The Role of the Judiciary in the Enforcement of Human Rights in Zambia

Abstract

The principal objective of this study is to examine and evaluate the role of the judiciary in the enforcement of human rights in Zambia. Traditionally, the function of the judiciary is to adjudicate between two or more disputants over an issue or issues brought before the Court by either party. The prevailing legal framework for the protection, promotion and enforcement of human rights in the country is contained in the Constitution, which is the supreme law of the land. The Bill of Rights is enshrined in Pan iii of the Constitution. It has been so entrenched since the country attained its independence in 1964. The Bill of Rights guarantees the protection of fundamental rights and freedoms of the individual regardless of race, place of origin, colour, political opinion, sex or status in society The Bill lays emphasis on civil and political rights and is fashioned on what is commonly known as the Neo-Nigenan style where most rights and freedoms of the individual are encumbered by derogations or exception clauses. The Constitution vests judicial power in the Supreme Court, the High Court the Industrial Relations Court. Subordinate Court, the Local Courts and such lower Court? ;js may, from time to time, be prescribed by an Act of Parliament. However, the High Court is given original jurisdiction to hear and determine any matter arising out ; alleged violation or threatened violation of human rights. In addition to the Courts, the Constitution has provided for the establishment of the Human Rights Commission This Commission has now been created under Act .No 3^ of J9uh The Commission is an added institutional mechanism for the protection and promotion of human rights but it is not a Court. The Constitution has also provided for Directive Principles of State Policy in respect of issues relating to a social order based on democratic governance The principles also relate to the creation of an environment in which citizens can secure adequate facilities lor the promotion of health, employment, education and decem shelter, However, these principles are not justifiable, meaning that one cannot sue the State if it does not provide or make them available. The focus of this thesis, as already stated, is on the judicial enforcement of such human rights as are available under the law of the land. Paper guarantees of human rights are illusory if they are not capable of enforcement. The return to multi-party politics in 1991 with its emphasis on democratic governance, heightened the quest for the enjoyment of individual liberties and freedom in the country. The observance of human rights is now being seen as a condition precedent to democratic governance. Under the new dispensation, Zambia which has ratified both the Universal Declaration of Human Rights and the African Charter on Human and People's Rights, has a duty to exalt and provide effective institutional and legal frameworks for the protection of fundamental human rights. The judiciary is certainly the most effective framework among various mechanims that the…

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