18 April 2013 :

In Zambia, the Human Rights Commission (HRC) has commended delegates to the Bill of Rights thematic group at the ongoing national constitution convention for removing the death penalty clause in the draft constitution.
HRC chairperson Pixie Yangailo said the commission is pleased with the stance taken by the delegates to reject Article 28 on the controversial death penalty provision in the draft constitution.
She said in an interview in Lusaka on Sunday (April 14) that the death penalty is contrary to Zambia’s declaration as a Christian nation where the supremacy of God is acknowledged, hence vengeance belongs to God alone.
“The Human Rights Commission is against the death penalty as it does not help reduce crime in the country. The sanctity of life is a fundamental right and should be respected.
“We are very happy that the death penalty will not be retained in the final Zambian constitution,” Ms Yangailo said.
She said Article 28 should be replaced with life imprisonment without parole and not death sentence.
Ms Yangailo said Zambia is a party to the United Nations convention and international instruments such as the convention against Torture and other cruel, Inhuman or Degrading Treatment or Punishment of 1984 and the 1957 standard minimum rules for the treatment of prisoners where the death penalty is not embraced.
“Death penalty does not address the root causes, but the effects of crime. The State should not therefore reduce itself to the status of a murderer. The execution process is outdated and torturous to condemned persons.
“The death penalty subjects people, not just those sentenced but even family members, to both physical and mental anguish. The International Covenant on Civil and Political Rights also has provisions that discredit death as punishment through its call to observe everyone’s inherent right to life,” she said.
Ms Yangailo said the HRC is also concerned about the continued sentencing of some offenders to death despite the reluctance by successive republican presidents to endorse the punishment.
She said it is unfortunate that the current law on the death penalty is still being upheld.
Ms Yangailo said the HRC will continue to advocate the abolition of the death penalty in Zambia.
“The law as it is currently requires that people are killed (if judged so)…so the judge is within the law but the HRC is always sad when such a judgement is passed.
“We have been calling for the abolition of this law because we believe that life is sacrosanct,” she said.