HUMAN RIGHTS COMMISSION ACT: SUBSIDIARY LEGISLATION(CHAPTER 48 )

CHAPTER 48 - HUMAN RIGHTS COMMISSION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Human Right Commission (Practice And Procedure) Regulations

HUMAN RIGHTS COMMISSION (PRACTICE AND PROCEDURE) REGULATIONS

[Section 26]

Arrangements of Regulations

Regulation

PART I
PRELIMINARY

1. Title

2. Interpretation

PART II
COMPLAINTS PROCEDURE

3. Form of receiving complaints

5. Secretary to Acknowledge receipt of complaint

6. Person to respond to complaints

7. Response of complaint

8. Certification of complaints

9. Withdrawals of complaints

10. Investigation at Commission’s instance

PART III
PUBLIC HEARING

11. Hearing

12. Public Hearing

13. Evidence before Commission

SCHEDULE

SI 22 of 2002.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Human Rights commission (Practice and Procedure) Regulations, 2002.

2. Interpretation

In these Regulations unless the context otherwise requires–

“assessment” means a preliminary finding made by the Complaints Committee determine whether a complaint submitted to the Commission falls within the jurisdiction of the Commission;

“Complaint” means a communication addressed to the Commission that alleges a human rights violation or threat of such right violation;

“Complainant” means a person, group or class of persons, organisation or association alleging that a human right has been violated or threatened;

“Complaints Committee” means the Committee, established by the commission to consider complaints and to determine the Commission’s jurisdiction over the complaint and, to assess the merits of complaint, violet or threatened; and

“respondent” means a person against whom the complaint or allegation has been made.

PART II
COMPLAINTS PROCEDURE

3. Form of receiving complaints

(1) Every complaint shall be made in Form 1 set out in the Schedule to these Regulations and shall be signed or thumb printed by the person making it.

(2) subject to section 11–

(a) the secretary shall keep a register of complaints;

(b) the secretary shall forward all complaints received to the complaints committee for consideration;

(c) the complaints committee shall within 14 days make and assessment of the complaint to determine, whether the complaints constitutes a case of a human rights violation or a threat to a human right;

(d) the commission shall have power to request information from a party and conduct investigation to enable the commission to make an assessment; and

(e) if in the opinion of the commission, the complaint does not fall within the jurisdiction of the Commission, or such complaint could be dealt with effectively by another organisation, such complaint shall be referred to the appropriate body.

5. Secretary to Acknowledge receipt of complaint

(1) The Secretary shall acknowledge receipt of the complaint, in writing within seven days of receipt of the complaint.

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(2) If the complaint lodged after the expiry of the time limit prescribed in subsection (3) of section 11 or the complaint does not lie within the jurisdiction of the Commission, the Secretary shall advice the complainant, within 21 days of receipt of the complaint.

6. Person to respond to complaints

(1) The Secretary shall within 14 day of receipt of the complaint advise the person against whom the complaint or allegation has been made.

(2) The Secretary shall acknowledge receipt of the response from the person against whom the complaint has been made within seven days of receipt of the response.

7. Response of complaint

The person against whom the complaint has been made under the Act shall within 30 days of receipt of the complaint under regulation 6 submit to the Commission a written statement of the case responding to the facts and circumstances which gave rise to the complaint or allegation:

Provided that the commission may on request extend the time within the person against whom the complaint is being made may make the response under this regulation.

8. Certification of complaints

The Commission may at any time direct that the response of all the documents concerning the complaint be clarified in such terms as it consider necessary.

9. Withdrawals of complaints

(1) A complainant may–

(a) withdraw a complaint;

(b) request the Commission to discontinue further action:

Provided that the Commission accepts the withdrawal before or during the hearing.

(2) The Withdrawal under this regulation shall be in writing.

(3) The Secretary shall send a copy of the withdrawal to the other party seven days after the Commission’s acceptance of the withdrawal.

(4) Notwithstanding the withdrawal of a complaint under sub-regulation (1), the commission may investigation the complaint if the Commission considers that the investigation is in the public interest.

(5) The Secretary shall within seven days of the Commission’s decision to investigated the matter under sub-regulation (4) inform the Respondent of the Commission’s decision.

10. Investigation at Commission’s instance

(1) In accordance with section 10 the Commission may initiate an investigation into an alleged human rights abuse.

(2) where an investigation is instituted under sub-regulation (1) the commission shall state–

(a) the reason for the investigation;

(b) the name of the respondent;

(d) The name of the Commissioner or member of staff responsible for the investigation.

(3) The Commissioner or member of staff referred to in paragraph (d) of sub regulation (2) shall without delay register the case with the Secretary.

(4) The Secretary shall keep a register of investigations initiated by the Commission under this regulation.

(5) The Secretary shall within seven days of the commencement of the investigation inform the respondent of the decision to investigate the allegation.

(6) The respondent shall within 30 days of receiving the complaint under sub regulation (5) submit to the Commission a statement in response to the case.

PART III
PUBLIC HEARING

11. Hearing

(1) The Secretary shall advise all parties to a complaint in writing of the time and place of hearing, and shall give the parties not less than 14 days notice.

(2) A complainant or a respondent may appear in person at a hearing or may be represented by any other person who the complaint or respondent might appoint.

(3) Where a party to a complaint and the party’s representative fails to appear for a hearing the Commission shall indicate accordingly in the report.

(4) The rules of natural justice shall apply at the hearing and the Commission shall not be bound by rules of evidence.

12. Public Hearing

(1) The Complaints Committee may determine which class of complaints shall be considered together at a public hearing.

(2) The Complaints Committee may determine which complaints or matters of public interest may be considered together at a public hearing.

13. Evidence before Commission

A person who gives evidence before the commission shall in respect of that evidence be entitled to all privileges to which a witness giving evidence before a court of law is entitled.

SCHEDULE

[Regulation 3]

HUMAN RIGHTS COMMISSION ACT

COMPLAINT FORM

Human Rights Commission

P.O .Box 33812, independence Avenue LUSAKA

Tel: 01-251327 or 251357 Fax: 01- 251342

PARTICULARS OF COMPLAINANT

Name of complainant

Surname ...........................................................................................

First names (underline the name used) .................................................

Organisation name ..............................................................................

Age and Sex

Date of birth ............................

Sex

F Address

Street

Postal code

City

Country (if other than Zambia)

Telephone

Cellular Phone

Employment

Employer (name) ...............................

Professional /position ...........................

Address ............................................

Unemployed -- Retired -- Other --

Citizenship etc.

Information required only if relevant to your complaint, for instance if you believe that you have been discriminated against due to your ethnic or genealogical background.

Citizenship

Nationality

Ethnicity/Genealogical background

Complainants representative

Representatives name

Address

Telephone

Profession

Particulars of respondent

Name of respondent

Address (if known)

Telephone (if known)

Person representing respondent (if known)

Other information to identify respondent

Complaint

Describe alleged facts and date of alleged incident (s) and state the relief you wish to be given Please do not forget the date of the alleged facts

(if more space needed, please continue on separate paper)

[alleged facts and date of alleged incidents and arguments]Please do not forget the date of the alleged fact

Particulars of possible (witness)es)

Witness

Witness No. 1 name

Address

Telephone

Office telephone

What do you wish the witness to be heard about?

Witness No. 2

Address

Telephone

Other telephone

What do you wish the witness to be heard about?

Documents

Attached copies of documents in support of complaint

If relevant documents are not in your possession please describe them so that the Commission can find them if an investigation is undertaken.

ADDITIONAL INFORMATION AND SIGNATURES

Others authorities etc. involved in the matter

Have you filed a complaint or similar to any other authority/organization, person in the same matter?

If yes, which one?

When?

What has been the result of that complaint?

Previous Complaints to Commission

Have you complained to the commission Previously?

When?

FOR OFFICIAL USE; Cross reference:

Place and date .............................................................

Signature or thumbprint of complainant or representative ................................................

Signature of Commission Official assisting with this complaint ..........................................

NOTES

-Please fill this form as accurately as possible.

-Your complaint will be assessed and you will be informed of the out come even if the Commission finds that it cannot investigate your case.

-Lack of necessary information nay result in the rejection of your complaint.

-Note that information (next page) regarding citizenship, ethnicity etc. is required only if relevant due to allegations of racial discrimination or similar allegation.

-You are kindly requested to inform the Commission of any changes of address or telephone number or any circumstance relevant to an investigation of your complaint.

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