The legal protection of the right to expression and assembly in Zambia
Patrick Matibini · 2012
Freedoms of expression and assembly are essential for the proper functioning of any democratic society. In Zambia, the constitution provides for, inter alia, qualified protection of the rights to expression and assembly. However, the failure to protect the right to expression and assembly is prevalent. At the center of the failure to protect the right to expression and assembly, is the general weakness of the principle of constitutionalism itself. Constitutionalism refers to the principle that the exercise of political power shall be bound by a cluster of norms, institutions and processes, pertaining to the rule of law and protection of fundamental rights. Thus, although the rights to expression and assembly are guaranteed by the constitution of Zambia, these rights are in practice flouted. The overall objective of the study is to examine the extent to which the rights of expression and assembly are protected in Zambia. The specific objectives of the study include consideration of the following: (a) International Human Rights instruments on the protection of the rights to expression and assembly; (b) the nature of the right to expression and the principal limitations thereon; (c) the right to access information held by public authorities; (d) the relationship between the right to assembly and the Public Order Act; (e) the relationship between the right to expression and state security; and (f) the relationship between the right to expression and morality. The study tests the hypothesis that freedoms of expression and assembly are critical to any democracy. The study further demonstrates that the rights to expression and assembly are critical to the development and entrenchment of democracy in Zambia. Thus, public discussion on matters of public interest, with citizens participation is a basic feature of democracy. Without free speech and assembly, discussion of public matters would virtually be impossible. Hence, democracy can neither work nor flourish, unless there is a healthy exchange of ideas and divergent view points. The methodology employed is basically two pronged. Namely, desk research and field research. Desk research involved examination of both primary and secondary sources. The preliminary investigation of the problem involved examination of published and unpublished literature on the subject. Desk research was complimented by field research by way of interviews and questionnaires. The study also undertook a comparative approach. In the course of the analysis of the problem, comparison has been made with older democracies, such as the United States of America, United Kingdom, Europe, Canada, and India. A Comparative approach was necessary because these democracies have over the years generated rich jurisprudence on the subject. The study has observed that since the second world war, the international community has through various human rights instruments, laid down internationally accepted standards for the protection of the rights to expression and assembly. However, the problem is that…