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The Human Rights Commission (HRC) has called for the domestication of the Principles on Decriminalisation of Petty Offences, which were adopted in 2018 by African Union member states, including Zambia.
The Commission has also lauded the Zambian government’s efforts to expand the use of Alternative Dispute Resolution Mechanisms (ADRM) within the country’s criminal justice system.
This followed President Hakainde Hichilema’s directive to Chief Justice Mumba Malila to fully implement ADRM to reduce the backlog of court cases.
In a statement issued on Tuesday, HRC spokesperson, Mwelwa Muleya, highlighted that the effectiveness of ADRM would depend on broader reforms within the criminal justice system.
Muleya stated that decriminalizing petty offences could significantly reduce the burden on the judiciary and help uphold the rights of accused persons.
“The decriminalisation of petty offences will contribute to reducing the overwhelming criminal cases that have outstripped the judiciary’s capacity to deliver timely justice. It will also address unnecessary congestion in detention and correctional facilities, which remains a pressing human rights concern,” Muleya stated.
He noted that integrating ADR mechanisms could enhance access to justice and minimize human rights violations associated with prolonged pre-trial detentions.
Muleya said delays in resolving cases, caused by the judiciary’s limited human and financial resources, have historically been a major source of human rights complaints.
The HRC has long advocated for reforms based on its inspections of detention and correctional facilities, consistently recommending steps to reduce pre-trial detainee populations and improve access to justice.
Muleya expressed gratitude to Chief Justice Malila for spearheading ADRM efforts, which have been endorsed by President Hichilema for immediate nationwide implementation.
“The Commission will continue working with justice delivery institutions to enhance access to justice and safeguard human rights for suspects and accused persons,” Muleya assured.
The HRC underscored that these reforms were vital for addressing systemic challenges in Zambia’s criminal justice system and fostering a more equitable approach to justice.
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