Zambia: Opposition figure sentenced for ‘defaming the president’

(Johannesburg) – Conviction and Sentencing The sentencing of a leading opposition member to 18 months’ hard labour in prison will have a broad chilling effect on the right to freedom of expression. ZambiaHuman Rights Watch said today.

Raphael Nakacinda, secretary general of the main opposition Patriotic Front, was sentenced on May 17, 2024 for “defamatory” statements made in 2021, which the president considers a criminal offense abolition 2022. President Hakainde Hichilema had earlier said the law on criminal defamation of the president “inhibits the development of democracy and good governance and hinders human rights and fundamental freedoms”.

“It is a stain on President Hichilema’s record to jail a leading opposition figure under a law that previous governments infamously used to silence critics,” he said. Idris Ali NassarSenior Africa researcher at Human Rights Watch. “The government should quash Raphael Nakasinda’s conviction, release him, and stop prosecuting political opponents and others under this revoked law.”

December 2021, Nakasinda Allegedly President Hichilema summoned judges to his official residence to intimidate and coerce them into ruling in his favor in his legal battle with the RPF. turn down Senate Majority Leader Mitch McConnell called the accusation “disdainful” and said “law enforcement agencies must not hesitate to hold accountable those who abuse fundamental constitutional freedoms to make malicious and unfounded attacks on other members of the public.” responsibility.”

Nakacinda, 43, was sentenced Section 69 of the Zambian Criminal CodeThe bill states that “any person who publishes anything libellous or insulting, whether in writing, in print, orally, or by any other means, with intent to excite, ridicule, or bring contempt upon the President, shall be guilty of a criminal offense.” Those convicted face up to three years in prison.

In 2022, President Hichilema agreed to the Criminal Law (Amendment) Bill 25, which repealed Section 69 and effectively abolished the crime of defaming the President. Later he Write on X (Original Twitter) said that his repeal of the law was one of his commitments to democracy because “exercising one’s rights is the democratic right of every citizen.” Media CoverageThe judge who convicted Nakasinda said she knew the law had been repealed but still convicted Nakasinda as a deterrent to others.

In Zambia, criminal defamation charges against the president have been used Decades and prosecute critics of the government and journalists.When elected president in 2021, Hichilema pledged to amend laws that restricted basic human rights and freedoms.

But, that Media Coverage In 2022 alone, at least 12 people believed to be critics and opponents of Hichilema were arrested for insulting the president, some of them multiple times. For example, in September 2022, the authorities Arrest of Sean Tamborthe chairman of a smaller opposition party, the Patriotic Economic Progress Party, and accused him of “defaming the president.” face In August 2023 and October 2023, he was further charged with using insulting language against the president, a separate offense under Section 179 of the Criminal Code, to which he pleaded not guilty.

Human Rights Watch said the charges raised concerns that President Hichilema intended to follow the example of his predecessor and use the law to silence critics and discourage criticism.

this Chapter 1 FoundationZambian constitutional and rule of law advocates told Human Rights Watch that while the provisions for defaming the president have been repealed, the repeal does not have retroactive effect. Cases filed before the abolition, such as that of Nakashinda, are still being prosecuted and convicted.

“In the case of Nakasinda, we are concerned that the government is prosecuting a citizen under laws they admit are detrimental to the credibility of Zambia’s democracy,” the Chapter One Foundation said. The foundation expressed concern about “the deteriorating civil and political rights situation in Zambia.” For example, delays in implementing structural reforms, such as a review of the Cybersecurity and Cybercrime Act, and the continued prosecution of citizens critical of the government under the Act are worrying. “

under International Covenant on Civil and Political RightsThe convention, which Zambia ratified in 1984, provides for the application to a person guilty of an offence of a lesser penalty applicable after the commission of the offence.

Human Rights Watch has always be opposed to Criminal defamation provisions and prison terms for non-violent speech offenses. Human Rights Watch believes civil defamation provisions adequately protect people’s reputations, although they can also be abused.

The United Nations Human Rights Committee, an independent expert body that monitors compliance with the International Covenant on Civil and Political Rights, noted in its report General comments Regarding freedom of expression, “imprisonment is never an appropriate punishment for defamation.” Furthermore, “all public figures…are rightly subject to criticism.”

The people of Zambia should be able to openly criticize the government without fear of reprisal. However, as Human Rights Watch has previously stated, reportedordinary people, journalists, human rights defenders and members of the political opposition still face harassment for their criticism of the authorities.

“Zambian authorities should stop harassing and prosecuting people to deny them their right to free speech and other fundamental freedoms,” Nasa said. “In a rights-respecting democracy, elected public officials should have greater tolerance for criticism and scrutiny. Tolerance, Zambians need to be able to exercise their fundamental rights without fear of reprisal.”