In Zambia, on April 30, Justice Annel Silungwe, chairman of the Technical Committee on Drafting the Zambian Constitution released for public comment the first draft (full text) of a new Zambian Constitution. The draft Constitution includes unusually long provisions on freedom of religion. The 320 article document begins with the following:
WE, THE PEOPLE OF ZAMBIA, IN EXERCISE OF OUR CONSTITUENT POWER:
ACKNOWLEDGE the supremacy of God Almighty;
DECLARE the Republic a Christian Nation, but uphold the right of every person to enjoy that person’s freedom of conscience or religion;
UPHOLD the human rights and fundamental freedoms of every person and recognise the equal worth of different communities in our Nation;Article 35 of the draft then provides:
35. (1) A person has the right to freedom of conscience, religion, thought, belief and opinion.
(2) A person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, observance, practice or teaching.
(3) Clause (2) does not extend to- (a) anti-Christian teaching and practice; (b) propaganda to incite religious wars; and (c) any conduct that infringes the enjoyment of religious freedoms by others.
(4) A religious community shall be entitled, at its own expense, to establish, maintain and manage educational institutions, facilities and programmes for, and to provide religious instruction to, members of that community.
(5) Religious observance and instruction may be conducted at State or State-aided institutions as long as -
(a) the facilities for that religious observance and instruction at that institution are made available on an equitable basis, having regard to the beliefs of the population served by that institution; and
(b) attendance, observance or instruction is voluntary.
(6) A person shall not be deprived of access to any institution, employment or facility, or the enjoyment of any right or freedom because of that individual’s religious beliefs.
(7) A person shall not be compelled –Voice of America reports on other aspects of the new draft.
(a) to take an oath that is contrary to that individual’s religion or belief or that involves expressing a belief that the individual does not hold;
(b) to take an oath in a manner that is contrary to that individual’s religion or belief;
(c) to receive instruction in a religion that is not that individual’s religion or to attend a ceremony or observance of that religion;
(d) by a public body or public officer to disclose that individual’s religious conviction or belief; or
(e) to do any other act that is contrary to that individual’s religion or belief.
