Civil Society Statement on the Cyber Security, Cyber Crimes, and Anti-Terrorism Bills: Defending Democracy and Human Rights in Zambia

The undersigned civil society organisations are gravely concerned about the Cyber Security Bill, Cyber Crimes Bill, and Anti-Terrorism Bill—currently before Parliament.
While we recognize the importance of safeguarding Zambia’s national security, combating cybercrime, and addressing terrorism, we categorically state that these goals must not come at the expense of human rights, constitutional standards, and democratic governance.
The Constitution of Zambia, under Article 28, provides that redress can be sought where there is a likelihood of rights set out in the Constitution being contravened. An analysis of these Bills reveals several provisions that, if enacted, would not only fail constitutionality tests by their very text but also pose significant risks to fundamental human rights by their application.
We are deeply disappointed in the UPND administration, which came into power on promises of strengthening democracy and human rights. Regrettably, the approach taken with these Bills reflects a troubling continuity of practices that were heavily criticized under the PF administration. The rushed and non-inclusive process mirrors the PF’s push for similar legislation, which was rightly condemned for its disregard for transparency and public participation.
The enactment of the Cyber Crimes and Cyber Security Bills under the guise of addressing critical issues but with provisions that undermine human rights sets a dangerous precedent. Zambia deserves better than recycled authoritarian practices disguised as progressive security reforms.
We call on Members of Parliament to fulfil their duty to the Zambian people. We call on MPs to write to the Speaker to establish a Tribunal as provided for under Article 27 of the Constitution to independently assess the implications of these Bills. Such an assessment is critical to ensure that any legislative action reflects constitutional values and does not erode our hard-won freedoms. Legislative authority derives from the people of Zambia and must be exercised in a manner that protects the Constitution and promotes democratic governance. The Bills in their current forms are a call on Parliament to exercise its legislative authority outside the parameters of the Constitution.
To the citizens of Zambia, this is your fight as much as ours. It is our family, our friends, neighbours and community members who continue to be detained for long periods, often away from their communities for expressing displeasure and discontent with the government. These Bills will shape the future of your freedoms, your privacy, and your ability to speak out. We urge you to read the proposed legislation and make your voices heard. Call your MPs, demand accountability, and remind them that their mandate comes from you. Let them know that laws protecting Zambia’s security must also protect Zambia’s democracy and rights.
We call on the UPND administration to withdraw these Bills and subject them to broader consultation and review, ensuring that the legislation reflects the values of democracy, good governance, and respect for human rights. The administration must abandon the PF’s legacy of rushing critical legislation without the necessary safeguards for human rights and democratic governance.
Zambians must stand against any efforts, legislative or otherwise that compromise our constitutional principles. Zambia’s democracy must not be a casualty of poorly drafted and rushed laws.

Signed

• Josiah Kalala
  Executive Director, Chapter One Foundation
  For and on behalf of:
  Alliance for Community Action
• Transparency International – Zambia
• Council of Churches in Zambia
• Bloggers of Zambia
• Zambia Council for Social Development
• Panos Institute Southern Africa
• Media Institute of Southern Africa Zambia (MISA)