Human Rights and Fundamental Freedoms While Countering Terrorism - Essay Example

Human Rights, Cultural Integrity and Diversity and Protection of Human Rights and Fundamental Freedoms while countering Terrorism Human Rights are the rights and freedom that a person enjoys from the time of their birth just because they are human beings. These rules are meant to protect people and cannot be taken away by any means. They teach us how to behave and live accordingly. In this paper the position of Zambia is discussed with regards to Human Rights, Cultural Integrity and Diversity. The condition in this region is quite positive when it comes to human rights and values. Like every country there are many areas of concern but the overall record of Zambia is respectable with a small population and stable democracy. Not only the government but the non-governmental organizations are playing a prominent role in this context. According to the Latest Poverty reduction strategy paper about 70% of Zambia’s population live below the poverty line which results in harmful consequences for human rights. There is a lack of awareness in the people of Zambia which poses a negative impact in this regard. Though it is a stable county in many aspects, poverty and unemployment and governmental corruption are the key issues which act as a hindrance to the economic and social development of Zambia. Human Rights in Zambia: Human rights problems include an unlawful killing; torture, beatings, and abuse of suspects and detainees by security forces; official impunity; life-threatening prison conditions; arbitrary arrests and prolonged pretrial detention; long trial delays; arbitrary interference with privacy; restrictions on freedom of speech, press, assembly, and association; government corruption; violence and discrimination against women; child abuse; trafficking in persons; discrimination based on sexual orientation and against persons with disabilities; restrictions on labor rights; forced labor; and child labor. Zambia is a member of United Nations and the African union and adheres to the commitments made in these universal human rights documents. The inhabitants of Zambia can turn to the UN Human Rights Committee through procedure 1503 to the special representatives in order to combat any kind of violation of specific human rights. ECOSOC is particularly focusing on the women rights violation. Zambia is also a member of the following organizations including UNESCO, ILO procedure, African Commission on Human and People’s Rights, International Criminal court. Some major roots of human rights violation in Zambia are discussed below: Police Brutality: The physical abuse of men, women and children who are in police custody face the worst forms of brutality and torture .The Zambian police have been engage in cruel, inhuman treatment to extract confessions which is a violation of the basic human rights and must be addressed by the officials. Other abuses include false arrests, illegal and over detention without trial. This act of coercion must be condemned and the government should investigate. Human trafficking: It is a growing problem in this region as Zambia is considered as a transit and destination country for women and children trafficking for sexual and labor purposes. The highest numbers of cases are recorded in the history of human trafficking. These acts result in the exploitation of humans with regards to sexual matters, smuggling for financial benefits and forced labor (child labor). Poverty and lack of education make the innocent people victim of these crimes. No concrete efforts are being made in order to address these vulnerable acts. Lack of Freedom of Speech and Press: In reality the rights to speak freely are restricted by the government and are only stated in the law. Two widely read newspaper Times of Zambia and Zambia daily mail are controlled by the government which resulted in publishing the content according to the wills of the governmental bodies. Many private newspapers questioned this unjust act and appealed for their rights of speech. Gender Inequality: Gender differences are observed at each level in this region which restricts the participation of women in political and public life. From government to parliament, public sector to private sector and all other institutions the role of women is degraded. Women are the most affected by the factors of unemployment and erosion of the formal sector. This leaves no options for women but to adopt prostitution as their occupation. The restricted policy of the Government in this regard has forced many women to migrate to the neighboring countries for better survival and living. Poor Prison conditions: The prison system in Zambia is in real crisis and the prisoners are facing many issues such as malnutrition, overcrowding, rampant infectious disease, grossly inadequate medical care, and routine violence at the hands of prison officers and fellow inmates. The basic necessity of living i.e. water is unclean and unavailable. Food provisions are insufficient and nutritionally inadequate that it has become a commodity trade for sex and labor in the prisons. Health risks due to HIV and TB are relatively high in prison and the detainees come from and go with infectious diseases from one another in the premises. The prisoner health must be paid attention and measures must be taken to reduce the alleviations of the prisoners with regards to the basic needs. Long delay trials: The delays and failures in the Zambian criminal system have shown disastrous results such as overcrowding, poor health conditions etc. Prisoners are arrested for a long period of time which not only prolongs the arrest time of a prisoner which poses bad affects in the mental and physical condition of the detainee but it also affects the overall condition of the prison. Arbitrary arrests: The problems in police investigation also results in many unnecessary and wrongful arrests. If the primary targets are not found, police arrest their entire family which is a great violation to the basic rights of security. Although the Zambian law provides the law for such cases to be seen before the judge within 24 hours, these laws are not compelled by the concerned authorities. Culture and Diversity in Zambia: The culture of Zambia is an amalgamation of the values, norms, lifestyles of the people who have made Zambia as their homeland. It is one of the few countries in Africa with less tribal animosity. The hallmark of their culture is the ethnic diversity with seventy ethnic origins living in this region. The main tribes include the Lozi, the Bemba, the Ngoni, the Tonga, the Luda, the Luvale and the Kaonde. Many phases of migration have been witnessed which has incorporated the skills and way of living of different peoples as a coherent whole of the culture. This is due to the process of industrialization and urbanization which has brought people with different backgrounds into unity to meet the economic interests. After gaining independence in 1964, the government recognized the need to enhance the role of culture in seeking and developing national identity. The diversification is observed in many areas of the culture which includes: Food, dance, music, religion, customs and crafts. Drum is an integral part of the Zambian music and is considered as a must for all the occasions. The popular handicraft is basket making who have earned a global recognition and reputation. Many public and private museums are established to promote the expression of artistic talents. The tribunal customs of Zambia are followed by the rural people as urban youth aspire to the western culture. The ceremonies of Zambia are worth enjoying with more than 20 annual ceremonies manifesting customs, social life, rituals, oral history, material and spiritual culture of this region. Diversity and Cross-cultural issues in Zambia: As Zambia is a country with diverse ethnic and religious groups, there are many issues that are faced by the people with regards to culture. Some of them are discussed below: Issues for Women/Female: Zambia is a paternalistic society where women are not given the due respect and may experience frustration. Zambian men hold a dominant place in the society and in order to gain the same benefits like men, women must have to work harder to make their place in this region. Women may also get unnecessary attention from the men which can result in sexual abuses and exploitation of basic women rights. Issues of Race and Color: In order to adjust to the local customs and traditions of Zambia, the local people might ask the foreigners to learn local languages. This is important because they will be treated better if they are considered as Africans in this region. The differences of race and color are widely held in this region and issues concerning this factor will pose great threats. Issues for Gay, Lesbian and Bisexuals: In Zambia homosexuality is viewed as immoral and something that has its roots in Europe. There are many laws in the Zambian government that discourage homosexuality and restrict the inhabitants to involve in such cases. Keeping in view the social norms of Zambia, homosexuals are not allowed to openly disclose their relationship in the community. Issues for people with disabilities: The prejudicial attitude of the people of Zambia due to lack of education and awareness also creates a sense of discrimination for the people with disabilities. The rural areas will be more challenging in this context as people are less-educated and consider such disabilities as a menace for the others. Protection of Human rights: The protection of the human rights is the legal provision that is provided by the state to the citizens. For any country, it is hard to achieve the goals pertaining to the nation’s development if the people of state are not protected by the human rights. Zambia has also placed due importance to the issues related to the individuals and reforms are developed to provide security to its people. It has joined UN and the other regional treaties protecting and promoting human rights. The major institutions include: Human Rights Commission: It was established in 1997 under the Paris principles. It is meant to investigate the human rights violation and propose solutions to prevent the deleterious acts. Judiciary: The Judiciary of Zambia is the primary in charge to enforce the laws and decisions related to the human rights. Any citizen who thinks his rights are being violated must seek justice through the High court. National Assembly: The National Assembly of Zambia consisting of the elected members of the parliament have social responsibilities towards the citizens. These responsibilities include making laws, approval of the proposals etc. Hence, the laws protecting the rights of the individuals are made by this institute. Judicial Complaints Authority: This authority is responsible to investigate and handle the issues related to the misconduct of the judicial officers. In accordance with the judicial code of conduct, officers are expected to conduct themselves with integrity. Zambia Police Service: The role of the police of Zambia is to provide security to the people but it has been a major violator in this regard. Worst human rights abuses such as tortures, coercion and extra-judicial killing is being observed by the police officers. Police Public Complaints Authority: It has been established in 2002 to address public complaints against the police misconduct. A large number of officers have been dismissed from the Police services through this authority. Laws and institutes that protect human rights: To combat unlawful killings: The Legal Resources Foundation (LRF) is a non-governmental organization of human rights that helps the victim families and represents them in the government. This is due to the irresponsible behavior of the government as it rarely punishes the perpetuators. They encourage the police officials to use weapons when apprehending the suspects. Measures to treat inhuman and torturous acts: The constitution strictly prohibits all such practices but the government of Zambia is corrupt and uses these cruelties as a technique for interrogation. In 2008 Human Rights Commission urged the government to impose a legislation to criminalize the torture and provide compensation in this regard. The NGOs are playing their role but the government is still silent. To improve the prison conditions: The poor and life-threatening conditions of the prison are already discussed in the first section of the paper. The International Committee of the Red Cross (ICRC) and the LRF periodically inspect the prisons now. This inspection not only keeps a pressure on the authorities responsible for the prison and they also assist them in improving the living conditions. In January 2010, the HRC visited three reformatory centers and documented violations of children’s rights in the sector. In 2009, HRC recommended that the prisoners should be rehabilitated on the basis of age and gender in order to meet the acceptable humane and sanitary conditions. Role of Police and Security apparatus to maintain law and order: The Zambian police service is primarily responsible to maintain the law and order situation in their specified areas. The Zambia security intelligence service (ZSIS) under the office of the president is responsible for intelligence and internal security issues. In 2009, HRC recommended to increase the police budget, enhance logistical support, and national service. The Drug Enforcement Commission is responsible for the law related to drugs, fraud, money laundry etc. Although all these institutes are working towards the human rights but the major reason for decline in the police performance are low salaries and poor working conditions. PPCA is playing its due role to review the complaints against all such police officials. Fair Public Trial: As discussed earlier, the constitution and law provide an independent judiciary to make decisions regarding the law and order. The Zambian government does not respect the judicial system and results in inefficiency, corruption and lack of resources. The High Court with its branches in all major cities like Lusaka, Ndola, Kitwe, Livingstone etc and the Supreme Court has the power of making decision in matters of civil litigation and criminal issue regarding reason, murder, robbery etc. The justice ministry with 75 oversees magistrate courts have jurisdiction in some criminal or civil cases. There is a separate court for military forces for their concerned cases. Civil Judicial Procedures and Remedies: Zambia has an independent and impartial judiciary for civil matters and complaints. There are administrative as well as civil remedies available for alleged wrongs. Arbitrary interference with privacy, family or correspondence: All these actions are strictly prohibited but the government doesn’t pay the due attention. A search warrant is required by the law before entering any home for investigation. But this is not followed by the concerned people. The law permits the DEC and ZSIS to monitor the communications using wiretaps. Internet Freedom: No restrictions were made by the government to access the internet. Individuals can engage in conversations via email, chat, discussion boards etc. According to the International Telecommunication Union statistics for 2008, approximately 5.5% of the inhabitants used internet. Academic and Cultural freedom: The academic and cultural freedom of the Zambia shows a positive trend and no restrictions are being made. The law gives the university councils of three public universities a mandate which obliges them to council members to protect the cultural values and academic freedom in the education sector. Religious Freedom: The country enjoys the freedom to practice any religion due to its diverse background. Although the constitution declares it a Christian country, the respect for other religions is maintained at all times. A registration is required for people with other religious groups and must be approved by the council of Zambia. Freedom of refugees: The government along with cooperation of the UN high commissioner for refugees UNHCR and other related organizations protect and assists all such issues. Zambia is a part of the 1951 convention relating to the status of refugees and 1967 protocol as well as the 1967 African Union Convention. The government has established a system against the expulsion or return of the refugees from where they belong. The government also provides them temporary protection if they are not qualified as refugees. Right of the citizens to change the government: The corruption on the part of government acts as a block in the social and economic growth of Zambia. The law provides the right to the citizens of Zambia to change their government through Elections and Political participation. Serious corruption problems have been indicated by the World Bank in relation to Zambia. The Anti-Corruption Commission and Task force for Corruption is responsible for all such matters. To investigate the human rights cases: Apart from the government authority, a large number of organizations are operating in the country to investigate the human rights issues. These include the LRF, Jesuit Centre for Theological Reflection, Women for Change, NGO Coordinating Council, Civil Society for Poverty Reduction, and Southern Africa Center for Constructive Resolution of Disputes. A law was passed by the government to take serious actions against all those NGOs who publicly criticize the government. The UN representatives, ICRC and other organizations are permitted to visit the country. The HRC also monitors the human rights conditions time and again. However it was noted that HRC was underfinanced, understaffed and relied on the police sector to provide the recommendations. To protect the rights of women: Law prohibits all such acts which result in the exploitation of the women. However the government did not impose any serious implementation and thus the Victim Support Unit was established which obtains convictions and safeguards the rights of the women. It handles all the cases of domestic assault, wife beating, and mistreatment of widows for property expropriation. Prostitution is not legal in the country and laws are made associated with these matters. The Gender in Development Division is particularly charged with promoting the status of women. To protect the rights of the children: The Ministries of Labor and Social Security (MLSS), Sport, Youth, and Child Development (MSYCD), Community Development and Social Services (MCDSS), and Education share the responsibility for promoting childrens welfare in different parts of Zambia. To counter terrorism in Zambia: Zambia recognized the driving need to join hands to combat all issues related to terrorism. Ii willingly cooperated with the United States and the international community to face all such challenges. In June 2008, Zambia endorsed the U.S Global initiative to combat nuclear terrorism. In July, the government submitted an Anti-terrorism bill to the parliament. The bill contained all the criminalized acts of terrorism included terrorist training and incitement. Significant authority was granted to the government to investigate, prevent and prosecute all such acts of terrorism in the country. The law enforcement agencies of Zambia were not able to make possible measure due to lack of resources. No progress has been made by Zambia to ratify the counterterrorism conventions listed in UNSC 1373. In November 2008, Zambia was a part of the African regional workshop on implementing UN 1540. In the year 2007, the Zambian government tried to get any assistance with regards to money laundering and counterterrorist issues but no such regime was made. A national anti-money laundering policy has been reviewed to enforce laws. Its point of entry is vulnerable for human trafficking and international crime. Although in 2009, Zambia with the assistance of United Nations has sent a number of law enforcement officers to the International Law enforcement academy in Botswana to educate them in understanding the methods to challenge illegal border crossing. Any internationally- complaint anti-money laundering regime or counterterrorist financing regime is not being made uptill now. The government intends to create a Financial Intelligence Unit (FIU)within the Bank of Zambia that meets international standards. 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