By JAMES KUNDA –
THE final Draft Constitution released to Parliament has guaranteed freedom and independence of the media.
According to part five, sub-section 36 (2), the State shall not control or interfere with any person engaged in broadcasting or production and circulation of publications and dissemination of information through any media.
The clause enshrined under the Bill of Rights further states that the State may license broadcasting and other electronic media and, where necessary, regulate signals and signal distribution.
“The public media shall in turn independently determine the editorial content of their broadcasts or communications and afford fair opportunity for the presentation of divergent views and dissenting opinions,” reads the clause.
Sub-section 35 (1) of the Draft Constitution provides that a person has the right of access to information held by the State or another person, which is lawfully required for the exercise or protection of a right to freedom.
Part two of the same clause states that a person has every right to demand the correction of false or misleading information recorded or published about that person.
“The State shall proactively publicise information that is in the public interest or affects the welfare of the nation,” reads part three of the clause.
In sub-section 38 (1), the Draft Constitution has proposed that a person maintains the right to freedom of association, which includes the right to form, join or participate in the activities of an association. Clause (2) of this section holds that a person shall not be compelled
to join any association.
“A person has the right, peacefully and unarmed, to assemble, demonstrate or picket and present petitions to State organs and State institutions,” reads sub-section 39 of the document.
Sub-section 40 of the draft law states that a person has the right to freedom of movement, which includes the right as a citizen to hold a passport as enshrined in clause (a).
Clause (b) states that a person will enjoy his/her right to enter, remain, leave and reside anywhere in Zambia, subject to the imposition of restrictions on the entry, movement or residence of persons who are not citizens, as prescribed.
In sub-section 64 (a), the Draft Constitution provides that people with disabilities are entitled to education and facilities that integrate them into society.