Legal framework on freedom of religion and actual application
Article 19 of Zambia’s Constitution enshrines freedom of religion. This includes the right to change religion, to express it publicly and propagate it. In 1996, the Preamble was changed to recognise Zambia as a Christian nation. Even though this makes Zambia a confessional state, the Constitution guarantees freedom of conscience and belief (Article 19) and protects non-Christians, who still have the right to follow their religion. No laws in the country curtail religious freedom.
People are free to convert to the faith of their choice. Churches can openly evangelise, build places of worship, carry out pastoral and catechetical work and raise funds at home and abroad. Zambian legislation bans discrimination in the workplace, including on the basis of religion.
Religious instruction is mandatory from Grades 1 to 9, with the curriculum centred on Christianity but including elements of other religions. Under Article 19 (3) of the Constitution, religious groups can provide their own religious education and run their own schools.
The Ministry of National Guidance and Religious Affairs (MNGRA), which was authorised to supervise religious affairs and promote Christian values, was abolished in September 2021.
Religious groups, which must register with the Office of the Registrar of Societies in the Ministry of Home Affairs and Internal Security, are obliged to join umbrella organisations. This places each Church or denomination under a single administrative entity commonly known as “mother bodies”. There are seven Christian and seven non-Christian such bodies. The largest Christian administrative entity includes: the Zambian Catholic Conference of Bishops (ZCCB), the Council of Churches in Zambia (CCZ), and the Evangelical Fellowship of Zambia (EFZ). Under Article 8 of the Societies Act, the Registrar can revoke registration if a religious group fails to pay its fees or finds that the group has, or intends to take, any action that runs counter to the interests of “peace, welfare, or good order”. The clergy is also required to receive formal training.
Religious groups can also obtain tax exemptions, which normally apply to “public benefit” organisations, including those affiliated with religious groups.
After Christians and ethno-religionists, Bahá’ís are Zambia’s largest religious community. The country is also home to a small Muslim community, centred mostly in Lusaka and the Eastern and Copperbelt provinces, both naturalised immigrants (from South Asia, Somalia, and the Middle East) and some native-born Zambians. There are also about 10,000 Hindus, mostly of South Asian origin.
Incidents and Developments
Zambian society is traditionally tolerant in religious matters. During the period covered by this report, the government has generally respected religious freedom and the few violations of this right reveal that, societally too, this right is respected.
In February 2021, the government of President Edgar Lungu made 25 million Kwacha ($1.5 million) available as an “empowerment fund”, a COVID-19 support package for churches, religious and faith-based organisations. Godfridah Sumaili, the Minister of National Guidance and Religious Affairs, stated: “The funds will support already existing charity programmes which have severely been affected among other empowerment schemes.” In a formal letter to fellow bishops, Bishop George Lungu, President of the Zambia Conference of Catholic Bishops (ZCCB), responded that the ZCCB would respectively decline receiving the empowerment funds. The bishop explained, “the Church prefers to see the same money being channelled to other needy areas such as debt servicing, paying retirees and workers […] and for government to channel the resources to the health sector to procure personal protective equipment, essential drugs and deploying more staff at Chipata City Council who have stayed for nine months without salaries.”
On 12 August 2021, following an increase in violence and a government crackdown against opposition protesters, 11 of Zambia’s Catholic bishops led by conference president Archbishop Ignatius Chama of Kasama, called for peaceful and fair elections. The bishops called on the populace to support the country’s political philosophy of “One Zambia, One Nation,” to work for the good of the nation and to prevent politically affiliated bloodshed.
On 16 August 2021, opposition leader Hakainde Hichilema won an upset victory over the incumbent Edgar Lungu in Zambia’s presidential election. Outgoing Archbishop Telesphore Mpundu called on the incoming government to deliver on campaign promises stating: “When people speak, it’s God speaking. The voice of the people is God’s voice – don’t disregard it”. President Hichilema praised the role of the Catholic Church in the country, describing it as “a beacon of hope”, and highlighting its role in “areas of education, health and the promotion of democracy and good governance in Zambia”, and as an advocate of social justice.
In September 2021, President Hakainde Hichilema abolished the Ministry of National Guidance and Religious Affairs and placed its functions under the Office of the Vice President. The decision was greeted with consternation by some, and relief by others. The Council of Pastors and Prophets (CPP) spokesperson Bernard Katongo commended the decision stating the Ministry had enabled “a lot of bogus clergy persons set up a lot of churches without physical structures to engage in bogus activities to hoodwink unsuspecting followers with fake miracles”. The Independent Churches of Zambia president, David Masupa, stated: “We know that the ministry may be regarded irrelevant by the new government but it’s not. For the country to achieve zero tolerance to corruption, there has to be some inculcation of moral values in people”.
On 18 October 2021, President Hichilema “reaffirmed the importance of declaring Zambia as a Christian nation”; the President said, “the declaration cannot be compromised as it makes the Zambian people who they are”.
On 19 February 2022, the government announced it would introduce to Parliament amendments to Section 6 of the Penal Code which, among other provisions, would remove the criminalization of abortions and bigamy. The proposals were tabled by the Zambia Law Development Commission. The Council Churches of Zambia (CCZ) opposed the changes saying to repeal section 166 of the penal code that prohibits bigamy and regulates access to abortion for pregnant women is a contradiction to Zambia’s Christian nation status.
In February 2022, the President met with Pope Francis in the Vatican, where the contributions of the Church to the country were also discussed, as was access to COVID-19 vaccines.
In May 2022, the President submitted a bill to parliament to end the death penalty and commuted the sentences of 30 prisoners on death row.
Prospects for freedom of religion
Notwithstanding international pressure on Zambia’s traditional religious and cultural heritage, the right to religious freedom is respected in Zambia, and this is likely to continue into the foreseeable future.
Zambia