Human Rights Commission (Practice and Procedure) Regulations, 2002

1. These Regulations may be cited as the Human Rights Title commission (Practice and Procedure) Regulations. 2002.

2. In these Regulations unless the context otherwise requires- Interpretation " assessment " means_ a Preliminary finding made by the Complaints Committee determine whether a complaint submitted to the Commission falls within the jurisdiction of the Commission; " Complaint " means a communication addressed to the Commission that alleges a human rights violation or threat of such right violation; " Complainant " means a person, group or class of persons, organisation or association alleging that a human right has been violated or threatened; "Complaints Committee" means the Commitee, established by the Commission to consider complaints and to determine the Commission's jurisdiction over the complaint and, to assess. the merits of complaints, violated or threatened; and "respondent "means a person a'gainst whom the complaint or allegation has been made. Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, Lusaka, Price K2000 each. I i ) 64 Statutory Instruments 28th March, 2002, PARTII COMPu\lNTS PROCEDURE

3. (!) Every complaint shall be made in Form 1 set out in the Schedule to these Regulations and shall be signed or thumbprinted by the person making it. Fonnof receiving compl.i.ints (2) Subject to section eleven- ( a) the Secretary shall keep a register of complaints; (b) the Secretary shall forward all complaints received to the Complaints Committee for consideration; (c) the Complaints Commiltee shall within fourteen clays make an assessment of the complaint to determine, whether the complaint constitutes a case of a human rights violation or a threat to a human right; (d) the Commission shall have power to request information from a party and conduct investigations to enable the Commission to make an assessment; and (e) if in the opinion of the Commission, the complaint does not fall within· the jurisdiction or the Commission, or such focti vcly hy 1111othcr complaint could be dealt with cl organisation, such complaint shall be rcl'crrcd t<J Ihc appropriate body. Secretary to Acknowl­ edge receipt of complaint

5. (!)The Secretary shall acknowledge receipt 01'1ll�col\lp\11l111, in writing within seven days ofreceipt oflhe complaint, (2) If the complaint is lodged after the expiry nf' lhc 1l111c limit prescribed in subsection (3) of section eleven or the c0lllpluint does not lie within the jurisdiction of the Commission, II 10 Secretary shall advise the complainant, within twenty-one duys ol' receipt of the complaint. Person to respond to complaints

6. (1) The Secretary shall within fourteen dnys of receipt of the complaint advise the person against whom the complaint or allegation has been made. Response to complaint (2) The Secretary shall acknowledge receipt of the response from the person against whom the compluint has been made within sev days ofreceipt of the response.

7. The person against whom the complaint has been made under the Act shall within thirty days of receipt of the.complaint under regulation 6 submit to the Commission a written statement ol' the case responding to the facts and circumstances which i;ave rise to the complaint or allegation: Provided that the Commission may 011 request extend the time within which the person against whom the complaint is being !)lade may make the response under this regulation. . - . -·· ,- -··-- ···-] ,, ,1 'I 28th March, 2002 Statutory Instrument 65 Certification of complaints Withdrawals of complaints Investigation at Commission's intance : '

8. The Commission may at any time direct that the response and all the documents concerning the complaint be clarified in such terms as it considers necessary. • I

9. (l)Acomplainant may­ (aJ withdraw a complaint; (b) request the Commission to discontinue further action; Provided that the Commission accepts the withdrawal before or during the hearing. (2) The withdrawal unde� this regulation shall be in writing. (3) The Secretary shall send a copy of the withdrawal to the other party seven days after the Commission's acceptance of the withdrawal. 0 (4) Notwithstanding the withdrawal of a complaint under sub­ regulation (1), the Commission may investigate the complaint if the Commission considers that the investigation is in the public interest. (5) The Secretary shall within seven days of the Commission's decision to investigate the matter under subregulation ( 4) inform the Respondent of the Commission's decision. IO. ( l) In accordance with section ten the Commission may initiate an investigation into an alleged human rights abuse. (2) Where an investigation is instituted under subregulation (1) the Commission shall state- ( a) the reason for the investigation; ( b) the name of the respondent; ( c) the source of the information giving rise to the investigation; and ( d) the name of the Commissioner or memberof staff responsible for the investigation. (3) The Commissioner or member of staff referred to in paragraph ( d) of sub regulation (2) shall without delay register the case with the Secretary. ( 4) The Secretary shall keep a register of investigations initiated by the Commission under this regulation. (5) The Secretary shall within seven days of the commencement of lhc investigation inform the respondent of the decision to investigate the allegation. 0 66 Sratuto,y Instruments 28th March, 2002 ( 6) The respondent shall within "1i 1ty days ofrecei ving the complaint under sub-regulation (5) submit to the Commission a statement in response to the case. PARTIII PUBLIC HEARING Hearing Public Hearing

11. (1) The Secretary.shall advise all parties to a complaint in writing, of the time and place of hearing, and shall give the parties not less than fourteen days notice. (2) A complainant om respondent may appear in person at a hearing or may be represented by any other person who the complainant or respondent might appoint (3) Where a party to a complaint and lhe party's representative fails to appear for a hearing the Commission sh:il I indicate accordingly in the report. (4) The rules ofnaturaljustice shall apply al the hearing and the Commission shall not be bound by rules or evidence.

12. (1) The Complaints Committee may determine which class of complaints shall be considered together ata public hc111·in� .• (2) The Complaints Committee may determine which co111pl11l111s or matters of public interest may be considered together nt II public hearing. f Evidence before Commission

13. A person who gives evidence before U1e Com111isslo11 shall in respect of that evidence, be entitled to all privileges to whkh a witness giving evidence before a court oflaw is entitled. 28th March, 2002 Stat11/01y Instrument SCIIEDULE ( UeJ.:11/atiou 3) ·1·111: I IIIMAN R1rnrrs COMMISSION ACT . ( /\cl No. 39 OF 1996) 67 Form! COMPLAil'il' FORM Human Rights Commission P.O. Box 33812, Independence Avenue LUSAKA Tel: 01-251327 or25!357 Fax: 01-251342 t'ARTICULARS OF COMPLAINANT Name of complainant surname 11lr.'il 111111,cs (underline the name used) Orc1111is:itio11 name l)alcufbirth Sex M F Street City Telephone Employer(name) Address A candSex Address Postal code Country(if other than Zambia) Cellular phone Employment ProfesSiOn!Position Unemployed D Retired D Other D Citizenship etc. Information required only if relevant to your complaint, for instance if you believe that you have been discriminated against due to your ethnic or geiiea­ logical background Citizenship Ethnicity/Genealogical backgroun(tribe) Nationality Cmuplaimmts representative lkp1·�scntalivcs name 'lclc11lun1c Address Profession PARTICULARS OFRESPONDENT N111110 t1f'rcs1Rmdcnt 'lbl�pl1<111c (ll'knuwn) Otl1c1· l11J'urn111tirn110 idc111ify respondent Address ( if known) Person representing respondent (if known) 68 Statutory bzstrume11ts 28th March, 2002 Describe alleged facts and date ofallcged incident(s) and state the relief you wish to be given COMPLAINT Please do not forget the date or the alleged facts ( if nwre space needed, please colllinue on separate paper) [Alleged facts and date of alleged incidents and argumcnls 1 ... __ _ Please do not forget the date or the alleged facts 28th March, 2002 Statutory J11stn1melll 69 PARTCULARS OF POSSIBLE (Wl1NESS)ES) Witnesses Witness No. 1 name Address Office telephone Wh:u do you wish the witness to be heard about? Witness No. 2 Address Office telephone What do you wish the witness to be heard about? Documents Auachcd copies of documents in support of complaint If relevant documents are not in your possession please describe them so that the Commission can find them if an investigation is unaertaken. (\l)DITIONAL INFORMATION AND SIGNATURES ·, •s etc. involved in the matter complaint or similarto any ianisation, person in the If yes, which one'? Oti lfov ' 01 · What has been the result of thar co!11plaint? 70 $(i.tutory lnstru,;enJs .. ; . . 28th March, 2002 I � Previous Comph.li�ants�Commission ' . . Have you complained lo If?� \.G1Il'l'illssion When? Previously? Place and date Signature or thumbprint of complainant or representantive i Signature of Commission Official assisting with this complaint NOTES ■ ■ Please fill this form as accurately as possible Your complaint will be assessed and you will be informed of the the out come even if the Commission finds that it cannot investigate your case ■ ■ ·■ Lack of necessary infonnation may result in the rejection of your complaint Note that information(next page) regarding citizenship, ethnicity etc. is re­ quired only if relevant due to allegations of racial discrimination or similar allegation. You are kindly requested to inform the Commission of any changes of ad­ dress or telephone number or any circumstance relevant to an investigation of your complaint l I JUDGEL CHIBESAKUNDA, Chainnan L. CHANGURJ, Commissioner L. MULIMBA, Commissioner REv. F. SAKALA, Commissioner F. NsoKOLO, Commissioner J. SAKULANDA, Commissioner LuSAKA 20th March, 2002 [HRc.101/10] ,...__ ___ ··-