The Post, for sharing with me some of your concerns about the measures taken by the government. I hope that with this article more people gets to know what is happening in your country, and help you in the difficult task of promoting the right to freedom of expression in Zambia.
BBC (20 de January de 2015). Zambia Profile Media. Recuperado el 09 de August de 2016, de http://www.bbc.com/news/world-africa-14112924
Committee to Protect Journalists. (2014, February 12). Attacks on the Press in 2013: Zambia. Retrieved August 15, 2016, from https://cpj.org/2014/02/attacks-on-the-press-in-2013-zambia.php
Freedom House. (2016). Freedom in the World. Retrieved from Zambia: https://freedomhouse.org/report/freedom-world/2016/zambia
International Press Institute. (2016, April 13). Zambia journalists charged with defaming country’s president. Retrieved August 07, 2016, from http://www.freemedia.at/zambia-journalists-charged-with-defaming-countrys-president/
International Press Institute. (22 de June de 2016). Zambia shutters The Post newspaper ahead of elections. Recuperado el 07 de August de 2016, de http://www.freemedia.at/zambia-shutters-the-post-newspaper-ahead-of-elections/
Internet World Stats. (2016, August 14). Retrieved August 15, 2016, from http://www.internetworldstats.com/africa.htm#zm
Mapara, J. (30 de July de 2016). The Yorker. Recuperado el 08 de August de 2016, de Zambian 2016 election: a British perspective: http://www.theyorker.co.uk/comment-and-politics/zambian-election-british-perspective/
Marima, T. (2016, August 15). Zambia: President Edgar Lungu elected in disputed vote. Al Jazeera, pp. http://www.aljazeera.com/news/2016/08/zambia-president-edgar-lungu-elected-disputed-vote-160815130511717.html.
Open Zambia. (2016, June 12). EXCLUSIVE: Operation 777 – PF’s strategy to rig results and brutalize opposition. Retrieved from http://www.openzambia.com/2016/06/exclusive-operation-777-pfs-strategy-to-rig-results-and-brutalize-opposition/
Smith, J. (2016, July 07). Foreign Affairs. Retrieved August 07, 2016, from Dangerous days in Zambia: https://www.foreignaffairs.com/articles/zambia/2016-07-07/dangerous-days-zambia
The Economist. (2016, July 16). Cry Press Freedom. The Economist, pp. http://www.economist.com/news/middle-east-and-africa/21702179-lively-government-critic-feels-heat-cry-press-freedom.
United Nations Human Rights Committee. (2011). General Comment No. 34. Article 19: Freedoms of Opinion and Expression, CCPR/C/GC/34 (12 September 2011).
UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, the OAS Special Rapporteur on Freedom of Expression, and the ACHPR Special Rapporteur on Freedom of Expression and Access to Information. (15 May 2009). Joint Statement on the Media and Elections.
World Bank. (08 de April de 2016). Zambia Overview. Recuperado el 09 de August de 2016, de http://www.worldbank.org/en/country/zambia/overview
 Article 9 of the African Charter on Human and Peoples Rights. Available at: http://www.achpr.org/instruments/achpr/
 For more information about the elections and the candidates visit: https://www.elections.org.zm/candidates.