The right to vote for inmates in Zambia : an assessment of the 2021 general elections

Abstract

The research is focused on ascertaining to what extent inmates enjoyed the right to vote in Zambia. The research focused on the administrative and structural framework in place for the enjoyment of the right to vote for inmates in Zambia. After the 2016 Constitutional amendment, the clause prohibiting inmates from registering as voters and voting was removed. However, the electoral laws still prohibited inmates from voting. After successfully challenging the constitutionality of the electoral laws, inmates voted for the first time in 2021. the right to vote has a normative standard set by international human rights law as contained in several human rights instruments that Zambia is a party to. In addition, it also has a standard pursuant to the national legal framework. As a party to these international instruments, Zambia is obligated to ensure that inmates enjoy their right to vote in accordance with the standard set in these instruments and also in accordance with the standard set by the national legal framework. The research discusses the normative standard of the right to vote for inmates as contained in several human rights instruments and also discusses the national standard. It then compares the implementation of the structural and administrative framework against the normative standard to ascertain to what extent inmates enjoyed their right to vote. it also shows the shortcomings of the administrative and structural framework. To draw lessons from other jurisdictions that allow inmates to vote, the research looks at Kenya and South Africa as examples to draw both lessons and good practices for the better protection and promotion of the right to vote for inmates. Lastly, the research provides recommendations for the improvement of the structural and administrative framework to ensure fulfillment of the right to vote for inmates.