EXTERNAL (for general distribution)AI Index: AFR 63/01/93

Distr: UA/SC

UA 64/93Legal concern9 March 1993

ZAMBIA:

Bweendo Mulengela

Bonnie Tembo

Peter Lishika

Christopher Muyoka

Wezi Kaunda

Steven Moyo

Rabson Chongo

Stan Mutanga

McPherson Mbulo

William Banda

Rupiya Banda

Sianda Ilukena

Cuthbert Nguni

Henry Kamima

Philemon Lwabila

Peter Mwanza

Stanley Mhango

Ackim Zimba

Amnesty International is concerned at the detention without charge or trial in Zambia of the above 18 members of the United National Independence Party (UNIP) which took place on 5 and 7 March 1993. The 18 appear to be prisoners of conscience and Amnesty International is urging the government to release them if they are not to be promptly charged with a recognizably criminal offence.

The detainees are being held under the Preservation of Public Security Regulations which provide for indefinite administrative detention without charge or trial. This legislation can only be invoked following the declaration of a State of Emergency, which took place on 4 March 1993.

Amnesty International, however, opposes the use of powers of indefinite detention without charge or trial, considering that if suspected of committing offences prisoners should be referred to a fair trial within a reasonable period.

This is the first time the government, formed by the Movement for Multi-Party Democracy (MMD) led by President Frederick Chiluba, has introduced a State of Emergency and detained political opponents since coming to power in multi-party elections in October 1991. The previous government, formed by UNIP, maintained a State of Emergency throughout its 27 year rule and used it justify the detention of government critics and political opponents. When in opposition the MMD campaigned for human rights improvements and condemned UNIP's use of emergency regulations.

The 18 detainees are being held in various police stations in different parts of the country where they are reported to be under interrogation by military officials. One, Weze Kaunda, son of former UNIP leader and Zambian President Kenneth Kaunda, is reported to have started a hunger-strike on 5 March.

BACKGROUND INFORMATION

The government claims to have discovered a UNIP plot to make the country ungovernable through an orchestrated campaign of civil disobedience. The evidence so far made public by the government is a document entitled The Zero Option which was discovered in UNIP headquarters in Lusaka. The UNIP leadership has denied that the document was party policy. The authorities claim to have subsequently uncovered a second document which gives details of a coup plot.

The MMD government has implemented a structural adjustment program under International Monetary Fund guidelines. Unemployment has risen sharply and there have been widespread strikes. Government policies are increasingly unpopular, especially among the poor.

Page 2 of UA 64/93

RECOMMENDED ACTION: Please send telegrams/telexes/airmail letters either in English or in your own language:

- expressing concern at the detention without charge or trial of the 18 United National Independence Party (UNIP) members named above (please select two or three names from the list as examples) who Amnesty International believes may be prisoners of conscience detained for their non-violent opposition to the government;

- expressing Amnesty International's opposition to administrative detention procedures which provide for indefinite detention without charge or trial;

- expressing Amnesty International's particular concern that the government has resorted to the use of administrative detention procedures despite its former opposition to their use by the previous government;

- urging that the 18 detainees be released if they are not to be charged with a recognisably criminal offence and brought promptly to a fair trial.

APPEALS TO:

1) His Excellency Frederick Chiluba

President of the Republic of Zambia

Office of the President

State House, PO Box 30208

Lusaka, Zambia

Telegrams: President Chiluba, Lusaka, Zambia

Telexes: 41998 or 41460

Salutation:Your Excellency

2) The Hon. Newstead Zimba

Minister of Home Affairs

Ministry of Home Affairs

PO Box 32862, Lusaka, Zambia

Telegrams: Hon. Newstead Zimba, Minister of Home Affairs, Lusaka, Zambia

Telexes: 40344

Salutation:Dear Minister

3) The Hon. Vernon Mwaanga

Minister of Foreign Affairs

Ministry of Foreign Affairs

Charter House, PO Box 50069

Lusaka, Zambia

Telegrams: Hon. Vernon Mwaanga, Minister of Foreign Affairs, Lusaka, Zambia

Telexes: 41290

Salutation: Dear Minister

4) The Hon. Dr Roger Chongwe

Minister of Legal Affairs Ministry of Legal Affairs PO Box 50106

Fairley Rd, Lusaka, Zambia

Telegrams: Hon. Dr Roger Chongwe, Minister of Legal Affairs, Lusaka, Zambia

Telexes: 40564

Salutation: Dear Minister

COPIES OF YOUR APPEALS TO the following newspapers:

The Editor

Weekly Post

Private Bag EF 352

Lusaka, Zambia

The Editor

The Times of Zambia

PO Box 30394

Lusaka, Zambiaand to diplomatic representatives of Zambia accredited to your country

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 20 April 1993.