Zambia
Cluster Munition Ban Policy
Summary: State Party Zambia was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010. Since 2013, it has reported that draft implementing legislation would soon be introduced for parliamentary approval. Zambia was a lead sponsor on a UN resolution on the convention in December 2015. It has participated in all of the convention’s meetings and hosted the Fourth Meeting of States Parties in Lusaka in September 2013, serving as the convention’s president until September 2014. Zambia has served as the convention’s co-coordinator on universalization since September 2015 and has condemned new use of cluster munitions. It has elaborated its views on several important matters relating to the interpretation and implementation of the convention.
In its initial transparency report for the convention provided in 2011, Zambia confirmed it has never used, produced, or transferred cluster munitions and does not stockpile cluster munitions, including for training or research.
Policy
The Republic of Zambia signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 12 August 2009. It was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010.
Zambia has expressed its intent to enact specific implementation legislation for the conventionand since 2013 has reported that draft implementing legislation will soon be submitted for parliamentary consideration.[1]
Zambia submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 21 January 2011 and provided annual updated reports since then that indicate no change, most recently on 31 May 2015.[2]
Zambia played an influential leadership role during the Oslo Process that created the Convention on Cluster Munitions. It hosted a regional conference in Livingstone in March–April 2008 that helped generate broad and united support from many African states for a comprehensive convention.[3]
Zambia plays an active leadership role in the Convention on Cluster Munitions. It hosted the convention’s Fourth Meeting of States Parties in Lusaka on 9–13 September 2013 and served as president of the convention until September 2014. It also served as co-coordinator on the general status and operation of the convention in 2012–2013.[4] Zambia has served as the convention’s co-coordinator on universalization since September 2015.
Zambia participated in and served as a vice-president of the convention’s First Review Conference in Dubrovnik, Croatia in September 2015. In an address to the high-level segment of the meeting, Zambia’s deputy Minister of Foreign Affairs noted how the “convention was born out of focused and constructive efforts of multiple actors working in partnership towards a shared objective which is aimed at ending all forms of suffering caused by cluster munitions.”[5] The representative also welcomed the appointment of Sheila Mweemba of Zambia as director of the convention’s newly established Implementation Support Unit.
Zambia has participated in every Meeting of States Parties of the convention as well as intersessional meetings in Geneva in 2011–2015. It has attended regional meetings on cluster munitions and hosted a regional seminar on the convention for Southern African Development Community (SADC) states in Lusaka in June 2015.[6]
Zambia was a lead sponsor on and voted in favor of a UN General Assembly (UNGA) resolution on the convention, which urges all states not party to the convention to join “as soon as possible.”[7] A total of 140 countries voted to adopt the non-binding resolution on 7 December 2015, including many non-signatories.
Zambia has consistently condemned the use of cluster munitions. At the Convention on Conventional Weapons (CCW) in November 2015, Zambia said “we condemn the continued use of cluster munitions.”[8] At the First Review Conference in September 2015, Zambia condemned new use of cluster munitions in South Sudan, Sudan, Syria, and Ukraine.[9] In June 2015, Zambia affirmed the importance of strongly condemning the use of cluster munitions “wherever they have been used.”[10] Zambia has also voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015.[11]
Interpretive issues
Zambia has elaborated its views on several important matters related to the interpretation and implementation of the convention. In May 2008, during the convention’s negotiations, Zambia expressed concern about the proposed article on “interoperability” (joint military operations with states not party) and stated that it understood that the provisions for interoperability in Article 21 did not provide a loophole for States Parties to allow the transit or indefinite stockpiling of cluster munitions on their territories.[12]
In April 2009, the Minister of Foreign Affairs stated that Zambia does not believe that States Parties to the convention should “in any way assist the use [or] transfer of cluster bombs within or without their territories in the name of joint operations.”[13] In 2009, the director of the Zambia Mine Action Centre (ZMAC) stated that Zambia believed that the prohibition on assistance prohibits investment in the production of cluster munitions.[14]
Zambia is a State Party to the Mine Ban Treaty. It is also a party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Zambia has reported that it has never produced cluster munitions and does not stockpile the weapon, including for training or research.[15] Zambia has also stated that it has not transferred cluster munitions.[16]
[1] Convention on Cluster Munitions Article 7 Report, Form A, 31 May 2015; Convention on Cluster Munitions Article 7 Report, Form A, 30 April 2014; statement of Zambia, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013; and statement of Zambia, Convention on Cluster Munitions Intersessional Meetings, Geneva, 19 April 2013.
[2] Various time periods are covered by the reports provided on 21 January 2011 (covering the period from 1 August 2010 to 21 January 2011), 30 April 2012 (for the period from 22 January 2011 to 30 April 2012), 30 August 2013 (for the period from 30 April 2012 to 39 August 2013), 30 April 2014 (for the period from 30 April 2013 to 30 April 2014), and 31 May 2015 (for the period from 30 April 2014 to 30 April 2015). Cover sheets on the annual updated reports state that the information contained in the initial report remains unchanged.
[3] For details on Zambia’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 181–183.
[4] A total of 106 countries participated in the meeting as well as representatives from international organizations and the CMC. The Fourth Meeting of States Parties concluded with the adoption of a “Lusaka Progress Report” detailing progress made on the convention’s implementation and universalization since 2010 and especially since the previous Meeting of States Parties in September 2012. Convention on Cluster Munitions Lusaka Progress Report, 13 September 2013.
[5] Statement of Zambia, Convention on Cluster Munitions First Review Conference, Dubrovnik, 7 September 2015.
[6] The seminar was organized together with the ICRC. See: ICRC, “Zambia: Implementing the ban on cluster munitions in southern Africa,” 17 June 2015.
[7] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[8] Statement of Zambia, CCW Meeting of High Contracting Parties, Geneva, 12 November 2015.
[9] Statement of Zambia, Convention on Cluster Munitions First Review Conference, Dubrovnik, 7 September 2015.
[10] Preparatory Meeting for the Convention on Cluster Munitions First Review Conference, Geneva, 24 June 2015. Notes by the Monitor.
[11] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015.
[12] Statement of Zambia, Committee of the Whole, Dublin Diplomatic Conference on Cluster Munitions, 30 May 2008. Notes by Landmine Action.
[13] Letter MFA/104/22/148 from Kabinga Jacus Pande, Minister of Foreign Affairs, 9 April 2009.
[14] Statement by Sheila Mweemba, ZMAC, National Committee on Anti-Personnel Landmines meeting, Lusaka, 11 September 2009. Notes by the Zambian Campaign to Ban Landmines (ZCBL).
[15] Convention on Cluster Munitions Article 7 Report, Forms A to E (inclusive), 21 January 2011. In 2009, ZMAC’s director stated that Zambia had never produced and did not possess a stockpile of cluster munitions. Statement by Sheila Mweemba, ZMAC, National Committee on Anti-Personnel Landmines meeting, Lusaka, 11 September 2009. Notes by the ZCBL.
[16] Statement of Zambia, Accra Regional Conference on the Universalization of the Convention on Cluster Munitions, Accra, 28 May 2012.
Mine Ban Policy
Policy
The Republic of Zambia signed the Mine Ban Treaty on 12 December 1997 and ratified it on 23 February 2001, becoming a State Party on 1 August 2001. Zambia enacted comprehensive domestic implementation legislation on 12 December 2003, which includes penal sanctions.[1]
At the intersessional Standing Committee meetings in June 2008, Zambia reported that its national legislation directly covers matters of interpretation and implementation related to Articles 1 and 2.[2] It stated that it joins others in calling for a common understanding that any mine that can be set off unintentionally by a person, thereby functioning as an antipersonnel mine, is banned, including antivehicle mines with sensitive fuzes or sensitive anti-handling devices. It also stated its understanding that transit of antipersonnel mines is prohibited, and that participation in joint military operations must be in adherence with the convention.[3]
Zambia regularly attends meetings of the treaty, including the Third Review Conference in Maputo in June 2014, and more recently the Seventeenth Meeting of States Parties in Geneva in November 2018, where it provided a statement on Article 5 mine clearance obligations.[4] Zambia consistently submitted updated Article 7 transparency reports through 2013, but has provided just two since, in 2015 and 2019.
Zambia served on the Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies (2011–2012), Committee on Article 5 Implementation (2015–2016), and Committee on Cooperative Compliance (2017–2018).
Zambia is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. It is also party to the Convention on Cluster Munitions.
Production, transfer, stockpile destruction, and retained mines
Zambia has not produced or exported antipersonnel mines. Zambia completed the destruction of a stockpile of 3,345 antipersonnel mines in October 2004.[5] The mines were imported from China, Italy, and Russia.[6]
Zambia retains 907 mines of six different types.[7] Zambia has not reported on the intended purposes and actual uses of its retained mines in recent years.
[1] Act No. 16 of 2003, short-title: “Prohibition of Anti-Personnel Mines Act, 2003,” date of assent 11 December 2003, enacted by the Parliament of Zambia on 12 December 2003. The act “became effective” in August 2004. Mine Ban Treaty Article 7 Report, Form A, 30 March 2005.
[2] The legislation is explicit about a prohibition on antivehicle mines with sensitive fuzes or antihandling devices which function as antipersonnel mines. It states that “transfer” includes “the transit of anti-personnel mines into, out of, or through Zambia by any means,” and says that members of the armed forces can participate in operations or other military activities with the armed forces of a state not party to the Convention, “Provided that the operation, exercise or military activity is not in contravention of the Convention and that such participation does not amount to active assistance in any activity prohibited by the Convention and this Act.”
[3] Statement of Zambia, Standing Committee on the General Status and Operation of the Convention, Mine Ban Treaty, Geneva, 6 June 2008. Notes by the Monitor.
[4] Statement of Zambia, Mine Ban Treaty Seventeenth Meeting of States Parties, Geneva, 29 November 2018.
[5] Mine Ban Treaty Article 7 Report, Form F, 13 April 2005. The 6,691 mines included the following: 535 ALPER 120 (China), 571 AUPS 24 (Italy), 220 POMZ-2 (Russia), 676 MAUS 58 (Russia), 860 T69 (China), 1,225 T59 (Russia), 1,804 T58 (China), 226 T VARS 40 (Italy), and 574 VARS 50 (Italy).
[6] Mine Ban Treaty Article 7 Report, Form F, 13 April 2005.
[7] Ibid., Form D, 29 March 2019.
Mine Action
Contamination and Impact
Mines
The Republic of Zambia was suspected to be contaminated with mines as a result of non-state armed groups from neighboring countries having used Zambia as a haven in the 1970s and 1980s.[1]A nationwide survey completed by Norwegian People’s Aid (NPA) in September 2009 found no mined areas containing antipersonnel mines; as a result, Zambia declared at the Second Review Conference it was in full compliance with Article 5 of the Mine Ban Treaty (see Compliance with Article 5 of the Mine Ban Treaty section below).[2]
Cluster munition remnants
The NPA survey found two areas containing cluster munition remnants in Zambia’s North-Western and Western provinces.[3] In June 2010, the Zambian army, with the assistance of NPA, completed clearance of both areas, covering a total of 484,000m2, destroying 22 CB-470 Alpha submunitions in the process.[4]
Other explosive remnants of war
Other areas are confirmed or suspected to contain explosive remnants of war (ERW), including both abandoned explosive ordnance (AXO) and unexploded ordnance. The NPA survey confirmed three hazardous areas in Lyamunene village, Shangombo district, with a population of 120 people; the area is on bush land and said to have been marked.
A further 15 suspected hazardous areas (SHAs) believed to contain ERW were identified in Luapula, Lusaka, Southern, and Western provinces, impacting 15 communities in seven districts. These SHAs have not been marked because community members were unable to indicate the perimeters of the suspected contamination.[5]An additional SHA believed to contain AXO in Sioma Ngwezi National Park, the home to more than 3,000 elephants and several endangered species and where the Patriotic Front once had a base, was not accessible to the survey due to the absence of roads in the park, thick vegetation, heavy rainfall, and general restrictions on people entering the park. After the rainy season the survey team entered the area with Zambian wildlife rangers and completed the survey.[6]
The areas have been recorded in the national database at the Zambia Mine Action Centre (ZMAC).[7] Subsequent survey of 12 of the 15 SHAs canceled nine of them (see Survey in 2010 section below) and the other six were cleared by 31 May 2010.[8]
In 2010, ZMAC received one report of ERW (60mm mortar bomb) discovered by women collecting firewood in Luangwa district and one new report of a suspected mine. The mine turned out to be a tin can. As of 30 April 2011 there were four new reports of three hand grenades, one suspected rocket, and an unknown number of munitions fired from canons. All the reports were investigated and any items found were destroyed. ZMAC expects a residual ERW problem to continue into the foreseeable future.[9]
Mine Action Program
Key institutions and operators
|
Body |
Situation on 1 January 2011 |
|
National Mine Action Authority |
NCAL |
|
Mine action center |
ZMAC |
|
International demining operators |
None |
|
National demining operators |
Zambian army |
|
International risk education (RE) operators |
None |
|
National RE operators |
ZMAC; Ministry of Education |
Mine action in Zambia is managed by the National Committee on Anti-Personnel Landmines (NCAL), with ZMAC playing an important coordination role.[10]The director of ZMAC represents Zambia at international fora and mobilizes resources at both the national and international level.
Zambia maintains a residual demining/explosive ordnance disposal capacity through the army and the Police Service.[11]
Land Release
The nationwide survey in 2009 did not identify any areas containing antipersonnel mines. As a result, previously suspected regions were canceled through non-technical survey. The survey found that the Zambian army had already cleared all known mined areas and some ERW.[12]
Survey in 2010
As a result of the NPA survey conducted between August 2008 and June 2009 across seven (Central, Eastern, Luapula, Lusaka, North-Western, Southern, and Western) of Zambia’s nine provinces, 4.65km² of SHAs impacting farming, grazing, and housing was canceled. In addition, NPA verified 37km of road and destroyed a total of 1,449 ERW.[13] The survey identified 15 SHAs, of which incidents were reported in eight. Of the 15 SHAs, nine were canceled and the remaining six SHAs were cleared by 31 May 2010 of 22 unexploded submunitions and 1,427 other ERW. No mined areas were found.[14]
In addition, after June 2010, a previously inaccessible SHA in Sioma Ngwezi National Park was surveyed with assistance from the Zambia Wildlife Authority and the surrounding communities. Non-technical survey found no evidence of contamination and the SHA was canceled.[15]
Clearance in 2010
In 2010, the Zambian army cleared 376,000m2 of area containing cluster munition remnants, destroying four unexploded submunitions in the process.[16]
In 2010, ZMAC destroyed one 60mm mortar bomb found in Luangwa district and, by 30 April 2011, destroyed three hand grenades, one suspected rocket, and an unknown number of other artillery-fired munitions.[17]
Compliance with Article 5 of the Mine Ban Treaty
At the Second Review Conference in Cartagena in December 2009, Zambia announced it was fully compliant with Article 5, more than 20 months ahead of its deadline of 1 August 2011. Also in Cartagena, Zambia said that even though it was not mine-affected, ERW contamination was still a major concern and, as a result, RE activities would continue.[18]
Compliance with Article 4 of the Convention on Cluster Munitions
Under Article 4 of the Convention on Cluster Munitions, Zambia was required to complete clearance of all areas affected by cluster munition remnants under its jurisdiction or control by 1 August 2020. As noted above, Zambia conducted a baseline survey to identify the affected areas. In June 2010 the Zambian army, with assistance from NPA, completed clearance of both contaminated areas.[19]
Other Risk Reduction Measures
ZMAC has continued to conduct RE in communities near international borders considered to be most at risk of injury due to the presence of ERW. In 2010, this included the districts of Sesheke, Kalomo, Katete, Petauke, and Luangwa.[20]
ZMAC coordinates RE training for refugees from Angola and the Democratic Republic of the Congo (DRC) in Meheba (Solwezi), Kala (Kawambwa), Mwange (Mporokoso), and Mayukwayukwa (Kaoma) refugee camps through a tripartite agreement between the government of the Republic of Zambia, the Office of the UN High Commissioner for Refugees (UNHCR) in the DRC and UNHCR in Angola. RE is provided by “volunteer communicators.” At the end of 2010, there were 20 volunteers in the four refugee camps.[21]
[1] See, for example, UN, “2008 Portfolio of Mine Action Projects,” New York, November 2007, p. 467.
[2] Statement of Zambia, Second Review Conference, Cartagena, 4 December 2009.
[3] NPA, “Landmine and other ERW Survey in Zambia, Final Report,” 30 September 2009, Annex 3, p. 2.
[4] Convention on Cluster Munitions Article 7 Report, Form F, 21 January 2011.
[5] NPA, “Landmine and other ERW Survey in Zambia, Final Report,” 30 September 2009, p. 5, and Annex 3, p. 2.
[6] Email from Sheila Mweemba, Director, ZMAC, 5 May 2011.
[7] NPA, “Landmine and other ERW Survey in Zambia, Final Report,” 30 September 2009, p. 5, and Annex 3, p. 2.
[8] Convention on Cluster Munitions Article 7 Report, Form F, 21 January 2011.
[9] Email from Sheila Mweemba, ZMAC, 5 May 2011.
[10] Government of Zambia/UNDP, “Terms of Reference, Landmine and ERW Survey in Zambia,” Lusaka, 16 August 2007, p. 4.
[11] Email from Sheila Mweemba, ZMAC, 20 April 2011.
[12] NPA, “Landmine and other ERW Survey in Zambia, Final Report,” 30 September 2009, p. 5.
[13] NPA, “ERW Clearance in Zambia, Final Report,” 29 June 2010, p. 7.
[14] Email from Sheila Mweemba, ZMAC, 20 April 2011.
[15] Ibid.
[16] Convention on Cluster Munitions Article 7 Report, Form F, 21 January 2011.
[17] Email from Sheila Mweemba, ZMAC, 5 May 2011.
[18] Statement of Zambia, Second Review Conference, Cartagena, 4 December 2009.
[19] NPA, “ERW Clearance Programme in Zambia,” February 2010, received by email from Sheila Mweemba, ZMAC, 18 April 2010.
[20] Report by Sheila Mweemba, ZMAC, to NCAL, Lusaka, 2 February 2011.
[21] Ibid.
Support for Mine Action
In 2009, Zambia announced completion of its Article 5 mine clearance obligation,[1] however in 2010 Zambia remained affected by cluster munitions and other explosive remnants of war. Clearance of cluster munition remnants was completed in June 2010.[2]
In 2010, Norway was Zambia’s sole international mine action donor, contributing NOK2 million (US$330,846) towards clearance activities via Norwegian People’s Aid.[3] This represented an increase of 4% compared to 2009.
Between 2005 and 2009 Canada, Norway, and Sweden also contributed to mine action in Zambia.[4]
Zambia did not report any contributions to its mine action program in 2010. Zambia contributed a total of $1,368,504 towards its mine action program from 2006–2010, which was slightly less than international contributions to mine action totaling $1,651,470 over the same period.
Summary of contributions: 2006–2010[5]
|
Year |
National ($) |
International ($) |
Total contributions ($) |
|
2010 |
N/R |
330,846 |
330,846 |
|
2009 |
75,641 |
317,925 |
393,566 |
|
2008 |
110,199 |
0 |
110,199 |
|
2007 |
1,015,818 |
523,000 |
1,538,818 |
|
2006 |
166,846 |
479,699 |
646,545 |
|
Total |
1,368,504 |
1,651,470 |
3,019,974 |
N/R = Not reported
[1] Statement of Zambia, Second Review Conference, Cartagena, 4 December 2009.
[2] ICBL-CMC, “Country Profile: Zambia: Mine Action,” www.the-monitor.org, 18 July 2011.
[3] Average exchange rate for 2010: US$1=NOK6.0451. US Federal Reserve, “List of Exchange Rates (Annual),” 6 January 2011.
[4] See Landmine Monitor Report 2009, p. 822.
[5]ICBL-CMC, “Country Profile: Zambia: Support for Mine Action,” www.the-monitor.org, 21 June 2010.
Casualties
According to the Zambian Mine Action Center (ZMAC), there have been 162 documented landmine and explosive remnants of war (ERW) casualties in the Republic of Zambia.[1] No landmine, cluster munition, or ERW casualties were identified in 2016.
Casualties occurred in 2015, with three people injured after tampering with ERW (a hand grenade) in Lukulu district, Western Province in April.[2] In 2014, ZMAC recorded one person killed by ERW, in Kabanda township, Mwinilunga.[3] Prior to the casualty in 2014, the last ERW casualty in Zambia was reported in 2009.[4]
No cluster munition victims have been identified in Zambia, pending the completion of a survey.[5]
[1] Response to Monitor questionnaire by Dyriss Kabwita-Simasiku, Assistant Director, ZMAC, 12 August 2017.
[2] Email from Dyriss Kabwita Simasiku, ZMAC, 25 June 2015.
[3] Email from Dyriss Kabwita Simasiku, ZMAC, 25 June 2015.
[4] Emails from Sheila Mweemba, Director, ZMAC, 28 May 2009, and 13 May 2010; ZMAC, “ZMAC Director’s Report on Operations, 1 July–31 December 2008”; “Serious injuries and death as a group of men try to extract mineral from bomb,” Afrik.com, 27 September 2008; “Suspected landmine [explodes], injures three in Katete,” Lusaka Times, 25 September 2008. Landmine and Cluster Munition Monitor identified three casualties in 2005, none in 2006, 19 in 2007, 11 in 2008, and one in 2009. See Landmine Monitor Reports 2006–2009.
[5] Convention on Cluster Munitions Article 7 Report (for calendar year 2016), Form H.
Victim Assistance
Summary action points based on findings
- Fully fund the health and rehabilitation services as required under the Persons with Disabilities Act.
- Expand and implement the community-based rehabilitation program.
- Release and review the findings of the Survey of Living Conditions of Persons with Disabilities.
- Include landmine survivors and other persons with disabilities in the implementation of the Persons with Disabilities Act.
- Complete the survey of cluster munitions victims.
Victim assistance commitments
The Republic of Zambia is responsible for landmine survivors and survivors of other explosive remnants of war (ERW). Zambia has made commitments to provide victim assistance through the Mine Ban Treaty and is also a State Party to the Convention on Cluster Munitions.
Zambia ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 1 February 2010.
Victim Assistance
According to the Zambian Mine Action Center (ZMAC), there have been 162 documented mine/ ERW casualties.[1]
Assessing victim assistance needs
Along the southern border, there are areas affected by cluster munitions and other ERW, but no casualties were reported in those areas in 2016. ZMAC has plans to identify casualties from cluster munitions and ERW and their needs in those areas, but the assessment had yet not started according to Zambia’s most recent reporting.[2] In 2009 and 2010, the Zambian Foundation of Landmine Survivors (ZAFLAS) implemented a casualty data collection project and it has plans for a needs assessment activity and will pursue funding for same.[3]
In 2015, the state Central Statistical Office and the University of Zambia conducted a National Disability Survey, preliminary results of which showed a national prevalence of disability of 7.2%.[4]
Victim assistance coordination[5]
|
Government coordinating body/focal point |
ZMAC for Mine Ban Treaty and Convention on Cluster Munitions; Ministry of Community Development and Welfare for persons with disabilities |
|
Coordinating mechanism |
Victim Assistance: National Committee on Antipersonnel Landmines Disability: Zambia Agency for Persons with Disabilities |
|
Plan |
Victim Assistance: None Disability: National Implementation Plan on Disability |
Zambia does not have a specific victim assistance policy. The National Disability Act, passed in 2013 and intended to nationalize the CRPD, mandated the creation of the Zambia Agency for Persons with Disabilities. The Zambia Agency for Persons with Disabilities drafted and coordinates the National Implementation Plan on Disability. Disability is a cross-cutting issue in national development plans and each ministry has a designated focal point tasked with mainstreaming disability rights into service delivery programs.[6]
The National Implementation Plan on Disability lacks clear benchmarks and the National Disability Agency lacks the inspectors to ensure compliance with the National Disability Act. Zambia provides services and support to persons with disabilities as part of national social protection schemes; accessing those services requires formal registration which is centralized in Lusaka and not rights-based.[7]
Inclusion and participation in victim assistance
In 2016, the National Committee on Anti-Personnel Landmines (NCAL) hosted three meetings (the meeting schedule is quarterly, however only three meetings were held). In addition to these formal meetings, ad hoc meetings were held with representatives of landmine victims.[8] During an April 2016 visit, the Special Rapporteur on the rights of persons with disabilities met with several disability groups and their representatives.[9] However, the outcomes of these meetings are not reflected in changes in policy or implementation.[10]
Service accessibility and effectiveness
Victim assistance activities[11]
|
Name of organization |
Type of organization |
Type of activity |
Changes in quality/coverage of service in 2016 |
|
Zambia Mine Action Center |
Government |
Needs assessment and casualty survey |
Assessment planned, but not conducted; reduced funding compared to previous years |
|
St. John Paul II Mission Hospital (formerly the Zambian Italian Orthopedic Hospital) |
Private hospital |
Physical rehabilitation and prosthetic/orthopedic appliances |
Ongoing |
|
Zambia Agency for Persons with Disabilities |
Government |
Community-based rehabilitation, monitoring implementation of laws and policies |
Ongoing |
|
Zambia Foundation for Landmine Survivors (ZAFLAS) |
NGO |
Peer support, access to rehabilitation services, advocacy |
Limited funding has meant limited programming |
Emergency and continuing medical care
Zambia’s National Health Strategic Plan identified many shortcomings in the availability and quality of health services in the country. Medical and healthcare for persons with disabilities is supposed to be free under the Persons with Disabilities Act, but specialized services are often unavailable outside the main urban areas.[12]
Physical rehabilitation, including prosthetics
Prosthetics and other assistive devices are supposed to be available free of charge per the national social protection schemes.[13] In practice this is not the case and ZAFLAS has provided funding and support to survivors to obtain these devices.[14]
To address the issues of differential access to services between urban and rural areas, Zambia announced the launch of a community-based rehabilitation program.[15] Implementation of the program was slow, with most rehabilitation and prosthetic services limited to the reference hospitals in urban areas.[16]
The International Committee of the Red Cross (ICRC) MoveAbility program has been working in Zambia for more than 20 years. MoveAbility, Otto Bock, and the Ministry of Health are collaborating to develop curricula for prosthetists at the University Teaching Hospital and MoveAbility discussed providing transport expenses for patients at the St. John Paul II Mission Hospital in Lusaka.[17]
Economic and social inclusion and psychological support
Under the National Social Protection Policy, unconditional cash transfers are made available to vulnerable persons, including persons with disabilities. By the end of 2015, almost 200,000 Zambians had benefited from this program,[18] the majority of whom are persons with disabilities. However, the program is means-tested so not all persons with disabilities qualify for the support, the cash transfer program is not available in all parts of the country, and the funding is not consistent and frequently delayed.[19] Landmine survivors have further critiqued the program as unsustainable.[20]
Psychiatric services are very limited in Zambia, and where they exist are “extremely harsh and deplorable.”[21] Psychosocial support for landmine survivors is provided by ZAFLAS as funds allow, but remain insufficient for the demand and need.[22]
Laws and policies
Zambia ratified CRPD in 2010 and domesticated the provisions of the convention with the 2012 Persons with Disabilities Act. The new constitution adopted in January 2016 prohibits discrimination on the basis of disability. However, the Special Rapporteur on the rights of persons with disabilities noted several instances where discriminatory and stigmatizing language remains in many national policies and laws, including the new constitution.[23]
[1] Response to Landmine Monitor questionnaire by Dyriss Kabwita-Simasiku, Zambia Mine Action Center, 12 August 2017.
[2] Convention on Cluster Munitions Article 7 Report (for calendar year 2016), Form H.
[3] Response to Monitor questionnaire by Yona Phiri, ZAFLAS, 10 August 2017.
[4] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” A/HRC/34/58/Add.2,19 December 2016.
[5] Response to Monitor questionnaire by Dyriss Kabwita-Simasiku, ZMAC, 12 August 2017; UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia, 19 December,” A/HRC/34/58/Add.2,19 December 2016.
[6] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” 19 December 2016, A/HRC/34/58/Add.2.
[7] Ibid.
[8] Response to Monitor questionnaire by Dyriss Kabwita-Simasiku, ZMAC, 12 August 2017.
[9] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” 19 December 2016, A/HRC/34/58/Add.2.
[10] Response to Landmine questionnaire by Yona Phiri, ZAFLAS, 10 August 2017.
[11] Responses to Monitor questionnaire by Dyriss Kabwita-Simasiku, ZAFLAS, 12 August 2017; and by Yona Phiri, ZAFLAS, 10 August 2017; and ICRC Moveability, “Annual Report 2016,” Geneva, 2017, p. 25.
[12] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” 19 December 2016, A/HRC/34/58/Add.2.
[13] Ibid.
[14] Response to questionnaire by Yona Phiri, ZAFLAS, 10 August 2017.
[15] Statement of the Republic of Zambia to the 10thConference of States Parties to the CRPD, 13 June 2017.
[16] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” 19 December 2016, A/HRC/34/58/Add.2.
[17] ICRC MoveAbility “Annual Report 2016,” Geneva, 2017, p. 25.
[18] Statement of the Republic of Zambia to the 10thConference of States Parties to the CRPD, 13 June 2017.
[19] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” 19 December 2016, A/HRC/34/58/Add.2.
[20] Response to questionnaire by Yona Phiri, ZAFLAS, 10 August 2017.
[21] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” 19 December 2016, A/HRC/34/58/Add.2.
[22] Response to questionnaire by Yona Phiri, ZAFLAS, 10 August 2017.
[23] UN Human Rights Council, “Report of the Special Rapporteur on the rights of persons with disabilities on her visit to Zambia,” 19 December 2016, A/HRC/34/58/Add.2.