Human Rights Gaps in Zambia’s Correctional Legal and Policy Framework: A Critical Analysis of the Zambia Correctional Service Act No. 37 of 2021

Abstract

This study critically examines human rights gaps within Zambia’s correctional legal and policy framework, with particular focus on the Zambia Correctional Service Act No. 37 of 2021. The study is grounded in a qualitative doctrinal research approach, relying on systematic document analysis of national legislation and international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
The general objective was to assess the extent to which Zambia’s correctional legal framework aligns with international human rights standards and effectively protects the rights of persons deprived of liberty. Specifically, the study examined alignment with international standards, analysed key human rights provisions, identified legal and policy gaps, assessed governance and accountability mechanisms, and evaluated the protection of specific human rights within correctional settings.
The findings reveal that the Act reflects a progressive shift toward a rights-based and rehabilitative correctional system, incorporating principles such as dignity, humane treatment, and reintegration. However, the alignment with international standards remains partial. The study identifies significant gaps, including lack of explicit human rights guarantees, absence of detailed and enforceable standards for detention conditions, weak accountability and oversight mechanisms, and limited protection for vulnerable groups.
The study concludes that while the Act establishes a strong normative framework, it lacks the legal specificity and institutional mechanisms necessary for effective human rights protection. It recommends the introduction of explicit rights-based provisions, strengthening of oversight systems, and development of enforceable standards to enhance compliance with international human rights obligations.