Zambia's Free Speech Activists Angered By Proposed Cyber Laws

Activists discussing the proposed cyber laws

By Paul Shalala

Bloggers and free speech activists are angered with moves by the Zambian government to introduce three bills which are aimed at regulating the cyber space.

In the next sitting of parliament which opens in two weeks time, Transport and Communications Minister Brian Mushimba is expected to move the Cyber Security and Cyber Crime Bill, Data Protection Bill and the E-commerce Bills.

On May 2, a day before World Press Freedom Day, Zambia's Information Minister and Chief Government Spokesperson Dora Siliya said the cyber laws would not in any way infringe on the rights of ordinary citizens.

“Let me emphasise that government has a responsibility to protect its citizens against unscrupulous people who are using social media and other online platforms to spread fake news, hate speech, rumours and propaganda just to mislead and create despondency and chaos among citizens. In this regard, I am working closely with the Ministers of Justice and Transports and Communications to strengthen existing defamation laws and provide for cyber laws,” she said.

But activists are contesting these bills.

Freedom of expression is enshrined in the Zambian Constitution under Article 20 clause 1. 

Information Minister Dora Siliya

It reads as follows: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence."

Free speech campaigners are using this constitutional provision to base their fear that the cyber laws will give the state too much control thereby limiting free speech.

The campaigners have even started conversations on the topic under the hashtag #OpenSpaceZM

This fear has even been made worse by the announcement by the Zambia Information and Communication Technology Authority (ZICTA) that it will soon start arresting administrators of WhatsApp group where insults and bad behavior is exhibited by members.

"We are coming up with a law which will compel anyone who opens a WhatsApp group to register with us. They will need to come up with a code of conduct. If those are not followed, we will arrest the administrators or creators of those groups,” said Mofya Chisala who is the Director for Support Services at ZICTA.

This announcement was made on a live program on Zambia's state television station and it has been received with anger by both activists and citizens.

One annoyed activist is Edward Musosa, the Programmes Coordinator at the Civil Society for Poverty Reduction (CSPR) who took to WhatsApp to advise ZICTA.

"In terms of addressing the potential shrink in the online space, we need well informed CSOs on online advocacy such as MISA (Media Institute of Southern Africa) to take the lead in questioning these maneuvers. Otherwise, accountability is a broad concept and it can also lead to losing focus if everyday you are seen to be leading campaigns on different things. However, we should all be very concerned!" he said.

Activists have flooded Twitter with
messages on the Cyber Laws

His sentiments have been echoed by Richard Mulonga, a blogger who is the brains behind ZamBloggers, an organisation championing free speech.

"The cyber laws are a real threat to freedom of expression, press freedom and access to information. In reality, they are a threat to our democracy because democracy is about press freedom, dress of expression. Why has the process of drafting cyber laws been closed to other stakeholders?

Every law must be about protecting citizen rights. Therefore, the proposed cyber laws in Zambia must be about protecting citizen rights and enhancing democracy," said Mr Mulonga.

His argument is that government must involve all stakeholders in crafting the cyber laws and not th current scenario where the contents will only be known when the bills are presented in Parliament.

"You will see that 'fake news' is purposely vaguely defined. It is general and can be used to clamp down on critical citizen voices. There is no guarantee that cyber laws in Zambia will not be used to clampdown on citizens through arrests or surveillance," he added.

Another vocal critic of online regulation is Laura Miti, an accountability activist who wrote this: "The only reason government would want to regulate private use of social media is because citizens are using it effectively, to keep each other informed about the excesses of those in power. They don't want us to know, don't want us to ask questions.  #ItsOurCountry"

Across the continent, some governments use the veil of 'state security' to infringe on citizen rights.

This is the case in Tanzania, Uganda and Kenya where new cyber laws have been passed and activists in Zambia fear the same scenario could reach us.

According to East African media, Uganda's parliament recently passed a law to impose a controversial tax on people using social media platforms.

The law imposes a 200 shilling ($0.05) daily levy on people using internet messaging platforms like Facebook, WhatsApp, Viber and Twitter.

It is believed that President Yoweri Museveni had pushed for the changes, arguing that social media encouraged gossip.

This controversial law is expected to come into effect on 1 July this year.

Brenda Bukowa, a media and communication lecturer at the University of Zambia argues that regulating the online space must be done with caution as it can affect free speech.

Some of the strategies the civil society wants
to use to counter the Cyber Laws

Writing in her weekly column in the state owned Times of Zambia newspaper under the headline They Are Shutting Down Social Media! last Sunday, Brenda said the cyber laws may affect ordinary people on social media.

"‘Online media in a country like Zambia has opened up avenues for free speech and it can be argued that if regulation was enacted, the main victims would not be the purveyors of online misdemeanours but Zambia and its people’s freedom of expression. The results, would do far more damage to our democracy than any harm the culprits of social media abuse combined would bring. …Regulation at any level must be enforced with a careful consideration of the unique characteristics embedded in that society," she stated.

Meanwhile, the Media Institute of Southern Africa (MISA) Zambia chapter has also expressed concern on the proposed law, saying they are a threat to the media.

“Whilst the intentions sound genuine, we are concerned that the laws have not been made public despite government stating that it will take the bills to parliament this month. Our concern over the proposed laws is that they seek to regulate a space that provides media and citizens the opportunity to enjoy their rights of freedom of expression, assembly and access to information. The online space as it stands, is far more accommodating than any other platform of expression and thus, the proposed laws stand as a threat to citizen’s and media’s rights to enjoying the named rights,” said MISA Zambia Chairperson Hellen Mwale yesterday.

In the past week, several civil society organisations have been meeting to find a way of fighting the cyber laws.

These organisations includes the Action for Community Accountability, Actionaid Zambia, Zambia Council for Social Development, GEARS, SACCORD, PANOS.

Investigation Reveals Zambia's 600 Homosexuals Living In Fear

An African gay rights activist hiding his face

By Paul Shalala

 

A four year undercover investigation has revealed that Zambia has a thriving community of about 600 lesbians, gays, bisexuals, transsexuals and intersex (LGBTI) who practice their sexual orientation in total secrecy for fear of being lynched by the community or being arrested by the Police.

According to results of a secret baseline survey of the LGBTI community in Zambia commissioned by a Lusaka-based human rights advocacy organization Dette Resources Foundation, about 600 gays, lesbians, bisexuals and transsexuals are known to be leading their normal but difficult lives in Lusaka, Copperbelt and Southern Provinces.

The baseline survey was launched on 21^st July 2012 and immediately, the Zambia Police Force embarked on a search for the people behind it and activists lived in fear of being arrested. 

Zambia’s current President Edgar Lungu, who was then Home Affairs Minister, warned that the people behind the survey would be arrested and brought behind bars to face the law.

However, no one was arrested as the people behind the survey went underground for fear of being arrested and prosecuted.

The survey was actualized across the country and the results are now ready and this reporter is the only Zambian journalist to have full details of the findings.

The document reveals that the secretive community is so closed up that even human rights activists have tough time to penetrate it and offer health services to those with complications.

According to results of the survey, the 600 LGBTI are known to be leading their normal but difficult lives in Lusaka, Copperbelt and Southern Provinces. 

The survey indicates that in other provinces with vast rural areas, the LGBTI community could exist but these could be very few people who may be scared to be identified and be integrated into the wider LGBTI community.

This reporter has interacted with activists who have shared the struggles that the members of the Lesbian and Gay community face in Zambia.

David Musonda

“We should not ignore the fact that some Zambians are born like that. We need to accept them and do everything we can to help them live their normal lives without being arrested or discriminated against,” said David Musonda, a Zambian human rights activist who is a Global Coordinator for Religious Global Interfaith Network for Sexual, Sex Orientation, Gender Identity and Expression (GINSSOGIE).

He went on to say Zambians need to change their mindset on LGBTI as most of them are born that way.

"We need to change our mindset in the way we treat gays and lesbians. They are people created by God but with a different sexual orientation. Many Zambians are not well informed about this community that's why there is too much animosity against LGBTI," said Musonda.
 

Mr. Musonda, who has undergone training as a Catholic priest in East Africa, says there is need for religious leaders to embrace the LGBTI community. 

He says it saddens him that people who preach the word of God and Jesus' tolerance are the ones in the forefront discriminating against people created by God.

The activist is determined to advocate for the rights of the LGBTI community adding that there is need for the Government and all stakeholders to chat the way forward on this matter other than resort to leaving this issue in abeyance as it will explode one day and the effect will be difficult to deal with.

And Dette Resources Foundation Director Jane Kaluba has called for policy change in Zambia in the way the LGBT community is treated by society.

“I call upon religious leaders, politicians and lawmakers to come together and reason on this matter. The country needs to change the way it looks at gays and lesbians,” said Ms Kaluba, who is an outspoken Zambian activist who has in the past eluded arrest over the issue of gay rights.

Like Mr Musonda, Ms Kaluba’s advocacy is also on the religious front.

“Yes Zambia is a Christian nation as declared in the preamble of our republican constitution. But that doesn’t mean that gays and lesbians are not Christians. They are also God-fearing despite their sexual orientation,” she said.

Kitwe, Lusaka and Livingstone are some of the biggest cities in Zambia where the largest members of the LGBT community live.

According to investigations, due to the cosmopolitan nature of the three cities, gays and lesbians find it easy to live in these towns and satisfy themselves with their partners as opposed to rural areas where resentment for such acts are considered a taboo and unheard of.

In their typical day to day lives, Zambian LGBT host secret parties where they enjoy themselves over beers but sex is highly practiced while the party is on.

Homosexuality is highly criminalized in Zambia and practicing it carries a 25 year jail term upon conviction.

According to the colonial-era Zambian Penal Code, homosexuality is a crime which makes it an emotive issue in this southern African country which has a strong conservative society.

The all-powerful three church mother bodies who have thousands of affiliate churches are open campaigners against homosexuality which has been a major campaign issue during general elections in Zambia since 2006.

On July 22, 2014, a youth-led organization Zango Youth Consortium submitted before the on-going sittings of the Legal and Justice Sector Reforms Commission that homosexuality must be decriminalized by removing the words‘unnatural acts’ from the statute books.

“We need to amend the Penal Code so that we can allow homosexuals to live freely in Zambia. Our research has shown that there is a thriving community of homosexuals and they are being oppressed,” said Kaimbo Katengo, Chairman of Zango Youth Consortium when he appeared before the Frederick Chomba-led Legal and Justice Sector Reforms Commission which sat at Nakatindi Hall in Lusaka.

After his story was published by the mainstream media, Mr Katengo received death threats and he was forced to go into hiding for five days only to reappear and offer an apology on TV for his comments on homosexuality.

“Am here to apologise to His Excellency President Michael Chilufya Sata and the people of Zambia. Our submission to the Legal and Justice Sector Reforms Commission has not been received well by stakeholders and am here to withdraw our submission on homosexuality. Next week I will appear before the commission to officially withdraw our comments,” said Katengo as broadcast by Zambia’s state TV channel.

On April 7, 2013, a gay rights activist Paul Kasonkomona appeared on the privately owned MUVI TV’s ‘The Assignment’ one hour live TV show where he discussed various issues to do with the LGBT community.

Paul Kasonkomona live on MUVI TV

Police officers in full riot gear stormed the privately owned television station and arrested Mr Kasonkomona for allegedly propagating homosexuality in Zambia.

The activist was charged with loitering but he was acquitted by the courts of law on February 25, 2014.

Another highly publicized case was the arrest of two youths from the central Zambian town of Kapiri Mposhi who were arrested for sleeping in the same house and allegedly practicing homosexuality.

Philip Mubiana and James Mwape were arrested on May 6, 2013 and acquitted on July 3, 2014.

Their historical court case was consistently attended by western diplomats based in Zambia whose presence in the courts was received with protests from the Zambian government.

After their acquittal, they are now freely living in their home town but it is not clear if they are still living as a ‘couple.’

But religious leaders have now joined forces with activists to campaign and help change people’s mindsets and accept the LGBT community as human beings who need the same love and care as heterosexuals.

Reverend Patson Kabala

Reverend Patson Kabala of the Uniting Presbyterian Church of Southern Africa is an ordained minister who has been preaching the word of God since 1991 and his comments may be considered controversial in Zambia due to his open advocacy for the need to allow gays and lesbians to freely practice their sexuality without state intervention.

“In John 3:16 God says he loved all humanity and died for all of us. This passage is clear, it does not leave out homosexuals. We should not judge these people; let us allow God who created them to judge them. Ours as human beings is to embrace whatever God created,” said Reverend Kabala in an interview in Lusaka.

Reverend Kabala likens the stigma against homosexuals to the people who suffered and died in the early years of the HIV virus.

“When HIV first came in our Zambian society, people were discriminated against and many died of stigma which was too much to bear. What is happening now to people of different sexual orientation is the same. We need to break the silence and allow these people to access medical attention and live peacefully,” said Rev Kabala.

Another religious leader who feels the LGBT community needs support is Reverend Tellas Shumba of the Reformed Church in Zambia (RCZ) Chawama East congregation in Lusaka.

“I have been a leader in the church since 1988 and I can tell you I have interacted with all types of people and it is unfortunate that our brothers and sisters the homosexuals are highly discriminated against,” said Rev Shumba who has served in various positions of RCZ in Zambia.

Reverend Tellas Shumba

The clergyman goes further to call upon the Zambian government to decriminalize homosexuality and create what he calls ‘an equal society.’

“We can only fully embrace the gays and lesbians in this country if government comes up with a law to embrace the LGBT community. I therefore call upon those in the corridors of powers to bring up this law. We need to be an equal society in Zambia,” he added.

And Zambia's only openly gay person Lundu Mazoka has welcomed the support by religious leadersto embrace homosexuality.

"The rising support for homosexuality among priests is progressive but it is also worrying as it is not African born. And it stands threatened by the fact that those that are currently proponents may fall by the wayside under the attacks of conservatives," said Mazoka in an emailed statement. 

And on the need for new laws to protect the LGBTI community in Zambia, Mazoka says implementation is where the problem is.

"Zambia does not need any new laws until we are able to properly implement the ones that we already have," he said.

On 13th October, 2014, PANOS Institute of Southern Africa held a workshop on the marginalized community at Cresta Golfview Hotel in Lusaka which was aimed at creating a platform of discussion on the human rights of marginalized communities in Zambia.

Lilian Kiefer

The German Embassy-funded one day workshop discussed various issues but the issue of homosexuality brought up the most heated debates as both its opponents and advocates sized each other up during the highly charged debates.

In an interview on the sidelines of the workshop, PANOS Executive Director Lilian Keifer said the workshop was necessary as the issue of marginalized communities was no longer a secret.

“This workshop is a platform on which various interest groups in Zambia can discuss human rights and try to find solutions to the human rights problems we are going through. In Zambia, it is not easy to openly discuss homosexuality but am happy people in this workshop are debating it freely,” said Ms Kiefer.

The one day meeting was attended by a serving ruling party Member of Parliament, various leaders of opposition political parties, lawyers, journalists, human rights activists and civil society leaders.