0% found this document useful (0 votes)
2K views

Civic Education Notes Grade 10-12

The document provides an overview of civic education notes covering topics like the constitution, governance, citizenship, human rights, corruption, and more. It includes notes for grades 10 through 12 on these subjects. The notes define key concepts like the types and structure of constitutions. It also outlines the structure and content of the Zambian constitution.

Uploaded by

Lusungu Mayani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
2K views

Civic Education Notes Grade 10-12

The document provides an overview of civic education notes covering topics like the constitution, governance, citizenship, human rights, corruption, and more. It includes notes for grades 10 through 12 on these subjects. The notes define key concepts like the types and structure of constitutions. It also outlines the structure and content of the Zambian constitution.

Uploaded by

Lusungu Mayani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 152

Civic Education Notes

CIVIC EDUCATION SENIOR SECONDARY SCHOOL


GRADE 10-12 NOTES

TABLE OF CONTENT

1
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................................................................................................................................

2
Civic Education Notes

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.

Advantages of Written Constitution


 They are usually drawn up with great care and are clear and definite.
 They are also stable and steady.
 They are also free from manipulation by the Judiciary.
Disadvantages of Written Constitution
 They are not easily adaptable to emergencies and changing needs in society.

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.

Advantages of Unwritten Constitution


 They are easily adaptable to changing conditions in society.
 They can also be bent to meet national emergencies, and after emergencies have been
met, it can go back to its old form.

Disadvantages of Unwritten Constitution


 They are unstable.

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.

STRUCTURE AND CONTENT OF THE ZAMBIAN CONSTITUTION


The Zambian Constitution begins with a Preamble which is an introduction to the document. The
preamble states, ‘We, the people of Zambia by our representatives, assembled in our Parliament,
having solemnly resolved to maintain Zambia as a sovereign Democratic Republic and the Zambia
shall forever remain a unitary , indivisible, multiparty and Democratic Sovereign State; do hereby
enact and give ourselves this Constitution’.

3
Civic Education Notes

STRUCTURE AND CONTENT OF ZAMBIAN CONSTITUTION


PART T I T L E C O N T E N T
I NATIONAL SOVEREIGNTY AND THE STATE D e c l a r a t i o n o f Z a m b i a a s a S o v e r e i g n s t a t e .
I I C I T I Z E N S H I P Deals with the qualification for Zambian citizenship and conditions which can lead to withdrawal of Zambian citizenship.
I I I PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL Deals with the Rights and Freedoms of individuals which are protected. Stating the protection of rights and freedoms of individuals.
I V T H E E X E C U T I V E Deals with election, tenure of office and removal of the president from office; functions of the president, Ministers and Deputy Ministers, Secretary to the Cabinet, Attorney General, Solicitor General, Director of Public Prosecutions and Advisory Commit ee.
V T H E L E G I S L A T U R E Deals with qualifications for election to the National Assembly; legislative powers, membership of parliament and composition of national assembly.
V I T H E J U D I C A T U R E Deals with courts and appointment of judges, High court, Supreme Court, Chairman and Deputy Chairman of Industrial Relations Court.
V I I DEFENCE AND NATIONAL SECURITY Deals with the functions of the Zambia Defence Forces, the Zambia Police Service, the Prisons Service and the Zambia Security Intelligence Services.
V I I I LOCAL GOVERNMENT SYSTEM Deals with the structure and functions of local councils.
I X DIRECTIVE PRINCIPLES OF STATE POLICY AND THE DUTIES OF A CITIZEN Deals with development of national policies, implementation of national policies, making and enactment of laws; and application of the constitution and any other law.
X F I N A N C E Deals with taxation, withdrawal of monies from the general revenues, financial reports, remunerations of officers, public debt and the Auditor General.
X I SERVICE COMMISSION S Deals with commissions, pension laws and protection.
X I I HUMAN RIGHTS COMMISSION Deals with the establishment, the independence, functions, powers, composition and procedures of Human Rights Commission.
X I I I CHIEFS AND HOUSE OF CHIEFS Deals with institutions of chiefs, House of Chiefs, its functions and composition.
X I V M I S C E L L A N E O U S Resignations, re-appointments, concurrent appointments.

HISTORY OF CONSTITUTION MAKING PROCESS IN ZAMBIA


When Zambia got independence on 24 th October, 1964, it inherited the Northern Rhodesia self-
government constitution of 1963. The provisions in that constitution were meant to safeguard the
interests of white settlers. Therefore, since 1964, Zambia has had several (four so far)
Constitutional Review Commissions (CRCs) with the view of improving its constitution.

CONSTITUTION REVIEW COMMISSIONS IN ZAMBIA SINCE INDEPENDENCE


The Constitutional Review Commissions in Zambia are usually named after the chairman of the
commission.

1. CHONA CONSTITUTION REVIEW COMMISSION OF 1972


This was the first CRC and it recommended the establishment of a One Party State. This meant that
all other political parties were banned and not allowed to exist except UNIP (United National
Independence Party) which President Kaunda was heading. It became illegal to form any other
political party. This recommendation was adopted in 1973 and this was the beginning of the Second
Republic. A constitution that outlaws (bans) the formation of political parties does not encourage
free electoral participation and infringes on people rights and freedoms such as Freedom of
Association, Freedom of Conscience, etc.

2. MVUNGA CONSTITUTION REVIEW COMMISSIONS OF 1991


This was the second CRC and it recommended that Zambia should revert to, or reintroduce
multiparty democracy. This marked the beginning of the Third Republic.

3. MWANAKATWE CONSTITUTION REVIEW COMMISSIONS OF 1995


This was the third CRC and its main amendment to the Zambian constitution was the parentage of
persons contesting presidency of Zambia. It recommended that only persons whose parents were
both born in Zambia could be eligible (allowed) to stand for presidency. As a result, the then
presidential aspirant Dr. Kenneth Kaunda was automatically disqualified since his parents were not
born in Zambia.
4. MUNG’OMBA CONSTITUTION REVIEW COMMISSION OF 2005
This is the fourth CRC and its recommendations are yet to be adopted.

CONSTITUTION MAKING AND ADOPTION PROCESSES


a) Constitution Making Process
Different countries use different ways to make their constitutions. For example, the United States of
America used a Constituent Assembly to make its constitution. The Constituent Assembly was a
group of representatives elected by various states and this group drafted the constitution for the
country.
In Zambia, the Executive wing of government initiates the making of the National Constitution. The
republican president using the Inquiries Acts appoints a CRC to collect views from citizens through
sittings conducted country wide were citizens make submissions orally or in writing as groups or

4
Civic Education Notes

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.

b) Constitution Adoption Process


Constitution Adoption process means the process of approving the copy of a draft constitution so
that it becomes an official document. There are two main methods which are used to adopt a
constitution and these are;
1. Through Parliament
Under this method, the draft constitution is submitted to Parliament. Parliament then debates the
draft before adopting and sending it to the president for assent (signing). Zambia used this method
for the first three CRC’s.

2. Through a Constituent Assembly (CA)


A Constituent Assembly is a body of representatives elected by their respective interest groups to
formulate, amend or adopt a constitution of any country. Representatives may be drawn from
churches, learning institutions, trade unions, civil society, etc. The most important thing is that
every citizen regardless of gender, religion, ethnicity, creed, sex, age and beliefs identifies with the
interests being expressed by a member or members of a Constituent Assembly. This is the best way
of adopting a constitution as it is more representative than parliament. It is independent and also
free from control of the government or any person. Countries like India, Namibia, Ethiopia, South
Africa, America, adopted their constitutions through this process. National Constitutional Conference
(NCC) is similar to CA except with NCC the adoption is done by parliament, which can decide either
to adopt or reject the draft constitution.

CHARACTERISTICS OF A GOOD CONSTITUTION


The following are some of the characteristics of a good constitution;
 It must clear. The language used in the document must not be too technical. Even ordinary
citizens other than lawyers should be able to understand and interpret it.
 Must protect the Rights and freedoms of citizens.
 Must cater for the interests of various groups in society.
 Must protect and respond to the social, economic and political needs of citizens.
 Must be stable and stand a test of time (useful over a long period of time). It must not easily
be changed at the pleasure of any president who comes into power.
 It must be neither too rigid to prevent change nor too flexible to encourage tampering with
the basic principles.

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.

“There’s no next time. It’s now or never.”


Girl’s, Use this opportunity life has presented you with to the best of your Ability, that way, you will
never regret anything.

5
Civic Education Notes

GOVERNANCE
Definition
Governance is the way people are ruled with or without their consent.

Governance in pre-colonial Zambia


Governance is as old as humanity. All societies on earth have had at least one form of government
or another. It therefore follows that Zambians too had some form of government in the pre colonial
era

Types of Governance
Good governance means a government which is legitimate, competent, accountable, and respects
human rights and the rule of law

Importance of good governance


- It enables citizens to enjoy human rights and freedoms
- It makes the government accountable to the and people and makes governments operations
transparent
- Citizens have the right to know what the government does for them or how the leadership
intends to solve their problems
- It enables citizens to fully participate in electing leaders of their own choice

Characteristics of Good governance

Citizen Participation

6
Civic Education Notes

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.

Respect for human rights


All forms of human rights are recognized promoted and respected

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

Independence of the Judiciary


The judiciary is vested with the responsibility of interpreting and enforcing the laws the chief justice
and judges should be free from interference by the Executive and the legislature. Once appointed,
they cannot be easily dismissed.

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.

Accountability and Transparency


Accountability means that leaders should be answerable to the people who elected them into office.
Transparency requires that public resources must be used for government and community programs
and activities in consultation with the people.

Regular free and fair elections


Elections must be held at agreed intervals. For example in Zambia General elections and local
Government elections are held every five years. Every citizen who has reached the voting age
should register and vote. This is k known as Universal suffrage, Franchise or right to vote.

The rule of law


The rule of law rule of law means that government or those in power rule the country in accordance
with the constitution and the other laws of the country. All people in the country are subject to the
same laws and should be held accountable if they break them. Without the rule of law there will be
anarchy in society. However the rule of law can only be legitimate if credible laws are in place.

Existence of political parties


A political party is a voluntary association of people who share common values and wish to form the
government of the country. During elections political parties sponsor candidates for the office of the
president, members of parliament and ward councillor.
Functions of Political parties
- Educate people on their rights and obligations.
- Point out the shortcomings of the government in power
- Provide alternative programme through manifestos
- Provide checks and balances
- Facilitate peaceful transfer of power from one political party to another

Existence of civil Society


A civil society is a group of voluntary individuals and organizations which are not part of the
government instructions. They should operate without the government interference. A trade Union
is part of the civil society. It is an organization that of workers formed to protect the work errs and

7
Civic Education Notes

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

Helpful and caring


Good governance requires that the government should be helpful and take care of the interests of
the citizens both at hone and abroad. Public services such as transport, health, and education
should be treated with courtesy. Good governance makes sure that public servants are properly
trained in public relations and that there are clearly defined standards of behaviour for those who
serve the public directly

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.

Characteristics of Bad Governance

Restriction on Political parties


People are forced to vote for certain candidates whenever elections are held. Opposition parties are
not allowed to exist. If they exist they are strictly controlled by the government

Lack of separation of powers


Political power is controlled in the hands of one person or a few people.
For instance the executive can interfere with the operations of the Judiciary and the legislature

Lack of press freedom


The press is controlled by the government and often report favourably on government policies.
Opposing or dissenting view are not allowed in government owned media

Violation of Human Rights


There is no respect for Human rights. People who oppose the government can be tortured and
detained without trial or can be killed

Judiciary not independent


The Judiciary is not independent of the Executive and the legislature. There is little respect for the
rule of law and there is no fair trial.

Arbitrary arrests
There is arbitrary arrests of suspected dissidents who are critical of the government. The secret
police spies on the citizens

Lack of freedom of association and Assembly


Voluntary associations such as Trade Unions and Non Governmental Organizations do not operate
freely. Those which do not conform to government policies can be banned

Neglect of public welfare


Government Leaders do not care for the welfare of the people. There is corruption, Nepotism and
other forms of abuse of office

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

8
Civic Education Notes

Irregular and Unfair elections


Elections are not held regularly. If held they are not free and fair. There is vote rigging

Lack of Citizen Participation


The government decides for the people. People become servants instead of masters of the
government. The government claims to know what good for the people is. People are rarely
consulted and their concerns are often ignored

Electoral systems
Electoral systems are methods through which the governed choose their leaders or representatives

Types of Electoral systems


1. Single member Plurality System (SMPS) or First Past the Post (FPTP)
It is commonly known as Winner Takes all. In this system the country is divided into
electoral constituencies. Any candidate who gets the highest number of votes wins the
election even if the candidate gets the vote above the other

Disadvantage
The candidate can be rejected by most of the electorate but still mange to win an election by
minority votes

2. Single member Majoritarian system (SMMS)


Under this system a country is divided into several constituencies. The winner of an election
must win an absolute majority of votes in the constituency. This means that a candidate
should win over 50% of the votes cast in an election. Where a candidate fails to get an out
right majority of vote’s election will have to be conducted for the two top winners. This is
known as Electoral Re-run
3. Proportion representation system (PRS)
In this system representatives to the legislature are chosen according to party regional or
ethnic Proportions. The most common Proportional Representation system is the party list
system (PPLS) in this system the whole country forms one single constitution. There is no
constituency delimitation. After elections parliamentary seats are shared among the political
parties according to the proportion of (percentage) of total votes they have scored. For
Instance If Part A won 42 percent of the votes cast then 42% of the seats will go to party A
Each party nominates Members of parliament from among its members to represent in the
legislature. The leader of the party which gets the highest proportion of seats in the
legislature forms government

Disadvantage
The members of parliament are not answerable to the electorate but to their political parties
which nominated them.

Mixed Member Proportionality System


This is a combination of First Past the Post (FTP) and the Proportional Representation
System. This system allows for some members of parliament to be elected through the FPTP
system while others occupy legislative seats through the party List System

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

Characteristics of elections in Good Governance


- Periodic
This means that elections should be held at prescribed intervals
- Competitive

9
Civic Education Notes

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

The Zambian Electoral System


The 1996 amended constitution of Zambia prescribes the Single member plurality system
(SMPS). The Electoral Commission of Zambia (ECZ) conducts elections in Zambia

The Electoral code of Conduct instrument number 90 of 2006


The electoral code of conduct of 2006 is a st of rules and principles and regulates the conduct of
all stake orders before, during and after elections. The code does not allow any form of
intimidation violence, bribery, vote buying corruption and office inducement as means of winning
elections. The code also does not allow the use of government facilities and transport for
campaign purpose.

Types of Elections in Zambia


There are three types of elections in Zambia, these are
\

Primary Elections
These are held whenever democratic political parties want to choose candidates to stand in
presidential, Parliamentary and local government elections

Presidential, Parliamentary and local Government Elections


These are also known as General or tripartite Elections. They are held every five years to elect
the president, members of parliament and ward counsellors as stipulated in the Zambian
constitution

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

10
Civic Education Notes

 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

Dangers of election rigging


Election rigging or cheating can cause great harm to the nation because:
 They may lead to costly election petition and by-elections.
 People may lose faith in democracy
 There may be increased voter apathy as people lose confidence in elections
 The government may lose support of the people
 Strikes and demonstrations may be organized to protect against the false results
 If prevented from forming government that has lost the elections may use weapons to
fight against the government, thereby bringing about a civil.
 a rigging government may face international sanction and isolation

The Local Government System


Before independence in 1964 the British colonial Administration ruled the country through the
central government and native authorities. Tne3 native authorities fell under the Ministry of Native
Affairs Native affairs consisted of chiefs and other traditional leaders. Duties performed by Native
Authorities included the collection of taxes like poll tax and hut tax. They also issued licenses such
as dog license, bicycle license and store license tom people.

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

The composition of District councils was as follows


 District governor- chairperson
 District political secretary
 District women’s chairperson
 Two trustees
 Ward councillors Members of parliament from areas
 One representative of chiefs elected by chiefs in the district
 One representative from each of the security forces
 One representative from each Trade Union

11
Civic Education Notes

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

Functions of the local council


 Provide clean and safe water
 Provide accommodation and plots for development
 Maintaining the environment awarding trading licenses to people
 Provide street lighting
 Maintaining streets and roads
 Maintaining grave yards
 Controlling livestock movement
 Constructing and maintaining markets
 Town planning
 Sewage disposal
 Providing recreation facilities such as swimming pools and parks
 Providing public health facilities and control of epidemics such as cholera
 Providing education facilities such as schools
 Collecting levies
 Making by laws

12
Civic Education Notes

13
Civic Education Notes

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 and Moral Aspects of Citizenship

 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.

14
Civic Education Notes

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:

a. The rule of residence:


This rule states that a foreigner is required to live in the host country for an uninterrupted
minimum period of time before he or she can apply for citizenship. In Zambia, a foreigner
becomes eligible to apply for citizenship after living in the country for at least ten years.

b. The principle of declaration on a prescribed form:


This requires a foreigner to fill-in prescribed application forms and provide necessary documents,
declaring his or her intention of applying for citizenship. in Zambia.

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.

Qualifications for Zambian Citizenship


Part II of the 1996 amended constitution of Zambia articles 4, 5 and 6 stipulate the following conditions
for one to be a citizen:

(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.

15
Civic Education Notes

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.

Article 6 Any person who

(a) has attained the age of twenty – one and


(b) has been ordinarily resident in Zambia for a continuous period of not less than ten years
immediately preceding that person’s application for registration; shall be entitled to apply to the
Citizenship Board, in such manner as may be prescribed by or under an Act of parliament, to be
registered as a citizen of Zambia.

The Green National Registration Card (NRC)

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

Part II of the 1996 amended Constitution of Zambia, article 9 stipulates that:

1. A person shall cease to be a citizen of Zambia if that person:

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.

One can lose citizenship for any of the following reasons:

 Acquisition of a new citizenship of another country by a naturalised citizen;


 Deserting from military service by a naturalised citizen when called upon to do so by the state;
 Committing a serious crime or engaging in unacceptable activities by a naturalised citizen.

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

16
Civic Education Notes

revert to his/her natural citizenship and goes back to the country of origin, this is known as voluntary
repatriation.

Qualities of a Good Citizen


The following are some of the qualities of a good citizen.

 Living up to democratic principles:


This requires the willingness to participate in the affairs of the state such as exercising the right to
vote
 Contribution to national development. This is the readiness to render every kind of service to the
nation.
 Self-control This is the ability to restrain oneself from doing bad things.
 Conscience This is a sense of responsibility and service towards the community. For example,
devotion to duty and service. Conscience drives one to perform his or her duties honestly and
diligently.
 Courage This is the strength to stand up for one’s convictions when conscience demands it.
 Respect for law This is the willingness to abide by laws, even when one may not be in complete
agreement. It is the willingness to work through peaceful, legal means to change unjust laws.
 Perseverance This is the willingness to work under difficult circumstances in order to accomplish
worthwhile goals.
 Emphathy Having concern or compassion for the well-being of others, especially for the
vulnerable in society.
 Patriotism This involves a sense of love and loyalty to the state by observing the values and
principles of one’s country

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.

Duties and Responsibilities of a Citizen


Part IX of the 1996 amended Constitution of the Republic of Zambia, Article 113 outlines the duties of a
Zambian citizen. It states that it is the duty of every citizen to:
(i) be patriotic and loyal to Zambia and promote its well being;
(ii) contribute to the well being of the community where citizen lives, including observance of
health control;
(iii) promote democracy and rule of law;
(iv) foster national unity and live in harmony with others;
(v) vote in national and local government elections;
(vi) provide defence and military service when called upon;
(vii) carry out with discipline and honesty legal public functions;
(viii) pay all taxes and dues legally due to the state;
(ix) assist in the enforcement of the law at all times.

Personal Responsibilities:
(a) taking care of oneself.
(b) supporting one’s family.

17
Civic Education Notes

(c) adhering to morals, principles and values of one’s society.


(d) respecting the rights and interests of others.

 Civic Responsibilities or duties:


The responsibilities or duties of a citizen include the following:
a. obeying the law.
b. paying taxes.
c. respecting the rights of others.
d. being concerned about public issues.
e. participating in civic activities such as voting.
f. performing public service.
g. observing and maintaining the security of the nation.

Obstacles to Good Citizenship


(a) Indifference: When citizens are indifferent to their rights and duties and are too
concerned with their personal safety and security, democracy cannot thrive. Everyone is
only interested in what they can get for themselves from the start at the expense of other
citizens.
(b) Self interest: An individual who is motivated by self-interest avoids public
responsibilities or simply ignores the general welfare of his or her society.
(c) Allegiance to political parties: Though it is accepted that a multi-party system is
essential for democracy, a bad citizen may put the interests of a political party he or she is
affiliated to above national interests. Total allegiance to a political party blinds its
members to their allegiance to the whole nation.
(d) Poverty: A poor citizen is not interested in national issues. He or she cannot take an
active part in the affairs of the nation.
Such a citizen is often preoccupied with finding the means of survival. Poverty often
makes some citizens to engage in anti-social activities such as theft, cheating, and voter
apathy.
(e) Ignorance: An un-informed or ignorant person often fails to differentiate between wrong
and right. This prevents such a citizen from making full contribution to national
development.
(f) Defects in the electoral system: If large sections of society are unrepresented in the
electoral system, this can make them lose interest in the affairs of the state as they may
not feel a sense of belonging.
(g) Reports of corruption in the media: Print and electronic media such as newspapers,
radio, television, internet may twist the truth and misinform the public to such an extent
that citizens are not able to assess issues knowledgeably and correctly.
(h) The complexnature of modern society: In many cases, individuals today belong not to
citizenship based on national borders but also to other forms of citizenship that transcend
national boundaries such as religion or environmental concerns. Thus, it may be difficult
to harmonise interests of one citizenship with those of another. For example, eco-
citizenship with Christian Citizenship on birth control.

Ways of Promoting Good Citizenship


 Administrative Improvement
Restructuring of political and social institutions to keep pace with the times and the wishes of
citizens helps to improve attitudes. When citizens are assured of their fundamental rights and
are consulted on constitutional reforms they will feel a shared responsibility with the
government of the day about the welfare of their country. Short tenure of office for elected
officers will lead to frequent elections that will bring about accountability in leaders.
Broadening franchise to include a large section of the citizens and a law requiring compulsory

18
Civic Education Notes

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.

Economic, Social and Cultural Rights

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

19
Civic Education Notes

 The right to health.


 The right to employment
 The right to social security.
 The right to a clean environment
 The right to development.
 The right to adequate housing.

Special Groups
These are groups of people with special needs. For example, refugees, unemployed youths, children,
street kids and orphans.

(a) Persons with disabilities

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.

(b) The aged

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.

(c) Unemployed Youths

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.

Importance of Citizen Participation in Community Activities


Good citizenship involves participating actively in various affairs and projects which affect one’s
community. Such participation can take many forms. One way of participating involves taking full
responsibility for one another for the common good.

The following are examples of duties of a responsible citizen in his or her community.

20
Civic Education Notes

 Voting during local government and general elections.


 Monitoring elections.
 Initiating developmental projects in the community. For example, building a school and
providing clean water and sanitation.
 Protecting oneself and other people against crime. for example, by being a member of the
neighbourhood watch committee.
 Participating in decision making. at all levels.
 Creating awareness of human rights in the community.
 Recognising and protecting human rights.
 Encouraging gender balance in public affairs.

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.

21
Civic Education Notes

INTRODUCTION TO HUMAN RIGHTS

Human Rights are an entitlement that has that one has simply because one is a human being.
Entitlements are claims or freedoms.

Historical Development of Human Rights.


Human Rights have always existed. Throughout history of mankind one can see through rules and
laws that elements of human rights were acknowledged. In recognition of the “golden rule” Do unto
others as you had have do unto you, which summarizes rights and responsibilities, found in the
Christian Bible has similar sayings in the Hindu, Vedas, the Islam Quran, the Babylonian code of
Hammurabi and the analects of Confucius an ancient religion of China are examples of the
recognition of human rights in various parts of the world.

Other documents mentioning individual human Rights are:


 The magna Carta of 1215
 The charter of Mande of 1222
 The English Bill of Rights of 1689
 The French declaration on the rights of man and citizens 1789
 The US constitution and the Bill of Rights 1791

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.

Characteristics of Human Rights


Human Rights are Inherent
Inherent is that which is a natural gift. Inherence means that which is an essential part of
something and taking it away means that something is no longer what it is supposed to be.
Therefore Human Rights can only be violated denied but not taken away. They are inherent because
we are all born with them. They cannot be transferred from one person to another.

Human Rights are Inalienable


Inalienable means those things that cannot be taken away or separated or given away. Human
Rights cannot be forfeited or diminished by one’s failure to exercise them even though one can be
unaware of his or her rights. They are legal (lawful) entitlement for all members of society.

Human Rights are Universal

22
Civic Education Notes

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.

Indivisible, interdependent and interrelated


They are indivisible because all rights are equally important and they cannot be divided or
subtracted from. There is no Hierarchy (high or low rank) in humans Rights. Every right has equal
status. They should be enjoyed in totality.

Categories of Human Rights.


Civil and Political Rights
They are called First Generation Rights. These are first generation rights because they were the first
Rights to be recognized as rights of the individual and places obligation on the government not to
interfere with the life of the individual. They are found in the Zambian Constitution.
 Right to life
 Right to person liberty
 Protection from slavery or forced labour
 Freedom of conscience
 Protection of freedom of assembly and association
 Protection of the freedom of movement

Economic, social and cultural Rights


Economic and Cultural rights are called “Second Generation Rights” This category consists of rights
that are economic, social and Cultural in Nature.
 Right to food
 Right to employment
 Right to social Security
 Right to education
 Right to health (Medical Care)
 Right to clean environment
 Right to development
 Right to adequate housing

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

Significance of Human Rights


 Human Rights focus on the dignity of the human being. Dignity is honour, importance, self
esteem and respect that a human being is entitled to.

 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.

23
Civic Education Notes

 Respecting the fact that people have legally established claims and entitlements.

 Recognizing Accountability and responsibility in relationship between the individual,


institution or state that has a duty to fulfill the rights called ‘duty bearer and the person who
has the rights called ‘’ rights holder’.

 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.

24
Civic Education Notes

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.

25
Civic Education Notes

(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.

Other Causes of Corruption and Related Crimes


 Unnecessary Long Procedures (red-tape): Some procedures that officers are expected to follow in
work places may unnecessarily be too long. The officers may take advantage of such delays to
demand kick backs for fast action.
 Lack of Political Will: Some governments lack political will to deal with corruption firmly.
 Lack of Transparency and Accountability: If a government lacks checks and balances, there is
mis-management and misuse of public funds.
 Abuse of Power: If there is excessive concentration of power in the hands of an individual, he or she
may hinder investigations of corruption practices.

 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.

26
Civic Education Notes

(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.

The Impact of Corruption on the Zambian Society


Corruption can have a negative impact on the Zambian society. Generally, It can cause a lot of injustice
and unfairness. Such acts can cause a lot of damage to the country’s resources. High levels of corruption
may inflate prices of goods and services. This can bring about untold misery to many people particularly
the poor.

The following are some of the affected areas:

 The Law Enforcement Agencies


It is the duty of the Police in any country to maintain law and order. When the police fail to maintain
law and order because of corruption. Consequently, citizens can take the law into their own hands.
 The Judicial System
When court officials get involved in corrupt practices, justice is interfered. Case records disappear,
trials are delayed and the outcome of cases no longer depend on the sufficiency of the evidence
available, but on the amount of bribes that can be offered. Therefore, justice is denied.
 The Electoral Process
Sometimes vote buying takes place during the election period. Different political parties usually give
money and other materials strategies for purpose of winning favours from the voters. This results in
leaders and political parties who do not deserve to win the elections coming into power.
 Security of the Nation
When, corruption takes place in offices such as the National Registration Office, Passport Office and
Immigration Office, criminals with ill intentions may enter the country. Such people may endanger
the security of the nation.
 The Economy
The impact of corruption on the economy is clearly seen in money laundering activities, tax evasion,
and other economic crimes which lead to economic instability. This deprives the country of revenue
and scares away investors.
 The Education System
When bribes in whatever form are paid by candidates to be admitted into institutions of learning such
as colleges and universities instead of gaining admission on merit, even those who do not deserve are
admitted. This results in the production of under-qualified graduates, and this has a negative impact
on the economic development of the country.
 Administration of Land Matters
Some people pay officials bribes in order to get land illegally. This has led to unfair distribution of
land. As a result, unplanned or prohibited settlements are a common sight in most urban areas in
Zambia.
 Procurement of Goods and Services
The procurement of goods and services has not been free of corruption. Tender procedures may
sometimes not be followed when awarding contracts. A purchaser or buyer may disqualify potential

27
Civic Education Notes

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.

Institutions involved in the Fight Against Corruption


The Anti Corruption Commission (ACC)
The Anti Corruption Commission is the official institution established by government to fight
corruption. In Zambia, the Commission was established through the Corrupt Practices Act No. 14
of 1980 and became operational in 1982. The act was repealed in November, 1996 and was
replaced by the Anti Corruption Act No. 42 of 1996 which came into effect on 17th March,
1997.The ACC is an autonomous corporate body. This autonomy means that duties should not be
subject to the direction or control of any person or authority. It also implies that instead of reporting
to the president, as it used to be the case under the repealed Act, the ACC reports to the
commissions board. The Anti Corruption Commission Board comprises five (5) members who
direct the work of the commission.

The Fight Against Corruption


The Anti Corruption Commission uses the following methods in its fight against corruption.
(a) Corruption prevention.
(b) Community education.
(c) Investigations and prosecution.

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.

Investigations and Prosecution


Under this approach, the commission receives and investigates complaints of suspected corrupt
practices and where evidence is established, prosecution follows. However, the Director of Public
Prosecutions has to instruct the commission to go ahead with prosecution, or not. Through this
approach, the commission is also mandated to investigate any conduct of any public officer who
may be connected with corrupt practices.

28
Civic Education Notes

Other Methods of Fighting Corruption


Other than the methods explained above, the commission’s general fight against corruption is
enshrined in the slogan ‘promote integrity, say no to corruption.’ In this slogan, the commission
urges the general public to give maximum support to the Anti Corruption Commission in the fight
against corruption. The entire Zambian citizenry is urged to promote integrity. That is, everyone
has a legal obligation to report any corrupt act to the Anti Corruption Commission.

Other Government Institutions Involved in the fight Against Corruption


Apart from the Anti Corruption Commission, there are several other institutions that have been charged
with the role of enforcing the law on corrupt related vices. Some of them include the following:
 Zambia National Tender Board.
 Parliament
 The Auditor General’s Office.
 Investigator General’s Office.
 Anti Money Laundering Unit.
 The Zambia Police.

Zambia National Tender Board


The Zambia National Tender Board was established in 1983. The objective was to control and
regulate the procurement of goods and services by government ministries and departments as well as
parastatal organisations. The board is made up of an Inspectorate Unit that monitors contracts placed
by itself, government departments and parastatal bodies. The Zambia National Tender Board ensures
that the procedure in the procurement system is done in a transparent and an accountable manner.
Parliament
The role of parliament is to make laws. However, Parliament also provides checks and balances of the
Executive and the Judiciary. For example, the Public Accounts Committee scrutinises the Auditor
General’s Reports on misuse, misapplication and embezzlement of public funds. The committee can
make recommendations to the Executive for action.

Auditor General’s Office


The Auditor General’s Office is provided for under Article 121 of the Republican Constitution. The
office is charged with the responsibility of ensuring that public funds allocated by parliament are used
for the intended purpose. The Auditor General’s Office audits accounts relating to the general
revenue of the Republic, the expenditure of monies apportioned by parliament, the Judicature, the
accounts relating to the stocks and stores of the government and accounts of state owned enterprises
and corporations. The Auditor General prepares and submits audit reports of government accounts
for each financial year to the President who in turn presents them before the National Assembly. The
reports are scrutinised by the Parliamentary Public Accounts Committee before they are debated in
Parliament.
Investigator General’s Office
The Investigator General, also known as an Ombudsman, is the head of the Commission for
Investigations. The Commission plays a vital role in protecting human rights. Any person is free to
write to the Investigator General to lodge complaints about any violation of his or her rights. The
Investigator-General works with a team of officers who carry out investigation on complaints about
corruption matters and related vices against the workers in government, local authorities and

29
Civic Education Notes

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.

Civil Society Organisations Involved in the Fight Against Corruption


Civil society organisations also play an important role in promoting integrity, transparency and good
moral behaviour in public and private institutions. Some of these organisations were exclusively
established to deal with corrupt practices in public and private institutions. The following are the most
prominent and established civil society organisations that deal with corruption issues:

Foundation for Democratic Process (FODEP)


The Foundation for Democratic Process (FODEP) is one of the oldest civil society organisations in
Zambia. It was established in 1991 with the objective of promoting democracy in Zambia through
programmes of civic education and promotion of human rights and election monitoring. However,
FODEP also focuses on Anti election corruption activities under its Community Activities
Programme: Thus FODEP conducts awareness programmes by educating the public on corruption in
the electoral process, and the need for electoral reforms to enhance democracy and free and fair
elections.
Transparency International Zambia (TIZ)
Transparency International Zambia (TIZ) was established in June 2000. It was formally registered in
January 2001 and officially launched on 20th July of the same year. TIZ is a Zambian chapter of
Transparency International (TI) with an exclusive focus on corruption. The overall objective of TIZ is
to develop sustainable capacity in the civil society, media, public and private sectors. This is to
effectively fight corruption and promote high integrity and good governance in Zambia.
Thus, the main goal of ITZ is to contribute to the reduction of corruption through the following
objectives:
a) creating interest among stakeholders and encouraging them to appreciate the concept of
collective responsibility.
b) undertaking research on various aspects of corruption, good governance and integrity.
c) advocating and lobbying for zero tolerance towards corruption in society.

National Movement Against Corruption (NAMAC)

30
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.

a) In groups, carry out a research activity on any government institution or Non-Government


Organisation involved in the fight against corruption in Zambia.
b) Interview a resource person from the education section of the institution or organisation of your
choice. Write a report and present it to the class.

Individuals and Groups in Society that fight against Corruption


Individuals and groups can participate in the fight against corruption by:
 changing attitudes from tolerance to total rejection of corruption.
 accessing information on procedures of how to deal with corruption cases.
 reporting corrupt officers to institutions that are combating corruption e.g. Police, Anti Corruption
Commission, Transparency International.
 Supporting organisations that are fighting corruption.
 demanding integrity and high sense of morality from public office bearers.
 not keeping silent when they feel a corrupt practice has been committed.
 encouraging development of institutions, laws and practices to ensure that responsible citizens
report corrupt instances without fear of victimisation by perpetrators.
 allowing a free press.
 taking responsibility for their actions.
 Knowing the procedures on how to acquire services.

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.

31
Civic Education Notes

Investigative Journalism: means careful and thorough inquiry into hidden issues for edition and
publications.

32
Civic Education Notes

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 learnt: it is passed on from generation to generation. It is taught to an


individual by society in which the individual is born in. The way to speak, what to eat,
how to heat, how to relate to others, what to believe in is taught.

- 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.

- Cultural is comprehensive: it is the sum total of a society’s way of life, therefore it is


comprehensive

33
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

- Culture is based on symbols. In order for a culture to be transmitted successfully from


one next generation to the next, a system of symbols is created and translates the ideals
of the Culture to its members. This accomplished through language, art, religion, and
money

- Culture is integrated: in order for a culture to be transmitted successfully from one


person to another it must be integrated

- 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.

The Importance of culture


 Culture contributes to re enforcing of ones identity and the ability to critically reflect on that
identity. The awareness of ones own identify is essential to development an interaction with
others.
 Cultural heritage is understood to mean archives, pieces of art, and places of worshiped
monuments.
 No development without culture. If culture is interpreted as whole of beliefs, habits and
customs of a society, culture is the foundation that supports every development. Economic
development without roots in culture can never be sustainable development
 The status of culture has evolved dramatically since the adoption of Article 27 of the
Universal declaration of Human Rights which affirmed, for the first time, the right to freely
participate in the cultural life of the community and to enjoy the arts.
 All around the world, the intrinsic virtues an impact of culture on an individual an community
development are being questioned, studied, measured and hopefully, rediscovered. There is
keen interest in the specific relationship between arts and culture and the economic and
social development of our communities

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

34
Civic Education Notes

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.

8. Sub culture people


A sub culture is away life or behaving which a small group of people belonging to the same
culture may portray. The sub culture may arise because of different occupations in society
which result in differences in power and prestige

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.

35
Civic Education Notes

Cultural Practices in Zambia

Respect for elders


It is a belief that anybody older than oneself should be accorded respect in speech and treatment
regardless of status race or blood relationship. It is common to call an older person ‘mum”, Dad, Grand
father or grandmother. When young persons are in the presence of elders they expected to kneel as
assign of respect.

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.

Types of Traditional ceremonies


 Harvest festivals
 Commemorative ceremonies which focus on activities that honour memory of the dead,
migration etc
 Religious festivals for the gods in honour of specific gods.
 Ceremonies for small intimate groups such as boys and girls when these come of age.
 Others are created in order to promote some particular development agenda. E.g The Ngoma
awards which promote the arts

Public Ceremonies include


 Kuomboka of the Lozi
 Umutomboko of the Lunda of Luapula
 Ukusefya pa ng’wena of the Bemba
10.  Mabazgo of the Tumbuka

36
Civic Education Notes

Cultural Practices in Zambia

Respect for elders


It is a belief that anybody older than oneself should be accorded respect in speech and treatment
regardless of status race or blood relationship. It is common to call an older person ‘mum”, Dad, Grand
father or grandmother. When young persons are in the presence of elders they expected to kneel as
assign of respect.

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.

Types of Traditional ceremonies


 Harvest festivals
 Commemorative ceremonies which focus on activities that honour memory of the dead,
migration etc
 Religious festivals for the gods in honour of specific gods.
 Ceremonies for small intimate groups such as boys and girls when these come of age.
 Others are created in order to promote some particular development agenda. E.g The Ngoma
awards which promote the arts

Public Ceremonies include


 Kuomboka of the Lozi
 Umutomboko of the Lunda of Luapula
 Ukusefya pa ng’wena of the Bemba
 Mabazgo of the Tumbuka

37
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

CLASSIFICATION OF SUBSTANCES ACCORDING TO THEIR EFFECTS


 Depressants- These are substances that slow down the action of the central nervous system.
They are also known as Sedatives or hypnotics. E.g Alcohol, mandrax and valium. They
decrease awareness and tension. But when taken in larger amounts, they lead into coma, a
condition of deep sleep which may lead to death.
 Stimulants-These are substances that stimulate the central nervous system. They speed up
the body processes. The most common stimulant is caffeine found in tea coffee, chocolate
and coca cola.
 Hallucinogens -These are substances which distort the way the brain translates impulses or
messages from sensory organs producing perceptual changes. The brain may produce
images with no basis in reality called hallucinations. These substances in this category
include. Lysergic acid diethyl LSD, cocaine, magic mushrooms, and ecstasy.
 Narcotics or opiates - These are substances that make the senses dull and relieve pain by
depressing the cerebral cortex. The cerebral cortex is the outer layer of the brain responsible
for consciousness including perception, memory and learning.
 Inhalants or Solvents - These are drugs found in house hold products such as glue,
deodorants like perfume sprays and fuel gasses. The capillary surface of the lungs allows
quick absorption of the substance. Entry into the brain is fast and intoxicating effects are
intense.

SUBSTANCES AND THEIR EFFECTS


(a) Alcohol
Alcohol is a pure colour less liquid present in drinks such as beer, wine and brandy. People take
alcohol for pleasure. It is also taken for medicinal purposes. Most of the medicines contain a
percentage of alcohol

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

38
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)

 Causes a withdrawal condition known as Delirium Tremens (DP) in which a person


becomes shaky and cannot hold anything in their hands.

(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.

39
Civic Education Notes

 Red, glassy and watery eyes.


 Distortion in perception of time and space.

(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

40
Civic Education Notes

 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.

SIGNS AND SYMPTOMS OF SUBSTANCE ABUSE


People who abuse substances may display some of the following behavioral traits;
 Sudden change in personality
 Un usual mood swings, restlessness, or irritability
 Decline in school performance
 Spending more time away from home
 Stealing money or goods and excessive spending or borrowing of money
 Heavy use of perfumes to disguise the smell of the substances
 Associating with a particular group especially one that abuses substances
 Lack of interest in school work and absenteeism from work
 Loss of appetite
 Wearing of sunglasses at inappropriate time to disguise the appearance

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

41
Civic Education Notes

 Shredded cigarettes’ and pipes

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.

DEPENDENCE ON THE SUBSTANCE


When people who abuse substances reach a stage where they entirely depend on substances we call
such a situation as Dependence or addiction. There are two forms of dependence:
 Physical dependence: is when one tries to withdraw from using a certain substancebut
experiences physical effects such as shaking.
 Psychological dependence: Moods, depression, and anxiety.
Some abusers reach a stage where they cannot feel the effect of a substance. This stage is known
as Drug tolerance level. This leads to an addiction, a state where one depends on substance.

IMPACT OF SUBSTANCE 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

ROLE OF THE COMMUNITY IN COMBATING SUBSTANCE ABUSE


 Abolishing the cultivation of drugs: the community can stop people from growing dangerous
drug crops.

42
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.

MEASURES TO FIGHT SUBSTANCE ABUSE


 The public is sensitized on the dangers of substance abuse and its legal implications.
 Drug abuse liable for punishment by imprisonment for a period not exceeding 10 years if
found guilty.
 The government of Zambia also works with other countries to exchange information on drug
trafficking and related crimes in order to arrest offenders.

INSTITUTIONS THAT FIGHT SUBSTANCE ABUSE

Drug Enforcement Commission (DEC)


It was established in 1989. It is a government institution charged with the responsibility of curbing
substance abuse. It investigates and prosecutes cases related to drug trafficking and substance
abuse.

NGO’s involved in the fight against the vice include:


 Planned Parenthood Association of Zambia
 Youth Alive
 Young Women Christian Association
 Society for Family Health
 Local Churches
 Sport in Action
 Youth Media (trendsetters)

43
Civic Education Notes

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:-

 The Universal Declaration of Human Rights (UDHR).


 The International Convention on Economic, Social and Cultural Rights (ICESCR).
 The International Convention on Cultural and Political Rights (ICCPR).
 The two optional protocols.

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).

Brief History of Zambia’s Bill of Rights

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 1991 Mvunga Commission recommended the re-introduction of Multi-Party Democracy in


Zambia with an inclusion of the children’s rights for the first time.

 The 1996 Mwanakatwe Commission also made a few amendments to the 1991 Constitution.
However, the Bill of Rights was left intact.

Elements of the Bill of Rights

44
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:

 Article 12: Protection of right to Life

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.

 Article 13: Protection of the right to personal liberty

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.

 Article 14: the right to protection and forced labour

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 -:

- When hard labour is executed as punishment for a


crime by the courts of law.
- During normal civic obligations like compulsory military training or national service.

 Article 15: Protection from torture, inhuman or degrading treatment or punishment

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

45
Civic Education Notes

- Any other penalty for breach of any law either under civil process or after conviction of an
offence.

 Article 17: protection for privacy of home and other property

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.

 Article 18: provision to secure protection of the 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:-

- Independent and impartial court.


- Presumption of innocence until proven guilty.
- Language interpretation.
- Legal representation.

 Article 19: Protection of freedom of conscience

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.

46
Civic Education Notes

- 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.

Vexatious: A case that The article makes a provision for


provokes trouble, anger Enforce: This means
the enforcement of the rights
or distress. to give form to a law
provided in the Bill or to make law of Rights. It
provides a remedy effective. to the domestic
court which is the High Court, in
the case of violation of the
provisions of article 11 – 26. If a person is aggrieved by any determination of the High Court, the
article, makes a provision for appeal to the Supreme Court provided his case is notfrivolous or
vexatious.
Not Frivolous: Refers to a very
serious case or situation.
 Articles 29 – 31:

47
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.

Limitations of the Bill of Rights

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.

 Narrow Locus Standi


The Judiciary is the main mechanism for the protection of human rights. However, due to the weak
structure of this institution, the protection and promotion of the fundamental rights and freedoms is
not effectively enforced. For example, under Article 28 of the Constitution, only a person whose
rights have been violated can apply to the High Court for redress. This
Litigate: to make a
is claim of the court of what is referred to as Locus Standi. This means that no other person
law. apart from the litigant can challenge the constitutionality of law or
government action in the public interest.

48
Civic Education Notes

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.

 Declaration of State of Emergency


According to Article 30 on declaration of Public Emergency, the President has powers to declare
a State of Emergency in case of national disaster or any other threat to national Security. During
this time, the state security wings are given extensive unlimited powers of search and detention of
persons. Thus, the rights of those detained are not safeguarded. Other acts of Parliament that may
have similar effects are the Penal Code, the Public Order Act and the State Security Act.

 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.

 Omission of Certain Categories of Rights


The missing categories include:-
- Women’s rights: The Bill of Rights has no provision on women’s rights; and this has hampered
their promotion and enhancement, as well as their participation in national development.
- Children’s Rights: Despite the fact that Zambia signed the Convention on the Rights of the Child,
(CRC) the children’s rights are scantly covered in the Bill of Rights.
- Rights of People with Special Needs
The protection of the rights of persons with special needs is not adequate. Examples include
elderly, disabled, widows, orphans and those infected or affected by HIV/AIDS. These people
may continue to suffer discrimination due to their vulnerable status.

- 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.

- Lack of domestication of International Instruments

49
Civic Education Notes

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.

Ways of Enforcing the Bill of Rights


The Judiciary arm of the government is the main mechanism for the protection and enforcement of the
rights and freedoms outlined in the Bill of Rights. Article 28 of the constitution provides a mechanism on
how these rights and freedoms can be enforced by the courts of Law. Below are some of the ways of
enforcing the Bill of Rights:

 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.

Promotion of Human Rights in Zambia

There are several government institutions and non-governmental organisations that promote human rights
in Zambia. Some examples include the following:-

50
Civic Education Notes

 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.

 Zambia Police Service

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.

 Catholic Centre for Justice, Development and Peace (CCJDP)

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.

 Justice for Widows and Orphans Project (JWOP)

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:

- Disseminate information on human rights to the general public to ensure understanding of


the importance of observing rights of the widows and orphans.
- Highlights violations of human rights committed in Society in order to help change negative
attitude towards the vulnerable groups in society.

 The Law Association of Zambia (LAZ)


The Law Association of Zambia is a body of lawyers which is mandated to promote human rights by
developing law as an instrument of social justice. In addition the association’s objective is to encourage
lawyers to offer Legal Aid and to secure representation especially for the disadvantaged members of
society. LAZ also promotes law reforms and closely works with other institutions and organisations in
discharging its duties.

 Legal Resources Foundation


Legal Resources Foundation is a non-governmental organisation that promotes human rights by
providing legal advice and litigation for the vulnerable members of society. This is done by either being
consulted by those affected or as reference cases from other organisations.

51
Civic Education Notes

 National Legal Aid Clinic for Women

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 (SWAAZ)

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.

 Young Women Christian Association

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.

 Zambia Civic Education Association (ZCEA)

Zambia Civic Education Association is another non-governmental organisation which promotes


especially Children’s rights. The organisation offers legal advice to vulnerable groups in society,
especially the children. It conducts civic education programmes on the promotion and protection of
children’s rights through the Children’s Rights Clubs (CRC).

 Amnesty International (AI)


Amnesty International is a worldwide self-governing movement of people whose aim is to campaign for
internationally recognised human rights. This movement is independent of any government, political
ideology economic interest or religion. This means that it does not support or oppose any government or
political system as it’s primarily concern is to impartially protect human rights of affected individuals.

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.

The African Charter on Human and People’s Rights


A preliminary draft o the establishment of the African Charter
on human and Peoples’ Rights was Auspices: help and favour prepared at an
Organisation of African Unity (OAU) given by appointing session held in
authority.

52
Civic Education Notes

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.

The African Charter therefore:

 Proclaims both rights and duties.


 Codifies and emphasises on individuals as well as people or group rights.
 Guarantees civil and political rights as well as economic, social and cultural rights and group
rights.
 Permits the state parties to impose restrictions and limitations on the exercise of guaranteed rights.

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).

Individual Rights among others include:


 Equality
 Integrity of the persons
 The right to legal defence
 Freedom of belief and religion
 Freedom of movement, association or assembly
 Right to seek asylum
 Protection of non-nationals
 Right to property
 Right to work
 Right to good health

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

53
Civic Education Notes

Duties

These include duties of individuals or groups towards family, society, state or other legally recognised
communities and the International Community.

The Charter is duty bound to ensure that:-


 The rights and freedoms of individuals and groups shall be exercised with due regard to the rights
of other people.
 African cultural values are preserved and strengthened in relation with other members of society
in the spirit of tolerance, dialogue and consultation in order to promote a moral society.

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.

Supervisory Mechanism of the Charter


The African Commission on Human and Peoples Rights (ACHPR)

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.

Functions of the commission

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

54
Civic Education Notes

 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 Human Rights Commission (HRC)

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.

Functions of the Commission

The functions of the Human Rights Commission are to:-


 Investigate human rights violations.
 Investigate any maladministration of justice.
 Propose effective measures to prevent human rights abuses.
 Visit prisons and places of detention or related facilities with a view to assessing and inspecting
conditions of the prisoners or detainees held in such places and make recommendations to redress
existing problems.
 Establish a continuous programme of research, education information and rehabilitation of
victims of human rights abuse to enhance the respect for and protection of human rights.
Powers

The commission has powers to:-


 Investigate any human rights abuses on it’s initiative or on receiving complaints or allegations
under it’s Act by:
- an aggrieved person acting in their own interest.
- a person acting on behalf of an aggrieved person.
- a person acting on behalf of and in the interest of a group or class of persons.
- an association acting in the interests of it’s members.
 Issue summons or orders requiring attendance of any person relevant to any investigations by the
Commission.
 Produce any documents relevant to the Commission.
 Question any person in respect of any subject matter under investigations before the commission.

55
Civic Education Notes

 Recommend to courts of law prosecution of any person found by the Commission to have
perpetuated abuse of human rights.

SELECTED ARTICLE FROM UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) AND


AFRICAN CHARTER ON HUMAN AND PEOPLES’RIGHTS’ (ACHPR)

UNIVERSAL DECLARATION OF HUMAN RIGHTS AFRICAN CHARTER ON HUMAN AND PEOPLES’RIGHTS


A r t i c l e 2 : A r t i c l e 2 :
Everyone is equal despite differences in skin colour, sex, religion, language, for example. Each person is entitled to the rights and freedoms in the Charter, no matter what his/her race, tribe, colour, sex, language, religion, political or other opinion, national or social origin, fortune, birth or other status.

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

56
Civic Education Notes

A r t i c l e 2 9 :
Everyone must respect the rights of others, the community and public property.

CHAPTER 2

GOVERNANCE CIVIL SOCIETY AND THE MEDIA


CIVIL SOCIETY. These are non military or non- governmental organizations that make it their
business to defend and promote the ideals of good governance.

FEATURES OF CIVIL SOCIETY

 it is not profit-making.
 Draws membership from formal and informal organizations and associations.

57
Civic Education Notes

 Shapes its own nature of needs and interests.


 Draws support from well-wishers such as donors and other institutions.

CLASFFICATION OF CIVIL SOCIETY IN ZAMBIA

Civil society in Zambia can be classified into various groups

1. INTERNATIONAL ORGANISATIONS (CHAPTER)


a) Women In Law and Development
b) Women In Law in Southern Africa
c) Transparent International Zambia
2. PRESSURE GROUPS. These are formed to influence government decisions
a) Oasis forum
b) Citizen forum
3. CIVIC ORGANISATION. These are concerned with issues of human rights, Civic Education and
good governance
a) Zambia Civic Education Association
b) Anti Voter Apathy Program (AVAP).
c) National Movement Against Corruption
4. WOMENS GROUPS. Their aim is, to promote and protect women’s rights
a) Women for change
b) National Women Lobby Group
c) Young Women Christian Association
5. PROFESSIONAL ASSOCIATION. These are primarily formed by people in the same profession E.g.
Teachers, Miners, lawyers. e.t.c
a) Law Association of Zambia
b) Women in Law and Development in Africa
c) Press Association of Zambia
d) Zambia Independent Media Association
6. INDUSTRIAL ORGANISATIONS. These are formed by people in the same industry e.g. School,
Mining, Local Government.
a) Trade Unions
b) Zambia Consumer Association.
c) Zambia national farmers union.
d) Zambia association of manufactures.

7. RELIGIOUS ORGANISATION. These are organizations formed by Christian churches and other
religions.

a) Hindu association of Zambia.


b) Islamic association of Zambia
c) Council of churches in Zambia
d) Young women Christian association

ROLES OF CIVIL SOCIETY


 To defend the ideas of democracy.
 Carry civic education activities through sensitization and public awareness
 Influence public opinion through advocacy
 Debates bills and influence amendments or decisions of the legislature
 Act as an agent of democratic change
 Promote and defend human rights and the rule of law
 Ensures that government and other people in authority are accountable
 Act as a link between the people and government
 Publicize and articulate public opinion

REQUIREMENTS FOR THE ESTABLISHMENT OF CIVIL SOCIETY


 Citizens who accept opposing views
 Favorable laws which permit and allow the establishment of civil society
 A government which is tolerant to divergent opinion of minority groups

58
Civic Education Notes

 proactive population which is ready to participate in community and national activities


 Existence of specific problems

CITIZEN PARTICIPATION IN GORVERNANCE.


This is the involvement of people in decision making process. There are three ways by which a
citizen can participate in government activities.
i. POLITICAL ACTIVITY. This involves a person participating in voting, contesting in a
political office, attending a political meeting.
ii. CIVIL SOCIETY ACTIVITIES. This can be a person joining a civil society or attending
seminars, reading posters e.t.c
iii. COMMUNITY ACTIVITY. This is where a person attends a community meeting such as
a P.T.A meeting or mounding bricks for a community school.

WOMEN PARTICIPATION IN GORVERNANCE


There are certain factors that have contributed to less participation of women in governance. These
include
i. CULTURE. Cultural beliefs that encourage women to be subordinate to men has
contributed to this fact. Women in most cases fill inferior to men.
ii. MALE ECONOMIC DOMINANCE. This is a situation where some female candidates have
failed to campaign due to limited finance and males have taken dominance over the
situation. In Zambia statistics have proved that there are more rich males than
females.
iii. LACK OF SOLIDARITY AMONG WOMEN. This has also contributed due to the fact that
most women do not believe in their fellow women.
iv. POLITICAL DISCRIMINATION. A political party committee is responsible for adopting
candidates and these are dominated by men and this makes it difficult to adopt a
female.

SIGINIFICANCE OF CITIZEN PARTICIPATION

Without citizen participation the following can happen ie


- Poor government policies may go unchecked.
- People remain ignorant on government policies and intentions
- Government leaders may be elected by a minority group.

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

59
Civic Education Notes

These are institutions specialized in collecting and supplying information to media institutions.
Example Zambia Information Services, Zambia News Agencies.

ROLES OF THE MEDIA IN GOVERNANCE


 To inform and educate the citizens on national issues
 To act as a watch dog were those in leadership are made accountable of their actions and
also exposing their malpractices
 It promotes public debates by creating forum for expression opinions of both the government
and the people
 Media also sets the agenda this means they chose what to report and what not to report.

SHORT COMMINGS OF THE MEDIA


-
Ownership and control.Those who own the mediatend to use them to save their own interests.
-opposing views are excluded.
- private media operates under difficult conditions because their security is not insured
- public media tends to promote the interest of the government only
- news is limited to what government leaders do or say.
Accessibility. This is limited by various factors such as.
a) Limited circulation
b) Affordability
c) High levels of illiteracy
d) Discriminatory policies

ROLES OF TRADITIONAL LEADERS IN GOVERNANCE

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.

FUNCTIONS OF THE HOUSE OF CHIEFS


- Discuss bills affecting customs and traditions
- Debate and pass decisions on matters concerning customary laws and customs.
- To discuss and decide on any matters referred to it by the president
- Submit the resolution of the house to the president who in turn submits them to the
National Assembly.

PROBLEMS OF THE HOUSE OT CHIEFS


 It has no real influence on issues of governance and development
 It also plays an insignificant advisory role, as all its resolutions has to be debated
upon by the National Assembly
 Chiefs are not allowed to join a political party like members of parliament

FREEDOM OF THE MEDIA


It is important for the media institutions to serve the public without interference or
censorship from anybody. This means
- Freedom of ownership
- Freedom of access and publication
- Right of the public to be informed
- Protection of media practitioners from undue restrictions.
- Professional and responsible journalism

CIVIL SOCIETY AND THE MEDIA IN GOVERNANCE


Civil Society

60
Civic Education Notes

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.

Elements or Characteristics of the civil Society in Zambia


 They are non profit making.
 They draw membership from formal and informal organizations and associations.
 Draws support from well wishers such as donors and other institutions.
 They are not guided by a regulatory frame as the state is.
 They shape their own nature of needs and interests.
 They work within specific environment which determines its operation and manoeurvres
(tactics).

Classification of Civil Society


The following are examples of Civil Society Organizations in Zambia;

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;

61
Civic Education Notes

 Labour Movement (Trade Union)


 Zambia Association of Manufacturer (ZAM)
 Zambia National Farmers Union (ZNFU)
 Zambia chamber of commerce and industry (ZAAC)
 Zambia Cross boarder traders Association (ZCBBTA)
 Zambia Federation for Women In Business (ZFWB)

7. Religious Organizations or Faith Based Organizations


These include the following;
 Zambia Evangelical Fellowship (ZEF)
 Churches Council of Zambia (CCZ)
 Catholic Commission for peace, Justice and development ( CCJDP) now Caritas Zambia
 Young men Christian association (YWCA)
 Young Men Christian Association (YMCA)
 Islamic Council Of Zambia (IAZ)

Roles of the Civil Society in Governance


 Defend the ideals of Democracy by checking the growth of undemocratic tendencies in the
policies of government.
 Carry out Civic activities to promote public awareness on issues affecting society such as
HIV/AIDS, Human Rights abuses and poverty
 Influence Public opinion: Civil society organizations use strategy of advocacy to influence
public opinion in favor of specific objectives.
 Debate bills and influence amendments or decisions of the legislature.
 Acts as agents of democratic change or example by advocating for constitutional reform,
gender equality and free and fair elections.
 Defend and promote Human Rights and rule of law: Rule of law means no one is above the
law.
 Ensure that the government and other people in authority are accountable to the public
 Act as channels through which individuals can participate both in government and
community decisions make process
 Act as Link between the community and the government. Civil societies often transmit public
opinion on various issues to the government.
 Publicize and articulate the Demands of their members. For instance the National women’s
Lobby demands for a minimum of 30% female representation in parliament and all other
leadership and managerial positions.

Requirement for the establishment of Civil Society


 Favorable laws which permit and respect the freedom of expression.
 A government which respects and accepts dissent, opponents and views of minority groups.
 Citizens who accept opposing views in a democratic society, and all the need for negotiation
and compromise within the frame work of the laws of the nation.
 A pro active population willing to participate in community and national activities.
 Where is there is apathy, civil Society organizations may not flourish.
 The existence of a specific problem encourages individuals to form a civil Society
organization to address the particular issue.

Citizen participation in Governance


This refers to the level of involvement of people in the decisions making process.

Forms of Citizen Participation


Citizens may participate in governance in the following ways;

(1) Political Activities


 Casting a vote in an election
 Standing for a political office in an election
 Joining and campaigning for political a party
 Attending a political party meeting

62
Civic Education Notes

 Contacting a councilor or a member of parliament to raise an issues

(2) Civil Society Activities


 Joining a civil Society
 Attending seminars
 Reading posters and brochures
 Taking part in legal demonstration

(3) Community Activities


 Attending a community meeting to discuss community affairs
 Attending a parents Teachers Association meeting at a local school
 Maudling bricks for a community school
 Signing a petition with other people to express dissatisfaction with a decision made by a local
council or a school administration.

Women Participation in Governance


Women have been excluded from the effective participation in governance, political and Leadership
making since independence. Although there has been a modest increase since 1992, the percentage
of women parliamentarians in Zambia still falls below 30% which is the minimum recommended by
SADC and National women’s Lobby Group

Year of Election Held M a l e Female Parliamentarians Total elected


Parliamentarians Parliamentarians
1 9 6 8 1 0 4 1 1 0 5
1 9 7 3 1 2 0 5 1 2 5
1 9 8 3 1 2 2 3 1 2 5
1 9 8 8 1 1 9 6 1 2 5
1 9 9 1 1 4 4 6 1 5 0
1 9 9 6 1 3 5 1 5 1 5 0
2 0 0 1 1 3 7 1 3 1 5

Obstacles of Female Participation in Governance


1) Cultural Aspects: The cultural set up in Zambian society encourages women to be
subordinate and submissive to men. Hence most people believe that women cannot make
good leaders.
2) Male Economic Dominance: Election campaigns are usually dominated by male candidates
campaigning against female who are usually unable to raise enough money for the
campaign.
3) Lack of Solidarity among women: Female voters tend not to support female candidates.
There is usually a rift between highly educated and less educated women. women also tend
to have little confidence in their fellow women
4) Political discrimination: political party committees responsible adopting election candidates
are male dominated and tend to discriminate against women

Importance of Citizen Participation


Citizen participation is a key factor in democracy. Without the participation of citizens the following
mighty happen;
 Government leaders would be elected by a minority of citizens who are politically active to
govern over the inactive majority.
 Poor government policies may go unchecked
 Citizens remain ignorant of government policies and intentions.

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

63
Civic Education Notes

Types of News Media


(1) Print Media
Is type of media that relies on printed paper to disseminate information? It is also referred to as
Press. Print media consist of periodical literature and daily newspapers. It also includes Notice
boards, posters and brochures.
Example of Print Media
 Times of Zambia
 Sunday times of Zambia
 Zambia Daily Mail
 Post Newspaper
 Monitor
 Speak out Magazine
 Challenge Magazine

(2) Electronic Media.


This type of media that uses electric methods to disseminate information. For example
Television, Radio, Cinema, Video, Internet, computers and Satellite.
Examples:
 Zambia National Broadcasting Cooperation
 Radio Phoenix
 Radio Christian Voice
 Radio Mano
 Internet

The Media can also be classified according to ownership.


1) Public Media: is to a large extent owned and controlled by the state
2) Private Media: is owned by private companies and institutions such as the church

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

The Role of the Media in good governance


 To inform and educate: Citizens cannot fully participate in governance unless they are well
informed. Hence the media is there to inform and educate as well as forming public opinion.
 To act as watch dog: It play the role of the watch dog and jealous g guardian of the rights of
citizens by holding public officials accountable for their actions. The media should not only
publicize the activities of the ruling pretty but it should also investigate and expose the
malpractices of the government and other public officials
 To promote public Debate. The Media provides a forum for expression of views and opinions
of both the government and the people on maters of public interest.
 To set the Agenda: The Media decides on behalf of the public what is news and what is not

Shortcomings of the Media


 Ownership and control: Those who own and control the media tend to use them to serve
their own interest to the exclusion of opposing views
 Accessibility: Public aces to the media is restricted by various factors such as limited
circulation, affordability, high levels of illiteracy and the discriminatory policies of some of the
media organizations which deliberately deny publicity to people holding views contrary to
their own.
 Language Limitation
The media usually disseminate information in English thereby denying those who do not
know English access to information.
 Cost of Advertising
It is very costly to advertise in the media. The poor, the majority of whom are in rural areas
are not able to market their products due to this.

64
Civic Education Notes

 People with disabilities


The media does not fully cater for the blind and deaf. There is no newspaper in Braille. Some
media organizations have tried to bring on board sign language though this is limited to
certain programmes only.

Role of Traditional Leaders in Governance


Queens, Kings, chiefs, Village heads and elders are the people who are referred to as Traditional
Leaders. During the colonial era (1890-1964) the colonial power recognized the importance of
involving traditional leaders in governance. Britain adopted a policy known as indirect rule which
meant governing the people through their traditional structures.

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.)

Functions of the house of chiefs


 To discuss any bill affecting customs and traditions of people before such bill is introduced in
the National Assembly.
 To initiate discussions and pass decisions on matters concerning customary law and customs
 To discuss and decide on any matters referred to the house by the president.
 To submit the resolutions of the house to the president, who would in turn submit them to
the National Assembly for consideration

Shortcomings of the house of chiefs


- The house of chiefs has been criticized as a mere costly talking shop because it play an
insignificant advisory role and it has no real influence on issues of development and
governance
- The amended constitution of Zambia of 1996 does not allow chiefs to join a political party or
to contest an election

ECONOMIC AND SOCIAL DEVELOPMENT


Development
This is the process of improving the quality of human life. It also means the change from the old to
something completely new or a replacement of the old by the new. Examples include;
 Building a new school
 Constructing a bridge
 Opening anew mine
Development also means there is an improvement in the provisions of basic needs.

Economic Development

65
Civic Education Notes

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

Productive capacity: means the ability to produce more goods.


Real National income or GDP: This is the value of all goods and services produced in the country.

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.

Basic Human Needs


These can be divided into Goods and Services.
Goods are tangible or physical items that can be seen. Examples goods include boats, furniture,
clothes, motor vehicle, radio, etc.
Services are not physical but are activities or benefits offered that give satisfaction to consumers.
Examples include entertainment by musicians, education, health services, etc.

Human Needs and Wants


1. Needs
These are things that a person cannot do without such as food, water, shelter, clothing, and
education and health services. The most basic of all are food, water and shelter. We need to eat
nutritious food and drink safe clean water to keep health.
We need shelter in form of a house to protect us from rain, cold, heat and also provide a place to
keep our goods safe. Clothing is important because it protects our bodies from heat and cold.
Health services are important to enable us to have health bodies. We therefore need more hospitals
to provide health services to everyone. Education is key to social and economic development.

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.

66
Civic Education Notes

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.

67
Civic Education Notes

Factors that affect Capital Accumulation


 Low incomes: People who have little money or nothing to save.
 Consumption Habits: People eat expensive food, take expensive foreign drinks like brandy
and buy expensive cars. This make them save little or nothing
 Extended family system: Some people maintain large Families and find it difficulty to save
money. A person can keep many relatives in addition to his or her family.
 No future plans: People spend more to fulfill their [present needs, hence end up being
extravagant.
 Lack of knowledge to save for investment: Most people do not have the idea of saving for
investment.
 Social status: Some people especially those in the high group tend to spend a lot of money
on expensive goods cars and clothes in order to maintain their status in society.
 Large quantities of imported finished products: Most of the imported products are quiet
expensive hence a lot of money is spent to import finished goods into the country instead of
having them produced locally.

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.

Functions of the Central Bank


1. Keeping money for commercial Banks. It provides all of the banking services to the banking
sector.
2. Keeping Government revenues: It pays money on behalf of the government and carries out
foreign transaction. It works closely with the Ministry of Finance And National Planning and
gives it advice on financial matters.
3. Issuing Bank notes and coins: It also withdraws Mutilated notes from circulation through
commercial Banks
4. Clearing cheques and transferring of money to commercial Banks
5. Keeping foreign currencies and selling them to commercial Banks and bureaus.
6. Lending money to commercial banks.
7. Servicing the national debt. The government uses the central bank to pay its national and
international debt.
8. It also fixes the minimum and maximum amount a person can deposit and withdraw
respectively. This is in order to control the amount of money in circulation in order to avoid
inflation and deflation.
9. Conducting ordinary banking business such as cashing government cheques and treasury
bills.

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.

Commercial Banks attract deposits from the public in three forms

68
Civic Education Notes

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.

Other Financial Institutions


Apart from central bank and commercial banks, there are other financial institutions which
play an important role in the development of any country. The role of these institutions is to
collect savings from members of the public and channel them to industry and the
government. In Zambia, these include;

 Lusaka Stock Exchange (LuSE)


 Development Bank of Zambia (DBZ)
 Zambia National Building Society (ZNBS)
 National Savings and credit bank (NSCB also known as Natsave)
1. National Savings and Credit Bank
The National Savings and Credit Bank also provides savings accounts and basic banking
services particularly to low income groups in both urban and rural areas.
2. Development bank of Zambia (DBZ)
This was established by the government to offer long term finance for risky businesses or
ventures where other banks are reluctant to operate in, e.g. agriculture and industrial
sectors.
3. Zambia National Building Society (ZNBS)
This provides long term loans that enable people to build or purchase houses. It also
provides savings accounts.
4. Lusaka Stock Exchange (LuSE)
Stock Exchange is a highly organized market where shares and stocks are bought and sold. Shares are simply any of the equal, usually small, parts into which a company's capital stock is divided.
LuSE was established by an Act of Parliament in 1994. It is regulated and supervised by the
Securities and Exchange Commission (SEC).
Functions of LuSE
 Provide market for second hand shares.
 Help companies or businesses to raise new capital.
 Encourages investment in securities.
 Enables flow of capital for productive industry.
 Regulates prices of shares on the market.

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.

69
Civic Education Notes

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

 Road Traffic Act (RTA) or Third Party Insurance.


This is compulsory under the road traffic act for all motor vehicles. No license can be granted
for any motor vehicle without a valid insurance certificate called a Cover Note
The insurance company and the owner of the vehicle are the first two parties. Any one else
apart from the car owners passengers, injured in an accident is the third party.

 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.

Forms of work culture


1. Negative work culture
Characteristics of Negative Work Culture
 A person employed in the formal or informal sector does not want to work hard but would
like to be paid for doing very little.
 A person spends most of the time doing nothing or playing about up to the end of the day’s
work

70
Civic Education Notes

 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.

2. Positive Work culture


Characteristics of Positive Work Culture
 Works hard to achieve productivity targets within a given time
 Does not wait for supervision. Once work has been assigned he or makes sure that that the
task is completed in time.
 Earns a living through hard work and putting maximum effort to complete any assigned task.
 Uses individual initiative to do what is required rather than wait to be told every time.
 Doesn’t have negative attitude towards certain jobs such as menial work.

The importance of Positive Culture


 The attitude of people towards work is very important because the survival and development
of a society depends on the work of its members
 Good work culture determines the productivity of workers.
Productivity: means the amount of goods and service produced by a worker in a given period
of time.
 A society with a positive work culture has very high productivity and a lot of goods and
services are available.

FORMAL AND INFORMAL SECTOR


Employment can either be Formal or Informal. The Formal Sector includes government, public
enterprises, private companies and commercial farming. The Informal Sector is made up of
subsistence farmers and individuals who make a living by doing private work either individually or in
a group. The government is the biggest employer in the Formal sector. However, the number of
people employed as full time workers is far less than the demand for jobs by the labour market. A
Labour Market is a place where individuals are looking for employment and are ready to sell their
labour for a wage.
IMPORTANCE OF INFORMAL SECTOR IN NATIONAL DEVELOPMENT
 It contributes greatly to economic development for the country. For example farming can
employ many people and production would increase and surplus exported.
 It is also important because it takes up a larger number of people compared to formal sector.
People are able to generate income on their own livelihood or survival. As a result, poverty
levels are reduced in the country.
 It also provides training schemes for youths outside schools and colleges.
 It has also provided infrastructure such as buildings, shopping centres, transport and
communication.
 It has also promoted accessible credit facilities and improved production in subsistence
farming.

71
Civic Education Notes

INTRODUCTION TO THE ZAMBIAN LEGAL SYSTEM


Law is a set of rules, which a society develops for itself in order to control the behaviours of its
members towards one another. For a rule to be recognized there should be a way of compelling
people to obey it. This is done to by imposing penalties or punishment to law breakers and rewards
to the wronged persons.

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.

Elements of a Good Legal System

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.

72
Civic Education Notes

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

SOURCES OF LAWS IN ZAMBIA


Zambia has a dual legal system and relies on both English Law and African Customary Law. The
following are the sources of law in Zambia;

1. English Law Sources


Common Law is one of the English Laws that Zambia has adopted. Common law is the law that
started as customs that were common to all parts of England. When King William, the conqueror
united England in 1066 AD. He sent his Judges to go round England to hear cases and codify them
by putting them into a system of rules and principles. Codify in legal language means to write
something in form of a document. Some of these rules were identified and came to be known as
English Common law.

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.

(iii) DELEGATED OR SUSIDIARY LEGISLATION


Delegated or Subsidiary Legislation are laws delegated to the executive wing of the
Government to make as provided in an act of parliament. It is not possible for parliament to
make all the laws. Hence Government has allowed ministries to make laws. These laws are
known as Statutory Instruments.

73
Civic Education Notes

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.

Importance of Case Law;


i. It saves time as there is no need for a whole new research.
ii. Shows respect to judges who made previous decisions.
iii. It also ensures equality, uniformity and stability in the law.

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.

TYPES OF COURT CASES


There are two types of court cases; criminal cases and civil cases.
1. Criminal Case
This is a case that deals with a crime. A Crime is any wrongful act or omission in society
which the particular society thinks affects the interest of all its members. If the wrong doing
does not affect the safety, security and wellbeing of the whole community then it is not a
crime. A wrongful act can be a crime in one country but not in another.

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.

2. Guilty State or Blameworthy State of Mind;


The intention or desire to cause harm is known as Guilty State or Blameworthy state of mind
on the part or the offender. The Latin phrase for this is MENS REA which means a guilty mind
or Malice afore thought.

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)

74
Civic Education Notes

Specifically crimes are classified into:


(a) Misdemeanors: These are petty crimes such as common assault, indecent
exposure, pick pocketing or littering.

(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.

LEGAL INSTITUTIONS AND THEIR FUNCTIONS


1. LEGISLATURE: This is the branch of government that is charged with making of laws for the
nation. It is the highest law making body. Laws are made through members of parliament
who represent the people in constituencies. All the statutes, rule and regulations which are
enforced by courts, police and the executive are made by the legislature. However the law
made by parliament can be declared null and void (rejected) by the Supreme Court if it is
contrary to what is contained in the constitution which is the supreme law of the land.

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.

Types of Courts in Zambia


There are four levels of courts in Zambia:
1. Local Courts: They were established by an Act of Parliament, the Local Court Act of Zambia,
Cap 29 of the Laws of Zambia. There are two types of local courts: Grade A and Grade B.
Grading is done by the minister of Justice. They are presided over by the presiding Justice
some times with other justices. Justices are appointed by judicial service commission. Local
courts only hear civil cases those to do with African customary law. But sometimes do hear

75
Civic Education Notes

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.

ORGANISATIONS THAT PROMOTE JUSTICE

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,

76
Civic Education Notes

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.

PROCESSES OF THE ZAMBIAN LEGAL SYSTEM


Rights of a Suspect in a Pre trial Procedure
The right liberty is guaranteed for in article 13 of the constitution. However, some of the rights can
be taken away from a person who is reasonably suspected of having committed an offence. In this
instance the liberty of a suspect will be taken away through the act of
Apprehension or arrest.

Apprehension: is when someone is taken into custody without a warrant


Arrest: is when someone is taken into custody without a warrant
Trial: is examination or investigation in

Derogations: Exceptions’ to the rule especially to the enjoyment of rights and freedoms of the
person being detained.
Trial: examination or investigation in

Arrest without Warrant


Suspects should only be arrested upon police officers producing a warrant of arrest.
- The accused was seen committing a cognizable offence
Cognizable offence: is an offence that can be seen as a crime, for example unlawful
assembly, burglary, manslaughter.

77
Civic Education Notes

- Person commits a breach of peace in the presence of a police officer


- A person obstructs a police officer in the execution of his or her duty or adpersons that has
escaped from lawful custody.
- A person found with what would suspected to be stolen property.
- A person who has tools that can be used to break into property
A person who is arrested without a warrant should be brought before a competent court within
twenty- four hours or as soon as reasonably practicable. If not tried before a reasonable time he or
she should be released.

Arrest with warrant


Crimes under which a person can be arrested with a warrant include:
- Corruption
- Fraud
- Desertion of children by a parent
- Common assault
- Defamation of Character
- Allowing a prisoner of war to escape

Detention for questioning


Police have no power to detain a person for questioning unless he or she is arrested for a criminal
offence and informed of the reasons for detention. A [person such detained can compel police to
release him or her or formally arrest him or her. If the relatives of the person being held know
where he /she is they could secure his or her freedom through Habeas Corpus.

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.

Compensation for False Imprisonment


A person who unlawfully arrested can sue through the courts of law for compensation. If it the
police that falsely in prison can sue the state through the Attorney General, who is the governments
Legal Adviser.

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.

The Law of Bail


A person arrested detained or appears before the court may while in custody, or at any stage of the
proceeding apply for bail.

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

Rights of a suspect at the Trial Stage


There are three basic principles that guide the criminal procedure.
(i) The defendant is presumed innocent until the court proves them guilty.

78
Civic Education Notes

(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

Right to a speed and Public Trial


The justice system operates on the principle that “Justice delayed is just denied” which means not
getting a speedy trial is as good as not getting justice. The long delay in disposing off cases is as a
result of delays in receiving the fiat from the Director of public Prosecutions (DPP).

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

The right to silence


Since the burden of proof lies on the prosecution, the accused has the right to remain silent. He or
she may do this by not taking the stand in the witness box by giving evidence on oath. The accused
may decide to give unsworn statement from the dock which is the sitting place for the accused
persons in a criminal court proceeding.

Protection against Double Jeopardy


This means that an accused person cannot be tried again for an offence of which he or she has been
acquitted. For example a person acquitted of murder can not later be tried on a lesser charge of
man slaughter. The prosecution should decide right at the beginning whether to try the accused for
murder or manslaughter.

Protection against Ex- Post Facto Law.


This means that is a person commits a wrongful act which at the time does not constitute a crime,
he or she cannot tried at a later stage when a wrongful act becomes a crime. In other words, it
means that a law creating a criminal offence ca not be backdated expressed in Latin phrase as ex
post Facto Law.

The right to examine and cross Examine Witnesses


The defendant has the right to question the witnesses presented by the prosecution and examine
his or her own witnesses.
The right to Attorney
Both the civil and criminal trials in the Zambian Courts is based on the adversary procedure. This is
the system where the prosecution and the defense treat each other as opponents but not as
enemies.

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.

Right to Defend Oneself


The Zambian constitution requires that the accused be given enough time to consult and provide for
his or her defense. In reality this rarely happens as the accused are usually in custody and not given
a chance to collect evidence and as result merely reacts to the prosecution’s witnesses. There is no
independent questioning of witnesses, visits to the scene of the crime , alibi which is proof that the

79
Civic Education Notes

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.

Other Rights of the accused


The constitution of Zambia guarantees the following rights to the accused:
- The right not to be for a criminal offence for which he or she has been pardoned by the head
of state
- The right to be given the record and a copy of the proceedings made by the court
Within a reasonable time after judgment.
- The right not to be convicted of a criminal offence unless that offence is defined and the
penalty written law.
Procedures in the criminal Justice Process

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

Records of Previous Convictions


The prosecutor will then read to the court any previous convictions. The Defendant will either accept
or reject these.

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

80
Civic Education Notes

- Reformation or Rehabilitation meant to reform the offender in order to return to a descent


life. This punishment is mainly applied to juvenile offenders and first offenders
-
Types of sentences
- Concurrent sentence: is served at the same time as another sentence imposed earlier or at
the same proceeding.
- Consecutive or Cumulative Sentence: is when a defendant has been convicted of several
counts, each one constituting a distinct offence or crime or when the defendant has been
convicted of several crimes at the same time
- Life sentence: Represents the disposition of a serious criminal offence in which the convicted
spends the remainder of his or her life in prison
Procedures in a Civil Case
There are five types of courts in Zambia that conduct civil procedure:

Civil Procedure IN a Local Court


The procedure is generally informal because the aim of the proceeding is to administer necessary
Justice. These courts have adopted complex procedure because most of the people who use these
courts are humble people who cannot understand complex court proceedings. Civil procedures in
local courts start with Writ of Summons Obtained from the court Clerk by the Plaintiff.
A plaintiff- is a person or persons with a complaint.
The court clerks fill in the particulars of the plaintiff and the defendant, the accused Person)
The summons is served to the defendant at hid or her residential address. A copy is left with the
defendant.

Civil Procedure in Subordinate courts.


In these courts the parties involved are supposed to follow strict rules of procedure. The procedure
begins with the serving of the Writ of Summons served on the defendant. The defendant is also
expected to fill in the Enter of Appearance.

Enter of appearance- a form filled by the accused agreeing to appear in court at the appointed time
and date

Civil Procedure in a high Court


The procedure is formal. The plaintiff must file in a statement of claim, which is not required in the
subordinate court.
Statement of claim – a declaration stating the demand of the plaintiff wants from the defendant.
The statement of claim is served together with a writ of summons. The defendant will fill in the
enter of appearance together with then defense. Which is a response to the statement of claim?
Trial will then take place leading up to the final submission then judgment. If the case of a claim, a
warrant of distress will be served on the defendant to seal the judgment.

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

Procedure in the Industrial Relations Court


This court handles only industrial matter, which are matters employee and employer relations.

Civil Procedure in Supreme Court


The procedure is similar to that found in the high court except that the supreme
Court does not conduct trials because it’s because its purpose is mainly to hear appeals hence the
reason it is referred to as the Court of Appeal. The only case that can be tried in the court of law is
the Presidential Elections petition.
Capital Punishment

81
Civic Education Notes

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

Some methods of execution include:


- Hanging: The neck is broken and death comes quickly unless the free- fall
Which a distance calculated according to the weight and height of the condemned person, is
not accurate.
- Electric chair: this is the chair wired up with electrodes and a condemned person is strapped
in with electric cables around the ankles, arms and head. Then an amount of electrical
voltage is run through his or her body enough to kill him or her.
- Firing Squad: The prisoner is short through the heart by many shooters. Death comes
quickly.
- Lethal Injection: Lethal drugs are injected into the condemned person’s body who is strapped
to a bed.
- Beheading/ Guillotine: This is when the head is cut off by a sharp metal those saws through
the neck of the prisoner.
- Stoning: The prisoner is pelted with rocks and big stones until they eventually die. Death is
slow and painful.
- Crucifixion: This method was used in the killing of Jesus Christ. It was a method favoured by
the Romans. It was abolished in the 4th Century.
- Being fed alive to wild animals
- Being ripped apart by horses running in opposite directions
- Being thrown from a peak of the mountain
- Being drowned.
Arguments against Capital Punishment
People who advocate for the abolition of the Death Penalty are called Abolitionists
- The death penalty promotes the acceptance of violence by society because the government
which is supposed to uphold the sanctity and dignity of life also commits a violent act
against the person they execute
- The death penalty is a violation of the united Nations Human Rights, Right to life, which is a
fundamental human right
- Despite the death penalty being there from time immemorial it has not prevented other
people from committing Murder and other serious crimes that are punishable by death.
- It is irrevocable and the risk of executing an innocent person is always there. History has
proved that even the most sophisticated Legal systems in the world are not hundred percent
perfect and studies have shown that innocent people have been executed.
- The death penalty is a symptom of a culture of violence not a solution to it and that civilized
society’s task to maintain a system of justice based on purely laws not emotions .
- The death penalty is an especially brutal and cold blooded form of killing because there is no
passion or heat, of the moment involved in the process.
- The death penalty may make terrorists martyrs in the eyes of their supporters
- Rather than he death penalty, society should begin looking into the motives of the killers and
pressures that it puts them through. For example, the reason that in most cases of murder,
the murderer is related to the victim.

Arguments for Capital Punishment.


People who support the Death penalty are called defenders.
- Taking an offender’s life is a more severe punishment than a prison sentence
- The death penalty will prevent future would be offenders not to commit the crime and the
execute person on being removed from society, will not commit the same offence or similar
offence again.
- Without the death penalty there is no sufficient punishment to mete put to those serving a
life sentence in prison if they decided to kill another person while in prison.
- The death penalty has Biblical origins in Genesis 9:6 which reads: Who so sheds a mans
blood, by man shall his blood be shed; man is made in the image of God.
- Punishment should fit the crime; therefore it follows that if a person murders another person
they should also be put to death.

82
Civic Education Notes

- 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.

83
Civic Education Notes

PEACE

Negative Peace: Absence of Positive Peace: Presence of conditions of


Direct Physical Violence well-being and just relationships i.e.
economic, social, political and ecological.

Direct Violence; e.g.


war, torture, etc. Structure Violence i.e. presence of
poverty, discrimination, ecological
violence, etc.

VIOLENCE

Methods of promoting peace


Peace is very central and important to human affairs and development. Without
peace development suffers. The following are some of the methods of promoting
peace.

(i) Intermarriages – among different ethnic groupings, intermarriages are a


good method of promoting peace.

(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.

(v) Forgiveness: When somebody has committed an offence and people


become kind enough to forgive such a person, peace can be generated.

(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.

84
Civic Education Notes

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.

Examples of peaceful Countries and Communities


- Amish (1693 to present)
- Sweden (1814 to Present)
- Switzerland (1848 to present)
- Costa Rica (1949 to present)
- Zambia (1964 to present)

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.

A conflict shows itself through anger, hurt, frustration, disappointment, quarrel,


physical fight or verbal fight using abusive language.

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:-

85
Civic Education Notes

 In Nigeria, 1967 – 1970, Biafra a province dominated by Ibo ethnic group


temporary broke away from the country. They accused the federal
government of discriminating against the Ibo people.

 Accused the Federal government of discriminating against the Ibo people.

 Katanga Shaba Province /region temporarily broke off the Congo (DRC).
Just after independence in 1960.

3. Imbalance of Natural Resources.


The increased population put too much pressure on land and Natural
Resources. People fight over Natural Resources such as mineral. Burundi and
Rwanda are good examples of countries where imbalance in the natural
resources has created violent conflicts.

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.

Xenophobia- Refers to an intense fear or dislike of foreign people, their


customs and culture.

5. Economic and Export Resources.


The states fight over a piece of land that is suspected to have (or has
confirmed) rich deposits of minerals. For example;

 Chad - Libya conflict over the Aouzou Strip in 1973 – 1994.


 Cameroon – Nigeria conflict over the Bakassi Island until 2004.
 Mali – Burkina Faso conflict in 1986 and
 Ethiopia – Eritrea conflict in 2001.

6. Mismanagement of Economic Resources.


Countries where there is poor governance, corruption and wide spread
poverty conflicts are likely to arise.

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.

8. Poverty, Illiteracy and unemployment.


In third World Countries, inequality in accessing goods and services increase
tension and lead into conflicts in urban areas. Unemployed poor peopled also
known as Lumpen Proletariat commonly called Kaponyas. They are easy
targets for war recruits and political extremists.

9. Injustices.

86
Civic Education Notes

Wherever there is injustice peace will never prevail because injustice


manifests itself in many ways. Is usually the source of anger, frustration, and
resentment to the existing government.

10. Conflict about Information


In many instances, the parties in conflict do not have sufficient, or even the
same information about a situation.

11. Conflict over Resources


Disputes about material resources such as land, money or objects are
normally obvious to identify and often lend themselves well to straight
forward bargaining.

12. Conflicts over Relationships


People in the family relationships business partnerships or community
organisations commonly have disagreements over a variety of specific issues.

13. Conflicts over interests or needs


Important and powerful needs for such things as identify, respect,
participation, ability to influence others and success are often at the heart
conflicts that appear to be a contest over material things.

14. Conflicts about structures


Structures created people such as political or religious structures, usually
determine who has access to power or resources who is accorded respect and
who has authority to make decisions.

15. Conflicts involving values


Values and beliefs are sometimes formed by life experiences and faith
perspectives. Because a challenge to a person’s value is seen as a threat to
one’s identity

IMPACT OF CONFLICTS IN AFRICA

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:-

 Maheba (North Western province)


 Mayukwayukwa (Western province)
 Ukwimi (Eastern province)
 Mwange (Northern province)

87
Civic Education Notes

3. The economy of a country in conflict is negatively affected. Agriculture and


trade decline.

4. Damages to the infrastructure; bridges, buildings, airports and railway lines


are destroyed.

5. Conflicts lead to environmental degradation. Environment degradation is


making the environment less fit for human, animal and plant life.

6. Public expenditure is predominantly for military effort. Such expenditure


normally increases the National debt as a country borrows for the war effort.

7. Conflict weakens governance institutions, as has been the case in Somali. As


a result, crime rises as there is no strong governance institution.

8. Provision of health and educational services is disrupted as people are afraid


to report for work.

9. Emergence of child soldiers who are forcefully recruited into armed militias.

10. The in-flow of refugees creates a burdens and grievances in


neighbouring countries and possibilities of spill over conflicts become high.

11. Crime levels escalate as people easily acquire small arms and light
weapons.

Other Impacts (Positive economic and Political gains)

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.

2. Companies producing arms (guns) ammunitions, uniform, boots, food,


military hard ware like tanks and planes gain economically.

3. When one group is defeated, such a defeat leads to territorial expansion by


the victors in the conflict.

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

88
Civic Education Notes

Conflict Resolution is the settlement or avoidance of disputes between individuals


or groups through solutions that avoid violence and attempt to re-unite and re-
humanise the people in conflict.

Methods of Resolving conflicts.


Conflicted resolution is the settlement or avoidance of disputes between individuals
or groups through solutions that avoid violence.

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

Creating a culture of peace


Peace is what should prevail in any country. But peace can only be in our hearts if
we respect other human beings.
We should control our anger, the hurt we have for other people and control the
resentment that we harbour in our hearts for other people

Promotion of good governance is another important step towards the creation of a


culture of peace in our country.
Bad governance breeds anger and hurt that will explode into serious conflict. Good
governance promotes justice. In an environment of harmony, it is easy to promote
positive social and economic development for the benefit of all citizens.

NOBEL PEACE PRIZE


Nobel Peace Prize is an annual monetary awards granted to individuals or
institutions for outstanding contributions in the promotion of international peace.
The Nobel prizes are internationally recognized as the most prestigious awards. The
prizes were established by Swedish inventor and industrialist Alfred Bernhard
Nobel, who set up a fund for them in his will.

89
Civic Education Notes

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, EQUITY AND EQUALITY

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.

90
Civic Education Notes

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:-

Job offers in employment, sector should be done on merit as all human


beings must enjoy the same rights and opportunities

HISTORICAL BACKGROUND TO GENDER ISSUES


The need for gender equity and equality is a direct result of the critical
areas that concern women and girl the child. This is as a result of the
biological differences between men and women while on the other are
issues of women’s socio-economic situation. Some issues that affect
women’s affairs include:
- Violence against women
- Persistent and increasing burden of poverty of women
- Inequalities and inadequacies in and equal access to health care,
education
- Inequality in economic structures and policies in all forms of
productive activities and access to resources
- Inequality between men and women in sharing of power and
decision making at all levels
- Lack of respect for and inadequate promotion and protection of the
human rights for women
- Inequalities in the management of natural resources and safe
guarding of the environment
- Persistent discrimination against and violation of the rights of the
girl child
- Stereotyping of women by society

91
Civic Education Notes

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.

Zambia signed CEDAW in 1980 and ratified it on 21st June 1985. By


signing the convention. Zambia has admitted that women face
discrimination or have their rights violated in their daily lives. Zambia has
taken a number of steps in implementing the convention.
 Attending the 1995 Beijing conference on gender

GENDER ROLES AND SOCIALISATION.


Gender Roles are prescribed as functional activities, tasks and
responsibilities which are assigned as female or male by society.

They are influenced by culture political, economic, religious, age, class


and racial factors. Gender roles are dynamic; they change from time to
time.

The following are some of the examples of Gender roles:


- Business Enterprise
- Water Resource Management
- Farming
- Gathering
- Tourism
- Crafts work
- Environment Management

Specific roles assigned by society:-

(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

92
Civic Education Notes

- 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.

Sex roles stereotype.


This is a belief that males and females by virtue of their sex perform
certain roles. For example girls are less intelligent than boys.

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.

The beliefs and values enshrined in the Socialisation in the socialisation


is based on patriarchal beliefs of the male dominance over women.

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.

The male child receives the bulk of available resources as well as


parental attention, health care and education. A girl child performs
more house cores than a boy child and thereby leaving her severely
disadvantaged in terms of education opportunities.
Similarly. Women are made to believe that they inferior to men.
During premarital and initiation ceremonies, women are strictly
taught to respect and please men in every possible ways.

Zambia being a patriotic nation a tradition of male monopoly in a


home is till common and is seen in the following ways.

Decision making

93
Civic Education Notes

- Control of resources.
- Sexual relationship and use of contraceptives.
- Polygamous marriages.

02. The School


Female and male learners are subjected to different socialisation in
the school system. The formal education provided tends to confine
girls to dominant and house hold levels seen through the kind of
subjects they take. For example, most girls tend to avoid
Mathematics, Science and Industrial Arts subjects and subjects like
metal /wood work technical drawing and geometric and Mechanical
Drawing. The practical subjects that they prefer to take include
home Economics, food and Nutrition, fabric designing and typing.

03. The media


The media in Zambia, like other agents of socialisation, has
continued depicting the position of women as being subordinate to
men. Some of the songs played on radio and television describe the
immoral behaviour of women while others emphasises in their total
submission to men. It is also important to note that most of the
Zambian popular lyrics are sung by men. Women are usually used
as dancing Queens.

04. Religious Institutions


Religious play a key role in the socialisation process from early child
hood. In general religions teach that women should be submissive to
men. While men are recognised as leaders.

THE INTER STATE SUCCESSION ACT (1989).

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.

94
Civic Education Notes

An administrator is a legally appointed person who acts on behalf of the


state in handling matters of the deceased person.. He/she is not part of
the beneficiaries.

Distribution of the Estates.


50 percent, for the children taking into consideration their ages and
education needs.

20 percent for surviving spouse(s) widow(s) or widower. This means that


in case of polygamous marriages the percentage shall be distributed
among all surviving spouses. If there is no spouse, the 20% shall be
given to children.

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.

10 percent for all the dependants if any.

It is important to note that the brothers, sisters and any relations of the
deceased are not part of the beneficiaries.

Personal chattels and house.


Personal chattels.
These include things like house hold goods, agriculture and hutting
equipment, books and many others. These are for the surviving spouse
and children.

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.

A breach of any part of the Intestate Act constitutes a criminal offence.


This means that property grabbing is strongly prohibited under this act.

Practical problems and limitations of the intestate Act.


(i) Customary Law of Inheritance is practice in Zambia does not protect
the widows and the orphans due to the patriarchal nature of the
Zambian society.

95
Civic Education Notes

(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.

(iii) Children born out of “wed lock” if not known or recognised by a


surviving spouse, do not benefit from the property of the deceased
parent and the law is not protective.

(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.

(v) Erring administrators must be punished under section 29 of the


intestate Act. However, practically this does not happen for fear of
breaking cultural norms and customs.

(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.

GENDER ISUES IN TRADITIONAL AND MODERN SOCIETY

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.

03. Land is predominantly owned by the men folk in the categories of


husband, brothers, uncles and nephews. The laws which govern the

96
Civic Education Notes

Zambian legal system are sender biased. They do not allow women
to own and inherit land on equal basis with men.

04. Insufficient decision making power in a home is experienced by most


married women who find themselves in unfair situations. Their
husbands have to decide for them the kind of business they would
undertake and control the income generated from business run by
their wives.

05. A tradition of male monopoly of control over female reproduction has


to be own extent continued even in the modern society. It is
believed that the husband has a right to control sexual relationship
in a home and control the use of condoms and in a way this makes
it difficult for a woman to protect herself from pregnancy or
contracting HIV/IDS and other sexually transmitted infections.

06. Polygamy is another patriarchal element in traditional African


society; It gives and makes a man retain the rights of potential
polygamies. For example, in a child less marriage where a wife is
infertile, a husband may easily marry another woman and not vice
versa.

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.

03. Women subordination in a marriage relationship due to “Lobola or


Bride price” implied that women had little choice to abandon
marriage. However women are now able to exercise their human
rights and their concerns and grievances are now being addressed
by the courts of law.

04. Traditionally, girls and women were expected to do the house work.
Similarly at school. To achieve gender balance, the trend has now

97
Civic Education Notes

changed both gender are now encouraged to actively participate in


bringing about social development at home and at school.

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.

ORGANISATION AND INSTITUTIONS THAT ADVOCATE FOR GENDER


EQUITY AND EUALITY.

Setting up of Gender in development Division (GIDD)


The division main task is to coordinate, monitor and evaluate the
implementation of gender related development policies projects and the
programmes to ensure that gender is integrated in government
administration.

Zambia police service – Victim support Unit


The Victim support Unit of the Zambia Police was formed in 1994 and
started operating in 199. The general aims of the VSU include the
following:
(i) Protecting Victims of gender Violence
(ii) Sensitising people the dangers gender violence
(iii) Protecting Victims of property grabbing
(iv) Protecting children against all forms of child abuse

Zambia National women’s Lobby group (ZNWLG)


ZNWLG - this group was formed in 1991 by women from Non-
governmental Organisations and Political parties concerned about
discrimination that women differ and their poor representation in
government and other public offices.

It has offices in the following provincial centres:-


- Copperbelt (Kitwe)
- Eastern (chipata)
- Western (Mongu)

Objectives of the organisation.


- Promotion of equal participation and representation of woman
and men in decision making.

98
Civic Education Notes

- Cultivation and promotion of culture of gender equity and


equality and respect for women’s rights.

- Under taking training and managing resource mobilisation


programmes meant for capacity building, lobbing mechanism.

Programmes undertaken by the organisation.


- Capacity building for female aspiring candidates for elections.
- Civic education relating to constitutional maters.
- Monitoring and observing elections.
- Conducting community debate on topical issues.
- Information dissemination through publications.

Justice for widows and orphans project (JWOP)


It was established in 2001 under the support of the embassy of Finland.

Objectives.
- To disseminate information on the rights of widows and orphans.

- To highlight and punish cases of violation of human rights


committed in society so that they are addressed appropriately.

- To conduct sensitization programmes for community leaders and


the general public.

Young women Christian Association. (YWCA)


The advocacy programme which falls under the women’s rights *WHR)
programme establishment in 1993 following the finding of a study on
cases of violence against women.

Aims
- Ensuring that women know their rights duties and
responsibilities in society.

- Helping women realise their full potential as human beings and


the contribution they should make to advance themselves, and
their families community and the whole country.

Zambia Association for research and development. (ZARD)


- ZARD was formed in 1984 with an aim to uplift the status and
position of women through action oriented participatory and
gender sensitive research.

99
Civic Education Notes

- ZARD also undertakes research activities aimed at promoting


gender balance in society.

Zambia Association for disabled women


ZADWO was formed in 1992.

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.

Zambia alliance of women (ZAW)


ZAW was formed in 1978 but formally registered in 1982. It was
involved in the following advocate programmes:-

- Advocacy for women’s rights as human rights gender sensitization


and popularizing CEDAW.
- Promotion and enhancement of women’s rights and inheritance,
women and education and women and development in general.
- Advocacy for good governance and promotion of peace.
- Eradication of poverty through food security.
- Research and documentation in social economic programmes and
in health and education matters.

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

100
Civic Education Notes

cells in the human body. As CD4 reduces, the body becomes


susceptible to diseases that easily affect the people with AIDS are
known as Opportunistic Infections e.g. flu, diarrhoea, skin rush, etc.
Opportunistic infections are infections that take advantage of a
weakened immune system. Such infections are usually harmless in
healthy people but can prove life-threatening to people with AIDS.

ORIGIN OF HIV/AIDS
Details of the origin of HIV remain unclear; however the following
theories try to explain the origin of HIV.

THEORIES ABOUT THE ORIGIN OF HIV/AIDS

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”

4) Laboratory Dysfunction Theory


According to this theory, HIV was wrongly created as a result of a
laboratory dysfunction or mistake.

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

101
Civic Education Notes

been found yet. It is therefore important to concentrate on finding a


cure than waste time finger pointing each other.

MODES OF TRANSMISSION FOR HIV

(i) Unprotected Sexual Intercourse.


Sexual Intercourse with an infected person is the main way
through which HIV is transmitted. The virus can enter the body
through the bruised lining of the vagina, penis, rectum or mouth
during vaginal, anal or oral sex.

(ii) Mother To Child Transmission (MTCT)


HIV can be transmitted from an infected mother to her child
during Pregnancy, delivery or breastfeeding.
 During pregnancy: the HIV may be transmitted to the unborn
baby during pregnancy. This happens when the placenta gets
bruised through injury. (21%)
 During labour and delivery: this happens when the linings of
the vagina get cut or bruised during delivery. (65%)
 After birth: when a child is born the skin in the mouth is very
delicate such that when it sucks on cracked nipples, it may
sustain bruises and may get the virus. (14%)

(iii) HIV Infected blood.


HIV can also be passed from an infected person to an uninfected
person through blood transfusion or blood contact.

(iv) Unsterilized Needles or Sharp instruments.


HIV can be transmitted through sharing of unsterilized sharp
instruments such as needles and razor blades. E.g. drug users
who share needles may contract HIV.

MYTHS ABOUT HIV TRANSMISSION


 Bathing/washing after sex prevents HIV transmission
 Having sex upside down....
 Having sex while standing....
 Sitting in cold water....

PREVENTION OF HIV TRANSMISSION


HIV can be prevented through the following ways:-

(i) Abstinence

102
Civic Education Notes

This means completely staying away from sex. It is the best method of
preventing HIV/AIDS.

(ii) Being Faithful


This means sticking to one sexual partner and not engaging in Multi
Concurrent Partnerships (MCP). This method is only effective if both
partners adhere to it.

(iii) Condom Use


Using condoms correctly and consistently every time you have sex
helps prevents the spread of HIV/AIDS.

SUPPLEMENTARY METHODS

(i) Voluntary Counselling and Testing (VCT)


By knowing ones status, a person may help prevent re-infection by
using condoms. It also entails living a positive life.

(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.

RISKY BEHAVIOURS THAT EXPOSE PEOPLE TO HIV/AIDS

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

103
Civic Education Notes

raising money for their basic needs, e.g. lotion, perfume,


mealie meal, etc.
b) Business Practices
Due to economic pressure, people may engage in cross border
trade and may expose people to sexual activity that may lead
them to contracting HIV/AIDS.
c) Prostitution
This is the practice of engaging in relatively random sexual
activity, in general with someone who is not a spouse or a
friend, in exchange for immediate payment in money or other
valuables. Prostitutes may be female or male , but historically
most prostitutes have been women and most clients men. This
activity highly increases the risk of contracting HIV/AIDS.

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.

IMPACT OF HIV/AIDS IN ZAMBIA


(A) Individual/Family level.
At family level, the diseases have killed spouses, either both at the same
time or one at a time with in a short period of time. Such situation has
created orphans that have to be taken care of by members of the family
that are surviving.

(B) Nationality level.


On national level the government loses millions of human hours as a result
of the infected and sick workers in various departments in the whole
country. The governments also spend huge amounts of money otherwise
meant for other developmental projects towards HIV/AIDS e.g. buying of
ARVs.

104
Civic Education Notes

(C) Burial sites.


As Christians we bury our departed loved ones. This requires huge tracts of
land to bury the hundreds that die every day for example in Lusaka, there
is shortage of burial sites (cemetery)

(D) Scientific research.


Though not very active in this country but in other countries scientific
research has been intensified with the view of findings the cure for the
diseases.

(E) Coffins
Many companies Associated with the provision of coffins have been
established in order to handle the AIDS crisis especially in urban areas.

STIGMA AND DISCRIMINATION


Stigma
Is a negative attitude that people have towards other people because of
prejudice.

Prejudice.
Is labelling of people because they are different.

Stigmatisation can be defined as a process in which negative qualities are


pronounced, for example the colour of the skin, the way someone talks, the
things they do. The process can be a bit arbitrary. Others also define it as
discreditable and unworthy.

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.

(ii) Only Promiscuous people get HIV/AIDS


Having sexual intercourse without careful choice and thought.

(iii) People with AIDS should be Isolated


Some believe that people living with HIV/AIDS should be isolated
to contain the disease

Discrimination.

105
Civic Education Notes

Treating people differently because of their status and colour. People


suffer discrimination in the following ways:

(i) Places of work


At some places of work, PLWHA are not considered for promotion,
there are not special arrangements for working time, special
equipment and opportunities for rest, beaks and flexible sick
leave.

(ii) Mandatory HIV testing


Mandatory – compulsory. Some employers require mandatory
HIV testing as a condition for recruitment.

(iii) Insurance companies.


Some insurance companies require HIV testing before life
assurance as a base for premium payments.

(iv) Confidentiality on VCT.


Health workers entrusted with information do not respect
confidentiality of HIV/AIDS status.

(v) Educational scholarship.


People living with HIV/AIDS are denied Educational Scholarship by
both international and national organisations.

(vi) National documents / Visa


Travel is restricted for PLWHA because some countries require
status a condition for Visa application.
Visa
Stamp or signature put on passport to allow one enter a foreign
country.

Factors that trigger Stigmatisation and Discrimination


 Lack of understanding of the disease (Ignorance)
 Myths about how HIV is transmitted
 Untruthful opinions about HIV

RIGHTS OF PEOPLE LIVING WITH HIV/AIDS.


The constitution protects discrimination and guarantees freedoms and
rights under Article 23. All the people should enjoy their right
regardless of their status.

Some of these rights are:-

106
Civic Education Notes

 An infected person has a right to make his/her decision about


medical treatment and therefore cannot be forced to test HIV.
 Right to life
 Right to liberty.
 Right to protection for privacy.
 Freedom of expression.
 Freedom of movement.
 Freedom of Association
 Right to health
 Right to confidentiality (Confidentiality means secrecy)

MITIGATION STRATEGIES

Treatment Care and Counselling.


 Anti Retroviral drugs (ARVs) are now available in Zambia. They
do not cure HIV/AIDs but prolongs the lives of PLWHA.

 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.

Strategies for treatment care and support for HIV/AIDS


Patients
 Establishment of HIV/AIDS community care and support
centres e.g. Hospices.
 Testing (VCT) centres e.g. Kara counselling centre.
 Conducting advocacy campaigns e.g. advertising messages
about HIV/AID care and support.
 Integration of HIV/AIDS in the school curriculum.
 Development of policies that integrate HIV/AIDS and human
rights.
 Involvement of people in HIV/AIDS activities.

Voluntary Counselling and Testing


 Voluntary: Going for counselling out of own free will without
being forced
 Counselling: Trained counsellors help you to understand the
process and the results
 Testing: The process of getting a sample of blood from
individual to see if that person has the antibodies of HIV in the
blood.

107
Civic Education Notes

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.

SEXUALLY TRANSMITTED INFECTIONS


STIs are contracted through sexual intercourse from an infected
person. STIs are caused by viruses, bacteria and parasites. STIs are
common among young adults and adolescents in all social and
economic classes. Most STI’s are curable and medicine is available in
government clinics and hospitals. Common STI’s include, Syphilis,
Gonorrhoea, Genital Warts, Chlamydia, etc.

COMMON SIGNS AND SYMPTOMS OF STI’s


 Pain during sex
 Yellow, Green or white discharge from penis or vagina.
 Pain when urinating
 Blister or sore on penis or vagina

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.

108
Civic Education Notes

 Promotion of alternative remedies such as herbs through


research testing.

Institutions and Organisations Dealing with HIV and AIDS

The Ministry of Health is the main institution dealing with HIV/AIDS in


Zambia apart from the UTH in Lusaka, the Ministry has a network of
hospitals, clinics and health centres throughout the country.
 Africare/Zambia Drop in centres
 Copper belt heath education Project
 Family Health Trust
 Family Support Unit (at the UTH)
 Hope Human People to people
 Human Rights Referral Centre
 Justice for Widows and orphans project (JWOP)
 Kara counselling and testing centre
 Legal resources Foundation (LRF)
 National Legal Aid clinic for Women (NLACW)
 National AIDS Council (NAC)
 Network of people living with HIV/AIDS
 New start and counselling centre
 Planned Parenthood Association of Zambia (PPAZ)
 Sepo Centre (Livingstone)
 Women in law In southern Africa
 Zambia Business Coalition on HIV and AIDS
 Zambia Health Education and Communications Trust (ZHECT)

ROLE OF HIV AND AIDS INSTITUTIONS AND ORGANIZATIONS

 Voluntary counselling and testing (VCT) This service is


provided by most government and private hospitals in the
country
 Treatment and care: AIDS has no cure but opportunistic
diseases like TB can be treated. Anti-Retroviral therapy (ART)
is provided by most hospitals
 Training counsellors: Some Hospitals and NGOs like Kara
counselling and Hope Human train counsellors who offer advice
to people living with HIV/AIDS
 Skills and Fitness Training: Kara counselling, Hope Human
and other institutions offer training to PLWHA. They offer them
physical fitness and life skills training.
 Advocacy and Lobbying: This activity involves writing and
publishing information material about HIV/AIDS such as T-

109
Civic Education Notes

shirts, brochures, posters, radio and TV advertisements, drama


and seminars.
 Outreach Programmes: These programmes aim at
establishing contacts with other people in the community, work
places, churches, schools and colleges. Every school should
have an active anti AIDS club.
 Drop in centres: Some institutions: like the Africare Zambia
Drop in centres offer orphanage facilities to take care of
vulnerable children who have lost their parents due to
HIV/AIDS
 Legal Advice: people Living with AIDS, widows and orphans
whose rights have been violated are offered assistance by
institutions such as Legal Resources Foundation, the National
Legal Aid Clinic For women and Women in Law in Southern
Africa (WILSA)

SOCIAL CHALLENGES

Social Challenges
These are issues and problems facing human beings today. For
example, Child Abuse, Sexual Assault, Teenage Pregnancies and
Gender Violence.

(a) CHILD ABUSE


Child abuse is any form of ill treatment of a child. This ill
treatment could be physical, mental or verbal.

110
Civic Education Notes

Forms of Child Abuse.

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.

5. Child Sexual Abuse


Sexual abuse is any sexual act imposed on a child or young person
by a close relative and includes fondling a child’s genitals, making
the child fondle the adult’s genitals and having sexual intercourse
with a child.
Sexual assault is when a stranger commits the above to the Child

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

111
Civic Education Notes

WAYS OF ADDRESSING CHILD ABUSE.

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

Institutions that address child abuse.


(i) Victim support unit (Zambia Police Service)
(ii) Young Women’s Christians Association (YWCA)
(iii) Young Men Christians Association (YMCA)
(iv) Zambia Civic Education Association (ZCEA)

Protection against Sexual Assault.


Possible ways:-
(i) Try to make your home as secure as possible.
(ii) Do not let anyone into your home if you feel in any way doubtful
or suspicious.
(iii) Avoid situations that make you feel uncomfortable or unsafe, even
if you can see no reason for your feelings.
(iv). Try to get help from some onenear by, but stay alert and use your
judgement.
(v) Hick-Hiking is risky for girls and women.
(vi. When you travel alone using public transport try to sit with
another woman.
(vii) Remembers that most of the abusers are people who know you
such as friends and relatives.
(viii) Practice self defence skills regularly.

(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.

112
Civic Education Notes

Ways of Resisting Rape


- Attention seeking tactics, shouting, screaming or trying to get
some one to help.
- Non corporation tactics for example refusing to take your cloths
off.
- Psychological tactics; for example reasoning with the rapist,
trying to frighten him, disgust him or gain sympathy.
- Physical resistance; fighting back or struggling.

Possible Reactions after Rape.


- Shock
- Loss of control, feelings of powerlessness.
- Un-maturely calm
- Acting normally.
- Problems with sleep for example nightmares.
- Fear
- Shame
- Feeling guilty
- Avoiding physical contact
- Depression
- Anger
- Trauma

What to do after Rape


- Report to the police
- Get a medical report from the nearest heath centre.
- Visit a counsellor.
- Seek legal advice.
-

(c) TEENAGE PREGNANCIES.


Factors that contribute to pregnancy.

(i) Peer pressure


Sometimes boys and girls engage in sexual activities due to peer
pressure and would like to be like others.
(ii) Personal Development
As children grow sometimes they develop sexual feelings and
emotions which they don’t understand as a result they want to
fulfil these alleges

(iii) Lack of sex education

113
Civic Education Notes

Parents do not discuss sexual issues with their children.

(iv) Society and media influence.


Influence of cultures modern songs television and radio
programmes.

(v) Cultural issues.


In some societies girls are disadvantaged. They are married off at
an early age and are not allowed to go to school only boys are
allowed.

(vi) Economic issues.


Some girls engage in sexual activities for monetary gains.

Effects of teenage pregnancies.


- The health of the mother is affected because he/she is not yet
mature for reproduction.
- The mother may not know how to take care of the baby, hence
poor health for the baby.
- The burden is shifted to the parents if the young couple cannot
cop with costs.
- Chances of the girl getting married are at stake
- Child dumping.
- Disturbance in the education of the mother.

Prevention of teenage pregnancies.


- Abstinence
- Avoiding bad company
- Setting goals or principals
- Discussing with friends
- Avoiding alcohol and drugs.
- Resisting peer pressure
- Upholding good morals and values
- Be occupied with activities like joining clubs.

(d) SEXUAL HARASSMENT.


Sexual harassment is when some one keeps on saying things or
doing things of sexual kind like touching or making sexual
remarks. A person does this even when he knows you do not
want it.

People who are sexually harassed can do the following

114
Civic Education Notes

- Make it clear that you do not want that kind of behaviour from
the person.

- If he/she continues to harass you, keep a record of the


incidents in a note book and tell a friend to witness them for
support.

- Discuss the problem openly and in that way you can make
problem known to stop the harasser.

(e) GENDER VIOLENCE


Gender based violence is physical or emotional force involving
men and women in which the female are usually the victim.

Forms of Gender violence.

01. Physical Violence


A form of violence directed on the body. It takes the form of
fondling, beating, slapping, punching, shooting, kicking, stabbing,
rape and sexual assault.

02. Psychological violence.


It is violence toward the mind. It takes the form of humiliation,
threats, harassment and attack on another person’s surf worth.

03. Structure violence.


It includes violence that exists within the structures of institutions.
It occurs in economic, political, social and military systems.

Gender based violence emanates largely from the patriarchal


gender system that violets women’s rights at all levels. It
includes poverty, land eviction of lack of access to services.

Causes of Gender Based Violence.


- Socialisation – Learned behaviour based on cultural practices
and beliefs that disadvantage women and children especially
girl child.
- Low self esteem by perpetrator.
- Insecurity, social and financial economic dependence by the
abused.
- Beliefs that women provoke men by answering back.
- Suspected extra marital affairs.

115
Civic Education Notes

- Refusal or delay to serve food.


- Perceived sadness and lack of respect for the husband.
- Belief that men show love by beating wives.
- Refusal to have sex.
- Failure to set permission from male partners to do something
- Gender roles stereotyping - societal beliefs, myths or attitudes
that men and women by virtue of their socialisation should
perform certain tasks.
- Drunkenness.
- Petty jealousy.

Who are the Abusers.


Abusers may include people within the family such as husband and wife
guardian and those out side the family friends and strangers.

Common forms of violence


- Physical (spouse battery)
- Verbal abuse for example insults)
- Rape and defilement
- Incest
- Threats
- Property grabbing
- Cruelty by guardians
- Lack of child or spouse support.

Effects of gender based violence


- Oppression of the spouse.
- The abused may be fearful and angry
- Sexual violence contributions to the spread of HIV/AIDS and
STIs.
- Physical, mental injury and death
- Permanent disability
- Un planned pregnancies
- Suicide
- Depression or trauma
- Loss of self esteem and confidence.
- Family disruption, for example divorce.

Ways of reducing Gender Based Violence.


- Speaking about the problem.

116
Civic Education Notes

- Sensitising the community about gender violence and the need


to work together to stop the vice.
- Assisting couples to discuss and resolve their problems.
- Reporting cases of violence to the police victim support unit for
legal action and counselling.
- Encourage victims to go for legal advice to NGOs or drop in
centres dealing with gender based violence.

Measured to curb Gender Violence and Child Abuse.


- Lobby and for changes in laws and enforcement laws regarding
gender violence.
- Awareness companies on gender violence and child abuse.
- Establishing counselling centres for victims.
- Putting pressure on the community to make conditions safer for
vulnerable people such as improving street lighting in certain
areas.
- Researching and keeping records on child abuse and gender
violence for social action and policy making.
- Formulation of community based gender violence committees.

Institutions that address Gender Based Violence.


- Victim Support Unit
- Young Women Christian Association
- Young Men Christian Association
- Legal Aid Clinic for women
- Other NGOs.

[email protected]

117
Civic Education Notes

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.

TYPES OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

1. INTERNATIONAL BILL OF RIGHTS. This is made up of three main instruments. i.e.


o Universal declaration of human rights
o International covenant on civil and political rights
o International covenant on economic, social and cultural rights.

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

1. b. INTERNATIONAL CONVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)


This came into force in 1966. The aim of the ICCPR unlike the UDHR is that the ICCPR is legally
binding to its member states. These are rights that are easy in nature to implement as they require
no big investment for them to be enjoyed.

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

118
Civic Education Notes

SUMMARY PROVISIONS(CONTENT) OF THE ICCPR


1) right to life
2) Freedom from torture
3) freedom from imprisonment for debt
4) right to privacy
5) Right to assembly

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 ICCPR has two optional protocols. These are:


1 FIRST OPTIONAL PROTOCOL (1976): this provision allows individuals to complain direct to the
United Nations human right commission on issues of human rights violations contained in the ICCPR
provided they exhaust all channels of complaints usually through the courts of law.

Zambia is a state party (member) to this protocol


2 SECOND OPTIONAL PROTOCOL (1990): This aim at the abolition of the death penalty. Zambia
is not a state party to this.

1. C. INTERNATIONAL CONVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)


 This is also an extract of the Universal Declaration of Human Rights which was also an effort
to come up with a legally blinding document.
 It was formed in 1966.
 These rights are programmatic because they are dependant on resources for their
realization.

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.

SUMMARY PROVISIONS (CONTENT) OF THE ICESCR

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

SPECIALISED HUMAN RIGHTS INSTRUMENTS

2. a. INTERNATIONAL CONVENANT ON THE ELIMINATION OF ALL FORMS OF DESCRIMINATION


(ICERD) 1969
o It came into force in 1969. it was drafted to draw attention to matters of racial
discrimination which were still rampant in the world.

PRINCIPAL DEFINATION OF RACIAL DISCRIMINATON: this is any distinction, exclusion,


restriction or any performance based on race, colour, decent or nation or origin which has
which has the purpose of impairing the recognition enjoyment of an equal footing of human
rights and fundamental freedoms in the political economic social or any other right in public
life.

119
Civic Education Notes

SUMARRY PROVISIONS

- Condemn racial discrimination and Apartheid.


- Prohibit the act of discrimination by individuals
-Assure everyone within your powers adequate protection and remadies
-Undertake immediate and effective measures in teaching, education, culture and information with a
view of combating prejudice and ratio discrimination.

2. b. INTERNATIONAL CONVETIONAL ON THE ELIMINATION OF ALL FORMS OF DESCRIMINATION


AGANST WOMEN (CEDAW). (1979)

 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

 PRINCIPAL DEFINATION OF RACIAL DISCRIMINATON: this is any distinction, exclusion,


restriction or any performance based on sex which has the purpose of impairing the
recognition enjoyment of an equal footing of human rights and fundamental freedoms in
the political economic social or any other right in public life.

SUMMARY OF PROVISION

- Eliminate all forms of discrimination against women.


- Establish a legal protection of the rights of women on an equal basis with men.

2. c. CONVENTION AGAINST TOTURE AND OTHER CRUEL IN HUMAN OR DEGRADING TREATMENT


OR PUNISHMENT (CAT)
 This was born on 10th December 1984 and Zambia became a state party to this convention in
1998.
 The aim of the instrument is to totally forbid torture
PRINCIPAL DEFINATION

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

2. d. CONVENTION ON THE RIGHTS OF THE CHILD


This looks at issues on the rights of a child and considers children as individuals with equal status as
adults.
GENERAL PRINCIPALS OF THE C.R.C
a) BEST INTEREST OF A CHILD. This means giving primary consideration to what the child
wants
b) SURVIVAL AND DEVELOPMENT. These priorities making a child develop his or her fullest
potentials in the angles of life that is personality abilities and talents.

120
Civic Education Notes

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.

2 e. THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT


WORKERS AND MEMBERS OF THEIR FAMILIES (CMW) 1990

- 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

HOW THE CONVENTION DEFINES RIGHTS WHICH APPLY TO CERTAIN CATEGORIES


OF MIGRANT WORKERS AND THEIR FAMILIES

1- FRONTIER WORKERS: Are those living in a neighbouring country to which they


return daily or at least once in a week
2- SEASONAL WORKERS: Are those people working in foreign countries during
specific seasons like harvesting or planting
3- SEAFARERS: Are those employed on water vessels registered in a country other
than their own.
4- WORKERS ON OFFSHORE INSTALLATIONS: Are those who are under the authority
of a country other than their own.
5- ITINERANT WORKERS: Are those who move from place to place in search of work.
6-MIGRANTS EMPLOYED FOR A SPECIFIC PROJECT: Are those employed by a country
which is not theirs to conduct a service or construct a project
7- SELF EMPLOYED: These are people who are in the informal sector.

INTERNATIONAL HUMAN RIGHTS LAW TERMINOLOGY

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.

121
Civic Education Notes

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.

122
Civic Education Notes

(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 requirements for customary marriage are;


(a) Consent
This is when parents or guardians of the woman getting married give permission for
her to marry and also when the persons getting married agree to marry.

(b) Marriage Payment


There is always payment as recognition of marriage. This payment can be a token
sum or substantial amount depending on the ethnic group. The payment is made by
the bridegroom to the family of the bride to be. This payment makes legal the
marriage.
(c) Spouses

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.

123
Civic Education Notes

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.

Reasons for void marriage; These include;

 Lack of parental consent.


 Lack of publication of banns in church.
 If the man is under the age of 21 years.
 If the female is under 21 years and above 16 without consent from the parents or
guardians.
 If one party is already married under the marriage act at the time of contracting the
marriage.
 Prohibited degrees of marriage which are relationships by blood in legal terms known
as consanguinity or by marriage which by law is called affinity

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

124
Civic Education Notes

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.

125
Civic Education Notes

 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.

Consent will not be asked from:-


 A person or guardian of a child or infant who has neglected or abandoned the infant
or child.
 A parent or guardian who is supposed to be paying maintenance to the child or infant
but who has continuously not done this for a long period of time.
 The person whose consent is needed cannot be found or is incapable of giving his or
her consent or if he/she is withholding consent unreasonably.

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

126
Civic Education Notes

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

127
Civic Education Notes

(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.

Therefore a good development should include:-


(i) Current economic conditions especially national income, productive and foreign trade
(ii) Current social situation especially population changes, education, health housing and social
security
(iii) An evaluation of progress achieved under the preceding plan.
(iv) A statement of general objectives of economy and social policy
(v) Estimates of the growth, or social component during the period covered by the plan.
(vi) Measures designed to raise the rate of economic growth for example: - to stimulate saving and
investment and to increase productivity which are impossible to achieve.

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.

ZAMBIA’S DEVELOPMENT PLANS

1. Emergency Development Plan (EDP)


The plan was launched immediately after independence as the first step to restructure the inherited
colonial Capitalist economy. It provided a frame work for more comprehensive programs of
economic and social development in Zambia.

2. National Transition Development plan (TDP) 1965- 1966


Money was spent on extension of transport power and communications services. It also focused on
the improvement of agriculture and education. Primary and Secondary schools were built in each
district.

3. First National Development Plan (FNDP) 1966- 1970


It had six main aims:-
- To diversify the economy from copper mining to agriculture and manufacturing
- To develop the rural areas
- To expand welfare services such as housing and building more hospitals

128
Civic Education Notes

- To improve power and transport and communication services


- To create 100,000 new by the end of 1970

4. Second National Development Plan (SNDP) 1972- 1976


Its goals were to increase and expand the diversification process initiated under FNDP.
- Attaining self sufficiency in food supplies and improvement in income
- Expanding and diversifying industry and mining through import substitution by using Local
materials
- Initiating measures for regional development
- Linking educational programs to the country’s manpower requirements
- Improve the existing infrastructure such as power, transport and communication

5. Third National Development Plan (TNDP) 1980 – 1983


It had the following provisions:-
- Allocating investment funds and creating a base for the transformation of society through
socialism and Humanism
- Involving the private sector in economic and social development while taking into account
Socialist and Humanist ideas.
- Balanced development with regard to linkages between industry and agriculture
- Increasing the production of consumer and capital goods
- Fair income distribution and creating and egalitarian (Communal Society)
- Diversification of the economy and rural development
- Expanding education training facilities to speed up Zambianisation.

6. Fourth Development Plan (FNDP) 1989- 1993


This plan was followed by the New Economic Recovery Program, (July 1987 to December 1993)
The FNDP focused on:-
- Periodic review of the exchange rate and interest rates
- The reduction of budget deficit to below 2% of Gross Domestic Product (GDP) by 1993
- A gradual reduction of subsidies so as to reduce pressure on the budget.
- Reduction in the annual growth of money supply to below 40% by 1993
- Reduction in the rate of inflation to below 20% in 1993
- Increase capacity utilization to above 70% of industrial averages by 1993
- Reducing the number of price controlled items to one by 1993

7. Fifth national development plan (fndp) 2006-2010


This plan was based on Vision 2030. Some of the goals of FNDP were to:
- Develop and rehabilitate infrastructure.
- Develop and build human resource capacity respectively
- Promote equal participation of females and males in education
- Develop irrigation in both private and public sectors.
- Develop and promote livestock and fisheries.
- Promote accountability and transparency.
- Develop small and large scale mining.
- Promote skills training and capacity building.
- Promote investment.
- Develop and diversify capital market.
- Promote rural electrification
- Promote rural and urban water and sanitation.
- Promote child and youth empowerment through relevant skills.

TYPES OF DEVELOPMENT PLANNING


1. Short Term Plan
This covers a short period from six months to one year, For example the Annual National
Plan. The Annual Plan is the control plan which checks different ministries to make sure that
what was planned and budgeted for has been implemented.
The major challenge about short term plan is under estimation. The plan may list what the
country needs rather than what the country is capable of achieving.

129
Civic Education Notes

2. Medium Term Plan


It ranges between three and seven years with five years as the most popular choice. The
purpose of medium Term Plan is to move towards self sustaining growth. For example:- after
independence Zambia had the Emergence National Development Plan which was designed to
move the country from colonial Mono- Economy to diversified economy.
The main objectives of the Medium Term Plan may be:-
- Diversify the economy to eliminate over dependence on one or two products
- Increase the value of the Nations own input
- Maintain reasonable price stability
- Eliminate disparities between urban and rural population in interns of wealth and job
opportunities
- Raise the level of general education
- Provide training to equip more people for administrative and technical jobs
- Develop the necessary social infrastructure such as schools hospitals and roads
- Develop transport and communications
- Attain self sufficiency in food supply and security and new sources energy
- Balance development between manufacturing industry and Agriculture
- Stabilize the economy by controlling inflation
- Periodically review the exchange and interest rate.

3. Long Term Plan


This is sometimes referred to as the Long Range Development Plan.
It covers a period of ten to twenty years and above. The Plan is mostly needed for
implementation of large scale project such:-
- Construction hydro power stations
- Reforestation
- Opening new mines
- Construction of new roads and railway lines such projects. It also enables government to
spread development to all areas particularly in rural areas.
- A long term plan takes care of the shortcoming of short and medium term plan such as
planning for too many things in one budget.
-
CENTRALISED AND DECENTRALISED PLANNING
1. Centralized Planning.
This planning is done by the central government without the involvement of the local
communities. In the past centralized planning and administration were considered necessary
to guide and control the economics of countries emerging from long period colonial rule.

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.

130
Civic Education Notes

Budget-and Fiscal Discipline


Fiscal Discipline: - Means strict control of public resources
The government takes measures to ensure compliance in taxation and public expenditure.
Government should cut its expenditure and direct its resources only to essential areas such as
education, health and agriculture public officials who misuse or misappropriated government
funds are severely punished.
Government sticks to the goals set in the budget. As Much as possible, external borrowing is
avoided unless such borrowing targets economic growth through productive investment.

MICRO AND MACRO INSTITUTIONS


(A) Micro- Is a Greek word meaning “small ’’ A Micro Financial institution is one that gives
financial assistance to small scale producers or entrepreneurs for small scale projects. For
example:- farming, repair of a classroom blocks and improving water supply. Examples of
Micro Financial institutions include: ZMSIF, Women Finance Cooperative of Zambia LTD, Bay
Port Financial Services.
1. Zambia Social Investment Fund (ZAMSIF)
The Fund is divided into two:-
(i) ZAMSIF Study Fund: it links and net works with several institutions and
programs whose activities focus on poverty related issues.
(ii) ZAMSIF Community Investment Fund: This fund supports projects that
are initiated and driven by the community ZAMSIF has headquarters in
Lusaka with offices in all provincial centers

2. Women Finance Cooperative of Zambia


It provides financial services for both savings and credit. It provides soft loans to low
income women at a very low interest rate of not more than 10 percent. It has
branches in all nine provinces of Zambia. Its headquarters is in Lusaka. The
Organization gets financial assistance from international Net world women’s World
Bank. Interest is less than 20% per year

3. Bay Port Finance Service


It is a private institution which provides financial assistance to workers in the form of
loans to be paid back through workers monthly deductions up to the Maximum period
of one year. Interest rate is less than 30% per year. It has branches in all the nine
provinces of Zambia.

B. MACRO- FINANCIAL INSTITUTIONS


Macro- is a Greek word meaning large.
Macro Financial institutions are institutions which fund large scale projects such as
construction of schools, bridges, roads and railway lines. Example s of Micro Financial
institutions operating In Zambia include:- International monetary fund (IMF), The world
Bank, African Development Bank (ADB), Arab Bank for Economic Development In Africa
(ABEDA).

(i)International Monetary Fund (IMF)


The IMF is a specialized agency of the United Nations Organization which was set up in
1944. Some of the Objectives of the fund are to:-
-Promote international Monetary Cooperation.
- Promote stable exchange rates and maintain orderly exchange arrangements
- Facilitate the expansion and balanced growth of international trade.
- Encourage full convertibility between currencies and can end to exchange rates controls
- To shorten periods of balance of payments of member countries
However, the economic adjustments policies prescribed by the IMF are considered by
many
to hinder development. The measures suggested by the IMF to overcome the balance of
payments
Problems include:-
- Relaxing exchange controls
- Removal of import restrictions, price controls and the end of subsidies

131
Civic Education Notes

- Removal of controls over foreign exchange and imports in order to get


assistance.
- The IMF’s main financial role is to provide temporary credits to members
experiencing balance of
payments’ difficulties.

(ii) International Bank for Reconstruction and Development (IBRD)


The IBRD is commonly known as the World Bank. It began its operations in 1946. The Bank
encourages capital investment for all member states. It gives loans to specific projects that are
productive and provides Finance for foreign exchange requirements for such projects Loans are
usually for a period of 20 years with grace period of five years.

World Bank member countries pay subscription fees to the Bank according to their Growth National
Product (GNP)

(ii) African Development Bank (ADB)


The ADB was established in August 1963 and began its operations in July 1966. It gives
concessionary loans to member states.
Concessionary Loan is money given to a country with no conditions attached.
It gives Loans to specific project that are productive and provides finance for foreign exchange
requirements for such projects. The loans given are paid back with a low interest rate less than 10%

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.

(ii) Arab Bank for Economic Development in Africa (ABEDA)


The Bank was set up by the Arab League in 1973 and begun operat5ions in 1975. The Head Office
is in Khartoum, Sudan. It gives loans to specific projects that are productive and provide finance for
foreign excgange.
Generally, Projects are financed jointly with international lending institutions such as the World Bank
and African Development Bank. Zambia obtained loans from ABEDA for capital projects such as road
construction.

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:-

1. Gross National Product (GNP) or The National Income


This is measure of production in monetary terms during period of time. It is the amount of
goods and services produced within a country and accounted for in a particular year. It also
includes income from abroad.

2. Gross Domestic Product (GDP)


GDP is the total out put of an economy and consists of all accounted for goods and services
that have been produced in the course of the year. All products and services produced within
the country are added up calculated in monetary form.

3. Human Development Index (HDI)


This is the measure of human development using four items:-
- Life expectancy at birth
- Adult literacy
- Average years of schooling
- Purchasing power of persons aged 25 and above expressed in dollars
If the country has a life expectancy at birth, a high adult literacy levels and a high average
years of schooling and purchasing power per person. It is said to have a high level of development

132
Civic Education Notes

4. Per Capita Income


It is the GNP of the country divided by the total population. This does not take into account
income distribution disparities.
Per Capital Income = GNP
Total population

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.

Absolute poverty is a condition of life so limited by malnutrition, illiteracy disease squalid


surroundings, high infant mortality rate and low life expectancy as to be beneath any reasonable
definition of human decency.

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.

HUMAN POVERTY INDEX. (HPI)


HPI was developed by the United Nations Development Programme, measures poverty in terms of
deprivation of the following areas:
 Deprivation of a long life and healthy life measured by life expectancy of about 40
years
 Deprivation of knowledge measured by illiteracy.
 Deprivation in economic provision measured by the percentage of the population
lacking access to health services and safe drinking water and adequate nutrition.

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

133
Civic Education Notes

Copper belt province 6 5 4 7


E a s t e r n p r o v i n c e 8 0 6 6
L u a p u l a p r o v i n c e 8 1 6 9
L u s a k a p r o v i n c e 5 2 3 4
N o r t h e r n p r o v i n c e 8 1 6 7
North – western province 7 6 6 3
S o u t h e r n p r o v i n c e 7 6 6 0
W e s t e r n p r o v i n c e 8 9 7 8

The poorest province in Zambia is Western Province with 89% followed by Luapula and Northern
Provinces with 81%.

CHARACTERISTICS OF POVERTY

1. Personal and Physical Status


- Has no food or does not eat well
- Lack access to education
- Lack access to adequate shelter
- Lack of access to health care
- Poor clothing

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.

CAUSES OF POVERTY IN ZAMBIA


According to world ranking Zambia is ranked as the second poorest nation in the world.
The causes of poor economic performance can be broadly divided into internal and external
factors:

- 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.

Changes in Agriculture Policies


There were negative agricultural policies between 1992 and 2001. Some of the negative policy
changes included the removal of the system in which farmers were offered fertilizer on a pay back
basisand the liberalization of the markets for the agricultural produce. During the first Republic,
surplus produce was purchased by a government at a price this guaranteed farmers an adequate

134
Civic Education Notes

return on their investments. Presently, government is no longer providing inputs or a guaranteed


market for the produce. The agricultural sector of the economy is characterized by
- Inconsistent agricultural policies
- Late arrival of agricultural inputs
- Expensive agricultural inputs and implements
- Inadequate storage facilities
- Insufficient extension services and market information.
- Endemic livestock diseases
- Poor road infrastructure especially in rural areas.

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,

Morbidity and mortality


Morbidity means increase in illnesses. At National Level economic growth is affected by the high
incidence of HIV/AIDS which has led to loss of human resource through death and loss of man
power due to sickness.

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.

Low payLow pay is actually a major cause of poverty.

Conflict
When there is conflict in a society, less time is spent on economic activities. Hence there is no time
to create wealth.

Gender inequality in economic activities.


The participation of women in economic development is very low. Most women have no access to
loans and land, and other means of production.

Poor Work culture


When people have a negative attitude towards work and lack initiative this can lead to poverty

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

135
Civic Education Notes

- Increase in corruption and vandalism


- Increase in dependency syndrome
- Low life expectancy due to low standard of living and other factors
- Increase in prostitution {commercial sex}
- Lack of access to basic needs like food, shelter, clean water, education and health facilities
- Breakdown of the extended family system
- Depletion of natural resources due to more people exploiting the same inadequate
resources
- Increase in child labour

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

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.

136
Civic Education Notes

ENVIRONMENTAL EDUCATION
Environment:-refers to surroundings and the things found in them both physical and cultural
which differ from place to place

COMPONENTS OF THE ENVIRONMENT

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.

Political Environment Economic Environment


Political Institutions making choices Decision making Economic System
Economic institution s
Rural and Urban landscapes

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

Causes of environmental Degradation

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

137
Civic Education Notes

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.

-Pollutant- is any material that contaminates the environment

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.

-Biodegradable; material that decomposes as a result biological action.

-Non-Biodegradable; Material that does not decompose in the environment.

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.

Resources get depleted in three different ways:

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.

EXAMPLES OF RESOURSE DEPLETION

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.

In temperate regions acid rain is destroying forest due to over pollution


Acid rain- Refers to rainfall, snow or sleet which is more acidic than normal often caused
by sulphur and nitrogen oxides combining with water vapour from exhaust and industrial
chimneys.

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.

- Desertificationis the gradual destruction or reduction of the capacity of some acid


lands for plant and animal production.

3. Fisheries – Rapid increase in global fish harvest has

138
Civic Education Notes

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.

5. CLIMATE CHANGE – Excess of emission of carbon dioxide from burning fuels,


Chlorofluorocarbons (CFC) refrigerators, Aerosol sprays, air conditioners and methane
into the atmosphere is associated with global warming. Increase in global
temperatures could result in the melting the glaciers and rise in Mean sea levels
which in turn can cause flooding in coastal regions.
This gas contributes the destruction of ozone layer which filters harmful ultraviolet
rays from the sun.

7. WAR – War and preparation of war leads to population


And depletion of resources for more than any single piece time activity, in addition, the
potential for a nuclear war places human civilization and life at great risk.

Major Environmental Issues in Zambia

The National Environmental Action Plan (NEAP), has identified the following major environment
concerns in Zambia.
 Deforestation
 Wildlife depletion
 Land degradation
 Inadequate sanitation

Deforestation- is the removal of tree cover from an area.

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.

 Re-afforest- is to plant trees in areas that have been deforested.

 Afforestation- refers to planting of trees in areas that did not have tree cover before

Benefits of Re-afforestation and afforestation

 Assured supply of charcoal and fuel wood


 Sustainable supply of building and fencing timber
 Protection of soil from agents of erosion
 Plant leaves can be used as folder by livestock
 Some plants fix nitrogen in the soil
 Some plants provide fruits and herbs for medicinal use
 Collection of Mushrooms, caterpillars, nuts and money

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.

139
Civic Education Notes

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.

-Ranch- is a farm where cattle are reared.

-Introduction of community based wildlife management.

-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;

140
Civic Education Notes

- 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

- Waste is also referred to as garbage, refuse or litter

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.

Institutions that Promote Environmental Management in Zambia

I n s t i t u t i o n M a i n R o l e s

En vi ron ment cou ncil of Zambia ECZ  Environment Protection


 P o l l u t i o n c o n t r o l
 Natural resource Managemen t
M i n i s t r y o f E d u c a t i o n  Implementation of Environmental Education in learning institutions
Ministry of local Government and housing (Councils)  Formation of policy on infrastructure development
 Development of human settlements
Ministry of Environment Tourism and Natural Resource  Formulation of policy on infrastructure development
 Development of human settlements
M i n i s t r y o f L a n d s  Formulati on of polici es on Land
F o r e s t C o m m i s s i o n  Management of the country’s forests

141
Civic Education Notes

Department of Water Affairs  Man agemen t of wat e r Res ou rc e s


National Heritage Conservation Commission.  Identification and management of objects of aesthetic value.
Zambia Wild life Authority (ZAWA)  Man a g em en t of Wi l d l i fe e st at e s
 Ensuring equitable sharing of benefits of Wild life management and conservation

F i s h e r i e s D e p a r t m e n t  Implementation of legislation on the development of the fishing sector


 Regulate Fishing Methods and reinforcing fish ban period between December and March (breeding Period)

The Environmental Council of Zambia

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.

Zambia Wildlife Authority

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 Zambia Forestry Commission

Its responsibilities include:


 Formulation of forest polices;
 Implementation of forest plans;
 Management and control of forest resources
 Carrying out research forests;
 Provision of extension services;
 Afforestation (planning of both exotic and indigenous trees in areas where there were no
forests before)
 Management of forest plantations

Ways to improve Environmental Management.

- 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.

Suggested Legal Actions to Prevent Pollution


-Explosions, accidents, and accidental release of poisonous substances often result in injury. Certain
legal actions should be put in place to punish those responsible for such catastrophes.

-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

142
Civic Education Notes

more is released than the permitted levels, the plant concerned can be fined for violation of air
pollution standards.

Subsidies: Corporations or companies that do not pollute the environment.

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

- Regulate an efficient collection of waste and disposal in designated sites.


- Establishment of recycling plants by all local authorities.
- Compositing of organic waste which can be used as fertilizer.
- Provision of waste bins in business centers and residential areas.
- Strict enforcement of by laws by local authorities regarding public health and
environment protection.
- Identification and classification of waste according to the potential impact on the
environment
- Monitoring and evaluation of contamination at dumpy sites as well as assessment of
environmental impacts on current waste management practices
- Documentation of sources and composition of various wastes as well as vigorous
public awareness campaigns in waste management practices;
- Encourage industries in the country to use cleaner production techniques and
practices.

Principles of Environmentally Friendly Policy


- Any discharge or emission should be regarded as harmful until proven harmless
- Establish limits of pollution that the natural environment can withstand without
permanently damaged. This critical load should not be exceeded.
- All stages of the production process should examined thoroughly with regard to
pollution management and control.
- The natural environment is not free of charge. Industries must be stimulated to take
the environment into consideration in all their operations so as to reduce pollution.
- Poor technical solutions should not be used as an excuse for pollution even when
better technology is available.

International Conventions and Agreements on the Environment.

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:

- Basel Convention on the control of the Transboundary movement of hazardous waste


- Conventions on the Conservation of migratory species of wild animals
- Convention on wet lands (Ramsar convention)
- Convention on the protection of World Cultural and National Heritage
- Conservation on the protection of the ozone layer.

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

143
Civic Education Notes

- 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.

 Biodiversity is also important to maintain ecological balances. The preservation of the


ecosystem diversity ensures continuation of processes that maintain all forms of life in the
environment such as water and nutrient cycles.

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

 Land use, conflict between humans and animals.


 Development of settlements and related activities.
 Pollution
 Deforestation
 Over exploration of resources such as over fishing and game poaching.
 Climatic change such occurrence of frequent droughts
 Lack of biodiversity knowledge by the public.

Management of biodiversity

 In Zambian society, conservation methods of resources were centered on customary laws.


 Indigenous calendar of food production was seasonal. For example; fishing, collection, of
forests products such as caterpillars, honey and mushrooms.
 The culture of totems also prevented indiscriminate hunting of certain wild species, while
some other wildlife were accorded special status such that express permission of the chief
was needed to hunt them.

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

144
Civic Education Notes

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.

Types of Foreign Aid


There are two types of foreign aid: Bilateral and multilateral.
Bilateral Aid- is assistance from one country to another. For example, Zambia receives aid from:
 Swedish International Development Agency (SIDA)
 Japan International Development Agency (JICA)
 Finish international Development Agency (FINNIDA)
 United States Agency for international Development (USAID)
 Irish Aid

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

145
Civic Education Notes

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 role of the World Bank and the IMF.

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.

The International monetary Fund (IMF)


Is a specialized agency of the UN the IMF controls fluctuations in the exchange rates of world
currencies in it lends money to countries facing balance-of-payments deficit

Foreign aid and the development debate


The following are some of the arguments for and against bilateral and multilateral foreign aid;

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.

146
Civic Education Notes

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.

 Gaines a sphere of political and economic influence 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.

Importance of international trade

Uneven Distribution of resources: no nation is endowed with all natural resources essential for the
functioning of a modern industrial economy.

Climatic Differences: climatic conditions in temperate countries like Canada

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

147
Civic Education Notes

particular commodity. In economics this is known as having a comparative cost advantage.

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.

Unfavourable Balance of payments


This occurs when a country receives less foreign currency from its exports, but pays more
foreign currency on its imports. This is known as Balance of payment deficit

Favourable balance of payments

148
Civic Education Notes

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.

The World Trade Organization(WTO)


This is the organization that regulates trade between countries. It is an international body
dealing with the global rules of Trade between nations

Origins of the WTO


The WTO was established in 1995 to replace the General Agreement on Tariffs and Trade
GATT of 1947. The WTO is not a specialized organ of the United Nations but has
cooperation arrangements and works closely with the UN.

Functions of the WTO


 To help trade flow as freely as possible by reducing and eventually eliminating
(trade taxes) and other barriers imposed by various nations
 To set out rules for regulating international trade
 To interpret trade agreements and impartially settle trade disputes between nations
 To organize trade negotiations among its members

Principles of the WTO

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.

Structure of the WTO


It has 146 member countries and its Headquarters are in Geneva Switzerland. The WTO organs
include the Council of Ministers(of Commerce) meets every two years: the General Council; which
meets six times a year; Sector Councils and several committees.

Weaknesses of the WTO


 Decisions made by the WTO are still strongly influenced and guided by the interests of the
developed countries such as the United States and the European Union countries.

 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.

The Debt Crisis


Debt crisis means an increase in indebtedness to a level where the debtor is unable to repay the
debt without defaulting.

Reasons for Debt Crisis


Unfair International trade: Third World countries are often forced to sell raw materials (like copper)
cheaply to international firms, which in turn use raw materials to produce finished goods and make
huge profits. This results in a balance of payments deficit and an increase in debt burden. Since
Third World Countries cannot raise money to repay the debts, the loans are often rescheduled with
higher interest rates the loan has to be repaid.

149
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.

Debt Relief and the Heavily Indebted poor Countries (HIPC)


Initiative

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.

Objectives of the HIPC Initiative:


 Reduce the huge debt burden of the World’s Heavily Indebted Countries to levels were
countries would be able to manage to continue repaying the debts without defaulting in
payments (Sustainable levels)

 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)

HIPC Qualification and Structural Adjustment Programmes (SAPS)


For a country to qualify to this initiative it must successfully implement a number of IMF and World
Bank led monetary reforms and structural Adjustment programes (SAPs). Although conditions vary,
SAPs usually require that a country must:
 Privatise state owned companies’, which is transfer parastatal companies and other
government assets to the private sector, including foreign enterprises.
Lift restrictions on foreign, investment so that profits can easily be externalized
Externalize – take out of the country

 Reduce the tariff barriers (custom duties to encourage imports.


 Float its exchange rates so that they are freely determined by the market.
 Impose restrictive fiscal (financial) and monetary policies
 Remove controls on prices and withdraw subsidies, even on essential commodities.
 Relax labor laws protecting workers and employers.

HIPC Completion point benchmarks


The following are some of the benchmarks Zambia were required to implement in order to attain the
HIPC completion point:

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%

150
Civic Education Notes

- Reform the Basic Education Curriculum to improve literacy, numeracy and


communication skills.

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.

Benefits of the HIPC Initiative


 Debt Relief Funds: Zambia started getting debt relief in January 2001. The relief that came
to Zambia between the Decision point and the completion point are known as “Interim
relief”. This money was mainly spent on poverty Reduction Programmes

 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.

CONCERNS ABOUT THE HIPC INITIATIVE

Reductions in Debt Stock may not occur


This may happen if the cost of imports continues to rise as compared to export earnings. In
addition, the government has continued to borrow money from various sources such as china and
India to meet her development challenges.

Possible misuse of Debt Relief Resources:


There is general concern that the debt relief resources might be misused by some government
officials

Loss of National Sovereignty:


The implementation of the HIPC Initiative has meant that the government is actually implementing
economic policies and reforms imposed by the international donor community. This undermines the
country’s national sovereignty.

Millennium Development Goals (MDGs)


The Millennium Development Goals (MDGs) are eighty global development targets agreed upon by
the World leaders at the United Nations Millennium Summit in 2000. The Summits Millennium
Declaration binds all the 189 UN member states to achieve these eight goals by the year 2015.

151
Civic Education Notes

The following are the eight MDGs


1. Eradicate Extreme Poverty and Hunger: By 2015 reduce by half the proportion of people
living on one US dollar a day and those who suffer from hunger.

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

4. Reduce Child Mortality: by 2015 reduce the mortality rate among

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.

7. Ensure Environmental Sustainability: By 2015 integrate the principles of sustainable


development into country policies and Programmes and reverse the loss of environmental
resources, e.g. forests. By 2015 reduce by half the proportion of people without access to
safe drinking water.

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.

152

You might also like