Civic Education Notes Grade 10-12
Civic Education Notes Grade 10-12
TABLE OF CONTENT
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Civic Education Notes
Grade 10
Constitution.........................................................................................................................2
Governance.........................................................................................................................6
Citizenship.........................................................................................................................14
Introduction to Human Rights..............................................................................................22
Corruption.........................................................................................................................25
Cultural Studies..................................................................................................................33
Substance Abuse................................................................................................................38
Grade 11
The Zambian Bill Of Rights................................................................................................................................45
Civil Society and Media in Governance.............................................................................................................59
Economic and Social Development...................................................................................................................67
Introduction to the Zambian Legal System........................................................................................................74
Processes of the Zambian Legal System............................................................................................................79
Culture of Peace...............................................................................................................................................85
Gender, Equity and Equality.............................................................................................................................92
HIV/AIDS Education........................................................................................................................................102
Social Challenges............................................................................................................................................112
Grade 12
Major International Human Rights Instruments.........................................................
Rights of a Child....................................................................................................
Family Law............................................................................................................................
Development Planning.....................................................................................................
Poverty in Zambia........................................................................................................
The Environment........................................................................................................
Global Issues................................................................................................................................
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THE CONSTITUTION
A Constitution is a system of laws, customs and principles usually written down, according to which
a country or an organization is governed. Customs refer to accepted traditions and habits of the
people in a society. A constitution is the Supreme Law to which all other laws are subordinate. A
nation needs a constitution in order to regulate the activities of its citizens.
TYPES OF CONSTITUTIONS
There are only two types of Constitutions and these are;
1. WRITTEN CONSTITUTION
This is a constitution in which most of the provisions or contents are documented in a single formal
written document. It is a set of rules that the citizens of a nation contribute to, discuss and agree to
be governed by. Countries with written constitutions include Zambia, Botswana, Tanzania, Namibia,
South Africa, and America.
2. UNWRITTEN CONSTITUTION
This is a Constitution that has most of its provisions not found in a single document but in a
collection of documents, statutes and traditional practices that are generally accepted as governing
a nation. The British constitution is one such example.
FORMS OF CONSTITUTIONS
The two types of constitutions can either be Flexible or Rigid.
1. FLEXIBLE CONSTITUTION
This is a form of a constitution that can easily be amended or changed by the majority of eligible
citizens without calling for a referendum. A Referendum is an occasion when citizens are asked to
vote yes or no on an important national issue, such as voting whether to abolish the death sentence
or not.
2. RIGID CONSTITUTION
This is a form of a Constitution that cannot easily be amended. This type of a constitution is usually
amended by a different body such as the National Constitution Conference (NCC) as is the case in
Zambia, and also through a Constituent Assembly (CA) and a Referendum, which have a special
status than ordinary institutions or Parliament.
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individuals. Thereafter, the CRC produces a draft constitution. The Inquiries Act is a law which gives
the president power to appoint a commission of enquiry.
IMPORTANCE OF A CONSTITUTION
It promotes and protects the Rule of Law.
It is owned and guarded by citizens.
It ensures democratic governance.
It gives equal opportunities for individual development.
It safeguards the fundamental rights and freedoms of citizens.
It also sets out the composition and functions of the wings of government.
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GOVERNANCE
Definition
Governance is the way people are ruled with or without their consent.
Types of Governance
Good governance means a government which is legitimate, competent, accountable, and respects
human rights and the rule of law
Citizen Participation
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All people take an active part in the affairs of their community and country. They elect their leaders,
have the right to stand for public office an mobilize for social action. Citizens can demonstrate
against what they don’t agree with.
Separation of powers
This is the principle that states that the three major organs of the government namely the,
Legislature, executive and the Judiciary must work independently.
The three organs must not interfere with each other in their operations. They should just check on
each other to ensure that they operate within the law. This is known as Checks and Balances
The legislature makes laws and approves and approves government policies, the executive carries
out the laws passed by the Legislature and the Judiciary interprets and enforces the law. Separation
of pews is a constitutional Mechanism that allows each organ of the government to share power
with other branches and there by check the operations of the other organ to ensure hat it operates
within the constitution of the country. E .g the legislature can impeach the president if he/she
violates the constitution of Zambia
Political tolerance
People with different political opinions must be able to freely express themselves and their opinions
should be respected. Political violence against people who support different political parties should
not be tolerated.
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their interests. Trade Unions work to improve working conditions, wages and salaries by advocating
for justice and accountability. Other are Non- Governmental Organizations (NGOs), Faith based
organizations (FBO), and community Based organizations (CBOs.)
Fairness
In good Governance the government should make sure that no one is excluded from access to any
public service for reasons of race colour creed gender mental or physical disability. Government
workers should be recruited and promoted openly on merit and they should carry out the functions
of the government impartially. People should not be appointed into public office on grounds of
ethnicity or nepotism
Bad Governance
Governance is a government which is not legitimate, competent accountable and does not respect
human rights and the rule of law. It is a government which rules against the wishes of the people.
Eg. Dictatorship.
Arbitrary arrests
There is arbitrary arrests of suspected dissidents who are critical of the government. The secret
police spies on the citizens
Use of force
The government uses force to remain in power and also by using other methods such as
constitution amendments and postponement of election dates
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Electoral systems
Electoral systems are methods through which the governed choose their leaders or representatives
Disadvantage
The candidate can be rejected by most of the electorate but still mange to win an election by
minority votes
Disadvantage
The members of parliament are not answerable to the electorate but to their political parties
which nominated them.
Elections
Importance of elections
- Oblige candidates to explain to citizens why they should be elected
- They make political parties accountable to the people
- Provide a mechanism of peaceful transfer of power
- Offer regular opportunities for people to change government
- Provide the peace and stability necessary for development
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Elections must take place in a political environment where all candidates can compete freely
and fairly
- Inclusive
The definition of the eligible voter must be broad enough to include a large proportion of
adult population
- Decisive
Democratic elections determine the leadershi0p of government. The winning candidate or
should not be prevented from taking office
Primary Elections
These are held whenever democratic political parties want to choose candidates to stand in
presidential, Parliamentary and local government elections
To stand in the presidential elections, the candidate must be sponsored by a political party. In
the parliamentary and local government elections the candidate can either be sponsored by the
party or stand as an independent
By Elections
By elections are held when a counsellor or Member of Parliament or the president dies, or
resigns from the party or is expelled from the party or six imprisoned for more than six months
Voters Rights
In good governance voters have the right to
Seek information freely
Have access to voter education
Attend party campaigns without fear
Express opinions freely and peacefully
Vote for candidates of their choice
Vote in secrecy
Vote without intimidation or fear
Be assisted if one has a disability
Complain about irregularities
Be excused from work to go and vote
Be protected by law and police
Election Rigging
Election rigging or cheating takes place when:
Opposition parties are not allowed to organize meetings freely
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Opposition parties are not given enough time on radio and television to express their views
and plans
Members of the opposition parties are detained or put in prison in order to silence them
The press (newspapers, radio and television) are not free to express views or give
information that is critical of the ruling party
A party allows its members to physically assault supporters of other political parties
When there is no transparency in the counting, transportation, transmission and
announcement of election results from the polling stations to provincial and national
elections centres
If voting time is cut short in constituencies where ruling party is unpopular extended where
it is popular
When voter votes twice
When a candidate gives money, beer and other materials to voters win their support
When the party in power uses government resources to campaign. For, example civil
servants government vehicles and materials.
When election results are announced while voting is still going on in other places. The
prejudices the voting in process in favour of the announced winning party or candidate
From 1964, the Ministry of Local Government became responsible for the administration of all local
authorities in the country. The new councils included chiefs appointed by the Minister of Local
Government. These councils were to provide a limited range of basic essential services such as
schools, libraries, markets and housing. In 1965, the local government act number 69 was amended
to establish a basically uniform pattern of local authorities through out Zambia. Under the Act, there
were city councils, Municipal councils Town councils and rural councils.
In 1980, the local government Decentralization act was enacted. UNIP assumed full responsibility
Reasons for decentralization were to
reduce delays as the most decisions could be made on the spot to headquarters
Make plans and programs more relevant to local needs and conditions
Improve coordination between different government agencies in an area
Reduce the burden on senor staff at national level so as to improve their performance
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The District council Administration was headed by the district executive secretary and supported by
nine secretaries. These were secretaries for political, administration Social Security, finance, and
development, commercial, legal and industrial affairs
In 1991, the decentralization Act was amended. The new Act introduced three types of local
councils. These were city, Municipal, and District councils. This system has continued to the present.
The MMD government wanted to give more autonomy to councils so that was less dependence on
central government for funds. The local government Act of 1991made councils to operate freely
from political interference since all councillors was elected by the people. The current composition of
local councils is as follows:
Mayor of the council
Deputy mayor or Deputy council; chairperson
Ward councillors
Area member of parliament
3 chiefs representative
1 representative from the labour movement
The town clerk or the district Secretary (Ex official members)
Mayors and Town clerks are found in city and municipal councils, where as chairpersons and district
Secretaries are found in District councils.
The administrative structure is headed by the town clerk or the District Secretary. He/ she is
assisted by Directors such as:-
Director health
Director finance
Director engineering
Director works
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CITIZENSHIP
Definition of Citizen
A citizen is a member of state who enjoys all the rights and privileges granted by the state. He or she
performs duties and obligations towards the state and other institutions within it. A citizen has a mutual
relationship with the state. The state guarantees a citizen liberty, rights and freedoms and, in return, a
citizen is obligated to take part in the civic and political processes of the state.
Legal Aspects
A citizen is recognised by law and his or her rights are enshrined in the laws of the land. Every citizen
has the protection of the state whether at home or abroad. He or she is provided with opportunities for the
lawful enjoyment of his or her freedom, property and political rights. A citizen who fails to comply with
the legal aspects of citizenship is liable for prosecution.
Moral Aspects
The moral aspects of citizenship acknowledge the value of self-discipline and self-control. A morally
upright citizen has a sense of responsibility to fulfil all his or her obligations to the state and the various
social groups that he or she belongs to. He or she is not only responsible to his or her family but also to
the community and the state. While a citizen receives all that is necessary to equip himself or herself as a
citizen, he or she should be ready to give back to the community to promote general happiness and
common well-being of the people. However, a citizen who does not comply with the moral aspects of
citizenship is not liable for prosecution.
An Alien
An alien is a person living in a country which is not his or her own. An alien, although resident in one
country, owes allegiance to another. For example, a Zambian living and working in Botswana still owes
loyalty to Zambia. Aliens enjoy civil but not political rights. For instance, an alien cannot take part in
voting for leaders in the country of residence.
An alien does not always have complete freedom to acquire or sell land or property, but is required to
obey the laws of the state in which he or she lives. An alien may be deported from the host state for
misconduct or for committing a serious crime. On the other hand, an alien owes no duty to the host
country. He or she may pay taxes as stipulated by the laws of the land but is not duty bound to the state.
For example, if war broke out in the host country an alien is not duty bound to take up arms to defend the
state. Immigration laws of a country govern entry and status of aliens in the host country.
Kinds of Citizenship
Natural Citizenship
The rule of Jus Sanguine and that of Jus Soli regulate this type of citizenship. According to the rule of
Jus sanguine, blood relation and descent decides citizenship. A child assumes his or her parents
citizenship regardless of where it is born. For example, a child born from a Zambian living in Tanzania is
Zambian. On the other hand the rule of Jus Soli considers the place of birth. According to this principle,
if a Zambian woman gives birth to a child in Tanzania, the child becomes a natural citizen of Tanzania
regardless of the citizenship of the parents. The rule of Jus Sanguinities older than that of Jus Soli.
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Because of this, many countries follow this principle. However, some countries embrace both principles,
which lead to minors persons under the age of twenty-one years, having a dual citizenship until they
reach the age of maturity which is twenty-one years, when they are compelled to give up one.
Naturalised Citizenship
A foreigner may acquire citizenship of a host country. The following are the prescribed conditions which
one has to follow to acquire citizenship of the host country:
c. Renunciation of previous citizenship: This requires an applicant to give his or her previous
citizenship and take an oath of allegiance to the country of which one intends to become a citizen.
Some countries demand to see evidence of good moral character, proof of sufficient financial
standing to support himself or herself and a working knowledge of the nation’s official language.
d. Marriage:
A spouse can acquire citizenship of a wife or husband. This requires one to renounce the previous
citizenship. However, one can opt to maintain his or her natural citizenship even when living in a
spouse’s nation.
Naturalisation may be complete or partial. When a foreigner obtains full rights and privileges of that of a
natural citizen of his or her adopted state and there is no discrimination of any sort, the naturalisation is
said to be complete. However, if there is differentiation in the enjoyment of rights and privileges between
the natural and the naturalised citizens, then the naturalisation is said to be partial. For example, the
clause in the 1996 Zambian Constitution that prohibits a naturalised citizen whose parents are not natural
citizens to stand for the presidency of the country means that Zambia confers partial citizenship to its
naturalised citizens.
(i) Article 4. 1
Every person who immediately before the commencement of this constitution was a
citizen of Zambia shall continue to be a citizen of Zambia after the commencement of
this constitution.
(ii) A person who was entitled to citizenship of Zambia before the commencement of this
constitution subject to the performance of any conditions following the happening of a
future event, shall become a citizen upon the performance of such conditions.
Article 5.
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A person born in or outside Zambia after the commencement of this constitution shall
become a citizen of Zambia at the date of his birth if on that date at least one of his
parents is a citizen of Zambia.
A symbol of Zambian Citizenship is the Green National Registration Card (NRC). This is issued by the
National Registration Office under the Ministry of Home Affairs.
The minimal age for one to acquire the NRC is 16 years.
Loss of Citizenship
i. acquires the citizenship of a country other than Zambia by voluntary act, other than
marriage, and
ii. does any act indicating that person’s intention to adopt or make use of any other citizenship.
2. A person who:
becomes a citizen of Zambia by registration and immediately after becoming a citizen of Zambia, is
also a citizen of some other country, shall subject to clause (4), cease to be a citizen of Zambia at
the expiration of three months after such person becomes a citizen of Zambia unless such a person
has renounced the citizenship of that country, taken an oath of allegiance and registered such
declaration of this intention concerning residence as may be prescribed by or under an act of
parliament.
In some countries, a person can also lose the status of being a citizen if one:
Accepts foreign decorations or titles;
Is continuously absent from the home state for a long period of time;
Takes up employment under a foreign government;
Gets married (woman)to a foreigner and such a person acquires the citizenship of the husband.
A naturalised citizen can lose citizenship if that person is expelled from the country of residence by the
state. This kind of expulsion is known as forced repatriation. However, if a naturalised citizen wishes to
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revert to his/her natural citizenship and goes back to the country of origin, this is known as voluntary
repatriation.
Exercise 3
(a) (i) From your understanding of the concept citizenship, list
qualities of a good citizen.
(ii) Compare your list with that of your classmates.
(iii) Discuss any similarities or differences with the one provided in this book.
(b) Discuss the rights of a Zambian citizen.
Personal Responsibilities:
(a) taking care of oneself.
(b) supporting one’s family.
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voting for all eligible voters will lead to increased citizens’ awareness of their rights and
influence them to take more interest in public affairs.
Moral Remedies
Citizens need to be spiritually and mentally motivated for them to take an active interest in public
affairs. This can be achieved by providing wide spread educational opportunities to the citizens in
order to inspire good values such as courage, honesty, tolerance and a spirit of accommodating other
people.
Stability and Justice
This involves establishment of security, stability and justice measures by both the leaders and the
citizens. It requires active participation by the citizens in ensuring safe environments in the
communities where they live. Citizens should be encouraged to set up independent local
organisations that will improve communities. A good example is the idea of ‘Neighbourhood Watch,’
when members of a community take up the responsibility of ensuring their own security. Another
example involves carrying out community projects where members are actively involved in
enhancing social and economic development.
Rights and Freedoms of a Citizen
Civil and political rights
These are rights that ensure that every person is given an opportunity to take part in the affairs of the
state. Democracy is only made possible by active participation and cooperation of all citizens in matters
of national development. These rights include the following:-
Right to personal safety and freedom.
Right to family life.
Right to freedom of speech and expression.
Right to assembly and association.
Right to education.
Right to freedom of conscience and religion.
Right to property.
Right to earn a living.
Right to judicial safeguards, for example, a quick and fair trial.
Right to reputation, which is a right to one’s good name. Consequently, a defamatory
statement is punishable by law if proved that the utterance made in public, was untrue and not
in public interest.
Right to belong to a political party.
Right to be voted into public office.
Right to petition in order to register grievance either individually or collectively.
Right to criticise the government.
These are rights that deal with the economic, social and cultural well being of citizens.
They include:
The right to work
The right to adequate wages
The right to reasonable hours of work.
The right to food
The right to education
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Special Groups
These are groups of people with special needs. For example, refugees, unemployed youths, children,
street kids and orphans.
Every society has a number of disabled persons among its population. Denying them
employment, education and other social facilities may discriminate against such people.
The Zambian government should strengthen measures that enable persons with disabilities to
lead normal lives.
These are people who are sixty-five years and above. Some of these people need special care,
love and security.
The government should provide adequate housing for the old people. Those who are able to work
can be employed.
Due to privatisation of parastatal companies and other economic factors, many youths are not
employed. The absence of a regular income subjects these youths to extreme hardships. Some of
them end up on the streets.
The Government should put in place training facilities, so that the youths are provided with the
necessary skills for employment.
(d) Orphans
These are children who have lost one or both parents. This may lead to a situation whereby
children start looking after themselves. In some cases, these children end up on the streets. The
government should strenthen social security services to alleviate the sufferings of these people.
The following are examples of duties of a responsible citizen in his or her community.
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GLOSSARY
Jus Sanguinis refers to citizenship based on blood relationship, for example parents, descent.
Jus Soli citizenship is acquired on the basis of place of birth.
Eco-citizenship.
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Human Rights are an entitlement that has that one has simply because one is a human being.
Entitlements are claims or freedoms.
The Magna Carta was the earliest document in the World in which Human Rights were recognized.
In Africa the charter of Mande was the earliest documents which were guaranteed Soundiata Keita,
the king of the empire of Mali who was also called Mande.
However, the above listed documents were not universal in nature because they often excluded
women, children, slaves and persons of certain Social, Religious, economic or political groups.
Human rights as we know them today only came about after the revolution of the terrible, cruel and
violent killings of the Jews, Sinti and Romani (gypsies) people. Homosexuals and persons with
disabilities under the hands of the Nazi Germans that took place during the Second World War
horrified the world. Governments then decided give time and energy to establishing the United
Nations in 1945 with the idea of promoting international peace and preventing conflict.
Members countries of the United Nations promised to promote Human rights for all and do this they
formed a Commission on Human Rights and gave it the duty of drafting a document putting in
writing the meaning of fundamental rights and freedoms that had been declared in the charter. The
Commission was chaired by Eleanor Roosevelt, who was the wife of the president Franklin
DelanoRoosevelt the then president of the United States of America. The Commission came up with
the Universal Declaration on Human Rights (UDHR)
The Universal Declaration Human Rights Was adopted on 10 th December, 1948 by the member
sates of the United Nations.
However, it should be noted that the Universal Declaration of Human Rights is not legally binding
because it is only a declaration. Adeclaration is a pronouncement which may be effected or not.
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Human Rights are Universal because they apply to all people every where in the world and are the
same regardless of religion, political, geographical, beliefs nationality or social status.
Collective Rights
These are also known as ´Third Generation Rights’ they are the most recently identified rights. The
term collective rights refer to the rights of Peoples’
The term third generation human rights” means largely unofficial, and thus houses an extremely
broad spectrum of rights, including:
Group and collective rights
Right to self determination
Right to economic and social Development
Right to a healthy environment
Right to Natural resources
Right to peace
Right to communicate
Right to Participation in cultural Heritage
Respect for every ones life, their physical and mental integrity, freedom, property, privacy
including ones own. This means that you do not physically abuse anyone either b y causing
them pain or touching them in any away that they do not want.
Respect for differences either in sex, ethnicity, language, colour, age, religion, cultural
aspects, opinion, and identity of others and one’s own.
Taking up ones responsibility in society: Rights come with responsibilities and responsibilities
start with respecting other people’s rights.
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Respecting the fact that people have legally established claims and entitlements.
Rights- holders need to be empowered in order for them to claim their rights and take part in
public decision making. Empowerment is giving the rights holders the knowledge and skills
they need to claim, access or enjoy their rights.
Participation is an important Human Right. People of both sexes and all ages have the right
to participate in every area of their lives.
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CORRUPTION
Definition of Corruption
Corruption may be defined as the giving of money, valuables or rendering of a service to someone in turn
for a favour. It involves the abuse of public office and public resources for personal gain. It does not
involve the casual offering of a gift.
The Anti Corruption Commission Act of Zambia, No. 46 of 1996 defines corruption as ‘soliciting,
accepting, obtaining, giving or offering gratification by way of a bribe or any other personal temptations
or inducement or misuse and abuse of public office for personal gain or benefit.’ Other definitions of
corruption include the following:
An Act or practice marked by dishonesty and abuse of one’s position or power.
Giving money a service or anything valuable in return for a favour.
Abuse of one’s official position for personal gain or benefit.
Misuse of public office for personal or selfish gain.
Forms of Corruption
There are different forms of corruption. However, all forms of corruption involve human rights violations
and lack of transparency and accountability in the use of public authority and resources. The following
are some of the most common forms of corruption:
Cash is the most common form of corruption This involves giving or accepting money in return for a
favour.
Service, which is commonly known as a ‘kick back’. involves the rendering of a service in return for a
favour.
Payment in kind, where one demands a favour for an action done. For example someone may abuse
his or her official position for personal gain or benefit such as demanding for sex in return for an
employment offer.
Loans, and advances, which involve corrupt payment in form of a loan or an advance. Such an action
is characterised by misuse of public office for personal or selfish gain. Commissions, which are given
as an ‘appreciation fee’ for winning a contract.
Categories of Corruption
Petty Corruption
This type of corruption is widely practiced in Zambia and usually involves small payments. These
payments are called bribes. A local term commonly used to refer to this type of corruption is
‘Nchekelako’ or give me a share as well.
Grand Corruption
This type of corruption involves substantial amounts of money. It is usually practiced by high
ranking officials. Such corruption is associated with payments made for favours in awarding
government contracts, public appointments or privatisation of government owned companies or
assets.
Political Corruption
This kind of corruption is associated with the electoral process. It is usually practiced by those
contesting for political power. Examples include the following:
(i) Donation of money to influence the voters’ choice.
(ii) Cash or material distribution to influence voters. During the elections period, most
political parties distribute chitenge materials, food stuffs, T-shirts and other things in order
to win the voters’ support.
(iii) Provision of beer, to influence voters’ choice.
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(iv) Provision of services such as of electricity, water supply and road maintenance at the time
of elections.
(v) Companies sponsoring political parties in order to win favours for their businesses should
such parties come into power.
Causes of Corruption
The causes of corruption can be grouped into the following categories.
Social causes
Personal greed and dishonest
Leaders in key positions are not capable of inspiring and influencing conduct of the highest moral
standards.
Weak enforcement or absence of code of conduct.
Punishment for offenders is weak.
Large numbers of people compete for insufficient services like few school places.
Economic
Shortages of goods and services.
Unequal distribution of wealth and resources.
Allocation of government loans to some preferred individuals at the exclusion of others.
Low salaries and wages in comparison to the cost of living.
Poverty.
Lack of Independence of the Judiciary: Courts may not act independently on matters of corruption
if they are influenced by outside forces such as the Executive.
Public Reaction: The public view about corruption plays a very important role in fighting corruption.
In Zambia, corruption is tolerated by some people who think it is normal because of the economic
hardships.
Lack of Press Freedom: The media plays an important role in exposing cases of corruption. The
media should investigate corrupt practices.
Effects of Corruption:
The effects of corruption are very unpleasant and devastating on any given society. Corruption has led to
political uprisings or coups in most African countries. It is therefore important that timely and effective
action is taken to fight the scourge.
The following are some of the most common effects of corruption in society:
(i) makes those involved rich at the expense of ordinary citizens.
(ii) enables those who pay bribes to benefit in areas which without being corrupt they would
not.
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(iii) causes widespread bitterness in those who cannot pay or refuse to pay for favours when they
see those who do pay being favoured.
(iv) distorts standards because it enables those who are less deserving to reach goals ahead of
those of greater merit.
(v) interferes with the enforcement of the law and respect for the rule of law.
(vi) perpetuates human suffering through escalating poverty levels of ordinary citizens.
(vii) hinders a country’s economic development. A corrupt country will never prosper
economically as its resources are not properly utilised.
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suppliers simply because he or she has received a bribe to favour certain suppliers. Similarly, the
supplier may offer a bribe in order to receive favours from the purchaser.
Corruption Prevention
The commission undertakes necessary and effective measures to prevent corruption in the public
and private sectors. The commission examines practices and procedures of these sectors to
facilitate the discovery of corrupt practices. It also ensures that any work, methods or procedure
prone to corruption are revised.
In order to strengthen this strategy, the Commission’s Prevention Department (PD) conducts
managerial accountability workshops in both public and private institutions. The workshops are
aimed at establishing standards for accountability within the institutions.
Community Education
The commission’s Community Relations Department (CRD) is responsible for educating the
community on matters relating to corruption. In this approach, the department reveals evils and
dangerous effects of corrupt practices on society. In order to reach the community, the department
uses methods such as radio and television programmes, public lectures, workshops, production
and distribution of pamphlets, newsletters, posters, T-shirts, fliers and booklets. In addition, the
commission has also spearheaded the formation of anti corruption clubs in most schools in
Zambia.
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parastatals. After the investigations are complete, the Investigator General advises the police or the
court on the action to take.
Anti Money Laundering Unit
This is a department of the Drug Enforcement Commission. The unit was established in 2001 by an
act of parliament to monitor and investigate money laundering activities in Zambia. Money
laundering is the act of receiving, possessing, concealing, disguising, disposing of or bringing into
the country any property (which includes money and any item) derived or realised directly or
indirectly from illegal or criminal activity. The act provides for the disclosure of information on
suspicion of money-laundering activities by supervisory authorities and regulated institutions. It also
authorises the seizure of property of persons convicted of money laundering. In addition, the act
provides for international cooperation in investigations, prosecution and other related legal processes
concerning prohibition and prevention of money laundering activities.
The Zambia Police
The Police Service has been charged with a very important role in the fight against corruption. Within
this establishment, the Police Professional Standards Unit was charged with the responsibility of
dealing with police abuse and corrupt practices in the system.
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Civic Education Notes
The National Movement Against Corruption (NAMAC) is another non partisan organisation involved
in the fight against corruption. The movement was officially launched in March, 2002. Its motto is
“Working together for a corruption free Zambia”.
NAMAC is a loose alliance or coalition of civil society and government institutions. In particular,
Integrity Foundation Zambia (IFZ) in collaboration with the Anti Corruption Commission (ACC) and
the Governance Development Unit of the Ministry of Legal Affairs, took a lead in the formation of
NAMAC. The movement has embarked on a wide campaign for the eradication of corruption in
Zambia. It demands high levels of integrity, transparency, accountability and seeks genuine
participation in the affairs of our nation.
The Media
The media has a very important role to play in promoting good governance and controlling
corruption. The print media, television, radio and the internet, inform the public about important
things we need to know in order to function effectively within our societies. The role of the media is
to dig deeper and carry out research on any cases of corruption. This is called investigativejournalism.
They should investigate corrupt practices and present the actual findings to the public.
Glossary
casual gift: is an ordinary gift offered to a person in a hospitable and modest manner, without any demand for a
favour in return.
Gratification: means any corrupt payment made whether in cash or in kind as a result of the corrupt misuse or
abuse of public funds or property.
A bribe: is an offer of money or any other gift given or offered to obtain favour or to persuade someone to help
through dishonest means.
Scourge: means cause of suffering.
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Investigative Journalism: means careful and thorough inquiry into hidden issues for edition and
publications.
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CULTURE
Culture refers to the whole way of life of a group of people. It is also the sum total of behavior
which people have learned over a period of time and defines ways by which people do things.
Components of Culture
1. Language – Language is the most obvious difference between cultures. Language defines a
cultural group even though the same language may be used in different countries. Language
includes unspoken language such as gestures. Gestures mean different things in different
languages
2. Religion- Religion is a major cultural component and religious taboos, customs, holidays and
rituals dictate the behavior of a given society. For example: Hindus do not drink beverages
and can only eat meat slaughtered in a certain way called “Halal” because of religion
3. Values and attitudes- There are a society’s belief system. Values and attitudes are a society’s
heart and they are the least likely to change. When they change they change very slowly. A
society belief system guides its attitude to what is considered right and what is considered
wrong and it is the basis of a society’s way of life. Most belief systems are based on society’s
central religion
4. Education – Education is an important part of culture since cultured is learned behavior.
There are three types of learning of learning that takes place in society. The first type is
informal learning in which a child learns by imitating the behavior of its family members,
friends or in homes where there is a T V the characters portrayed in the films. The other type
is formal learning in which adults and older siblings teach young family member how to
behave in certain situations. The third type of learning is technical learning in which
teachers instruct the child in an educational environment about what should be done, how to
it should be done and why it should be done.
5. Social organization: this is the way a society organizes itself. It relates to how society defines
relationships, social institutions such as marriages and status system such as the role of
women and children
6. Technological and Material culture: These refers to society‘s ability to create, design, and use
things. Technology and material culture relates to the way society organizes its economic
activities.
7. Law and Politics: These are rules and structures that regulate the behavior of society. The
legal rules attract punishment when contravened. The laws protect members of society to
live in peace from free from fear and inhuman treatment
8. Aesthetics- This society’s perception of what is considered beautiful in art and in persons. It
dictates what is acceptable or appealing in that culture
Characteristics of Culture
- Culture is dynamic:it is not constant; it is always evolving and changing. Change in
technology is easily accepted rather change in the value system of society. For example
the use of cell phones has been accepted as part of Zambian way of life and yet these
were not there until the mid 1990s
- Culture is cumulative: Every human generation can discover new things and invent better
technologies. The new cultural skills and knowledge are added onto what is learned in
previous generations.
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Civic Education Notes
- Culture is shared : the members of a culture share a set of ‘ideals, values, and standards
of behavior” and this set of shared ideals is what give meaning to their lives, and what
bonds them together as a culture
- People are not usually not aware of their culture until they come into contact with other
culture: We are unaware of our culture because we are so close to it to know it so well.
- People do not know all their culture: No one knows everything about his or her own
culture.
- Culture give a society permissible behviour patterns. Culture commonly allows a range of
ways in which men can be men and women can be women. Culture also tells us how
different activities should be conducted such as how one should act as a husband , wife
parent etc
- Culture no longer exists in isolation: Even small out of the way ethnic societies are now
being integrated to some extent into the global economy.
Types of Culture
1. Mass culture.
This is the culture produced from machines and consumed on a large scale, for example,
recording industry, television, or video cassettes. It is spread through electronic media and
other high technology.
2. Cultural homogeneity
Cultural; homogeneity applies to society that is composed of people of similar race religion
and
nationality. For example Tunisia, Egypt and Morocco where more than 90% of people are of
the same,
Race, share the same religion and Nationality
Homogeneity means comprising of a collection of parts of the same kind
3. Cultural Heterogeneity
Cultural heterogeneity refers to a society that contains a variety of minority groups of
different races, religion and nationalities. For example the republic of South Africa. The South
African slogan of rainbow Nation emphasizes the special contributions of various immigrant
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cultures to the diversity of its society. Cultural heterogeneity promotes cultural pluralism
which recognizes and respects the contributions of various minority cultures to the whole
society.
4. Popular culture
This is the culture which is a product of changing needs and innovations in people’s life
styles. It is usually on high demand especially from the youth who have new music, fashione
other products in the field of entertainment. It includes such thins like pop music, pop dance,
pop art and so on.
5. Folk culture
It is also referred to as residual culture that is remains of the past. An example of folk
culture was the program of folk music which the Zambian National Broadcasting Corporation
played some time back
6. Ideal culture:
It refers to some kind of dreams and aspirations of where a given people would wish to be.
Every society views itself views itself in appositive way and has the highest virtues and
standards by which it appears to be.
7. Real culture
This refers to the actual behavior of people I society.
Counter Culture
9. This represents behavioral patterns, activities or styles of life portrayed by a group of
individuals who are generally opposed to the generally accepted standard of behavior in
society. Such individuals may refuse to submit to the ways that things are expected to beone
and they may develop their own life styles.
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Civic Education Notes
Extended Family
This is a family that embraces not just the nuclear family but also Uncles, cousins, in-laws and nieces.
The extended family system ensured that the concept of orphans did not exist in real terms. It ensured
that everybody belonged to a family even if not a biological one.
Rites of passage
These are ritual that one undergoes to mark important changes in a persons position in the society. They
include: naming of the new born baby, initiation, marriage, death and after death ceremonies.
Traditional Ceremonies
These are local festivals held to commemorate past events.
Functions of traditional ceremonies
Expressing, reflecting and re enforcing cultural relationship and values
Observing certain rituals
Communicating important cultural themes through the use of special forms of language, music,
and dance.
Connecting to the ancestors
Providing oral history of settlement patterns or migrations
Reconciling intergroup conflicts for peaceful co- existence
Assertion of local traditional leadership
Displaying symbols of ethnic citizenship or sense of belonging to ethnic groupings
Linking urban and rural communities of particular ethnic groupings in a unity of purpose
Politically, festivals afford paramount chiefs the opportunity to reassert their authority over
their sub-chiefs and subjects.
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Civic Education Notes
Extended Family
This is a family that embraces not just the nuclear family but also Uncles, cousins, in-laws and nieces.
The extended family system ensured that the concept of orphans did not exist in real terms. It ensured
that everybody belonged to a family even if not a biological one.
Rites of passage
These are ritual that one undergoes to mark important changes in a persons position in the society. They
include: naming of the new born baby, initiation, marriage, death and after death ceremonies.
Traditional Ceremonies
These are local festivals held to commemorate past events.
Functions of traditional ceremonies
Expressing, reflecting and re enforcing cultural relationship and values
Observing certain rituals
Communicating important cultural themes through the use of special forms of language, music,
and dance.
Connecting to the ancestors
Providing oral history of settlement patterns or migrations
Reconciling intergroup conflicts for peaceful co- existence
Assertion of local traditional leadership
Displaying symbols of ethnic citizenship or sense of belonging to ethnic groupings
Linking urban and rural communities of particular ethnic groupings in a unity of purpose
Politically, festivals afford paramount chiefs the opportunity to reassert their authority over
their sub-chiefs and subjects.
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Civic Education Notes
SUBSTANCEABUSE
A SUBSTANCE is a material or a type of matter. People use substances for different reasons. For
example we take water when we are thirsty and medicine when we are sick. However, substances
are abused. To abuse is to use something excessively or wrongly, especially drungs.
Substance Abuse means taking something often that your body does need excessively and for
wrong reasons. E.g. taking quinine when you are not sick.
CLASSIFICATION OF SUBSTANCES
1. Over the Counter Substances
These include substances used for medicinal purposes which can easily be bought over the
counter such as panadol, aspirin, cafenol, fansidar and vemox.
2. Controlled Substances
These are substances that can be obtained if one has a prescription. These substances can
be dangerous if not used properly. E.g. Morphine, valium, cocaine and marijuana
Alcohol abuse is when one drinks too much alcohol too often. If someone starts taking
something and cannot stop that person is said to have an addiction .A person who is addicted to
alcohol is called an alcoholic. Alcoholism is a severe and potentially fatal condition caused by
physical dependence on alcohol. It impairs physical and mental health.
The strength of any alcoholic beverage depends on the percentage concentrate of ethanol per
volume.
B e v e r a g e P e r c e n t a g e o f E t h a n o l %
M o s i l a r g e r 4 . 5
O h l s s o n s l a r g e r 5
C a s t l e l a g e r 5
C h i b u k u 4 6
W i n e 1 2 2 0
K a c h a s u ( t r a d i t i o n a l 2 5 6 5
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Civic Education Notes
S p i r i t s 3 3 4 5
Effects of alcohol
Increase blood pressure and heart beat
Causes violent behavior
Affects the brain
Causes the disease of the liver called cirrhosis. The liver becomes fatty and enlarged
causing inflammations. This condition causes nausea, loss of appetite, abdominal
discomfort, jaundice and death.
Makes one feel warm even when in reality one is losing heat. This may lead to
hypothermia which abnormal high temperatures.
Distorts perception of time and space as it affects sight where one can have double or
multiple vision or blurs (unclear objects)
(b) Tobacco
Tobacco contains nicotine, carbon monoxide and tar which are harmful to the human
body.
(i) Nicotine – It is a colorless, harmful drug. If taken in small doses it acts as a stimulant
and speeds up the transmission of nerve impulses. In large doses, its slows down nerve
impulses and reduces heartbeat.
(ii) Carbon Monoxide -It is deadly gas that affects the bloods ability to carry oxygen around
the body. It also affects the action of the Cilia (hairs) that line the respiratory passages
by inhibiting their function. Constant exposure to smoke can destroy the cells that
produce the cilia and mucus in the respiratory tract there by making a smoker more
susceptible to respiratory infections.
(iii) Tar- Contains a number of substances that can cause cancer.
Effects of Tobaccon
Bronchitis
Emphysema- Lung disease which affects breathing.
Heart disease nicotine increases the heart beat and so wears down the heart.
Cancer – smoking causes about 90% of deaths from cancer
Blood clots and stomach ulcers.
damage the unborn babies
Shortness of breath
Colds, flue and other infections
Non- smokers inhale smoke which make them passive smokers
Deforestation. Due to the process or drying and curing tobacco.
(C)Inhalants
Inhalants are substances that include volatile solvents and gases. The volatile substances are found
in household products such as glue, paint, nail polish, powdered tobacco, tipex, petro, rubber and
lighter fluid.
Inhalants are usually sniffed from an open container or rag soaked in a substance. When the
substance is inhaled, the lungs allow rapid absorption as a result entry into the brain is fast and
produces intense intoxicating effects.
The following are some of the effects of inhalants:
Depression of the central nervous system. (Reducing breath rate and
Causing high blood pressure.
Headaches, nausea, slurred speech and loss of motor coordination.
Rash around the nose and mouth.
Unpredictable behaviour.
Memory impairment and attention deficit.
Liver and kidney abnnormalities.
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Civic Education Notes
(D) Drugs
A drug is any substance which alters the chemistry of the body and affects the natural balance of
the mind and emotions. Drugs can either be natural or synthetic chemicals. Natural drugs are those
which are found in certain plants. For example, caffeine in coffee, nicotine in tobacco and tetra
hydro cannabino (THC) in cannnabis.Panadol, aspirin and morphine are manufactured drugs and are
therefore called synthetic drugs
1. Cannabis
This is a hard brown material or herbal mixture that comes from a cannabis plant. The drug has
several street names like draw, blow, weed, hash, pot bang, spliff, dope, puff, shit and ganja.
Cannabis can be in three forms:
Marijuana: This comes from the dried leaves, flowers or stems of the cannabis plant. It has a
concentration of delta-9-tetrahydocannabinol (THC) of about 0-12%.
HASHISH: This is made from the dark, sticky resin of the plant and contains THC of about
12-18%.
Hashish oil: This is made by compressing hashish to produce oil using a solvent. The
concentration of THC is about 18-25% and is much higher than that of marijuana and
hashish.
Effects of Cannabis
Cannabis may affect users in the following ways;
Causing craving for certain foods (increasing appetite).
Making most users relaxed or talkative.
Making users paranoid and anxious, depending on their mood and situation.
Causing health problems such as cancer and respiratory disorders.
Affecting the reproductive system by reducing sperm count in males while irregular
menstrual cycles in females.
Affecting memory and coordination.
Leaving users feeling exhausted.
2. Heroin
Heroin is a brown or white speckled powder made from juice extract from the unripe capsule of the
poppy plant. The seed capsule of the green opium produces a milky juice (latex) from which many
drugs can be made such as morphine and codeine. Morphine is used for medicinal purposes, for
example, to ease severe pain. However, it is dangerous when not used properly.
The opium plant from which heroin is made is grown mainly in the mountains of south west Asia,
Afghanistan, turkey, Burma, India and china.
Heroin is mainly taken by smoking, sniffing, swallowing or injecting straight into the veins. The drug
is known on the street as brown sugar, smack, skag and horse.
Effects of Heroin
The following are the effects of heroin:
Alertness at first, then drowsiness and drunken appearance.
Depresses some brain cells or stimulates other types of brain functions leading to disturbed
pattern of nerve activity, perception
(3) Cocaine
Cocaine is white powder made from the leaves of a Coca bush. It is one of the oldest drugs which
were used in religious ceremonies for meditation and as an aid to communicating with nature. The
coca plant is mainly grown in coastal plains of the Atlantic Ocean and the Caribbean Sea.
Cocaine is usually smoked, though it can be injected into the blood. It can also be taken orally by
mixing with liquid or in a capsule form.
Effects of cocaine
menstrual circles
Transmission of diseases such Hepatitis and HIVAIDS by using hypodermic needles
Over alertness and elevation of mood
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Dry mouth
Sweating
Severe weight loss
Exhaustion and lack of sleep insomnia
Digestion problems
Ulceration of the nasal passage
Heart6 and blood circulation problems
Death due to overdose
Irregular
REASONS FOR SUBSTANCE ABUSE
Curiosity: Some people are tempted to try out substances. They would like to taste
how it feels, like to take substances.
Peer pressures, some young peopled end up taking substances because they want to
do what their friends are doing. They want to fit in or conform to their peer group.
Ignorance: Some people begin to take substances on experimental basis and may not
be aware of the dangers of the substance they abuse.
Stress: Adolescence can be a particularly difficulty period. One may be under a
conflicting pressure from parents, school, friends and many difficulty choices mighty
have to be mad. Adolescence can as well be a time frustration and boredom; as a
result, young people are usually vulnerable to peer pressure.
Availability of substances: There are a number of substances that are readily available
on the market. These include: alcoholic beverages and solvents such as glue, tipex
and methylated spirits
Changing social structures: A family is a unity that serves as a support group for its
members. When a family begins to change in a negative way, for example: loss of a
family member, some people may end up seeking consolation in certain substances.
Alienation: We have the sense of belonging to a family, group, community or country.
When we fee isolated we try to find a group to belong to by associating with people
who also fell isolated.
Unemployment: In Zambia, we have high levels of unemployment. Young people are
also un able to find employment despite some having despite some having relevant
qualifications
Lack of Recreational Facilities: Recreation facilities are lacking in Zambian
communities. Young people have nowhere to spend their leisure time as a result they
may resort to substance abuse
Enhancement of self-confidence: Some believe that taking substances may help them
to improve in their self confidence in sports, sexual intercourse examinations and
other activities.
Possession of certain objects may also indicate substance abuse. These include the following
Syringes and needles
Small plastic or glass bottles
Pill boxes
Plastic cellophane or metal foil wrappers
Straws
Sugar lumps
Foil containers or metal tins usually discolored by heat
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Civic Education Notes
AVOIDING SUBSTANCES
Say no thanks: If you are offered dangerous substances always say no thank you.
Giving reason or excuse: Always give a reason for declining an offer
Changing the subject: If someone is enticing you to use dangerous substances you should
change the subject to discourage him or her
Walking away: You can also walk away to avoid being tempted to take dangerous substances
Avoiding the situation: If you know places where they abuse substances stay away fro such
places.
Associating with non-users: Make yourself always busy by doing something like sports,
reading, school work etc. to avoid being tempted to abuse.
Individual Level
A substance abuser is likely to experience health problems
Relationships with friends and family may become strained as a result of substance abuser
may not have support of from the loved ones
People who abuse substances risk heavy fines or imprisonment.
Family Level
Most substance abusers tend to spend a lot of money to sustain the habit and end up
neglecting their families
Substance abusers cause disruption and disharmony within the family. Hence everyone in
the family is affected.
Young people in homes where they abuse substances they think substance abuse is normal
and accepted in society hence they get influenced and become abusers
Community
Substance abusers tend to commit crimes such as murder and aggravated robbery in order
to acquire more money to support their habit
Other may be involved in vices like prostitution and drug trafficking
The spread of HIV/AIDS is likely to become rampant among abusers especially if they are
using needles
Abusers who become terminally ill it is the community that usually take care of them
There is also loss of money in terms of production in industry accidents, violence crime,
treatment and rehabilitation and care for substance abusers.
International Level
Increase in drug trafficking
Money laundering is also common in drug trafficking, drug traffickers use their money to
destabilize governments through corruption, intimidation, violence and buying of the votes.
Governments of many countries they spend a lot of money trying to eradicate drug
trafficking
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Civic Education Notes
Educating the people: people should be educated on the dangerous effects of substances and
need to control the use of these substances any how
Taking keen interest in what is going on his or her community: programmers driven by the
community should focus on reducing the availability of drugs and substances.
Changing people’s attitudes toward substance abuse: this can be done through
entertainment such as poems, drama and debate
Establishing groups and clubs: This may include anti-drug abuse clubs and community
rehabilitation centers that help individuals and families affected by substance abuse.
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GRADE 11
CHAPTER 1
HUMAN RIGHTS
The National Bill of Rights
The Bill of Rights is a list of fundamental rights and freedoms covered in Part III of the Constitution of
Zambia which is the Supreme Law of the Land. This is the country’s
Referendum refers a main instrument of protecting the rights and freedoms of the
political question to a individual. The Bill of Rights in Zambia is entrenched in the
popular vote. Constitution and hence cannot be easily amended because of the strict
amendment requirements. It can only be amended after a national
referendum in which not less than two thirds or 50% of the eligible
voters vote in favour of the amendment.
The Constitutional Provisions in the Bill of Rights largely reflect provisions contained in the
International Bill of Rights such as:-
As a member of the International Community, Zambia committed herself to respecting human rights by
acceding to the International Convention on Economic, Social and Cultural Rights (ICESR) and the
International Convention on Civil and Political Rights (ICCPR). She also ratified various international
conventions such as the Convention on the Elimination of all forms of Discrimination Against Women
(CEDAW), Convention on the Rights of the Child (CRC) Convention on the Elimination of all forms of
Racial Discrimination (CERD) and the Convention Against Torture and other Cruel and Degrading
Treatment or Punishment (CAT).
Zambia has had a Bill of Rights since 1964. Its history is outlined as follows:
The Bill of Rights was incorporated for the first time in the Northern Rhodesia Self-government
Constitution of 1963. It was reproduced with minor amendments in the 1964 Multi-Party
Democratic (Independence) Constitution.
The 1972 Chona Commission recommended the introduction of One Party Participatory
Democracy which was affected the following year in 1973. This amendment in the Independence
Constitution limited the enjoyment of the rights and freedoms of individuals.
The 1996 Mwanakatwe Commission also made a few amendments to the 1991 Constitution.
However, the Bill of Rights was left intact.
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Civic Education Notes
The current Bill of Rights forms part III of the Constitution which covers articles 11 to 32. Its preamble
in Article 11 is a general declaration of the rights every person in Zambia is entitled to regardless of race,
place of origin, political opinion, colour, creed belief, religion
Preamble: An introduction or
sex, or marital status. However, the article preliminary statement to a legal states that these
rights and freedoms are subject to limitations document. based on the
affordability or availability of state resources determined by
cabinet, and as long as their enjoyment does not prejudice the
rights and freedoms of other citizens. The following are the
fundamental rights and freedoms covered in Zambia’s Bill of
Rights:
This right is described as the Supreme Human Right as it forms the basis of other rights. It
protects the life of an unborn child, implying therefore that termination of pregnancy is prohibited
except in cases permitted by law. Furthermore, it places obligation on both the state and the
individual to ensure protection of life.
To a large extent, the right deals with the procedure for arrest and detention which curtails the
freedom of movement of an individual. The liberty of a person here refers to the bodily movement
in the narrowest sense. Persons should not be arbitrarily and unlawfully deprived of liberty.
Slavery and forced labour prevents the liberty and freedom of the individual as a person has little
say over oneself. The State is under obligation by ICCPR to
prohibit by law any forms of slavery like practices Servile: Slave such, as human
trafficking, serfdom, exploitation of children and associated practices servile forms of
marriage except -:
Extradite: to hand over a This article states that the right to freedom from torture, inhuman
foreign criminal to their own or degrading treatment is absolute. In 1984 the United Nations
state for prosecution.
General Assembly adopted the Convention against Torture
(CAT). Under this convention,
State parties Prosecute: To start legal have an obligation to
extradite or proceedings against a prosecute torturers.
suspect.
Article 16: Protection from deprivation of property
The constitution makes a provision for protection from deprivation of property except in cases
permitted by law under the following circumstances:
- failure to pay tax, rate or due and
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Civic Education Notes
- Any other penalty for breach of any law either under civil process or after conviction of an
offence.
The article makes a provision for protection of privacy of home and other property. It prohibits
the search of a person, his/her property or entry of premises without consent except as established
by law.
The article gives provisions to secure protection of the law for any person charged with a criminal
offence. It deals with administration of justice relating to pre-trial test and detention. This is to
ensure:-
The article guarantees freedom of thought and freedom of religion which may also imply freedom
to change religion or belief; either alone or in a group with other people, and both in public or
private in the form of worship, teaching and observance.
Article 20: Protection of freedom of expression
Individuals or groups have guaranteed freedoms to:
- Hold opinions without interference.
- Receive ideas and information without interference.
- Impart and communicate ideas and information without interference.
- Exchange information through correspondence without interference.
Article 21: Protection of Freedom of assembly and association
Under this article, every citizen has a right to:
- Assemble freely and associate with others.
- Form or belong to any political party, trade union or other association for the protection of
one’s interest.
Article 22: Protection of freedom of movement
This article guarantees freedom to:-
- Move freely throughout Zambia.
- Reside in any part of Zambia.
- Leave Zambia and to return to Zambia any time.
However the right to freedom of movement may be limited under a state of emergence and to a person
serving a sentence of imprisonment.
Article 23: Protection from discrimination
The article provides for protection from discrimination on grounds of race, ethnic, sex, place of
origin, marital status, political opinion, colour creed or belief. Under this article, no one is
allowed to discriminate another person or group of people whether privately or when carrying out
public duties.
Article 24: Protection of young persons from exploitation
This article: prohibits engagement of young persons in any occupation or employment which
would prejudice one’s health or education or interfere with physical, mental or moral development.
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- Ensures protection from physical ill treatment of all forms of neglect, cruelty and
exploitation.
- Prohibits trafficking of young persons.
Article 25: derogation from fundamental rights and detention
The article provides for derogation Derogate: To reduce or lessen from fundamental
rights and detention in times of war or the strength or authority of a public emergence.
However, not all articles are right. derogable.
Derogative provisions are covered in articles 13, 16, 17,
19, 20, 21, 22, 23, and 24, while Articles 12, 14, 15
and 18 are non-derogable. The constitutional provisions for the protection of fundamental rights
and freedoms clearly state that such rights and freedoms are subject to limitations designed to
ensure that the rights and freedoms of others are secured and that public order and peace is always
maintained.
Article 26: Provision Relating to Restriction and Detention
The article largely deals with the provision relating to the rights of restricted and detained
persons. One has the right to be informed in writing in a language that he/she understands within
14 days of detention. The Information should be published within this period, indicating place of
detention and provision under the law that indicates that the detention is authorised. After three
months, a detainee may have the case reviewed by an independent and impartial tribunal
established by law. During this time, one has the right to consult legal representation and be
present during proceeding or send a representative.
Article 27: Special Tribunal to Report on Legislation
Under this article, members of parliament can arrest
(stop) a bill which infringes on the Gazette: Government periodical Bill of Rights. The
article further makes a provision for that contains legal notices, and the appointment of a
special tribunal of two judges by the bulletins of official appointments Chief Justice. The
role of the tribunal is to report on a and promotions. bill or statutory
instrument which may not be consistent with the
constitution. Such a tribunal can only be established if
not less than thirty members of the National Assembly
make a report on a bill or statutory Instrument. In case of a bill, the request must be delivered to the
Speaker within three days before presentation of the bill in Parliament.
For a request concerning a statutory instrument, it must be delivered to the relevant authority within
fourteen days of the publication of the Instrument in the Gazette.
Article 28: Enforcement of Protective Provisions.
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Civic Education Notes
These articles deal with special powers of the Republican President such as declaration of war and
declaration of the State of Public Emergence.
The enjoyment of the rights and freedoms guaranteed in the Bill of Rights is subject to a number of
restrictions and limitations outlined as follows:-
Obligation: requirement by law to
perform a certain duty. The preamble to the guaranteed rights and freedoms in
article 11 does not include the obligation of the state to ensure
that the rights and freedoms are safeguarded, but simply makes a
provision for their enjoyment. The Bill of Rights lacks a clause
which should give an obligation to the state to ensure the
enjoyment of the protected rights and freedoms.
The right to life covered in Article 12 is not absolute because the death penalty has not been
abolished in Zambia. Furthermore, the exercise of self-defence which may lead to the death of
another individual is not considered a violation of the right to life. In addition, the death penalty is
imposed for most serious crimes and on exceptional measures. For example, persons below 18
years and pregnant mothers are exempted from death penalty regardless of the seriousness of the
crimes committed.
Article 16 on the right to protection from deprivation of property contains about twenty six
derogations which are extremely wide. For example, under the lands Acquisition Act, the
President is empowered to compulsorily acquire “property” of any description in the Public
interest. Similarly, the Societies Act gives the Minister of Home Affairs or the Registrar of
Societies authority to cancel the registration of any society in the public interest. In addition,
under the State Proceedings Act, for instance, no injunction can be issued against the state, nor
can a Writ of FieriFacias be issued against the state.
Examples of other rights that have wide derogation clauses include:
- Freedom of conscience.
- Freedom of expression.
- Equal protection of the Law.
- Freedom of assembly and association.
- Freedom of movement and
- Freedom from discrimination.
These clauses allow the Legislature to enact laws that may result in taking away the guaranteed rights.
This has weakened the provision in the Bill of Rights.
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However, due to the cumbersome long procedure and other factors like poverty and ignorance,
very few people can take action. This restriction on Locus standi has had adverse effects on
constitutional litigation, hence rendering the Judiciary a weak institution.
Gender Biasness
The Bill of Rights lacks a gender neutral language. It is biased towards males since it is expressed
in masculine terms such as ‘he’, him or “his” in describing an individual or citizen who is entitled
to the guaranteed rights. However, Zambia is a signatory to the International Convention on the
Elimination of all forms of Discrimination against Women (CEDAW), which is focussed on the
promotion of gender equality. Therefore, the language used in the Bill of Rights should be gender
neutral.
- Group Rights
The group rights are also inadequately covered in the Bill of Rights. For example, the right to clean
and health environment for the community is not acknowledged.
- Lack of guarantee to democratic rights
The constitution does not reflect strong commitment to democracy or representative government.
Only a small fraction of the Zambian population has power to authorise the constitution. Although
the Bill of Rights is enshrined in the Constitution, it does not guarantee everyone franchise or the
right to vote. For example, franchise is discriminatory to persons under eighteen (18) years of age,
the blind, prisoners and those abroad and are not able to travel back to vote on polling day.
- Lack of Protection Against Torture
The Bill of Rights provides for the due process of law, but apparently, it does not protect persons
against torture or inhuman treatment. According to the Convention against Torture (CAT) which
Zambia is a party to, all torturers must under state obligation be either extradited or prosecuted.
- Language
The Bill of Rights is written in a highly technical language which is very difficult for an ordinary
person to understand. There is need for a provision of guidelines on the interpretation of the
information contained in the articles.
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Despite the fact that Zambia has ratified all major International Human Rights Treaties, most of
them have not been incorporated in the domestic legal system. Hence they cannot be enforced in
the courts. For example, the Economic, Social and Cultural Rights are entitlements associated
with the Welfare State. However, even though they are enshrined in the Bill of Rights they are not
constitutional which means they cannot be enforceable because they are not justiciable.
Therefore, no citizen can go to a court of law to sue government on the grounds that they have
been denied a right to health or education.
All communications involving constitutional disputes should be taken to the High Court.
Therefore, a person who is aggrieved due to the violation of his/her fundamental rights, can
petition the High Court for redress. The High Court is vested with jurisdiction to issue writs on
lodged claims and to give direction as it considers appropriate in securing the enforcement of any
of the provisions of articles 11 to 26. However, if a person is aggrieved by any determination of
the High Court, he/she may appeal to the highest court of appeal which is the Supreme Court
provided the case is not frivolous or vexatious.
The Judicial Review under Order 53 of the Rules of the Supreme Court is another popularly used
mechanism. This mechanism is applicable when the Judiciary checks on whether the Legislature
and the Executive are exercising their powers within the constitution. Under this mechanism,
there are applications for Habeas Corpus or Writ of Certiorari.
The latest mechanism introduced in article 125 of the Constitution is the use of the Permanent
Human Rights Commission (PHRC) which acts as a watchdog to the courts in enforcing human
rights. Under the Human Rights Act No. 39 of 1996, the Commission has a mandate to monitor
violations of human rights through investigation and public hearing. It also recommends and
facilitates mediation and conciliation in enforcing human rights.
The office of the Investigator General, who is also known as an Ombudsman, equally enforces
human rights claims. The Investigator General is the Chairperson of the Commission for
Investigations. Any person is free to write to the Investigator General to lodge complaints about
human rights violations. The commission carries out investigations on peoples’ complaints about
corruption and other cases of abuses and violations of human rights in the Civil Service. When the
truth is established, the Investigator General gives advice to either the Police or courts to take
action.
The Media, Civil society, Parliament, the Law Association of Zambia (LAZ) and Trade Unions
are also involved in monitoring human rights violations. They supplement the work of the
Judiciary.
There are several government institutions and non-governmental organisations that promote human rights
in Zambia. Some examples include the following:-
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The Judiciary
The Judicial system in Zambia consists of the Supreme Court the High Court, the Industrial Relations
Court, Subordinate Courts, Local Courts and any other courts as may be prescribed by an Act of
Parliament. These courts play a vital role in promoting human rights. When carrying out their judicial
functions, the judges of the courts are independent, impartial and subject only to the constitution and the
law.
Anti-Corruption Commission
The Anti-Corruption Commission is an autonomous government institution which helps strengthen
human rights through its fight against corruption. Through its investigation and prosecution approach, the
Commission undertakes investigations into any reported corruption cases which may also be centred on
human rights violations. In case of evidence being established, prosecution follows. However,
prosecution is subject to the Director of Public Prosecutions who may decide to refer the case to court.
Those convicted are either fined or imprisoned for a specific period.
The Zambia Police is a government institution that is charged with the responsibility of maintaining law
and order in the country. It also works closely with the courts in administering social order and justice.
Through the Victim Support Unit, the Police provide service to the community by promoting and
protecting the rights of the victims of abuse or torture. Law breakers are apprehended, arrested and
prosecuted accordingly.
The Catholic Centre for Justice Development and Peace is a Faith Based Organisation (FBO) inspired by
Gospel values and the social teaching of the Catholic Church. It promotes integral human development,
economic justice, human dignity and empowerment of the less privileged in society. This is mainly done
through concretization, advocacy, research and training and capacity building.
The project was established under the support of Finland. Its main objective is to fight against various
forms of injustices which have affected the plight of the widows and orphans. In collaboration with other
Non-Governmental Organisations, the Project has managed to:
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National Legal Aid Clinic for women provides affordable legal aid to the vulnerable members of society
especially women and children. This is done through litigation, arbitration and intervention in cases
which have impacted negatively on the less privileged in society.
Society for Women and Aids in Zambia was formed to address issues of women and children’s rights. It
is aimed at reaching out to the community to ensure grass-root participation in sensitisation, educating
and creating awareness among women and children regarding the HIV/AIDS pandemic and related
problems. In order to achieve its objective, the organisation has widely embarked on education, training
and counselling programmes.
The Young Women Christian Association (YWCA) of Zambia is a faith Based Organisation (FBO)
which is dedicated towards uplifting the standards of life of women and children. Its objectives are to:-
- Promote women’s rights.
- Advocate for children’s rights.
- Provide economic empowerment of the less privileged by training them in income generating
skills.
In addition, YWCA runs Drop in Centres, Children in Crisis Centre and Human rights Centres. It also
provides advocacy and public education on matters of human rights and reproductive health.
The vision of Amnesty International is to ensure that every person enjoys all of the human rights
enshrined in the Universal Declaration of Human Rights and other international human rights
conventions. In pursuing this vision, Amnesty International undertakes research and action focussed on
preventing physical and mental abuses of human rights. In addition the movement endeavours to promote
integrity, freedom of conscience and expression and freedom from discrimination. Amnesty International
does not seek or accept any funds from governments to carry out its work on campaigning against human
rights violations.
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Monrovia, Liberia, in July, 1979. the African Charter on Human and Peoples’ Rights which was adopted
under the auspices of the OAU was subsequently established in 1981. It came into force in October,
1986.
The African Charter has an established system for the protection and promotion of human rights. This
system is designed to function within the institutional framework of the OAU which is now called the
African Union (AU). The provisions of the charter are a reflection of the United Nation (UN) human
rights instruments and are based on African traditions.
Unlike the European and American Convention on Human Rights, the provisions in the African Charter
safeguards the rights of individuals as well as peoples’ or groups such as, the minorities, refugees,
handicapped, orphans and those infected and affected by the HIV AIDS pandemic.
Rights
Individual Rights: These are enshrined within the International Convention on Civil and Political Rights
(ICCPR) and the International Convention on Economic, Social and Cultural Rights. (ICESCR).
People’s Rights
These are rights which are enjoyed as a group. They are also called Group Rights or Third Generation
Rights. They include rights to:-
Self determination
Economic, Social and Cultural Development
National and International Peace and Security
Environment
Sovereignty over the environment and it’s resources
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Duties
These include duties of individuals or groups towards family, society, state or other legally recognised
communities and the International Community.
State Obligations
State Parties are obliged to:-
Recognise the rights enshrined in the Charter.
Adopt legislative and other measures for their effectiveness.
Submit state reports on legislature and other measures.
Undertake human rights training and awareness programmes.
Ensure independence of the Judiciary.
Establish national institutions to promote and protect human rights.
The African Commission on Human and Peoples Rights was established under Article 30 of the Charter.
The Commission is composed of 11 members elected by the AU Assembly of Heads of States and
Governments from a list of names presented by the State Parties. These members must have a sound
legal background and must possess characteristics of high morality and integrity. They serve the
commission in their personal capacity.
In order to promote human and people’s rights, the Commission’s functions are to:-
Ensure the protection of human and people’s rights under the conditions laid down by the present
charter.
Collect documents, undertake studies and research on human rights violations in Africa.
Disseminate information through seminar’s, symposia and conferences and to make
recommendations to governments.
Formulate and lay down principles and rules aimed at solving legal problems relating to human
and people’s rights and fundamental freedoms which are the basis of African Government’s
Legislature.
Network with other African and International institutions concerned with the promotion and
protection of human and peoples rights.
Interpret all the provisions of the present charter at the request of a state party, an African Union
(AU) institution or any African Organisation recognised by African Union.
Perform any other tasks entrusted to the Commission by the Assembly of Heads of State and
Government.
Principles
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The Commission is guided by the International Law on Human and People’s Rights in relation to
the following provisions:-
- Various African instruments on Human and Peoples Rights.
- The charter of the United Nations.
- The Universal Declaration of Human Rights.
- Other Instruments on Human and Peoples’ Rights adopted by the United Nations and by African
States.
The Commission shall determine principles of Law, setting standard of African practices
consistent with international norms on human and People’s Rights and customs generally
accepted as law by African States.
Each State Party shall undertake to submit a report on Legislation or other measures taken. This is
to ensure the Implementation of the rights and freedoms recognised and guaranteed by the
Charter.
The Charter shall be open to signature, ratification or adherence by the member states of the
African Union.
The Permanent Human Rights Commission was established by an Act of Parliament No. 39 of 1996. It
came into force in May, 1997. The aim was to revisit Zambia’s Human Rights record in order to promote
positive Human Rights Culture in the country. The Commission is an autonomous body which is Not
subject to direction or control of any person or authority when discharging it’s duties.
The Commission is made up of the Director, Deputy and five Commissioners who are appointed by the
President, subject to ratification by Parliament. The tenure of office of these positions is three years
though renewable. A position can be lost through resignation or dismissal.
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Recommend to courts of law prosecution of any person found by the Commission to have
perpetuated abuse of human rights.
A r t i c l e 5 :
Each person has the right to respect for his/her dignity and legal status. No form of exploitation or degradation is al owed, especial y not slavery, torture, inhuman or degrading punishment and treatment.
A r t i c l e 4 :
No one has the right to treat you as a slave nor should you make anyone your slave. A r t i c l e 7 :
Each person has the right to a fair hearing and a fair trial in a proper court. No one may be punished until he/she is proved guilty of breaking the law. No one may be punished for another person’s crime.
A r t i c l e 1 2 :
Each person has the right to move freely inside and outside his/her country as long as he/she fol ows the law. Any person may get lawful asylum in other countries if he/she is persecuted.
A r t i c l e 1 1 :
Everyone should be considered innocent until guilt is proved. A r t i c l e 1 2 :
Each person has the right to move freely inside and outside his/her country as long as he/she fol ows the law. Any person may get lawful asylum in other countries if he/she is persecuted.
A r t i c l e 1 4 :
Each person has the right to own property, except when it is against the law because of public need or the general interest of the community.
A r t i c l e 1 1 :
A r t i c l e 1 3 : All people have the right to meet or assemble freely, as long as they do not break the law and do not disturb the rights and freedoms of others.
Everyone has the right to travel as they wish.
A r t i c l e 1 5 :
Each person has the right to work under good conditions and to equal pay for equal work.
A r t i c l e 1 7 :
Each person has the right to education and cultural life. The State has the duty to protect and promote morals and traditional values recognised by the community.
A r t i c l e 1 4 :
Everyone has the right to go to another country and ask for protection if they are being persecuted or are in danger of being persecuted.
A r t i c l e 2 8 :
A r t i c l e 1 7 :
Each person has the duty to respect others no matter who they are.
Everyone has the right to own property and possessions.
A r t i c l e 2 0 :
Everyone has the right to take part in meetings and to join associations in a peaceful way.
A r t i c l e 2 3 :
Everyone has the right to work for a fair wage in a safe environment and to join a trade union.
A r t i c l e 2 6 :
Everyone has the right to go to schoo l
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A r t i c l e 2 9 :
Everyone must respect the rights of others, the community and public property.
CHAPTER 2
it is not profit-making.
Draws membership from formal and informal organizations and associations.
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7. RELIGIOUS ORGANISATION. These are organizations formed by Christian churches and other
religions.
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MEDIA
- The word media simply means medium, meaning go between.
- Media, therefore refers to all technical devices used to disseminate information to the
public
- Mass media refers to different means of disseminating information to people
TYPES OF MEDIA
There are two types of media.
a) Electronic media.
b) Print media.
PRINT MEDIA
This is the type of media that depends on printed materials to disseminate information to the public.
Example, the Post newspaper, Times of Zambia, National mirror, Daily mail and Sunday Times.
ELECTRONIC MEDIA
This type of media depends on electronic methods to disseminate information to the public. Example
Radio Phoenix, Zambia National Broadcasting Corporation (ZNBC). Radio Chengelo.
CLASSFICATION OF THE MEDIA
Media can either be classified into two according to ownership.
PRIVATE MEDIA. This is a media which is owned and controlled by private individuals.
PUBLIC MEDIA This is a media which is owned and controlled by the state.
NEWS AGENCIES
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These are institutions specialized in collecting and supplying information to media institutions.
Example Zambia Information Services, Zambia News Agencies.
HOUSE OF CHIEFS.
-This consists of 27 traditional leaders. Each of the province’s in Zambia elect three traditional
leaders to represent them in the house of chiefs.
- The term of office for an elected chief is 3yrs there after can be re – elected for a second term but
can not re – contest for a third term
- The house of chiefs elects the chair person and the vice chairperson from among themselves.
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In general the tern civil society refers to those non military, non-governmental organizations that
make it their business to promote and defend the basic ideals of good governance. It includes every
non military individual outside the government.
1. International Organizations
These include the following;
Women In Law and Development in Africa (WILD)
Women In law In Southern Africa (WILSA)
Inter African Net work for Human Rights and Development (AFRONET)
Transparent International Zambia (TIZ)
The Media Institute of Sothern Africa (MISA)
These organizations are referred to as a chapter.
A chapter is a branch of an international Civil Society Organization.
2. Pressure Groups
These are organizations formed to influence government policy and decisions on a particular
subject. They are also known as Interest groups. Examples include, Oasis Forum and Citizens
Forum.
3. Civic Organizations
Are concerned with issues Civic Education, Human Rights and Good Governance. They include;
Zambia Civic Education Organization (ZCEA)
Foundation for Democratic Process (FODEP)
Anti- Voter Apathy Programme (AVAP)
Non Governmental Organizations coordinating Committee (NGOCC)
Operation young vote (OYV)
The National Movement against corruption (NAMAC)
4. Women’s Groups
These are concerned with promoting and protecting women’s rights. They include;
Women For Change
National women’s Lobby group. (NWLG)
Young women Christian Association (YWCA)
Young Men’s Christian Association (YMCA)
Zambia Alliance of women (ZAW)
Forum for women Educationalists of Zambia (FAWEZA)
Women in Development
5. Professional Associations
These are formed by people in particular profession to promote and protect their interests. They
include;
The Law Association of Zambia (LAZ)
Women in law and Development in Africa (WILDAF)
Zambia independent Media Association (ZIMA)
Press Association of Zambia (PAZA)
6. Industrial Organizations
These are primarily formed by people in the same industry to safe guard interests. Examples
include;
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THE MEDIA
The Media comes from the word medium meaning go between.
Mass Media refers to technical devices that make it possible the dissemination of information to
large number of people
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News Agencies
These are media institutions which collect and supply information to media institutions. Examples:
Zambia New Agency
Zambia News and information service
Reuters
Xinhua
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House of Chiefs
The house consists of 27 chiefs from each of then the nine provinces. The term of office for the
elected chiefs is three years but a member can be re-elected for a second term. The house elects a
chairperson and the vice who take an oath of allegiance (Loyalty to the president.)
Economic Development
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Economy is any action that has to do with the production of goods and services. Economic
Development means increase in a country’s productive capacity such as the real National income or
Gross Domestic Product (GDP) over a Period of years.
This comes about as when there is a big change in the economy such as:
Expansion of agriculture
Producing surplus products for export
Expansion of manufacturing
Industry to process various products within the country
Improvement of technologies such as efficient tools and machines
Research on new technologies
Improved skills leading to increased production of goods and services
Social Development
This refers to the improvement in the standard of living of the people.
Social development covers a lot of things and the following are some examples:
Human Rights
Good governance
Access to education and health care
Ensuring that an individual has opportunities and choices to fulfill his or her potential.
Lack of Social Development leads to Poverty.
Poverty
Poverty is a condition of being poor. A poor person is one who has no sufficient money of resources
to afford the basic needs such s food, clean and safe drinking water, clothes and housing. Poverty is
the biggest obstacle to human security. Therefore the biggest challenge to social development is the
fight to contain poverty particularly in rural areas and to ensure that the population receives all
essential services it requires.
2. Wants
These are things that we can easily do away with. They are luxuries such as alcohol, furniture,
motor vehicles, etc. they are not really essential for proper function of the body.
Factors of Production
These are things that are necessary for production to take place.
Production refers to any activity that helps to satisfy wants. There are four Factors of Production
and these are Land, Labour, Capital and Enterprise.
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1. Land
Land comprises those resources made available by nature or simply natural resources such as:
Agricultural areas
Natural grass lands, wood lands and forests
Deserts
Oceans lakes, seas and rivers
Chemicals of the earth’s crust and the atmosphere
2. Labour
Is human effort either physical or mental, which directed at the production of goods and services.
Labour is not only a factor of production but also the reason why economic activities are carried out.
It is the products of labour that are bought and sold and not labour itself.
Types of Labour
1. Skilled Labour: This is labour that is professionally trained, like doctors, lawyers teachers
accountants, etc.
2. Semi SkilledLabour: This is labour acquired by people who for example, obtain skills to do
something at a very short time for example six weeks or any period less than one year. For
example drivers, painters, etc.
3. Unskilled Labour: This is labour that requires little specialized training for example farm
laborers, cleaners and garden boys.
Efficiency of Labour
This refers to the maximum and effective use of labour without waste.
The following are some of the factors which improve, or under which the Efficiency Labour is
dependant upon:-
Education and training: A person who is educated and has sound technical training would be
more effective than one who lacks knowledge.
Working conditions: The efficiency of labour is influenced by good working conditions and a
favorable working environment for example, a living wage, good sanitation and well
ventilated work place.
Welfare Services: Welfare services are provided to a worker such as medical care, transport,
and housing.
Motivation: This involves various incentives such as monetary reward, as a means of
stimulating
3. Capital
Capital is human made resource. It refers to the physical assets created in the past and are
available for present use. It includes machines and industrial buildings that contribute to production.
Types of capital
1. Working Capital: This is money a business must have in order to meet its day to day
expenses such as paying for raw materials, electricity/water bills, workers salaries, It also
includes money owed to the business by debtors.
2. Fixed Capital: This refers to physical assets such as land, transport, buildings, machinery and
equipment. It also refers to money used to start a business. This type of capital does not
change its form during production.
4. Entrepreneurship
The word Entrepreneurship is derived from the word Entrepreneur. An Entrepreneur is simple a
person who starts a business. In order for land, labour and the capital to produce anything, there
must be a person or persons who will organize these factors so that production can take place, and
the Entrepreneur does this.
CAPITAL ACCUMULATION
Capital accumulation means increasing the production of capital goods in addition to what the
country already has, at the time it means the reduction in the production of consumer goods.
Economic development largely depends on the rate of capital accumulation.
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BANKING
Banking is an act of saving money in a financial institution called a bank. Banking helps in financing
of trade activities, or transfer of funds from one person to another or one institution to another.
Types of Banks
1. Central Bank
This is the principal financial institution in the country and acts as a regulator of the banking
system. It does not deal directly with the public but rather provides services to the commercial
Banks and the government. In Zambia, the Central Bank is called the Bank of Zambia (BOZ) and it
is owned by the Zambian government.
Commercial Banks
Commercial banks are financial institutions licensed to provide banking services to the public.
Basic functions
1. Collects surplus funds from the general public
2. Transfer funds from one person to another by means of the cheque or credit card.
3. Lend surplus funds at an interest to the customers and other enterprises.
4. Provide money transfer services.
5. Facilitate payment of goods and services.
6. Offer advise on business matters such as investment opportunities, etc.
7. Look after valuables such as jewellery, wills, title deeds, etc.
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1. Current accounts:
These are deposits which are withdrawn on demand and are subject to transfer by cheque.
Such Deposits do not earn interest and banks can make a change for handling the cheques
drawn on the accounts. Holders are also entitled to an overdraft.
2. Deposit Account:
Are deposits which earn interest but which cannot be transferred by cheque or withdrawn on
demand. They include time deposits and savings accounts.
2. Large Fixed Term Deposits:
These are deposits which involve large sums of money. Banks offer rates of interest on large
sums of deposited for fixed period of time such as 30 days, 60 days, 90 days, etc.
INSURANCE
Insurance is a system of protection against all kinds of risk. People buy insurance policies to protect
themselves against the loss of something which is very valuable to them, such as a car, a house, a
farm and a factory.
The insurance company is called the insurer or underwriter and the person taking out insurance is
called the insured. Contract signed between the insurance company and a person insured is called
an insurance policy. The money paid is called a premium. Premiums are normally paid monthly,
quarterly and annually. In return for the payment of a premium an insurer or underwriter agrees to
compensate the insured in the event of his or her suffering a specified loss,
INSURANCE
Insurance is a system of protection against all kinds of risk. People buy insurance policies to protect
themselves against the loss of something which is very valuable to them, such as a car, a house, a
farm and a factory.
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The insurance company is called the insurer or underwriter and the person taking out insurance is
called the insured. Contract signed between the insurance company and a person insured is called
an insurance policy. The money paid is called a premium. Premiums are normally paid monthly,
quarterly and annually. In return for the payment of a premium an insurer or underwriter agrees to
compensate the insured in the event of his or her suffering a specified loss,
Common Risks
Destruction of properly or stock by fire
Losses arising from burglary or other cases,
Goods in transit.
Motor vehicles and third party claims arising out of accidents.
An Insurance Policy is a document setting out the exact terms and conditions of an insurance
transaction, the precise risk covered, the period of cover and any exceptions there may be. Loss
profit due to damage of property or destruction of premises is called consequential Loss.
An Insurance Broker is an independent agent who links clients seeking insurance in touch with
insurers who undertake that type of business. He or she can advise clients which insurers can offer
them the most favourable terms.
A cover is type of insurance a person is asking to take from the insurance company. Some common
insurance covers
Full Third Party: This type of insurance covers all damages, including third party’s property.
It also covers passengers in ones own car except ones immediate family members of
employees.
Comprehensive: This covers all of the above and also damage to one’s own vehicle. Medical
expenses of the driver and passengers will also be paid. It attracts high premium. Careful
drivers are given a reduction in premium called NO Claim Bonus for each consecutive year
the policy runs without a claim against it. This encourages safe driving
Life Assurance
Any insurance covers a risk that may or may not happen.
Assurance covers a risk that is bound to happen for example death. Life assurance can take many
forms. The insurer agrees to pay a certain sum called Sum assured, to a person’s family after death.
The older the person is, the greater the premium is to pay; the younger a person is the less the
premium is to pay.
After premiums have been paid on life policy for a number of years it will have some value. This is
called Surrender value. This is the amount of refund which will be made by an insurance company if
the policy is cancelled
WORK CULTURE
This is the attitude and values of people towards work. Work culture can either be positive or
negative.
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An individual cannot work without being supervised. Sometimes work pends for days or even
months due to laziness and negative attitude towards work.
Lack of pride in ones job leads to negative work culture and also poor workmanship in the
production of goods. Negative work culture destroys a country and makes it poor even when it
has abundant resources.
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A Legal System refers to the Rules which make laws, the institutions that administer the laws, the
principles, ideas, theories, practices, procedures, and techniques that develop over the years in
dealing with the law.
1. Simple: A law has to be written in a language that can be understood by a larger section of
society. The form of language and the level of difficulty should suit the needs of the majority
citizens.
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2. Comprehensive: It should not leave gaps but attempt to cover all possible areas of dispute,
concern or debate. It should anticipate future problems and include them in the laws.
3. Certain: Citizens ought to know clearly what is prohibited by law. A law should not be
ambiguous that is only fully understood and interpreted by small number of people in
society. It is supposed to clear to everyone.
4. Accessible: The law should be available to the members of the public. It should be
affordable. The citizens should be able to have legal representation. If the legal system is not
affordable then it excludes the larger number of people
5. Flexible: Laws have to keep up with social change and therefore, they should change with
time. A law should always change to take care of a new problem. A good law should not
reject change.
6. Of Moral Values: The law should be based on the moral values of society. If laws do not
reflect the society’s core values, citizens are unlikely to respect it
England latter applied these laws to its colonies. Hence it is one of the sources of law in Zambia.
2. Legislation
These are laws enacted by parliament. It is the largest source of law in Zambia. There are three
types of laws made by legislation;
(i) The constitution: It is the supreme law of the land. This means that if any law does not
conform with the constitution then that law becomes void which means invalid. For example
customary law allows girls who have reached puberty to get married. But the constitution
states that any person below the age of 16 is a child and is not old enough to get married. A
man who has married her will have committed a criminal offence of Defilement and her
parents will be charged with Accessory to a crime.
An Accessory to a Crime is a Person who helps in the act of committing a crime or allows a
crime to be committed.
(ii) Acts of Parliament: These are laws made through bills of parliament (national assembly) and
assented to by the president. The process starts with the presentation of the bill and passes
through different stages. The president can either assent or veto. If he withholds assent, the
bill is taken to national assembly. The national assembly can either debate it further or make
changes or it can send it back to the president in its original form. When this happens the
president has 21 days in which to assent or dissolve parliament to pave way for fresh
elections. However if the president assents the bill is gazetted and becomes law.
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3. Case Law
It is the second largest source of law in Zambia. It is also known as Law Reports or Judicial
Precedent. This is when, in disposing off a case, the court refers to how a similar case was
decided upon by a superior court. In Zambia the superior courts are; Industrial Relations
Court, the High Court and the Supreme Court. The three courts handle appeal cases hence
they are known as Appellant courts. Decisions of appellant courts are binding on subordinate
courts and are reported in the Zambian Law Reports.
4. International Treaties
These are international agreements/ conventions that Zambia has signed. Contents of these
treaties are also sources of law in Zambia. However, these treaties do not automatically
become law unless an act of parliament domesticates them. Meaning that, they are included
in the Zambian laws.
5. Customary Law
These are laws derived from customs, a practice of doing things in society. They are different
from statutory instruments because they are not written and codified for them to be
recognized and enforced by courts of law. A Customary Law must be in existence for a long
time and must be widely accepted for it to be binding on them. The customary law is
enforced by local courts and they are spread all over the country and they are the ones used
by the less privileged and vulnerable in society. Customary law uses advisor who are called
assessors to give advice on particular matters. These are not Justices but play the role of
consultants.
ELEMENTS OR A CRIME
Every crime has two elements;
1. Physical Act;
The wrongful act or omission which creates the offence such as rape, murder, burglary, or
defilement has an element of physical act or action taking place. The person committing the
crime performs an action. For example, in a murder there is the action of killing. This
element in Latin is known as ACTUS REUS.
CLASSFICACATION OF A CRIME
Broadly crimes are classified into:
(a) Crimes of Specific Intent: These are crimes that are committed with a specific intention e.g.
theft, burglary, robbery, and wounding some one to cause harm.
(b) Crimes of Basic Intent: These are crimes committed through recklessness or a sudden
impulse such as driving past red traffic lights (robots) not stopping at a stop sign, exceeding
the speed limit or manslaughter (killing someone without intention e.g. accident)
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(b) Felonies: These are serious crimes such as murder treason, aggravated robbery,
defilement or rape.
(c) Statutory crime. These are crimes that are committed contrary to what is
contained in statutory instruments such as Voting twice in an election or failing to pay
tax.
2. CIVIL CASE
This is a wrongful act that affects only individuals or parties involved. It is any case that does not
have a criminal content. E.g. failing to settle a debt.
C R I M I N A L C A S E C I V I L C A S E
Affects the whole community hence it is recorded as e.g. The People Vs Bernard Affects individuals hence it is recorded as e.g. MwalulaVs Bernard
Aim is to punish or reform the offender Ai m i s to compen sat e th e w ron ged p ers o n
Case instituted by the Director of Public Prosecutions (DPP) on behalf of the people. Case instituted by the wronged person
S e r i o u s w r o n g f u l a c t L e s s s e r i o u s w r o n g f u l a c t
Concerned with the duties that a person owes to the society. Concerned with rights and duties of citizen s
Case ends in sentencing the offender Case ends in awarding damages to the wronged person
Case must be proven beyond reasonable doubt Balance of probability applies
Balance of Probability- This means that when two parties talk about the same thing (incident) but
are saying different things then one of them is not telling the truth. Balance of probability
determines who is telling the truth.
2. THE POLICE: This is an important institution of the Zambian Legal System. The police have
the task of maintaining law and order to preserve life, protect property and maintain public
peace. They arrest law breakers and prosecute them. They mostly deal with criminal cases
but also assist with civil cases e.g. by carrying out legal evictions. They work closely with the
courts of law in administering justice in the nation.
3. THE EXECUTIVE: This is the legal institution because the president of the country who heads
it has powers to make laws by virtue of his or her prerogative power. Prerogative powers are
special powers and privileges given to the president. Cabinet ministers who are members of
the executive also make laws through statutory instruments using delegated or subsidiary
legislation powers.
4. THE COURT SYSTEM: Courts are the largest and easily identifiable branch of any legal
system. Courts deal with all areas to do with the law in the country. They form the Judiciary.
The Judiciary works with other legal institutions such as the police, Prison, office of the
Director of public prosecutions and the Legal profession.
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limited criminal offences out lined in the local court act. There are approximately 500 local
courts in Zambia. These courts are easily accessed by the people and are relatively cheap. In
local courts the procedure is relatively informal hence lawyers do not practice in those courts
unless acting on their own behalf.
2. The Magistrate: These are also known as Subordinate Courts and are found every district
where in Zambia. They are where established under the subordinate courts Act cap 28 of the
laws of Zambia. They are classified into three classes, Class 3, class 2, Class1 in order of
seniority. Class 1 magistrates are further divided into resident, principle and senior
magistrates. The principle magistrate is the more senior of all. The prosecution and the
defense are supposed to follow strict rules of procedure in this court. These courts try both
civil and criminal cases.
3. The High Court: They are found in all provincial capitals of Zambia. They have original and
unlimited powers (Jurisdictions) because they can hear any case such as divorce, election
petitions, Human rights application, treason trials or proceedings of the Habeas corpus. This
court is also known as the court First instant or appellant courts because they hear appeal
cases from the subordinate courts. These courts are usually presided by PUISNE JUDGES
(junior judges). They are appointed by the president after recommendation by the Judicial
Service Commission. Once appointed they can only be removed by fellow Judges who set up
a three man tribunal. This is usually on grounds of gross indiscipline, mental disorder or
Physical ill health or failure to perform function. In this court it is advisable to be represented
by a lawyer. In matters that may result in death penalty such as murder or treason. There is
need to have a lawyer who is provided by the government in case where one cannot afford
to hire one. This is known as Legal Aid.
4. The Industrial Relations Court: This is the court that handles only industrial matters which
deal with employee and employer relations. It is guided by the Employment Act cap 268 of
the laws of Zambia. It is on the same level with the High court and appeals from it go to the
Supreme Court. Lawyers are allowed to represent their clients.
5. The Supreme Court: It is the highest court of appeal in Zambia. It was established by the
Supreme Court Act and Republican Constitution. It is headed by the Chief Justice assisted by
other nine judges. It is not a trial court, unless the case is a presidential election petition. It
hears appeals on question of law other than questions of fact. It sits mainly in Lusaka but
holds sessions in Kitwe, Ndola, and Kabwe. For convenience it meets in Kabwe to hear
appeals of condemned prisoners who are at Mukobeko Maximum prison in Kabwe.
6. The Legal profession: This is a body of legal practitioners commonly called lawyers. Lawyers
receive training from the University of Zambia or other Universities. Lawyers can only be
allowed to practice when they have been admitted to the Bar after passing the examinations.
Examinations are set by Zambia Institute of Advanced Legal Education (ZIALE). Being
admitted to the bar simply means that a person is recognized and competent enough to
represent clients in courts of law.
1. Legal Resources Foundation: It was established in 1991 and became operational in 1993. It
is a non profit making organization that works to promote Human rights through providing
legal Advice and Litigation especially in areas that affect the underprivileged. It offers the
following services;
a) Free legal advice and representation to those that consult them.
b) Legal assistance to those that are referred to them.
c) Legal advice to all who seek it.
2. National Legal Aid Clinic for women: It was formed as a project under the women’s
committee of the Law Association of Zambia. It was established in 1990 to provide affordable
Legal Aid to women and children from marginalized social sector. It offers litigation,
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arbitration and intervention in actual or possible violations against women, youths and
children’s rights. It also offers counseling and legal education.
3. Women in Law in Southern Africa (WILSA): Established in 1989 to improve the legal position
of women in southern African Countries. The organization also provides legal advice and
litigation to vulnerable people in society especially Women.
4. Citizens Advice Bureau (CAB): It is a branch of the Law Association of Zambia and it offers
free advice and litigation on a Pro bono basis. Pro bono is free advice that every lawyer who
is a member of LAZ is obliged to offer as part of the legal professional’s service to the
community.
5. Legal Aid Clinic, School of Law University of Zambia: UNZA has its own legal aid clinic. The
clinic offers legal advice. Fourth year law students, offer legal advice. Sessions are held in
the afternoon when the University is in session.
6. Young Women Christian Association (YWCA): It is non profit making Christian organization
dedicated to the empowerment of women by making them know their rights, duties and
responsibilities in society. It offers free legal advice on issues to do with inheritance, property
grabbing, maintenance, physical violence, mental abuse, Sexual abuse, child abuse and
other legal matters.
7. Zambia Civic Education Association (ZCEA): It is a non profit making organization that was
established in 1993. It promotes and protects children’s rights through civic education. ZCEA
also offers free legal advice to vulnerable groups in society.
8. Caritas Zambia: It was formerly known as Catholic Commission Justice Peace and
Development (CCJPD). It runs legal advice Desks under its Justice Programmes. It is found in
all catholic Dioceses within the country and offers legal advice to vulnerable people.
9. Women in Law and Development in Africa (WILDAF): WILDAF is a pan African non
governmental organization. It tries to promote the culture for exercise of and respect of
women’s rights in African countries. It was established at a regional conference held in
February, 1990 in Harare, Zimbabwe whose theme was; Women, Law and Development:
Networking for Empowerment in Africa. It seeks to promote the effective use of legal
strategies by women in Africa for self, community and national development. It also
disseminates legal education materials.
Derogations: Exceptions’ to the rule especially to the enjoyment of rights and freedoms of the
person being detained.
Trial: examination or investigation in
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Habeas Corpus an order obtained from the courts requiring a person who is in detention to be
brought before a Judge or Courts especially to investigate the reasons for.
Interrogation
Though the police are allowed to question a person who may be suspected of wrong doing such
persons are under no obligation to answer. The police have no right to use force to draw out
statements from suspects. Therefore torture of suspects is not allowed under any circumstances.
Judges Rule
This rule requires the police to inform the accused of his or her right to remain silent if they so wish
and that if they said anything that statement can be used as evidence against them during trial. The
rule also provides that the accused be allowed to consult with lawyers or other legal practitioners
even placed in custody.
Bail- is a sum of money paid by a person accused of wrong doing as security that he or she will
appear before the court until the case is disposed
Bail can be secured by securing two Sureties, who are persons that go before the court to swear
that they will make sure that the accused person does not run away and that the or she will appear
in court whenever he or she is required to do so. If the accused is a respectable member of society
he or she is not required to provide sureties and can be admitted to bail in his or her cognizance.
Cognizance means being aware of having conscious knowledge
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(ii) The Burden of proof – Which is the duty that lies on the prosecution to prove the criminal
allegation against the accused. It is based on the accepted rule “ he who alleges must
prove”
(iii) The standard of proof: which is the measure of the proof brought against the accused
which beyond the reasonable doubt. It is the weight of the evidence the prosecution
must produce in order to establish the alleged crime.
Other Rights
Fair trial and impartial Judge
The constitution provides that any person charged with a criminal offence shall be afforded a fair
hearing within a reasonable time and an impartial and independent court.
Principle of natural Justice states that:
(a) No one should be a judge in his or her case
(b) In a case both sides must be heard
Fiat: certificate of instructions from the Director of Public Prosecutions to commence Trial.
The delays in trials undermine the Rule of law as people lose confidence in the justice system
Adversary Procedure: Process of opposing sides trying to win against the other.
When a person is tool poor to afford a lawyer the state should provide one through the Legal Aid
Department of the Ministry of Justice which is mandated to provide legal services to all offences
triable in the appellant courts.
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person accused of a crime was in another place where the crime took place and that person could
not have committed the crime.
Right to appeal
A convicted person has a right to appeal to higher courts if not satisfied with the decision of the
lower court. This is to make sure that an error that may have made in the lower court can be
corrected by an appellant court. The convicted person is informed of his right to appeal at the end of
trial.
Arrest
Arrest is when the accused person is taken into custody with or without a warrant.
Plea
Plea is when the charge against the accused is read. It is the first appearance in a court of law.
When the charge is read, a plea will be taken. If the accused admits the offence then he or she is
said to have taken a plea of Guilty. If he or she denies the charge then a plea of Denial is taken.
The Plea is recorded if the accused admits the charge; the prosecutor produces and reads previous
records or convictions. Mitigation then follows with the accused asking the court for leniency. Then a
sentence is passed. If the accused denies the charge. A plea of denial is recorded and a date set for
trial.
Trial
Trial stage has the prosecution and defence to it.
The prosecution’s case is when the prosecution calls their witnesses, known as prosecution
witnesses. Each witnesses account is known is as Examination in chief. It is meant to build the case
against the accused. There will be examination and cross examination and there after the court will
consider whether the accused has a case to answer. If the court establishes that the accused has a
case to answer known in Latin as Prima Fascie. The the accused is put on hi defense.
The defence will then bring their own witnesses known as Defence witnesses whose accounts will be
defence’s examination in chief. The prosecution will then cross examine to try to destroy the
evidence offered by the witnesses.
Final Submissions
Bothe prosecution and the defence will, make what is known as final submissions by addressing the
magistrate or judge with their strong points.
Judgment
The magistrate or judge will then deliver judgment which is the final ruling or verdict
Sentencing
The magistrate or judge will then sentence the accused guided by the three principles or sentencing
which are:
- Retribution meant to punish the offender especially in cases of rape
- Deterrent meant to prevent the offender or other would be offenders from committing a
similar crime
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Enter of appearance- a form filled by the accused agreeing to appear in court at the appointed time
and date
There are cases that come before the high court that are heard in chamber which is the office of the
judge. The chamber in this matter means private
Some of the cases that are classified as chamber matters include:
- Uncontested marriage divorce actions
- Application for an order of vacation in a property repossession
- Application for order of company dissolution also known as liquidation
- Application for maintenance in case of a divorced spouse and children
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Capital Punishment is the Death Penalty. A person who is sentenced death becomes a condemned
person. They are called condemned because they pay for the crime they committed with their lives
which is the ultimate punishment that can be meted out on human being.
Capital punishment is referred to as Punishment beyond punishment
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- Society has a duty to kill in self defence of its members and that the death penalty has
healing effects on the relatives of the offender’s victim as they get the peace of mind through
death.
- It protects civilians and police from being indiscriminately murdered and it expresses
society’s total surrender of murder
- Revenge is a natural human emotion therefore; the law should be based on an eye for eye
and tooth for tooth.
- Life imprisonment is not punishment enough for killers and besides some people serving life
sentences are pardoned and in no time are back on the streets where they kill again.
CULTURE OF PEACE
PEACE
Peace is explained differently by many people who use it. Some people define
Peace is the absence of war. But in reality Peace means more than the absence of
war. It also means the presence of justice. Others still define Peace as a state of
harmony with the environment and the planet because environmental problems
have a bearing on peace.
Peace therefore, can be subdivided into ‘Negative’ and ‘Positive’ Peace. Negative
Peace refers to the absence of direct physical violence, while Positive Peace refers
to the presence of conditions of well-being and just relationships insofar as the
social, economic, political and ecological welfare is concerned.
Violence can equally be subdivided into ‘Direct’ and ‘Structural’ Violence. Direct
Violence refers to the presence of direct violence such as war, torture, etc.
Structural Violence on the other hand refers to the presence of poverty,
discrimination, ecological violence, etc.
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PEACE
VIOLENCE
(ii) Friendship- making friends with people secures peace and there are
different degrees which could create among people of different locations and
origins.
(iii) Reciprocity: This is where two or more people exchange gifts or favours in a
mutual manner
(iv) Mutual Aid: This type of creating peace people involves exchanging help,
assistance or aid in the time or problems.
(vi) Tolerance: This refers to a way of living and accepting different or opposing
viewpoints. This expresses peace in the sense that people express different
or opposing viewpoints.
(vii) Respect: This involves respecting other peoples cultures, opinions, ideas,
beliefs, languages and human in general.
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Challenges to peace.
- One challenge to peaceis some people’s belief that war and violence are
organic meaning that war and violence are inevitable and unavoidable
features of human society.
- Another challenge to peace is that, peace and Justice are sometimes viewed
as contradictions in practical terms. If one believes that the only way to
prevent injustice and create justice is by force, then such a person believes
that justice requires hostilities and war.
- The other challenge to peace comes from people’s desire to have power and
to be at an advantage in relation to others. Such a situation often leads to
competition which may resconflictcult in violence and war.
Conflict.
We can explain as quarrel, struggle or fight between two individuals, communities
societies or countries. Conflicts may be physical which means it leads to bodily
harm.
Violence
Is defined as extreme destructive force wilfully exerted against someone, is always
negative and begins in our hearts.
Conflict can occur at individual level, family level, community level, regional,
national and international level.
Causes of conflicts.
1. History
Research has revealed that historical reasons have contributed to emergence
of conflicts in Africa. For example: the conflict between Christians and
Moslems in most parts of Africa have something to do with long standing
animosities and mistrust.
2. Ethnicity
Deep negative feelings against a group of people that do not belong to your
own ethnic group can bring a conflict between two ethnic groups. For
example:-
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Katanga Shaba Province /region temporarily broke off the Congo (DRC).
Just after independence in 1960.
4. Immigration
Massive foreign immigration increases resentments by the host people.
Examples are found in Central and Western Cote Devoir (Ivory Cost) where
an influx of immigrants has created serious xenophobic conflicts.
7. Refugees.
Large numbers of refuges increase pressure on the local resources in the host
countries communities. Some times, the refuges use these areas as spring
boards for attacking their government forces. This may bring inversion of
foreign troops into host communities.
9. Injustices.
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1. Innocent people are killed especially children, women and the disabled.
Women are also sexually harassed.
2. People are forced to run away from their homes to take refuge in areas
where there is no war. Within the country (Internal displacement) or out side
the country.
There are about 350 million refugees in Africa. Zambia has a share of these
refuges:-
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9. Emergence of child soldiers who are forcefully recruited into armed militias.
11. Crime levels escalate as people easily acquire small arms and light
weapons.
1. When on group captures the territory of the enemy, the resources such as
minerals, timber and agricultural lands are plundered by the group that has
captured it. For example the UNITA group in Angola, RUF in Sierra Leon.
4. Those who work hard to bring peace in the regions of conflicts also benefit
from the conflicts for example: the International Community provided much
fund to bring about peace in DRC. Zambia was also given funds to cater for
thousands of refugees who settled in the Country from the conflict zone.
5. Conflicts that involve more groups or nations alliances are formed in order to
defeat the other. Such alliances create political unity.
CONFLICT RESOLUTION
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1. Counselling
This method is used normally in individual situations. The counsellor is some one
trusted by both parties. Counselling is good or interpersonal (between) persons.
2. Negotiation.
This is a process conducted by a reliable and skilled negotiation directly between
the disputing parties. For example, negotiations between the Sudanese
government and the Gering’s Liberation Movement in southern Sudan.
3. Mediation.
This is a method of conflict handling by a neutral third party acceptable to the
dispute parties or groups to arrive at an acceptable solution generated by the
parties or groups themselves. Lunda-Luvale in Zambia is a good example though it
has not been successful.
4. Arbitration.
This is a conflict handling skill undertaken by an arbitrator who is appointed by the
disputing parties or groups to resolve their differences.
5. Litigation
This is one of the conflict resolution methods that allow the parties concerned to
proceed to the public courts of law. Sometimes disputes of conflicts between
countries are taken to the international court of justice to be resolved
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Nobel Peace Prize is one of the ways in which the international community tries to
promote peace. Some of the recipients of the award include Nelson Mandela
(1993), Yasser Arafat (1994) and Koffi Annan (2001).
GENDER
Gender is defined as socially constructed and varying roles that men and
women play in their daily lives. It is a cultural concept used to classify
and categorise the differences between women (females) and Men(males)
and the respective role that they play in society.
GENDER EQUITY
Refer To a process by which women and men are treated fairly in
accordance to their respective needs in society. Equity programmes
therefore favour treating women differently in order to achieve their
status.
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AFFIRMATIVE ACTION
Is also referred as positive discrimination. It is a policy that has been
used to promote fairness and foster equal opportunities. It is a policy
with special measures which are aimed at creating a state of equity
between females and males through the implementation of policies and
programmes aimed at elevating the status of the disadvantages for
example the Ministry of Education has been following this policy of
affirmative action to maintain the proportion of boys and girls at grade
eleven (11) and nine (9) levels of education. The selection pass mark for
girls is relatively lower than that of boys. This is done in order to
encourage and retain female participation in the school system.
GENDER EQUALITY
This is a concept which states that all human beings that is, girls and
boys, women and men are free to develop their personal abilities without
limitations set by stereo typed rigid gender roles and prejudices. It
means that different behaviours and aspirations of all human beings are
considered, valued and favoured equally. For example:-
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Women and girls suffer some worst form of discrimination all over the
world. To this effect the United nations recognised the need for human
rights instrument to directly address women’s issues. A legally binding
Convention on the Elimination of all forms of discriminationAgainst
Women (CEDAW) was adopted in 1979, and is descried as the
International Bill of Rights for Women.
(a) Men
- Bread winners and family defenders.
- Attending of social and political meetings.
- Cattle rearing
- Bush clearing and felling trees
- Hunting
- Key decision makers on farming activities.
(b) Women
- health care providers
- Food preparation
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- Pottery making
- Mate and basket weaving.
- Crop harvesting
- Thatching grass harvesting.
SEX ROLES
Sexis the biological term which refers to the exclusive physiological
deference between females and males.
Sex rolesare therefore roles which females and males perform on the
basis of their reproductive physiological or biological make up.
Socialisation
This is a process through which females and males, girls and boys,
women and men are assigned certain roles and responsibilities based on
the values of a particular society.
AGENTS OF SOCIALISATION
01. The family
Socialisation is initially carried out by parents and relatives living
with the family. The social and cultural attitudes tend to favour the
boy child. The birth of a male child in a home gives parents more
joy than that of a female child.
Decision making
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- Control of resources.
- Sexual relationship and use of contraceptives.
- Polygamous marriages.
The act was enacted by the Zambian Parliament on May 14, 1989. The
Act is a step related guide meant to facilitate ways of ensuring adequate
financial and property sharing for surviving spouse(s), children parents of
the deceased and any other relatives of the deceased person. This is in a
case where a deceased person did not leave a will as to how property,
legally referred to as Estate
Will
A will is a document that outlines how finances and property of a
deceased person should be distributed among the beneficiaries.
The Act also gives guide as to how other matters relating to the deceased
should be handled by an administrator.
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20 percent for the deceased, in a case where there are no parents the 20
percent should be distributed among the spouse, children and
dependants.
It is important to note that the brothers, sisters and any relations of the
deceased are not part of the beneficiaries.
The house
Is for the surviving spouse(s) and the children. However, the surviving
spouse only has a life interest in the house. He/She can only remain in
the house as he/she lives and does not re-marry.
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(ii) A child born out of cohabitation should fully enjoy his/her rights.
However, courts sometimes reluctantly recognise such unions which
are not bound by bride price.
(iv) Section 10 of the Intestate Act provides for the surviving spouse to
have life interest in property, like house and that if he/she re-
marries, he/she loses the rights to the house. However, the act
seems to be applicable only to widows and not widowers.
(vi) Section two of the Intestate Act does not favour and protect women
over the control of traditional land which is primarily governed by
customary laws.
(vii) The intestate Act supports the legality of polygamous marriage. But
in real sense this deprives the first wife of her right full status and
position in marriage.
(viii) The Intestate Act does not have a provision for assistance of the
vulnerable children especially complete orphans who may have been
affected by HIV/AID pandemic. The Act has no clear cut clues or
statement enforcing relatives to support the deceased person’s
children.
Comparisons.
01. In both traditional and modern society there is a general
misconception that regards women as inferior to men because of
following both the customary and statutory laws which is referred to
as dual system.
02. Tribal warfare, Military force and male bravery and strength are
usually attributed to men and not women.
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Zambian legal system are sender biased. They do not allow women
to own and inherit land on equal basis with men.
07. Women and their girl children spend more hours of work than their
counter parts. Women Cary out agricultural activities as well as
other tasks like preparing food, gathering fire wood and collecting
water.
Contrasts.
01. Traditionally women are socialised to be passive and obedient while
men are taught to be aggressive and dominant.
02. To ensure gender equality men and women can now mix and
participate together in all areas of development. Women are now
free to participate in the decision making process.
04. Traditionally, girls and women were expected to do the house work.
Similarly at school. To achieve gender balance, the trend has now
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05. To curb the HIV/AIDS and other STDs in society, issues of sexual
relationships between girls and boys are today freely being
discussed by parents or legal guardians of the children.
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Objectives.
- To disseminate information on the rights of widows and orphans.
Aims
- Ensuring that women know their rights duties and
responsibilities in society.
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Aim
- to develop programmes for empowering disabled women as we as
to influence long established association towards an improved
focus on the special problems of disabled women.
Achievements.
- Spear headed the SADC Regional Rural Industrial study to
promote industries, such as basketry, baking and fish processing.
- Promote house hold food security through crop diversification
projects at village level.
- Develop agro forestry programmes.
- Rendered support to mainly rural self help pre-schools and heal
centres.
HIV/AIDS
HIV
The letters HIV stand for Human Immunodeficiency Virus. It is a tiny
virus which causes AIDS. It destroys the body’s Immune System and
makes it susceptible to infections, This leads to a condition known as
AIDS, which is the final stage of HIV. HIV can be found in blood,
semen, vaginal fluids and breast milk.
AIDS
Short for Acquired Immune Deficiency Syndrome. As the viral load
increases, the body becomes weaker, and it loses its ability to fight
diseases due to reduced CD4. CD4 is the total number of white blood
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ORIGIN OF HIV/AIDS
Details of the origin of HIV remain unclear; however the following
theories try to explain the origin of HIV.
1) Conspiracy Theory
According to this theory, HIV/AIDS was secretly created by the
CIA (Central Intelligence Agency) as a way of eliminating the
black race. It is for this reason that Africa has the highest rate of
HIV in the world.
2) Hunter or Zoological or Chimpanzee or Monkey Theory
According to this theory, HIV came from Monkeys/Chimpanzees. A
lentivirus (slow acting Virus) that is genetically similar to HIV has
been found in chimpanzees in western equatorial Africa. This
virus, known as Simian Immunodeficiency Virus (SIV), does not
readily cause disease in chimpanzees. The practice of hunting,
butchering, and eating the meat of chimpanzees may have
allowed transmission of the virus to humans, probably in the first
half of the 20th century. It is believed that a hunter went hunting
for Chimpanzees and got hungry and ate the raw meat of the
Chimpanzee and hence contracted the SIV now called HIV since it
is in humans.
3) Punishment from God Theory
This theory states that AIDS is a punishment from God. It was one
of the diseases that Jesus referred to in Matthew 24.“...For nation
shall rise against nation, and kingdom against kingdom: and there
shall be famines, and pestilences, and earthquakes, in diverse
places”
It is quite difficult to tell which of the above theory really depicts the
truth about AIDS origin. However, HIV/AIDS is here and no cure has
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(i) Abstinence
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This means completely staying away from sex. It is the best method of
preventing HIV/AIDS.
SUPPLEMENTARY METHODS
(ii) Circumcision
This is an operation that involves the cutting off of the foreskin of the
penis. It leaves the head of the penis exposed and therefore the skin
becomes hardened thereby making it difficult to sustain bruises during
sexual intercourse and allow entry of HIV. According to research,
Circumcision prevents the spread of HIV/AIDS up to 60%.
NOTE:Circumcision is NOT a substitution for condoms and other
methods of prevention.
1. Environment
Places such as disco houses, bars and night clubs e.g. Jonko, may
provide conditions that may expose people contract HIV. Other
risky environments include places like border towns, social
gatherings, etc.
2. Social
Lack of recreational facilities such as sports fields, play parks, etc,
tend to tempt youths to engage in vices like beer drinking which
may lead them to have unprotected sex.
3. Economic Pressures
These include;
a) Poverty
Poverty is one of the factors that bring economic pressure and
may force people to engage in unprotected sex as a way of
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4. Alcohol Abuse
Having sex under the influence of alcohol may compromise
condom use as people tend to forget to use them.
5. Some Traditional Cultural Practices such as Wife inheritance,
sexual cleansing, FGM (Female Genital Mutilation), traditional
circumcision using same cutting tool, Polygamy, dry sex, etc.
6. Cross Generational Sex (CGS)
These involves young girls having sex with elderly men (Sugar
Daddies) for material gains. These Sugar Daddies have nothing to
fear from these girls and end up having sex with them without
using condoms, thereby infecting them with HIV/AIDS.
7. Multiple Concurrent Partnerships (MCPs)
This involves having more than one sexual partner. It involves
being in a sexual network.
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(E) Coffins
Many companies Associated with the provision of coffins have been
established in order to handle the AIDS crisis especially in urban areas.
Prejudice.
Is labelling of people because they are different.
ople living with HIV/AIDS are stigmatised and discriminated in all areas of life
– common prejudice against people with HIV/AIDS;
(i) HIV/AIDS is Gods wrath.
Some people say people living with HIV/AIDS are being punished
by God for their sins.
Discrimination.
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MITIGATION STRATEGIES
One can live positively with HIV by having an active, social life
eating nutritious foods, avoiding alcohol and tobacco, avoiding
stress and self pity and developing a strong spiritual correction.
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Stages of VCT
Pre testing counselling- this is given before the actual testing
to prepare people for the test results.
Testing: the HIV test is usually done taking a small blood
sample
The First test is considered a screening test. When the result is
positive a second test is required to confirm the status. The
commonly used rapid results in Zambia is Abbot for screening
and Gene II or Uni- God for confirmation
Post-test counselling: This is done when the results are given
and discussed. Psychological and emotional support is given.
Impact of STIs
STIs cause:-
Infertility
Forced Abortion
Cervical cancer
Disfigure genitals
HIV Prevention
Sensitisation/Awareness programmes so as to influence
behavioural change
Voluntary counselling and testing
Prevention of mother to child transmission.
Accessing and Promotion of condom use.
Provision of safe blood and blood products for transfusion and
other operations.
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SOCIAL CHALLENGES
Social Challenges
These are issues and problems facing human beings today. For
example, Child Abuse, Sexual Assault, Teenage Pregnancies and
Gender Violence.
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1. Child Defilement.
Defilement is the act of having unlawful sexual intercourse with a
girl under the age of 16 years. It includes:-
- Touching private parts of a child.
- Making the child touch or play with sexual organs of an older
person.
- Showing children pictures of naked people for purpose of
exciting them sexually. Such an act is called Indecent
assault.
2. Child Battering.
This is a form of child abuse where some one beats a child often.
3. Child Neglect.
This is a situation where children are not taken care of by their
parents or guardians. They are not given the love and care they
need for personal development.
4. Child labour
Refers to work that is mentally, physically, socially or morally
dangerous and harmful to children.
6. Child trafficking
This is the illegal transportation and selling of children within or
outside a country, for prostitution, pornography, forced labour, crime
or business involving selling of body organs.
7. Child Prostitution
Is described as sexual exploitation of children. It can be forced or
voluntary . Forced child prostitution is when children are compelled
to sell sexual services for example in hotels, brothels, or streets.
Voluntary child prostitution is a situation where girls sell sexual
services for a living, in order to meet their daily needs
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The following are some of the ways by which child abuse can be
addressed.
(i) Legislation on child labour – the law should prescribe penalties or
practising and encouraging all forms of child labour.
(ii) Enacting stiff punishment for child defilers including those who
batter or neglect their children.
(iii) Sensitising the community about child abuse.
(iv) Reporting case of child problem.
(v) Speaking about the problems
(vi) Encouraging victims to go to victim support unit. Drop in centres
and NGO’s for counselling services and legal advice
(b) RAPE
Is having unlawful sexual intercourse with a woman or a girl
without her consent by using force threats or intimidation. In
Zambia, according to the penal code, rape is defined as: Any
person who has unlawful carnal knowledge of a woman or
a girl without her or with her consent.
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- Make it clear that you do not want that kind of behaviour from
the person.
- Discuss the problem openly and in that way you can make
problem known to stop the harasser.
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GRADE 12
MAJOR INTERNATIONAL HUMAM RIGHTS INSTRUMENTS
HUMAN RIGHTS INSTRUMENTS. This refers to institutions and mechanisms that are used to
protect and promote human rights.
o Example; in Zambia people’s rights such as right to life, right to vote are protected by the
constitution and also the judiciary. Hence the judiciary and the constitution are examples
of human rights instruments in Zambia
o The aim of this topic is to explain major international human rights instruments.
2. SPECIALISED INSTRUMENTS.
a) International convention on the elimination of all forms of racial discrimination
b) Convention on the elimination of all forms discrimination against women.
c) Convention against torture
d) Convention on the rights of the child.
1. a. UNIVERSAL DECLARATION OF HUMAN RIGHTS. (1948).
This instrument begins with the preamble which is the introduction. The preamble states the
values and beliefs of this declaration.ie
This came into force 10.12.1948, as the result of genocide that took place in Nazi
Germany during the Second World War.
Instrument is to prevent such genocide in future.
The UDHR is an internationally recognized and agreed upon instrument through which
individuals and Governments can work to deliver basic rights.
The UDHR contains 30 articles which are a list of basic rights which every human
being is born with.
CONTENT OF THE UDHR (ARTCLES)
This states that every one:
1) Is born in freedom equity and dignity.
2) Has the right not to be discriminated
3) right to life
4) right to security of the person. No one should be tortured or should surfer from cruel and
inhuman treatment,
5) Has the right to effective remedy.
6) Recognition before the law
More provisions of the content to be found in the grade 11 pupil’s book page 29-30
THE PREAMBLE (introduction): the preamble of this document states that, the idea of free human
beings enjoying freedom from fear and want can only be achieved if conditions if conditions are
created in which everyone may enjoy his economic social and cultural rights as well as his civil and
political rights
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For more information on the provisions of the ICCPR see pupils book 11 page 32
OPTIONAL PROTOCALS
This is a provision attached to an international human right instrument in order to offer more
protection.
THE PREAMBLE (introduction): the preamble of this document states that, the idea of free
human beings enjoying freedom from fear and want can only be achieved if conditions if
conditions are created in which everyone may enjoy his economic social and cultural rights
as well as his civil and political rights.
1) Right to work.
2) Right to just and favorable conditions of work
3) Right to social security
4) Right to form and join trade unions including the right to strike
For more information on the provisions of the ICESCR see pupils book 11 page31-32
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SUMARRY PROVISIONS
This came about after the failure of the 1967 declaration to eliminate discrimination against
women
It was observed that females still suffer the worst discrimination in the social economic as
well as their civil and political rights
This instrument was put in force in 1979 to directly
SUMMARY OF PROVISION
Torture is defined an act by which sever pain and suffering weather physical or mental, is
intentionally inflicted on a person for such purpose as obtaining from him or a third party
information or confession punishing him for an act he or a third party committed or is suspected of
having committed ……………..
SUMMARY OF PROVISION
- prohibit torture
-not refouler: this means to send back a person to a country where he /she is likely to undergo
torture
- punish torturers
- educate citizens on the evil of torture
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c) NON DISCRIMINATION. This establishes that children’s rights apply to all children without
discrimination of any kind.
d) PARTICIPATION. This commands respect for the views of a child.
- This is meant to protect the rights of people working in a country which is not theirs.
- State parties are obliged to protect and seek judicial remedy to those migrant
workers whose rights have been violated.
PRINCIPLE DEFINITION
- this applies, to all migrant workers and their families without distinction of any kind
such as sex, race, colour, language, age………………………….
SUMMARY OF THE PROVISIONS
- Migrant workers shall be free to leave any state, including their own.
- Shall have the right to enter remain in their state of origin at any time.
- Their right shall be protected by law.
- Non - shall be held in slavery.
- Shall have the right to freedom of thought, conscience and religion
- Have the right to hold opinions without interference
MONIST COUNTRIES. These are countries that regard international law and domestic law as one.
DUALIST COUNTRIES. These are countries that regard international law and domestic law
differently.
FRANCO PHONE. These are counties that were once colonized by France and are usually French
speaking countries.
TREATY. This is the declaration made, agreed and signed by member state.
LEGALLY BINDING. Something that has a legal effect upon one breaking it.
STATE PARTIES. These are member states to the particular convention.
ACCEED. This means a country signs to a covenant which it was not part of the negotiation.
RATIFY. It means a country signs a covenant which it was part of the negotiation.
OPTIONAL PROTOCALS. These are supervisory mechanisms on Human Rights that are not
compulsory to member state to a particular covenant.
FAMILY LAW
A family is a group of people related by blood or marriage. It is the smallest unit in society. It
comprises all persons related by blood or marriage.
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TYPES OF FAMILIES
In Zambia there are four types of families;-
1. Nuclear family: - It is a group of person consisting of a man, his wife, or in the case of
customary marriage, his wives and their children.
2. Extended family:- It consists of not only a man and his wife or wives and their children but
also grandparents, uncles, nieces, nephews, cousins, in-laws and grandchildren.
3. Single headed family:- It consists of a single parent and children. For example a man and his
children or a woman and her children. It could be as a result of death, divorce or when a
man pregnant a woman and denies responsibility. It can also be as a result of personal
choice.
4. Child headed family:- This is a family headed by a child owing to the death of both parents,
leaving children to bring themselves up.
MARRIAGE
A marriage is a legal union of a man and a woman as husband and wife. It is a therefore is a
contract that creates social status of husband and wife. The contract of marriage is based on the
following;
1. Rights:- These are entitlements a wife or husband enjoys in the union. For example, in the
traditional African setup, the wife has the right to be provided for by a husband and a
husband has the right to be looked after by the wife.
2. Obligations:- These are duties that a wife or husband performs in the union. For example,
each spouse has the duty to protect and take care of the other.
3. Capacities:- These are abilities or capabilities that each spouse brings in the union. For
example, a wife may bring to the union the ability to conceive and bear children.
4. In capabilities:- These are inabilities or in capabilities that each spouse brings to the union
arising from impairment. For example, the husband may bring to the union the inability to
make his wife pregnant.
TYPES OF MARRIAGE
In Zambia, there are two types of marriage that are recognised by law and these are Statutory and
Customary marriages.
1. Statutory Marriage
This also referred to as Civil marriage. It is defined as the voluntary union of one wife and
one husband for life excluding all others. It is illegal to convert a civil marriage to a
customary one.
To enter into a civil marriage, one has to take the following into consideration;
(a) Take out a Notice of Marriage:- This is a notice of intention to marry made on a
prescribed form to the Registrar of Marriages at the Local Council offices. The notice will
be published outside the Registrars’ Office for 21 days .During the period of notice any
person can stop the marriage and giving reasons why the two people should not marry
by writing the word forbidden and giving reasons in the Marriage Notice Book. This
should be done before the Registrar issues a marriage certificate.
(b) Marriage payments: - In a statutory marriage, no marriage payment or anything is
required unless individuals concerned just want to observe the customary ritual of paying
for marriage. The Marriage Act does not stipulate any payment of any kind, though most
Zambians intending to marry observe the traditional ritual of paying ‘lobola.’
(c) Age:-Under marriage act, the parties to marry should be 21 years of age. If any of the
parties is below 21 years but above 16 years he/she needs a letter of consent which is a
written permission and blessing of the parents or guardians .A letter of consent which will
be filed together with sworn in affidavit at the high court. The High court is the only court
that deals with statutory marriage. An affidavit is a written declaration or statement that
a person makes under oath which will be used as a legal proof or evidence.
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(d) Relationship: - The two should not be related to each other either by blood or marriage.
The relationships which are prohibited by law to enter into marriage are known as
prohibited degrees. For example a man is not allowed to marry his mother in law, etc.
(e) Solemnisation of marriage:- This is when the actual wedding is performed following the
laid down rituals such as each of the parties publicly declaring that he/she has agreed to
wed the person that they are standing next by saying this aloud and mentioning all the
names of the person. The ceremony should take place in a room with open doors
between 08: 00hrs and 18:00hrs. There should be at least two witnesses who will sign
the certificate and marriage register, together with the person performing the ceremony
and the couple.
(f) Marriage certificate: - This is the evidence of marriage and a copy of which is kept by the
registrar and another copy by the couple. The marriage is registered in a book called
Marriage Register kept at the Council which can be inspected by anyone upon paying a
search fee.
2. Customary Marriage
This is a marriage contracted under customary practices. In a customary marriage, the union
may not be voluntary as it is in a civil marriage because one may be compelled to marry a
person chosen by ones’ relatives. It may also not be a union of one man one woman because
in many Zambian ethnic groups such as the Tonga, Tumbuka, etc, a man may marry more
than one wife.
The parties to the marriage should be male and female. The female should be single,
divorced or widowed but the male may already have one or more wives. Both parties
must have reached puberty.
(d) Relationship
The persons intending to marry should not be related by blood or marriage, although
in some ethnic groups cousins are allowed to marry. A customary marriage may also
be registered under the Local court which administers customary law. It is possible to
change a customary marriage to a statutory marriage but not vice versa.
OTHER TYPES OF MARRIAGE
These are unions that are generally referred to as marriages even though they are not recognised
under the law.
1. Religious marriage: - This is a marriage that is done in church. Some churches and clergy
men have been given licences under the Marriage Act to perform civil marriages. In most
churches in Zambia a notice is given for the impending marriage through what are called
Marriage Banns. Marriage Banns are announcements that are made in church of the intention
of the couple to marry. During the announcements members are asked to inform the priest
or pastor in confidence if they know of any reason why the couple should not marry. If the
couple want to have their marriage recognised by the law it should be registered either with
the High Court if they want a Civil Marriage or with the Local Court if they want a Customary
Marriage.
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2. Cohabitation: - This is a new type of marriage that has emerged especially in urban areas.
This is a marriage where the parties concerned decide to live on their own without the
consent of their parents or guardians and without following any of the rituals performed in
customary or civil marriages. After sometime, society accepts and recognises the couple as
husband and wife. However as long as the marriage is not formalised either by the local
court or in the high court, will not be recognised under the law and will be called a void
marriage and the couple no matter how long they live together, they will just be cohabiting.
3. Void Marriage: - This is a marriage without a legal standing from the beginning. It is null and
void. Any party to a void marriage may not be guilty of bigamy if he or she marries before
divorcing the so called first wife or husband because the marriage was illegal right from the
start. Bigamy is a crime of marrying another person while still legally married to someone
else.
4. Voidable marriage: - is a type of marriage that is initially valid, but later invalidated by the
courts of law. A marriage may be invalidated in court for the following reasons:-
If the child born is not the husbands child.
If a spouse has contracted a sexually transmitted infection from elsewhere not from the
spouse.
If the marriage is not consummated due to impotence.
Consummation in marriage means making complete by having sexual intercourse.
Consummation is applicable to both customary and civil marriages.
Wilful refusal to consummate the marriage by any party.
Mental disorder of either party.
DIVORCE
This is the official ending of marriage through an official decision from the courts.
Divorce in a Customary Marriage
It is expected under customary law that it is a man who divorces the wife and not vice versa.
According to the Matrimonial Causes Act of 1973, divorce under customary law will depend on
the customs and traditions the couples were married under. Acceptable grounds for divorce in a
customary marriage are:-
Adultery which does not need to be proved.
Cruelty
Laziness on the part of the wife.
Bad relations with the in-laws.
Infertility.
Lack of maintenance by the man.
Desertion.
Customary Law divorce can also be done by the two families meeting together and making a
decision or either party can sue for divorce in the Local Court.
Divorce in Civil Marriage
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The marriage cause act states that there is only one ground for divorce which is that the
marriage has broken down irretrievably. This means that the marriage cannot be saved or
redeemed. The situation can arise out of the following reasons:-
Adultery which must be proved with the third person known and named.
One or both of the married persons conduct themselves in unreasonable behaviour
cruelty that makes it impossible for the other partner to live safely.
According to the matrimonial act causes act of 1973 if one partner deserts another for a
period of two years then there is sufficient grounds for divorce.
Separation with consent of a couple for two years.
Living apart for a continuous period of five years.
A petition application for a divorce is filed in the high court only after one year of marriage.
Before one year of marriage it would not be a divorce but an annulment. If the court is satisfied
that the marriage has broken down irretrievably, it will make a temporally order called Decree
Nissi which is a temporally divorce certificate and after six weeks a Decree Absolute, a
permanent divorce certificate will be granted provided the court is satisfied with the
arrangements made for the children.
Property Settlement (sharing)
After divorce in a customary marriage the woman usually gets some form of compensation to
allow her start a new life afresh. However, these days it is recognised that either party may be
more financially secure than the other. Therefore, whoever has more money will pay
compensation to the other.
Maintenance of Spouse and Children within and after dissolution of Marriage
Within marriage under statutory laws, a spouse has a duty to maintain his or her partner after
divorce. After divorce a spouse has the responsibility of maintaining his /her spouse until he or
she remarries or become financially sound.
Under customary law failure to maintain a spouse especially on the part of the husband is
often viewed as grounds for divorce. After divorce a spouse is duty bound to maintain his or her
partner for the maximum of 3 years or until he or she remarries whichever happens earlier. The
court can convict a person for failing to honour maintenance either through a fine or
imprisonment.
The maintenance of children is provided for in the affiliation and maintenance provisions act
of the laws of Zambia. The affiliation act permits children born out of wedlock to be affiliated to
their male parents thereby claim maintenance.
The following can claim maintenance:-
(a) A child – from its affiliated father legal parents.
(b) Guardian, for example, a grandparent or an uncle can claim maintenance on behalf of the
child.
(c) A single woman from affiliated father of her child.
(d) A spouse from his or her partner whether divorced or not.
Anyone wishing to claim maintenance can approach the clerk at the local court or lawyer
to initiate legal proceedings.
Custody of children after dissolution of marriage.
A child is a person who is 18 years and below. The law states that children must always
have an adult to look after them.
Adoption of children
Under the adoption of children’s act of the 1948 edition of the laws of Zambia. The courts have been
given powers to grant an order to adults requesting to adopt the child. Eligible person to adopt
children are:-
A couple jointly wanting to adopt an infant. An infant is a child less than 7 years old.
A mother or father either alone or jointly with his /her present spouse.
A person who has reached the age of 21 years and is a relative of the infant.
In case of a couple both or one of them should have attained the age of 25 and is at least 21
years older than the infant.
Both the infant or the child and the person applying for adoption should live in Zambia.
The infant has been looked after by the applicant continuously for at least 3 months before
the date of application.
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The person intending to adopt notifies the commissioner of the intentions to adopt three
months before the application.
The law does not allow adoption in the following instances:-
Adoption of female infant by a male applicant on his own unless there are special
reason for doing so.
Except in the case of a couple who are spouses to adoption will not be made to more
than one person to adopt the same infant e.g. good friends.
Adoption of an infant or child who already has parents or guardians or anybody
providing maintenance to the child of infants unless with this person’s permission.
A wife or a husband can not apply to adopt an infant on his or her own without
agreement of the other partner.
Applications for adoption are made with the registrar-general who records the details
of the application in the adopted children’s register. The adoption makes the original
Parent or parents or guardians lose all the rights and obligations to the child or infant.
Adoption societies.
These are organisations that exist for the purpose of making arrangements for the adoption of
infants and children. However an adoption society will not be registered if it appears that:-
The activities of the society are not controlled by the committee of members of the society
who are responsible to the members of the society.
That any person working for such a society is not found fit or proper to work for such an
organisation.
The number of competent persons employed by the society is not sufficient to cope with the
work that the society has to do.
That any person taking part in the management or control of the society or any member of
the society has been convicted for violating parts of the adoption act and exposing girls
under the age of 16 years to seduction or prostitution or being defiled or as living a life of
prostitution.
Legitimacy of children
The legitimacy of acts of 1927of the laws of Zambia provides that a child born out of wedlock could
be legitimate. But this act has been taken by the United Nations convections on the rights of a child
of 1989.New laws have been attempted to equalise the position of children born out of marriage to
those born of ma wedlock.
Succession
Succession when death occurs in a family is usually defined by traditional norms and customs of
the ethnic group that the child belongs to. If the family belong to the matrilineal ethnic group
the succession to traditional positions of the deceased person will be through the mother e.g.
the Bemba’s trace their lineage through the mother. In case of the ngoni they follow the
patrilineal system of succession.
Inheritance of property
In Zambia the inheritance of property is provided for in the testate act and intestate act.
Testate act
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This deals with the inheritance of property of the dead person who left a will. A will is a
declaration normally in writing stating how a person wants his or her property to be distributed
in the event of death.
If the court agrees with the defendant that the testator (the person who made the will in case
of a male) and testatrix (in case of a female) did not make reasonable provisions for the
maintenance and hardship will be caused, The court will make reasonable provisions for the
dependant.
The intestate succession
This is when someone dies without leaving a will or someone has left a will but that will is
nullified by the courts of law because maybe it is not signed or not done in the presence of two
witnesses or other factors considered not valid by the courts of law.
Victim support unit
The victim support unit was created to prosecute, investigate and offer counselling services to
families. It is charged with the responsibility to deal with family offences such as:-
Domestic violence
Occasion bodily harm (OBH)
Causing grievous bodily harm(GBH)
Arson
Malicious damage
Property grabbing
Incest
Sodomy
Indecent assault
Child protection
Human trafficking
In offences such as these, the VSU comes in, only when the offender and the victim are related. If
such crimes are not committed by the family members the crimes will be dealt with by the criminal
investigations department (CID)
The VSU also gives the responsibility of sensitising the public on such offences. They create
awareness about the crimes, what the law says about the crimes, their effect on the victims and
steps victims and the relatives can take in seeking neither help nor justice for the victims.
DEVELOPMENT PLANNING
Plans- are intentions or set suggestions aimed at achieving certain set goals in future.
Planning- it is an organized attempt to select the best available alternatives to achieve specific goals,
economic, social or political.
Development planning refers to the deliberate effort by the state aimed at achieving certain set goals
such as:-
(i) Rising the standard of living of the people through increased income returns
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(ii) Better services given to the people, such as education, housing, health, clean and safe drinking
water and good roads
(iii) Elimination of disparities between urban and rural areas
Purpose of Planning
The main purpose of planning is to move towards safe sustaining growth such as having enough man
power and improving management of natural resources.
Levels of Planning
Individual Planning:- An individual has to draw a plan and a budget for a particular activity.
A budget is a plan of action for a specific period of time indicating estimated income and expenditure on
the project.
Community Level
A group of people identifies resources to be used in a particular project. Then they draw a plan and a
budget for the project which should show sources of funds
National Level
At national level the government may decide to build bridges across the country, schools and hospitals.
The government will advertise the project through tender to invite individuals or companies to carry
out projects.
International level: This takes place at place international. For example, the United Nations
Organization has set up international development targets known as The Millennium development Goals
to be achieved by individual states
Nb. Is Planning at district level is spearheaded by District Development coordinating committee (DDCC)
At Provincial level it is done by PDCC
Budget
This is an estimate of income and expenditure. It is the balance between government income and
expenditure. The government exercises its rights to raise the revenue which it needs to meet its
commitment and proposal which are normally embedded in the in the budget.
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This type of planning was common in communist countries. Zambia used this type of
planning in the first and second Republics. Experience from developing countries, however
has shown that centralized plans have succeeded. It gave rise to several problems such as:-
- Lack of participation of the local community in the formulation and implementation of the
plan. It was argued that plans were being imposed in top down fashion on local communities
which should the enthusiasm at the crucial implementation stage.
- Plan organizations were dominated by expatriate advisers who know very little about local
farming communities.
- There was delay of the approval of the plans since they were referred to the head quarters
before implementation
2. Decentralized Planning
This type of planning is done by involving the local community. A local community identifies
projects to be under taken at community level by taking into consideration its actual needs.
For example:- Schools, hospitals, bridges, piped water and housing units. The community
may draw a budget for it to be submitted to the central Government for funding
The Zambian government tried this type of planning in the 1980s but there was less success.
Much of the resources were spent on workers than on development projects. Since the year
2000, Decentralized planning has been re- introduced in Zambia through Activity Based
Budgeting Plans in the community.
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World Bank member countries pay subscription fees to the Bank according to their Growth National
Product (GNP)
The Bank also gives grants to member states to finance essential projects in education and health.
The headquarters of ADB is in Addis Ababa, Ethiopia.
INDICATORS OF DEVELOPMENT
Indicators of development are signs that show whether or not there is improvement in the country’s
economy and people’s basic needs such as food, safe and clean drinking water housing education
and health.
It is not easy to measure development. Therefore various indicators have to use. These are
measurable variables which are assumed directly related to development such as:-
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POVERTY IN ZAMBIA
Povertyis a condition of being poor. Poverty is associated with the negative aspect of human
development.
Human Development is the process of enlarging peoples’ choices to their personal advancement. For
example poverty may be defined as insufficient access to food and nutrition, education, healthy
care, adequate income, literacy, safe water and sanitation. This kind of poverty is known as
absolute poverty.
MEASURING POVERTY
Poverty is difficulty to measure. Though difficulty to measure it can be measured using three
perspectives
1. Income perspective: A person is poor if he his or her income falls bellow a defined money or
metric poverty line. E.g. a person living on one dollar per day.
2. Basic needs perspective: A person is poor if his /her requirements for a minimal acceptable
fulfillment of human needs are not met
3. Capability perspective: A person is poor if he /she lacks certain capabilities to function such
as adequate food, clothing, shelter and ability to participate in community.
Central Statistical Office(CSO). Measures poverty line as the amount of monthly income required to
purchase basic food to meet the minimum caloric requirement for a family of six. (Food basket).
Overall and extreme poverty in Zambia in rural and urban areas, 1998
L o c a t i o n Overall poverty % Extreme poverty %
R u r a l a r e a s 8 3 7 0
U r b a n a r e a s 5 6 3 6
C e n t r a l p r o v i n c e 7 7 6 3
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The poorest province in Zambia is Western Province with 89% followed by Luapula and Northern
Provinces with 81%.
CHARACTERISTICS OF POVERTY
2. Economic Status
- Lack of money or adequate income. Urban areas
- Lack of productive assets such as ploughs, hoes, oxen, fishing nets, canoes. Rural areas
3. Social Status
- Inequality
- Low self esteem
- Landlessness/ no access to land
4. Political Participation
- Powerlessness
- Lack of political voice
- Lack of access to legal institutions that is courts of law.
- Internal Factors
Zambia’s policies focused on the state taking over private business, and heavy involvement
in the productive sectors of the Economy. The Economic reforms that were adopted left the
majority of people insecure in terms of employment, income and health.
- External Factors
Copper exports accounted for 90% of the countries export earnings and about 50% of total
local production of good and services or Gross Domestic Product. (GDP). The fall in copper
prices from mid 1970’s severely affected the government’s capacity to invest in the
Economy and provided adequate social services. However, it is worth noting that before
1970 Zambia was one of the richest countries in Tropical Africa, with great potential for
sustainable economic development.
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Debt burden
Over the years, the payment of the debts on average accounted for 10 percent of the Gross
Domestic Product GDP. This means that more money is spent on servicing the debt at the expense
of investing in social and economic development.
External Dependence
Zambia has continued to borrow from partners to invest in social and economic development for
example, in the education and health.
Climatic Variation
Rainfall patterns are increasingly erratic and droughts are a common feature and this has led to low
food production, hence food insecurity,
Orphans
The increase in the number of orphans requiring care and support from relatives causes a strain on
the families.
Single parent households: Many single parent or child headed households have failed to meet the
basic needs of the families.
Inequality
It has been observed that the gap between the rich and poor is widening. This inequality in terms of
income, education, wealth and access to assets has led to high poverty levels.
Conflict
When there is conflict in a society, less time is spent on economic activities. Hence there is no time
to create wealth.
Individual Weakness
Laziness and lack of responsibility can lead to poverty and dependency syndrome.
EFFECTS OF POVERTY
- Hunger / food insecurity
- High unemployment levels
- Increase in crime
- Conflicts in society
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POVERTY ALLEVIATION
Poverty alleviation is the process of lessening the suffering of the poor by meeting their immediate
pressing needs
Some of the way through which poverty Zambia can be alleviated:
Improve the provision of education as education is a very powerful tool for poverty
reduction
Increase food production and empower small scale farmers
Improve the health status of people in Zambia especially the poor.
Reduce the incidence, infection and socio economic impact of HIV/AIDS
Increase access to safe water and sanitation
Promote a self-sustaining export led agricultural sector ensure increased household income
and food security
Increase access to skills development and vocational training
Promote rural electrification to attract investments and reduce unemployment. In rural areas
Increase access to means of production such as land and farming implements
Poverty Reduction Strategy Paper (PRSP) is the overall framework for national planning and
development focusing on intervention for poverty reduction. The following are some of the areas
addressed by the PRSP:
Macroeconomics- to achieve a high and sustained real GDP growth greater equity of
opportunity, income and access to resources
Agriculture- to promote a self sustaining export led agricultural sector which ensures
increased household income and food security.
Tourism- to enhance the tourism sector’s contribution to economic growth and poverty
reduction
Mining- to promote investment in the mining industry and ensure the development of self-
sustaining mineral based industry.
Industry- to promote growth of an export led industry leading to employment creation and
poverty reduction.
Health- to improve the heath status of the people of Zambia
Education – to provide relevant, equitable, efficient and quality education for
for all
HIV/AIDS- to reduce the incidence, infection and socio-economic impact of HIV/AIDS.
Gender – to promote gender balance to ease the burden of poverty especially of women at
the house hold, community and national levels.
Environment – to formulate appropriate policies on the protection of the environment,
management and development of natural resources and ensure their efficient and effective
delivery
Energy – to ensure optimum supply and utilization of energy
Water and sanitation- to contribute to poverty reduction through increased access to safe
water and sanitation, increased food production and increased food production and food
security.
Transport and Communication- to create an efficient transport and communication system
that will promote economic growth and poverty reduction
Roads- to expand, rehabilitate and invest in the road sector so as to improve accessibility and
mobility.
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ENVIRONMENTAL EDUCATION
Environment:-refers to surroundings and the things found in them both physical and cultural
which differ from place to place
There are main components of the environment. For instance, if life is considered to be central
then environment is divided into; livingand non-living components. If human activities are
considered central then the environment is divided into Natural and cultural components.
Natural Environment
Physical and living environment, Atmosphere, Hydrosphere, Lithosphere Animal and Plant Life.
Social/Cultural Environment. Culture and social institutions Beliefs, Customs and traditions
ENVIRONMENTAL DEGRADATION
Environment Degradation-refers to any action or process that makes the environment less fit for
human, plant or animal life. It is also associated with the lowering or reduction of environmental
quality
1. Overpopulation; this is the presence in a given area of more people than can be supported
adequately by the resources available in the area. Fewer people would need less food, burn
less fuel, discharge less sewage into water bodies cut less trees for construction, charcoal
production and wood fuel
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2. Pollution- pollution refers to the presence of matters or energy whose nature, location, or
quality produces undesirable environmental effects. Pollution takes main forms:
a. Natural Wastes- Natural wastes may be organic or inorganic. Inorganic wastes include
elements of components such as lead, copper, and sulphur.These elements are found in
rocks and are present in small concentration in our bodies. These substances are emitted
during mining and smelting operations. When mined they contaminate streams, streams,
rivers, lakes ground water supplies, soil and the atmosphere. Thus a natural material that
was originally harmless may become a pollutant if it is exposed to the atmosphere.
b. Synthetic chemicals: These are chemical compounds which are Man made. These synthetic
chemicals are present in paints, dyes, food additives, drugs, pesticide, fertilizers, clothes,
cleaning materials, plastics, cosmetics and building materials. Some of these synthetic
chemicals break down while others do not.
3. Depletion of Resources
A resource is any source of raw materials or object that human beings are able to use to sustain
life or produce wealth. For example, water, fish, minerals, soils and trees.
A resource is depleted or used up when it becomes less available for its intended function or use.
1- By converting them into another substance, coal or oil are destroyed when they are burnt to
produce energy.
2- By been displaced to same location from which the material cannot be recovered. For
example, when copper is mined it cannot be replaced in the ground.
3- By being polluted, a substance is rendered useless for use.
Soil- soil erosion is estimated to be exceeding soil formation by about 35%. It takes
about 200-1000 years for 4.5 cm of soil to form while the same amount of soil to lost in
less than 20 years by accelerated erosion.
1. Forest- The high demand for timber for industries use and domestic use. Well as
conversion of forests to form land and ranching have led to destruction of forests
especially in South East Asia.
2. Grasslands_ Destruction of grass lands is closely related to the loss of forests and
soils
Over – Cultivation and over grassing of grasslands leads to rapid decrease in soil
nutrients reducing the chance of further growth of vegetation. Loss of plant cover
promotes acidity and deforestation.
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Resulted over fishing which has led to depletion of some fish species.
4. Water
– The demand for water for irrigation power
Generation domestic and industrial use has exceeded sustainable supplies in many
parts of the world.
The National Environmental Action Plan (NEAP), has identified the following major environment
concerns in Zambia.
Deforestation
Wildlife depletion
Land degradation
Inadequate sanitation
Currently, it is estimated that about 20% of the forests have been cleared for commercial
agriculture in Southern, Eastern, Luapula and Northern Provinces.
Over cutting trees for timber and poles by illegal merchants as well as late burning have adverse
effects on forests. In order to utilize forests in a sustainable way there is need to re-afforest and
afforest some areas.
Afforestation- refers to planting of trees in areas that did not have tree cover before
WILDLIFE DEPLETION
It is estimated that close to 50% of the National parks are either depleted of game or have been
encroached upon by people for various activities. Among these are Lavushi- manda, Kasanka,
Lusangano, Lukususuzi, Siomangwezi, West Lunga and Mweru Wantipa the situation calls for
rehabilitation of the parks.
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Most of the Game management areas are almost depleted of the game. This is because human
settlements and other land uses were permitted, thus exposing them to degradation in the absence
of comprehensive management plan.
-National park- is an area that is protected by law for the conservation of wildlife.
-Game management area- is a protected area for wildlife in which legalized hunting is permitted
The main cause of the decline in the number of big game such as elephants and a rhino is
essentially poaching for trophies.
-Trophy-is something of value that is kept to remember or show other people ones achievement.
For example: rhino horns, leopard’s skins and elephant tasks
The table shows some of the endangered, vulnerable bird and animal species in Zambia:
S p e c i e s S t a t u s
S h o e b i l l V u l n e r a b l e
W a t t l e d C r a n e V u l n e r a b l e
S l a t e y E g r e t V u l n e r a b l e
T a i t a F a l c o n V u l n e r a b l e
L e s s e r K e s t r e l V u l n e r a b l e
B l a c k C h e e k e d L o v e b i r d V u l n e r a b l e
B l a c k L e c h w e V u l n e r a b l e
K a f u e L e c h e w e V u l n e r a b l e
B l a c k R h i n o E n d a n g e r e d
E l e p h a n t E n d a n g e r e d
L i o n V u l n e r a b l e
C h e e t a h V u l n e r a b l e
W i l d d o g E n d a n g e r e d
E l e p h a n t V u l n e r a b l e
-Endangered species- are species that are likely to be extinct if measures are not taken to protect
them.
- Vulnerable species- are species that are likely to be endangered if conservation measures are not
taken to protect them.
In order to improve the management of wildlife, Department of National parks and Wildlife has
been transformed into Zambia wild life Authority (ZAWA). Measures taken include:
-Encouraging game ranching especially along the line of rail where the demand for game meat is
high. There are more than 30 game ranches in Zambia today.
-communities surrounding wildlife sanctuaries actively participate in the management of these areas
and are rewarded from the proceeds of the utilization of these resources.
Pollution
- Another environmental problem Zambia faces to day is pollution of air, soil and water resource
-Effluents from the mines have long beenrecognized as a major environmental problem responsible
for loss of aquatic life along the Kafue River.
Mining results in environmental degradation. Natural landscapes are destroyed while existing land
uses such as agriculture and settlement are displaced due to:
- Uncontrolled especially by small scale mines around Lusaka (Quarrying) and the copper belt;
- Removal of vegetation covers accelerating soil erosion by wind and water;
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- Loss of flora and fauna either directly or indirectly through clearing or spread of pathogens and
fragmentation of habitats;
- Siltation and sedimentation of drainage systems and natural water courses either as discharges, or
erosion of over burden dumps;
- water pollution through the release of dissolved chemicals including heavy metals such as lead and
copper into streams, rivers, underground water either as direct discharge, seepage or overflow from
pollution control facilities.
- air pollution and dust due to emissions of substances such as sulphur dioxide, carbon dioxide and
nitrogen dioxide into the atmosphere in an unacceptable levels in rampant on the copper belt.
Pesticides
Are also other sources of environmental degradation
- pesticide is defined as a substance or mixture of the substances or organisms produced to this
also control, repel or mitigate any pest included’ substances that are used as plant regulator, or
defoliant.
- defoliant is a chemical that causes leaves to drop of plants, for example ‘agent orange’ was used
by the United States
-Pesticides have adverse effects on non- target organisms, human beings, wildlife, fish and birds.
Non – tangent organisms is an organism that is not intended to be killed by use of a pesticide. For
example, the pesticide malathion used by many farmers to control aphides in Zambia causes
deletions in the chromosomes of white blood cells, thus, it weakens the body’s system.
-Pesticides also contaminate surface and underground water sources. It is for this reason that DDT
has been banned in many countries as a pesticide.
- waste includes households leftovers of food, dirt, paper, tins, bottles, plastic bags
and containers, old cloths and unwanted leftovers from processing and
manufacturing processes
Biodegradable matter in dump sites generates toxic and hazardous gases such as methane
hydrogen, sulphide and carbon dioxide.
Uncollected waste and poor sanitary conditions especially in big towns like Luasaka, Ndola, Kitwe
and Livingstone have been regarded as being responsible for the out breaks of communicable
diseases such as dysentery and typhoid.
Poor waste disposal and management have led to the general deterioration of the environment
particularly in high density compounds and Perry urban areas.
Environmental Management
Environment Management refers to measures and controls directed at environmental conservation
and sustainable utilization of resources.
I n s t i t u t i o n M a i n R o l e s
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The Environment Protection and Pollution Control Act of 1990 created the Environmental Council of
Zambia (ECZ). The Environment Council of Zambia is also responsible for co-coordinating activities
of all activities of all ministries and organizations that are involved in the protection of the
environment in Zambia and the sub-region.
ZAWA was established b y an act of parliament of 1988. ZAWA is responsible for the establishment
and management of National parks, game management areas and protection of all wildlife.
- The government should develop a clear police on the environment. The policy should
ensure broader participation by all stake holders in the sector
- The environmental Council of Zambia should continue to effectively coordinate the
existing pieces legislation on the environment by various institutions.
- Some of the pieces of Legislation of legislation need to be repealed as they no longer
contribute to sustainable development.
-The government should regulate pollution and prevent or minimize environmental catastrophes.
Some recommendations on the legal actions that can be taken against environment pollutants:
Restrictions; Government can restrict or abolish production of harmful substance. For example in
1984, 36 tones of Methyl isocynate. (MIC) escaped in a cloud of mist and vapour at a Union Carbide
chemical plant, in Bhopal in India. Exposure to MIC severely damages lungs and burns corneas of
the eye.
Qualified Restrictions: Some pollutants are not acute poisons such as sulphur dioxide emitted by
smelters on the Copperbelt. In such a case, the government can permit specific emission levels. If
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more is released than the permitted levels, the plant concerned can be fined for violation of air
pollution standards.
Residual Charges: Industries and individuals who pollute the environment can also be charged
amounts proportional to the quantity of the pollutant emitted. In this way the polluter can either
dump the waste and pay the fine or deal with the waste in some other way such as treating,
recycling, storing it in a safe place or minimize its emission in the environment.
Other Measures
Zambia is also a party to several international conventions and agreements on the environment.
As a signatory to these conventions and agreements, the country has had access to international
funding and capacity building in the environmental management sector. For example,
GlobalEnvironmental Facility (GEF) and the United Nations Environmental Programme (UNEP).
Some of the conventions are:
Biodiversity
Biodiversity or biological diversity is a term used to describe a large variety and variability of living
things and the ecological environment in which they occur.
Levels of Biodiversity
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- Genetic diversity- this is the measure of the variability within and between
species.
- Species diversity- Refers to the total number of species in a given area
- Ecosystem diversity. This refers to the variety of habitats within which species
occur.
Significance of biodiversity
Human beings depend on a diversity of plants, animals and micro-organisms to survive and thrive.
The air we breathe is purified by green plants. Medicines are obtained from plants and micro-
organisms. Various animals are used for drought power, Transportation and other useful objects.
Homes and factories including furniture are made from plant and animal products. Some animals
are kept as pets and some plants are grown as flowers or ornamental trees
The rural population to a large extent depends on a variety of local resources available in
their areas. For example plants for fruits, tubers, leaves, grains or seeds, stems and
flowers, that are sources of food: and animals such as birds, mammals , fish and
invertebrates which are main sources or protein.
Plants and animals are not only used in construction or as raw materials in the processing
and manufacturing industries.
Various biological resources such as micro-organisms are used in the preparation of
medicines while some plants are widely used as herbal medicine.
Ecosystem- is a group of plants and animals occurring together with the physical environment
in which they interact
Biodiversity is also of aesthetic and recreational value. Game viewing sight seeing,
mountain climbing safari hunting and angling all depends on continued existence of a
variety of plant and animal species as well as the quality of the habitats in which
they are found
Aesthetic- is any object or work of art that displays great beauty.
Threats to biodiversity
Management of biodiversity
Culture of Totems- refers to a system of beliefs associating clans with names of animals and
plants. For example among the Bembas; benang’andu- crocodile clan, benabowa- mushroom
clan.
Zambia signed and ratified the convention on biological diversity in 1992 and 1993 respectively. By
ratifying this convention, Zambia committed itself to the conservation of the natural ecosystem
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diversity in sustainable manner and to share equitably the benefits derived from the utilization of
these resources.
Biodiversity Strategic Plan
The Zambian plan is based on the following goals:
Ensure conservation of the natural ecosystem through network of protected areas
Conservation of genetic diversity of crops and live stock;
Improvement of legal and institutional framework as well as human resource development
to implement strategies for S conservation, utilization as well as equitable sharing of
benefits from diversity management;
Development of an appropriate legal frame work on the risks involved in the use of
Genetically ModifiedOrganisms (GMOs). This is because side effects of GMOs are not yet
known
GLOBAL ISSUES
Global issues: refers to all those issues and developments and problems which affect the welfare of
people in all nations.
They include issues such as Human Rights and Good Governance, War and Peace, the World
Refugee crisis, the World Debt crisis, the World Energy crisis, International Trade, Global warming,
HIV/AIDS, the Bird Flu out break and Terrorism.
Global interdependence
Global inter dependence- means that each nation’s welfare may depend on the decisions and
policies of another nation and vice-versa.
Interdependence also means that each nation’s welfare depends on goods and services offered by
other countries. For example the developed countries of North America and Western Europe depend
on some of the industrial materials from the third world countries. On the other hand, Third world
countries depend on some of the developed countries for marketing of their raw materials and for
products such as industrial machinery, motor vehicles, computers and electrical appliances.
Foreign Aid
-Foreign Aid refers to the international transfer of funds, goods and services in the form of loans
and grants from one country to another.
Multilateral Aid- is assistance from international agencies formed by several countries. For example;
African Development Bank (ADB)
Arab Bank for Economic Development in Africa (ABEDA)
International Monetary Fund (IMF)
World Bank
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Bilateral and Multilateral aid usually comes in form of grants and loans. Grants and loans may come
in form of financial assistance, capital goods like machinery, relief food, or technical expertise
(skilled labour)
Grants- are gifts from International agencies to a government or from one government to
another; they are not to be paid back.
Loans- refer to transfer of funds, goods and services from one financial entity to another
which must be repaid usually with interest.
Types of loans
Hard loan- refers to a loan given at a high rate of interest.
Soft loan- is a loan given at a low rate of interest or is repaid without interest at all.
Tied Aid: refers to loans and grants which have stipulated conditions of use. For instance, the
recipient country may be required to spend a loan on specified project
The World Bank is also known as the International Bank for Reconstruction and Development
(IBRD) Its headquarters is in Washington.DC. (United States)The World Bank consists of four
affiliate institutions:
International Development Association (IDA)
International Finance Corporation (IFC)
Multilateral Investment Guarantee Agency (MIGA)
International Center for Settlement of Investment Disputes (ICSID)
The World Bank offers two types of loans:
Loans for developing countries with higher income: The IBRD gives loans to these countries and
allows them more time to repay. For instance, 15 to 20 years with a three to five year grace
period before the repayment of principle begins.
Loans for poor countries; These countries are usually not credit worthy in the international
financial markets and they cannot afford to pay market interests rates on loans. These loans are
provided with a 10 year grace period and they are repayable in 35 to 40 years.
Arguments for
It provides foreign capital needed by the recipient to supplement locally available investment
resources.
It provide more foreign exchange if the loan or the grant is invested in a project which produces
export products.
It provides new technology and skills which the local people can later acquire by means of training.
Such skills and technology are assumed to be both desirable and productive to the recipient nation.
The recipient government earns more revenue by taxing enterprises established with the help of
foreign aid and by participating financially in the operations of these enterprises.
Food aid alleviates famine in case of natural disasters such as floods, droughts and earthquakes.
Food aid also provides free or cheaper food to countries facing chronic food supply problems, and
hence it alleviates famine and death from malnutrition.
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Foreign aid promotes international co-operation between the donor and the recipient countries.
Arguments against
Loans and grants “tied to the donor” have to be spent on buying goods and services from the donor
country. Very often, these goods and services are more expensive and of lower quality than those
from other sources, otherwise there would be no need to “tie” the aid.
Loans and Grants “tied to projects” can only be spent by the recipient country on projects agreed
upon with the donor country.
Profits from foreign investment are usually externalized, and rarely reinvested in the recipient
nation
Loans most be paid with interest, and the lager the loan the lager the debt service burden.
Therefore, “foreign aid” tends to make the rich countries richer, and the poor ones poorer.
Food aid may worsen food shortages as it tends to reduce food price, hence killing the food market
for farmers in the recipient country, which may in turn cause reduction in domestic food production.
It also encourages laziness and creating a dependency, hence undermining self – reliance initiatives.
Food - aid is also often given as tied – aid and the food aid contracts may require the receiving
country to purchase certain goods from the donor country, or to support the donor country in
foreign policy.
Technology assist given by donors is not always appropriate or beneficial to the needs of the
recipient country, and it may require the importation of expensive machinery and spare parts form
the donor country
-The donor country: earns more money in form of interest on loan payments.
Creates a market for its machinery and spare parts in recipient country.
Creates overseas employment opportunities in form of “technical expertise” for its citizens in
the recipient country.
Trade:
Trade is the selling and buying of goods and services.
Types of trade
There are two types of trade. These are internal trade and external trade.
-Internal Trade is known as Home or domestic trade. This is the type of trade that takes place
within the country.
-External trade is also known as foreign trade or international trade. This refers to selling and
buying of goods and services between two or more countries.
Uneven Distribution of resources: no nation is endowed with all natural resources essential for the
functioning of a modern industrial economy.
Specialization: No country can produce all the goods and services it requires. Each country
specializes in a given line of industries where it is most efficient. Surplus products must then be sold
to other countries to pay for other goods and services. It may also be worthwhile for two countries
to specialize and trade with each other if each has definite and clear cut advantages in production in
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Technological Differences: some countries do not posses technological capacity to produce certain
products such as aircraft, motor vehicles, mining and agricultural machinery and computers. This
makes necessary for them to buy such products from other nations.
Supplement Domestic production: A nation with vast demands or inadequate local supplies of
certain products may import certain goods to supplement its own domestic production. For instance,
china is one of the world’s major producers of oil, but she still imports vast quantities of oil from the
middle East to add on to her domestic production.
Earn foreign exchange: trade is one way of increasing one’s own wealth through profit making. Very
often, a nation may still sell some if its products like grain, even when it does not have domestic
surplus in order to earn foreign exchange which is required to pay for other essential imports.
Promote international co-operation: Trade promotes international peace, co- operation and political
friendship.
Terms of Trade
Terms of trade means the rate at which a nation’s exports are exchanged for imports from
another nation. For instance, the rate at which British tractors are exchanged for Zambian
Copper, that is how many tones of copper are required to pay for one tractor. The terms of
trade depend on the prices of commodities on the international market.
Favourable Terms of Trade- Means the prices for your country’s exports are relatively
higher than the prices for its imports.
Unfavourable Terms of Trade- means the prices for your country’s exports are relatively
lower than the prices for
Imports
Balance of Trade
Balance of Trade is the difference between the value of visible imports and exports over a
particular period.
If the value Zambia’s Visible imports is equal to her visible exports we say that Trade is
balanced. But this rarely happens in real life.
-Favourable Balance of Trade- Is when the value of your country’s visible exports exceeds
the value of its visible imports. This is known as Trade surplus.
-Unfavourable Balance of Trade- occurs when the value of goods imported exceeds the
value of goods exported. This is also referred to as Trade deficit.
Balance of Payments
Balance of payments- means the difference in a country’s spending (payments) and
earnings from imports and exports respectively. It includes payments and earnings from
both visible and invisible imports and exports
Invisible imports are services such as Insurance, transport, tourism, and expatriate labour.
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This takes place when a country receives more foreign currency from exports, but spends
but spends less foreign currency on imports. This is also known as Balance of Payments
surplus.
Non-discrimination: A country should not discriminate between its trading partners. Trading
partners are all granted the most favoured nation (MFN) status.
Free Trade: There should be free trade and all trade barriers should be reduced through
negotiations
Predictability: foreign companies, investors and governments should be confident that tariffs and
other trade barriers will not be raised arbitrarily.
Competition: There should be more free competition in international trade. Unfair practices are not
allowed.
Special privileges for less developed countries (LDCs), this is done by giving them more time to
adjust to international rules of trade.
The WTO believes that decisions should be made democratically and by consensus, but in
practice less developed countries are often not given an equal platform to negotiate and
defend their trade interests.
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Civic Education Notes
Debt servicing: Debt servicing is the process of paying interest on outstanding loans. There are to
aspects to a loan;
one is that interest has to be paid on it
The second is that
Spending loans on consumption: Some Third World countries use loans to finance pure consumer
products and hence the failure to repay the borrowed money due to lack of productivity.
I case of Zambia the debt crisis was worsened by two other factors:
The fall in copper prices in the 1970s and the 1980s. Earnings on copper exports were
falling, yet spending on oil, machinery and other imports were increasing.
Zambia had to spend a lot of money on her defense forces, repairing destroyed
infrastructure, hosting refugees and freedom fighters and finding alternative routes for her
exports and imports.
The Heavily indebted poor countries (HIPC) initiative was introduced by the international donor
(creditor) community in 1996 and was revised in 1999. The
World Bank and the IMF were given the responsibility to oversee its implementation.
Provide funds for poverty reduction in form of debt relief. This means, funds saved as a
result of reductions in debt service payments would be used to finance poverty Reduction
Programmes (PRP)
Poverty Reduction
- adopt the poverty Reduction Strategy paper (PRSP)
- Present the 1st PRSP progress report
- Improve poverty Database
Education Sector
- Implement Education sector Reform
- Increase share of education in the budget to 23%
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Civic Education Notes
Health Sector
- Adopt a strategic frame work for HIV/AIDS
- Implement the strategic frame work for HIV/AIDS
- Implement and scale up the Action plan for the Malaria Control
- Implement Health Sector Reform.
Micro-economic
- Finalize the privatization of the Zambia Electricity Supply
Cooperation (ZESCO), The Zambia National commercial Bank (ZANACO) and
other state owned enterprises.
Water sub-sector
-Rehabilitate urban water supply system
Zambia had to struggle for five years (2000-2005) to reach the HIPC Completion point. In 2003
Zambia could not reach the completion point because the government had over spent. This forced
the government to freeze wages and appeal to the civil servants and ordinary Zambians to sacrifice
in order for the country to reach the HIPIC Completion point. The country reached the HIPC
Completion point in April 2005. Among the HIPC include: Benin, Bolivia, Burkina Faso, Ethiopia,
Ghana, Guyana, Honduras, Madagascar, Mali, Niger, Rwanda, Senegal, Tanzania, and Uganda.
Reduced External Debt Payment Levels: If Zambia had not qualified for the HIPC Initiative in
December 2000, she would have been paying 450 million -650 million US dollars per year as
debt payment. The HIPC initiative has reduced this burden to an average of 100million to
150 million US dollars per year. This has given Zambia enough time to pay the debt.
Reduction in the Total Debt stock: After reaching the HIPC Completion point it is expected
that the total out standing debt stock will gradually be extinguished.
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Civic Education Notes
2. Achieve Universal Primary Education: By 2015 ensure that all boys and girls complete
primary school education
3. Promote Gender Equality and Empower Women: Eliminate the Gender gap in primary and
secondary school enrollment preferably by 2005 and at all levels by 2015
5. Improve Maternal Health: By 2015 reduce by three quarters the ratio of women dying in
child birth
6. Combat HIV/AIDS, Malaria and Other Diseases: By 2015 stop and begin to reverse the
spread of HIV/AIDS and the incidence of malaria and other major diseases.
8. Develop a Global Partnership for Development: By 2015 develop further an open trading and
financial system that will include a commitment to good governance, development and
poverty reduction nationally and internationally.
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