Charter. 47. To ensure Zambia' s policy of non-discrimination, Article 11 of the Constitution provides that: It is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to limitations... The limitations being reasonable within the law, the Government avers further that there has therefore been no violation of Article 2 of the Charter as the limitations provided for by Article 34 of the Republican Constitution are within the law. Zambia also submits that there is no violation of Article 13 of the Charter, which guarantees every citizen the right to participate in government. If anything, there is a proviso that such should be "in accordance with the provisions of the law." 48. It underscores the fact that Articles 34 and 35 of the Constitution are within Zambia's laws and therefore there is no violation of Article 13 of the Charter. 49. It stated that Zambia considers the inclusion of a violation of Article 19 of the Charter by the Complainant as not being within the purview of the present communication. It is of the opinion that Article 19 of the Charter relates to the principle of "self-determination" by the mere mention of the term "peoples". This position notwithstanding, the peoples of Zambia are equal. It urges the Commission not to entertain this ground, as it is inappropriate to the issues raised in the communication. 50. It argues that the discrimination alleged in Articles 34 and 35 of the Constitution is not unlawful and it reflects the popular desire of the majority of the Zambian people to save and preserve the "Office of the President" for Zambians. The Constitution of Zambia (Amendment) Act, 1996, therefore, seeks to give effect to the will of the people. THE LAW ADMISSIBILITY 51. Having considered that the communication satisfied the provisions of Article 56 of the Charter, the communication was declared admissible. MERITS 52. The allegation before the Commission is that Respondent State has violated Articles 2, 3 and 19 of the Charter in that the Constitution of Zambia Amendment Act of 1996 is discriminatory. Article 34 provides that anyone who wishes to contest the office of President of Zambia had to prove that both parents were Zambian citizens by birth or descent. The effect of this amendment was to prohibit a Zambian citizen, former President Dr Kenneth David Kaunda from contesting the elections having been duly nominated by a legitimate political party. It is alleged that the effect of the amendment was to disenfranchise some 35% of the electorate of Zambia from standing as candidate Presidents in any future elections for the highest office in the land. 53. The enactment of the amendment to the Constitution is not in dispute. Neither is it denied that Dr Kenneth Kaunda was thus denied the right to contest the elections for the office of President. Respondent State, however, denies that some 35% of Zambian citizens would be constitutionally