DCAF: Reform to Management of Public Assemblies and Order in Zambia, 2022-23

The project completed 10 out of 12 intended activities, with few adjustments to enhance relevance. The project was able to mobilise interest in strengthening police reform and security sector governance, but also in its ability to venture into strategic reform issues within the police, an area where few external actors have been successful in recent years. An unintended but positive outcome was the project influencing interest and commitment to more holistic police reform beyond just the confines of the Public Gathering Bill (PGB). At the start of the project, the partners found limited interest or engagement on core security sector governance and reform (SSG/R) or police reform issues by civilian oversight actors (state and non-state). This interest increased throughout the project. While there was broad consensus that police reform is important and needed, there were few examples of civil society or media substantively engaging on this issue. The project had changed significantly some of the activism and interest on SSG/R issues and their impact on democratic governance. The project has supported the Zambia Police to develop important tools such as decision logs to improve accountability on how decisions are made,' and road maps for reform, for example, the Police Public Complaints Commission (PPCC) undertook a self assessment as a starting point. These steps along with the trainings will enforce future reformation and improve Policing for human rights and democracy, particularly, safeguarding freedoms of Assembly and Association. The following are specific examples of results attained per objective: Objective 1: Legal reform and Regulations 1.1 The technical submission by DCAF and SACCORD to Zambia Law Development Commission (ZLDC) became key in the drafting of the new Public Gatherings Bill. The submission influenced the bill by adding critical provisions related to spontaneous assemblies, and references to the role of the police in facilitating (rather than managing) assembly. 1.2 Development of Subsidiary Guidelines for Review of Applications achieved through creation of a notebook with a guide for decision making. 1.3 Countrywide consultation on the Public Order Act, with civil society, media and local government/political stakeholders. The key findings from the consultations was that most stakeholders would like a more liberal and open model of regulation for public assemblies with a need for notification to authorities of an event but not a need to seek permission or for significant regulation to be placed on the public of where or when they can demonstrate/protest/assemble. This activity gave the public an opportunity to influence the drafting of the new Bill. Over 300 views were collected countrywide and fed into the ZLDC's initial report on the review of the POA, an initiative which was appreciated by the Ministry of Home Affairs. 1.4 Increasing public awareness of the key issues regarding POA resulting in increased public demand for police reform and passage of new regulations (including the PGB). Activities related to this were talk shows on the topic of the POA and the inclusion of important stakeholders outside NGOs such as Trade Unions. Objective 2: Oversight and Accountability 2.1 The project had organized two trainings for Parliamentarians on police oversight and management of public assemblies. The trainings covered roles and approaches to investigating proportionate use of force, examining police performance during and before policing operations, and effective regulation of public order. The impact or influence of the trainings was evident in subsequent sessions of the committees looking into some of the issues in a more critical manner through hearings. This mindset may influence the extent to which they include or change progressive provisions in the eventual PGB. 2.2 The partners organised a series of events to help build the capacity of CSOs and media actors, to engage on substantive policy dialogue. This included two dedicated training focusing on the concepts and key issues related to management of public assemblies for the media. The two short courses led to a better understanding by CSOs of the holistic nature of reforms and the risks associated with various proposed/or existing provisions in the PGB. As a result of the various trainings and meetings, a wide spectrum of CSOs were brought together, forming a core element of the advocacy campaign towards pushing for the PGB but also eventually for oversight of its implementation. 2.3 The project supported the PPCC to design a new complaints management process, investigative process and how to translate investigations into recommendations for disciplinary procedures or reform. This is key to building a more effective PPCC and ultimately police conduct regarding respect for human rights. Objective 3: Police Assemblies and Police Reform 3.1 The partners organized a 4day senior command training for the top commanders in all regions of Zambia who in practice are often tasked with leading police operations during public assemblies. The training received an overall satisfaction rate of 98 percent and provided a simulated tabletop exercise. An opportunity for commanders to be exposed to potential shortcomings in their own policing system. 3.2 Based on activity 3.1, DCAF delivered four courses two for midlevel commanders, one for ZPS, and support for a ZPS launched course. With these trainings, over half of the ZPS Commanders responsible for reviewing notifications for assemblies or managing public order operations have received training on key skills with regard to risk assessment, communication, applying a human rights based approach to decision making, and accountability safeguards in decision making. 3.3 Since January 2023, the partners supported a technical working group established by the ZPS to conduct a comprehensive self-assessment of its internal systems, frameworks, capacities, accountability mechanisms and regulation of the use of force. It appears that further technical assistance, however, would be required to act on the complex recommendations made in the assessment. DCAF had in parallel also initiated support to the ZPS to help develop two key guidance tools and procedures: 1) use of force reporting form, 2) decision log to track and explain key decisions before, during and after public order operations. Following work with the technical working group, drafts were presented for the ZPS but no final decision was taken on the eventual format. 3.4 A round table offered the first opportunity for a presentation and discussion on reform challenges and opportunities which eventually led to important discussions on reform needs in the ZPS. A followup event (March 2023) organized by the partners convened senior ZPS leadership to review and discuss a potential future policing doctrine for the ZPS, with a focus on the principles and values that underpin policing development and policing operations. The final event (August 2023) focused on oversight and accountability within the ZPS. This was the first example of all oversight bodies coming together to share experiences in their individual efforts at strengthening oversight but also offered an opportunity to map how these institutions can work more closely together. The event produced specific recommendations and an overview of entry points on issues where the institutions can collaborate in the future. This is an important achievement as it can potentially create new entry points for oversight institutions to engage with the police via the Professional Standards unit. One of the key achievements of the project is that an initial reluctance or cultural barrier between CSOs and the ZPS was broken when it comes to discussing sensitive reform issues. The project generated a greater discussion on security sector governance and reform (SSG/R) among CSOs. This led to CSOs working together to actively advocate for police reform or specific issues regarding the PGB. 10 out of the 12 subactivities related to the objectives were fulfilled (83% success rate). The two work streams not completely fulfilled were the ELearning Courses which was not launched and development of tools for ZPS which is awaiting the final decision regarding the format it should take.

Expected Results / Outcomes: The expected impact: The right to peaceful assembly is effectively protected and through a well-regulated system and model for public order with sufficient accountability safeguards to ensure a proportional and justified use of force is applied. OUTCOME 1: Legal Framework is amended to more effectively protect and ensure the right to assembly while legal or procedural barriers/obstacles for applying for permits or convening a peaceful assembly are effectively reduced: The Zambian Government and Police adopt regulatory standards and norms for public order that ensure greater protection and safeguards for rights to assembly and effectively but also develop an effective system of reviewing the merits of applications for public assembly that ensures applications for public assembly are only limited in cases where there is a clear and demonstratable risk to public safety or property. 2. Strengthening Oversight and Accountability in Use of Force and Management of Public Assemblies: Ensuring that the police are held to account for excessive use of force during public assemblies and for situations whereby police infringe on the right to peaceful assembly. 3. Police Reform: The police apply a more proportional response to authorising public assemblies and dealing with public order that is aligned to human rights standards and limits use of force with effective command and control safeguards to promote a more proportional response when managing public assemblies.