Over the course of the election cycle the Zambian people have
been informed of the option to vote ‘yes’ or ‘no’ to a proposed Bill of Rights
referendum. This process has been a political blind spot as many Zambians don't
know or understand what changes we are voting for. Therefore, the TFHZPC team has
decided to do an evaluation of the proposed changes. Although some of the new
and amended clause may not impact businesses directly, it is important to take
note of them as some may have indirect consequences to businesses in certain
industries (A sort of six force in Micheal Porter's model).
The amendments are being made to the Bill of Rights, this is
defined as the “The basis of Zambia’s social, political, legal, economic, and
cultural policies and state action”. The referendum proposes 6 main amendments
(changes) to the Bill of Rights. Two laws are being added and four laws are
being changed. Here is our evaluation:
1. (New)
The government has proposed a provision which provides access information on
behalf of the people. This also includes complete freedom of press (meaning the
media will be allowed to print freely without being monitored by the
government).
2. (New)
The referendum introduces a provision which prevents asylum seekers and
refugees being returned to their
country of origin or any other which is proven to have the risk of persecution
on the asylum seeker/ refugee. For companies that have businesses supplying goods and services to affected settlements, this provides structure in terms of planning as procedure gives substance when entering into contracts.
3. (Amendment)
The referendum proposes the right of people to gather unarmed and peacefully to
petition changes to the State/ Government. This enhances the existing law which
states a person is allowed the freedom of association. This prevents
persecution of rival parties by the state.
4. (Amendment)
The referendum proposes a change to the right of legal action against the
State/ Government. Whilst previous legal action against the State was limited
due to other laws this amendments gives all individuals the right to take the
state to court a year after said incident.
5. (Amendment)
This amendment insinuates that the state does not have the right to detain an
individual without a charge being brought to said individual, this includes the
right to a trial within 48 hours of detention. This corrects the states right
to in-prison a person on an non-bailable offence with no set timelines for
trial. This also pressurises the court to provide a strong in less time
restricting the withholding of innocent bystanders. (!!)
6.
(Amendment)
There is a law proposing an extension on the rights of ownership within the
country. In Zambia only citizens are allowed to own property. This amendment
gives non-Zambians or foreigners the right to own land in the country. (!!)
Amendment number 6 has the potential to reduce the cost of doing
business for Multinational Corporations (MNC). MNC confidence will be boasted
by this as it underscores the importance and value of protection of land and
property rights.
(Disclaimer: This is simply our summary of the proposed Bill of
rights. We aim not to pass judgment however due to the lack of transparency we
have been unable to give direct quotations. All important amendments have been marked!!)
For the proposed bill to be passed 50% of the available eligible
voters must vote yes (3.5 million yes votes). To vote ‘yes’ or ‘no” you must
bring your national registration card (proving you are a citizen). We hope this
article has been helpful in your decision and hope you share it among your
pears to give all Zambians an educated decisions. We wish you all a peaceful
election.
If you want more information (or our sources) here’s a list of
useful sites:
Government Cartoon: https://www.elections.org.zm/media/understanding_the_2016_referendum_comic_book_10_06_16.pdf
Articles: https://www.daily-mail.co.zm/?p=68721
A very good piece. In addition to the value add highlighted in amendment number two, I would like to add that, once refugees are well integrated, the settlements can also be a hub of innovation in business terms. Most refuges come with skills that host nations find scarce.
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