Committee on the Rights of Persons with Disabilities
Concluding observations on the initial report of Zambia *
I.Introduction
1.The Committee considered the initial report of Zambia at its 694th and 695th meetings, held on 6 and 7 March 2024. It adopted the present concluding observations at its 713th meeting, held on 20 March 2024.
2.The Committee welcomes the initial report of Zambia, which was prepared in accordance with the Committee’s reporting guidelines, and thanks the State party for its written replies to the list of issues prepared by the Committee.
3.The Committee appreciates the fruitful and sincere dialogue held with the State party’s high-level delegation, which included representatives of the relevant government ministries.
II.Positive aspects
4.The Committee welcomes the legislative, administrative and policy measures taken by the State party to promote the rights of persons with disabilities and to implement the Convention since its ratification in 2010, in particular:
(a)The enactment of the Persons with Disabilities Act, in 2012;
(b)The adoption of the National Disability Policy and the National Implementation Plan on Disability, in 2015;
(c)The establishment of the Zambia Agency for Persons with Disabilities, pursuant to the Persons with Disabilities Act, in 2012;
(d)The enactment of the Mental Health Act No. 6 of 2019, which repealed the Mental Disorders Act of 1949;
(e)The adoption of the Social Protection Policy, which has a stream on disability, in 2014;
(f)The adoption of the Eighth National Development Plan (2022–2026), which is anchored in the principles of inclusion and participation.
III.Principal areas of concern and recommendations
A.General principles and obligations (arts. 1–4)
5.The Committee notes with concern:
(a)The definition of persons with disabilities in the national legislation and different concepts of disability in various professional and legal areas, which result in the lack of recognition of all persons with disabilities, particularly persons with intellectual and/or psychosocial disabilities;
(b)The prevalence of the medical model of disability in the State party, including within its disability assessment systems and in relation to the eligibility criteria for accessing necessary services and support;
(c)The insufficient implementation of the Persons with Disabilities Act of 2012, owing to the delays in the adoption of specific regulations relating to inclusive education, health, accessibility and employment;
(d)The use in laws and in policies of derogatory concepts and terminology concerning persons with disabilities that emphasize impairments, reflect medical and paternalistic approaches to disability and reinforce stigma relating to persons with disabilities;
(e)The lack of awareness of the rights recognized in the Convention among the judiciary, justice sector professionals, policymakers, lawmakers, teachers, medical, health and social workers and all other professionals working with persons with disabilities;
(f)The fact that the State party has not yet ratified the Optional Protocol to the Convention.
6. The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Review the existing disability-related legislation and policies and align them with the provisions of the Convention, and adopt a unified concept of disability in all professional and legal areas that is aligned with the purpose and principles of the Convention and covers all persons with disabilities;
(b) Reorient its disability assessment systems by replacing elements of the medical model of disability with the principles of the human rights model of disability and by establishing systems aimed at the assessment of legal and environmental barriers to persons with disabilities and the provision of the support and assistance necessary to promote their independent living and their full social inclusion;
(c) Develop all regulations and guidelines necessary for the full implementation of the Persons with Disabilities Act of 2012;
(d) Adopt measures to amend or repeal legislation that includes derogatory concepts and terminology concerning persons with disabilities and ensure that its legislation recognizes the evolving concept of disability as arising from the interaction between persons with impairments and barriers to the full participation of persons with disabilities in society;
(e) Take steps to raise awareness about and build capacity on the human rights model of disability among government officials at all levels, legal professionals, judges, prosecutors and professionals working with persons with disabilities. The State party should involve organizations of persons with disabilities in the design and implementation of training for public officials;
(f) Ratify the Optional Protocol to the Convention without further delay.
7.The Committee is concerned about the lack of participation of persons with disabilities, through their representative organizations, including diverse organizations of persons with disabilities, in the design, implementation and monitoring of disability-related laws, policies and programmes.
8. The Committee recalls its general comment No. 7 (2018) and recommends that the State party strengthen and implement mechanisms for close consultation with and the active involvement of persons with disabilities, through their representative organizations, in public decision-making processes, and ensure that meaningful consultations are held with the diverse groups of organizations of persons with disabilities, including those of women and children with disabilities.
B.Specific rights (arts. 5–30)
Equality and non-discrimination (art. 5)
9.The Committee notes with concern:
(a)That despite the comprehensive review that the Zambia Law Development Commission conducted of the Penal Code and the Criminal Procedure Code and the Commission’s recommendation to remove derogatory and discriminatory terms used to describe persons with disabilities, the proposed amendments have not been put into effect;
(b)That the Bill of Rights in the Constitution does not recognize disability-based discrimination and intersectional discrimination and it does not recognize the denial of reasonable accommodation as a form of discrimination;
(c)That, despite the recognition in the Persons with Disabilities Act of 2012 of the denial of reasonable accommodation as a prohibited ground of discrimination, the State party has not developed regulations or mechanisms to give effect to the duty to provide reasonable accommodation to persons with disabilities or set out procedures for persons with disabilities to challenge the lack of provision of reasonable accommodation;
(d)That persons who are deaf are still discriminated against under the Roads and Road Traffic Act with regard to obtaining driving licences;
(e)The absence of an accessible and effective complaints mechanism for persons with disabilities to report incidences of discrimination.
10. The Committee recalls its general comment No. 6 (2018) and targets 10.2 and 10.3 of the Sustainable Development Goals and recommends that the State party:
(a) Take measures to ensure that the recommendations made by the Zambia Law Development Commission after its comprehensive review of the Penal Code and the Criminal Procedure Code, which included removing derogative and discriminatory terms used to describe persons with disabilities, are legislated and put into effect;
(b) Review and amend the Bill of Rights in the Constitution and other existing anti-discrimination legislation to recognize multiple and intersectional forms of discrimination on the grounds of disability and the intersection of disability with other grounds, such as age, sex, race, ethnicity, gender identity and any other status, adopt strategies to eliminate multiple and intersecting forms of discrimination, ensure that the Bill of Rights explicitly recognizes that the denial of reasonable accommodation constitutes discrimination on the basis of disability and ensure effective investigation into reports of such discrimination;
(c) Develop regulations and mechanisms in close consultation with and with the active involvement of persons with disabilities and their representative organizations and establish mechanisms, policies and practices to ensure the provision of reasonable accommodation, as specified in sections 2 and 6 of the Persons with Disabilities Act, and establish effective and easily accessible remedies in cases where reasonable accommodation has not been provided;
(d) Review the Roads and Road Traffic Act to allow issuance of driving licences to persons who are deaf;
(e) Put in place an accessible and effective complaints mechanism for persons with disabilities to report incidences of discrimination and provide persons with disabilities who have been subjected to discrimination with redress, compensation and rehabilitation and ensure that perpetrators are sanctioned.
Women with disabilities (art. 6)
11.The Committee notes with concern:
(a)The lack of adequate information, including disaggregated data, on the situation of women and girls with disabilities, in particular women with disabilities in economic activity and their representation in decision-making positions at all levels;
(b)That a large number of women and girls with disabilities are reported to live in poverty owing to limited education, employment and economic opportunities and social exclusion;
(c)That programmes aimed at the advancement of women, including the Girls’ Education and Women’s Empowerment and Livelihood Project, do not specifically target girls and women with disabilities;
(d)That women with disabilities are victims of widespread stigma and discrimination with regard to access to health, particularly reproductive health services.
12. The Committee recalls its general comment No. 3 (2016) on women and girls with disabilities and Goal 5 of the Sustainable Development Goals and recommends that the State party:
(a) Conduct a study on the situation of women and girls with disabilities in the State party to identify their specific situations and needs in order to develop and adopt strategies, policies and programmes, especially in the fields of education, employment, health and social protection, that promote their autonomy and full participation in society, and adopt measures aimed at achieving the empowerment and full inclusion of women and girls with disabilities in all spheres of life, as well as their involvement in all public decision-making processes;
(b) Put in place measures, including affirmative actions, to ensure that women with disabilities have full access to education opportunities, empowerment programmes and social services to enhance their participation in development on an equal basis with others, and that they are represented in economic activities and in leadership positions at the local and national levels;
(c ) Ensure that the Girls ’ Education and Women ’ s Empowerment and Livelihood Project includes women and girls with disabilities ;
(d) Develop and implement awareness-raising campaigns and educational programmes throughout society, including at the family level, with regard to women with disabilities and in a manner that promotes respect for their rights and dignity, combats stereotypes, prejudices and harmful practices and promotes awareness of their capacities and contributions, and ensure their access to social services, including access to health, particularly reproductive health services.
Children with disabilities (art. 7)
13.The Committee is concerned:
(a)That the Child Policy, the National Disability Policy and other national policy documents do not specifically address the needs and interests of children with disabilities;
(b)That the Children’s Code Act does not include provisions on the evolving capacities of children with disabilities;
(c)At the lack of strategies in place to support caregivers and early learning centres to stimulate and teach children with disabilities.
14. With reference to the joint statement of the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities on the rights of children with disabilities (2022), t he Committee recommends that the State party:
(a) Take legislative and policy measures to recognize and provide support to children with disabilities and their families to ensure that they exercise their rights to participation on an equal basis with other children, and ensure inclusion of children with disabilities in all areas of life, including family life and community life, by developing community-based inclusive strategies and programmes for children with disabilities both at the national and local levels;
(b) Establish a mechanism that respects the evolving capacity of children with disabilities to ensure that they can form their views and express them freely in all matters affecting them, and that these views are given due weight in accordance with the children ’ s age and maturity;
(c) Develop guidelines and support strategies for caregivers or supporters of children with disabilities and put in place measures to adequately address the needs of children with disabilities who require more intensive support, such as children with multiple disabilities and those who are deafblind.
Awareness-raising (art. 8)
15.The Committee notes that the Zambia Agency for Persons with Disabilities, with support from the International Labour Organization, developed a communication strategy aligned to its new strategic plan in 2023. However, the Committee is concerned at the persistence of discriminatory attitudes, negative stereotypes and prejudice towards persons with disabilities, including persons with albinism, persons with intellectual and/or psychosocial disabilities and women and children with disabilities, at the lack of awareness‑raising campaigns about the dignity, capabilities and rights of persons with disabilities in society and in the media and the absence of a long-term strategy to raise awareness about the rights of persons with disabilities with the effective participation of persons with disabilities. It is also concerned that the existing awareness-raising activities, such as workshops, seminars, meetings and commemorations of international days, are usually held in urban areas only.
16 . The Committee recommends that the State party:
(a) Adopt a national strategy, in close consultation with and with the active involvement of organizations of persons with disabilities, to raise awareness of and combat prejudices against persons with disabilities, and monitor its impact;
(b) Introduce regular training and develop awareness-raising modules about the rights of persons with disabilities at all levels of education, for policymakers, the judiciary, law enforcement officials, the media, politicians, educators and professionals working with and for persons with disabilities, as well as for the general public, both in rural and urban areas, in all accessible formats, including Braille, Easy Read, audio and tactile, and with the active involvement of persons with disabilities, in order to foster respect for the dignity, abilities and contributions of all persons with disabilities;
(c) Undertake specific public education on the rights of persons with albinism to address myths around albinism, which have made persons with albinism a target for ritual attacks.
Accessibility (art. 9)
17.The Committee notes with concern that persons with disabilities face barriers to access to the physical environment, transportation, information and communications, including information and communications technology, and other facilities and services open or provided to the public, particularly in rural areas. It is also concerned at the lack of measures taken to implement the relevant national legislation on accessibility standards, the lack of adequate budgetary allocations and the lack of mandatory accessibility criteria in public procurement at all levels.
18. With reference to its general comment No. 2 (2014) on accessibility and Goal 9 and targets 11.2 and 11.7 of the Sustainable Development Goals, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities and their representative organizations:
(a) Adopt and implement an action plan and strategy to identify existing barriers to accessibility in the private and public sectors and provide the human, technical and financial resources necessary to remove those barriers to ensure the accessibility of, inter alia, buildings, transportation, information and communications, including information and communications technologies, and other facilities and services open or provided to the public, in both urban and rural areas;
(b) Ensure the full participation, consultation and involvement of persons with disabilities and their representative organizations in the development and implementation of accessibility standards and regulations, strengthen the implementation of the existing national legislation on accessibility and the standards adopted by the Zambia Bureau of Standards and consider carrying out an accessibility needs assessment of existing infrastructure with a time-bound plan to make it accessible;
(c) Take the legislative and policy measures in the public and private sectors, such as the development of public procurement criteria, necessary to implement the full range of accessibility obligations under the Convention, including regarding information and communications technologies and systems, and ensure effective sanctions for non-compliance.
Right to life (art. 10)
19.The Committee is deeply concerned at reports of attacks, mutilation, abduction and murder of persons with albinism.
20. The Committee, recalling its jurisprudence, recommends that the State party:
(a) T ake immediate and urgent legal and policy measures to safeguard and protect persons with disabilities and persons with albinism from abduction and murder, and to ensure that all perpetrators are brought to justice;
(b) Conduct awareness-raising campaigns to change perceptions and attitudes towards persons with disabilities and combat stereotypes, myths and beliefs associated with albinism, which can incite ritual killings and attacks of persons with albinism.
Situations of risk and humanitarian emergencies (art. 11)
21.The Committee is concerned:
(a)At the lack of specific and comprehensive protocols and guidelines for the evacuation of persons with disabilities during situations of risk, humanitarian emergencies and disasters, the lack of budget allocations, and barriers to guaranteeing reasonable accommodation and accessibility to information, evacuation centres, emergency relief assistance, early warning systems and community needs assessments;
(b)That persons with disabilities are not given special consideration by the Disaster Management and Mitigation Unit and that the establishment of committees for managing situations of risk and coordination of humanitarian assistance does not provide for the inclusion and participation of persons with disabilities, through their representative organizations;
(c)That persons with disabilities, in particular those who are still in institutions, have been disproportionately affected by the coronavirus disease (COVID-19) pandemic, and at the barriers faced by persons with disabilities in gaining access to emergency information and devices and health services.
22. The Committee recommends that the State party:
(a) In close consultation with and with the active involvement of persons with disabilities, through their representative organizations, develop protocols for evacuation in situations of risk, humanitarian emergencies and disasters, providing clarity on the specific requirements of persons with disabilities, and ensure that reasonable accommodation is made so that information, evacuation centres, emergency relief assistance, early warning systems, community needs assessments and assistive devices are accessible to persons with disabilities in urban and rural areas;
(b) Review the Disaster Management Act No. 13 of 2010 and other laws, policies and guidelines to ensure that they expressly provide for specific State responses to protect persons with disabilities in situations of risk and humanitarian emergencies;
(c) Align the disaster management and risk reduction policy and strategies with the Sendai Framework for Disaster Risk Reduction 2015–2030;
(d) Ensure that, in situations of risk, humanitarian emergencies and pandemics, all persons with disabilities can receive the necessary information in accessible formats and on the appropriate devices, are fully included in the emergency measures, such as rescue operations, evacuation or emergency services, and have access to health services.
Equal recognition before the law (art. 12)
23.The Committee notes with concern the discriminatory provisions of the Mental Health Act No. 6 of 2019, which deprives persons with intellectual and/or psychosocial disabilities of their legal capacity, and the absence of supported decision-making mechanisms for persons with disabilities to exercise their legal capacity on an equal basis with others.
24. The Committee recommends that, in line with its general comment No. 1 (2014) on equal recognition before the law, the State party:
(a) Review the national legislation, in particular section 4 (2) of the Mental Health Act No. 6 of 2019, to guarantee the right of all persons with disabilities, particularly persons with intellectual and/or psychosocial disabilities, to equal recognition before the law, and replace substitute decision-making systems, including guardianship, with supported decision-making systems that ensure the provision of individualized support and respect the autonomy, will and preferences of persons with disabilities;
(b) Develop awareness-raising campaigns and capacity-building programmes, in consultation with and with the active involvement of persons with disabilities, through their representative organizations, for all stakeholders, including the families of persons with disabilities, community members, health professionals, public officials, the media, the judiciary and members of the parliament, on the recognition of the legal capacity of persons with disabilities and supported decision-making;
(c) Ensure the effective, independent participation of persons with disabilities, through their representative organizations, in the reform process and in the training of the relevant personnel on the recognition of the legal capacity of persons with disabilities and on the mechanisms of supported decision-making;
(d) Organize and fund the development of information about what supported decision-making is, in accessible formats such as Braille, sign language and Easy Read, and distribute it to persons with disabilities and their families.
Access to justice (art. 13)
25.The Committee notes with concern:
(a)The barriers that persons with disabilities continue to face in accessing justice, including high costs, the lack of qualified sign language interpreters in administrative and judicial proceedings for persons who are deaf, and the lack of documents and information in accessible formats for persons with disabilities;
(b)The lack of knowledge among persons with disabilities about their rights and about formal procedures for enforcing their entitlements and processes to obtain remedies;
(c)The lack of knowledge, training and awareness among legal aid lawyers, police officers and the judiciary about working with and representing persons with disabilities, in particular women with disabilities;
(d)The State party’s reliance on civil society to conduct disability rights capacity‑building for justice officials.
26. The Committee recalls the International Principles and Guidelines on Access to Justice for Persons with Disabilities, developed in 2020 under the leadership of the Special Rapporteur on the rights of persons with disabilities, and target 16.3 of the Sustainable Development Goals, and recommends that the State party:
(a) Strengthen the implementation of the National Legal Aid Policy (2018) and take legal, administrative and judicial measures to eliminate all restrictions on the effective participation of persons with disabilities at all stages of administrative and judicial procedures;
(b) Ensure that the provisions in the Persons with Disabilities Act concerning obligations placed on law enforcement, the judiciary and other justice sector institutions on providing information, procedural accommodation and reasonable accommodation to persons with disabilities are fully implemented;
(c) Adopt and implement effective mechanisms to ensure procedural, age ‑ appropriate and gender-sensitive accommodations in judicial and administrative proceedings for persons with disabilities, including women with disabilities, persons with intellectual and/or psychosocial disabilities and persons who are deaf, hard of hearing or deafblind, take measures to provide information in accessible formats and ensure the physical accessibility of court buildings and all judicial and administrative facilities, including in rural and remote areas;
(d) Strengthen capacity-building programmes for the judiciary and justice ‑ sector professionals, such as prosecutors and law enforcement officials, including police and prison officers, on the provisions of the Convention and on access to justice for persons with disabilities.
Liberty and security of person (art. 14)
27.The Committee notes with concern that section 167 of the Criminal Procedure Code allows for the deprivation of liberty and indefinite detention of persons with psychosocial disabilities who are considered unfit for trial. It is also concerned at the lack of monitoring mechanisms to ensure the right to reasonable accommodation for persons with disabilities in correctional and detention facilities.
28.The Committee recalls its guidelines on the right to liberty and security of persons with disabilities and its guidelines on deinstitutionalization, including in emergencies, and recommends that the State party:
(a) Review and amend all discriminatory provisions in its laws, including section 167 of the Criminal Procedure Code, to bring them into conformity with the Convention and international human rights norms and standards, including by addressing and eradicating prolonged detention, at the President ’ s pleasure, of persons found unfit for trial, without regular case reviews;
(b) Establish a monitoring mechanism to ensure that persons with psychosocial and/or intellectual disabilities are not subjected to arbitrary and forced treatment, particularly treatment that results in confinement, and ensure that reasonable accommodation and safety are provided to persons with disabilities who come into conflict with the law.
Freedom from torture or cruel, inhuman or degrading treatment or punishment(art. 15)
29.The Committee is concerned:
(a)That the enactment of the bill criminalizing torture has been pending since 2017;
(b)About the occurrence of involuntary admission, seclusion, physical, chemical and mechanical restraints and other forms of ill-treatment in family settings, psychiatric institutions, religious institutions, hospitals, prisons and educational services, particularly for persons with intellectual and/or psychosocial disabilities, and reports of widespread and systemic patterns of brutality, including against persons with disabilities, in police custody.
30. The Committee recommends that the State party:
(a) Expedite the enactment of the bill criminalizing torture or cruel, inhuman or degrading treatment or punishment;
(b) Establish an effective legal complaints mechanism, with sufficient financial, human and technical resources, that is accessible to all persons with disabilities and investigate and sanction perpetrators of practices that may amount to torture or cruel, inhuman or degrading treatment or punishment, including in police custody, of persons with disabilities, imposing sanctions that are commensurate with the conduct.
Freedom from exploitation, violence and abuse (art. 16)
31.The Committee notes with concern:
(a)The lack of awareness among the general population, including among persons with disabilities, of measures for the protection of persons with disabilities from exploitation, violence and abuse, and the lack of a comprehensive strategy to address all forms of exploitation, violence and abuse of persons with disabilities, in all settings, including in the family, at school and in the workplace;
(b)The absence of sufficient measures and resources to ensure the effective implementation of existing national legislation, policies and strategies to protect all persons with disabilities in all contexts from all forms of exploitation, violence and abuse;
(c)The lack of resources allocated to combat gender-based violence against women with disabilities and the lack of services and accessible shelters for women and girls who are victims of violence, including women with psychosocial and/or intellectual disabilities, particularly in rural areas;
(d)That children with disabilities are exposed to higher rates of violence and bullying than other children and that only limited information and statistical data are available on violence against children with disabilities and related complaints;
(e)Reported cases of violence against persons with albinism;
(f)The inadequate training of the staff, carers and families of persons with disabilities, health personnel and law enforcement officials on recognizing all forms of exploitation, violence and abuse.
32. The Committee recommends that the State party:
(a) Take all steps necessary to raise awareness about measures to protect persons with disabilities from exploitation, violence and abuse, and adopt a comprehensive strategy to prevent exploitation, violence and abuse of persons with disabilities, especially women and girls with disabilities, including older women, persons with psychosocial and/or intellectual disabilities and persons with disabilities who are still institutionalized, and ensure that persons with disabilities have information about how to avoid, recognize and report cases and that persons with disabilities who are victims of exploitation, violence or abuse have access to independent complaints mechanisms and appropriate remedies, such as redress and adequate compensation, including rehabilitation;
(b) Ensure that services for women and girls with disabilities who are victims of gender-based violence, including support centres and emergency shelters, are accessible physically and in terms of information and communication, and that the required support is provided;
(c) Ensure that fast track courts, gender-based violence centres and other institutions implementing programmes to address gender-based violence are fully accessible to persons with disabilities in terms of the built environment, information and communications technologies and training of staff;
(d) Take effective measures to ensure that children with disabilities are adequately protected from bullying, exploitation, violence and abuse in schools and care institutions, and that perpetrators are punished;
(e) Take specific legal, political and administrative measures to protect persons with albinism and to punish those who seek to exploit and abuse them;
(f) Provide continuous training for the families of persons with disabilities and for their supporters or caregivers, health professionals and law enforcement officers to enable them to recognize all forms of exploitation, violence and abuse and to better communicate and work with persons with disabilities who are victims of violence.
Protecting the integrity of the person (art. 17)
33.The Committee is concerned at:
(a)The use of forced electroconvulsive therapy within the treatment methods for persons with psychosocial disabilities;
(b)The lack of specific provisions to prohibit forced sterilization of and abortions performed on women and girls with disabilities, in particular women and girls with intellectual disabilities and/or cerebral palsy;
(c)Attacks and violations of the physical integrity of persons with albinism.
34. The Committee recommends that the State party:
(a) Adopt and implement legislative and policy measures to ensure the protection of the integrity of persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, in all situations, and to ensure that medical interventions and treatment are carried out only with the free and informed consent of the persons with disabilities themselves;
(b) Put in place measures to specifically prohibit forced sterilization of and abortions performed on women and girls with disabilities, in particular women and girls with intellectual disabilities and/or cerebral palsy;
(c) Take all measures necessary to protect the integrity of persons with albinism and adopt the Plan of Action to End Attacks and Other Human Rights Violations Targeting Persons with Albinism in Africa (2021–2031).
Liberty of movement and nationality (art. 18)
35.The Committee notes with concern that some children with disabilities are still not registered at birth. It is also concerned that persons with disabilities, including migrants with disabilities, still face barriers in obtaining birth certificates, nationality certificates and identity cards owing to the lack of accessibility of services and the lack of awareness among the population about the need to register.
36. The Committee recommends that the State party:
(a) Increase its efforts to raise awareness among parents and the general public of the importance of birth registration for their children, including children with disabilities, and organize regular campaigns to issue birth certificates and identity documents, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations;
(b) Take appropriate measures to eliminate all obstacles that prevent persons with disabilities, including those living in remote and rural areas, from enjoying their rights to a nationality, birth registration and civil status documents, in order to enable them to exercise all the rights enshrined in the Convention;
(c) Put in place in national programmes measures to take account of the situation of migrants with disabilities and to provide them with the documents necessary to enable them to enjoy freedom of movement.
Living independently and being included in the community (art. 19)
37.The Committee notes with appreciation the information provided by the State party’s delegation that national guidelines on community-based inclusive development, with a focus on the needs of persons with disabilities, are at the final stage of development. However, it notes with concern:
(a)The continued institutionalization of persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, in psychiatric institutions and the fact that persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, face stigma, negative attitudes, insults, threats and physical assault, exploitation and ill-treatment in the community, including by family members, the police and traditional healers, which undermines their right to live in the community;
(b)The lack of efforts, including budgetary and other measures, made to ensure the inclusion of persons with disabilities in the community, such as the provision of all necessary support services, including personal assistance services, and the lack of awareness in society and among public authorities of the right of persons with disabilities to live independently and be included in the community, their right to choose where and with whom to live and their right not to be obliged to live in a particular living arrangement;
(c)The absence of a deinstitutionalization strategy for persons with psychosocial disabilities who are in psychiatric institutions;
(d)That persons with disabilities who participated in resettlement programmes under the Department of Resettlement have been entitled to land in remote areas far from their previous dwelling, with limited access to infrastructure such as water, electricity, roads, schools and health services.
38. The Committee recalls its general comment No. 5 (2017) on living independently and being included in the community and its guidelines on deinstitutionalization, including in emergencies, and recommends that the State party:
(a) Finalize and adopt, as a matter of priority, the national guidelines on community-based inclusive development and allocate sufficient resources to roll out the State programme on community-based inclusive development at the national and local levels, including in rural and remote areas;
(b) Raise awareness among communities and society in general about the rights of persons with disabilities, take measures to combat stigma and negative attitudes in communities and punish perpetrators, commence without delay the deinstitutionalization of persons with disabilities who are still in residential settings and increase the availability of community-based services;
(c) Review national legislation and policies, including the Persons with Disabilities Act of 2012 and the National Disability Policy of 2015, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, to bring them into full conformity with the Convention and ensure that they include sufficient budgetary and other measures, as well as awareness-raising activities to promote understanding of the right to choice and self ‑ determination of persons with disabilities concerning their living arrangements, the right not to be obliged to live in a particular living arrangement, and the value of inclusion in, as opposed to segregation from, the community;
(d) Develop a strategy and an action plan in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, for the process of deinstitutionalization of persons with psychosocial disabilities in psychiatric institutions and ensure that community-based services are available and focus on enabling persons to live independently and to participate in the community;
(e) Ensure that the land plots provided to persons with disabilities under the resettlement programmes are accessible to persons with disabilities and have the infrastructure necessary to enable persons with disabilities to live independently and to participate in the community.
Personal mobility (art. 20)
39.The Committee is concerned:
(a)At the lack of adequate funding for the Zambia Agency for Persons with Disabilities, which prevents it from fulfilling its mandate to supply the mobility aids and other assistive devices required by persons with disabilities, particularly in rural areas;
(b)That there is a limited number of professionals and teachers able to train persons with disabilities in the use of the available devices and equipment;
(c)That only vehicles that arrive fully adapted for use by persons with disabilities and that can be driven by the importing persons with disabilities can be imported duty-free, limiting this benefit to those who can drive themselves.
40. The Committee recommends that the State party:
(a) Take the measures necessary, in cooperation with relevant national and international actors, to facilitate access for all persons with disabilities to quality mobility aids, devices and assistive technologies at an affordable cost, particularly in rural areas, and to provide the Zambia Agency for Persons with Disabilities with sufficient financial resources to enable it to fulfil its mandate;
(b) Train and deploy adequate numbers of orientation and mobility instructors for persons with disabilities;
(c) Ensure the affordability of vehicles and assistive devices, including by applying incentives and tax and customs exemptions for the purchase of assistive equipment and devices for persons with disabilities, provide fiscal and capacity support for local enterprises that can manufacture aids for the local market at affordable prices and are interested in doing so, and review taxation laws to allow tax exemption for vehicles for use by persons with all categories of disabilities, irrespective of whether they can drive themselves.
Freedom of expression and opinion, and access to information (art. 21)
41.The Committee notes the State party’s efforts to develop a sign language dictionary. However, it is concerned:
(a)That the national sign language is not yet recognized as an official language;
(b)About the insufficient provision of information in accessible formats and of information and communications technologies, such as Easy Read, plain language, captioning, sign language, Braille, audio description, and tactile, augmentative and alternative means of communication, in both public and private media outlets, in particular on websites that provide public information, and the lack of access to information and communications technologies for persons with disabilities;
(c)The insufficient number of accessible private and public websites and the lack of captioning and sign language and of audio description on television for deaf, blind, deafblind and partially sighted persons.
42. The Committee recommends that the State party:
(a) Recognize the national sign language as an official language;
(b) Take all measures necessary, including legislative and policy measures, to ensure the accessibility of all public information, including television and media services, for all persons with disabilities in accessible communication formats such as Braille, deafblind interpretation, sign language, Easy Read, plain language, audio description, captioning and subtitles by allocating adequate funding for its development, promotion and use, and ensure access to information and communications technologies that are appropriate for the diversity of persons with disabilities, including in rural and remote areas;
(c) Adopt and implement legislative and policy measures aimed at ensuring that television stations provide their programmes in accessible formats, including captioning, sign language and audio description for deaf, blind, deafblind and partially sighted persons, and ensure that public and private websites are made accessible;
(d) In close consultation with and with the active involvement of persons with disabilities, through their representative organizations, provide financial resources for the training of qualified sign language interpreters , including relevant professionals in the use of tactile, Braille and Easy Read formats, and develop a pool of qualified sign language interpreters and professionals trained in the use of tactile, Braille and Easy Read formats.
Respect for privacy (art. 22)
43.The Committee notes with concern the absence of provisions to protect the privacy of persons with disabilities from the Persons with Disabilities Act, other legislation and the National Disability Policy.
44. The Committee recommends that the State party amend its national legislation to introduce legal provisions to protect the privacy of all persons with disabilities in all situations, in line with the Convention.
Respect for home and the family (art. 23)
45.The Committee is concerned:
(a)That persons with disabilities, particularly women with disabilities, are often deprived of their right to marry, to sexual expression, to exercise their choice concerning relationships and of their family and parenting rights owing to discriminatory and negative perceptions in society;
(b)About the discriminatory provisions of the Marriage Act with regard to the home and the family, in particular article 17;
(c)At the absence of information in accessible formats on the sexual and reproductive rights and health of persons with disabilities, particularly women and girls with disabilities;
(d)At the lack of sufficient support for children with disabilities and their families and for parents with disabilities to carry out their parental responsibilities, and the risk for children with disabilities of being separated from their parents.
46. The Committee recommends that the State party:
(a) Raise awareness in society of the rights of persons with disabilities with respect to sexual expression, choice of relationships, family and parenthood, and remove all obstacles preventing persons with disabilities, in particular women with disabilities and persons with intellectual and/or psychosocial disabilities, from exercising their rights on an equal basis with others;
(b) Amend the Marriage Act to repeal the discriminatory provisions therein and include assisted decision-making in marriages, family planning and other rights for persons with disabilities;
(c) Adopt programmes and policies to provide persons with disabilities, including persons with disabilities living in rural and remote areas, with family planning education in accessible formats and age-appropriate information on sexual and reproductive health;
(d) Adopt legislative and policy measures to ensure support for families of children with disabilities and for parents with disabilities, including those in rural areas, to enable them to raise their children in the family setting.
Education (art. 24)
47.The Committee is concerned that children with disabilities are often excluded from the general education system. It is particularly concerned about:
(a) The fact that the national inclusive education policy does not cover all types of disabilities and that segregated education for children with disabilities continues to be provided alongside inclusive education, in the absence of a time frame for full transition;
(b)Children with albinism are placed in special schools for blind students and are taught Braille;
(c)Barriers to inclusive education, including discriminatory attitudes towards children with disabilities that prevent them from enrolling in education, resistance on the part of teachers, the school community and families, the inaccessibility of school premises, the low number of trained personnel, the inadequacy of teaching materials, the lack of water and sanitation, the long distances that must be covered to access schools and the inadequate road infrastructure, the insufficient number of teachers proficient in sign language, the inadequate material and financial resources and the lack of reasonable accommodation for children with disabilities, in particular students with intellectual disabilities, autism, blindness and deaf‑blindness;
(d)The lack of systematic data, disaggregated by sex and type of impairment, on the number and proportion of children with disabilities in mainstream schools receiving individualized support and on the enrolment and dropout rates of children with disabilities, and the lack of a multisectoral evaluation system for learners with disabilities, which results in incorrect evaluations.
48. Recalling its general comment No. 4 (2016) on the right to inclusive education and target 4.5 of the Sustainable Development Goals, the Committee recommends that the State party :
(a) Implement the national inclusive education policy and ensure the full adoption of quality inclusive education and the transition from special schools to inclusive mainstream education with a fixed time frame;
(b) Ensure that children with albinism are not placed by default in segregated schools for blind students, are not obliged to learn Braille and are provided with the support they need and with reasonable accommodation within mainstream educational settings;
(c)Address the barriers and challenges that have prevented a meaningful transition from special education to inclusive mainstream education, raise awareness of the right to inclusive education and enforce the Persons with Disabilities Act and the national inclusive education policy;
(d) Take practical steps towards modifying the infrastructure in all learning institutions and ensure that new buildings meet the required standards of universal design to make them accessible to learners with disabilities and that reasonable accommodation is provided as required;
(e) Promote and implement an optimal multisectoral evaluation system for students with disabilities and provide for it in the legal system;
(f) Scale up efforts to implement the inclusive education policy, including by allocating adequate financial resources to enable children with disabilities to enjoy their right to education fully, on an equal basis with others, and by raising awareness of the 10 per cent of bursary places available to students with disabilities in higher education;
(g) Establish an effective programme for training teachers on inclusive education, including sign language, Braille and Easy Read skills;
(h) Provide students with disabilities with assistive compensatory aids and learning materials in alternative and accessible formats, such as inclusive digital access, and modes and means of communication, including Easy Read, communication aids and assistive and information technologies;
(i) Provide disaggregated data on the number of children with disabilities who have entered the mainstream school environment and been given adequate teaching support .
Health (art. 25)
49.The Committee is concerned at:
(a)The limited access of persons with disabilities, in particular women and girls with disabilities and persons with intellectual and/or psychosocial disabilities, to sexual and reproductive health-care services and to awareness-raising programmes on HIV/AIDS;
(b)The insufficiency of community-based mental health services for persons with disabilities as part of general health services;
(c)The lack of availability of medication and protective items, including sunscreen and sunglasses, for persons with albinism across health services;
(d)The lack of training for medical professionals on the rights of persons with disabilities.
50. Taking into account the links between article 25 of the Convention and targets 3.7 and 3.8 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Provide persons with disabilities, in particular women and girls with disabilities, with access to sexual and reproductive health care and services, including awareness-raising on HIV/AIDS, and ensure the provision of supported decision ‑ making for women with intellectual and/or psychosocial disabilities so they can reaffirm their sexual and reproductive autonomy and self-determination ;
(b) Ensure the availability of community-based mental health services and allocate adequate resources for the provision of good quality mental health-care facilities and services;
(c) Take appropriate measures to address the challenges of ensuring adequate health services for persons with albinism that meet their health needs, including the provision of sunglasses and appropriate sunscreen as an essential product for the prevention of skin cancer;
(d) Provide training for health-care professionals on the rights of persons with disabilities, including on the relevant skills, support measures and information and communication means and methods, providing information in accessible formats, including Braille, sign language and Easy Read, for persons with disabilities, particularly persons with intellectual and/or psychosocial disabilities and women and girls with disabilities, and ensuring the physical accessibility of health facilities and equipment.
Habilitation and rehabilitation (art. 26)
51.The Committee is concerned at:
(a)The lack of rehabilitation services for persons with disabilities and the lack of rehabilitation equipment, health education and sanitation, particularly in rural areas;
(b)The delay in the development of the community-based inclusive development policy.
52. The Committee recommends that the State party:
(a) Ensure that all major hospitals, particularly in rural areas, are equipped and provided with adequate resources to provide habilitation and rehabilitation services to persons with disabilities;
(b) Accelerate the finalization of the national community-based inclusive development policy, including a mechanism to monitor its implementation, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations.
Work and employment (art. 27)
53.The Committee notes with concern:
(a)Barriers to employment of persons with disabilities, such as low levels of education, poor skills training, discrimination in recruitment processes and employment conditions and a lack of reasonable accommodation in places of employment;
(b)The lack of enforcement mechanisms of the Persons with Disabilities Act of 2012 and National Disability Policy of 2015 on employment quotas for persons with disabilities.
54. Recalling its general comment No. 8 (2022) on the right of persons with disabilities to work and employment, the Committee recommends that the State party, in line with target 8.5 of the Sustainable Development Goals:
(a) Address the lack of access to education and skills training, take measures to combat discriminatory attitudes and practices among employers and inaccessible workplaces, which affect the employment and employability of persons with disabilities, and encourage other sectors besides the education sector to offer persons with disabilities apprenticeship and employment opportunities;
(b) Develop mechanisms to enforce the provisions of the Persons with Disabilities Act of 2012 and the National Disability Policy of 2015 on employment quotas for persons with disabilities to ensure that persons with disabilities have access to work and employment in the open labour market and are included in private and public work environments, on an equal basis with others;
(c) Raise awareness of all the incentives that are available aimed at promoting the employment of persons with disabilities, combating discrimination in recruitment processes and employment conditions and providing reasonable accommodation for persons with disabilities in places of employment .
Adequate standard of living and social protection (art. 28)
55.The Committee notes with concern:
(a)The low number of persons with disabilities covered by the cash transfer programme, the high number of persons with disabilities living in poverty and the absence of a comprehensive social protection system guaranteeing them and their families access to an adequate standard of living, including the resources to cover the expenses relating to disability;
(b)That the National Trust Fund for Persons with Disabilities, which provides loans to persons with disabilities, and the Zambia Agency for Persons with Disabilities, which is responsible for empowering individuals and groups of persons with disabilities, lack the funding and capacity to provide sustainable support to persons with disabilities.
56. Recalling the links between article 28 of the Convention and target 10.2 of the Sustainable Development Goals, which seek to empower and to promote the economic inclusion of all persons, irrespective of disability status, the Committee recommends that the State party:
(a) Develop a mechanism for social protection based on the human rights model for all types of disabilities and in accordance with the various requirements of all persons with disabilities, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations;
(b) Develop a universal social protection scheme to ensure that persons with disabilities have an adequate standard of living, including programmes and initiatives to increase access to safe and affordable drinking water and sanitation, including in rural and remote areas;
(c) Allocate adequate financial, human and technical resources to the National Trust Fund for Persons with Disabilities and the Zambia Agency for Persons with Disabilities to enable them to implement their mandates effectively;
(d) Extend the cash transfer programme to all persons with disabilities who do not have any other income and empower persons with disabilities to live independently in a sustainable fashion.
Participation in political and public life (art. 29)
57.The Committee notes with concern:
(a)That sections 70 (2) (d), 116 (3) (f) and 157 (2) (f) of the Constitution prevent persons with physical and intellectual disabilities from standing for elections or being appointed to some positions, and that discrimination persists in practice for persons with disabilities;
(b)That the electoral process is not accessible to and inclusive of persons with disabilities, particularly in remote and rural areas;
(c)The low level of representation of women with disabilities in decision-making positions and in elected and appointed political bodies in rural and urban areas.
58. The Committee recommends that the State party:
(a) Repeal or amend all laws and policies that restrict or deny persons with disabilities, particularly persons with intellectual and/or psychosocial disabilities, the right to vote and stand for elections, and ensure their full participation in electoral processes and in political and public life;
(b) Take all measures to establish a constitutional right to vote for all persons with disabilities and amend all electoral laws to ensure access to the electoral system as voters and candidates for all persons with disabilities, including persons with physical and intellectual disabilities and persons who are deaf, and adopt effective measures to ensure the accessibility of the voting environment, including the physical environment and provision of electoral materials and information in accessible formats for all persons with disabilities;
(c) Take specific measures to increase the representation of women with disabilities in public life, decision-making positions and in elected political bodies in rural and urban areas.
Participation in cultural life, recreation, leisure and sport (art. 30)
59.The Committee is concerned:
(a)That section 48 of the Persons with Disabilities Act of 2012, which provides that persons with disabilities should enjoy the right to participate in cultural life, recreation, leisure and sport, has not been enforced;
(b)That recreational, cultural and sports spaces are not accessible to persons with all types of disabilities in urban and rural areas;
(c)At the lack of support and promotion of programmes for the involvement and participation of persons with disabilities in culture and art;
(d)That the State party has not yet ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
60. The Committee recommends that the State party:
(a) Enforce the Persons with Disabilities Act to ensure that all public buildings, including cultural, recreation, leisure and sporting facilities, provide for accessibility and other accommodations, including assistive devices, to facilitate private and independent enjoyment of the right of persons with disabilities to cultural life, recreation, leisure and sports;
(b) Allocate resources and establish programmes for the development of accessible recreation, art and leisure spaces in both rural and urban areas for persons with all types of disabilities and make the existing sports and recreation infrastructure accessible to all persons with disabilities;
(c) Allocate adequate resources to the Paralympic Committee to ensure effective development and participation of persons with disabilities in sport and encourage those who choose to pursue arts and sport, supporting them with all the devices and equipment necessary to have meaningful careers in art and sport;
(d) Ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled and implement it in national law.
C.Specific obligations (arts. 31–33)
Statistics and data collection (art. 31)
61.The Committee is concerned:
(a)That persons with disabilities were neither involved nor consulted in the 2022 National Census;
(b)At the limited disaggregated data relating to persons with disabilities, including challenges encountered in accessing education, health, recreation, leisure and sports facilities and services at all levels, including employment opportunities, and linkages between the incidence of disability and the risk of poverty and actual hardship;
(c)At the absence of data on some categories of persons with disabilities, such as persons who are deafblind, and that the statistical information disseminated among persons with disabilities is not in an accessible format.
62. The Committee recommends that the State party adhere to the Convention in its efforts to achieve Goal 17 of the Sustainable Development Goals, in particular target 17.18 to increase significantly the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts, and that in particular, the State party:
(a) Meaningfully consult and actively involve persons with disabilities, through their representative organizations, in its efforts to increase the collection of data and statistics on disability;
(b) Develop nationally consistent data - collection measures and public reporting of disaggregated data across the full range of obligations contained in the Convention and adequately train census enumerators and other officials in the use of the Washington Group short set of questions on functioning;
(c) Take steps to collect data on categories of persons with disabilities who are excluded, such as persons who are deafblind, in all future censuses and housing surveys and ensure that such data are available in Braille, sign language, Easy Read and electronic formats, including for persons with disabilities in rural and remote areas.
International cooperation (art. 32)
63.The Committee notes with concern:
(a)The lack of efforts and long-term strategies to seek and engage cooperation partners to ensure the rights of persons with disabilities, raised through human rights mechanisms, including the universal periodic review;
(b)The low priority accorded to planning, programming and funding of programmes and activities relating to promoting and protecting the rights of persons with disabilities in international cooperation;
(c)The insufficient consultation and inclusion of organizations of persons with disabilities, in particular organizations of women with disabilities, as development cooperation partners, in the design and implementation of international agreements and programmes.
64. The Committee recommends that the State party adopt concrete measures to ensure effective participation, inclusion and consultation of persons with disabilities, through their representative organizations, in international cooperation agreements and programmes, specifically in the monitoring of the 2030 Agenda for Sustainable Development. It also recommends that the State party adopt the measures necessary to ratify the Protocol to the African Charter on Human and Peoples ’ Rights on the Rights of Persons with Disabilities in Africa, adopted in 2018 by the African Commission on Human and Peoples ’ Rights .
National implementation and monitoring (art. 33)
65.The Committee notes with appreciation that the Human Rights Commission of Zambia was reviewed in 2018 and once again accredited with A status by the Global Alliance of National Human Rights Institutions. However, it notes with concern:
(a)The lack of formal recognition of the role of the national human rights institution in monitoring implementation of the Convention;
(b)The insufficient human, technical and financial resources provided to focal points to enable them to fulfil their responsibilities and the lack of coordination between the focal points and the Zambia Agency for Persons with Disabilities;
(c)That persons with disabilities have not been adequately involved, through their representative organizations, in the implementation and monitoring of the Convention.
66. The Committee recommends that the State party:
(a) Implement the recommendations of the Global Alliance of National Human Rights Institutions Sub-Committee on Accreditation to ensure that the Human Rights Commission of Zambia functions effectively and independently and discharges its mandate in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). The Committee also recommends that the State party designate the Human Rights Commission of Zambia as the national monitoring mechanism for the implementation of the Convention. The Committee further recommends that the State party ensure the full involvement and participation of persons with disabilities, especially women with disabilities, and their representative organizations in the monitoring of the implementation of the Convention, including by providing the necessary funding;
(b) Build the capacity of focal points and equip them with sufficient powers and increased human, technical and financial resources to fulfil their responsibilities under article 33 of the Convention, and enhance coordination between focal points and the Zambia Agency for Persons with Disabilities;
(c) Take measures to ensure that persons with disabilities, including women and girls with disabilities, are meaningfully involved in the monitoring of the implementation of the Convention through their representative organizations.
IV.Follow-up
Dissemination of information
67. The Committee emphasizes the importance of all the recommendations contained in the present concluding observations. With regard to urgent measures that must be taken, the Committee would like to draw the State party ’ s attention to the recommendations contained in paragraphs 16, on awareness-raising, 20, on the right to life, and 40, on personal mobility.
68. The Committee requests the State party to implement the recommendations contained in the present concluding observations. It recommends that the State party transmit the concluding observations for consideration and action to members of the Government and parliament, officials in relevant ministries, local authorities and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media, using modern social communication strategies.
69. The Committee strongly encourages the State party to involve civil society organizations, in particular organizations of persons with disabilities, in the preparation of its periodic report.
70. The Committee requests the State party to disseminate the present concluding observations widely, including to non-governmental organizations and organizations of persons with disabilities, and to persons with disabilities themselves and members of their families, in national and minority languages, including sign language, and in accessible formats, including Easy Read, and to make them available on the government website on human rights.
Next periodic report
71. The Committee requests the State party to submit its combined second to sixth periodic reports by 1 March 2032 and to include in them information on the implementation of the recommendations made in the present concluding observations. The Committee also requests the State party to consider submitting the above ‑ mentioned reports under the Committee ’ s simplified reporting procedure, according to which the Committee prepares a list of issues at least one year prior to the due date set for the report of a State party. The replies of a State party to such a list of issues constitute its report.