2018 Civic Education Study Kit - Second Edition Final - Kitwe D
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GRADE 10 TOPICS 10.1 CONSTITUTION A constitution is a body of f undamental laws, laws, principles and conventions conven tions according according to which a government of a state operates. It is also refers to the system of laws, customs and principles usually written down, according to which a country or organisation organisation is go governed. verned. It is the supreme supreme law of the land to which all other laws of a country are subordinate.
10.1.1 Desonly cribe cribetwo type typtypes e s ofof constituti con on namely; There are costitution constitu nstitution tion
(a) Written constitution- is a constitution whose provisions or contents are embodied or documented in a single formal document. Merits It is clear and definite definite peop peoplle can read understand understand the structure and a nd functi function onss of each ea ch organ organ of go governm vernment ent it is drawn up with great care and deliberations It cannot ca nnot be easil ea sily y mani ma nipul pulate ate d to suit populace populace emotions emotions It aff affords ords protection protec tion to individua individuals ls and guarantee guara nteess people‟s rights. Demerits It creates crea tes lacunae. A lacunae in Latin is a gap in in the law. It may may leave out some some important important aspects aspec ts uncovered. uncovered. It tends to compress into one document all a ll the idea ideass and pol politi itica ca l princi principles ples of a nation. difficult fficult to amend when whe n rigidi rigiditt y and conservatism conserva tism are carried car ried too far. It is di The power of interpretation is vested in the Judiciary and where it is not independent the power may be mani manipulated pulated by jud judges. ges. (b) Unwritten constitution- is a constitution whose provisions are not found in a single document but in a collec coll ection tion of documents. Merits It is flexible flexible and adaptable ada ptable to the changing condi c onditions tions of a dynamic dynamic society soc iety It can be bent in in order to meet emergencies without without breaking breaking its framework. It satisfies satisfies popul popular ar and demands. demands. Demerits existe nce in mul multiple tiple documents makes it di difficult fficult to be mas master tered. ed. Its existence It can be unstable and in a state of flux since it provides no guarantee of permanence may easily be amended or bent to suit the interests of a government. Note: written writte n or unwritten unwritten constitution constitutio n ca can n either be flexibl flexiblee or rigid rigid constituti c onstitution. on. Forms of constitution constitution (a) Flexible constitution is a constitution whose provisions are easy to amend, example is the Zambian constitution. Merits Merits It is elastic and adaptable to change to meet new emergencies, circumstances and changing needs of society. It allows allows some constitutiona constitutio nall demands to be conveniently convenient ly postponed or brought forwa rd. Demerits
It may cause political instability since it can be changed by those in power to satisfy their interests
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Frequent amendments may create uncertainty and people may lose confidence in the constitution
It can be changed even when change is not necessary
(b) Rigid Constitution is one that is difficult to amend. It can only be amended by a special body and special procedure. Such bodies include Constituent Assembly (CA), (CA) , National Constitutional Conference (NCC) (NCC) and the Refe the Referendum rendum (Plebiscite). (Plebiscite) . Merit
It prevents rush and hasty amendments
It is relatively permanent perma nent and a nd sta stabl blee
It is free fre e from dangers of changes re resulti sulting ng from popular popular passio pass ions ns and revolution revolution
It avoids mani ma nipul pulat at io ion n by those in power
Demerits
It may cause delay when there is an urgent need to amend the constitution to suit the changing needs of society
Its amendments can be delayed indefinitely thereby leading to frustrations and revolts in society.
10.1. 10 .1.2 2 Explain the main parts parts of the Zambia Zambian n co const nstitution. itution. PARTS OF THE ZAMBIAN CONSTITUTION CONSTITUTION
PART TITLE 1 National sovereig National sovereignty nty and state. 2 Citizenship
3
4
5
6
7
CONTENT Declaratio Dec laration n of Zambia Zambia as a sovereign state. Deals with the qualifications for Zambian citizenship and condition which can lead to withdrawal of Zambia citizenship. Protection of the fundamental -Deals with the rights and freedoms of individuals which protected. rights and freedoms of the are protected. individual. -Stating and protection of rights and freedoms of individuals. The Executives Elections, tenure of the office and removal of president from office, functions of president, ministers and deputy ministers, secretary to the cabinet, Attorney general, solicitor soli citor general, gener al, DPP DP P and advisory committee committee.. Legislature Qualifications for election of national assembly, legislative powers, membership of parliament and composition of Na Nation tional al Asse As sembl mbly y. The Judiciary Courts and appointment of judges, High court, Supreme court, chairman and deputy chairman of Industrial Relations court. Defence Defe nce and National National Security The functions of the Zambian Defence force, the Zambia pollice service, po service, the pri prison sonss service service and the Zambi Zambia
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8 9
10
Local Government System. Directive principles of state pollicy and the du po duti ties es of a citizen. Finance
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Service Commissions.
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Human Rights Commission.
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Chiefs and House of Chiefs.
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Miscellaneous
Security intelligence service. Structure Struc ture and a nd functions of local councils. councils. Development of national policies, implementation of national policies, making and enactment of laws and applica appli cation tion of the constitutio constitution n and any other other law. Taxation, withdrawal of monies from general revenue, financial reports, remuneration of officers, public. Commiss Commi ssions ions,, P ension llaw awss and protection protec tion.. It establishes the independence, functions, powers, composition compo sition and procedures. Institutions of Chiefs, House of Chiefs, functions powers composition. Resignations, rere-appointments, concurrent appointment.
constitut ion begins with w ith a preambl prea mblee whi w hich ch is an introduct introduction ion to the the document. document. NOTE: The 1996 constitution 10.1.3 Describe the process of constitution making and adoption. Zambia inherited the Northern Rhodesia Self - government government Constituti Constitution on of 1964 196 4 which favoured the European settlers. This necessitated amendment to the constitution through appointment of a Constitutional Review Commission (CRC). A CRC is a group of people appointed by the president to go round the country to collect views from
the public public in relation with the constitution. Constitution making process in Zambia is initiated by the Executive organ of government. The foll following were the CRC; CRC; Chona CRC - 1972: It was chaired by Mainza Chona Chona. It recommended abolishment of multimulti- party party democracy and a nd introduced ntroduced one party party State. It outlawe outlawed d the exi existenc stencee of oppositio opposition n political political parties. Mvunga CRC -1991: It was chaired by Patrick Mvunga. It recommended rere -introduction of multimulti party democracy democracy.. It includ included ed chil children‟s dren‟s ri righ ghts ts in the con c onsti stituti tution. on. Mwanakatwe CRC -1995: It was chaired by John Mwanakatwe. It recommended amendment to the parentagee clause parentag clause which which stated that on onlly a Zambi Zambian whose whose parents are Zambi Zambian by birth birth qu quali alifi fied ed to contest for presidency. presidency. Mung’omba Mun g’omba CRC -2005: It was chaired by Willa Mung‟omba. It recommended the adoption of the constitution through a Constituent Assembly (CA). It recommended expansion of the Bill of Rights to include Economic, Social and Cultural Rights. It recommended dual citizenship. It recommended the Vice President to be the running mate. It recommended Single Member Majoritarian electoral System for Presidenti Pre sidential al elections. elections. It recom rec ommended mended appointment appointment of Mini Minister sterss from o outsid utsidee Pa Parli rliaa ment etc. etc . Silungwe Silun gwe Technical Committee-2012: It was tasked to prepare the Constitution Amendment Bill based on the previou previouss four four CRCs with with great emphasi emphasiss on recommendati recommendation onss of the Mung‟o Mung‟omb mbaa Commission. It adopted most of the recommendations of the Mung‟omba CRC. Refer to Mung‟omba CRC above. The Technical Committee prepared a draft constitution which was adopted by parliament th and signed by President Edgar C Lungu on 6 January 2016. 2016.
Constitution adoption Constitution adoption means the process of approvin approving g the copy of of a draft constitution. constitution. There are various methods met hods of adopting the constitution const itution,, the most most common model methods are; a re; 1. Through Parliament - the draft constitution is taken to parliament where the members of parliiament debate on the draft before adopti parl adopting ng it. For exampl example, Zamb Zambiia used this this three times times in all the three constitution constitution review commissions. commissions. 2.
Constituent Assembly - (CA)
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This is a body of representatives elected by their respective interest groups to formulate, amend or adopt a const constitution itution of a country.
Representatives are drawn from churches, learning institutions, trade unions and student bodi bo dies. es.
This method is more democratic and more favourable to Zambian citizenry because it is free from government interference.
The adoption adoption of the constitution constitutio n by a CA is more more repres re presenta entative tive than by parli parliament. ament.
3.
Countries such as the United States of America, India, Namibia, Uganda, South Africa, Kenya, and Ethiopia Ethiopia adopted their constitutions constitutio ns through the CA. Referendum
The Draft Draf t constitution is subjected subjecte d to t o the general gener al public public to approve it through a p publ ublic ic vote.
If more than half of the votes cast are in favour of the amendment ( 50%+1), the Constitution would have been adopted and the Republican President will assent the Draft copy to legitimise it.
**The National Constitutional Conference (NCC) -The choosing of the members of Assembly of the NCC is similar similar to that of o f the CA in that th at its members are drawn dr awn f rom various vario us interest inte rest groups but b ut it is a conventional method. The only difference is that the final draft constitution of the NCC has to be adopted by parliament. 10.1.4 Discuss the characteristics characteristics of a good constitu cons titution tion A good constitution const itution should be: be: Clear - language used use d must not be too di difficult fficult for ordinary ordinary citizens citizens must to underst understand. and. Be neither too rigid to prevent change nor too flexible to encourage tempering with the basic princi pri nciples. ples. Be stable and stand the test of time time or must must last for f or a long long period period of time time (Durable). P rotect rotec t and respond to the social, econom ec onomic ic and pol politi itica ca l needs nee ds of citiz citizens ens.. Cat Cater er for the interests intere sts of various various groups in society societ y. Prote Protect ct the rights rights of citi citizens. zens. 10.1.5 Explain the importance of a constitution to a nation . A constitution constitutio n is im important portant becaus bec ausee it; it;- Prote Protects cts and promotes promotes the rule rule of law. Sets out the composition and functions functions of the wings of government. Safeguards guards the fundamenta fundamentall rights and a nd freedoms fre edoms of citizens. citizens. Safe Is owned and guarded by citizens. Ensures democratic governance. Gi Gives ves equal opportunities opportunities for in individua dividuall development. 10.2 GOVERNANCE SYSTEM IN ZAMBIA 10.2.1 Explain governance Governance: means the way people are ruled with or without consent. The two types of governance are good governance and bad governance. 10.2.2 Discuss the characteristics of good and bad governance
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Good governance means a government which is in authority is legitimate, competent, accountable and respects human rights and the rule of law . Bad governa gov ernance nce is gove governan rnance ce by a government gov ernment which is illegitimate, incompetent, unaccountable and does not respect human rights and the rule of law . Dictatorship is a form of bad governance. Below is a table table showing showing character chara cteriistics of good good and bad governance; governance;
1
GOOD GOVERNANCE GOVERNANCE Citizen participation.
BAD GOVERNANCE GOVERNANCE Lack Lac k of citizen citizen participation
2 3 4 5 6 7 8 9 10 11 12 13
Separation of powers Respect Respe ct for human human righ rights ts Independence of judiciary Checks and balances Political tolerance The rule of law Fairness Accoun Acc ountabili tabilitt y and transpare transparency ncy Regular, fre freee and fa fair ir elec election tionss Existencee of pol Existenc politi itica ca l parties Existencee of civi Existenc civill society s ociety Help He lpful ful and a nd ca caring ring
Lack of of separation sepa ration of powers Violat Viol ation ion of human rights r ights Judiciary is not independe independent nt Lack of press freedom Restriction Res triction of pol politi itica ca l ac activi tivities ties Usee of unl Us unlaw awful ful means Arbitrary arrests No accoun ac countabi tabili lity ty or transparency Irregular and unfair elections Lack of freedom of assembl ass embly y and associ ass ociation ation Non--existence of civil society Non Neglect Negl ect of pub publlic welfare, corrup corruptt leadershi eadership p
10.2.3 Analyse different electoral systems practiced world Electora Electoral l systems are methods by which wh ich citizens citizen s use toin choose chthe oose their leaders lea ders or representatives represen tatives.. There are There are four main methods used by different countries around the world. The table below shows four electoral systems. ELECTORAL SYSTEM FEATURES 1 Single Member Plurality System (SMPS) or Candidate who scores the highest wins. wins. First--Past TheFirst The-Post (FPTP) Simple Majority Majority Winner takes all 2 Sin Single gle member Majoritaria Majoritarian n System Syste m (SMMS) Candidate who scores over 50% of the votes cast (50%+1) wins the election. In case there is no absolute winner, an election re re--run (second ballot) is conducted for the top two contenders
3
Proportional Representational System (PRS)
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Use seats a party list according system. Parliamentary are given to what a party has obtained in an election (percentage). A leader of party with highest votes forms government. MPs are not directly elected by the people but are appointed by their res respec pective tive politi politica ca l parties
4
Mixed Member Proportionality System Combination of the FirstFirst-Past TheThe-Post and the (MMPS) Proportional Representation Systems Elections are important because they; they; Obli Oblige ge candi ca ndidate datess to explain explain to the citizens citizens why they should should be elected. electe d. politica ca l parties acc a ccountable ountable to the people. people. Make politi
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Provide a peaceful Provide peace ful transfer transfe r of power. power. Offe Offerr regular regular opp opportuni ortunities ties for people people to change government. government. Provid Providee peace peac e and stability stability necessary neces sary for develop development. ment. Chara Cha racteristics cteristics of e lections in good gove rnan rnance ce 1. Periodic- Elections must be held when they are due and elected officials must return to the electorates at agreed intervals intervals to seek fresh mandate to continue continue in office. office. 2. Competitive- Elections must take place in a conducive political environment where all candidates can compete fairl fa irly y. No vi viol olenc encee is permissible. permissible .
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eligible voterstoshould to vote populati without any discrimination. The definition of a 3. Inclusive voter must All be broad enough e nough include includebeaallowed wide franchise popul ation. on. 4. Decisive - The winning candidate or party should not be prevented from taking office this is because democratic democra tic elections e lections determine det ermine the leadership leader ship of a government. No election elec tion riggi rigging. ng. 10.2.4 10. 2.4 Explain Explain Zambia ambia’’s e lectoral le ctoral s yste m An electoral process is a series of stages of events involved involved in the selection of representatives repre sentatives through through an an election. Note: Under the 2016 Amended Constitution, Zambia uses two electoral systems namely Single Member Maj oritarian oritaria n System Syste m (50%+1) (50% +1) fo forr Presidential elections election s and Single Sing le Member Plurality System Syste m (FTPT (FTPT)) for fo r Ward Councillor, Mayoral and Parliamentary elections.
The fol follo lowing wing are the sta stages ges invol involved ved in the electoral electora l proce process ss of Zambia. Legislation Legislation Delimitation of constituencies, wards/polling districts districts education Voters‟ education Registration tion of voters voters Registra Verificatio erificat ion n of voter voter ‟s roll roll Nom Nomiination nation of cand ca ndiidates dates Election campaigns campaigns Polling day day Counti Counting, ng, tabulating/ verification of the votes votes Announcement of res resul ults ts and declarat dec laratio ion n of winners winners Resolving electionelection-relate related d disputes and complaints complaints The electoral code of conduct is a set of rules and principles that regulates the conduct of all stake holders before, during and after elections. The Electoral Ele ctoral Code Code of o f Conduct: Conduct: (Statutory (Statutory Instrume Instrume nt Number Number 90 9 0 of 2006)
The Electoral Code of Conduct of 2006 is a set of rules and principles that regulates the conduct of all
stake holders holders before, during during and after elections. elections. These stake holders include the Electoral Commission of Zambia, political parties, media institutions, election elec tion monitors monitors,, election elec tion agents, age nts, Zambia Zambia Pol P olice ice and other law enforc enforceme ement nt institutio institutions. ns. According to this code any person taking part in campaigns and elections should ensure that the conditi condi tions ons are conducive conducive for the conduct conduct of free and fair elections. elections. All stakeholders stakeholders should should guarantee rights rights and freedoms freedoms of the el elec ectorate torate and contesta contestants. nts. The code does not allow any form of intimidation, violence, bribery, vote buying, corruption and office inducement as a means of of winni winning ng election elec tions. s. The code also does not allow allow the use of government fac facil iliti ities es and tra transport nsport for campaign purposes. purposes .
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The code mandates the ECZ to establ esta bliish conflict conflict management commi committees ttee s to settle el electora ectorall disputes. disputes. However, the ECZ ECZ has no authority authority to prosec prosecute ute those who w ho vio viollate the electoral code of of conduct. conduct. People who violate the code of conduct can only be prosecuted by law enforcement institutions such as the Police Police and Anti-Corruption Anti-Corruption Commission. Commission.
TYPES OF ELECTIONS
1.
Primary Elections - These are held whenever a political party wants to choose candidates to sta stand nd in presid pres identia ential, l, parli pa rliamenta amentary ry and local gover government nment elections. e lections.
2.
ByBy-Elections - These are held when a Mayor (Council Chairperson), councillor or Member of Parliament:-- Parliament:
Dies
Resigns from his or her position.
Expelled Expell ed from the party.
Imprisoned for more than six months. months.
3.
General elections -These are held every five years to elect the President, Member of
Parli Pa rliament, ament,
Mayor (Council Chairperson) Chairpers on) and wa ward rd councillors.
Note : In parliamenta parliamentary ry or local loc al govern go vernment ment elections election s a cand c andidate idate can c an eeither ither be b e sponso sp onsored red by a political party or stand as an independ indep endent ent candidate can didate.. For presidential presidentia l election a candidate can didate must belon belong g to a political party. p arty. 10.2.5 Des cri cribe be th thee local govern gove rnment ment syste m in Zam Zambi bia a Local government before independence was ruled by the British Colonial Administration through the central government and native authorities authorities.. The native native fell fe ll under the ministry ministry of native af affairs. fairs. The native native authorities authorities consisted of chiefs chiefs and other other traditio traditiona nall leaders The duties duties performed performe d by natives included included the; Collec ection tion of taxes. taxe s. Coll
Iss Issui uing ng performed lice license nse such as dog, storefunctions and bi bicyc cycle le li lice censes . ng civil Chiefs perf ormed some s ome judicial judicial such asnses. handling handli civil cas c ases es at loca locall courts. courts . After 1964 the ministry of local government became responsible for the administration of all local authorities in the country. country. In 1965, a uniform pattern of local authorities throughout the country was established under act number numb er 69 and there we were re city city,, municipa municipal, l, townshi towns hip p and rural councils. councils. Then in 1980, the local government decentralization act was enacted. The act allowed UNIP to take up full responsibility responsibilit y to control the operation opera tionss of all councils councils in Zambia. It was at this point when, District Governors appointed by the president took over from the mayors and chairpersons cha irpersons and all councils councils in the country became bec ame distr district ict councils. Reasons Reaso ns for the the 1980 dece ntral ntralisation isation we we re; Reduce delays as a s most most decisions decisions could could be made made on the spot instea instead d of referring to headquarters. headquart ers.
Make plans and programmes programmes more relevant re levant to loca locall needs and conditions.
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Improve coco-ordi ordination nation between betwee n di differe fferent nt government agencies in in the are area. a.
Reducee the burden of senior Reduc senior sta staff ff at national level in in order to im improve prove their performance perf ormance..
The district council administration was headed by the district executive secretary and supported by secretaries.
In 1991, the decentralisation Act was amended and it introduced three types of local councils, these were; City, municipal and district councils. Town Clerks and Mayors are found in City and Mun Municipal icipal Councils while Council Secretary and Council Chairpersons are found in District councils. councils.
This has continued to present. The MMD government wanted to give more powers to the councils so that there was less less dependence de pendence on central centra l government government for funds. funds.
And this made made the councils councils to operate opera te freely free ly without interfere interf erence nce from fr om pol politi itica ca l parties parties.. Functions of local councils are;
Providing Provid ing clean and safe water.
P roviding roviding acc a ccommo ommodation dation and pl plots ots for deve develo lopment. pment.
Maintaining the environme environme nt.
Collecting levies.
Making byby-laws.
Providing education facilities and control epidemics such as cholera.
Awarding trading license to people.
Sewage disposal.
P roviding roviding str stree eett li lighting. ghting.
Maintaining Main taining streets stre ets and roads.
Maintaining graveyards.
Controlling livestock movements.
Constructing and maintaining markets.
Town planning.
P roviding roviding rec r ecre reation ation facil fac iliti ities es such suc h as swimming swimming pools pools and a nd parks. parks .
10.2.6 Discuss the role of traditional leaders in governance House of chiefs is a forum throug through h which tra tradi dition tionaa l leaders lea ders participate pa rticipate in governance. governanc e. There are 30 chiefs in the house of chiefs. Each of the ten provinces elects three chiefs that represent them in the house.
Term after of these elected chiefs but a member can be rere -elected for second term of three years afte r which which he/she is notis allo althree lowed wed years, to be re re-elected.
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The hou house se el e lect ectss its chairpers chairperson on and vice vice chairp c hairperson erson from among among the members. members. The clerk of the house house and other other staffs s taffs carry ca rry out the admini administra strati tive ve duties duties of the house.
Functions of the house of chiefs include; include; Discus Discusss bill billss aff affec ecting ting customs cust oms and tra tradi ditions. tions. Debate and pass decisions decisions on matters concerni c oncerning ng customary laws and customs. All Alloca ocating ting pl plots ots under under customary cust omary law. Participating in development projects in their area. To discuss and decide on any matters referred to it
by thenalpresident presi dent –y.submi subm it the resoluti resolution onss of the ho house use to the presi president dent who in turn subm submiits them to the National Natio Assembly Assembl Problems faced by the house of chiefs ; It has has no real re al in influ fluence ence on issues of governance and development. development. Plays an insignificant advisory role, as all its resolutions has to be debated upon by the National Assembly. Chiefs are a re not not allo allowe wed d tto o joi join n a politi politica ca l party like like Members of Parli Pa rliament. ament. 10.3 10. 3 CITIZENSHIP CITIZENSHIP 10.3.1 Explain the concept citizenship citizenship
Citizenship is a state of belonging to a particular country. Or it is the relationship between an individual (citizen) and the state he/she belongs to. The concept conce pt of citizens citizenshi hip p origi originate nate d from Greece Gree ce.. A citizen is a member of state who enjoys all fundamental rights and privileges granted to him or her by the State and in turn perform hi hiss or her du duti ties es towards the state. A citi citizen zen shoul should d show loy oyalt alty y and all allegiance egiance to the State. The two aspects of citizenship are ; 1. Legal aspects A citizen citizen is rec recogni ognise sed d by law and rec receives eives protection protec tion from the State Stat e both at home and abroad. abroad.
A citizen citizen enjoys total tota l freedoms free doms and rights. rights.
Failure Failu re to obser observe ve the law, law, an individua individuall is li liable able for prosecutio prosec ution. n.
2. Moral aspect
A citizen citizen must have a se sense nse of res responsib ponsibility ility to fulfil fulfil all duties duties given given to him him or her by the State. Stat e.
Moral aspect aspec t also encourages a citiz citizen en to be self -di discipline scipline d and have self self -control.
He/she He/s he must must be good good and honou honourable rable sense to the state/famil state /family y he/she belo belongs ngs to.
There are two types of citizenship namely:namely: 1. Natural citizenship This is the type or kind of citizenship that is acquired by blood (descent) or place of birth.
There are a re two rules rules that guide guide natural citizenship; citizenship;
(i)
rule considers citizens citizenship hip based base d on blood blood relation r elation or descent. desc ent. Rule of Jus Sanguinis : This rule
A child child in inherits herits the citizensh citizenship ip of his/her his/her parents pa rents regardless rega rdless of where that child child is born.
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(ii)
Most countries follow follow this rule rule including including Zambia. Rule of Jus Soli: Considers citizens citizenship hip based base d on the plac placee of birth. birth.
A person acqui a cquires res a citizenship citizenship of a country country he/she is born.
For example example a person pers on born in in Zambia from Zimbabwea Zimbabwean n parents pare nts is is a Zambian.
Note: Countries that acknowledge both Jus Soli and Jus Sanguinis, minors result in having dual citizenship
which Zambia according ac cording the 2016 Amended Constitution rec recogni ogniss es es
2. Naturalized citizenship This is the type of citizenship that is acquired upon meeting prescribed conditions or by registration. These principl principles es are: are :i. Rule of residence - states that an alien who lives in a host country for an uninterrupted period of time may apply to become a citizen of that country if he/she wishes so. For example, an alien who has liv lived ed in Zambia Zambia for ten years yea rs can apply for f or citizenship. citizenship. ii. ii. Marriage - allows a spouse to acquire citizenship of the wife or husband, but a host country can demand the evidence evidence of good charac cha racter ter before issuing citizens citizenship. hip. iii. Principle of declaration on a prescribed form - allows a foreigner or alien to fill in a prescribed application forms and provide important documents declaring that he/she wants to apply for citizensh citiz enship ip in the host host country. country. An alien must publish publish his/he his/herr dec declarat laratio ion n in the daily daily newspape new spaper. r. iv. Renunciation of previous citizenship- an alien is required to give up his/her previous citizenship and take an oath of allegiance of the host country, also known as expatriation. However, a naturali natura lise sed d citizen citizen ca can n either be partial or complete complete.. (a) Partial citizenship- is a type where a citizen does not enjoy all the rights and privileges of the country. For exampl exa mple, e, he/she he/s he has no right to vote. (b) Complete citizenship- is a type which allows a citizen to enjoy all the rights and privileges in the state. 10.3. 10 .3.2 2 State State the qualifications qualifications of o f a Za Zambia mbian n citizen citize n The 2016 Amended Constitution C onstitution outlines outlines the following following qualificat qualificat ions; ions ; A person pers on was wa s born born in in Zambi Za mbiaa (citizen by birth). birth). A person who w ho has has at lea least st one or both parents that are a re Zambian Zambian (by desc descent). ent).
A person who has been ordinarily a resident of Zambia as a foreigner for a continued period of not less than 10 years, yea rs, can apply for Zambian citi c itizensh zenship. ip. An alien alien who is is or was married a Zambian Zambian for a period period of at leas leastt five years yea rs A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption
Los s of Zambia Zambian n Citizenship Citize nship A natura naturali lise sed d citi c itizen zen shall s hall lose Zambian citi c itizenship zenship if; citizenship was acquired by means means of fraud, That citizenship That citiz citizenship enship was acquired acquired through through fal fa lse representation repre sentation or conceal concea lment of material fac factt 10.3.3 Des cri cribe be the qu qual alities ities of a good citize citize n. n. Live up to democratic democra tic principles principles such suc h as votin voting g honestly. honestly. Be able to contribute towards national development . Self -control- res restra train in oneself onese lf from doin doing g bad things. things.
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Conscience- sense of respon Conscienceres ponsib sibil iliit y and service towards the communi communitt y. Patriotism Patriotism-- involves sense of love (loyalty) to a state by observing the values and principles of one‟s country. Empathy Empathy-- concern or com compassion passion for the wellwell- being being of others especial e speciallly the vulnerabl vulnerablee in society. society. Perseverance- willingness willingness to att attempt empt severa se verall times in order to ac accompli complish sh intende intended d goals.
10.3.4 Identify the factors that hinder citizenship. oftengood makes some citizens engage in antianti-social activities such as theft, i. Poverty - Poverty cheating che ating and voter apathy apa thy.. A poor citizen citizen may not participate in national issues. issues .
ii. ii.
Ignorance -An ignorant person often fails to differentiate between wrong and right and this prevents prev ents such citizen citizenss from making making full full contri contribu bution tion to nati nation onal al develop developmen ment. t.
iii.
Self -interest- An individual who is motivated by self self -interest avoids public responsibility or simply simpl y ig ignores nores the general gener al welfare welfa re of his/her society soc iety..
iv.
Defects in the electoral system- If a large section of the citizens have no confidence in the electoral system, it can make make them lose in intere terest st in the affairs affa irs of a state.
v.
Misinformation by the media- The print and electronic media such as newspapers, radio, television and internet may twist the truth and misinform the public to such an extent that citizens citi zens are not able able to assess ass ess issues knowledgeably knowledgeably and correctly. correctly.
10.3. 5. Explain the rights and freedoms of a citizen Rights are entitlements of an individual by virtue of being human. These are divided into three categories. (a) Natural rights - these are rights that are enjoyed by individuals in the state of nature. For exampl exa mple, e, Right Right to li life. fe.
(b)
Moral rights - these are rights acknowledged by the moral sense of the people, they exist due to custom, long usage us age and a nd the str strength ength of public public opini opinion. on.
No legal action action can be taken against against vi viol olatio ation n of moral moral righ rights ts bu butt the way peop peoplle feel about about them is so strong. Legal rights - these are privileges given by the government of a nation and guaranteed by it and legal rights are recognised by states.
(c)
They are justiciable. These rights are enshrined in the laws of a nation. The three kinds of legal rights are; i.
Civil rights
Rights Rig hts to personal safety safe ty and freedom. freedom.
Right to famil fa mily y li life fe..
Right Rig ht to free freedom dom of speech speec h and expression. expression.
Right to assembly and association. association.
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Right to property. property.
Freedom of conscience and religion. religion.
*Right to education is not a legal right in Zambia because it is non - justiciable justiciable since it is not not found found in the Bill of Rights. Rights. It It falls under Economic, Economic, Social Social and Cultural rights. rig hts. ii. Political rights - these are rights that ensure that every person is given an opportunity to take part in the affairs of a state. Democracy can only be possible by the active participation and cooperation of all citizens. Other politi pol tica ca l ri righ ghts ts are;
Right to vote.
Rightt to belong Righ belong to a pol politi itica ca l party.
Rightt to be Righ be voted into publ public ic office.
Rightt to petition in order to register Righ registe r grievance either individua individua lly or coll collec ectively tively..
Rightt tto Righ o criticize government.
iii. Economic rights rights Right to work
Right to adequate wages.
Right to reasonable hours of work.
10.3.6 Explain the duties and responsibilities of a citizen. The 2016 2016 Amended constitution const itution of Zambia Zambia outlines outlines the duties duties of a Zambian citi c itizen zen as follo follows ws;; Gene ra rall duties an and d re re s ponsibilities of a Zambia ambian n citizen loyal to Zambian Zambian and promote promote its well we ll-- being being.. Be patriotic and loyal Contribu Contribute te to the wellwell- being being of the commun community ity here the ci c itizen tizen lives. Promote democracy and rule of law. Fosterr national national unity unity and li live ve in harmony with others. Foste Vote in in national and loca locall g government overnment election elec tions. s. Providee defence and mil military service when called called upon. upon. Provid Car Carry ry out with disc discip ipline line and honest honesty y llega egall public public functions. Pa Pay y all taxes and dues dues legally legally due to the the state. state . Assiist in enforcement enforce ment of laws at all times. times. Ass
Personal responsibilities of the citizen include the following;
Taking Taki ng care ca re of one self. se lf.
Supporting Supporti ng ones famil fa mily y.
Adhering to morals, morals, prin pr inciples ciples and values values of one‟s society. society.
Respecting the rights and interests of others.
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Civic responsibilities or duties of a citizen include the following;
Obey the law
Paying taxes.
Respecting the rights of others.
Being concerned conce rned about publi publicc issues. issues .
P art articip icipate ate in civic civic ac activi tivities ties such as voting. voting.
Performing public service.
Observing Obse rving and a nd maintaining the se security curity of the nation. nation.
10.3.7 Identify groups of people and citizens with special needs These are people people that need special attentio a ttention n and a nd treatment. trea tment. Examples Examples of peopl peoplee with w ith spec speciial needs are; are; i. Refugees - these are people who leave their countries to seek safety and freedom in another country. The countries where refugees are found are known as countries of Asylum. The commission for ref refugees ugees looks looks in into to the plig plight ht of re refugee fugees. s. ii ii.. Persons with disabilities - they should be given employment, education and shelter without di disc scriminati riminating ng them so that they lead normal normal lives. lives. iii. The aged- those who are sixty five (65) years old and above (senior citizens) need love, care and security. iv. Orphans - children without parents need care and support by providing basic needs for them. If no support is given given they t hey end up up being stree str eett ki kids. ds. Government should offer offe r social sec s ecurity urity to thes these. e. v. Unemployed youths - a large number of youths have no employment that resort to crime and prosti pro stituti tution, on, as wel we ll as a s being being street kids. kids. The youths youths need skil skills to enabl enablee them for employ employment. ment. 10.4 HUMAN RIGHTS RIGHTS 10.4.1 Describe human rights Human rights are ar e legal entitlements entitlements that a person pers on has by by virtue of being being human. Earlie Ear liest st documents proclaiming proclaiming Human Human Rights (a) The Magna Carter of 1215
(b)
Charter of Mande of 1222 1222 (Oath Of Mande)
(c)
English Engli sh Bill of Rights of 1689
(d)
The French Frenc h Declaration Declar ation on the Rights of man man and citizen citizen of 1789
(e)
The USA Constitution Constituti on and Bill Bill of Rights of 1791
Charter of Mande of 1222 (Oath Of Mande)
It was the earliest document in Africa where human rights were guaranteed by Soundiata Keita Mande (Kin (K ing g of Mali). Mali).
He named the document document the Charter Charte r of Mande Mande at his his coron c oronation ation..
The document was written by elders, wise men and associations of the country commissioned by the king king to draw up princi principles ples on how Malian Malian empi empire shoul should be ruled. ruled.
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The introductio introduction n of the document stre s tress ssed ed much on equality equality of human beings as follows; follows;
“Every human life is li life fe”. ”. For this this reas re ason on nobody nobody should torment t orment another anothe r human bein be ing. g.
The charter also addressed two evils: hunger and slavery as followsfollows- “hunger and slavery is not a good good thi thing.” ng.” He considered considered these evils evils as worse calamities. calamities.
In short the Charte Charterr condemned slavery s lavery and a nd promise promised d to er eradicat adicatee all forms of hunger.
these documents were not universal in nature for they excluded women, children, However, slave and persons pers ons of ce certa rtain in social, soc ial, reli re ligi gious ous,, ec econom onomic ic and politica politica l groups.
The United Nations Universal Unive rsal Declara Declaration tion of Human Rights (UDHR) of 1948 194 8
After the United Nations member states promised to respect human rights, a commission on human rights was w as formed to promote promote the promise promise..
The commission was assigned to draft a document putting in writing the meaning of fundamental rights and freedom that had been declared in the Charter. The chair of the commission was Eleanor Roosevelt, the wife of president Franklin Delano Roosevelt, president presi dent of US that ti time. me.
The commission came up with the universal declaration of human rights which was adopted th on 10 December, 1948.
The UDHR is a set of principles by which United Nations members commit themselves to provi pro vide de all peop peoplle of the the world world with with hu human man di dign gniity.
Human Rights empower people to take action when and wherever the set standards are not met even if the laws of their country or leaders do not not recognise recognise them.
The introduction of the UDHR states that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human life is foundation of freedom, justice and peace in the world. world.
The UDHR emphasised emphasise d on freedom fre edom and justice justice for all all people people tthrougho hroughout ut the country. country.
10.4.2 Discuss the characteristics of Human Rights Human rights are inherent
(a)
Meaning they are inborn and are our birth rite, we are born with them. They cannot be transferred from one person to another.
They are natural and permanent part of human beings until one dies, it does not matter whether whet her one knows knows them or not, not, they t hey still still exist and cannot be bought. bought.
(b)
Human Rights are inalienable or inseparable
Human rights rights cannot be separated separa ted or taken away aw ay or or given given away awa y even when they are vi viol olated. ated.
Human rights cannot be grabbed even if the owner is not aware of them because they are natural and legal (lawful) claims.
(c)
Human Rights are universal
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(d)
All human beings enjoy these rights worldwide. Universal means they are followed and apply to all people in the world regardless of race, sex, ethnicity, religion, social political or nationality. Human Rights are InterInter-depe nda ndant, nt, inte rre rre lated and Indivis Indivisible ible
Human rights rights are equally equally important important and ca cannot nnot be be divid divided ed,, subtra subtracte cted d or removed from others. others .
All rights rights should be enjoyed in totali tota lity. ty.
For example, one cannot be denied the right to food, clothes, medical care or shelter then be granted only the right to life.
The right to life life is depe dependant ndant and a nd related to the right to food, clothes and so on.
If a person is denied the right to education, that person is likely to never fulfil his/her potential and earn a decent living.
This means rights depend on eac each h other to t o be fulfilled fulfilled and enjo enjoyed yed in full. full.
10.4.3 Explain the categories of human rights These rights were classified into three categories and these categories are known as „generations.‟ The generations gener ations are put put according ac cording to their historica historicall developm de velopmen entt of human rights. rights.
1. Civil and political rights - called first generation‟s rights because they were the first to be recognised. These rights stress the freedom of the individual and urges government not to interfere in the life of an individual. In the 1996 constitution of Zambia, civil and political rights are found in part III and they include; Right to life
Right to personal liberty
Protectio Protec tion n from slavery or forced labour labour
Freedom Free dom from torture and in inhuman human trea t reatments tments
Freedom of opinion
Freedom Free dom of express expre ssion ion,, ass a ssembly embly and as assoc sociatio iation n
Freedom of movement
Protectio Protec tion n of freedom of of conscience
Protec Pr otection tion from discrimi discrimina natt ion on grounds of ra race ce,, age, age , se sex, x, religi religion on and many others.
2. Economic, social and cultural rights - these are also known as second generation rights. They bring about social justice, dignity and equality when government creates good conditions to allow the enjoyment enjoym ent of these thes e rights. rights. This category ca tegory includes; includes;
Rights to food
Employment
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Social security
Education
Health (medical care)
Clean environment
Development and
Adequate housing.
3. Collective Rights or Solidarity rights – these are also called as the third generation rights and are the most recently identified rights. Collective rights refer to those rights of people to be protected from attacks on their group interest and identity. The most important collective right is the right to self self determination. Collective rights include;
Right to self -determination,
Economic and social development,
A health environment,
Natural resour re sources, ces,
Participation Pa rticipation in cultural heritage and a nd right to inter -gener generati ationa onall equi e quity ty and sust sustainability. ainability.
*These rights though they are not legally binding they create a framework for the enjoyment of all other rights. 10. 4.4 Ide ntify 10.4.4 ntify the the way ayss in which which Human Human Rights ar aree violated violate d There are many people in our society whose rights have been violated. The following are examples of violations of human rights; rights; Corporal punishment - a child who is beaten with a stick for committing an offense, e.g. breaking school rules. Child abuse – the ill ill treatment of a chil child which which can take the form of physical physical or mental mental abuse. giving g of a child child work that is dangerous to the child. child. Child labourlabour-is the givin Human trafficking - this is illegal transportation and selling of children within or outside a country for prostitution, prostitution, pornography, forced forc ed labour, labour, crime c rime and so on. Gender based violence - is physical or emotional force involving males and females in which the females are usually victims. Forced marriages - this is when girls are forced by their parents to get married. Mostly girls are dropped out from f rom sc school hool just just to get in into to marriage for the intere interest st of their parents. parents . Arbitrary arrests -this is when people are arrested for wrong reasons or falsely. 10.4.5 Discuss the significance of human rights Human rights focus on the dignity of the human being. Dignity is honour, importance self self -esteem and respect that a human being is entitled to. Thus, each individual needs to develop certain attitudes to promote human rights. These are; are; Respec pectt for everyone‟s life life,, their physica physicall aand nd mental integrity, freedom, fre edom, propert property y and a nd privac privacy y. Res Taking up responsibility in societysociety- for rights come with responsibilities especially that of respecting
other people‟s rights.
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Respecting other people‟s rights for they are protected by law and guaranteed by international standards. Recognising accountability and responsibility in the relationship between the individual, institution or state that has a duty to fulfil the rights called „the duty bearer‟ and the other person with rights called „the rights holder.‟ The duty bearer is accountable and has to make sure rights are respected, protected and fulfill fulfilled. ed. The rights holder holder has the duty to res respec pectt and not not violate violate the rights rights of others others.. Rights holders have to be empowered so as to claim and take part in public decision making. Empowerment includes includes gi givin ving g knowledge knowledge and skills skills they nee need d to make claims claims of their rights.
articip icipation ation of both both sexes se xes and all ages in in an im important portant human right right in every area are a of their lives. lives. P art
10.5 CORRUPTION CORRUPTION 10.5.1 Des cribe cribe corr corrup uption tion Corruption is the giving of money, valuables or rendering of a service to someone in return for a favour. It involves the abuse of public office and public resources for personal gain. 10.5.2 Discuss ty types pes of corrup corruption tion Five forms of corruption corruption Payment in k ind Cash payments and receipt Commissions Kick back bac k Loans and advanc adv ances es Three Categories (types) of corruption Petty corruption- this involves small payments. These payments are called bribes, commonly known as nchekelako (ndishamo) or give me a share as well. It is the widely practiced corruption at road blocks. blocks. Grand corruption- this involves huge amounts of money. It is usually practiced by high ranking officials or institutions. For example, payment made for favours in awarding government contracts, publ pu bliic appoi appointme ntme nts or pri privati vatization zation of gov governm ernment ent owned owned by assets asse ts or com c ompani panies. es. Political corruption- this type of corruption is associated with the electoral process. It is usually practiced practi ced by those those contestin contesting g for poli politi tica ca l po power, wer, for exampl example; e; i. Donation of money to in influence fluence the voter‟s voter ‟s choice.
ii. ii.
Cash Cas h or mate material rial distr distrib ibuti ution on to in influence fluence voters during election elec tion period.
iii.
Provi Pr ovision sion of beer bee r to in influence fluence voter‟s voter ‟s choice.
iv.
Provision of services such as electricity, water supply and road maintenance at a time of election.
10.5.3 Explain the causes of corruption They are grouped into two main categories, these are; are; 1. Social causes - such as Leaders in key positions are not capable of inspiring and influencing conduct of the highest moral standards.
Personal greedy and dishonesty
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Weak enforcement or absence absenc e of code of conduct. conduct.
Punishment Puni shment for offenders offenders is weak. wea k.
High poverty levels
Large num numbers bers of peopl people compete for insuffici insufficient ent services like like few fe w school school places. places .
2. Econom Economic ic cause s
Shortage of goods and services.
Unequal distribu distributt ion of weal wea lth and resources. resource s.
Allocation of government loans and giving of tenders to some preferred individuals at the exclu exc lusion sion of others. others .
Low salaries sa laries and wages wage s in in comparison c omparison to the cost cos t of liv livin ing. g.
3. Other causes of corruption and related crimes are; Unnecessary long procedures (red(red -tape) tape)-- some procedures that officers are expected to follow in work places may take too long making officers to take advantage of such delays to demand kick - backs backs for fast action. Lack of political willgovernment lack pol politi itica ca l will will to dea deall with with corruption. will- some government Lack of transparency and association- if the government lacks checks and balances, there is mismana mismanagemen gementt and mi misuse suse of public public funds. Abuse of power- when there is too much concentration of power in the hands of an individual, he/she may hi hinder nder proper proper investigat investigat ion of corrupt corrupt practices. practices . Lack of independent judiciary- as a result courts may not act independently on matters of corruption if they are influenced influenced by outside forces force s from the Executiv Exec utive. e. Public reaction- how the public public views corruption c orruption plays an im important portant role in fightin fighting g corruption. La Lack ck of pre pre ss free dom- the media media plays plays a vital vital role r ole in exposing ca case sess of corr corrupti uption. on. 10.5.4 Explain the effects of corruption corruption it become rich at the expense expens e of other citizens. citizens. It makes those involved in it Enables those who pay bribes bribes to bene benefit fit in in areas are as which which without corruption they would not. Causes widespread bitterness among those who cannot pay or refuse to pay for favours when they see
those who pay bribes being favoured. Distorts standards sta ndards because beca use it it enables enables those withou withoutt expertise to win win contracts contracts.. Interfer Interferes es with w ith the enforce enforcement ment of the the law and respect res pect for the rule rule of law. P erpetuate erpe tuatess human suffering suffe ring through through in incr crea easing sing poverty povert y level of poor citiz citizens ens..
Impact of co corr rruption uption on the Zamb Zambian ian s oc ocie iety ty Law enforcement agencies : citizens may take the law in their own hands (vendettas and instance justi justice) ce) if the law enforcers enforcers are perceived to be be compro compromi mised sed throug through h corrupti corruption on.. Judicial system: Court records go missing in the courts of law. Outcomes in the justice system do not depend on avail ava ilabili ability ty of evidence evidence but amounts of bribes bribes offere offe red. d. Justice Just ice is denied denied to the poor poor.. The Electoral system: Due to Electoral malpractice, outcomes of the elections do not reflect the decisions of the voters but the corrupt. In turn ushering into office people who are incompetent and corrupt.
Security of the nation: Due to corruption, foreigners acquire documents of National identity such as passports and National passports National Registratio Registration n Cards (NRCs) that endanger endanger the lives lives of many many Zambi Zambians.
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The Economy: Mostly witnessed through money laundering activities, tax evasion and tax exempti exe mptions ons leading to ec econom onomic ic in insta stabi bility lity hence pushing pushing the t he general gener al popul populac acee into abjec abjectt povert poverty y. The Education system; Due to examination malpractices and conniving with enrolling officers at Higher Institutions of Learning, undeserving candidates get admitted with fake qualifications. Additionally, due to corruption in the training process, graduates are half half - baked baked and cannot meet the demands of their job job descr descrip iption tion leading to t o under development. Land Administration; only those who are financially capable and connected to land administrators acquire land. This has led to landlessness among many Zambians.
Procurement of goods and services: Awarding of contracts in the procurement of goods and services and contracts in general is in most cases marred by corruption. This has led to shoddy works
and shortages of goods and a nd se services rvices in publ public ic in institut stitutions. ions.
10.5.5 State institutions that fight against corruption in Zambia Zambia 1. Anti -Corr Corrupt uption ion Commis Commis sion sio n (ACC) (ACC) It is official government institut institution ion mandate d to fight aga again inst st corr corrupti uption on in Zambia.
It has a slogan “promote integrity, say no to corruption,” which enshrines the general fight against corruption.
They encourage everyone to join the fight by reporting any corrupt practices seen to the commission.
Me thods use us e d by the the ACC in the fight fight against against corruption: corruption: by undertaking necessary and effective measures to prevent corruption in public and Prevention private pri vate sectors. It also also make sure s ure that that any work, methods methods or procedures procedures prone prone to corruption corruption are revised To do this, there is a Commission Prevention Department (CPD) which conducts managerial accountability workshops in both public and private sectors to set standards for accountability within the institutions. Community education- the community is educated on matters relating to corruption such as dangers and effects of corruption. This is done through the Commission‟s Community Relations Department (CRD). The department depar tment uses us es ra radi dio o and television programmes, public public lectures, lecture s, workshops works hops and many more. more. Investigations and prosecution- these are involved in investigating complaints of suspected corrupt
practices practi ces and if evidence evidence is found found,, prosecuti prosecution on fol folllows.
2. Zambia Zambia National Procureme Proc ureme nt (ZNPA) (ZNPA)
This was formed to control the procurement and regulate the goods and services by the government gov ernment mi mini nistr stries, ies, departments and parastata paras tatall organisa organisatio tions. ns.
It fights corruption by ensuring that the procedures in the procurement system are done in a transparent or accountable manner.
3. Parliament
Its major role is to make laws but it also refuses to sign appointments and promotions of corrupt public public officials in including cluding those in in the Judiciary. Judiciary.
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It analyses the Auditor General‟s report with regard to appropriation (expenditure) of funds by various spending agencies. The Pub Public lic Accounts Committee (PAC) (PAC) is charged with this responsibility.
4. Auditor General’s Office
Its major responsibility is to ensure that public funds allocated by the parliament are used for the intended purpose.
It also audits accounts relating to the general revenue of the country and the expenditure of monies moni es apportioned by parliament.
It also audits the Judicature, accounts relating to stock and stores of government and accounts of statestate-owned enterprise and corporation.
5. Inve Invess tigator Genera Gene ral’ l’ss Office Office (Ombudsman (Ombudsman))
The IGO carries out investigations on a wide variety of complaints which include corruption cases.
6. Anti Anti--Mo Money ney Laun Laundering dering Unit (AMLU) of the Drug E Enf nforce orcement ment Commiss ion
The Act provides for the disclosure of information on the suspected personnel involved on money laundering activities.
Money laundering laundering is is the act a ct of rece re ceivi iving, ng, possess posse ssin ing, g, conceali concea ling, ng, disguisin disguising, g, disposing disposing of or bring bri ngiing into the country country any property property (which (which includ ncludes es money money and any item) derived derived or rea reali lise sed d directly direct ly or in indirectl directly y from ill illega egall or criminal criminal ac activi tivity ty
Civil Society Socie ty involv involvee d in the fight corr co rrup uption tion include include- Transparency International Zambia (TIZ) Natio National nal Movem Movement ent Against Against Corrupti Corruption on (NAMAC) The media Foun Foundation dation For Democratic Process Proc ess (FODEP) (FODEP ) 10.5. 10 .5.6 6 Identify rolecan of o f public pub lic o off ffice ice cfight ommunity ity and the youth fighting co corru rruption ption Individua Indiv iduals ls and the groups participate inrs, thecommun figh t aagainst gainst corruption c orruption by:by:in - fighting Changing attitudes a ttitudes from tolera tolerance nce to total re rejection jection of corrupti corr uption. on. Acc Access essiing inform information ation on procedures of how how to deal with corruption cases. cas es. Reporti Reporting ng corrupt officers to institutio nstitutio ns such as the Zambi Zambia Police, Police, TIZ and ACC. Supporting organizations that ar aree fighting fighting corruption. De Demandin manding g integrity and high high sense se nse of morality morality for public public office bearers. beare rs. Encouragi Encouraging ng and supporting supporting free pres press. s. Taki Taking ng responsib res ponsibil ility ity for one‟s actions. 10.6 CULTURAL STUDIES 10.6.1 Des cribe cribe culture culture Culture refers to the whole way of life of a given people which includes their food, language, taboos, fes festivals, tivals, values, values , beliefs beliefs and a nd tra tradi ditions. tions.
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Culture can also be defined as the sum total of behaviour which people have learned over a period of time and defines ways by which they do things. Culture is not not something something that one is born with but it is lea learnt. rnt. 10.6.2 Outline components of culture A component is a unit or a part of something. It is an element of the whole, for example, two legs are a component of a human being becaus bec ausee they they are part of the whole human being. There are eight major components of culture;
1. Language Language defines a cultural group even though the same language can be used in different countries. It is the vehicle through which culture is transmitted. It differentiates one culture from another.
It reflects the nature and value of a culture.
Language is not only spoken, it can also be unspoken. For example gestures are signs used to express di differe fferent nt things things such as showing showing a fist fist as a s a sign sign of strength or vio viollence ence..
2. Religion
Religious Relig ious taboos, customs, cust oms, ritual, dictate dicta te the behaviour of a given given society soc iety.. Religion can also dictate the type of food/ drink people take. For example, Hindus do not eat beef because they beli believe that when a person dies dies some some of them wil will be bo born rn in an animal animal.. Devoted Catholics used not to eat meat on Good Friday, while devoted Muslims do not drink alcohol.
3. Values and a attitude ttitudess
They are at a t the core of culture culture and do not not cchange hange anyhow. anyhow.
Values and attitudes constitute the value systems of any given society.
+ = ℎ A society value system guides people in what is considered right or wrong. It is is the basis ba sis of society‟s wa way y of life. life. Most value systems are based on a society central religion. 4. Education
Education Educat ion is an im important portant part of culture. Since Since culture is learne learned d behaviour. behaviour.
There are a re three types types of lear learni ning ng that take place place in a society: society:--
(a)
Informal learning
(b)
This is a type of learning in which a child learns by imitating the behaviour of its family members/f memb ers/friend riendss or by by watching watching characte chara cters rs portrayed portrayed in the movi movies/f es/films. ilms. Formal learning
This is a type of learning in which adults teach young family members on how to behave in certain situations. For example, Namwangas, Luvales, Lungus and other cultures teach a child to kneel kneel down when he/she is gree greetin ting/giving g/giving elders somethi s omething ng as a form of respect. res pect.
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(c)
Technical learning
This is a type of learning in which teachers instruct a child in an educational environment about what should be done, how it should be done and why it should be done. It takes place in a classroom.
5. Social o rganis rganisation ationss
This is is the way society soc iety organizes itself.
It relates to how society defines relationships, social institutions such as marriage and status system such as the role of a woman and children. The extended family system is a common social institution in African societies for it provides mutual protection and social support on a daily basis.
6. Technology and material culture
These refer refe r to society‟s society‟s abili ability to create, cre ate, design and use things. things.
Technology Technol ogy and material mate rial culture relates relat es to the way society societ y organizes organizes its ec econom onomic ic ac activi tivities. ties.
Terms like this industrialized nations and developing nations like Zambia refer to different technologies technol ogies and cultures. cultures.
Thus, we speak of being in the Stone Age when society used stone tools, Iron Age when iron tools were used, but now we talk of computer age culture since computers are the means of story of organising, ca calcul lculating ating etc etc..
Developed countries have reached Space Age culture by designing the most modern tec technol hnology ogy such as E-mail information.
7. Aesthetics
This is a society‟s societ y‟s perception perc eption of what is considered considere d beauty bea uty in art and iin n persons. pers ons.
It dictates what is considered good taste, might be considered bad taste in another culture, e g dressing in minimini-skirts, tight trousers are acceptable in towns but condemned in villages in Zambia.
8. Law and politics
These are the rules and structures that regulate the behavio behaviour ur of individua ndividuals. ls.
Legal rules rules attrac a ttractt puni punishment shment when broken. broken.
Laws protect members of the society to live live peac peacee and free from inin-human treatment.
The political system of a society defines the structure of government and who occupies posit po sitiion in the structures.
It also defines the roles roles and responsibilities responsibilities of the leade leaders rs and the people people led.
10.6.3 Explain the characteristics of culture. Chara Cha racte cte ristics of culture culture
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The foll following are the character chara cteriistics of culture or special features of culture: culture: Culture is dynamic : Culture changes with time; it is not constant. For example, the use of cellcell - phon phones es has been accepted as part Zambian way of life and yet these were not there a long time ago. However, there is a great debate on gender balance. Culture is learnt : it is passed on from generation to generation. It is taught to an individual by society in which by the society in which an individual is born. The way to speak, what and how to eat, how to relate to others and what to believe believe in are taught. taught. Culture is cumulative : new things in new generations can be discovered and added to the existing
culture. Owing to this cumulative effect, most high school learners are familiar with mathematical insights and solutions that ancient Greeks like Archimedes and Pythagoras struggled to discover in the world. world. Culture is comprehensive : since culture is the sum total of society‟s way of life, it is therefore comprehensive. Culture is based on symbols : in order for culture to be transmitted successfully from one person to the next, the system of symbols is created that translates the ideals of culture to members this may be done through language, art art,, money and a nd religion. religion. Culture is shared : members of society share a set of ideals, values and standard behaviour this set of ideals is what give meaning to their lives and what bonds them together as culture. Culture is integrated : in order to keep culture functioning, all its aspects must be integrated. For example the language should be able to describe all the functions within the culture in order for ideals and idea ideass to be transmitted tra nsmitted from one generation genera tion to the next. next.
People that are not their cultureare until they come contact . Theyfrom only realise theiraware patternofof behaviour universal wheninto they come with into other contactcultures with people other culture. culture. People do not know all their culture: no one knows everything about their culture. It is not possible for one one to know everythi ever ything ng about their culture. Culture gives a society a range of permissible behaviour patterns. Cultures commonly allow a range of ways in which men and women can be who they are. Cultures no longer exist in isolation: there is no society that can exist in isolation, thus languages and indi indigen genous ous patterns patte rns are a re being replac replaced ed rapid ra pidly ly.. 10.6.4 Discuss the importance of culture Importance of culture The fact fac t that culture culture is part part of us, us, itit is important important to study it it due to the followin following g rea reasons: sons: It reinforces ones’ identity and ability to critically reflect on that identity. This allows one to develop and in inter terac actt with others, others , thus, bringing bringing mutual under understa standi nding ng betwee betw een n societies and a nd peoples. It is important for the identity of the society. Since culture includes language, music, dances, festivals, rituals and traditional craftsmanship, cultural heritage brings identity of a society. In times of need songs, art works, and texts can bring hope and comfort which reinforces cultural and self self awareness. Learning about culture brings about development. If culture is interpreted as a whole of beliefs, habits and customs of a society, then it is a foundation of development. Economic development without roots in culture can never result in sustainable development. It is a goal, a part of the daily rea reali lity ty and a vi vital tal fac factor tor in deve develo lopment pment of the people. Culture contributes to national development through traditional ceremonies that attract tourists. There is keen interest in the relationship between arts and culture, and the economic and social development of our communities. According to the Universal Declaration of Human Rights (UDHR), article 27, affirms every human culturall life of one ’s country. being bei ng to freely particip participate ate in the cultura
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10.6.5 Explain types of culture Types of culture There are ten types of culture and these include: include: 1. Mass culture This culture is produced from machines and consumed on large scale, for example, record in industry, dustry, television and a nd vi video deo tapes ta pes or or ca cass ssette ettes. s. It is also spread through electronic media and other types of high technology. Thus, many children chil dren learn new beha behavi viour our that their parents did not know through this this cultu c ulture re..
2. Popular culture
This is a product of changi cha nging ng needs nee ds and innovation innovation of people‟s people‟s lives, lives, hence it is is short lived. lived.
This culture is seen among the youth who have new music, fashion among others in entertainment.
3. Folk culture
Also known as residual culture (remains of the past).
The past is is revived from elements of the forgotten forgotten past due to nostalgi nostalgic tastes taste s
Nostalgi Nostal gicc tastes is a desire desire of what used to be done done in the past
This culture is seen on the influences of technological changes on old traditions. For example, pl playi aying ng ol old d musi musicc on the national national televi televisi sion on..
4. Synthetic culture
This is also called artificial culture which has mainly destroyed cultural identities of developing developi ng countries li like ke Zambi Za mbiaa who adopt Wes ester tern n cultures. cultures .
Indigenous culture has only been preserved as a tourist attraction to earn money as foreign exchange.
This foreign culture is consumed mainly in form of films, television and radio. Above all, Western Weste rn culture culture due to its its high high technologi te chnologica ca l advances advanc es,, itit is is admi admired red and enj enjoyed oyed by many. many.
An important aspect of this culture is consumerism (popular consumption). Through adverts, peoplle are made peop made to bu buy y and own produ products cts such as soap food food and modern modern items like cell phon ph ones, es, televi television sionss and radios. radios.
This lea leads ds to im importing porting than to using local products.
5. Idea culture
Refers to some kind of aspiration of where people would love to be. For example, every society views itself itself in a positiv positivee way and has the the hi highest virtues virtues and standards standa rds it aspires to be.
In this regard, people in many cultures would describe their culture in ideal terms and not what is in reality. Ideals are not realised every day. For example, Zambia was described as a Christian nation but in rea reali lity ty its people do not not liv livee as Christians. Christians.
6. Real culture
It refer re ferss to the real behaviour behaviour of people people in a society.
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This is the actual culture practiced in a given society. For example, sleeping at a funeral until buri bu rial al is Zambi Zambia‟s real culture. culture.
7. Sub – culture
This is the way of life or behaviour which a small group of individuals belonging to the same culture may portray.
Sub-- culture may arise due to different occupations in society which results in variations in Sub power and prestige. power prestige. For exampl example, withi within n the same cul cultural tural group group,, peopl people with with little ttle educati education on will behave differently from the well educated in society. Between the two groups, there will be differences differences in the way they dress, speak, play and will will have di different fferent bel beliiefs.
In reality the rich and the wellwell- educated may form an „‟elite culture‟‟ which is assumed to be expensive.
8. Counter culture
This refers to the behavioural patterns, and life styles shown by a group of people that are exposed to the generally accepted standard of behaviour in society. A group of street kids and unemployed youths will have their own way of talking, their leisure and behaviour, different from the larger society.
Therefore, their behaviour will would constitute a counter culture of the general society, which is a form of social rebell rebe llion ion..
9. Cultural heterogeneity
This refers to a society that contains a variety of groups of different races, beliefs, religions and nationalities.
The republic of South Africa is one of such a culture. It has a slogan of „‟Rainbow Nation‟‟, to emphasise on the diversities of cultures found there. This promote Pluralism which unifies recogn rec ogniizes and respects the t he contributions contributions of different different cul c ultures tures to the the entire society s ociety..
10. 10. Cultural homogeneity
This is a common culture of people of a similar race, beliefs, religion and nationality. For example, the North African Arabic Countries like Tunisia and Libya are the same race, share the same religion religion and nationality, nationality, thus, are classified as a s homogeneous. homogeneous.
10. 6.5 Identify Zambia 10.6.5 ambia’’s so cie cietal tal core values Za Zambia mbia’s ’s Socie tal co core re Values Values Core means essential or very important while value means the quality of being useful. Therefore, core values are shared share d values values which which are practiced in all societies societies in the world. world. The foll following are Zambi Zambia‟s a‟s core c ore v values: alues: Obedience to authority; rec recogni ognising sing and obeying obeying those t hose in power. Tolera ole rance nce to other peopl peo plee ’s view vie w; all allowing owing the opinions opinions of o others thers to prevail preva il.. Mutual Mutu al respect; res pect; treating each other with consideration. Respect to privacy; eve everyone ryone requires sometime s ometime to be on their own. litigat tigation, ion, dialogue, dialogue, counsell counse lling ing among Peaceful resolution of conflict such as li Honest; the quali quality ty of tellin telling g the truth
Fre Fre e dom of expr expree ss ion as as long as as the the e xpre xpre ss ion doe doe s not inj injur uree the other person. Be lief lie f in the the e qu qual al worthi worthines nes s o off all human human beings .
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quality of being being honest hones t aand nd uprigh upright. t. Integrity; the quality treatin ting g any a ny person person fairly fairly regardless of race, race , sex and tribe tribe Social justice; trea Co--operation; working Co working together togethe r for the common goal. Love; the feeling feeling of great grea t affecti affect ion for the the other person per son Loyalty; faithfulness and truthfulness to people or groups or organisations Peace; not only only absence abs ence of war but freedom free dom from any form of d disturbance isturbance or disorde disorder r Trust; reliance on the truth Attainment of set goals: bel beliief in personal success in whatever on onee do does. es. Hard work; the beli belief ef in the value and nobility nobility of work as a working working human understandi understa nding ng Nationalism extreme pride of one‟s country or loyalty to the country: a person can do anything anythi ng for the country such s uch as carryi carr ying ng the flag everywhere. Patriotism; love and loyalty to ones‟ country and willingness to take part in its protection and development Efficiency and practicality: belief in achieving an end with a least cost waste in the shortest time possible. Material comfort: equal distribution of wealth throughout the country to satisfy the needs of the people. Scientific advancement: the belief in science and technology as tools for making progress to se secure cure mate material rial comfort and solving solving society‟s problems. problems. Individualism: an art of concentra concentratio tion n of one‟s one‟s welfare at a t the expense of o others. thers.
10.6.6 Discuss Zambia’s cultural practices Cultural Cultura l practic practice e s in Zamb Zambia ia The ethnic ethnic groups in Zambia share s hare the the following following cultural practices prac tices Respect for elders ; a belief that everyone older than oneself should be accorded respect in speech and treatment regardless of status, race or blood relation. Young people are supposed to kneel when speaking to elders. Extended family system: the Zambian culture advocates for the family system by keeping as many relatives as possible in addition to one‟s own nuclear family. In an event of both parents dying, the children chil dren would be taken ta ken to a family family member. Rites of passage: they are rituals that one undergoes to mark an important change in a person‟s posit po sitiion in society society.. They includ ncludee such ri ritual tualss as the nami naming of a newly newly bo born rn baby, baby, initi nitiation ation,, marri marriage, age, death and after death ceremonies. Initiation rituals Nko Nkollol olaa
Siyeke (Sikenge)
Cisungu
Mukanda
Marriage rituals Matebeto
Cilanga mulilo
Mungenisa Mungeni sa Khaya (M‟thimba) (M‟thimba)
Mbusa
Death rituals
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Kupuzo--Ya-Bafu Kupuzo
Mweesyo
Isambo Lyamfwa
Ukupyana
Ubwalwa Bwe Shinda
Traditional ceremonies: many traditional ceremonies are held to celebrate past events. Other functions of traditional ceremonies include:
i.
Expressing, Expres sing, reflect re flectin ing g and reinforcing cul c ultura turall relationships and virtues virtues..
ii. ii.
Observing Obse rving certain cer tain rituals.
iii.
Communicating important cultural themes through the use of special forms of language, music and dance
iv.
Connec Conn ecti tion on to the ancestors ances tors
v. vi.
P roviding roviding oral history history of se settlement, ttlement, patterns patte rns or or migration. migration. Reconciliing inter – group Reconcil group conflict conflict for peaceful peac eful co – existence existence..
vii.
As Asse sertion rtion of of lo loca call traditiona traditionall leadership. leader ship.
viii.
Displaying symbols symbols of ethnic citizens citizenship hip or se sense nse of belong belonging ing to ethnic groupings groupings Typ ypee s of trad traditiona itionall ce remonies
Harvest festivals
Commemorative Commemorat ive ce cere remoni monies es focusing on honourin honouring g the t he dad, migration migration histories histories
Religious festivals
Ceremoni Cer emonies es for small intim intimate ate groups such as boys or girl girlss when these come o off age.
Ceremoni Cer emonies es which move move with rhythm of nature
Traditional Traditional ce remonie remo niess pr practice actice d in Za Zambia mbia Umutomboko Ceremony Umutomboko Cer emony of the Lunda Lunda people of Luapula Kuombok a Cer Ceremony emony of the Lozi people Ukusefya pa Ng’wena Ng’wena Ceremony of the Bemba people Likumbi Liku mbi Lya Mize of Mize of the Luvale people Mabada Mab adao o ce ceremony remony of the Tumbu Tumbuka ka people Lunda Lubanza Luban za of o f the Lunda Lun da p eople of North -Western province Kulamba cerem ce remony ony of the Nsenga people Kulamba Kubwalo Kub walo ceremony of the Lenje people Shimunenga Shim unenga ceremony ceremony of the Illa Illa people Malaila ceremony of the Kunda people Lwiindi cerem c eremony ony of the Tonga people
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Nc’wala cerem ce remony ony of the Ngoni peopl pe oplee Ibwela Mush M ushii ceremony of the Biswalala people Chinam Chinamanongo anongo ceremony ceremony of the Bisa of Mpika 10.6. 10 .6.7 7 Identify fa facto ctors rs that affec affectt the appr appree ciation of cultural dive rsity in Zambia Zambia Cultural dive rsity in Z Cultural Zamb ambia ia Zambia has heterogeneous culture in terms of race, religion, language, tradition and customs. There are a lot
of common cultural practices among the seventy – three ethnic groups in Zambia. Therefore, in order to appreciate cultural diversity that exists in Zambia, we should be mindful of certain aspects that affect cultural diver div ersity sity negativ negat ively ely.. Such are ar e the following: following:
1.
Stereotyping
This is an ever generalized and pre – conceived ideas or impression of what characterises someone.
Stereotyping is treating someone badly just because he or she is different from you. One may j jud udge ge an ind indiividua vidua l on the basis of how how one percei perce ives the w ho holle ethni ethnic group group..
In Zambia for example, there is stereotyping. Some ethnic groups are labelled as thieves, others stingy stingy, others are backward backwa rd and oth others ers tribal. tribal.
2.
Prejudice
This is biased opinion based on insufficient knowledge or hostility towards particular racial, religious religi ous or ethnic groups.
It is the the practice prac tice of thinki thinking ng badly about someone s omeone because bec ause he or she is differe different nt from you.
It is il illo logic gicaa l, irrational, hatred, hatr ed, and suspicious of particular group.
Sometimes Som etimes it can be be based bas ed on on gender, age, place of residence or even occupation occupation.. Prejudi Pr ejudice ce and ste stere reotypi otyping ng lead lea d to di disc scriminati rimination on and conflict conflict in society soc iety.. If not checked it can lead to serious civil war, for example, the Rwanda genocide and Burundi civil wars.
3.
Ethnocentrism
This comes from the word „ethnocentric‟, which is the belief that one‟s‟ own cultural tradi tra dition tionaa l group or ra racial cial group is is superior to all others. others .
If other other cul c ultures tures are not li like one‟s one‟s own culture then, they are regarded re garded as inferior inferior..
People tend to view the custom of others in light with their own beliefs and values. Ethnocentrism is also a belief that one‟s way of life is best and others are judged by their standard.
Ethnocentrism is a form of discrimination and leads to serious conflict even civil war. The Rwanda 1994 genocide is such a good example.
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4.
Cultural relativism
This is a belief that each cultural group has the right to its own culture even if the culture does not please you.
But such suc h cultural practices prac tices should should not vi viol olet et in indivi dividua dua l basic bas ic human rights rights and freedom. fre edom.
Cultural diver diversity sity is the absence abse nce of di direc rectt and indi indirec rectt discriminat discrimination ion in all are areas as of life. life.
10.6.8 10. 6.8 Identify Identify ins ins titutions titutions that that pr pree se rve cultural cultural h hee ritage ritage in Zam Zambia bia (a) Museums - the national national museums board admin adminiisters ster s these these.. Museums Museums are responsibl responsiblee for;
Collection Col lection of artefac arte facts. ts.
Restorati Restora tion on of artefac arte facts. ts.
Display of artefacts of historical, cultural, scientific, technological and economic significance to the nation.
(b) National Heritage Conservation- administers immovable heritage such as sites and monuments. (c)
National Arts Council- it promotes art artistic istic and a nd intellec intellectua tuall cre creativity ativity and a nd art educa education tion..
It recognises that freedom of opinion and expression is essential for reactive activities of artists and intell intellect ect uals ali alike. ke.
(d)
International Cultural Cooperation
The colonial authorities regardless of cultural and ethnic realities arbitrarily drew up the geographical in inter ternationa nationa l boarde boarders rs of Zambia.
Zambia acknowledges that international cultural exchanges and encounters contribute to the promo pro moti tion on of gl glob obal al peace, respect, mutual mutual un understandi derstanding ng and cooperatio cooperation. n.
Zambia is a member of the follo following wing multilate multilatera ra l cultural organisations; organisa tions;
United Nations Education Educa tional, al, Scientific and a nd Cultural Organisation (UNESCO (U NESCO))
Southern African Afr ican De Developm velopment ent Community Community (SADC) (SAD C)
International Internatio nal Centre for Bantu Civili Civilisat sat ion (CICIBA)
World Wo rld Intellectual Intellectua l Property P roperty Organi Orga nisa sation tion (WIPO) (WIP O)
Southern African Afr ican De Developm velopment ent Community Community Ass A ssociation ociation of Museums (SADCAM) (SADCA M)
World Wo rld Crafts Craf ts Council (WCC)
International Inter national Council C ouncil of Museums (ICOM) (I COM)
International Internatio nal Theatre Institute Institute (ITI)
10.7 10. 7 SUBST SUB STANCE ANCE ABUSE
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10.7.1 Des cribe cribe type type s of substances substances of often ten abuse abuse d by by pe pe ople ople
Substance abuse is the taking something often that the body does not need and for wrong reasons. For exampl exa mple, e, taking medicine medicine when one is not sick is substance substa nce abuse. a buse. Classification of substances Substances fall f all in into to two major major categories: categories: over the counter substances and controll controlle d substances. substances . i. Over the counter substances
These are substances that can be easily bought over the counter such as panadol and aspirin. One can buy buy these thes e medicines medicines of without a prescription pres cription..
ii.
Controlled substances:
These are substances which can only be obtained if one has a prescription or special authorisation.
They can ca n be dangerous danger ous if not not used properly proper ly..
Examples of such medicines are valium (diazepam), morphine, mandrax, cocaine, pethidine and marijuana.
Classification of substances according to their chemical structure, or effects on the user
The follo following wing are some example: example: Depressants : these are substances that slow down the action of the central nervous system. system. They are sometimes called sedatives or hypnotics. Alcohol and mandrax are the examples of depressant drugs. When taken in small amounts amounts decrease decre asess awareness awarenes s and tension. tension. If taken in in large amounts, amounts, they can lead into deep unconsciou unconsciouss ness whi which ch may resul res ultt in i n death. Stimulants: thi thiss sti s timul mulate atess the central centra l n nervous ervous system. syste m.
They speed up the body processes.
The most common common are caffe ca ffein inee which which is found found in coffee, coffee , coca coc a cola, cola, cchocolate hocolate and diet diet pills. pills.
Other stimulants include cocaine and nicotine. If stimulants are taken in large amounts, they becomee depressants and they sl becom slow ow do down wn the central ce ntral nervou nervouss system.
Hallucinogens: are substances that distort the way the brain translates impulses or the messages from the sensory organs, producin producing g perceptual perce ptual changes.
Distortion makes the brain brain change massages massa ges about something something rea reall producing producing an illu illuss ion.
The brain also produces images which do not exist in reality called hallucinations.
Cocaine, magic mushroom mushroomss ecstasy ecs tasy are good good examples. examples.
Narcotics or Opiates: these are substances that make senses dull and relieve pain by depressing
the cerebral cortex.
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The cerebral cortex is the outer layer of the brain responsible for consciousness including perception percepti on,, memory memory and learning learning..
These substance substancess aaffec ffectt the thalamus thalamus which which is the body body‟s ‟s mo mood od re regul gulating ating centre. centre . Narcotics are mai Narcotics mainl nly y derived derived from the op opiium po popp ppy y plant. plant. They incl nclud udee raw op opiium, um, peth pethiidine, dine, marijuana, marij uana, morphine morphine,, heroine methadone and a nd codeine.
a re normall normally y sniffed. Inhalants or solvents : they are substances that are
These are substances found in household products such as glue, deodorants like perfume spray and fuel gases.
Once inhaled, the capillaries to the surface of the lungs allow rapid absorption of the substance.
It enters the brain at a very fast rate; rate ; iintox ntoxicati icating ng effects effe cts are a re very high. high.
10.7.2 Discuss substance substancess an and d the the ir eff effe cts 1. Alcohol:
Though only adults are allowed to drink. Alcohol is a pure colourless liquid present in drinks such as beer, wines and brandy.
Alcohol is also taken for medicinal purposes for many medicines contain alcohol in small percentages.
Alcohol is abused when one takes too much and often. An alcoholic is a person who is addicted to t o alcohol beverage beve ragess li like ke beer. be er.
Alcoholism is a dangerous and severe condition caused by physical dependence on alcohol. It can ca n destroy dest roy physical physical and mental health. he alth.
The strength of any alcoholic beverages depend on the percentage concentration of a chemical known as ethanol per given volume. ** If the beverage beverag e has a higher percentage perce ntage of ethanol per volume, then a drink is more potent .
Effects of alcohol alcohol Increa Increases ses bl blood ood pressure and a nd hear heartt probl problems.
Causes Caus es vi violent olent behaviour Negativel Negati vely y affects the brain
Causes cirrhosis ; diseases of the liver: the liver becomes fatty and enlarged causing inflammation. This causes loss of appetite, abdominal discomfort and death, makes one feel wa warm, rm, when one in rea reali lity ty is lo losing sing heat hea t leading to hypothermia.
Distort understanding of time and space and affects the sight causing one having double or multiple vision.
Causes withdrawal withdrawal conditions conditions called called Delirium tremens.
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2.
Tobacco
This is a substance substa nce that is is commonl commonly y abused. abuse d. It contain conta inss Nicotine, Tar and Carbon Car bon which are a re harmful to t o the body. body.
When a pers person on smokes these substances, substance s, they enter the blood blood strea s tream m and lung lungs. s.
Monoxide Monoxide
Nicotine Nicoti ne is a colou colourl rless ess harmful harmful drug. drug. It acts as a stimu stimullant and speeds up the transm transmiission ssion of nerve impulses if taken in small dose. If taken in large doses, it slows nerve impulses resulting in reduction reduc tion of heart hea rt beat.
Carbon monoxide is a deadly gas that affects the blood‟s ability to carry oxygen around the body bo dy.. It also affects the acti ac tion on of the cili cilia (hair). (hair).
It contains contains substances substance s that cause cancer.
Effects of smoking Bron Bronchitis chitis
Emphysema;; l Emphysema lung ung disease diseas e which affec a ffects ts breathing breathing
Heart Hea rt di disea seases ses;; n nicoti icotine ne in increa creases ses heartbeat hea rtbeat which wears down down th thee heart
Cancer; 90% of deaths from cancer are due to cancer caused by smoking)
Blood clots and stomach Ulcers.
Da Damage mage to the unborn baby.
Shortness of breath.
Colds, flu and other infection.
Non – smokers smokers inh nhale ale smoke smoke which which makes makes them passi pass ive smo smokers. kers.
Deforestation due massive cutting of tree used as firewood in curing tobacco
3. Inhalants
High blood pressure
Headaches, stuttered speech and loss of motor coco-ordination
Rush around the nose nose and a nd mouth. mouth.
Violent behaviour.
Unpredictable behaviour.
Memory impairments.
Abnormalities of the liver liver and kidney kidney..
Red, gl glass assy y watery wate ry eyes.
Distorts understa understandin nding g of ti time me and space. space .
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4.
Drugs
A drug is any substance which changes the chemistry of the body and affects the natural balance bal ance of th thee mind mind and the emoti emotion ons. s.
Drugs can either either be natural or synthetic synthetic chemicals. chemicals. Natural drugs drugs are those those found found in certain plants plants such as Caffeine Caffeine in coffee, tetrahydrocannabinol (THC), found in cannabis and nicotine in tobacco. Synthetic drugs are manufactured drugs such as Panadol and asprin.
5.
Cannabis
This is a hard brown material or herbal mixture that comes from a cannabis plant and it is an il illegal legal plant in Za Zambia. mbia.
It is loca locall lly y known as camba, ca mba, dobo, fwaka fw aka ya ci Ngoni.
Thus cannabis is in three form:
Marijuana: this comes from the dried leaves, flowers or stems of the cannabis plant. It has a concentration of delta delta – 9 – tetrahydro canni ca nnibi binol nol (THC) of abou aboutt 0 – 12 %.
Ha Hashish: shish: this is made from the stick of the plant. plant. It conta contains ins 12 – 18 % of THC.
Hashish Oil: made from compressing hashish to produce oil using solvent. Concentration of THC is about 18 – 25 % and its more potent than the rest.
Effects of cannabis Makes the user feel exhausted.
Makes one have high appetite for food
Affec Aff ects ts the memory, memory, concentrat conce ntratio ion n and co – ordination. ordination.
Affects the reproductive system by reducing the sperm count in males and irregular menstrual cycles in females.
ca ncer.. Causes cancer Makes the user paranoid paranoid and anxious anxious
Makes the user to be talkative.
6.
Heroin
It is a brown or white speckled powder made from juice extract from unripe capsules of opium popp po ppy y pl plants. ants.
He Heroin roin is formed through through a chemi che mica call process proces s of modify modifying ing morphine morphine known as acetylation.
Morphine Morphi ne is use used d to ease eas e se severe vere pain; howe however, ver, it is v ver ery y dangerous danger ous when not used properly. properly.
is taken mainly by smoking, sniffing injecting into the veins. The street names for Heroine heroine are brown sugar, smack, skag, horse.
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Effects of heroine Causes death due to over doze.
Irregular menstrual periods in women.
Damages the heart and the kidneys.
Causes mood swings. swings.
Causes depression.
Loss of appetite.
Distorts the understandi understa nding ng of things. things.
Disturbs the pattern patte rn of nerve, nerve , activi ac tivity ty..
7.
Cocaine
Cocaine is a white powder made from the leaves of a coca plant.
The leaves of coca plant when chewed can relieve fatigue and hunger. Cocaine can be smoked or injec injecte ted d in the blood.
It can ca n also be orall orally y taken take n by mi mixi xing ng with a liqu liquid id or in a ca capsule psule form.
The street stree t n names ames for cocaine are ar e coke, Charlie, Charlie, snow lady lady and dust. dust.
Effects of cocaine
Dry mouth.
Sweating.
Severe weight loss.
Indigestion.
Exhaustion and lac lack k of slee sleep p (Insomnia).
Transmission of HIV/ AIDS AID S through through the sharing sha ring of needl nee dles es..
Death due to overdose.
Ulceration of the nasal passage passa ge (sore s in the nasal passages pas sages))
Irregul Irre gular ar menstrual menst rual circle in women.
He Heart art and bl blood ood circulation problems. problems.
Over alertnes alert nesss and elevation elevat ion of mood. mood.
10.7.3 Explain reasons for substance abuse Reason for substance abuse
Curiosity: a situation where one wants to taste and experience how it feels. This is done by young people who are keen to be adventurou peopl adventurouss and experimen experimentt thing thingss for themselves. themselves.
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Peer pressure : some young people end up using substances because they want to do what their friends are doing. Ignorance : some people take substances because they are not aware of the effects of which it may be too late late when they reali re alise se it. Damage would would have been done. Stress: sometimes people take substances because of stress, and they feel that drugs can console them. Stress Stre ss can resul res ultt from death loved loved ones, divorce and failure failure of an examination examination.. Availability Availability of substances substances : substances are readily available at the market. Substances such as solvents (glue, tipex and methylated spirit). Also, alcoholic alcoholic bever beverage agess are sold on the marke market. t.
Alienation: when a person feels isolated, fights to find a group to belong to especially those who are Alienation also isolated. Such a person may like to be in a group where substances being abused. Street kids and teenagers are exam e xampl ples. es. Unemployment : many young people are unable to find jobs despite being qualified. Such people resort to substances. Lack of recreation recrea tion activities : many people have nowhere to spend their leisure time due to lack of recrea rec reati tional onal faci fac ili lities, ties, substance abuse becomes leisure leisure to them. Enhancement of self -confidence and performance : some people believe that taking certain drugs may help them improve their self -confidence and performance in sports, sexual intercourse, exami exa mination nation and other activities. activities. Signs and symptoms of substance abuse Sudden change in personality.
Unusual mood swing.
Decline in school performance.
Spending Spendin g more time time awa a way y from home and school.
Theft and a nd over over borrowing of money. money.
Heavy Hea vy use use of perfumes perfumes to di disgui sguise se the smell smell of substance. substance .
Loss of appetite.
Wearing of sunglass sunglasses es to di disgui sguise se ones appearance appeara nce..
Possess Poss essio ion n of certai certa in materials such as straws, straws , pil pill boxes, boxes, needles, glass glass bottles. bottles.
How to avoid substances abuse Say no thank you! When somebody gives you a substance or drug.
Giving a reason or excuse
Changing the subject
Walking alk ing away
A Avoid void the situa tions where wh ere substance subs tancess are abused ab used
Associate Associa te with non no n -users of substances
Keeping one - self self busy.
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Dependence on substances When someone entirely dependence.
depends on substances, the situation is called addiction or
Substance Sub stance dependence can c an either take physica physicall or psychol psychologica ogicall form.
Physical dependence is when one tries to withdraw using a substance but faces physical effects effe cts such as shaking shaking and poor poor co c o-ordination.
While psychological effects is where one experiences anxiety and depression due to withdraw of abused substance.
Some substance users may only feel the effect when they take larger doses of the substance. These users have reached the drug tolerance levels.
10. 7.4 Dis cuss impact 10.7.4 impact of s ub ubss tance tance ab abuse use on individu individuals, als, community community,, na national tional and inte intern rnational ational le leve ve ls Impact Imp act of substance substance abuse abuse on socie ty Individual level: an abuser of a substance is likely to have health problems resulting from the effects of the substance substan ce taken. taken. victims may affec affectt working and studying studying culture. Owing to poor health, the victims The victim victim may not have support from his or or her loved loved ones. Due to overdependence, the abuser may be speeding a llot ot on substances. Family level: substance abusers may tend to ignore their families as they only care about having the substance. As a result they tend to have a lot of credit and stealing from their families and friends. Hence, their families famil ies are affecte affe cted. d.
This teaches teac hes young ones in in the family family to sta start rt abusing themselves themse lves also.
Community and national levels: some substance abusers end up committing crimes like murder and robbery robb ery to acqui ac quire re money money for the substance. Others rs may be in involved volved in prostitution and drug drug trafficking tra fficking.. Othe
Thesee il Thes illega legall ac activi tivities ties have a negativ negat ivee effe e ffect ct on the community and the nation at a t large. The spread of HIV and AIDS is likely to be very high among substance abusers due to risk of behaviiou behav ourr such as un unpro protected tected sex, and sharing sharing of needles. needles. The abuser when sick sick the all n natio ation n and communi communitt y is affected. affe cted.
It causes ca uses accidents acc idents and viol violent ent behaviour such suc h as GBV GBV..
trafficking fficking is a major inter internationa nationa l problem. problem. International level: drug tra It refer re ferss to the manufacturing manufac turing and selling selling of illegal illegal drugs.
Money laundering is common in drug trafficking for example, some drug traffickers use money obtained illegally to destabilise governments through corruption, violence and buying votes.
Money laundering aff affec ects ts the ec econom onomy y of the nation by ca causing using inflation. inflation.
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Therefore, the substance abuse has negatively affected societies at international level due to drug trafficki traff icking ng and money money launderin launder ing. g.
Role of the community in combating substance abuse Abolishing of the cultivating of drug crops like marijuana and opium. The government musts come in to make sure that no one is is cultivati cultivating ng such crops. cr ops.
Educating the people on the bad effects of substance effects. And the need to control the use of these substances anyhow.
Taking keen interest in one‟s community; people should love their community and identify the signs and symptoms of substance abuse, and report to the institutions concerned with such issues.
Employment: the government and community at large should provide a wide range of employment emplo yment opportunit opportunit ies to di disc scourage ourage unemploye unemployed d people from substance substa nce abuse.
Changing people‟s attitude towards substance abuse; through entertainment such as poems, drama and debate.
Establishing groups and clubs; this may include anti – drug abuse club and community rehabilitatio rehabil itation n centres centre s which which control substance abuse.
Measures used to control and fight substance abuse in Zambia Government has enacted the law under Act No 37 of 1993 to prohibit trafficking, exporting, possess po ssessiing ng,, culti cultivating, vating, manufacturi manufacturing ng and use of Narcoti N arcotics cs and psychotropi psychotropicc substances substances
The public is sensitised on the dangers of substances abuse and the legal implication. Drug abuse is liable liable for punishme punishment nt for a period period not excee exc eedin ding g ten (10) yea years rs if if found guil guilty ty..
The government of Zambia also works with other countries to exchange information on drug trafficking trafficki ng and related crim c rimee in order to arrest offenders.
10. 7.5.. Identify institutions involve d in fightin 10.7.5 ighting g s ub ubss tance tance ab abuse use in Zam Zambia bia Institution that fight substance abuse In 1989, the government es establi tablishe shed d the t he Drug Enforcement Enforce ment Commiss Commission ion (DEC). (DEC ).
Thiss is a government government department charged with the the responsibility responsibility of curbi curbing ng substance s ubstance abuse. Thi This commission has offices in all the provinces in Zambia with a National Education Campaign Division. The division is responsible for dissemination of information intended to sensitise sensiti se the publ public ic on the the effects effec ts of drug abuse.
The department also works with NonNon-Governmental Organisation (NGOs) and other government gov ernment departments to rehabilitate rehabilitate vi victims ctims of substance abuse. Some Some NGOs invol involve ved d are:
Planned Parentho Pare nthood od Association Association of Zambia Zambia (PPAZ) (PPA Z)
Youth Alive
Young Women‟s Women‟s Christian Association As sociation (YMCA) (YMC A)
Society for Family Family He Health alth (SFH); (SFH) ; Churches Churche s
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Sports in Action (SIA) Youth Media (trendsetters)
GRADE 11 TOPICS 11.1 THE ZAMB IAN BILL B ILL OF RIGHTS 11.1.1 Desc De scri ribe be the Bill of Rights 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 supreme law of o f the land. Is it the country’ co untry’ss main instrument instrument of protect protecting ing the rights and freedoms of the individual. Ele ments of the Elements the bill of rights rights in the Zambia ambian n constitution cons titution:: The current curre nt Bill Bill of Rights Rights forms part par t (iii (iii)) of the 1996 constitution constitutio n coverin cover ing g Articles A rticles 11 to32. to32. Article 11: This is the preamble which is a general declaration of the rights every person in Zambia is entitled to regardless rega rdless of race ra ce,, pl plac acee of of origin, origin, politi politica ca l opini opinion on,, colour and brief, reli re ligi gion on,, se sex x or marital status sta tus..
Pr otection tion of the Rights Rights to Life. Life. Article 12 Article 1 2 : Protec This right is described as the Supreme Human Right because all rights are dependent on it. It protects all forms of human life, including of that of an unborn child. It gives government and an individual the obligation of preser pres ervi ving ng and protecting protec ting human life. life. Article 13 Article 1 3 : Protec Pr otection tion of the Right to Persona Pe rsonall Liberty. Liberty. Every person is free fre e unless unless one has broken broken the law. law.
Labour. Article 14 Article 1 4 : Protection from Slavery and Forced Labour. This article prohibi prohibitt any form of slavery slave ry and practices prac tices such suc h as human trafficking, se seld ldom, om, exploitat exploitation ion of children chil dren and se servil rvilee (enslavi (ens laving) ng) forms of marriage. marriage . Treatment. Article 15 Article 1 5 : Protection from Inhuman Treatment. The use of all forms of in inhuman human or degradi degra ding ng tre treatme atment nt and torture such suc h as corporal punishment is prohi prohibi bite te d. d. Pr otection tion from Deprivation of Pr Property. operty. Article Ar ticle 16 1 6 : Protec The article protects individuals from being deprived of their property except in cases permitted by law such as fa fail ilure ure to pay tax, rates or dues aand nd many many such s uch things. things. Article 17 Article 1 7: Protectio Protec tion n for Pri Pr ivacy of Home and Other Property. Property. The article protects the privacy of the individual‟s homes and the other property. It prohibits the search of a person,, hi person hiss or her property property or entry of premi premises un unlless permi permitted by law. law.
Provisio sion n to Secure Protecti Protec tion on of Law. Law. ARTICLE 18: Provi Every person has the right right to have access acce ss to the protection of the the law. law. Article 19 Article 1 9 : Protectio Protec tion n of Freedom of Conscience. Conscience. This article a rticle gives every eve ry human being the freedom fre edom of religi religion on and thought thought which which may also impl imply y fre edom to change cha nge religion religion or belief belief either alone or in a group group with w ith other people. people. Article 20 Article 2 0 : Protec Pr otection tion of Freedom Free dom of Expression. Expres sion. Individua Indiv iduals ls are ar e free fre e to hold hold opinions opinions and exchange exc hange in informati formation on without interf interfere erence nce..
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Pr otection tion of Freedom Free dom of As Asse sembl mbly y and a nd Association. Ass ociation. Article 21 Article 2 1 : Protec Under this article, every citizen has a right to assemble freely and associate with others, form or belong to any pollitica po tica l part trade union union or other associ as sociati ation onss for the protectio protection n of one‟s one‟s interest. nterest. Article 22 Article 2 2 : Protec Pr otection tion of Freedom Free dom of Movement. Movement. Individuals are free to live, move, leave or return to Zambia unless restricted by the law such under a state of emergency and when on is is servi se rving ng sentence sentenc e of imp imprisonmen risonment. t.
Discrimination. Article 23: Article 23 : Protection from Discrimination. Individuals are protected from being treated unfairly on ground of sex, place of birth, marital status, political opinion, opi nion, ethnicity, ethnicity, or rac race. e. Article 24 : Protection of Young Persons from Exploitation. It ensures protection of young persons from physi ph ysical cal ill-treatment and from all forms of neglect, cruelty and exploitation. It also prohibits the trafficking of young persons. persons.
Derogation rogation from Foundation Foundation Rights and a nd De Detention. tention. Article 25 Article 2 5 : De The article provides for limitation on fundamental rights in times nor or emergencies except Articles 12, 14, 15 and 18. 18. ARTICLE 26 : P rovision rovision re relatin lating g to re restrict strictio ion n Largely Lar gely the art article icle deals with the provision provision relating to the rights rights of res restricte tricted d and detain deta ined ed persons. pers ons.
tribunal ARTICLE 27 : Reference of certain matters to special tribunal Under this article, members of parliament can stop a bill which infringes on the bill of rights.it further makes a provision for the appointment of a special tribunal of two judges by the chief justice. Who will report on a bil bill or statutory instru instrumen mentt which which may not not be into into consistent consistent with with the con c onsti stituti tution on?? Enforce ment of protective protec tive provisions provisions ARTICLE 28: Enforcement The article makes a provision for the enforcement of the rights provision in the bill of rights. Persons whose rights are viol violate ated d can ca n complain complain to the court of law, law, the high high court. c ourt. Spec ial powers power s of the republica republican n presid pres ident ent ARTICLE 2929 -31 : Special These articles deal with the special provision powers of the republican president such as declaration of war and of the state of emergency. emergency. Describe ways of enforcing the Zambian bill of rights the judiciary arm of government is the main mechanism for the protection and enforcement of the rights and freedoms outlined in the bill of rights. A mechanism on the rights and freedoms can be enforced is provided for in article 28 of the constitution. The courts of law are given giv en the vital vital role to enforce the bill bill of rights. rights. Limitations (derogations (de rogations ) of Za Zambia mbia’s ’s B ill of Rights The right to life is not absolute in Zambia because the country still slaps death sentences on convicts found guilty of heinous crimes.
Social and economic rights are not included in the Bill of rights. The current Bill of rights only contains Civil and Political rights The Bill Bill of rights rights lacks protectio protect ion n again aga inst st torture or inhuman inhuman tre treatme atment. nt.
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The Bill of Rights is written in a very technical language which is very difficult for an ordinary ordi nary person pers on to understand understa nd or in inter terpret pret..
Though Zambia has ratified or acceded to various international human rights instruments she has not domesticated most of them.
Rights such as economic, social and cultural if included in the Bill of rights may not Justiciable Justici able because they depend on the government government to provi provide de resources res ources for their their eenj njoym oyment ent
11.1.3 Des De s cribe cribe ways ways of enf e nforcing orcing the Zamb Zambian ian Bill of Rights The Judiciary arm of government is the main mechanism for the protection and enforcement of the rights and a nd freedoms fre edoms outli outlined ned in the bil billl of rights. rights.
A mechanism on the enforcement of the rights and freedoms is provided for in Article 28 of the constitution. The High Court Court is given given the vi vital tal role to enforce enforc e the Bil Billl of Ri Rights. ghts.
All communications involving constitutional disputes should be taken to the High court. A person aggrieved due to the violation of his or her fundamental rights, can petition the high court to remedy or set right (an undesirable or unfair situation. The high court is given the power to issue writs (written order) on lodged lodged claims or complaints complaints and give give direction direc tion as a s it is considere considered d appropriate.
However, if a person is not happy with the decision of the high court, he /she may appeal to the hi highest ghest court of appeal, appea l, the Supreme Court provided provided their case ca se is is not frivol frivolous ous or vexatious.
The Judicial review under order 53 of the rules of the Supreme Court is another mechanism used. This is applicable when the judiciary checks on whether the legislature and the executive are exercising their powers in accordance with the constitution. Under this mechanism, there is application for habeas copy c opywriter writer of currier. currier.
The other mechanism is the use of the Human Rights Commission which acts as a watchdog it the courts in enforcing human right under be human rights Act No.39 of 1996, the commission has a mandate to monitor violations of human rights through investigations and public hearings. It also rec recomm ommend end and facil fa ciliti ities es mediation and a nd conciliat conciliat ion in enforcin enforc ing g human rights. rights.
The office of the investigator General, who is also known as ombudsman, enforces human rights claims well. The investigations General are the chairperson of the commission of investigation for investigations. Any person is tree to write to the investigator General to complete human rights violations. The commission carries out investigations on people‟s complaints on corruption and other case ca sess of abuses abuse s and a nd human human rights rights violation violationss in the civil civil se services rvices.. The invest investig igator ator Ge Genera nerall gives gives advice to either the police or court to take actions after investigations have been carried out. The media, civil society, parliament, the Law Association of Zambia (LAZ) a trade unions are also involved in meaning human right violations. By so doing they supplement the work of the judiciary. Discuss the role and the investigations that promote human rights in Zambia. There are several institutions the government and nonnon-government organizations that help enforce the Zambia bill of rights. rights.
Institutions Ins titutions promoting Huma H uman n Rights in Zamb Zambia ia
The Human Rights Commission (HRC)
The Human Rights Commission was established by on Act of parliament No. 39 of 1996 and come into force in May, 1997 with the sole purpose of rights record in the second Republic and improve and promote image of human rig r ights hts cul c ulture ture of the country. Some of the functions of the Human Human Rights Commiss Commission ion are as follo follows ws::-
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To in inves vestigate tigate human rights viol violat at ions To propose effective measures to prevent human rights abuse To visit correctional facilitates and other detention or related facilities and see if conditions in such place placess are fit for for detainee and make recommendations recommendations to solve solve eexi xisting sting problem problems. s.
To rehabilitate victims of human rights abuse and improve the respect for and protection of human rights as well as establishing a continuous programme of research, education and information.
Investigate human rights abuse either on its own initiative or after receiving complaints either from victim acting on his or her own free will, an individual on behalf of a victim, an associati ass ociation on on behalf behalf of its members. members. Issue summons or orders to attend by any person relevant to any investigations by the
commission commission It produce any a ny relevant releva nt documents to the commiss commission ion Ques Question tion any person pers on in in relation to any matter matte r under inves investigati tigations ons before commiss commissions ions recommend punishment of any person found to have perpetuated any form of human rights abuse Powers of the HRC of Zambia Zambia Inves Investigate tigate human rights abuses a buses on on its ini initiat tiative ive or based base d on comp complain laints ts or a llega llegations. tions. Issues summons or orders requiring attendance of persons relevant to any investigation of the Commission. Commission ssio n Produce documents relevant to the Commi
Question any a ny person in respect respec t of any subject subject matter under investigations investigations before the Commi Commiss ion Rec Recommend ommend to courts of law prose prosecution cution of any person pers on found to perpetuate perpe tuate human rights abuse The Judiciary The courts of law which are the judiciary system in Zambia play a vital role in promoting human rights in Zambia. It consist of the supreme court, the high court, the industrial relations court, the subordinate courts, the local courts and any other courts prescribed by an Act of Rights by applying laws to the cases role
received from the petitioners where rights are violated. The judges of the courts are independent, impartial and subjec subjectt only to the constitution and the law. The AntiAnti-Corruption Commission (ACC) (ACC) It is an independent government body which helps strengthen Human Rights through its fight against corruption. The AntiAnti-Corruption Commission Investigates any reported corruption cases which may be pointed of
human rights violation. If evidence is established the findings are taken to the Director of Public Prosecutio Prose cutions ns who upon upon seeing s eeing the evidence evidence may decide decide to t o take the matter to the court. Za Zambia mbia Police Po lice Service Se rvice (ZPS) (ZPS) The major major function func tion of the Zambia P ol olice ice Service Se rvice is to maintain law and order. It makes sure that peoples fundamental rights are protected and promoted as it carries out its duties. It closely works wor ks with the courts in administe administerr in ing g social order and justice justice..
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Through its Victim Support Unit (VSU), the Police provide services to the community by promoting and protec protecting ting rig r ights hts of the victims victims of abuse or torture. The Police Police apprehend arrests arre sts and prosecutes law breakers brea kers in accordance acco rdance with with the law. law.
Amnee sty International Amn International It is a worldwide self -governing movement of people whose aim is to campaign for internationally recognised human rights.
It does does not seek s eek or accept acc ept any funds funds from government to carry out out its mandate mandate The vision is to ensure that every person enjoys all the human rights enshrined in UDHR and other international human rights instruments It conducts conducts researc rese arch h and ac acti tion on focused on preventing preventing physical physical and m mental ental abuses abuse s of human human rights rights It endeavours to promote integrity, freedom of conscience and expression and freedom from discrimination Caritas Zambia A faith based organisation which is inspired by gospel values and social reaching of the Catholic Church. It promotes integral human development economic justice, human dignity and empowerment of the less privil privilee ged in society soc iety..
It is done through consent conse nt statio stat ion, n, advocac a dvocacy y, researc rese arch, h, tra train inin ing g and ca capac pacity ity bui build ldin ing. g.
11.2 Civil Socie ty and and Media Me dia in Gove rn rnan ance ce 11.2.1 De scribe civil socie s ociety ty organiz organizat ation ion Civil society organisations are non -military, non - governmental gove rnmental organisations organisa tions and individu als who make it their business to promote and defend the basic ideals of good governance outside the government.
11.2.2 Classify Civil Society Society International Organisations
Women Wo men in Law and Development in Africa Afr ica (WIDAF) (WIDA F) Women in Law in Southern Africa (WILSA) (WILSA) The Inter -African Network Ne twork for Human Human Rights Rights and Development Development (AFRON (AFRONET). ET). Transparent ranspare nt International International Zambia Zambia (TIZ). (TIZ). The Media Institute of Southern Africa (MISA). (MISA). Business Associations, Industrial Associations, Professional Associations, Faith Based organisations (FBO‟s). (FBO‟s).
Trade Uni U nions ons and Pressure Pre ssure Groups. Groups.
Pressure Groups Groups
Pressure groups are civil society organisations formed to influence government policy and decisions on a particular subject. They are disbanded upon meeting the objective for which they were established. established.
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Sometimes pressure groups are known as interest groups e.g. the Oasis Forum and the Citizens Forum. Pressure groups usually disband and cease to exist once their objective has been achieved. For in insta stance nce,, the Commi Committe tteee for Clean Campaign (CCC) (CCC ) di disba sbanded nded af after ter the 1996 elections. elections.
Civic Organisations Organisations
Civic organisations are concerned with issues such as civic education, human rights, and good governance. The follo following wing are examples examples of civic civic organisations: organisations :
The Zambia Civic Education Association (ZCEA). (ZCEA). The Foundati Foundation on for Democratic Process Proc ess (FODEP (FODEP). ). The Anti – Voter Voter Apathy Apat hy Programme P rogramme (A (AV VAP) AP ) The NonNon-Governmental Organisations CoCo-ordinating Committee (NGOCC). (NGOCC). Operation Young Vote (OYV) (OYV) The Na Nation tional al Movement Movement Again Aga inst st Corruption Corruption (NAMAC) (NA MAC)
Women’s Groups Groups
Women‟s groups are concerned with promoting and protecting women‟s rights. The following are examples of women‟s groups: groups:
Women for Change (WfC) (WfC) National Women‟ National omen‟ss Lobby Lobby Group Group (NWLG). (NWLG). Young Women‟s Women‟s Christian Associat As sociatio ion n (YWCA). (YWC A). Zambia Allianc Alliancee of Women Women (ZAW) (ZAW) Forum for African Afr ican Women Women Educationalis Educationalists ts of Zambia (F ( FAWEZA). Women in Development (WID). (WID). Society for Women Against AIDS in Zambia (SWAAZ).
Prof Profee ss ional ional Ass ociations ociations
Professional associations are primarily formed by people in a particular profession to promote and protect their professional interests. However, they often act as pressure groups on the government and they educate people on their peopl their ri righ ghts. ts. The foll following are exam e xampl ples es of professi profession onal al association associationss : The Law Associati Ass ociation on of Zambi Zambia (LAZ). (LAZ).
Women Wo men in Law and Develo Deve lopment pment in Africa Afr ica (WILDAF). (WILDA F). The Zambia Zambia Independent Independent Media Media Association (ZIMA). ( ZIMA). The Press Pre ss Associati Ass ociation on of Zambia Zambia (PAZA). Zambiaa Associatio Zambi A ssociation n of Civi Civicc Education Education Teachers eac hers (ZACET). (ZAC ET). Zambia As Associat sociatio ion n of Religious Religious Educatio Educat ion n Teache Tea chers rs (ZARET) (ZAR ET) Languages Teachers eac hers Associati Ass ociation on of Zambia Zambia (LTAZ) (LTAZ) and other other subjec subjectt associati ass ociations. ons.
Industrial Organisations
Industrial organisations are formed by people in the same industry. For example, workers in a manufacturing in industry dustry can form form organisation organisationss to safeguard their their interests. interes ts. They inclu include de::
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The Labour Movement (Trade Unions) Unions) The Zambia Zambia Association of Manufacturers. Manufacturers . (ZAM). (ZAM). The Zambia National Farmers Fa rmers Union Union (ZNFU). (ZN FU). The Zambia Chamber of Commerce and Industry (ZACC). The Zambi Zambiaa Consumers Associati Ass ociation on (ZCA). (ZCA). The Zambia CrossCross -Border Traders Association Association (ZCBTA). (ZCBTA).
Zambia Federa Fe deration tion for f or Women Women in Business (ZFWB). (ZFWB) . The Zambia The Zamb Zambia ia National National Marketeers‟ Marketee rs‟ Associati Ass ociation on (ZANAMA). (ZANAMA ).
Religious Organisations Organisations
Churches and other religious organisations often speak out on governance issues such as constitutional re reform, form, unemploy unemployment ment and corruption. These Thes e organisations in include clude::
The Zambia Evangelical Evangelica l Fell Fe llowship owship (ZEF). The Coun Council cil of Churches in Zambia Zambia (CCZ) (CCZ).. The Catholic Commission for Peace, Justice and Development (CCJPD) now known as Caritas Zambia. Zambia.
Women‟s Christian Christian As Association sociation (YWCA). (YWC A). The Young Women‟s The Young Men‟s Christian Association Ass ociation (YMCA). (Y MCA). The Islamic Islamic Assoc As sociatio iation n of Zambia (LAZ).
11.2.3 Analyse Analyse the rrole ole s of Civil Socie ty in gove gov e rn rnan ance ce Some of the roles roles of the civil society s ociety are a re to: to:
Defend the ideals of democracy by checking the growth of undemocratic tendencies in the policies of the government. government.
To carry out civic education activities and promote public awareness on issues affecting society such as HIV/AIDS, human rights abuses, and poverty. poverty.
Influence public opinion. Civil society organisations use the strategy of advocacy to influence public opinion in favour of specific objectives. For instance, they draw the attention of the government and the general genera l publ public ic to the plig plight ht of the marginalize marginalized d and disadvanta disadvantaged ged people in society. society.
Debate bills and influence amendments or decisions of the Legislature. Civil society organisations conduct seminars s eminars to debate debat e some bills bills and in in this this way, w ay, in influence fluence the dec decisio isions ns of the legislatu legislature. re.
Act as agents of democratic change. For example, by advocating for constitutional reform, gender equality,, and free and fair electio equality elect ions. ns.
Defend and promote human rights and the rule of law. Rule of law means no one is above the law. It also means mea ns givi giving ng equal treatme tre atment nt to all all p people eople before the law. law.
Promote accoun acc ountabili tabilitt y and transparency transpare ncy.. Ensure that the government and other people in authority are accountable to the public. For instance, NAMAC and TIZ focus on issues of corrupti corruption on and advocate advocate for transparency transparency in governance. governance.
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Act as channels through which individuals can participate both in government and community decision--making processes. decision processes.
Act as a link between the community and the government. For instance, civil society organisations often transmit public opinion on various issues to the government. They also explain government pollicies to the po the commu communi nity. ty.
Provide “checks and balances” by criticising bad government policies and suggesting alternative ideas. ideas.
Publicise and articulate the demands of their members. For instance, the National Women‟s Lobby Group demands for a minimum of 30% female representation in parliament and all other leadership and managerial manage rial positi pos itions ons to enhance enhanc e gender gender equi e quity. ty.
11.2.4 Discuss forms of Citizen Participation in governance A citizen citizen can ca n participate in democratic democra tic governance governa nce in many wa ways. ys. This includes includes partition in: in: Political activities: activities: Cas Casting ting a vote in an election elec tion..
Standing for a politi politica ca l office in an election elec tion.. Joining Joini ng and campaig ca mpaigning ning for a politi politica ca l party of one‟s choice. Attendi Atte nding ng a politi politica ca l party mee meeting. ting. Contacting Contactin g a council councillor lor or a Member Member of Parl Par liament iament to raise an issue. issue. Writing Wri ting news ne wspaper paper articles to criticise government policies. policies.
Civil society socie ty activiti activitiee s: s: Joining a civil society socie ty
Orga Organi nising sing or att attending ending seminars. Reading posters and brochures. Taking part in legal demonstrations.
Community activities: activities: Atte Attendi nding ng a communit communit y meetin meet ing g to di disc scuss uss local aff affairs. airs.
Attending a Parent Pare nt Tea eachers chers Associati Ass ociation on meeting meeting at a local school. school. Attending Moul Moulding ding bricks for community projec projects. ts. Signing a petition with other people to express dissatisfaction with a decision made by a local council or a school administration. administration.
Joining a club at a t school sc hool or in the community. community. El Elec ecti ting ng communi community ty leaders eade rs and school prefects. prefects .
11.2.5 Identify diff diffe rent type type s of me me dia. dia.
Media refers ref ers to institutio institutions ns that di diss sseminate eminate in information formation to the public. public. There are two types of news news media. media. These are: a re: print print media media and electr electroni onicc medi media. a. Print Media Media
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The print media relies on printed paper to disseminate information. This is also referred to as the press. The print pri nt med mediia consists consists of period periodiical literature and the dail daily newspapers. It also incl nclud udes es no noti tice ce bo boards, ards, po posters, sters, and brochures (leaflets). (leaflets). The media can also be classified according to ownership. We have the public and the private media. The publ pu bliic medi media is to a large degree owned and control controllled by the state, whil while the private private medi media is own owned ed by individua ind ividuals, ls, private companies and institut institutions ions such as the church. churc h. Examples of the print print media in in Zambia Zambia ar are: e: The Tim Times es of Zambia. Zambia.
The Sunday Times of Zambia. Zambia. The Zambia Daily Mail. Mail. The National Mirror. Mirror. The Post. Post. The Monitor. Monitor. The Guardian. Guardian. The Weekly Angel. Angel. The Speak Out Magazine. Magazine. The Challenge Challenge Magazi Maga zine ne
Electronic Electron ic Me dia dia
The electronic media uses electric and electronic methods to disseminate information. The common ones are television, radi ra dio, o, cinema, vi video, deo, internet interne t (computers) (computers ) and sa satelli tellite. te. Electroni Electr onicc media opera operating ting in Zambia can also be classified clas sified in into to private and a nd public public media. Exampl Exa mples es are are::
The Zambia Na Nation tional al Broadca Br oadcasting sting Corporation Corporat ion (radio (r adio and television station sta tions). s).
Diamond Tv Tv Trinity Tri nity Broadcas Broadc asting ting Ne Network twork (TBN) (TBN )
Radio Phoenix Phoenix Radio Christian Voice Voice Radio Ichengelo Iche ngelo (and (a nd many other other Catholic Catholic Church Churc h communi communitt y radio station sta tions) s) Internet Muvi – TV TV
CBC – TV TV Prime--TV Prime TV
New Agencies New agencie ag enciess are media institutions ins titutions that tha t collect collec t and supply sup ply inf ormation to media houses hou ses (organisation (o rganisations). s). Exampl Exam plee s of News News Age ncies Zambia News and Information Services (ZANIS) formerly the Zambia News Agency (ZANA) and the Zambia Information Information Services Se rvices (ZIS) Natio National nal Agricul Agriculture ture Informati Information on Services Services (NAIS) Reuters
11.2.6 Explain the role of the media in governance
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Some of the roles of the media in governance are as follows: follows:
To inform and educate : Citizens cannot fully participate in governance unless they are well informed. The radio, television, cinema, and the daily newspapers are effective instruments for informing and educating the people and helping to form public opinion. This role is particularly crucial during elections since it is not possible for candidates to visit and talk to every voter. The voters mainly depend on the media to enable them make decisions about the suitability of a particular candidate candid ate or a pol politi itica ca l party‟s party‟s pl plans ans and achievements. achievements.
To act as a watchdog : A free fre e and impartial impartial media is is indispensable indispensable for the successful functioning of a democratic government. It plays the role of a watchdog and a jealous guardian of the rights of citizens by ho holldi ding ng pu publ bliic official officialss accountabl accountablee for their their actions. actions. In a dem democrati ocraticc state, the medi media sho shoul uld d no nott only publicise the activities of the ruling party in a favourable way. It should also investigate and expose the malpractices malpract ices of government and other publ public ic officials. officials.
To promote public debate: The media provides a forum for the expression of views and opinions of both the go both govern vernmen mentt and the peopl people on matters of pu publ bliic interest. The dai dailly newspapers reserve columns for the public to express their views and grievances through “Letters to the Editor”. Some radio and television programmes allow the public to debate community and national issues. The media can ca n also campaign ca mpaign for or or again aga inst st some lea leaders ders or government government policies. policies.
To set the Agenda: The media cannot report everything. They must choose what to report, and what issues to ignore. In this way, the media decides on behalf of the public what is news news and what is not. Consequently, people see the world through the eyes of the media, and this in turn influences people‟s opini opi nions ons about issues. issues . Therefore There fore,, the media plays a key role in fo in forming rming pub public lic opinion opin ion..
11.2.7 Analyse factors that limit media coverage Ownership and control: Those who own and control media organisations tend to use them to serve their own interests. Where the media is owned and controlled by the state, the task of the media is to
unite the people behind the ruling party and its policies. Censorship is widespread and “news” is limited to what government leaders do or say. Even where media organisations are privately owned, the media media is often used as a commercial commercial enterprise. enterprise.
Laws restricting press freedom: Another limitation on the media is in the form of laws that restrict freedom of the press. For instance, under the penal code, it is an offence to publish seditious publiication. publ cation. Sediti Seditiou ouss pu publ bliication cation is any material material that can bri bring ng hatred or contempt contempt against against the government and its leadership. This makes it difficult for the media to report unfavourably on government policies policies and leaders leader s even when they are not not perfor performi ming ng we well ll..
Accessibility: P ublic ublic acces acc esss to the media media is is restricte res tricted d by by various various factors fac tors such suc h as lim limited ited circulation, affordability, high levels of illiteracy, and the discriminatory policies of some media organizations which deliberately deny publicity to people holding views contrary to their own. In Zambia, about 60% of the population lives in rural areas where the circulation of the print media is almost non -
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existent. Therefore, the rural population mainly relies on the radio news from the state owned broadcastin bro adcasting g corporati corporation on altho althoug ugh h this this is also dependen dependentt on the afford a ffordabi abillity of radi radio o sets.
Poor road networks: The media finds it very difficult to go to certain rural places to capture news and cries of the people. Very touching and alarming stories are out there in remote areas but because of the impassable roads such information is not captured to be brought to the attention of the public and the government.
Language limitation: The media usually disseminate information in English thereby denying those who do not know English access to information. Very few programmes are presented in local languages, the print media is even worseworse - almost all the newspapers are in English and you should be aw awar aree that ill illite iterac racy y levels in Zambia Zambia are very hi high. gh.
Physically challenged: The media does not fully cater for the blind and the deaf. There is no news in Braille unless otherwise. Some media houses have tried to bring on board sign language interpreters though lim limite ited d to only only cert c ertain ain programmes.
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 products
Fre Fre e dom of the the Me M e dia dia Freedom of the media is essential essen tial fo forr the media institutions to serve the pub public lic without interf erence or censorship from any quota . Attributes of freedom of the media: media: 1. Free dom of owners ownership hip:: Everyone is free to start or own a media institution such as a newspaper, magazine or broadcastin bro adcasting g station station.. Owne Owners rs of media instituti institutions ons enjoy full property rights. not liv livee in fear of possible possible se seiz izure ure or closure of their institutions institutions by anyone. They do not 2. Freedom of access and publication:
Medi Mediaa practitioners practitioners are free to gather gather and a nd publ publish ish or broadcast information. nformation.
Media practitioners such as journalists and editors also enjoy professional autonomy. They are free to select information information or to reject materi mater ial for publ publicat icatiion or broadcas broadcasti ting. ng.
The media media practitioners practitioners are free to attend and report report (or not report) on any meeting meeting or event.
3. Right of the public to be informed:
The publi publicc enjoy the right right to t o receiv rece ivee fair, full full and objective objective information. information. public also enjoy their right to hear alternative views, including unpopular or disagreeable The views.
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4. Protection of media practitioners from undue restrictions:
Favourable laws are enacted to protect media practitioners from undue restrictions such as prohi pro hibitive bitive licensing requi requirements, rements, di discrim scriminatory inatory taxation taxation and censorship censorship regulati regulation ons. s.
5. Prof Profee s s ional and and res ponsible journalism. ournalism.
Media practitioners prac titioners should shou ld not abuse abu se their freedom freed om of access acce ss to inf ormation to violate other peop le’s le’s privacy priv acy rights or reveal revea l state security se curity secrets.
Disclosing state secrets is criminalcriminal-never do that because you put your lovely country in danger!
Journalists should
Media professionalism also entail balanced coverage of all sectors of society be it the
also avoid engaging in unprofessional practices such as media sensationalism. This means exaggerating exagg erating stories and reporting things that are untrue.
oppositio opposi tion n politi politica ca l parties or ruling ruling partyparty -no biasness in reporting. 11.2.8 Identify factors that hinder the media from disseminating correct information (a) Corruption The media practitioners in some cases are corrupted by individuals and government officials to drive a particul parti cular ar agenda agenda in their their favour favour even when the informatio nformation n is false.
(b) Political pressure The media both private and public are pressurised highly by political forces. This pressure if not contain conta ined ed leads to diss dissemination emination of propagandas to the publi public. c.
(c) Intimidation In most cases, media houses that are perceived to be antianti -government are threatened by the government with closure. This forces the media to report falsehoods hence misleading the general publ pu bliic
(d) Non Non--adherence to standards and ethics : The media at times become unethical in their reporting. They may report unverified unverified in informati formation on that alarms the public public leading to confusion (e) Censorship: The government restricts the operations of the media through editorial policies especially for the public media. Before news items are broadcasted or published, certain government officials read rea d through through and remove remove items that it perc perceives eives confidenti confidentiaa l.
11.3 Economic and Social Development Development 11.3.1 Explain economic and social development development Development Development Development means the process of improving the quality of human life. It also means change from the old to something completely new, or a replacement of the old by the new. Development means there is an improvement in the provision of basic needs. In other words, development is a process of improvement to meet people‟s needs nee ds at all levels, personal, pers onal, local, national or in inter ternationa national. l. Economic Development Development
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Economy is any action that has to do with the production of goods and services. Economic development is closely related to economic growth. Economic growth means an increase in the country‟s productive capacity such suc h as the rise rise in in real rea l national in income come over a period of years. yea rs.
Expansion of agriculture by producing producing surplus products for export. expans expansion ion of manufacturing manufac turing industry industry to process proce ss various products within within the t he country country im improveme provement nt of tec technol hnologies ogies such as eff efficient icient tools tools and machines machines technologies research on new technologies im improved proved skills skills leading to in incre creas ased ed production of goods and a nd se services rvices di disc scovering overing of minera minerall deposits de posits whi w hich ch bring bring into the country taxes, ta xes, royalties and a nd job job crea cr eation tion
Social Development Development
Social developm de velopment ent is the improvement improvement in the standard sta ndard of li livi ving ng of the the people. people. It covers covers a llot ot of things. things. These are: are: acc access ess to basic needs such as food, food, clothi clothing, ng, shelter and a nd clean drinki drinking ng water; wate r;
human rights; rights; good governance; governance; acc access ess to education and health car care; e; and Opportunitiess and choice choicess for each ea ch in indiv dividua idua l to fulfil fulfil his his or her potential. potential. Opportunitie
11.3.2. Discuss Dis cuss ba basic sic hu huma man n nee ds ds Human Needs and Wants
Needs are things human beings require in order to survive or keep the bodies functioning properly. Examples Needs ar aree shelter, she lter, clothin clothing, g, food and medical care c are.. Wants are not really essential for the proper functioning of the body. These are looked at as luxuries, for Wants example motor vehicles, furniture and alcohol. alcohol. Goods and services are very important to everyone. There are certain basic needs that a person cannot do without, such as food, water, shelter, clothing, education and health services. The most basic of all are food, waterr and shelter. wate shelter. We need to eat ea t n nutri utriti tious ous food and drink drink safe and a nd clean water wate r to ke ke ep h hea eallthy. thy. We need shelter to protect us from rain, cold, heat and also provide a place to keep our goods safe. Clothing is im important portant becaus bec ausee it it protec protects ts our bodies bodies from heat hea t and cold. cold. Health services are important to enable us have healthy bodies. We, therefore, need more hospitals to provide basicc health basi health services services to everyone. everyone. Educatio Education n is a key to social social and economi economic develop developmen mentt 11.3.3 Desc De scrib ribee ffactors actors tha thatt aff affe ct produ production ction The factors fact ors of production are land, land, labour, labour, ca capital pital and enterprise. ente rprise.
The purpose of an economic activity is the satisfaction of wants. Any activity which helps to satisfy wants wants is defined as production.
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All activities which assist towards the satisfaction of material wants must be considered to be productive. Production must be understood, therefore, as comprising all activities which provide goods and services which people want. want. Production can only take place if the necessary resources are readily available. We need factories, railways, fa farms, rms, mines mines,, human skills, skills, offices and s hops. Thes Thesee are ca call lled ed economic resources or factors of productio p roduction n.
Land Land
Land compri comprises ses those resources re sources made availabl availablee by nature and found found only on earth, such as: as:
agricultural areas areas natural grasslands, woodlands and forests forests deserts deserts oceans, ocea ns, lakes, lakes, seas sea s and rivers rivers chemica chemi calls of the earth‟s crust and a nd of the atmosphere atmosphere
Labour Labour
Labour is a human effort – physical and mental - which is 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. The peoplle who take part in produ peop producti ction on also con c onsum sumee the produ products cts of labou abourr. It is the servi services ces of labour abour which which are boug bo ught ht and sold sold and not labou labourr itself. The reward rew ard for labou labourr is wages or salaries. The supply of labour depends on two things: things:
The total labour force forc e avail ava ilable. able. The num number ber of hours hours per week the popu population lation is prepared to work. work.
Labour can be classified as skilled, semisemi-skilled or unskilled. Skilled labour is labour which has either mastered a particular craft, such as tool making or has been professionally trained, such as doctors, lawyers, teachers and accountants. SemiSemi-skilled labourers are people who obtained skills to do something in a very short time. It may range from six weeks to any period less than one year e.g. drivers, painters and welders. Unskillee d labour requi Unskill re quires res little little speciali spec ialized zed tra train inin ing. g. For exampl exa mple, e, far farm m labourers, cleaner c leanerss and garden garde n boys. boys. The Efficiency of Labour Labour
Production is not only affected by the size of the labour force and the number of hours a person works, but also by the quality and effective utilisation of the working population. In order to increase the production of goods and se services rvices,, improving improving the efficiency efficienc y of the labour labour force is is very iimportant. mportant. 11.3.4 Des De s cribe cribe factors factors that that af affect fect efficie efficiency ncy of Labour Labour
Productivity refers to the output per worker per unit of time . The efficiency of labour is dependent upon a number num ber of fac factors: tors:
Education and training training
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A person who is educated and has sound technical training would be more effective than one who lacks knowledge. Modern industria industria l operation opera tionss requi re quire re a highl highly y ski s kill lled ed labour force. force . Working conditions conditions The efficiency of labour is influenced by good working conditions and a favourable working environmen environm entt such suc h as a li livi ving ng wa wage, ge, good sanitation sanita tion,, and we well ll ventil ventilate ated d workplaces. workplace s. Welfare Services Services Welfare services are services provided to a worker such as medical care, transport, housing and facilities. facilities. recreation Motivation Motivation Motivation Moti vation in invol volves ves various various in ince centi ntives ves such as monetary monetary reward re ward as a means of stimul stimulatin ating g outp output. ut.
Capital
Capital is a human made resource. It refers to physical assets created in the past and available for present use. Capital includes includes machines and in industria dustriall build buildings ings that contribute to production.
Working Capital Capital Working capital is money a business must have to meet its day to day expenses like paying workers‟ salaries, buying raw materials or stock, paying water, salaries, electricity, telephone bills and so on. It also includes money owed to the business by customers (debtors) and the cash in hand and in the bank. It is money bank. money by which which current assets asse ts (debtors, (debtors, bank, bank, and cash, stock) exceed current liabil abilities ties (creditor‟s bank overdrafts). Working capital consists of money and the stocks of raw materials which contribute to production. The raw materials are used to produce finished goods. This kind of capital is also known as circulating capital. It is important because other forms of current assets keep on changing. For example, raw materials are changed into finished goods which are then exchanged for money. Money is in turn used to buy more raw materials. materials.
Fixed Capital Capital Capital refers to physical assets such as land, buildings, machinery, equipment, fixtures and many others. It also refers to money contributed by shareholders to start a business. This includes the equipment used in production, such as buildings, machinery and transport. This type of capital does not change its form during production production.. Every country has a large stock of fixed capital which consists of houses, schools, hospitals, shops and other types of property which is not concerned conce rned with w ith the production of goods.
Capital Accumulation or Formation Formation
Capital accumulation or formation is the basis of economic and technological progress in any society. Capital accumulation means increasing the production of capital goods in addition to what the country already has. At the same time it means the reduction in the production of consumer goods. For example, Zambia can set up a factory to produce cars for export and not for home use. More cars exported means more foreign exchange earned. If Zambia stops importing luxury goods, it means there will be more foreign exchange which can be used use d to bui build ld more car factories. fact ories. This is known known as capital accumulati a ccumulation on..
11.3.5 11.3 .5 De s cribe fa facto ctors rs which which af affec fectt capital form formation ation
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The foll following factors fac tors affect affe ct capital formation formation
Poverty Poverty This is where wher e people have ha ve nothing nothing at all and ca cannot nnot therefore there fore enter ente r into into any ki kind nd of busines businesss venture. ve nture. Low incomes incomes People who get very low income have little money or nothing to save. In Zambia, many people get very low low incomes, making making it di difficult fficult for them to sa save ve for future use.
Consumption habits habits People eat expensive food, take expensive foreign drinks like brandy and buy expensive cars. This makes them the m save sa ve very little little or nothing nothing at all. all. Thee e xtend Th xte ndee d fam family ily syste m Some people maintain large families and find it difficult to save money. Zambian culture advocates for the extended family system. A person can keep many relatives in addition to his or her family. In such a situation, situation, it would be di difficult fficult for one to sa save ve money money or acqui ac quire re ca capi pital tal for inves investment. tment. No future plans P eople spend more more to t o fulfil fulfil their present pres ent needs, needs , hence end up being extrava extr avagant. gant. Lack La ck of know k nowledge ledge to save for inve inve stment stment Most people do not not have the t he idea idea of savin sa ving g for inves investment. tment. Social status status Some people, especially those in the high income group tend to spend a lot of money on expensive goods like cars and clothes in order to maintain their status in society. This acts as a disincentive to capital ca pital ac accumul cumulation ation because bec ause little little or no money is sa saved. ved. Large quantities of imported finished goods This is also a great impediment to capital accumulation or investment capital since a lot of money is spent on im import porting ing finishe finished d goods goods into the t he country inste instead ad of having them produced produced locally locally.
11.3.6 Desc De scrib ribee financial inancial Institutions Institutions Banking Banking
A bank is a financial institution which provides safe custody of excess monies and gives it to the owners when they need it. Banking helps in the financing of trading activities, or the transfer of funds from one person to another or from one institut institution ion to the other. other. Types of Banks Banks Central Bank
A central bank is the principal institution in a 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. It managess money suppl manage s upply y for the benefit benef it of the country‟s ec econom onomy y. In Zambia, the central bank is called the Bank of Zambia (BOZ). The bank is owned by the Government of the Republic Republic of Zambia. It wa wass es established tablished on the eve of of in independe dependence nce in 1964. 1964. 11.3.7 Analyse Analyse the co contr ntribu ibutions tions of fina financia nciall institutions to e conomic and and social deve lopme lopme nt nt The follo following wing are the main functions of the Central Centra l Bank: Bank:
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Keeping money for commercial banks. It provides all of the banking services to the banking sector; commercial commerc ial banks can c an draw bank bank notes from it. it.
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 Development Planning. It advises the Ministry Min istry on all ki kinds nds of financial financial matters. matte rs.
Issuing out bank notes and coins. It also withdraws mutilated notes from circulation through commercial banks. It regulates money supply in the country. Too much money in circulation can lead to inflation. inflation.
Clear Clearin ing g cheques che ques and tra transfe nsferring rring of money to commercial commerc ial banks. banks . Keeping foreign currencies and selling them to commercial banks and bureaus. This is important for Zambiaa because Zambi beca use the the foreign exchange e xchange has to be di disbursed sbursed to important important sectors sec tors of of developm development. ent.
Conducting ordinary banking business such as cashing government cheques and treasury bills. The Central Bank fixes the minimum amount a person can deposit. This is important in order to control inflation.
Lending money to commercial commerc ial banks as a last resort res ort if they cannot get money money from any other source s ource.. Servicing the national debt. The government, just like individuals, also borrows money from other countries and institutions such as the International Monetary Fund (IMF) the World Bank, the African De Developm velopment ent Bank (ADB) (A DB) or or even from the public public through the sa sale le of bonds.
Commercial Banks
Commercial banks are controlled by central banks. Commercial banks are financial institutions with government gov ernment licences to operate operate in financial financial matters. matte rs. The basic functions functions of a commercial commercial bank are to: to: Collect surplus funds from the general public. public.
Transfer funds from one person to another by means of a cheque or credit card. Lend surplus surplus funds at an interes interestt to customers who borrow. borrow. Advice on a variety of business matters such as investment opportunities, overseas trade information and so on. on.
afte r valuables valuables such suc h as insura insurance nce policies policies , wills, wills, titl titlee deeds dee ds and pre precious cious stones s tones like like gold. gold. Look after Commercial banks attract attra ct deposits from the publ public ic in three main main forms: forms: Current Accounts Accounts Current accounts 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 charge for handling the cheques drawn on these accounts. Holders of current accounts can overdraw their accounts (Overdraft).
Depos it Accounts Accounts These are also called time deposits they earn interest but cannot be transferred by cheque or withdrawn on demand. Normally, a period of notice of withdrawal is required. A savings account is a deposit account. A person keeps money in the bank and receives interests for a period of time. The interest given differs from bank to bank. Each bank fixes a minimum amount of money that deposited should be Money can ca n also be deposited using the automatic teller t eller machines (A (ATM). TM). Large Fixed Term Deposits Banks offer offe r higher higher rat rates es of in inter teres estt on large large sums s ums of money deposited de posited for a fixed fixed period pe riod of time. time.
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Lending Banks are profit making enterprises. Their main source of income is the interest they charge on their loans. Banks lend to all types of enterprise as well as to the government and other public authorities. They also have a large large number of personal per sonal loans. loans. Mone Money y Tran Transmiss smiss ion Services One of the most important services provided by banks is the payment system. A cheque is the main method of bank payments. Other methods include stand standing ing orders, o rders, d direct irect debits a and nd credit c redit cards.
In todaydeductions credit cards canabecustomer‟s used to getaccount goods from areZambia direct pay from by a shops bank or in pay orderfortoservices. pay forStanding a serviceorders to a company or person for the service rendered. The same amount of money is paid at regular intervals th e.g. K50, 000 every 20 of the month. month. Commercial banks stand at the ce centre ntre of busines businesss ac activi tivities ties and promote prosperity pros perity.. By giving loans to enterprises, they help the expansion of industries in the country and the creation of more employmen employ mentt in in industries. dustries. Direct debit is the opposite of the standing order. They are also used to pay for services such as bills. D – D payments are paid at irregul payments irregular ar intervals ntervals and amounts amounts are not fixed. fixed. Merchant Banks Banks
Originally, merchant banks were discount houses houses which were responsible for discounting Bills of Exchange. Exchange . Today their most important function is to contribute to the smooth running of the money market, by guaranteeing the value of proper securities. They have many other activities such as offering advice to clients. They are an important financial intermediary intermediary for industrial concerns or companies. When a company wants to raise new long term capital, it will normally ask a merchant bank to arrange the issue of the shares. In general, the merchant banks play the role of general advisers to their individual clients, guiding them not only in connection with new shares but also on the timing and scale of the investment. A good example is Cavmont Capital Bank. Bank. Other Financial Institutions Institutions
Apart from central, commercial and merchant 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 public and channel them to in industry dustry and the govern govern For Example: Example: The Building Building Na Nation tional al Building Building Society The Develop Deve lopment ment Bank of Zambia Zambia The Savings Bank The Stock Exchange Exchange Building Society Society
The Zambia National Building Society provides long term loans that enable people build or purchase houses. Apart from giving mortgages (loans) for housing it also operates like commercial banks by offering savings accounts. accounts.
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Development Bank The Development Bank of Zambia (DBZ) in Zambia was established by the government to offer long term finance for risky businesses or ventures where other banks are reluctant to provide funds e.g. in agriculture and industrial ndustrial sectors. sec tors. Savings Bank This operates through the Post Office network. It provides savings accounts and basic banking services, particul parti cularly arly to low income ncome group groupss in bo both th urban urban and rural areas. are as. A goo good d exampl example is the National National Savi Saving ngss Bank
– (NATSA (NATSAVE). VE). Stock Exchange The stock exchange is a highly organised market where shares and stocks are bought and sold. The following are some of the functions functions of the stock exchange: exchange:
Provides Provid es a market market for second sec ond hand shares share s Helps comp c ompanies anies or business business to raise new capital. capital. Regulates the prices of shares on the market. Encourages investment investment in securi sec urities. ties. Enables flo f low w of capital for f or productive in industry. dustry.
In Zambia, the stock exchange was established by an Act of Parliament in 1994. It is called the Lusaka Stock Exchange (LuSE). It is regulated and supervised by the Securities and Exchange Commission (SEC). The follo following wing are some examp examples les of compani companies es trading trading on the Lusaka Stock Exchange (LuSE): ( LuSE): Chilanga Cement PLC PLC
Zambia Breweries PLC PLC Zambia Sugar PLC. PLC.
Insurance Many people have life policies for which the insurance company collects premiums annually. The insurance company undertakes undertakes to pay a lump sum either either on a specifi spec ificc date or upon upon the the death of the assured. Ins Insurance urance 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. People who are in insured sured pay money money to the insurance insurance company to compensate compensate those who suffer loss. loss. Insurance is based on the principle of poo pooling ling risk s. In insurance, business is dependent upon the fortunate helping the unfortunate . If you insure your car against theft or accident and nothing happens to it, the premiium paid prem paid wil will be used to help those those whose whose cars get stolen stolen or damaged in road acci acc idents. dents.
Insurance is based on the following main principles: insurable interest, utmost good faith; indemnity and subrogation. subrogation.
Insurable Insurab le Inte Inte rest res t The objective of this principle is to prevent fin financ ancialloss ialloss arising from the loss or destruction of the property pro perty.. Therefore Therefore on onee is no nott allowed allowed to insure nsure another another person‟ person‟s property property because he or she wil will not suffer a financial loss should the property insured get damaged. He or she might also be tempted to cause ca use damage to the p propert roperty y knowing knowing that he or or she is is not a bene beneficiary ficiary in any wa way y.
Utmost good g ood faith faith
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The principle of utmost good faith is concerned with maximum honesty from both parties the insurer (the Insurance Company) and the insured (person taking out insurance). It is important for both parties to disclose all known facts to each other before effecting an insurance policy. Correct information will also help the insurer to arrive at or calculate correct premiums to be paid. However, should the insurance company discover that some information was withheld or given falsely, the contract (insurance policy) policy) will will be declared dec lared null and a nd void void or the insure insurerr will simply simply not pay compensation. compensation.
Indemnity Indemnity The insurer (company) believes in restoring someone or the insured to the position he was in before suffering a financial loss. The insured or the person asking for compensation must neither profit nor make a loss. If, for example, the insured car is damaged in a road traffic accident, the insured (person making the claim) will receive money as compensation and surrender the damaged car (wreck) to the insurance company. company. Subrogation Subrogation The insurance company will only pay if the compensation of the loss suffered was caused by the risk that was covered by the policy and that the cause of the risk is within the precise terms of insurance. For example, if you set your house on fire, the insurance company will not pay compensation because the fire that destroyed the house was not accidental. accidental. Insurable risks are risks that can be insured because there is evidence of their occurrence. Premiums can thus be calculated. calculated.
Insurable Risks Risks These are risks which can be accessed from past records or events and statistical data. Calculation of premium depends on the data available. available. The following following are some of the risks risks that can ca n be insured. insured. dest destruction ruction of propert property y or stock stoc k by fire,
lo losse ssess arising arising from burgl burglary ary or other other cases, cas es, goods in transit transit motor vehicles and third partyclaims arising out of accidents ac cidents Crops in case ca se of drought and floods. floods.
locusts and graingrain- borer borer li lives vestock tock again aga inst st di dise seas ases es such as: foot and mouth, anthrax a nthrax and bird bird flue flue Bad debts. The insured is compensated should his or her debtors fail to pay for goods bought on credit credit
Non-Insurable risk NonThese are risks that have ha ve n no o past pas t records and cannot, therefore, the refore, be calculate calculated. d. The foll following cannot be insured insured because there is is no statistical statistical data to base the claim claim on. Loss of busin business ess due to bad bad management or Fashion change change
The insurance company is called the insurer or underwriter and the person taking out insurance is called the insured . A contract signed between the insurance company and a person insured is called an insurance policy. policy . An insur insuranc ancee policy is a document that sets out the exact terms and conditions of an insurance transaction, the precise preci se risk risk covered, covered, the period period of cover and any exception exceptionss there may be. The money paid is called a premi premium um.. Premiums are normally paid monthly, quarterly and annually. In return for the payment of a premium an insurer or underwriter agrees agrees to compensate the insured in the event of his
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or her suffering a specified loss. Loss of profit due to damage of property or destruction of premises is called consequential loss. loss . A g grea reatt variety of risks risks ca can n be be covered by insurance. An insura insurance nce broker brok er is an independent agent who links clients seeking insurance in touch with insurers who undertake that type of business. business. He or she can advise clients which insurers can offer them the most favourable terms. Often an insurance company has a lot of money that it does not have to spend immediately. As a result, it can give out loans to other companies or buy share sharess from those companies, and thus make a profit. profit. Insurance companies also contribute to national development. In Zambia, there are many insurance companies. One of them is the Zambia State Insurance Corporation (ZSIC). ZSIC has contributed a lot to Zambia‟s developm de velopment ent by paying compensation individua vidua ls for damages to their properties. properties. compensation to companies and indi Some insurance companies specialise in one type of insurance such as life assurance and motor vehicle insurance.. Other insurance insurance insurance companies companies offer cover in in many types of insurance.
11.3.7 State the types of insura insurance nce cove co ve r iin n nationa nationall d dee ve lopment lopment Types of Insurance Cover Motor Vehicle Insurance Policy The insurance company promises to compensate the insured if his or her car is lost or damaged through theft, fire or ac accident. cident. It I t also covers liabilit liability y in the case ca se of of death dea th or inj injury ury to property prope rty invol involvi ving ng the insure insured d car. c ar.
This can be div divided ided in into to three t hree classe clas ses: s: Third Party Insurance
This is compulsory under the Road Traffic Act for all motor vehicles. No licence 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. Anyone else apart from the car owner‟s passengers injured in an accident is the third party. The insurance covers the person injured but not the property damaged. If a car knocks down andtion. he .or she is injured, the insurance company will pay for medical expenses of the person inj injured, ured,a pedestrian and compensation compensa Full Third Party
This type of insurance covers all damages, including the third party‟s property. It also covers passengers in one‟s own car ca r except exc ept one‟s im immediate mediate family family or employee employees. s. Comprehensive Insurance
This covers all the above and also damage to one‟s own vehicle. Medical expenses of the driver and passengers wil will also be paid. paid. This This type type of insurance nsurance attracts very high high prem premiium. um. Premiu Premium m and po pollicy conditions vary from one company to another. The premium paid depends on the value of the motor vehicle insured. The higher the value of the motor vehicle, the higher the premium. Careful drivers are given a reduction in premium, called a no claim bonus for each consecutive year the policy runs without a claim against it. The premium premium will will be reduce reduced d by a certai certa in percentage. percentage . This This encourages saf safee drivi driving. ng.
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Employers Liability This covers cover s compensation compensa tion to the employee employeess should they sustain susta in inju injury, ry, get sick or die die whi w hile le on duty. duty. Fidelity guarantee policy Many employers take out this type of insurance to protect their employees who are entrusted to handle money. It protects employees employees from possibl possiblee fraud and misappro misappropriat priation ion of fund funds. s. Bad debts debts The insure insured d is compensated compensa ted should his his or her customers cus tomers fail to pay for goods boug bought ht on cre credi dit. t.
Lif Lifee Ass ur uran ance ce This provides cover against an event that will definitely occur, e.g. death. Life policies are sold by insurance agents. These act on behalf of companies and never handle premiums. They are paid a commission depending on the number of clients they have found. Life assurance can take many forms. The insurer agrees to pay out a certain sum, called the sum assured, to a person‟s family after death. A medical examination is sometimes required. The sum assured will determine the premium a person will pay. The older a person is, the greater the premium is to pay; the younger a person is the less the premiium. prem um. After premiums have been paid on a life policy for a number of years it will have some value. This is called surrende surrenderr value . This is the amount of refund which will be made by an insurance company if the poli policy cy wa wass cance ca ncell lled. ed. To claim, the insured must complete a claim form and send it to the insurance company. The insurance company will make whatever enquiries deemed necessary and then send a cheque to the insured for the exact e xact amount amount to be be paid. paid.
Life Policie Life Policie s The following following are some of the life life policies policies :
Whole life This policy will pay a certain amount of premium agreed upon to the person for his entire working life until he or she retires or dies. The sum assured is for the family or people who remain behind.
These are dependants or the beneficiaries. beneficiaries.
Terms Policy Policy This covers someone for only a fixed period of time. It is temporary. If, for example the person assured dies within the period of cover the money is paid to dependants. But if there is no death no money is paid. paid.
Life Endowment Policy Policy The assured is covered for a specified period of time for example twenty years. If the assured dies before befo re the po pollicy matures, matures, money money is paid paid to hi hiss or her dependant dependants. s. If he or she lives beyond beyond the maturity,, the sum assure maturity as sured d is paid pa id to him him or her personall persona lly y.
11.3.8 State the role of the informal sector in national development
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Employment can be formal or informal. The formal sector includes the government, public enterprises, private companies and commercial farming. The informal sector is made up of subsistence farmers and individuals who make a li livi ving ng by doing doing private work w ork either individua individua lly or in in a group. 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 individua ind ividuals ls are looki looking ng for employment employment and are rea ready dy to se sell ll their labour for a wa wage. ge. It is now recognized that the informal sector takes more people. This sector contributes greatly to the economic development of the country. For example, farming can employ many people. The more people take up farming; the better is the agricultural production. More food is produced for consumption and the surplus crops are exported exported oversea overs eass to make make the country country earn ear n foreign exchange. e xchange. The advantage of the informal sector is that it takes a larger number of people compared to the formal sector. People are able to generate income for their own livelihood or survival. As a result poverty levels are reduced in the country. country. The informal sector has continued to increase production of goods and services in Zambia. It has provided training schemes for youths outside schools and colleges. It has provided necessary infrastructure such as buiildi bu ding ngs, s, shopp shoppiing centres, transport transport and commun communiication. cation. The info nformal rmal sector has also promo promoted ted acce accessib ssiblle cr credit edit facilities. facilities. It has improved improved production pr oduction in subsistence subsiste nce far farmi ming. ng.
11.3.9 Explain the importance of positive work culture in economic and social development development Work Culture
By work culture we mean the attitudes and values of people towards work. There can be negative or positive work culture. culture. The follo following wing are the character chara cteriistics of a negative negative work culture: culture:
a person employed in the formal or informal sector does not want to work hard but would like to be paid pai d for doing doing very littl littlee
a per person son spends most of the time time doing nothing nothing or playing playing about up to the end of the day‟s work An individual cannot work without being supervised. Sometimes work pends for days or even months due to laziness and negative attitude towards work.
This negative attitude can destroy the country and make it poor even though it has abundant resources. There is also lack of initiative to find what to do for one to earn money. In Zambia, there is a tendency to wait for formal employment employment for one to ea earn rn a lliv ivin ing g and yet one can be productive by being self -employed . Pe Peopl oplee tend to have negative negative attitudes attitudes towards certain ce rtain jobs jobs such s uch as manual manual work. w ork. Positive work culture culture is when one: works hard to ac achi hieve eve productivity product ivity tar targets gets within a given given time time
Does not wait for supervision. Once work has been assigned he or she makes sure that the task is
completed complet ed in time time
Earns Ear ns a li livi ving ng through hard work and putting putting maximum maximum eff effort ort to compete any assigned task. tas k.\\ Fee Feels ls committed committed to work. work.
Uses es indi individua vidua l ini initiat tiativ ivee to do do what is required required rat rather her than wait w ait to be told every eve ry what to do do.. Us
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Importance of Positive Positive Work Culture Culture The attitude of people towards work is very important because the survival and development of a society depends on the the work of its its members. Good Good work w ork culture culture determines determines the productivity productivity of workers workers..
A society with a positive work culture has very high productivity and a lot of goods and services are available. This can make a country produce surplus goods for export and earn foreign exchange. A good example is the produ pro ducti ction on of surpl surplus maize maize in Zambi Zambia du duri ring ng the 20 2003 03 – 20 2004 04 season seas ons. s. Zambi Zambia was able able to expo export rt maize maize to neighbouri neighb ouring ng countries due to surplus maiz ma izee production production by far farmers mers.. Causes of negative work culture Lack of pride in one‟s work. work.
P oor workmanship in the production production of goods. goods.
11.4 Zambia ambia’’s Legal Le gal Sy Syss tem te m 11.4.1 Describe Law Law The Law Law
The Law is a set of rules, which a society develops for itself to control the behaviour of its members to one another. It also includes the meting out of punishment to members of society that do not abide by the rules and the awarding of compensation to people who have been wronged. Without law, society as we know it would be impossible because freedom without boundaries results in anarchy, which means total confusion. confusion . From the time that human bein be ings gs are a re born, born, their the ir liv lives es,, ssafe afety ty,, health and peace peac e are controlled controlled by law. law. Rules which make up laws, the institutions that administer the Laws, the principles, ideas, theories, practices, procedures pro cedures and techn tec hniiqu ques es that devel develop op ov over er the years in dealing dealing with with the llaw aw make make up a legal system. system. 11.4.2 Discuss elements of a good legal system system Elements of a Good Good Legal Leg al System System
A good legal system is one that serves members of its society fairly and justly without violating their rights. There are a re six core elements that shou s hould ld be prese present nt in a good good legal system. A good good llegal egal system has to be: be:
Simple : A law has to be simply written, in a language that can be easily understood by a large section of society. The form of language and the level of difficulty should suit the needs of the majority of citizens. citizens.
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. It should not be constantly formulating formu lating new laws as wrongful wrongful acts a cts take pl place ace..
Certain: Citizens ought to know clearly what is prohibited by law. A law should not be so ambiguous ambiguous that it is only fully understood and interpreted by a small number of people in society. It should therefore be documented so that it is possible to refer to it and that it should be clear to everyone who consults it. it.
Accessible : It should be readily available to members of the public. This means that it should also be affordable. If citizens come into conflict with the law, they should be able to afford legal
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representation. Similarly, a wronged person should be able to readily access legal means of having their problem dealt with. If the legal system is not affordable, then it excludes a large number of peoplle. peop e.
Flexible : Laws have to keep up with social change and therefore, they should change with time. If a type of dispute which was not there previously comes up, the law should change to take care of any new challenge challenge.. If it does not, then it is is rejecting rejec ting change. cha nge. A good law law shoul s hould d not reject re ject change. cha nge.
Moral Values : The law should be based on the moral values of society. If laws do not reflect society‟s core values, values, citizens citizens are unli unlikely kely to res respec pectt and uphold uphold it. it.
11.4.3 Describe sources of Law in Zambia Zambia Sources of law are the starting point to refer to in order to find what the law says when one is faced with a legal problem. Zambia has a dual legal system system and relies on the t he English English Law and African Afr ican Customary Cus tomary Law. Law. English Law Sources Common Law is one of the English Laws that Zambia has adopted. Common Law is the law that started from 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 the country to hear cases and to codify them by putting them into a system of rules and principles. From that exercise, some common rules of law were identified and came to be known as English Common Law. England later applied this law to its colonies such as Zambia. Therefore, the English Common Law is one of the sources of the Zambian Law.
Legislation Legislation or statutes is the largest source of law in Zambia. These are laws enacted by parliament. All powers powers to make laws are vested vest ed in parliam parliament. ent. There are three types types of laws made by legisl legislat ation. ion.
The Constitution The Constitution is the supreme law of the land. Article 1 Paragraph 3 of the 1996 amended Zambian Constitution states out its supremacy. It states. ‘This Constitution is the supreme law of Zambia and if any other law is inconsistency of this law, that other law will be declared void’ This means that if any law does not conform with the constitution, then that law becomes void, voi d, which means mea ns invalid. invalid.
Acts of Parliament Parliam ent Acts of Parliament are laws made through bills passed by the National Assembly and assented to by the President. The National Assembly and the President together make up Parliament. The process starts with the presentation of a bill in the National Assembly and passes through three reading stages before being presented to the President to either assent or withhold his or her assent. If he or she assents, the bill is gaze gazetted tted and and becomes law. If he or she withholds his or her assent, the bill is sent back to the National Assembly. The National Assembly can either debate 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 either assent or dissolve Parliament to pave way for new elections. elections.
Delegated Delega ted or Subsidiary Subsidiary Legislation
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Delegated or subsidiary legislation are laws delegated to the Executive wing of the government to make as provided for in an act of parliament. The law recognized that it would not be possible for parliament to make all laws. Therefore, parliament has allowed government ministers to make laws. For example, the Education Act allows the Minister of Education, through consultations to issue government circulars that become law. For instance, she or he could pass pas s a law that abolishe abolishess the we wearing aring of uni uniforms forms in school schools. s.
Ca Case se Law Law This is the second largest source of law in Zambia. It is also known as Law Reports Repor ts or Judic Judicial ial Preced Pr ecedent ent . This is when, in disposing of a case, the court refers to how a similar case was decided upon by a superior court. In Zambia, superior courts are the Supreme Court, the Constitutional Court, the High Court and the Industrial Relations Court. The Supreme Court and the Constitutional Court enjoy the same status apart from the differences in their jurisdictions. The High Court and the Industrial Relations Court are at the same level, the difference is in the type of matters they handle. The High Court handles criminal and civil cases while the Industrial Relations Court handles employment or labour disputes. The three courts handle appeal cases and are therefore known as appellantt courts appellan courts.. The Magistrate Courts and the Local Courts are lower courts. The decisions of the appellant courts are reported in the Zambia Law Reports. Decisions of the appellant courts are binding on subordinate courts. For example, if a case handled by the Supreme Court is recorded in the Law Reports, this decision is binding on the High Court and the Industrial Relations Court. The im imaginary aginary ca case se below il illu lustr strate atess this poi point: nt: Case Laws are important because they: they:
Save time as there is no need for a whole new research. Show respe re spect ct to the judges judges who made the previous decisio dec isions. ns. Ensure equality, uniformity and stability in the law. If a murder case takes place and a decision is made, when another murder case takes place in similar circumstances the same decision as the first first murder murder ca case se shoul should apply apply regardless of who committed committed the offence.
International Treaties In the Chapter on Human Rights, you learnt that Zambia has signed several international treaties. Contents of these treaties are also sources of law. However, these treaties do not
automatically become law in Zambia unless an Act of Parliament domesticates domesticates them; meaningmeaning- in includes cludes them in the Zambian Zambian Stat S tatutes utes.. Note: Intern Internationa ationall llaw aw classifie clas sifiess countries countrie s (States) into monists and du dualists. alists. Dualist Countries Co untries recognises recogn ises Internationa Intern ationall Law as law la w but doe s not apply directly on the th e Country not no t until it is domesticated do mesticated throug through h an Act of Parliament while Monist Mo nist countries cou ntries considers con siders Internationa Intern ationall and domestic law as one. one .
Customary Law Law Customar Customary y Law La w is derived from custom, cust om, which is the practice pract ice of doing doing things things in society soc iety.. These practices differ from the ones in Statutory Instruments Instruments because because they are not written and not codified . Before Zambia was colonized, the indigenous people were using their customs, most of which have been in in use from prehistoric times times,, as a s their law.
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For a custom to be recognized and enforced by the courts as law, it must be in existence for a long time, sometimes over centuries and it must be freely accepted by most citizens for it to be bi bindi nding ng on them. them. Most Zambi Zambians are governed governed by customary customary law in in their personal affa affaiirs.
The local courts which administer customary law are located all over the country and they are ar e the ones commonly used use d by the less privilege privileged d and the vuln vulner erable able in society society.. They are easily accessible and conducted mainly in local languages, although English is also allowed. As a result, local courts hear 80% of the total cases brought before all the courts in the court system annually. Customary law is also applied in traditional courts, which are presid pres ided ed over by by tra tradi dition tionaa l rulers. Customary law uses advisors who are called assessors to give advice on particular matters. These assessors are not extra Justice Justicess but play the role of a consultant . For example, if a court is about to hear a case involving a Lamba customary law, it could invite a Lamba person of sui suitabl tablee character and social social status to sit as an assessor for that particular case only. The advice of assessors is given in open court so that everyone can hear it and that the persons concerned shall be able to respond or bring evidence on matters after such advice is given. given.
11.4.4 Ex in crimina crim inall examined an and d civil case s ed in a court A case Expla is aplain matter b being eing or j udged udg co urt of law. Civil Case
A civil case is a wrongful act that affects only the individuals or parties involved. It is any case that does not have a criminal element. For example, failing to settle a debt has no criminal element in it but the person who owes money can be sued in a civil case and the courts will compel him or her to repay the debt. Civil law is sub--divided into several sections. For example, Family Law, Employment Law, Law of Contract, Law of Tort, sub Land Law, Admini Adminiss trat ive Law and many many more. more. A crime is any wrongful act or omission in society, which the particular society thinks affects the interest of all members. members. Ele ments of a Crime Elements Crime Every crime has two elements:
i. The Wrongful act or omission, which creates the offence such as rape, burglary or defilement, has an element of physical act taking place . In a theft, there is the taking away of defilement, something and keeping it while in murder; there is the action of killing. This physical act is called actus reus in Latin. ii ii.. The intention or desire to cause harm, loss or injury known as the guilty state or blameworthy state of mind on the part of the offender. The Latin phrase for this is mens rea, which simply simpl y means a guilty a guilty mind or o r malice af orethought. orethoug ht. Broadly, crimes are classified into: into:
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Crimes of Specific Intent
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These are crimes that are committed with a specific intention. For example, wounding someone to cause grievous harm, theft, burglary, and robbery are crimes of specific intent. A person who beats another to the extent where she or he causes grievous bodily harm intended to do that. Or a person taking someone‟s property without the owner‟s owner ‟s permission or knowledge and then kee keepi ping ng it is is a deli delibera berate te ac act. t.
Crim Crimes es of Basic Intent
These are crimes committed through recklessness or on a sudden impulse such as driving past a red traffic tra ffic lligh ightt (robot), not stopping stopping at a stop sign, sign, excee exc eedi ding ng the speed spee d limi limitt or manslaughter. manslaughter. Specifi Spec ifica cally, lly, crim c rimes es are a re classified clas sified into: into:
Misdemean Misdemeanours ours
These are petty crimes crimes ssuch uch as common common assault, ass ault, indece indecent nt exposure, pick - pocketing pocketing or litteri littering. ng.
Statutory Crimes Crimes
Felonies Felonies These are serious serious crim crimes es such as murder murder,, treason, trea son, aggravated robbery, robbery, defil defilement ement or rape.
These are crimes that are committed contrary to what is contained in statutory instruments, such as voting votin g twice in an election elec tion,, rigging rigging an election elec tion or failin failing g to pay tax. 1. Rights of a Suspect in a Pre -trial procedure
A susp suspect ect is a person believed to have come in conflict with the law or is simply the accused . Every Zambian citizen‟ss right to lib citizen‟ libert erty y is guarantee guara nteed d in Article Art icle 13 of the Constitution. Constituti on. There are derogations , meaning exceptions to the right.One of them is that liberty may be taken away from a person who is reasonably suspected of having committed or about to commit a criminal offence. In this this case ca se the person‟s person‟s li liberty will will be taken away through through the ac actt of of arrest . In order to make an arrest the Police officer should touch or confine the body of the person being arrested. If the person being arrested resists the Police are allowed by law to use reasonable force necessary to effect an arrest.
Detention for Questioning: Questioning: Police have no power to detain a person for questioning unless he/she is arrested for criminal offence and informed informed of the reasons reas ons for the detention. detention. A person pers on detained for ca can n compel P ol olice ice to rea reali lise se him/her him/her or formally arr arres estt him/her. him/her. If the relatives of the detainee know where he/she is, they could secure his/her freedom through habeas corpus. It is illegal for Police to detain relatives of suspects as hostages in order to compel suspects to turn themselves in.
Compensation for False Imprisonment Imprisonment A person who is unlawfully arrested or detained can sue for compensation for false imprisonment through the courts of law. law.
the police falsely imprisoned a person, that person can sue the state through the Attorney General, If who is the government‟s government‟s legal represe repre sentative. ntative.
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Interrogation Interrogation Though the Police are allowed to question persons who may be suspected of having committed the offence, such persons are a re under under no obli obligation gation to answer . The police have no powers to use force to draw out statements from suspects. Article 15 of the 1996 Amended Zambian Constitution states that, “ A “ A person pers on shall not be subj ected to torture or to inhuman or degrading punishment or other like treatmen t.” This is the only right that has no derogation. This simply implies that torture of suspects is not allowed under any circumstances. A tortured suspect can sue the state for compensation.
Judgess ’ rrule Judge ule The rule that requires the Police to inform the accused of her/his right to remain silent if he/she wishes and if he/she wishes and that if he/she said anything , the statement may be used as evidence against him/her during trial. The Judges‟ rule also provides that the accused to be allowed to consult lawyers or other legal practiti practi tion oners ers even when placed placed un under der custody custody.
Law of Bail Bail A person arrested, detained or appearing before the court may, while in custody, or at any stage of the proceedin pro ceedings, gs, apply apply for bail bail.. Bail is the sum of money an accused person pays as security that he/she will appear before the court untill the case unti ca se is is di dispose sposed d of. of . Bail may be secured by providing sureties , who are persons that go before the court to swear that they will make sure the accused person does not run away and that will appear in court whenever he/she is required to do so. Sometimes if the accused is a respectable member of society does not have to provide sureties and can hence be granted bail in his/her cognisance. This means that being aware or having conscious knowledge. In case of being granted bail in one‟s own Cognisance, the accused is fully aware of the consequences of absc abscondi onding ng from court. In Zambian Zambian law, bail bail is not not granted in criminal criminal ca case sess such suc h as treason, aggravated robbery or murder .
2. Rights Rig hts of o f aother Sus Sus pect pec t at the th Trial riaaccused l Stage Stage person during trial, there are three basic principles of criminal Apart from rights ofe an procedure: pro cedure: The defendant (suspect) is presumed innocent until proven pr oven guilty guilty by the court of law. law. The Burden of Proof Proof is the duty that lies on prosecution to prove the criminal allegation labelled against the accused. The burden of proof is based on the rule of of he he who alleges must prove. The accused acc used does does not have to say anything anything in his or her defence. defence . The Standard of Proof Proof is the weight of evidence the prosecution must produce in order to establish the alleged crime. The Standard of Proof should should be beyond reas re asonable onable doubt. doubt. Other rights are: i. Fair Trial Trial and an Impartial Impartial Judge Judg e
The Zambian Constitution provides that any person charged with a criminal offence shall be afforded a fair hearing within a reasonable time by an impartial and independent court es established tablished by law.
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The princ principle iple of natural natur al ju justice stice states that no one should be a judge in his/her own case and that and that both sides of the case should should be heard.
Where a judg judgee feels fee ls he/she he/she has intere interest st in case should should excuse him or hers herself elf from hand handlling it.
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Right to a speedy and Public : The justice system operates on the principle that justice delayed is justice denied , which means that not getting a speedy trial is tantamount (as good as) to not getting justice at all.
Delays in trials undermine the rule of law as law as people lose confidence in the justice system by so doing people resort to resolving cases through unlawful means such as instant justice and vendettas.
iii.
Right to Silence
The Burden of Proof lies solely on the prosecution the accused therefore has the right to remain silent.
The accused may therefore choose to be silent by not taking the stand in the witness box box and giving an oath.
The accused may choose to give an unsworn an unsworn statement statement from from the dock.
The dock is the sitting sitting pl place ace for the accused accuse d person (s) in a crimi criminal court procedure.
The right to silence pro protects tects the accused against against incriminating oneself also extends to not answering answ ering questions from the P ol olice. ice.
iv.
Protection Against Double Jeopardy
This means that an accused person cannot be tried again for an offence of which he or she has been acqu ac quiitted.
If a person has been acquitted of murder s/he cannot be tried on a lesser charge of manslaughter.
v.
If the prosecution decides to try the person for murder and gets acquitted, the prosecution cannot later institute a lesser crime of manslaughter just to secure a conviction unless in a nolle prosequi. prosequi. Protection Against Ex Post Facto Law
This means that if a person commits a wrongful act which at the time does not constitute a crime, crim e, he or or she cannot be tried tried at a later later stage sta ge when that wrongful ac actt becomes becomes a cri cr ime.
Thi Thiss means that a law law crea c reatin ting g a crimin criminal al offence cannot c annot be backdated.
vi.
Right to Examine and Cross -Exam Examin inee Witne itne ss e s
The defendant has the right to question the witnesses presented by the prosecution and examine exami ne hi hiss or her own witnesse witnesses. s.
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The method of examination used in the Zambian courts is the question and answer method that tries to elicit orderly and consistent stories, thereby avoiding the witness saying things that are not allowed allowed as evidence evidence in a court of law. law.
vii.
The Right to an Attorney
Both the civil civil and criminal criminal trials in the Zambian courts c ourts are a re b bas ased ed on an adversary procedur p roceduree . is a system where the prosecution and the defence treat each other as opponents but not This enemies.
If one is too poor to afford a lawyer, the state should provide one through the Legal Aid Department of the Mini Ministry stry of Justice Justice..
The Legal Aid Department is mandated to provide legal services to all persons accused of offences that are supposed supposed to be tried in the appell appellant ant courts.
viii.
Right to Defend Oneself
Article 18 Paragraph 2 Section C of the Zambian Constitution requires that the accused be given enough time to provide for his or her defence.
In Zambia, this rarely as the the defence accused merely are usually in to custody andution‟ are not given chance to collect col lect evi e vidence dence andhappens as a result reacts re acts the prosec prosecuti on‟s s witness witn esses. es.
There is little independent questioning of the witnesses, visits to the scene of the crime, alibi , which is proof that the person accused of a crime was in another place from where the crime took plac placee and that the person could could not have comm c ommitted itted the crime.
3. Rights of a Convicted Person at a Post -Trial Stage Right of Appeal Appeal A convict has the right to appeal to higher higher courts if not satisfied sat isfied with the d dec ecisi ision on of the llower ower court. c ourt. This ensures that any error that may have been made in the lower courts can be corrected by an appellant court. The convicte convicted d person pe rson should be informed informed of his his or her her right to appeal at the end of the trial.
Other right rightss of the Accused Accuse d Article 18 of the 1996 Amended Constitution of Zambia guarantees the following additional rights to the accused: accused: Right not to be tried for a criminal offence for which he or she has been pardoned by the Head of State. Right to have an interpreter if he or she does not understand the language being used during the proceedin pro ceedings. gs. Right to be given a copy of the record of the proceedings made by the court within a reasonable time of judgement. Right not to be convicted of a criminal offence unless that offence is defined and the penalty written in law.
11.4.5 De s cribe cribe the trial s tages in a crimina criminall jjustice ustice pr proce oce s s in the Zamb Zambian ian Legal Le gal S Syste yste m Arrest Arrest
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Arrest is when the accused person is taken into custody with or without a warrant. An accused person may be arrested with a warrant, obtained from a court of law, for offences such as poaching from restricted areas. A cognizable offence such as theft allows arrest without a warrant. Arrest for traffic offences such as careless drivi driving ng is done by court summons. summons . Plea Plea is when the charge against the accused is read. It is the first appearance in a court. 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. guilty . If he or she denies the charge then a plea of not guilty guilty is taken. The plea is recorded rec orded if the accused accuse d admits admits the charge. The prosec prosec utor will will rea read d the facts fa cts of the case to the accused. If the facts are also admitted, the court convicts the accused. The prosecutor produces and reads previous records of conviction, if any. The accused accepts or denies these previous convictions. Mitigation then follows with the accused asking the court for leniency. Then a sentence is passed. If the accused ac cused denies denies the charge, a plea of not not guilty guilty is recorded and a date is is set s et for trial trial Trial The trial stage has the prosecu the prosecution and defence parts to it. it. tion and defence parts The prosecution‟s case is when the prosecution calls their witnesses, known as prosecution witnesses. Each witness‟s narration is known as examination in chief . It is meant to build the case against the accused. Each witness may be cross examined by the accused and his or her legal representative who are known as the defence. They try to destroy the evidence given by the prosecutor‟s witness. After cross--examination, the prosecution recross re -examines the witness to try to correct the damage done by the Defence‟s crosscross-examination, if any. Then the prosecutor closes his or her case by summarizing the main points of the case and urging the court to convict the accused. The court will then 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 as prima facie, fa cie, then the accused is put on her or his defence. - The Defence will then bring in their own witnesses known as defence witnesses witnesses whose narration of events will be the defence‟s examination in chief. The prosecution will then cross -examine the defence‟s witness to try to destroy the evidence offered by the witnesses‟ account. The defence will then rere-examine to control damage done by the cross examination, if any. The defence will also close their case ca se urging urging the court to find find the accused ac cused inno innocent. cent.
Both the prosecution and the defence will make what is known as final submissions by addressing the magistrate or the judge with their strong points.
Judgment. The magistr magistrate ate or judge judge will will then deliver deliver ju judgment, dgment, which is the final final rrul ulin ing g or v verdict. erdict.
Records of Previous Convictions The prosecutor will then read to the court any previous convictions. The defendant will either accept or reject these.
Mitigation If the defendant is found guilty and convicted, he or she will then be required to provide reasons why he or she should be gi given ven a llenient enient se sentenc ntence. e. This is call ca lled ed mitigat mitigation. ion.
Sentencing The magistrate or judge will then sentence the accused, guided by the three principles of sentencing which are: are: i. Retribution Retribution - meant to puni punish sh the offender especiall e specially y in rape cas cases. es.
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Deterrent - meant to prevent the offender or other would be offenders from committing the crime. crime.
iii.
Reformation Refo rmation or rehabilitation - meant to reform the offender in order to return to a decent life. This punishm punishmen entt is mainly mainly applied applied to ju juvenil venilee offenders offende rs and a nd first offe offenders nders
11.4.6 Discuss capital punishment punishment The Death Penalty Penalty
The death penalty is the taking away of someone‟s life. That is the reason why it is referred to as „punishment beyond beyo nd pu puni nishm shment‟. ent‟. Mandatory Mandatory sentences requi require jud udges ges to impose mpose identi dentical cal sentences on all persons persons convicted of the sa same me offence. offenc e. This This is also called "fitting "fitting the punishme punishment nt to the crime." crime." In terms of a crime the highest form of punishment is the death penalty. When a court of law passes the death penalty penal ty on an offender offender,, he or she becomes becomes a condemn condemned ed person. person. They are referred to as condemn condemned ed because they pay for the crime they committed with their lives, which is the ultimate punishment that can be meted out on a human being. The death penalty has been with mankind ever since the formation of societies and the beginning of law in whatever forms it took. The methods of execution are many and varied. As societies advanced so have the methods of executions, from the most primitive method of burning a person to death to the most sophisticated method of lethal injection. injection. Crimes that are Punishable by Death Death Very serious crimes are punished by death. However, a crime in one country is not necessarily a crime in another. Similarly, what is considered a terrible crime worth of the death penalty in one country might not warrant death in another country. For example, in countries which follow the Islamic Sharia Law, getting pregnant pregn ant ou outsi tside de marriage marriage is an offence offence pu puni nishabl shablee by death whil while in mo most st coun countri tries es it is disappro disapproved ved bu butt is not even classified as a crime. In the Zambian Penal Code, murder, treason and aggravated robbery are feloniies currently li felon listed sted as crimes crimes whose mandatory sentence is the the death penalty. penalty. Arguments for and against Capital Punishment: Punishment: Argumee nts for abolition Argum abolition of the Death De ath pe pe na nalty lty
Arguments for maintaining the Death Penalty Taking an offender‟s life is a more severe puni nishm shment ent than a p pri rison son sentence. The death penalty promotes promotes the acce a cceptance ptance of viol violence ence by pu society because the government which is supposed to uphold the sanctity and dignity of life, also commits a viol violet et act again a gainst st the person they execute. The death penalty is a violation of the United nations The death penalty will prevent future wouldwouldHuman Rights, right to life, which is a fundamental be offend offenders ers no nott to commi committ the crim crimee and the human right and that the methods of execution are executed person on being removed from violat viol ation ion of the the Right Right not to be subjected to torture torture or an anyy society, will not commit the same offence or cruel, inhuman or degrading punishment. The United similar offence again. Nations Natio ns states that this this ri righ ghtt is on onee of the few ri righ ghts ts where there is no derogati derogation on at al a ll. De Despite spite the death dea th penalty being there t here,, s ince time Life im imprisonm prisonment ent is not punishment punishment enough
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immemorial, it has not prevented other people from for killers and besides, some people serving committing murder and other serious crimes that are life sentences are pardoned and in no time are puni pu nishabl shablee by death. They say that studi studies have shown shown back on on the the stree streets ts where they can ki killl again again.. that people who commit murder are rarely rational at the moment. Such people probably have mental problems or they do it out of a moment of uncontrollable rage. People who do not kill stop themselves out of a sense of reason and not because there is the threat of a death penalty. It is irrevocable and the risk of executing an innocent person is always always there. History History has proved proved that even e ven the most sophisticated legal systems in the world are not hundred per cent perfect and studies have shown that innocent people have been executed. The finality of the death penalty requires a perfect judgment of the people involved in the legal system. For example, in the United States of America, which has sophisticated legal, it has been di discovered scovered that inn nnocent ocent peopl people have been sentenced to death on numerous occasions. A study conducted by the Law School of Columbia University, on death sentences passed between 1973 and 1995 found that they were persistently and systematically fraught with error. It concluded that courts had found serious errors in 68% of the 4, 578 of the cases reviewed. This translates that out of 4, 578 death penalty cases 3, 113 cases had serious errors meaning 3, 113 people would have been be en killed killed for a crime c rime they did did not do. The death penalty is symptom of a culture of violence not solution to it and that civilised society‟s task is to maintain a system of justice based purely on laws not on emotions. The death penalty is especially brutal and coldcold - bloo blooded ded form of killing because there is no passion or heat of the moment invol involved ved in the process. proces s. The death penalty may make terrorists martyrs in the eye of their supporters. Rather than the death penalty, society should begin to look into the motives of the killers and the pressures that these put them through. For example, the reasons that in most cases of murder, the murder is related to the victim.
Revenge is a natural human human emotion emotion therefore the law should be based on an eye for an eye and a tooth for a toot tooth. h.
It protects civilians and the police from being indiscriminately murdered and it expresses society‟s total hatred of murder. Terrorists who indiscriminately kill people, can only sufficiently pay for their crimes through their death. Society has the duty to kill in defence of its members and that the death penalty has a healing effect on the relatives of the offender‟s victim as they get a peace of mind through the killer‟s death. Without the death penalty there is no sufficient punishment to met out to those serving a life sentence in prison if they decide to kill kill another pe person rson while while in prison. Punishment should fit the crime committed; therefore, it follows that if a person murders another person they should also be put to death. The death has biblical Genesis 9:6 penalty which reads: reads: Who soorigins sheds in a
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man’s blood, man’s blood , by man man shall his blood be shed; shed ; for fo r man is made in the image image of God.
11.4.7 De scribe the pr proce oce du dures res in a Civil Case Case Procedures in a Civil Case
Whereas criminal law is a single branch, civil law is subdivided into several sections. Unlike in a criminal law procedure pro cedure where the process process is si simi millar despite despite the type type of court trying trying the case, case , there are variati variation onss in civi civil proceedin pro ceedings gs dependi depending ng on the type type of court. court.
Civil Procedure in the Local Court Court
The procedure is generally informal because the aim of the proceedings is to administer necessary justi justice. ce. These courts courts have no nott adopted adopted compl complex ex procedures procedures because most most of the peop peoplle who use these courts are not very educated and cannot easily understand complex court proceedings used in higher courts. Most of them are also too poor to afford legal representation. It is for these reasons that lawyers have been excluded excluded from re represe presenti nting ng parties in in local local courts. courts. Civil proceedings in a local court start by writ of summons obtained from the court clerk by the plaintiff plaintif f . A plaintiff is a person or persons with a complaint. Local court summ summons ons costs little to allow as many people as possible access to the courts. The court clerk fills in the particulars of the plaintiff and the defendant , a term given to the party being accused of a wrongful act or omission. The nature of the claim and the date of trial are also filled in. The summons is then serv served ed on on the defendant at his or her residential residential address. address . A copy is is left with the defendant. defendant. During trial, the plaintiff will state his or her case against the defendant. His or her witnesses will also testify. To testify is to give evidence. When the plaintiff has closed his or her case, the defendant will also state his or her case and will be cross examined by the plaintiff. Witnesses will also testify before the defendant closes the case. The court will retire, which is going away to a separate room to consider the case ca se,, aft after er which which a decision will will be reache rea ched, d, followed followed by judgment. judgment.
Civil Proc Procee dure dure in Subordinate Subordinate Courts In these courts, the parties are required to follow strict rules of procedure. The plaintiff is required to gi give ve the defendant defe ndant copies of the documents which they intend intend to re rely ly upon durin during g the trial. The procedure begins with the serving of the writ of summons on summons on the defendant. During the trial, lawyers are permitted to represent parties. Examinations in chief cross examinations and rere-examinations will take place before parties close their cases. After both parties close cases, the court will will consider and deliv deliver er ju judgment. dgment.
Civil Procedure in the High Court Procedure in a high court is formal. The plaintiff must file in a statement of claim, claim, which is not required in the subordinate court. The Statement of Claim is served together with a writ of summons. The defendant will fill in the Enter of Appearanc Appea rancee form together with defence, which is a response to
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the statement of claim. Trial will then take place leading up to the final submissions and then jud judgm gment. ent. If the case is on onee of claim, claim, a warrant of distress will be served on the defendant to seal the jud judgm gment. ent. Where the amoun amountt of claim claim is kn known own,, a spec specially ially endorse end orsed d writ will be served on the defendant. defendant. There are cases that come before the high court that are heard in chambers, chambers, which is the office of the jud judge. ge. The word „cham „c hamber‟ ber‟ in this this instance means pri private. vate. We learnt earli earlier er that cour courtt pro proceedin ceedings gs are preferred to be conducted conducted in open open cou c ourt rt so s o that justice ustice is seen to be do done. ne. However, However, there are cases case s that are classified as chamber matters, matters , meaning that it is in the best interest of the parties concerned for the matter to be heard in privacy. privacy. Some exampl e xamples es of the chamber matters matte rs are: ar e: Uncontested divorce actions actions
Applica Application tion for an order of vacation vac ation in a property reposse re possess ssion ion Appli Applica cation tion for order of company dissolution also known as liquidat liquidation ion Appli Applica cation tion for maintenanc maintenancee in ca case se of a di divorce vorced d spouse s pouse and a nd children children
Procedure in the Industrial Relations Court Court This court handles only industrial matters, which cases are pertaining to employer versus employee relations. Procedure is similar to that of the high court. Lawyers are allowed and appeals go to the Supreme Court.
Civil Procedur Proce duree in Supr Supree me Court The procedure is similar to that found in the high court except that the Supreme Court does not conduct trials because its purpose is mainly to hear appeals, hence the reason it is referred to as the Court of Appeal . It only conducts trials in cases that a particular law expressly gives it power to hear, such as, a presidential elections petition. The procedure during an appeal is like the one in a high court. Lawyers are a re allo allowed wed to represent parties. parties.
11.5 Gender Equity and Equality Equality 11.5.1 Explain Explain ge nder equi e quity ty and and ge g e nd ndee r equ e quality ality..
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 respec res pective tive roles that they play in society. society. Gender Equity Equity
Gender equity refers 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 and men differently in order to achieve their equal status. A policy that has been used to promote fairness and foster equal opportunities is called Aff irmative Action, which is also referred to as positive discrimination. Positive discrimination is a policy with special measures which are aimed at creating a state of equality between females and males through the implementation of pollicies and program po programmes mes aimed aimed at elevati elevating ng the status of the disadvant disadvantaged aged. For example, the Ministry of Education has been following a policy of affirmative action to maintain the proportion of girls at the Grade
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Seven (7) and Nine (9) levels of education. The selection pass mark for girls is relatively lower than that of boys. This boys. This is do done ne in order order to encourag encouragee and retai re tain n female female particip participation ation in the scho sc hool ol 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 the different behaviours and aspirations of all human beings are considered, valued and favoured equally. This does not mean that women and men have to become the same, but rather that their rights, responsibilities and opportunities will not depend on whether they are female or male. For Example, job offers in the employment sector should be done on merit as all human beings must enjoy the same rights and opportunities. opportunities. 11.5.2 Outline Outline the Histo H istorica ricall backg backgroun round d to ge nd ndee r equity and and e quality quality.. The Background to Gender Gender
The need for gender equity and equality is a direct result of the critical areas that concern women and the girl child. These areas of concern on one hand are a result of the biological difference between men and women while on the other hand are issues of women‟s sociosocio -economic situation. Arising from their biological differences are women‟s need for anteante -natal, maternity and postpost-natal clinics. Equally important is the families planni planning ng advice advice and methods methods since since these are more more importan mportantt for the person who bears chil children. Some Some issues that affect women‟s sociosocio-economic needs include: include:
Violence against women in general. general. The persistent persiste nt and in incre creas asing ing burden of poverty on women. women. Inequaliit ies and inadequacies Inequal inadequacies in and unequal unequal access acc ess to health care education and relate related d servi services ces.. Inequality in economic structures and policies in all forms of productive activities and in access to resources. resources.
Inequality betwee betw een n men and women in the sharin shar ing g of power and dec decisi ision on making making at all leve levels. ls. Lac Lack k of respect respec t for and inadequate promotion and protec protection tion of the human rights for women. Gender inequalities in the management of natural resources and in the safesafe -guarding of the environment. environment.
Pe Persistent rsistent discriminat discrimination ion against and viol violati ation on of the rights rights of the gi girl rl--child. child. Stereo Stereo--typi typing ng of women. women.
ADDRESSING WOMEN ISSUES BY THE INTERNATIONAL COMMUNITY COMMUNITY
Although the principle of nonnon-discrimination on grounds of sex is included in the International Bill of Rights, women and girls still suffer some of the worst discrimination all over the world. To this effect, the United Nations Natio ns recogni recognised the need for a hu human man ri righ ghts ts instrumen nstrumentt that directly directly addressed women‟s women‟s issues. In 1967, a declaration was made on the Elimination of all forms of discrimination against Women. However, this declaration did not effectively address the problems of female discrimination in the world hence the legally binding Convention on the Elimination of all forms of discrimination Against Women (CEDAW) was adopted in 1979, 1979, and is is described desc ribed as the International Inter national Bill Bill of rights rights for women. Since ratifyi ra tifying ng CEDAW, Zambia has taken take n a number number of steps to impl implemen ementt the convention. These Thes e include include::-
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Attending the 1995 199 5 Beijing Conf erence on Gender Gend er which demanded an end to all forms of
discrimination against women. women. The Setting up of the Gender in Development Division (GIDD) for government to address the discrimination of women by setting up a desk for women in the Ministry of Finance and National Planning, under the National Commission for Development Planning in 1995. In 1996, the Government elevated the Women in Development Department to a Gender in Development Division (GIDD), (GIDD ), which which is the national gender ge nder machi mac hinery, nery, at a t Cabinet Office. Off ice. The Division‟s main task is to coco -ordinate, monitor and evaluate the implementation of gender related development policies, projects and programmes to ensure that gender is integrated in government administration. In 1999, the Committee on Legal Affairs, Governance, Human Rights and Gender matters was established to ensure that gender issues are given priority and prominence. GIDD has also facilitated the establishment of gender focal points in various line ministries and provincial administration headquarters. headquarters. Adoption of National Nationa l Gender Gend er Policy - In March, 2000, the Government adopted the National Gender Policy. The policy aims at ensuring that men and women participate in, and benefit from the development process proce ss equitably equitably.. Establishment of the Ministry of Gender - In 2005, the Ministry of Gender was established to be res responsib ponsible le for gender issues iss ues and concern in all se sectors ctors of development. development. Signing of the Southern African Development Community Declaration on Gender - Zambia is also a signatory to the Southern African Development Community (SADC) Declaration which requires member countries to make gender an important element in the region‟s programme of action and community building initiatives. The success of the policy declaration requires 30 per cent women repres repr esenta entation tion in parliament. parliament.
11.5.3 Distinguish gender roles from sex roles. roles. Gender Roles
Gender roles are prescribed activities, tasks and responsibilities which are assigned as female or male by a society soc iety.. They are in influenced fluenced by cultural, politica political, l, ec econom onomic, ic, reli re ligi gious ous , age age,, class clas s and rac racial ial fa factors ctors.. In most African societies, some roles are played by both women and men, while others are specifically conducted conducte d by a particular se sex. x. The follo following wing are some of of the exampl exa mples es of comm common on gender ge nder roles: roles:
Business enterprise enterprise Water resource management management Farming Farming Gathering Gathering Tourism Tourism Crafts Work Environment Management. Management.
Some of the specifi spec ificc roles assig ass igned ned by society soc iety for women include: include: Health care provision provision
Food preparation preparation Pottery making making Mat and basket weaving weaving
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Crop harvesting harvesting Cutting gras gr asss for thatching thatching Harvesting Harvesting
Sex Roles Roles Sex is a biological term which refers to the exclusive physiological differences between females and males. Sex roles roles are, therefore, roles which females and males perform on the basis of their reproductive physi ph ysiol olog ogiical or bi biol olog ogiical make make up up.. Sex roles roles are generally the same in all societies because they are biol biolog ogiically cally determined. determined. For exampl example, sex roles roles for women women may includ ncludee chil child beari bearing ng and feeding feeding,, whil while those of men include include siring. siring.
Sex Roles Ster S tereo eo -type This is a belief belief that males and a nd females, fema les, by virtue of their sex, se x, perform perfor m certa ce rtain in roles roles.. It is a belief or myth (not necessarily factual) that associates certain traits of behaviour or acts with different sexes. sexes. 11.5.4 Explain the agents of socialisation. socialisation. Socialisation Socialisation Socialisation is a process by which f emales emales and males are assigned certain roles an d responsibilities responsibilities
bases on the values of a particular society. It the process through which beliefs, values and norms of socie ty are passed society pa ssed on from one gene g eneration ration to another an other .. Agents of Socialisation Socialisation The follo following wing in institut stitutions ions are some of of the agents age nts of socialisation. socialisatio n. The Family Family The family is the primary agent of socialisation. It provides the first teaching for boys and girls. Socialisation is carried out by parents and relatives living within the family. From childhood, girls and boys are socialized to believe that girls are inferior to boys in all aspects of life. The social and cultural attitudes tend to favour the boy child. For example, the birth of a male child in a home gives parents more joy than that of a female child. child.
A male child receives the bulk of available resources as well as parental attention, health care and education. A girl child performs more house chores than a boy child, thereby, leaving her severely disadvantaged in ter terms ms of education educa tional al opportunities. It is believed believed that girls girls will ulti ultimate mate ly find husbands to support support the them. m. Similarly, women are made to believe that they are inferior to men. During pre -marital and initiation ceremonies, women are strictly taught to respect and please men. Zambia, being primarily a patriarchal nation, a tradition of male monopoly in the home is still common and is seen especially in decision -making over: over:
control of resources resources sexual re rellationship ationship and use of contracepti contrace ptives ves po pollyg ygamous amous marriages marriages
The School School
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There are persistent sex differences in educational processes within schools, based on cultural beliefs about sex differences between women and men in both character and ability. Female and male learners are subjected to different socialization in the school system. The formal education provided tends to confine girls to domestic and household levels seen through the kind of subjects they take. For example, most girls tend not to take Mathematics, Science and Industrial Arts subjects like Metal or Wood Work, Technical Drawing and Geometrical and Mechanical Drawing. The practical subjects that they prefer to take include Home Economics, Food and Nutrition, Fashion and Designing and Typing. These subjects relate to their future roles as mothers, home makers and child‟s careers. careers. The school curriculum also has an impact on the process of socialization in the system. Some textbooks that the learners use usually portray females and males differently. They depict women and men in traditional roles and occupation occupationss which which are sexually sexually segregated. segre gated. Thee Me dia Th dia The Media in Zambia, like other agents of socialization, has continued depicting the position of women as being subordinated to men. The relations between women and men should not be antagonistic, but rather friendly. Unfortunately, the messages in most songs are based on the patriarchal patri archal nature nature of society society,, no normal rmallly describi describing the pl place ace of a woman woman as a wife wife in the ho home. me. Som Somee of the songs played on radio and television describe the immoral behaviour of women while others emphasise their total submission to men. It is also important to note that most of the Zambian popular song lyrics are sung by men. Women are usually used as dancing “Queens”. This gender stereo -typing
is also portrayed on television and in newspaper advertisements, most of which are biased against women. Other examples are in the form of articles and newsletters which equally portray women as being bei ng subord subordiinate to men. men. Religious Institutions Religious institutions play a key role in the socialisation process from early childhood. In general, all religions teach that women should be submissive to men. Also, men are recognised as leaders. They preside presi de ov over er all religi religiou ouss ceremoni ceremonies whil while females females are assigned assigned subordi subordinate nate rol roles es such as cleaning cleaning the church. However, in modern societies, some religions allow women to assume leadership posit po sitiion ons. s. 11.5.5 Describe Gender based violence Gender Based Violence
Gender based violence is violence involving involving men men and women in which the fem fe male is usually the vict v ictim im.. It is not only about men who abuse women, but also includes women women who abuse a buse men physically and verbally. Gender violence takes various forms: physical, psychological and structural. Physical Violence: Violence: This form of violence is directed on the body. Physical violence can take the form of fondling, beating, slapping, slappin g, punching, punching, shooti s hooting, ng, kicking, kicking, stabbi sta bbing, ng, rape and se sexual xual assault. assa ult. Psycholog ical Viole Psychological Viole nce nce This is is one of the most destruc de structive tive types of violenc violence. e. It is concerned conce rned with viol violenc encee towards tow ards the mind mind a nd often takes the form of humiliation, threats, harassment and attack on another person‟s self self -worthy. Psychological violence vio lence leads to depress depre ssio ion, n, frustra fr ustration tion,, madness madnes s and suicide. suicide.
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Structural Violence This form of violence includes all the violence that exists within the structures of institutions. Structural violence occurs in the economic, political, social and military systems. It arises from unjust and repressive social structures. Gender based violence includes poverty and all forms of violence such as land eviction or lack of access to services. Causes of GenderGender-Base d Violence Violence There are several causes of gender - based violence: violence: Socialization-- learned behaviour based on cultural practices and beliefs that disadvantage women and Socialization children, es espec peciall ially y the girl child. child.
Gender rolesroles-stereo stereo--typing, societal beliefs, myths or attitudes that men and women by virtue of their socialization should perform certain tasks.
Low self -esteem by the perpetrator. perpetrator. Insecurity-- social Insecurity soc ial and financial economi e conomicc dependency depende ncy by the abused. abuse d. Beliefs that women provoke men by answering back. Suspected extraextra-marital affairs. affairs. Refusal or delay to serve food. food. Perceived rudeness and lack of respect for the husband. Belief that tha t men men show love by beating bea ting wives. Refusal to have sex. sex. Failure Failu re to get get permission from male male partner pa rtnerss to do something. something. Drunkenness. Drunkenness. Petty jealousy. jealousy.
Common forms of Violence The most most common forms for ms of vi violence olence are are:: Physical (Spouse battering). battering).
Verbal erba l abuse, for example, example, in insults. sults. Rape and defilement. defilement. Incest. Incest.
Threats. Threats. Property grabbing. grabbing. Cruelty by guardian. guardian. Lack Lac k of child child or spouse support. support.
Effects of GenderGender-Base d Violence Violence Gender - based based vi viol olence ence has several effec effects: ts:
Oppression of the spouse: The abused cannot realise his or her potential and contribute fully to the development of the family family and society. society.
The abused may be fearful, angry or prepre -occupied with their own safety and may not be willing to perform perfo rm du duti ties es that are expected of of them. them.
Sexual violence contributes to the spread of HIV and AIDS and risk of contracting other Sexually Transmitted Infections (STIs). (STIs).
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P hysical mental inju injury ry and death. dea th. Pe Permanent rmanent di disability. sability. Unplanned pregnancies. pregnancies. Suicide. Suicide. Depression Depres sion or trauma. trauma. Loss of self - esteem and confidence. confidence.
Family y disruption, disruptio n, for exampl exa mple, e, divorce divorce.. Famil
Ways of Reducing GenderGender-Base d Violence Violence
The foll following owing are some of the wa ways ys in in which which gender gender - based based vi viol olence ence can be reduced: reduced: Spea Speaki king ng out about the problem. problem.
Sensiti Sens itising sing the community community about gender vi viol olenc encee and the need nee d to work together togethe r to stop the vice vice.. As Assisting sisting coupl c ouples es to discuss and resolve their problems. problems. Reporting case ca sess of vi viol olenc encee to the P ol olice ice Victim Support Unit for lega legall action and a nd counsell counse lling. ing. Encouraging victims to go for legal advice to NGOs or DropDrop -in Centres dealing with gender - based based violence. violence.
Me asure asure s to curb curb Ge Ge nd ndee r-Bas Basee d Viole Violence nce an and d Child Abus Abus e
Lobb Lobbyi ying ng for changes in the laws laws and enforcement of laws regardi re garding ng gender - based based viol violence. ence. Making others aware of the extent and true nature of gender gender - based based viol violence ence and chil child abuse throug through h publ pu bliic education education,, traini training, ng, pu publ bliic performance, performance, newspaper articles, articles, radio radio and televi television pro program grammes. mes.
Esta Establ blishing ishing counsell counse lling ing ce centres ntres for vi victims. ctims. Putting pressure on the community to make conditions safer for vulnerable people such as improving streett li stree lighting ghting in certain ce rtain areas. areas .
Researching and keeping records on child abuse and gender - based based viol violence ence for soci social al actio action n and pollicy po cy--making. making.
Formul Formulat at ion of community based bas ed gender vi violence olence committe committees es..
Institutions that Address GenderGender-Base d Violence Violence
Police Victim Support Unit. Unit. Young Christian Women‟s Women‟s Assoc As sociation. iation. Young Christian Men‟s As Associat sociatio ion. n. Le Legal gal Aid Clinic Clinic for Women Women Other NonNon-Governmental Organisations Organisations
11.5.6 Discuss Gender issues in traditional and modern society. Gender Issues in Traditional and Modern Society Society
In both traditional and modern societies there are certain features that are peculiar to both societies as far as gender issues are a re concer concerned. ned. However, there are also crosscross - cutting differences. differences.
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Comparisons In both traditional and modern societies, there is a general misconception that regards women as inferior
to men because beca use of of follo following wing both the customary and statutory laws. This is referred refe rred to as dual system system..
Tribal warfare, military force and male bravery and strength are usually attributed to men and not women. In case ca sess where wher e women have ha ve participated in war, they are not not put put in in front li line ne battle field f ield..
Land is predominantly owned by the men folk in the categories of husband, brothers, uncles and nephews. There are rare cases where a woman has been allowed to control and use the land of a deceased husband. This is due to the patriarchal nature of the Zambian society. The statutory and customary laws which govern the Zambian legal system are gender biased. They do not really help women to own and inherit inherit land on an equal basis bas is with with men. men .
Insufficient decision decision--making power in a home is experienced by most married women who find themselves in unfair situations as they strive to engage in business ventures meant to economically empower them. Their husbands have to decide for them the kind of business they should undertake. In addition, additi on, they also also control the income income generate gener ated d from business businesses es run r un by by their wives.
A tradition of male monopoly of control over female reproduction has to an extent continued even in the modern society. It is believed that the husband has the right to control the sexual relationship in a home. He controls the use of condoms and in a way, this makes it difficult for a woman to protect herself from pregnancy pregn ancy,, or contractin contracting g HIV/AIDS and other Sexuall Sexually y Transmitted ransmitted Infectio Infections ns (STIs). (STIs).
Polygamy is still widely practised in Zambia, even when the economic situation may not favour this practice. practi ce. Gen Generall erally y, Polyg Polygamy amy is another another patriarchal patriarchal element element in tradi traditi tion onal al Afri African can society society.. It gives gives and makes a man retain the rights of a potential polygamist. For example, in a childless marriage where a wife is is iinfer nfertil tilee , a husband may ea easily sily marry another woman w oman but not vice versa. versa .
Women and their girl children spend more hours of work than their counterparts. In most African rural areas, for example, women carry out most of the agricultural activities as well as other tasks like preparing prepari ng food, food, gathering gathering fi firewood rewood and coll collecting water.
Contrasts Contrasts Traditionally, women were socialized to be passive and obedient while men were taught to be aggressive and dominant. The male traditional way of using physical violence as a way of controlling women is now being addressed by various law enforcement agents that deal with violence against
women. women.
To ensure gender equality, men and women can now mix and participate together in all areas of development. Traditionally, the source of power and influence in society was solely in the hands of men. However, women are now free to participate in the decisiondecision-making process. Formal positions of leadership leade rship can ca n also now be held by both women and men. men.
Women subordination in a marriage relationship due to Lobola or Bride price price implied that women had little choice to abandon marriage. Marriage issues were not to be discussed in public as that would cause embarrassment on the man‟s side. However, women are now able to exercise their human rights and their concerns and a nd grievances grievances are being being addressed a ddressed by the the courts courts of law. aw.
Traditionally, girls and women were expected to do the housework. Similarly at school, most of the work concerning the cleanliness of the environment was mainly done by girls. To achieve gender balance, the trend has no balance, now w changed. changed. Both genders genders are no now w encouraged encouraged to actively actively parti particip cipate ate in bring bri ngiing about about social social develop development ment at home home and at scho sc hool ol..
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To help curb the spread of HIV/AIDS and other Sexually Transmitted Infections in society, issues of sexual relationships between girls and boys are today freely being discussed by parents or legal guardians of the children. In the traditional African society, talking about such issues openly was a taboo. This This task was left left to grandparents or cousins cousins of adolescent children. children.
11.5.7 De scribe the distrib distributi ution on of Estate Estate s Distribution of the Estates
Under the Intestate Intesta te Succession Succe ssion Act, the distri distribution bution of the estate esta te is is as fol follows: lows: 50 per cent for the children, taking into consideration their ages and educational needs. Children
include those born within the marriages as well as those born out of wedlock. In a situation where there are no children children thi thiss percentage perce ntage goes to the parents. pare nts.
20 per cent, for the surviving spouse(s), widow (s) or widower. This means that in case of a polyg pol ygamou amouss marriage, marriage, the percentage shall shall be di distri stribu buted ted among among all survi surviving ving spou spouses. ses. However However,, the distribution is done according to the duration of the marriages and the spouses‟ contribution to the decease dece ased d property. property. If there is is no spouse, the 20 per cent shall be given given to the children. children.
20 per cent, for the deceased is for parents. In a case where there are no parents, the 20 per cent porti po rtion on shall shall be distrib distributed uted among among the spouse, spouse, chil children and dependants, dependants, and and
10 per per cent c ent for the dependants, dependa nts, if any. any.
It is important to note that the brothers, sisters and any relatives of the deceased are not part of the beneficiaries. beneficiari es. However However,, they can on onlly benefit benefit if there are no chi c hilldren dren,, parents and dependant dependants. s. In this this case, cas e, the relatives relatives get half half aand nd the surviving surviving spouse(s) the other half of of the estate. esta te.
Personal Chattels (Personal belongings) and House
Person al chattels or persona Personal pers onall belonging belon ging :: include things like clothing, household goods, agriculture and hunting equipment, books and many others. These are exclusively for the surviving spouse(s) and the children. children. The house house is for the surviving spouse(s) and the children. However, the surviving spouse only has a life interest in the house. He or she can only remain in the house as long as he or she lives and does not -remarry. If there is more than one house or cars, they shall be distributed accordingly between the spouse and the children and the relatives of the deceased. A breach of any part of the Intestate Act constitutes a criminal offence. This means that property grabbing grab bing is str strongl ongly y prohibite prohibite d under this Act. Act . 11.5.8 Anal Analyse yse the Intes ta tate te Su Succe cce ss ion Act of 1989. 1989. Customary law of inheritance in practice in Zambia does not protect the widows and the orphans due to
the patriarchal nature of the Zambian society. Therefore, property grabbing is still rampant even with the existence of the Intestate Succession Act. This is inconsistent with the Universal Declaration of Human Rights.
A „common law marriage‟ or „marriage by reputation‟ is a situation where a single woman and man live together as husband and wife without dowry or bride price. This is often referred to as co -habitation. A child born in this background should fully enjoy his or her rights. However, courts sometimes re relu lucta ctantly ntly rec r ecogni ognize ze such suc h unions unions which are not not b bound ound by bride price. price .
Children born out of wedlock if not known or recognized by a surviving spouse do not benefit from the property of their property their deceased decease d parent and the law law is no nott protectiv protective. e.
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Section 10 of the Intestate Act provides for the surviving spouse to have life interest in property like the house and that if he or she remarries, he or she loses the rights to the house. However, the Act seems to be appli applicable on onlly to widows widows and not widowers. widowers.
Erring administrators must be punished under section 29 of the Intestate Act. However, practically and tradi tra dition tionaa lly, this does not not happen for fear fea r of breakin brea king g cultural norms and customs. customs.
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. The Act is supposed to be above customary laws and Human Rights should not be be violated. violated.
The Intestate Act supports the legality of polygamous marriages. In real sense, this deprives the first wife of her rightful sta status tus and position position in in a marriage. Moreover, polyg polygamous amous marriages marriage s may be a risk in in this HIV and AIDS era. era.
The Intestate Act does not have a provision for assistance of the vulnerable children, especially complete orphans who may have been affected by the HIV and AIDS pandemic. Some of these children have no relatives to support them and hence find themselves in an economic crisis. The Act has no clear cut clues clues or statement stat ement encouraging encouraging relatives relatives to support support the deceased decea sed person‟s person‟s children. children.
11.5.9 Describe Government Institutions and Civil Society Organisations that promote gender equity and equality equality Governmental and NonNon-Governmental Institutions that advocate for Gender Equity and Equality Equality
There are a number of governmental and nonnon -governmental organisations and institutions that advocate for gender equi e quity ty and a nd equality in Zambia. Zambia. Some of these thes e are disc discusse ussed d below: below: The Zambia National Women Lobby Group (ZNWLG)
The Zambia National Women Lobby Group (ZNWLG) was formed in 1991 by women from Non Governmental Organisations and political parties concerned about the discrimination that women suffer and their poor poor represe repre sentation ntation in government and other public public offices. offices . The objectives of the organization are: are: romotion of equal participation participatio n and represe repre sentation ntation of women women and men in dec decisi ision on--making. making. P romotion
Cultivation and promotion of a culture of gender equality and equity and respect for women‟s rights through changes c hanges in in att attitud itude, e, language and legal procedure. proce dure.
Undertaking training and managing resource mobilization programmes meant for capacity building, lo lobbying bbying mechanism, mec hanism, advocac a dvocacy y and information information dissemination disseminat ion and networkin netw orking. g.
Capacity Capa city bui building lding for female fema le aspiring aspiring candidates c andidates for elections. elections. Civic education relating to constitutional matters. matters. Monitor Moni toring ing and observin obser ving g elections. e lections. Holding Holdi ng monthly monthly discussion discuss ionss on national and topical issues. issue s. Conducting comm c ommunity unity debates debat es on topica topicall issues. issues . Information dissemination through publications. publications.
Justice for Widows and Orphans Project (JWOP) (JWOP)
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The project was established in 2001 under the support of the embassy of Finland. Its main objective is to disseminate in informati formation on on the rights of widows widows and orphans. The project has managed to highlight and publish cases of violation of human rights committed in society so that they are addressed appropriately. It has also conducted sensitization programmes for community leaders and the general public. This is to help them understand and appreciate the importance of protecting the rights of the vulnera vulnerable ble groups in society. society. The Young Women ome n Christian As Asss oc ociation iation YWCA) YWCA) The Young Women Christian Association (YWCA) is a Christian Organisation dedicated to the empowerment of women for a better community. The advocacy programme which falls under the Women‟s Human Rights (WHR) Programme was established in 1993 following the finding of a study on cases of violence against women. The organization organization aims aims aat: t:-
Ensuring that tha t women know their their rights, rights, duties duties and a nd re responsibilit sponsibilities ies in society. society. helping women realize their full potential as human beings and the contribution they should make to advancee themselv advanc themse lves es,, ttheir heir famili families es,, communit communit y and the whole country. country.
Zambia ambia Ass ociation for for Res e ar arch ch and and Deve lopment (ZARD) (ZARD) ZARD is a nonnon-governmental organization formed in 1984 with an aim to uplift the status and positions of women through actionaction-oriented participatory and gender sensitive research. ZARD undertakes research
activities aimed at promoting gender balance in society. Its findings are disseminated through seminars and workshops. In addition, ZARD advocates, publishes, networks and undertakes consultancies based on women empowerment. empowerment. The Zambia Zambia National Natio nal Ass As s ociation oci ation for Disabled Dis abled W Wome omen n Organisation Organis ation (ZNADWO) (ZNADWO) ZNADWO was formed in 1992. Its aim is to develop programmes for empowering women. The organisation also works in collaboration with the established associations in improving the plight of women with special needs. needs. Zambia Alliance Zambia Allianc e of Wome n (ZAW) (ZAW) The Zambia Alliance of Women (ZAW) was formed in 1978 but formerly registered in 1982. ZAW is involv inv olvee d in the follo followin wing g advocacy advoca cy programmes for women:women: Advocacy for women‟s rights as human rights, gender sensitization and popularizing CEDAW
(Convention on the Eli Eliminat mination ion of All Discriminat Discrimination ion Against Wome Women). n).
Promotion and enhancement of women‟s rights, women and inheritance, women and education and women and development in general. gener al.
Advocacy for good good governance governance and promo promotion tion of peace. peac e. Eradi Era dica cation tion of poverty through food security sec urity.. Research Rese arch and d documentation ocumentation in socio socio-ec economic onomic programmes and a nd in health hea lth and education educa tion matters matte rs Spearheaded the SADC Regional Rural Industrial Study to promote industries such as pottery, basketry,, baking basketry baking and fish fish process processiing ng,, in order order to economi economically emp empower ower wom w omen. en.
P romoted house house food security sec urity through crop c rop di divers versifi ifica catt ion projects at a t vil village lage level. level. Developed agro – forestry programmes. programmes. Rende Rendered red support to mainly mainly rural se self lf -help prepre-school schoolss and health centres. centres.
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Zambia Police The Victim Support Unit (VSU) of the Zambia Police was formed in 1994 and started operating in 1997. This unit has established offices in most police stations in the country. It mainly deals with cases of violence most of which which affe a ffect ct women and children. children. The general genera l aims aims of the police police se service rvice include include the follo followin wing: g:-
Preservation of Life Life Protection of property property Prevention of crime and and Maintenance Main tenance of peace in society. society.
Parliament Parliament The Legal Affairs, Governance, Human Rights and Gender Matters Committee. This is a committee of parliiament which parl which is expected to study study go governm vernment ent po pollicies and activi activities ties to ensure that there is gend gender er equali equa lity ty and equity. equity. 11.6 Culture of Peace 11.6.1 Explain culture of peace The term Peace is defined differently by many people who use it. Some people define peace as the absence of
war and violence. Others define peace as a state of harmony and brotherhood between men and women. Yet others define peace as unity of love. Other people have said that peace is a state of harmony with the environment and the planet. . For example, in the Great Lakes Region of Africa, the word for peace is Kindoki, which refers to a harmonious balance between human beings, the natural world and the cosmos. This visio vision n is a much broader vi view ew of pe peace ace than a mere “absence of war” or even a presence of justice. justice.”” Another meaning of peace refers to inner peace , which is a state of mind, body and perhaps soul. It is a peace within ourselves. People that experience inner peace say that such a feeling is not dependent on time, people, place place or any extern e xternal al ob objject or situatio situation. n. Yet another view of peace is one which subdivides it into “negative peace” and “positive peace”. In this definition, peace is the absence of “directViolence violence” and “structural violence.” The following diagram explains the meanings meanings of the above terms; te rms;
PEACE
Negative peace peace Absence of direct direct phys ical viol violence ence
Positive peace presence peace presence of conditions of wellwell-being being and just relati relations ons hips: Social, economic, political ecological
Direct violence iolence e.g. e.g. War,
Structural violence violence e.g. poverty,
torture
discrimination, Ecological violence
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VIOLENCE VIOLENCE
11.6.2 Describe methods of promoting peace Methods of Promoting Peace
There are various methods by which peace may be promoted and brought about. The methods vary depending on the level at which peace should be promoted. Peace may be among individual persons, married couples, fa fami mili lies es,, small communi communitt ies ies,, ethnic groups, groups, nation na tionss or regions. Peace is also required at the global level. Peace is very central and important to human affairs and developm develo pment. ent. Without ithout peace, peac e, developm development ent suffers. suffers . Peace Peac e is is a basic requirement requirement of develo developm pment. ent. The follo following wing are some of the methods of promoting promoting peace pea ce:: Intermarriag es – among people of different ethnic groupings, intermarriages are a good method for Intermarriages promo pro moti ting ng peace. Some Some chiefs chiefs in the past used to „send‟ some some of their their sub subjjects or chil children to go and marry into a foreign fore ign tribe tribe as a mea means ns of forging friendship. friendship. Friendship – making friends with people secures peace and there are different degrees of friendship which could be created among people of different locations or origins. Among some ethnic groups, a deliberate process pro cess of exchangi exchanging human human bl bloo ood d in a ri ritual tual is conducted. conducted. This This is call called ed sik sikwamanying wamanyinga a in Lozi. This act of friendship-- making friendship making is so strong that that peace peac e among among such people people is guaranteed forever. f orever. Reciprocity – This is a process where two or more different people exchange gifts or favours in a mutual manner. When Whe n one person gets get s a gi gift, ft, he/she he/s he gives gives something back bac k in appreciation. appre ciation. Mutual Aid Mutual This type of creating peace involves exchanging help, assistance or aid in time of problems. When one person or groups of people are experiencing problems, the other people come in to give help. At some other time, the person or peopl people who gave help help may themselv themselves es experience experience probl problems, ems, at which which time time they may be assisted by
the person or people who were assisted last time. In this regard, the assistance is being mutually exchanged or interchanged. interchanged. Forgiveness When somebody has committed an offence and people become kind enough to forgive such a person, peace can be generated. But often, a prepre -requisite to forgiveness is apology apology and humi humilit lity y on the part of the offender. offender. Tolerance Tolerance This refers to a way of living with and accepting different or opposing viewpoints. This process often creates peace because peopl people expressing expressing di different fferent vi viewpoi ewpoints nts are assured of being being accepted acce pted and no nott condemn condemned ed or puni pu nished. shed. Respectt Respec
Structural violence violence e.g. poverty, discrimination,
Ecologicalopinions, violence ideas, beliefs, religions, This is very other emphasize people‟s cultures, languages and fundamental. human natureItininvolves general. respecting African cultures respect. respect.
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Justice This refers to being fair and not being segregative in the manner we relate to other people. In this way, complaints complai nts which could could lead to conflicts conflicts may be reduced. 11.6.4 Analyse causes of conflict conflict Causes of Conflict Conflict
It is very important for you to understand societies in conflict before you begin to prevent their conflicts. That is to say sa y, if you want to understand underst and conflicts conflicts you must must first study the histories of the peopl peo plee in conflict. conflict. We also need to know that violent conflicts have taken place in all continents, not only in Africa as it is portrayed po rtrayed in the medi media, especiall especially on televi television, sion, radio radio and in newspapers. Some Some causes of confli conflicts are: are:
History Research has revealed that historical reasons have contributed to emergency of conflicts in many parts of the world. The conflicts between Christian and Moslems in many parts of the Middle East have something to do with long standing animosities and mistrust dating back to the first millennium AD. It is also true that the interpretation of history may initiate a conflict between people as is the case in Rwanda and Burundi in the Lake Region of East Africa. The reasons for the unresolved conflict between the Lunda and Luvale in Zambia Zambia have something to do with their histories histories and how how they are inter interprete preted d today t oday..
Ethnicity Deep feelings against a group of people that do not belong to your own ethnic group can ignite deep frustration that can initiate conflicts between two ethnic groups. Normally, this happens where large groups are excluded from political and economic life on regional, ethnic or social reasons. Examples of these conflicts, illustrated by successional conflicts, come from Nigeria where between 1967 – 1970 Biafra, a province dominated by the Ibo ethnic group temporarily broke off from the country. They accused the Federal Government of Nigeria for excluding and discriminating against the Ibo people. Katanga (Shaba Province) region temporarily broke off from the Congo (DRC) immediately after political in independence dependence in 1960 1960 for the same ethnic ethnic reasons. rea sons.
Imba Imbalance lance of natu natural ral res ource In the last 40 years population has increased very fast in many parts of the world. The increased po popu pullation atilocal on has pu putt too much muachsituation pressurehas oncreated natural natural opportunities resources. Itfor hasconflicts threatened the econo economi miccfight survi survfor ivalthe of many people. Such as local people scarce resources available. Burundi and Rwanda are good examples of countries where imbalance in the natural resources res ources has created creat ed viol violent ent conflicts. conflicts.
Immigration In a region where there is high population against few resources, massive foreign immigration breeds resentments by the host people. In most cases, such a situation leads to political violence. Examples are found in Central and Western Cote d‟voire (Ivory Coast) where an influx of immigrants has initiated serious xenophobic confl c onfliicts.
Economic and export resources Conflicts are often aimed at controlling or completely taking over economic and export resources especially in border regions. Boarder states sometimes fight over a piece of land that is suspected to have (or has confirmed) rich deposits of minerals. Such interstate conflicts have been recorded in many parts of Africa. For example: ChadChad-Libya conflict over the Aouzou Strip in 1973 – 94; Cameroon – Nigeria
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conflict over the Bakassi Island until 2004; Mali – Burkina conflict in 1986 and the Ethiopia – Eritrea confli conf lict ct in 2001. 2001.
Mis Misma mana nage ge ment of Economic Economic Re sour so urce ce s Conflicts are also started by groups of people in countries where there is poor governance, corruption and widespread poverty. In such countries people know that national resources are mismanaged and such realization triggers serious resentment and political instability leading to conflicts. This is worse where a small mi minori noritt y controls the sta state. te.
Refugees As a result of many conflicts in Africa, the population of refugees is also increasing. Large numbers of refugees increase pressure on local resources of host communities. Sometimes, refugees use these areas as springboards for attacking their government forces. This result into the invasion of foreign troops into the host comm c ommuni unities ties and, in so doing, doing, initi initiating ating border in incidents cidents and fig f ightin hting.For g.For exampl e xample, e, the border borde r incidents that were experienced between Zambia and Rhodesia (Zimbabwe) and between Angola (es (espec peciall ially y during during the period of UNITA) UNI TA) and Zambia. Zambia.
Poverty, illiteracy and unemployment In many Third World Countries poverty and inequality in accessing goods and services increase tensions that lead to conflicts in urban areas. It is in the urban areas where there are thousands or millions of the
unemployed poor people, also known as the Lumpen Proletariat (in Zambia commonly called Kapo nya)) who are usually Kaponya usually easy eas y targets for f or war recruiters re cruiters and a nd poli political tical extremists . Injustice Wherever there is injustice peace will never prevail. This is because injustice , which manifests itself in many ways, is the source of anger, frustration and resentment to the existing government. Wars of independence were fought in many parts of the world against the governments that did not practice justi justice. ce. Civil wars are civil civil conflicts conflicts that are caused caus ed by unjust unjust practice pra ctice of the existing governments.
11.6.5 Discuss effects of conflict on society society Impact of Conflicts in Africa
Although some people have different opinions on them, conflicts in whatever form are predominantly negativ negat ivee to the people. The followin following g are some of the negativ negat ivee impacts of conflicts: conflicts:
Negati Neg ative ve Im Impa pacts: cts:
Conflicts lead to killing of many innocent people especially children, women, the disabled and old people. Apart from dying, women are also sexually harassed during conflicts. In the end conflicts confli cts bring frightening human suffering suffe ring..
Conflicts force people to run away from their homes to take refuge in areas where there is no war. This can be either within the country, as internal displacement, or outside the country as refugees. This means that conflicts uproot people from their local area to new areas. Africa has at least 350 million refugees running away from various conflicts in their countries. Zambia has a share of these refugees in Meheba in NorthNorth-Western province, Mayukwayukwa in Western province, Ukwimi in Eastern province and other parts of Northern and Copperbelt provi pro vinces. nces.
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Where conflicts take place, the infrastructure is badly damaged. These include bridges, buildi bui ding ngs, s, airports, airports, seaports, telecomm telecommun uniications cations and railway railway lines. Exam Exampl ples es are found found in Southern Sudan, Chad, DRC, Angola and Mozambique where wars have extensively destroyed parts of these countries. The railway line from the Copperbelt of Zambia to the Seaport of Benguela in Angola is not in use today because it was destroyed during the Angolan Ango lan wars of independ independence ence..
The economy of any country in conflict is negatively affected. Agriculture and trade decline as a result of conflicts. People find it difficult to go to their farms to cultivate and if there are crops to sell they find it difficult difficult to transport their t heir produce to the markets. market s.
During the period of conflict, public expenditure is predominantly for military effort. Such expenditure normally increases the national debt as the country borrows for the war effort. Insecurity Inse curity stops in invest vestors ors from es establishing tablishing industries industries in the countries eexperiencing xperiencing conflict. conflict.
By nature, civil conflicts or conventional wars destroy the environment. There is environm envi ronmen enta tall degradation degradation in pl plac aces es of war in in Africa Africa aand nd elsewhere. elsewhere .
Conflicts increase risky sexual behaviour of the people on the run and the combatants. Conflicts make the situation worse as they prevent activities to intervene in epidemics, leading to total collapse of health systems.
Conflict weakens governance institutions; Countries that have been through armed or civil
conflicts experience a breakdown or collapse of its social and political institutions, policypolicy making processes, and communication channels of the state. In such cases, the government becomes becom es ineffective neffective and un unabl ablee to provi provide de pu publ bliic go good odss and services services such as Somali Somaliaa (fai (failled State).
Disruption of health services and food supplies; this is one of the most immediate effects of armed conflict. It is asserted that during wars farmers become very fearful of working on the fields too far from their homes. Similarly, since health facilities remain open they are so vulnerable to looting and some are forced to close down. This disruption in most cases affects the women and a nd children children more than men and adults.
Disruption of educational services; in armed conflicts, not even schools are spared from attacks. In rural parts of our continent a school may be the only substantial permanent structure, making it highly susceptible to shelling, closure and looting. Others have argued that teachers are in most cases prime targets because they are important community members or hold hol d strong str ong politica politica l views. views .
Emergency of Child Soldiers; children as young as 8 years are forcibly recruited, coerced and induced to become combatants. This conscription leads to children participating in armed conflicts as active soldiers. They are also used in support functions such as cooks, messengers and spies. Others, mainly girls, are forced to provide sexual services. From support roles, the children sooner than later would become placed in the battlefront and as some commentators have argued, argue d, due to lack of tra train inin ing, g, they have become vulnerabl vulnera ble. e.
Refugee InIn-flows; associated with armed conflicts is the refugee situation the inin-flow of refugees creates burdens and grievances in neighbouring countries and the possibilities of spill--over conflicts. spill
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Positive e ffe cts of Conf Conflicts: licts:
Although conflicts are generally negative to the well well-- being being of soci societi eties, es, they are also benefi beneficial cial to a number numb er of people. How does one benefit from conflicts?
When one group captures the territory of the enemy, the resources such as minerals, timber, agriculture and land are plundered by the group that has captured the resources. The UNITA group in Angola gained economically from the conflict by exploiting diamonds for export to support the conflict. The same was true of the military group RUF in Sierra Leone. Most of the minerals in the eastern part of Congo DRC bordering Uganda and Rwanda are controlled and exploi exploited ted by foreig fore ign n armies a rmies in control of the ter territory ritory..
Conflicts require arms (guns), ammunitions, uniforms, boots, food and military hardware like tanks and planes. The companies producing these materials supply them at a cost to the groups fighting each other. In that way, the suppliers of military materials gain economically from conflicts. conflicts.
Many conflicts have resulted in one group being defeated. Such a defeat leads to territorial expansion by the victors in the conflict. For example, Israeli‟s territorial expansion into Syria after defeating it in a short but decisive 1973 Golan Heights war. The same was true in the 1967 Israeli – Egypt war that led to the capture and occupation of the Sinai Peninsula by Israeli.
If the conflict involves more groups or nations, alliances are formed in order to defeat the other side. Such alliances created unity among the alliance members In the DRC -Rwanda conflict, many countries joined the conflict and, hence, creating two alliances: those against DRC such as Uganda, Burundi and Rwanda and those supporting Congo DRC such as Libya, Angola, Angol a, Zimbabwe Zimbabwe and Na Nami mibi bia. a. Such all alliance iancess ha have ve ce cemented mented political political uni unity ty..
Those who work hard to bring peace in the regions of conflicts also benefit from the conflicts. They send peacepeace -making teams to end the conflicts and also where necessary send peace keeping troops to enhance a peaceful atmosphere in the conflict zones. The international community provided much funds to Zambia to bring about peace in DRC. The funds were used for coco-ordination in the processes of negotiation, reconciliation and arbitration. Zambia was also given funds to cater for the thousands of refugees who settled in the country from the conflict zones. zones.
11.6.6 Desc De scri ribe be conf co nflict lict re re solu so lution tion strategie strategie s Me thods thods of Res olving Conflicts Conflicts Conflict resolution is the settlement or avoidance of disputes between individuals or groups through solutions that avoid violence and attempt to rere -unite and rere-harmonise the people in conflict. Conflict resolution is also a means to maintaining peace, which in turn enables society to develop itself. Different methods have been tried at the same time to resolve conflicts. Conflict resolution methods should aim at addressing the main causes of the conflict. The following are not the only conflict handling skills people use. Some may apply to one conflict, conflict, others may not. not. Counselling This method is used normally in individual situations. The counsellor is someone trusted by both parties.
He or she explores and assesses the problem. After that the counsellor applies an appropriate intervention
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to solve the problem. This helps to relieve the conflict and the individuals change their behaviours positi posi tively vely.. Counsel Counselling ling is go good od for interp interpersonal ersonal (between persons) confli conflicts. Negotiation This is a process conducted by a reliable and skilled negotiator directly between the disputing parties. The dispute can only be resolved if the parties or groups concerned reach a mutually acceptable solution that can be implemented. The negotiations that led to peace between the Sudanese government and the Garang‟ Gara ng‟ss Liberation Libera tion Movement in Southern Sudan is a good example of negotiation. negotiat ion. Mediation This is a method of conflictconflict-handling by a neutral third party acceptable to the disputing parties or groups to arrive at an acceptable solution generated by the parties or groups themselves. This method aims at balanci bal ancing ng the two sides sides and drawing drawing them closer closer to each other other by accomm accommod odati ating ng each other other‟‟s views views beforee reaching befor reaching a resoluti resolution on.. The medi mediator is accepted acce pted by bo both th sid sides. es. The med mediiatio ation n that went on to try and solve the LundaLunda -Luvale conflict conflict in Zambia is a good example. example. Arbitration This is a conflictconflict-handling skill undertaken by an arbitrator who is appointed by the disputing parties or groups to resolve their differences. The arbitrator listens to the parties and afterwards provides a decision which is binding to the parties affected. Such a decision is normally provided in writing. The im impl plemen ementat tat ion depends on both parties acce ac ceptin pting g the final decision. decision. Litigation: This is one of the conflict resolution methods that allow the parties concerned to proceed to the public courts of law. Through legal representation, they resolve their difference by applying the laws of the country. In this method of resolving conflicts, a judge is empowered to make and implement decisions. Sometimes, disputes or conflicts between countries are taken to the International Court of Justice in The Hague to be resolved. resolved.
11.7 Child Abuse Abuse 11.7.1 Describe child abuse A child is any person who is sixteen years or below. Child abuse is any form of ill treatment of a child.
This illill-treatment could be either physical or mental. Physical abuse could be battery, canning, slapping, and pinching of the skin, pulling ears, burning of the skin, biting the child or any action that can cause physi ph ysical cal imp mpairm airment ent of the chil child. Mental abuse could be lack of love, neglect, insults, shouting at the child, namename-call ca lling ing or ridicule. ridicule. Child sexual abuse and sexual assault assault Sexual abuse is any sexual act imposed on a child or young person and includes fondling a child‟s
genitals, making the child fondle the adult‟s genitals, intercourse, incest, rape, sodomy, exhibitionism and sexual exploitation. To be considered child abuse, these acts have to be committed by a person who is related or close to a child. child . Sexual assault is when a stranger commits the above acts to a child. Sexual abuse and sexual assault can ca n be handled by the police police and criminal criminal courts. courts . 11.7.2 Explain different forms of child abuse Child defilement defilement
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Defilement is the act of having unlawful sexual intercourse with a girl under the age of 16 years with or without her consent. Defilement is a crime and it should be reported immediately. The penalty for defilement is imprisonment. Attempting or trying to have sex with someone under the age of 16 can earn a person fourteen years imprisonment. Therefore, people who marry girls under the age of sixteen should be prosecuted for defilement. defilement. Child battering battering Child up battering a form of child abuse where someone beats child often. people beat chil childrenis as a form of pu puni nishm shment. ent. Thi This, s, ho however, wever, is adiscourag discouraged. ed. ItMost is better to discuss issues with children rather than resorting to beating when they do something wrong. wrong. Child neglect neglect Child neglect is a situation where children are not taken care of by their parents or guardians. Children are not given the love and care that they need for personal development. Sometimes, babies are abandoned. Some children are expected to fend for themselves. Other forms of child neglect include children fending for the family, lack of parental gu guiidance, parents being being prepre-occupied with their careers and creating wealth for the fami fa mily ly at a t the expense expens e of taking care c are of their chi c hild ldre ren. n. Child labour labour Child labour refers to work that is mentally, physically, socially or morally dangerous and harmful to children. This work normally interferes with the children‟s opportunity to attend school, their overall development and recreation. For instance, children are expected to combine school work with heavy work. Sometimes children leave school prematurel prem aturely y to work. work. However, However, it is worth noting noting that chi chilldren need to work for their their own personal person al develop developmen mentt as well as that of their their famil family by do doiing ho househo useholld chores. This This is a form of tra train ining ing for life. life. Child trafficking trafficking This is the illegal transportation and selling of children within or outside a country for prosti pro stituti tution on,, po porno rnograph graphy y, forced labour abour, crime crime or bu busi siness ness inv nvol olvi ving ng selli selling of sexual private pri vate parts. parts. The effects on the victim may be classified under the headings of physical, mental and sexual. Physical effects include injury or physical harm. Mental effects include depression,
anxiety, suicide and sexual effects may include unwanted pregnancies, Sexually Transmitted Infections (STIs). (STIs). Child prostitution prostitution Child prostitution can be described as sexual exploitation of children. Child prostitution can either be forced or voluntary. Forced child prostitution is a situation where girls are compelled to sell sexual services in brothels. Voluntary child prostitution is a situation where girls sell sexual services in order to pay for their school fees, drugs or to meet their daily needs. needs.
11.7.3 Discuss ways of addressing child abuse Ways of Addr Addree s s ing Child Abuse Child abuse is a serious problem that needs concerted effort in order to alleviate it. It affects the whole society. The foll following are some of the ways by whic whic h chi c hild ld abuse can be be addressed: a ddressed:
Legislation on child c hild labour: lab our:
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This should include the legal definition of the minimum age below which children should not be engaged in particular types of work. It should prescribe penalties for practising, and encouraging all forms of child labour. According to the Zambian Labour Law, the minimum age for employment is 16 years. years. Enacting stiff punishment pun ishment for f or child c hild defiler de filerss including inclu ding those who batter b atter or o r neglect ne glect their th eir ch children. ildren.
Sensitising the community community abou aboutt child abuse. Repor Reporting ting cases ca ses of o f child abuse a buse.. Speaking out about the problem of child abuse. Encou Encouragin raging g victims to go to the Victim Suppor Sup portt Unit, Drop in Centres and NGOs for fo r coun selling services servic es and a nd legal le gal advice a dvice..
11.7.4 Describ De scribee se xual xual hara harass ss ment ment Sexual harassment is when someone keeps on saying things or doing things of a sexual kind, like touching you or making sexual remarks, and he does this even though he knows you do not want it. It also includes a promi pro mise se of a job ob,, promo promoti tion on,, traini training ng and any favours favours in return for sexual favours. favours. These promi promises ses may be spoken or strongly hinted. Sexual harassment also includes hints or threats that things will not go well for you if you refuse sexual demands. demands. Sexual harassment is not only when a person demands that you go out with him or sleep with him but also when men think think they have a right right to touch a woman or speak to her in in a wa way y the woman woman does not w want. ant. 11.7.5 Discuss ways of protection against sexual harassment and rape. Protection against Sexual Harassment Harassment
Make it clear you do not want that kind of behaviour from the person as a result, she or he has no excuse exc use that you encouraged encourage d hi him m or her to think think that you approved his his or her conduct. conduct.
If he or she does not stop harassing you, keep a record of the incidents in a small note - book book.. Write rite them down and ask a friend to witness them. the m. This w way ay your friend will support s upport you.
Discuss the problem openly and you will probably find others who have been suffering the same probl pro blem. em. In that that way, way, you can c an make make the probl problem em kn known own,, which which may stop the harasser harasse r.
Do not let let anyone a nyone into your home if you feel fe el in in any a ny way doubtful or suspicious. suspicious.
Try to avoid situations that make you feel uncomfortable or unsafe, even if you can see no real reason for your feelings. feelings.
Try to get help from the poli police ce im immediate mediate ly if you know or suspect suspe ct that you are in in dange danger. r.
Try to make your home as secure as possible. possible.
Try to get help from someone nearby, but stay alert and use your judgment. Otherwise you may escape from your attacker only to find that the person you appealed to for help takes advantage of your vulnerability. vulnerability.
If you are walking and a car follows you or stops beside you, stay as far away from the car as possib po ssiblle and keep wal wa lki king ng even if you are a re helpi helping ng the driver driver by givi giving him him directio direction. n.
Hitch- hiking is risky especially for girls and women. If you have to take a lift, trust your judgment Hitchabout the person or people in the car. ca r.
When you you travel trave l alone alone using public public tra transport, nsport, try to sit near nea r another woman. woman. Remember that are planned It isora play goodwith ideayour to vary your behaviour, such as the route you usemost and rapes the times you takeintoadvance. fetch water friends.
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If you learn self -defence skills, remember that you are still vulnerable. Your attacker may have a gun or a knife, or he may simply be stronger or more skilled in martial arts than you are. Practice your self -defence skills regularly. regularly. Rape Rape Q; Explain Explain the mean me aning ing of rape. rape.
Rape is when a man/woman has unlawful sexual intercourse with a woman or girl/man or boy without her or his consent by using force and or by means of threats or intimidation. Rape is legally defined as: Any person pers on who has unlawf ul carnal carn al k nowledge nowled ge of a woman or girl without her or with her consent. Q: Sugge Sugge st wa ways ys of Res isting Rape. Rape. One can resist rape in in the follo follow w ing ways: ways: Attention se e king tactics tactics : shouting, shouting, sc scre reaming aming or trying trying to get someone someone to help. help.
exa mple, e, ref refusing using to take your clothes off. off . Non--cooperation tactics : for exampl Non Psychological tactics: for example, reasoning with the rapist, trying to frighten him, disgust him or
gain his sympathy. sympathy.
Physical resistance : fighting back bac k or struggling. st ruggling.
However, Howe ver, it is worth notin noting g that there the re is no single single right way of reacting, when attac a ttached hed by a rapist. rapist. 11.7.6 Explain Explain cause causess of tee na nage ge pr pree gnancies gnancies This is attributed to a number This number of factors: factors: Peer pressure – Sometimes boys and girls engage in sexual activities due to peer pressure and would
like like to be be li like ke others. others . This, This, often resul res ultt in teen tee n pregnancies. pregnanc ies.
Personal development - As children grow up, they develop sexual feelings and emotions, which they do not not understand. As a result, they want to fulfil fulfil these urges. urges.
La Lack ck of s e x e du ducati cation on - Pa Parents rents should should discuss se sexual xual iss issues ues with their chi c hild ldren. ren. Influence from society and the media . For example, the type of socialization, breakdown in morals, in influence fluence of other cultures cultures,, modern songs, television and ra radi dio o programmes programmes..
Cultural issues – In some societies, girls are married off at a tender age. The traditional preference
for the boy child to go to school rather than the girl child has disadvantaged the girl child. As such gi girls rls tend to be mar married ried off early. early.
Economic issues – due to high poverty levels some girls tend to engage in sexual activities for monetary gains. This often results in pregnancies, Sexually Transmitted Infections (STIs) e.g. HIV and AIDS, and syphilis. syphilis.
11.7.7 Explain Explain the the e ffe cts of tee na nage ge pr pree gnancies gnancies.. Effects of Teenage Pregnancies There are a re several severa l effects effe cts of teenage teena ge pregnancies pregnancies on the the mother as a s well as the the chil child: d: The health of the mother is affected because she is not yet mature for reproduction.
The mother may not know how to take care of the baby; consequently, the baby may have poor health, for example, malnutrition. malnutrition.
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The girl may be stigmatized by society and may not bear the shame or may not cope with the emotions. emotions.
The young couple may not cope with the costs involved in bringing up a child and may shift the burden bu rden to parents. parents.
Chances of the girl girl getting getting married are at stake. stake. Child dumping. dumping. Disturbancee in the education educa tion of the the mother. mother. Disturbanc
11.7.8 Identify ways of preventing teenage pregnancies abstinence abstinence
avoiding avoidi ng bad company company setting goals or principles principles di disc scussing ussing with friends friends avoiding alcohol alc ohol and drugs drugs resisting resistin g peer pressure pressure upholding good mora morall values value s Being occ occupi upied ed with activities activities li like ke jo joining ining the youth youth club c lubs. s.
11.7.9 Discuss Discus s instituti institutions ons that add address ress socia so ciall challenge challengess
Police Victim Support Unit. Unit. Young Christian Women‟s Association Assoc iation.. Young Christian Men‟s As Associat sociatio ion. n. Le Legal gal Aid Clinic Clinic for Women Women Other NonNon-Governmental Organisations Organisations
GRADE 12 TOPICS 12.1. 12. 1. INTERNATIONAL INTERNATIONAL HUMAN RIGHTS INSTRUMENT 12.1.1. 12. 1.1. Des De s cribe cribe the the International International Bill of Rights (IBR)? IBR is made up of the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and cultural Rights Rights ICESCR) ICESCR ) and the two Optional P rotocols to t o the ICCP R.
12.1.2. 12. 1.2.
Explain Explain the Unive Unive rsal Declar De claration ation of Human Human Rights (UDHR)? The UDHR is an internationally recognised and agreed upon instrument which contains 30 Articles through which individuals and governments can work to deliver basic rights. It is a Declaratio Dec laration n that was derived derived from the the UN Charter.
th
th
NOTE: UDHR was adopted by United Nations on 10 December, 1948 in Geneva. 10 December is considered World Human Rights Day. Somee of the Som the UDHR Art Articles icles ar aree : Everyone: Is born in freedom, fre edom, equality and dign dignity. ity. 1.
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2.
Ha Hass the right right to life life and a nd to live live in freedom fre edom and safet sa fety y.
3.
Has the right right to liberty/freedo liberty/freedom m
4.
Ha Hass the right right to equality equality before the t he law law and a nd equal protection. prote ction.
5.
Ha Hass the right to be presumed pres umed innocent until until proven guilty guilty by an im impartial partial Judge.
6. 7.
Ha Hass the right right to privac privacy y. Ha Hass the right right to nationality. nationality.
8.
Ha Hass the right right to marry.
9.
Has the right right to education.
10. 10.
Has the right right to work.
11. 11.
Ha Hass the right right to participate in the cultural cultural li life fe of the communit communit y.
12. 12.
Ha Hass the right right of thought, thought, conscience consc ience and religi religion. on.
13. 13.
Ha Hass the right right to freedom free dom of express expre ssio ion n and opini opinion. on.
14. 14.
Has the right right to freedom free dom of assembl ass embly y and associati ass ociation. on.
15. 15.
Has the freedom of movement.
12.1.3. Des cribe cribe Treaty Based Base d Human Human Rights Rights Instruments Instruments.. The Treaty Based Human Rights Instruments are legally binding documents. The International Covenant on Civil Civil and P ol oliti itica call Right Right (ICCP (ICC P R) and the Inter International national Covenant on Economic, Economic, Social and Cultural Rights (ICESCR ( ICESCR), ), both instruments instruments we were re adopted in 1966. 1966.
NOTE: The ICCPR has two (2) optional optional protocols. An optional protocol protocol is a provision provision attached to an Internationa Intern ationall Instrument which wh ich is meant mean t to of fe ferr more protection of o f the right rig ht in the th e treaty. a) The first Optional Protocol to the ICCPR provides a mechanism for an individual to complain on human rights violations contained in the ICCPR to the United Nations Human Rights Committee. It was adopted in 1966.
b) The Second Optional Protocol to the ICCPR was adopted in 1989 and came into force in 1990. It aims at the abolishing abolishing death dea th penalty in countries that ratify it. 12.1.4. Des cribe cribe the Specialise Specialise d Human Human Right Rightss Instrum Instrumee nts. These Human Rights Treaties are referred to as specialised because they focus on particular human rights rights issue or a particular group of people. Some of of the special spec ialised ised human human rights instr instruments uments are are:: ICERD, ICERD , CEDAW, CAT, CAT, CMW and UNCRC. UN CRC.
1.
The International Interna tional Convention on the Elimination Elimina tion of all forms of Racial Rac ial (ICERD )-1965
Discrimination Discr imination
This Convention was adopted in 1965 by the United Nations General Assembly and came into forcee in 1969. forc 1969. It was w as drafted draf ted to draw atte a ttentio ntion n to racial discrimination discrimination which was still ra rampant mpant in in the world such as segregation of the blacks in America and apartheid in South Africa and the rest of Africa Afr ica under colo colonial nial rule.
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Under the Convention Convention ICERD) State Sta te parties are a re expected to do the foll following:owing: -
i.
Condemn Cond emn racial ra cial discrimi discriminati nation on,, segregatio segre gation n and a nd apartheid.
ii ii..
Condemn ideas idea s tthat hat promote the superio super iority rity of one race rac e or or a group group of persons of one colour. colour.
iii.
Use effective measure such as education, culture and information with a view of combating prejud prej udiices which which lead to racial racial di discrimi scrimination. nation.
2.
The Convention on the Elimination of all forms of Discrimination against Women (CEDAW). (International (Interna tional Bill of Rights for Women) -1979
It was adopted by United Nations in 1979 after recognising the need for the human rights instrument that directly addresses women‟s issues, protects and promotes their socio--economic rights. socio
Signatories to the Convention are obliged to exercise equal treatment of women and men. State parties are a re expected to undertake, undertake, among other things: things:--
i.
To domesticate domestica te the principle principle of equality of men and women in their legislat legislation ion (laws) (laws )
ii.
To elimin eliminate ate all forms of di disc scriminati rimination on again aga inst st women.
iii.
To es establi tablish sh legal protection prote ction of the rights of women on an equal basis bas is with men.
iv.
Modify Modi fy or abolish abolish cultural practices pract ices which constitute const itute disc discrimin riminat at ion io n again aga inst st women.
v.
To eliminate discrimination against women in all matters relating to marriages and property pro perty.. 3. The Convention Against Torture and Other Cruel Inhuman or Degrading Treatment (CAT) 1984
This Convention came into being on 10th 10th Dece De cember mber 1984 and Zambia Zambia signed itit in in 1 1998. 998. The purpo pu rpose se of this this Convent Conventiion is to forbi forbid absolutel absolutely y witho without ut any reservation reservation torture torture and inh nhum uman an or
degradin degra ding g treatme tre atment nt or punishment. punishment.
The State parties are expected to do the following:following:-
i.
Prohibit torture.
ii ii..
Punish torturers.
iii.
Educatee citizens Educat citizens on the evils evils of torture.
iv.
Rehabi Reha bili litat tatee the victim victimss of torture through thr ough counselling.
v.
Control the t he systems syst ems of in inter terrogati rogation on and detentio dete ntion n
vi.
Not to „refoul „refouler er‟. ‟. Refoul Refouler means to send back a person to a country country where he or she is likel kely y to
undergo torture. torture .
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4. The International Convention on the Protection of the Rights of All Migrant Worker Workerss and Members of their Families Fam ilies (CMW) (CMW)-1990
This Convention was adopted in December 1990 by the United Nations General Assembly. The States that ratify or accede to the Conventio Convention n are expected to ensure that mi migrant grant workers whose rights have ha ve bee been n violated violated may se seek ek ju judi dicc ial remedy reme dy..
Categories Cat egories of migrant migrant workers worker s outlined outlined by the Convention ar are: e:
i.
Frontier Workers: Are those who w ho live live in in a neighbouri neighbouring ng country to which they return daily dail y or at lea east st once a week. wee k.
ii.
Seafarers : Are those who are emp e mplo loyed yed on water wate r vessels vess els registered registere d in in a coun country try other than their own.
iii.
Seasonal Workers : Are those who get work in foreig foreign n countries countries during during specific specific seas s easons ons such the harvesting season. sea son.
as iv.
Workers on offshore installations : which are under the authority of a country other than their own.
v.
Itinerant : Workers who mo move ve from pl place ace to place place in search sear ch of work.
vi.
Migrants employed for a specific spec ific project : in industria dustriall pl plants ants among others vii.
For exa exampl mple, e, constr construction uction of roads roads,, dams,
Self -employed workers : working working for oneself. onese lf.
The following following ar aree so some me of o f the provisions provis ions of the CMW. CMW.
i. as
Non-discrimination of migrant workers and their families without distinction of any kind, such Nonse sex, x, rac race, e, colour, colour, language, religion, religion, nationality, nationality, ethnic, age, age , origin. origin.
ii.
Statee Stat
Migrant workers and members of their families shall be free to leave any State including their of orig origin in..
iii.
The right right to li life fe of mi migrant grant workers worke rs and their fami fa mili lies es shall be protected. protec ted.
iv.
No migran migrantt worker worker or member member of hi hiss or her famil family shal shalll be required required to perfor perform m forced or compulsory labour.
v.
No migrant migrant worker or member member of his his or her famil family shall shall be held in slav slavery ery or servitud servitude. e.
12.1.5. Explain the provisions of the African Charter on Human and People’s Rights? The African Charter on Human and People‟s Rights (also known as the Banjul Charter) is an International Human Rights Instrument that is intended to promote and protect human rights and basic freedoms fre edoms in the African Africa n Continent. Continent.
th
st
It was adopted on 27 June 1981 1981 and a nd was entered entere d iinto nto force on 21 October, 1986. Reasons why the African Charter on Human and People’s Rights is different from other International Human Rights Instruments
Its provisi provisions ons sa safegua feguard rd the rights of in indi divi vidua dua ls as well as p people eople or groups
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It proclaims both rights rights and duties duties
It codifies codifies and emphasises in indi divi vidua dual‟s l‟s as well as people‟s people‟s or group group rig rights hts
It guarantees civil and political rights as well as economic, social and cultural rights and group rights
It permits the State parties to impose restrictions and limitations on the exercise of guaranteed rights
The following following are some of the provisi provisions ons of the African Afr ican Charte Cha rterr on Human and a nd P eople‟s Rights:Rights:- Respect of one‟s life. Equal protection prote ction of the law. law. Rightt to lib Righ libert erty y and security sec urity of a person. pers on. Rightt to be heard. Righ hear d. Freedom of conscience, conscience, the profess professiion and a nd free practice of relig religion ion shoul should d be gu guara aranteed. nteed. Rightt tto Righ o rec receive eive in informati formation, on, right to express expre ss and diss disseminate eminate his opinion opinion freely fre ely.. Right to associate freely. Everyone should be equal; nothing nothing shall sha ll justify justify the domi dominat nation ion of one p pers erson on by another. Family Famil y shall sha ll be national unit unit of the society societ y and shall be protected protec ted by government. government. Rightt to national and Righ a nd in inter ternationa nationall peace pea ce.. Right to education Duties Duties
The rights and freedoms of individuals and groups shall be exercised with due regard to other rights of other people
African cultural values are prescribed and strengthened in relation with other members of society soc iety in in the spirit spirit of tolerance, toleranc e, dialogue dialogue and consultat consultation ion in order to promote a moral society. State Sta te Obligations Obligations Rec Recogni ognise se the rights enshrined ens hrined in the Charter Charter Adopt legisl legislat at ive and other other measures for their their effec ef fectiv tiveness eness Subm Submiit State reports re ports on on legisl legislature ature and other other measures independence of the Judiciary Judiciary Ensure independence Undertake human human rights rights training training and awareness aware ness programm programmes es Esta Establ blish ish nation na tional al institut institutions ions to promote and a nd protect protec t human human rights rights 12.2.1. Des cribe cribe Child Children’ ren’ss Rights Rights A child according to the International Law is a person under the age of 18 while a right is a lawful claim a person pers on expects expec ts from the society. Therefore There fore,, Chil Children‟s dren‟s Rights Rights are rights which which are enjoyed by persons pe rsons below the age of 18. 18.
Reasons Re asons for a se pa para rate te Human Human Rights Ins trument trument for Children Children
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Children Chil dren experience exper ience discrimination discriminat ion and need nee d a speciali spe cialise sed d instrument to protect protec t their ri rights. ghts.
Children are individuals with equal status as adults. Governments have a moral duty to acknowl ac knowledge edge the rights rights of children children as in indiv divid idua uall cciti itizens zens at all levels.
The highest level of development of a country can only realised with the full and healthy particip parti cipation ation if chil children.
Children Chil dren are more more aff affec ected ted by government‟s government‟s ac action tion and poli policies cies than any other group. Children Chil dren become bec ome in independe dependent nt only only with w ith the help of of adults. adults.
Children have limited access to complaints mechanisms, the legal systems and courts to protect pro tect their their ri righ ghts. ts.
Children are more vulnerable to exploitation and abuse because of their physical, emotional and psychological psychologica l im immaturity maturity and their dependence on adults.
Children Chil dren generally gener ally do not have the franchise fra nchise hence henc e not not taking part in the poli politica ticall proce process sses es..
Children are a safeguard of the human race without whom the human race will become extinct.
12.2.2. Describe the four (4) principles of the United Nations on the Rights of the Child (UNCRC) The United Nation Na tionss Convention on the Rights Rights of the Child Child was adopted a dopted by the United Na Nation tionss th on 20 November, 1989 and entered entere d into into force forc e in 1990 1990 and a nd it is base based d on on the follo following wing princi principles ples :-
i. Non- Discrimination: Discrimination: No chil child shoul should be treated un unfair fairlly on any basis basis such as; their their language, their parents pare nts being poor or rich, rac race, e, religion religion or abil abilities. ities. ii ii.. of entire
The best interest of the child: All adults should should do what is bes bestt for children. children. The best inter interes estt the child child should should be the primary primary concern conce rn for the pare parents/guar nts/guardi dians, ans, the government and the communit communit y at large.
Children have the right right to live. live. There Therefore, fore, government should iii. Survival and Development: Deve lopment: Children ensuree that chi ensur c hildren ldren survive and develop healthi hea lthily ly.. For the child children ren to deve develo lop, p, they need educa education, tion, play play and leisure, leisure, access acce ss to info informati rmation on among among others. others.
iv. butt bu
Participation: The Convention encourages encoura ges adults to liste listen n to the opini opinion on of child child and invol involve ve them in decisi dec ision on making. making. However, Howe ver, this does does not mean mea n givi giving ng chi child ldre ren n authority authority over adults, adults, gi givi ving ng them room room to contribu contribute te according according to their their abi abillity. ty.
12.2.3. Discuss the provisions of the UNCRC and the two (2) optional protocols. The UNCRC is composed of 54 articles/provisions with two (2) Optional Protocols. The following are some of the provisions:provisions:-
i. has
The right to have a name and nationality. Every chi c hild ld is entitled entitled to a name, nationality nationality and the right right to kno know w her/his her/his parents pare nts and to be ca cared red for. for.
ii ii.. they
Freedom of thought, conscience and religion: Children are free to think and believe what wa want nt and to prac practice tice their religi religion. on. However, Howe ver, parents pare nts have a duty to guide guide their children children in
these
matters.
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iii.
right is is for the protection protec tion of his his or/her privacy, Right to Privacy, Honour, Reputation: This right family famil y, home, unlaw unlawful ful att attac acks ks on hi hiss or her honour honour and re reputation. putation.
iv. her
Non-Separation from parents: This right ensures that if the child is separated from his or Nonparents, he or she has the right right to keep contact contac t with with h his is or her parents.
v. care; ca re;
The right to Health and Health Services: Children have the right to good quality health sa safe fe drinking drinking water, wat er, nutritious food, f ood, clean clea n and sa safe fe environment. environment.
vi.
Right to Education: All children have the right to a Primary Education which should be free. The School environment environment should be conducive for f or learning in a free fre e and friendly atmosphere. atmospher e.
vii. res restt to
Environments shoul s hould d re recogniz cognizee the right right of the chil child d to The right to place and recreation: Environments and leisure leisure,, to engage in in pl play ay and rec rea reation tional al ac activi tivities ties appropriate to the age of the chil child d and participate freely fre ely in cultural li life fe and art arts. s.
viii.
Protection from child labour: This is is the right of the child child to be protec protected ted from ec econom onomic ic exploitation and from performing any work that is likely to be harmful to the child‟s health or physi ph ysical, cal, mental mental,, moral moral or social social develop developmen ment. t.
ix.
Protection from sexual exploitation: Children Children should should be be protected protec ted from all forms of sexual abuse example defilement.
x. care, ca re,
Children with disabilities: This right right provides provides that t hat a di disa sabl blee child child has the rig right ht to spe special cial educa education tion and tra train inin ing g to help hi him m or her full and decent dec ent life life
xi. Parental responsibility: This provision give both both parent par entss joint joint primary re respons sponsibi ibili lity ty for bring bri ngiing up their their chil children and shoul should always con c onsid sider er what is best for eac each h chil child. UNCRC Optional Protocols
i.
The CRC first Optional Protocol on the Sale of Children, Child prostitution and Child Pornography (CRC(CRC-OP OP--AC): It prohibi prohibits ts the sa sale le of children, children, child prostitution prostitution and chil child d porno po rnograph graphy y.
ii ii..
The CRC Second Optional Protocol on the Involvement of Children in Armed Conflicts (CRC--OP (CRC OP--AC): It prohibits prohibits the invol involvement vement of children children in Armed Confli Conflicts cts.. It ensures that personss below person below the age of 18 are not compul compulsorily sorily recruited recruited into A Armed rmed Forces. Forces. Obligations Obligati ons of the the Gove rn rnment ment in fulf fulfillin illing g the Rights o f the Child Child 1. Obligation to respect : It requires the government to stop doing anything that would in inter terfe fere re with w ith a child‟s child‟s enjo e njoyment yment of their rights. 2. Obligation to protect : It requires the state to prevent violations of human rights by other peoplle, it is do peop done ne throug through h enacting enacting legislation egislation that protect chi c hilldren. 3. Obligation to fulfil : It includes obligations to facilitate, promote and provide. The government gov ernment takes steps to ensure the reali rea lisation sation of human human ri r ights.
12.3 12 .3 FAMILY LAW LAW 12.3.1 Describe family and marriage
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A Famil g roup of people who are related related by blood or o r marriage. marriage. y is a gr There are ar e four (4) types of families families in Zambia. Zambia.
a)
A nuclear family: A family that consists of a man, his wife or wives in case of pollyg po ygamous amous marriage marriage and their their chil children.
b)
An e xte nd ndee d family family:: It comprises a man, his his wife or wives, ttheir heir chil children dren and other re relativ latives es such as grandparents, uncles, aunties, nieces, nephews, cousins, inin-laws and grandchildren.
c)
singlee pare parent nt and chil children. This This can ca n be as a resul re sultt of A single headed family: It consists of a singl divorce or being widowed.
d) of
Child headed family: Is a new type of a family that has emerged in Zambia mainly as a result the HIV/AI HIV /AIDS DS pandemic that has has claimed claimed lives lives of many adults leaving children children to bring bring themselves up (as double orphans).
Marriage
Marr iage is a legal union Marriage u nion of a man and an d woman woman or o r women as a s husband husba nd and wife or wives in an eevent vent of of a polygamous polyga mous marriage marriage.. The marriage contract is based on the following:following:-
Rights: Entitl Entitlements ements a wife wife or husband enjoys in the uni union. on. i. ii ii.. Obligations: These are duties duties that a wife or husband husband performs in in the the unio union. n. For example example each eac h of the spouses has a duty to take care car e of and protect the other spouse.
iii. Capacities: These Thes e are abi a bili lities ties or ca capabil pabiliti ities es that ea each ch spouse brings brings to the uni union. on. exampl exa mple, e, a wife has the ability ability to conceiv conce ivee and bear bea r chil children dren ffor or the union. union.
For
iv.
Incapacities: These Thes e are inabil inabiliti ities es or inca incapac paciti ities es that each eac h spouse brings brings to the uni union. on. For example a wife who is not educated and not skilled in anything may bring to the union the in inability ability to provide provide for the union. union. 12.3.2. 12. 3.2. Explain Explain the e lements le ments of fam family ily law law. legall union union of a man man and woman as husband and a nd wife wife.. i. Marriage: a lega ii.
Divorce: the dissolution dissolution of marriage. marriage .
iii.
Maintenance of spouse and children within and after marriage:
Both within and after afte r divorce divorce a spouse spouse has a duty to maintain maintain his or her li life fe partner. partne r.
Under customary after divorce a spouse is dutyduty- boun bound d to maintai maintain n his his or her partner partner for a maximum maxi mum of three (3) years or until until he or or she remarries which which ever happens eearli arlier. er.
iv.
Cust Custody ody of children afte afte r diss olution of marriage marriage:: When awarding custody of children the ages and needs of children are taken into consideration. Usuall Usua lly y the court c ourt gives gives custody to the mother if if the child childre ren n are very ve ry young. young. However, Howe ver, the fat father her will will provide provide maintenance. maintenance .
v.
Adoption of children. children.
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Under the Adoption of Children Act, Chapter 136 of the 1948 Edition of the laws of Zambia, the courts have been be en given given power to grant an order to adults requesting reque sting to adopt a child. child. The Ac Actt has listed listed the categories ca tegories of persons pers ons eligible eligible to adopt children. children.
A couple jo join intly tly wa wantin nting g to adopt an infant infant (a (an n infant is a chil child d less tha than n 7 years yea rs old)
A person who has reached reac hed the age of 21 yea years rs old and is a rel re lative of the the infant.
Both the in infa fant nt or child child and the pers person on applying applying for adoption adoption should live live in Zambia.
A mother mother or father fa ther of the child child either along or join jointly tly with his his or h her er present pres ent spouse. This means that if a person has a chi c hild ld or or chi c hild ldren ren then remarries r emarries and a nd the new partner partner wants wa nts to formal formally ly adopt the children children from the former marr marriage, iage, he or she or togethe togetherr ca can n apply to adopt the children children
The infant has been looked after by the applicant continuously for at least three (3) months beforee the date of the appl befor application. cation.
The person intending to adopt notifies the Commissioner of the intention to adopt three (3) months before the applica application. tion.
least
In case of a couple, both or one of them should have attained the age of 25 years old and is at 21 years ol older der than the in infant. fant.
vi. Legitima Le gitimacy cy of childre childre n Based on the United Nations Convention on the Rights of the Child 1989 (UNCRC) new laws have equalised the position position of children children born outside marriage to those born in we wedl dlock. ock.
vii. Succession. Succession when death occurs in a family is usually defined by traditional names and customs of the ethnic group that family family belongs belongs to.
a
For example the Bemba‟s trace their lineage through the mother (Matrilineal), therefore, when Bemba person, chief or or headman hea dman dies, hi hiss sons are not eli eligib gible le to succee succ eed d him him but one of his his nephewss woul nephew w ould d succ s uccee eed d hi him. m. A complete complete opposite opposite in the case ca se of of the Ngoni.
viii. Inheritance of property. In Zambia today the inheritance of property is provided for in the Testate and Intestate succession succe ssion Act of 1989. 1989.
a)
Testate Succession deals with with inheri inheritance tance of property of a dead (decease (dece ased) d) who left left a wil willl.
A will is a declaration normally in writing stating how a person wants his or her property share d or shared di distribu stribute ted d in in the event of hi hiss or her death. Testator is the person who makes the will in case of a male and the Testatrix is case of a
female.
b) who
Intestate Succession: This is the Act used to distribute the property (estate) of the deceased di did d not leave a will or someone who w ho lef leftt a wil w illl but wa wass nulli nullified fied by the courts of law. law. The di distr strib ibuti ution on is done as follows; follows;
*20% of the estate goes to the surviving spouse.
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*50% of the estate will be distributed to the children both in and outside wedlock. *20% will go to the parents or guardians of the deceased. *10% will go to dependants in equal proportions. ix. Property settlement (Sharing): *After a divorce in a customary marriage the woman usually gets some form of compensation to all allow ow her start li life fe afresh. afres h.
*In a civil marriage the property is shared by she the will Deputy Registrar‟s court in (1/3) the situation where one contributed in the earning of the union, he or be entitled to one third of the total wealth of the couple. *If both spouses contributed to the ea earnin rnings gs of the couple the property will will be shared sha red at 5050-50 basis. basis. 12.2.3. Describe the types of marriage in Zambia According to the Matrimonial Causes Act of 1973, it outlines only two types of marriages, namely Civill or Statutory Civi Stat utory Marriage Mar riage and Customary Customar y marriage. marriage . a)
Civil or Statutory Marriage: It is a voluntary union of one wife and one husband at a time for life exclu exc ludi ding ng all others. others . It is a monogamous monogamous marriage. marriage .
Characteristics of a Civil marriage
It is voluntary voluntary It is monogamous monogamous.. Any of of the spouses spouse s that tha t marr marry y while while still legally married ma rried commi commits ts Bigamy Bigamy..
Consummation Consum mation and consent of of parents or guardians guardians legalises egalises the marriage
It is contracted in the High court. The High court has delegated its powers to the Civic Centre (Local councils) councils)
It is ill illega ega l to convert it to Customary Customar y marriage marriage
Divorce is ver very y complicate complicated d to get get
It guarantees equal rights to both spouses in the marriage
Requ Re quireme irements nts under Civil marria marriage ge Take out a Notice of Marriage: This is done at the Registrar of Marriages. The Notice is published outside the Registrar‟s office for 21 days. After expiry of the 21 days period, the couple registers their marriage withi w ithin n three months. months.
Marriage payments: paym ents: The 1973 Matrimonial Causes Act does not provide any payments unless indi individua vidua ls concerned conce rned just want to observe obser ve the tra tradi dition tion of paying for marriage. marriage .
Age: Under the Marriage Act the parties intending to marry should be 21 years. If the woman is below 21 years but above 16 years, she needs (i) a letter of consent from the parents or guardians and (ii) a sworn in af fidavit fid avit obtained ob tained from the High court. cou rt. An affidavit is a written declaration declara tion or statement that a person makes under oath which will be used as a legal proof for evidence.
Relationship: Relationsh ip: The parties part ies getting get ting married shoul s hould d not be related re lated to ea each ch either by blood blood or marriage marriage..
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b)
Solemnisation of marriage: Solemnisation marriag e: This is when the actual wedding is performed following the laid down rituals such as publicly declaring that s/he has agreed to marry the person standing next to them and saying the vows. The ceremony must take place in room with open doors and between 08:00 hours and 18:00 18: 00 hours. The couple couple is issued a marr marriage iage certificate ce rtificate which is the evid evidenc encee of marriage. Customary marriage
It is the type of of marriage that is contrac contracted ted under customary practices. practices . Characteristics of Customary Marriage
It is bas based ed on customs cust oms and traditions traditions of the parties getting married ma rried
The marriage is contracted at the Local Court
It may not not be voluntary voluntary because beca use arranged or force forced d marriages marriages are allowed allowed
Polygamy is allowe allowed d
It is allo allowe wed d to convert a Customary Customar y Marriage Ma rriage to Civi Civill marriage
Divorce is very cheap to get
Marriage payments to the bridal family and consent from the parents or guardians of the woman lega legali lise sess the marriage marriage
Requirements in a Customary Marriage
Consent: the parents or guardians to the woman getting married give permission for her to marry. marry.
Marriage payments: pay ments: there is always marriage payment as recognition of marriage made by the man to the woman‟s family. family.
Spouses: the parties getting married must be male and female. They must have reached puberty and above 16 years. years.
Relationships: the parties intending to marry should not be related by blood or through Relationships: marriage but in some cultures cousins can marry. The couple is issued a marriage certificate at the Local court by the Local Court Registrar.
Other marriages marriages (a) Cohabitation: This this where the parties concerned decide to live together as husband and wife without consent from their parents or guardians and without following laid down procedures. Under the law this marriage is a void marriage no matter how long they have lived together. However, a cohabitation cohabitation marriage can ca n be validated validated into Statutory Sta tutory or Customary Customary marriage. (b) Void marriage: It is a marriage that has no legal standing right from the beginning. It is null and void. Reasons for void marriage are:
Lack of parental consent consent Non-- publi Non publicat cation ion of banns in church church
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If the man is under 21 years years
If the woman is under under 21 years yea rs and above above 16 without without consent of her parents pare nts or guardians guardians
If one of the parties is already married under the Marriage Act at the time of contracting the marriage marriage
Prohibited decrees of marriage which are relationships by blood (Consanguinity) or by marriage (affinity) (affinity) are brea breached. ched.
(c) Voidable marriage: Is one that is initially valid but later on is invalidated by the court of law. Reasons Reas ons for voi voidabl dablee marriage are: a re:
If a child child born is not the husband‟s child child
If a spouse has contracted an Sexually Transmitted Infections from elsewhere not from the spouse spouse
If the marriage is not consummated due to impotence. Consummation means making marriage legal by having sexual s exual interc intercourse ourse
Wilful Wi lful ref refusal usal to consummate by any of the parties parties
Mental disorder disorder of any of the parties. parties.
Divorce: Is the dissolution of marriage which is done when the court handling the case satisfies itselff that a marriage had actuall itsel ac tually y existed. existed. Divorce Divo rce under unde r a Statutory Marriage
The Matrimonial Causes Act of 1973 states that there is only one ground for divorce which is marriage is broken irretrievably. irretrievably . This means that the marriage cannot be redeemed or saved. Situations that can lead to this are: are:
Adultery of any of the spouses which should be proved with the third person known and named (caught in the act) act)
or both of the spouses conduct themselves in unreasonable behaviour, cruelty or violence One (GBV) that makes it impossible impossible to li live ve sa safely fely..
One partner deserts the other for a period of two years.
Separation with consent of the couple for two years. years.
Living Livi ng apart apa rt for a continuous continuous period of five years. yea rs.
An application for divorce is filed in the High Court. The couple is issued with a temporal divorce certificate called decree nisi which lasts six weeks. If they fail to reconcile they are granted a permanent perm anent di divo vorce rce certificate certificate called called decree absolute .
Divorce in a Customary Marriage
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Divorce will take place depending on the custom the couple were married under. Some payments may have to be returned to the man‟s family. It is the man who divorces the wife and not vice versa. Groundss for di Ground divorce vorce are are::
Adultery of the wife
Cruelty of any party (GBV)
Laziness Lazi ness of the wife
Bad relations with the inin-laws
Infertility
Lack of maintenance maintenance by the man man
Desertion
12.3.4. Asse As se ss the e ffe cts of se pa para ration tion,, divorce and de de ath on the fami family ly The following are some of the impact on the spouse, children and extended family due to separation, di divorce vorce and death deat h in in the family: family: Chil Children dren lack parental pare ntal guidance guidance and ca care; re;
Child ldren ren resort to substance abuse and prostitu prostitution; tion; Chi
Gi Girls rls enter ente r in into to early e arly marriages; marriage s;
Loss of family family ties;
Increa Increase se iin n the numb number er of street stree t ki kids; ds; and a nd
Increase in the spread of HIV and AIDS
Incre Increas asee in ju juvenil venilee delinquenc delinquency y
Disruption of children‟s education
Children dren grow without pare pa rental ntal love love Chil
12.4. DEVELOPMENT PLANNING PLANNING 12.4.1. Explain Development Planning A plan is an intention intention or set of suggestion sugge stionss aimed at achieving ac hieving set goals in the future. Development Planning refers to the deliberate effort by the state aimed at the achievement of certain goals such suc h as raising the standa s tandard rd of li livi ving ng of the people. people. The purpose of development planning is to move towards self -sustaining growth. 12.4.2. Discuss ty types pes of Deve lopme lopme nt Plan Planni ning. ng. (a) Short Term Plan: P lan which may cover c over a short period from f rom six six months to one one yea year r
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(b) Medium Term Plan: most popular choice.
Plan that ranges between three and seven years, with five years as the
(c) Long Term Plan: It is sometimes sometimes referre re ferred d to as the Long Range Development Development Plan (LRDP). It covers a period of ten to twenty years and above. Note: Long ter term m pl plan an is mostly neede ne eded d for the im impl plemen ementat tat ion of ca capi pital tal projects pro jects such as:
Construction Construc tion of HydroHydro-electric power Stations.
Opening new Mines Mines..
Reforestation.
Construction Construc tion of new roads and railway li lines nes..
12.4.3. Des cribe cribe Me thods thods of Plan Planni ning ng (a) Centralised Planning: Planning done by the central government without involvement of the local communities. Note: This ki kind nd of planni planning ng has brought brought the follow following ing problems problems in developing countries like Zambia. Zambia. P lanning lanning is normally dominate dominated d by expatriate expat riate advisors who know very little little about lo loca call communities communities Local conditi conditions ons are not not regarded. It lacks participation of the local community in its formulation and implementation leading to lack of ownership owners hip of the outcome. outcome. Delays in approvin approving g the plan plan as it it is referred referr ed to the headquarters before impl implemen ementat tation. ion. It denies the local people the sense of belonging as they are by passed since the plan is imposed in top--down fas top fashi hion on on lo loca call communities communities
(b) Decentralised Planning: P lanning lanning done at the grassroots gras sroots by involving involving the lloca ocall communit communit ies. Note: Since the year 2000, Decentralised Planning has been rere -introduced in Zambia through activity based budgeti budgeting ng pl plans ans in the commun communiity ty..
(c) Regional and Urban Planning: Planning based on a method of decision making that propose or id identifies entifies goals or ends and does does so by the applica application tion of ana analyti lytica call tec techni hniques ques 12.4.4. Discuss the importance of budgeting and fiscal discipline in development planning. Fiscal discipline means the strict control of public resources. There Therefore fore,, budgeting budgeting and Fiscal Fisca l di disc scip ipline line ensures ensur es strict control of publ public ic res resource ourcess an and d complianc compliancee in taxation taxa tion and public public expenditure.
Some measures put in place to enhance fiscal discipline. Government to cut its expenditure and directs its resources only on essential areas such as education, health and agriculture.
Punish Publ P ublic ic officials who w ho mi misuse suse or misappropr misappropriate iate government or publ public ic funds.
Take measures to ensure compliance compliance in taxation (Payment (P ayment of tax)
As much as possible avoid external borrowing unless that borrowing is towards economic growth through productive investment.
12.4.5. Explain the functions of Micro and MacroMacro -Economic Financial Institutions.
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A. Micro Financial Institution is an institution that gives financial assistance to individuals and entrepreneurs for small scale projects. Examples of Micro Mic ro Financial Financial Institutions Ins titutions in Zambia Zambia Zambia Social Investment Fund. (ZAMSIF)
Women Finance Cooperative of Zambia
IZWE loans
MICROFIN
Bayport Finance Services
Functions of o f Micro Mic ro Financial Financial Institution Inst itution Support projects projec ts that are ar e iiniti nitiate ated d by and driven driven by the communi communitt y.
Provide soft loans to the group of people with low income.
Providee financial Provid financial assistance ass istance to entrepreneurs for small small projects projects..
Provide capital for starting small businesses.
B . MacroMacro-Financial Institutions: Macro means large, thus, these are institutions which fund capital (large scale) sca le) projects ssuch uch as construction constr uction of sc school hools, s, bridges bridges,, roads, roads , ra rail ilwa way y llin ines es.. Somee e xampl Som xamplee s of Macro Macro -Financial Institutions and their functions 1. International Monetary Fund (IMF): is a specialised agency of UN which was set up in 1944. Some of the objec objectives tives (functions) ar are: e: Promote International Monitory Cooperation.
Promote stabl sta blee exchange rates ra tes and maintain maintain orderly orderly exchange arrangement.
Encourage full conv c onvertibility ertibility between betwee n currencies and a nd an end to exchange controls. controls.
To shorten shorte n the period of balance of payment of member member countries.
2. World Bank : It is is also called called the Internation Interna tional al Bank for Reconstruc Rec onstruction tion and De Developm velopment ent (IBRD) (IBR D) established es tablished in 1944 and began to operate opera te in 1946. 1946.
This bank encourages capital investments for construction and development of all member states.
It gives loans for specific projects that are productive and provides financial assistance for foreign foreig n exchange (loans (loans are usually usually for a period period of 20 years year s with with 5 yea years rs grace period). period).
3. Af Africa rican n Deve De ve lopment Bank Bank (ADB)
Was formed in August 1963 and started operating in 1966 (the headquarters are in Addis Ababa, Ethiopia).
It gives concessionary loans to member states. A con concessio cessionary nary loan is money given to a country with no conditions attached.
It gives loans to specific projects that are productive and provides finance for foreign exchange
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Loans are usually usually for a period period of 20 years with a grace period period of 5 years.
4. Arab Arab B an ank k for Economic Deve De ve lopment in Africa Africa (ABEDA) The bank was w as se sett up by the Arab Ara b league in in 1973 and began operations opera tions in in 1975. headquarters are in Khartoum, Sudan.
The
It gives loans to specific projects that are productive and provides finance for foreign exchange.
Its main objec objective tive is to contribute to ec econom onomic ic development in Africa. Afr ica.
Like other Macro Financial Institutions, it gives loans for a period of 20 years and the grace period peri od of 5 years.
12.4.6. Examine indicators of development. Indicators of Development are signs or measures that show whether or not there is improvement in the country‟s economy and people‟s basic needs such as food, safe clean drinking water, housing, education and health are met. met.
(a) Gross National Product (GNP) Nation tional al Income. GNP is also known as the Na GNP is the amount of goods and services produced within a country and abroad within a year. It is the total value in monetary form of goods and services produced from the res resource ourcess owned by citizens citizens within within and outside the country normally per year. yea r. It helps the government to come up with policies and eventually increase the country‟s produ pro ductio ction n levels. evels. (b) Gross Domestic Product (GDP): is the total value in money of the goods and services produced in the country per yea year. r. Note: All products and services produced within the country are added up and calculated in monitory form.
The higher higher the GDP the stronger the economy e conomy or the more developed developed the country is.
(c) Human Development Index (HDI): This is is a measure meas ure of human human development development using four (4) items:-- items:
Life expectancy at birth.
Adult literacy.
Average years of schooling.
Purchasin Purc hasing g power of persons aged age d 25 years and above, above, expressed expresse d in in dollars. dollars. Note: If a country has high life expectancy at birth, a high adult literacy levels, a high average of sc school hooling ing and a hi high gh purchas purc hasin ing g power per pers person, on, it is is said sa id to have a high high level leve l of deve develop lopment ment,,
(d) Per Capita Income: This is the average amount of money each citizen is expected to get per year. yea r. It is is the GNP of a country di divi vided ded by the total popu population. lation. Per Capita income =
GN
l ul
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12.4.7. Outline Zambia’s National Development plans from Independence to present: - The table below outlines outlines Zambia‟s Nation Na tional al Deve D evelo lopment pment P lans from Independe Independence nce to date. date . PERIOD 1964--1965 1964 1965--1966 1965
NATIONAL DEVELOPMENT PLAN Emee rgence Deve Em Dev e lopme lopme nt Plan Plan (EDP) (EDP) National Transitional Development Plan (NTDP)
AIMS
Restructure capitalist economy Improve on on Transport
Power Communication Agriculture Education Diversify the economy from mining First National Development Plan (FNDP) (copper) to agriculture Develop rural areas. Expand education services Increase food supply. Second National Development Plan Use of local local materials (SNDP) Improve infrastructure country wide Diversification of the economy and Third National Development Plan (TNDP) rural development. Expand educational and training facilities to speed up the process of Zambianisation. Cut on im importati portation on of luxury luxury goods. Fourth National Development Plan Reducee subsidies subsidies gradually gradually.. Reduc (FNDP) Carry out periodic review of the exchange rate and interest rates. Reduc Reducee iinflation nflation to below 20% Poverty Reduction Strategy Paper (PRSP) The programme concentrated on the areas:- Note : This pr program ogrammes mes was was un under der the following areas:Cross--cutting issues. Cross IMF aimed at poverty reduction through Education sustained economic growth, hence the Health development of the Transitional National Agriculture Development Plan (TNDP) of 2002 -2005 Macro--economic issues. Macro Aims at turning Zambia into a Vision 2030 prosperou pro sperouss midd middle le incom ncomee nation nation by 2030. Zambia to live in a strong and dynamic middle-income middleindustrial economy to provide opportunities for im improving proving the we well ll-- being being at all Infrastructure rehabilitation. Fifth National Development Plan (FNDP) Address cross-cutting issues e.g. crossHIV/AIDS. Rural electrification. Promote investment.
1966--1970 1966
1972--1976 1972
1980--1983 1980
1984--1988 1984
2002--2005 2002
2006--2010 2006
Promote rural and urban water and sanitation.
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2011--2015 2011
Sixth National Development Plan (SNDP)
Develop entrepreneurship to reduce poverty po verty.. Promote accountability and transparent. Aimed at sustained economic growth and poverty reduction. Infrastructure development.
2017--2021 2017
12.5. 12 .5.
Seventh (SNDP)
National
Development
Plan
Promote rural development. Increase access to land. Increasing Increasin g access acce ss to health health care. ca re. Increasing access to higher and tertiary education The goal is to create a diversified and resilient economy. Places emphasis on investment in energy, environmental protection, education and health sectors, and agriculture.
POVER POVERTY TY REDUCTION REDUCTIO N IN ZAMBIA ZAMB IA
12.5.1. (ais) aDes cribe cribe pove pof ovenot rty rtyhaving Poverty(a) condition sufficient resources to meet basic needs of life. Poverty is either absolute or relative. Absolute (abject) poverty is a condition of life characterised by malnutrition, illiteracy, poor surrounding, high high infant mortality and low li life fe expectanc expec tancy y. 12.5.2. (b) Outlin Outlinee the thre thre e perspective pe rspective s use d to me me asure asure pove rt rty y Poverty can be mea measured sured using using the fol f olllowing three (3) perspectives. pers pectives. i. Income Perspective: A person is poor if his or her income falls below the poverty datum li line. ne. For exampl exa mple: e: a person pers on li living ving on one dollar dollar a day. day.
ii.
Basic Needs Perspective: A person pers on is poor poor if if his his or her requirements for a mi mini nimal mal acceptable acc eptable fulfil fulfilment of human human needs are not met. met.
iii.
Capability Perspective: A person pers on is poor poor if if he or she lac lacks ks certain cer tain capabilities capabilities to function
such as adequate ade quate food, clothing, clothing, shelter shelte r and ability ability to participate in community community ac activi tivities. ties. Human Pove rty Inde Human Inde x as a measure us usee d by by th thee UNDP to measur meas uree pove rty The UNDP meas measures ures poverty in terms of deprivation deprivations. s. Namely; i. De Deprivatio privation n of a lo long ng and healthy hea lthy life life expectanc expec tancy y of about 40 years yea rs
ii. iii.
De Deprivatio privation n of knowledge knowledge measured meas ured by il illi liter terac acy y levels Deprivation of economic provisions measured by people‟s access to food, clothing, shelter among others.
12.5.2. Explain the causes of poverty in Zambia. Debt Burden: This means that more money is spent on servicing the debt at the expense of in invest vestin ing g in social and ec econom onomic ic development.
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Inadequate economic growth and huge debt burden have made External Dependence: external exte rnal funding funding a nec neces essity sity.. Zambia has continued continued to borrow from partners partne rs to invest invest in social soc ial and economic development.
Changes in Agricultural Policies: The negative changes in agricultural policies especially between 1992 1992 and 2001 2001 contri contribu buted ted to hi high levels of poverty poverty especiall especially in rural areas.
Climatic Variation: The changing climatic and environmental conditions are also causes of poverty po verty in Zambi Zambia. Exampl Example, e, rainfal rainfalll patterns patterns are increasingl ncreasingly y erratic and droug droughts hts are a common fea feature ture and this has led led to low low food production production,, hence, hence , food insec insecurity urity..
Morbidity (illness) and Mortality (deaths)
The increase in illness and premature death that was experienced due to HIV/AIDS pandemic has contributed to poverty. Many famili families es have lost productive productive members members or bread brea d winners. Also the cost cos t of ca caring ring for a chronically il illl family family member makes the family family poor poor..
Orphans: The increase in the number of orphans requiring care and support from relatives cause s a strai causes stra in on on families‟ families‟ resources. resource s.
Inequalities: In Zambia, it has been observed that the gap between the rich and poor is widening. widenin g. The inequality inequality in in terms of income, income, education educa tion,, we wealth alth and ac acce cess ss to asse as sets ts has led led to
high poverty levels.
Low salaries: borrowi bo rrowing ng..
People with low pay fail to meet their basic needs, hence, depend on
Conflict: Confli Conflict ct is also a cause ca use of poverty. For example when there is conflict conflict in in a society, less time time is spent s pent on ec econom onomic ic ac activi tivities. ties. Sometimes people people lose lose their liv lives es or they are force forced d to flee flee their homes. There will will be no time time to create cre ate weal wea lth.
Poor Work Culture: When people have a negative attitude towards work and lack initiative, this can lead to poverty (dependency syndrome).
Individual Weakness: dependence syndrome.
High Unemployment levels: People with no employment will lack income to support their we welfare lfare;; henc hencee they will will depend depe nd on others to support support them.
Corruption: Rampant corruption makes the few privileged benefit while the majority are denied the chance to prosper hence, remain in poverty.
Laziness and lack of responsibility can lead to poverty and
12.5.3. Ass Ass e ss th thee effects effects of poverty poverty The effects effe cts of poverty poverty are interre interrellate ated d and the foll following are some of them. them. Hunger or food insecurity. High unemployment levels. Increase in crime rate. Confli Conflicts cts in the society soc iety.. Increa ease se iin n corruption and vandalism. vandalism. Incr
Lower life expectancy due to low standard of living. Increase in prostitution, resulting in the increment of unwanted pregnancies and high levels of HIV and AIDS.
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Brea kdown Breakdo wn of extended family family system one of Zambia‟s Zambia‟s cultural practices. practices . Incr Increa ease se iin n child child labour and other viol violations ations of child child rights. Depletion of natural resources due to more people exploiting the same inadequate resources, such as water, forest and soil. 12.5.3. Discus Pove rt rty y alleviati alleviation on strateg strategies ies Poverty alleviation is the process of lessening the suffering of the poor by meeting their immediate pressing
needs. The following following are some of the wa ways ys in in which which poverty in Zambia ca can n be allevi alleviate ated. d. Improvi Improving ng the provision provision of education educa tion as education educa tion is a very powe powe rful tool for poverty poverty reduction. re duction. Improve food production and empower small sma ll sc scale ale far farmers mers.. hea lth status of people people of Zambia espec e special ially ly the poor. poor. Improve health Reduc Reducee the in incidence cidence,, in infec fection tion and a nd sociosocio-economic impact impact of HIV and AIDS. Increase access acce ss to safe water wate r and sanitati sanitation on.. Promote agricultural sector which will be able to export and ensure increased household income and food security. electrification to attract attra ct investments investments and reduce unempl unemployment oy ment in rural area areas. s. Promote rural electrification Increa Increase se access acc ess to factors o off production production such as land and farming farming impl impleme ements. nts. 12.5.4. 12. 5.4. Evaluate Evaluate pove pov e rty alleviation strategie strateg iess an and d their impleme implementa ntation tion in Za Zamb mbia. ia. Poverty Reduction Strategy Paper (PRSP) is the overall framework for national planning and development focusing on interventions for poverty reduction. reduc tion. The overa overall ll national goal is to ac achi hieve eve susta s ustain ined ed economi e conomicc growth and employment employment cre creation. ation. The foll following are some of the main main areas are as addressed addresse d by the the PRSP P RSP.. achi hieve eve a high high sustained sus tained rea reall GDP growth. i. Macro Economics: To ac
ii.
Agriculture: To promote a self -sustaining export led agricultural sector which ensure in incre creas ased ed household income and good se security curity..
iii.
Tourism: reduction.
iv.
Mining: To promote investment in the Mining Industry and ensure the development of self sustaini sust aining ng minera minerall based bas ed Industry.
v.
Industry: To promote growth of an export led Industry leading to employment creation and poverty po verty reductio reduction. n.
To enhance the Tourism Sector‟s contribution to economic growth and poverty
vi.
improve prove the health hea lth status st atus of people in Zambi Zam biaa espe e speciall cially y the poor poor.. Health: To im
vii.
Education: To provide provide relevant releva nt equitable equitable eff efficient icient and quali quality ty education educa tion for all.
viii.
reduc e the incidence incidence,, in infec fection tion and sociosocio-economic impact impact of HIV and AIDS. HIV/AIDS: To reduce
ix.
Gender: To promote gender balance to ease the burden of poverty especially of women at the household, community and national levels.
x.
Environment: To formulate good policies on the protection of the environment, management and development development of natural natural resources. resource s.
xi.
ens ure optimum optimum supply and a nd utilizat utilizat ion of energy. Energy: To ensure
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xii.
Water and Sanitation: To contribute to poverty reduction through increased access to safe wa water ter and sa sani nitat tatio ion, n, in incr crea ease sed d food production and food security.
xiii.
Transport and Communication: To create and efficient transport and communication system syst em that will will promote ec econom onomic ic growth growt h and a nd poverty reduction reduct ion..
xiv.
Roads: To expand, rehabilitate and invest in the road sector so as to improve accessibility and mobility.
12.6. 12 .6. ENVIRONMENTAL ENVIRONM ENTAL EDUCATION 12.6.1. 12. 6.1. Explain Explain Environment Environment The word environment refers to the surroundings and things found on earth both physical and cultural which differ from place to place. It also means conditions conditions within within which something s omething exi e xists sts.. It is made up of components Which do not work independent independent ly but depends on ea each ch other . COMPONENTS OF THE ENVIRONMENT The components components of the environ environment ment are divi divided ded in into to livi living ng and non non-living components. If human activities are considered central, then the environment is divided into natural and cultural components. i. Natural Component: Physical and living environment, atmosphere, hydrosphere,
lithosphere lithosphere , animal and pl plant. ant.
ii.
Political Environment: P ol oliti itica call in instr structions uctions – decisi dec ision on – making. making.
iii. Economic Environment: landscape.
Economi Economicc systems, systems , Economic Economic Institutions, Institutions, Rural and Urban Urba n
iv. Social and Cultural Environment: Traditions.
Cultural and Social Social Institutions, Institutions, beli beliefs efs,, customs cus toms and
12.6.2. Outline causes of environmental degradation. Environmental deg degrada radation tion refers to any action that makes make s the environment less fit for fo r human, plants plan ts and following are some of of the causes cause s of of environm environmenta enta l degradatio degradation: n: animal life. life. The foll Over population: More people people concentrat conce ntrated ed in in one area area.. This brings brings a lot lot o off envi environmental ronmental
problems probl ems such as cutting cutting more more trees for constructi construction on,, charcoal, charcoal, produ producti ction on and many more. m ore. Pollution: It refers to the reduction in the quality of environment by introducing harmful material mate rial in it. Generall Genera lly y pollu pollutt ion takes take s two (2) forms.
i.
Natural Waste (Organic/Inorganic). Organic waste are things like grass, leaves which do not pollute the environment while inorganic wastes include elements of compounds such as lead, Sulphur and copper found in rocks and one found in small quantities in our bodies. However, Howe ver, they are very poisonou poisonous, s, once mined. mined. They contami conta minate nate rivers, strea streams, ms, lakes, ground water wa ter suppli supplies es,, soil and even eve n air.
ii.
Synthetic Waste: People are able to make new chemical compounds called synthetic chemicals such as pesticide, fertilizers, clothes, cleaning material, plastics, cosmetics, building materials. material s. Some Some of these materials materials are proved proved to be harmful to the the envi environme ronme nt.
Note : Biodeg Bio degra rada dable ble mate materia riall is the material that decomposes in the environment as a result of biol biologi ogica ca l action. action.
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Non Degradable materials: These are synthetic substances that do not decompose so easily for example; plastics can remain in the environment for hundred years because organisms that feed on them are rear.
Depletion of Resources: A Resource is any source of raw material or object that human being bei ng are able able to use to sustain sustain life or produ produces ces wealth. wealth. A resource is depleted depleted or used up when it it becomes less avail a vailable able for its its intended intended function function or or use. Resources Resource s can ca n get deplete depleted d in in three (3) ways: (converting them into another substance; displaced to another location; and by being bei ng po pollluted). uted).
Examples Exam ples of re re sour so urce ce depletion
i.
Soil Erosion: Comes as a result of the removal of the vegetation cover due to human activities.
ii.
Deforestation: The high demand for timber and domestic use has led to the destruction of forests.
iii.
Desertification: If a gradual destruction of the capacity of semi and lands for plant and anim a nimal al production. Also overgr overgrazing azing and over over cultivation cultivation of of grass grasslands lands lea leads ds to rapid decrease in soil nutrients reducing the chance for further growth of vegetation. Loss of pl plant ant cover promotes aridity a nd desertification. dese rtification.
iv.
increas asee in global global fish fish harvest harves t has resulted re sulted iin n over over fishing. fishing. This Over Fishing. Rapid incre leads to depletion of some fish species (e.g. the use of illegal fishing methods like use of mosquito mosquito net and poisonin poisoning). g).
v.
Fresh Water: The demand for water for irrigation, power generation, domestic and industrial use has exceeded sustainable supplies of the world resulting into depletion of fresh water.
Climate Change: Human beings have altered the environment through many activities such as excess emission of carbon dioxide from burning fuels, chlorofluorocarbons (CFCS), from ref refrigerat rigerators, ors, aerosol ae rosol sprays, our condition conditionss and methane into the atmosphere. atmosphere . This has lled ed to global warming (increase in global temperature resulting in the melting of glaciers and rise in mean sea se a levels which in turn may ca cause use floodi flooding ng of the coas coastal tal regions). regions).
Note: The gases contribute to the destruction of the ozone layer which filters harmful ultraviolet rays from the sun. Further Further,, gl global obal warming warming has has resul res ulted ted in in changes in the weather weathe r pattern globally.
is a combination combination of of all environmenta environmentall probl problems. ems. It leads to pol pollu lution tionss and War: War is depletion of resources resourc es far more than tha n any singl singlee peace pea ce time time activi a ctivity ty..
12. 6.3. Identify 12.6.3. Identify maj major or e nvironment nvironment iss ues in Zam Zambia bia.. Zambia Environment Management Authority (ZEMA) formally known as the Environmental Council of Zambia (ECZ) (EC Z) has id identifie entified d the follow following ing major environme environme nta ntall concerns conce rns in Zambia: Zambia: Deforestation: This is the indi indisc scrimi riminate nate destruc des truction tion of forests forests.. Vege egetat tatio ion n is clea cleared red for a purpo pu rpose se of wood fuel, fuel, ti timb mber, er, farming farming and settlement settlement among among others others
Unstable utilisation of forests when left unchecked eventually leads to forest depletion. Note: Therefore, there should be deliberate effort by the government and the community as a whole to
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replant trees (re(re -affores afforestation tation). ). Thus re re--afforestation means planting of trees to replace destroyed forests whi w hile le afforestation affores tation is the pl planting anting of trees where there was wa s no no forest before. before. Be nefits of aff affores tation an and d rere -afforestation: afforestation:--
i.
Assured Assure d supply supply of charcoal charc oal and firewood. firewood.
ii.
Sustainable Sust ainable supply of buildin building g timber.
iii.
Protection of soil from erosion.
iv.
Some plants fix nitrogen nitrogen in the soil. soil.
v.
Some plants plants provide fruits and herbs for medicine medicine use. use .
vi.
Collec Coll ection tion of mushrooms, ca cater terpi pill llars ars,, nuts and a nd honey. honey.
spec ies of birds birds and animals animals are becomi bec oming ng fe few w in numb number er due to Wildlife depletion: Various species unlawful killing (poaching). Examples of endangered species are; black rhino and wild dog. Examples of vulnerable species include elephant shrew, black lechwe, Kafue lechwe, cheetah among others.
Pollution: Pollu Pollution tion of of air a ir,, soil and water wa ter is an envi e nvironmental ronmental issue in Zambia. This is as a result of rapid increase in the generation of wastes due to industries and rapid population increase.
Suggested legal actions to prevent pollution in Zambia
(a) Restrictions: Some pollutants are so toxic that even in small quantity they can kill wildlife, domestic ani a nimals, mals, agricultural agricultural crops and human human b beings. eings. Thus the government shoul should d abolish abolish the produ pro ductio ction n of such harmful substances. substances. (b) Qualified Restrictions: Some pollutants are not very dangerous such as Sulphur dioxide which is released release d whenever fossil fuels are burned. It is is harmful harmful in many ways. Therefore, the government can ca n permit permit specifi spec ificc emission levels. If the mine mine emits more than tha n expected, expect ed, itit must be fined. encourage ge environmentally environmentally friendly practices prac tices by Industries. Industries . Tax (c) Subsidies: Government can encoura deduction can ca n be given given to these thes e Industries and Companies Companies that do not pollu pollute te the environm environmee nt.
(d) Residual Charge: Industries and individuals who pollute the environment can be charged the amount of money proportional proportiona l to the quantity quantity of the pollu polluta ta nt emitted. Other Measures: Establishment of recycling plants by all local authorities (councils); regular and efficient collection and disposal of waste in designated sites, discourage the use of non -degradable materials such as plastic bags.
i.
Waste: Is another a nother type of pollutio pollution. n. It includes includes food, f ood, dirt, dirt, paper, bottl bottles es,, plastic bags bags and containers. contain ers. Poor wa waste ste di disposal sposal and management leads to deter deteriioratio oration n of th thee environm environment ent as a result there are a lot of diseases such as cholera and typhoid.
ii.
Land Degradation: Human activities have led to land degradation in the quest to bring econom ec onomic ic development. development. Ac Activi tivities ties such suc h as agriculture, settlement, sett lement, minin mining g and quarrying have made changes to the natural landscape.
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iii.
Inadequate Sanitation: Poor sanitary conditions especially in towns like Lusaka, Ndola, Kitwe and Livingstone have been regarded as being responsible for the outbreak of communica communi cabl blee dise diseas ases es such s uch as cholera, dysentery dysente ry and typhoid. typhoid. The use of pit latrines and shallow wells for domestic water supply as well as the use of untreated water contribute to the spread of such diseases.
12.6.4. Discuss Envir Environm onmee nta ntall M an anagement. agement.
Environmental sustainablee use Management sustainabl of resources. res ources. refers to the measures and controls directed at environmental conservation and In Zambia Environmental Manage Man agement ment activities are coordinated coo rdinated by an umbrella body bod y called Zambia Environmental Manag Ma nagement ement Authority Author ity (ZEMA) formally for mally Environmental Co Counc uncil il of Zambia (ECZ) (ECZ).. The table below shows some important institutions that promote environment management in Zambia, and their specific roles. INSTITUTIONS MAIN ROLES - Zambia Environmental Management Environmental protection Authority (ZEMA) - Pollution control. - Natural Resour Re sources ces managemen management. t. Ministry Min istry of Educa Education tion - Implementation of Environmental Education in Learning Institutions Ministry of Local Government - Development of human settlement. (Councils) Formulation of policy on matters of Ministry of Environment, Tourism and - environment and natural resources. Natural Resour Re sources. ces. - Formulation of policies and legislation of tourism and wildlife management. Ministry Min istry of Lands - Formulat Formul at ion of pol polici icies es on land issues. issues . Forestry Commission - Management of the country‟s forests. Department of Water Affairs - Management of Water resources. resources . National Natio nal Heritage Heritage Conservati Conservation on - Identification and management of objects Commission of aesthetic value. - Zambia Wildlife Authority (ZAWA) Management of wildl wildlife ife est estate ates. s. - Ensuring equitable sharing of benefits of wildlife wil dlife management manage ment and conservation. conse rvation. Fisheries Department
-
Implementation legislation on the development of the fishi fishing ngof se sector ctor - Regulate fishing methods and reinforcing fish ban between December and March (breeding period peri od))
12.6.5. Discuss the importance of biodiversity in the management of the environment
Bi Bio o-diversity or Biological diversity is a term used to describe a large variety and variability of living things and the ecologica ecologicall eenvi nvironme ronment nt in which they occur. occ ur. Bio--diversity is considered at three levels Bio (a) Ge netic Dive rsity: rsity: Is the the meas measure ure of of the variabi variability lity with within in and betwee between n species.
(b)
Species Diversity: Refe Refers rs to the total total number number of species in a given given are area. a.
(c)
Ecosystem Diversity: Thi Thiss refers refer s to a variety of habitants withi within whi which ch spec speciies occur.
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Zambia mbia bio bio-divers ity is im important portant for the following following rea reasons; sons; The significance of biobio -diversity: In Za The majority in Zambia depend on the variety of local resources in their areas which includes plants for various various purposes purposes such as a s fruits fruits and leave leavess which which act as a s a source of food. food. Apart from p plants, lants, human human being bei ngss also depend depend on animal animals, s, fi fish sh and birds. birds. Plants are a re not onl only y used as a source of food but aalso lso for for construction purposes. purposes. Various biologica biologica l res resource ourcess such as micro micro--organi organiss ms are used in the preparati prepara tion on of medicines. medicines. It also maintains maintains ecol ec ologi ogica call balance. balance .
Bio o-div diver ersity sity also also has aesthetic aes thetic and rec recre reational ational value. Bi climbing, safa sa fari ri hunting all depend depe nd on biobio-diversity.
Game viewing, viewing, sightseeing sightsee ing,, moun mountain tain
Threats to BioBio -diversity: Biodiversity in Zambia is increasingly coming under pressure by both human and natural factors. These include: include: i. Land use conflict conflict betwee betw een n human and a nd animals. ii. Mass Massiive development development of settlement and a nd related activiti activities. es. iii. Pollution. iv. Deforestation. v. Over expl e xploi oitatio tation n of resources resource s such as a s over over fishing fishing and game poac poachi hing. ng. vi. Cli Climate mate change such as occurrence of frequent droughts. droughts. vii. Lac Lack k of biod biodivers iversity ity knowledge by the public. public. Management of Biodiversity: Zambia signed and ratified the convention on Biodiversity in 1992 and 1993 res respec pectively tively.. By so doing doing Zambia Zambia committed itse itself lf to the conservation conserva tion of genet genetic ic species spec ies and ecosystem diversity in a sustainable manner and to share equitably the benefits derived from the utiliz utilizat ation ion of these resources. resource s. The culture of totems manages biodiversity through customary laws.
following:Biodiversity Strategic Plan is based on the following:(a) Ensure conservation conservation of the natural ecosystem through through network of protected area a reas. s. (b) Conser Conservation vation of genetic genet ic divers diversity ity of crops and li livest vestock. ock. (c) Improvement of legal and institutional framework as well as human resource development to implement strategies and conservation; sustainable utilization as well as equitable sharing of benefits benefi ts from biod biodiiversity management. management. (d) Development of an appropriate legal framework on the risk involved in the use of genetically 12.6.6. i. ii. iii. iv.
organism (GMOS). Statemodified some International Conventions on Environmental Management. Management. Basel Bas el Convention on the Control of Trans Boundary Boundary Movement of Ha Hazardous zardous Waste United Nations Na tions Convention to Combat Dese De sertification. rtification. Convention on the protection protec tion of World World Cultural and a nd Na Nation tional al He Heritage. ritage. Convention on the protection protec tion of the Ozone Layer. La yer.
12. 7. 12.7. GLOBAL ISSUES ISSUES 12.7.1. Explain globalisation and global issues Globalisation: The term te rm globali globalisa sation tion means the emergenc e mergencee of global global society in in which ec econom onomic, ic, pol politi itica cal, l, and cultural events in one part of the world quickly come to have significance for people in other parts of the world.
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Note: Globalisation is as a result of advances in communication, transportation and information technological, and cultural linkages that connect individual communities, businesses, and governments around the world. Globalisation also involves the growth of multinational corporations (businesses that have operations or inves inv estments tments in many countries) and tra transnational nsnational corporation corpora tionss (businesses (business es that function function in a global global market). mar ket). Global Issues: Refer to all those developments and problems which affect the welfare of the people in all the
countries. countries. Thus global issues include; human rights, and good governance, war and peace; world refugee crisis, world debt crisis, world energy crisis, international trade, global warming, HIV and AIDS, tourism, gl global obal credit c redit crunch among others others..
12.7.2. Discuss Bilateral and Multilateral Aid.
refers to the international transfer of funds, goods and services in form of loans and Foreign Aid: grants from one country to another. another. There are two (2) types o off foreign foreign aid. These are Bilate Bilateral ral and Multil Mul tilate atera ra l aid. aid. Types of foreign aid aid
as sistance from one one country to another. another. For instance, instance, Zambia Zambia receives rec eives aid (a) Bilateral Aid: Is the assistance from Swedish International Development Agency (SIDA) or from United States Agency for International Development (USAID).
(b) Multilateral Aid: Is assistance from International International Agencies formed formed by by several severa l countri countries. es. These lending lendi ng agencies agenc ies do not belong belong to one country. country. For instance, instance , the African Afr ican Development Bank (ADB), the Arab Bank for Economic Development (ABEDA), the International Monitory Fund (IMF), the World Bank and the European Union (EU). Forms of Bilateral and Multilateral Aid Aid
It usually comes in form of grants and a nd loans. loans. The grants and loans loans may come in form of financial as assista sistance nce,, capi ca pital tal goods li like ke machi mac hinery nery or tec techni hnica call expertise (skilled (skilled labour)
i.
Grants:. They Are are giftsnot from another another. not to be beInternational paid paid back. Agencies to a government or from one government to
ii.
Loans: Refer Refe r to transfers of funds, funds, good goodss and services from one one financial financial entity entity to ano another ther which must must be repaid re paid usually with intere interest. st. A hard hard loan refer refe r to a loan loan giv given en at a high rate of interest, while a soft loan is a loan given at a low rate of interest or is repaid without any interest.
iii.
Ref ers to loans loans and grants which have have „strings‟ „st rings‟ or sti stipul pulat ated ed condition condition of use use.. For Tied Aid: Refers example the recipient country may be required to spend the loan on a specified project or to all allow ow the donor country c ountry to build build mili militar tar y bases base s in the recipient recipient country.
Foreign Aid and Development debate There is an International debate on whether foreign aid hinders or promotes economic development in Third
World Wo rld countries. The followin following g are some of the arguments for bil bilate ateral ral and multil multilate atera ra l aid. Argume nts for: Argume for:
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It provides foreign capital needed by the recipient country to supplement its locally available investment resources. It provides more foreign exchange if the loan or the grant is invested in a project which produces capital goods. It provides provides new technology technology and skill skillss which the local peopl pe oplee ca can n later acqui ac quire re by mean of train tra ining ing.. Food aid aid alleviates alleviates famine famine in case ca se of natural disas disasters ters such as flood floods, s, drou droughts ghts and earthquakes. Foreign aid a id also promotes promotes International Inter national Corporation betwee betw een n the donor and the re recipi cipient ent countries.
Argumee nts against: Argum against: Loans and Grants „tied to donor‟ have to be spent on buying goods and services from the donor country.. Many offers of these goods country goods and services s ervices are more expensive expensive and lower lower quality quality than than those those from other sources. Loans and Grants: „Tied to Projects‟ can only be spent by the recipient country on projects agreed agre ed upon with the donor donor country. country. Therefore, There fore, tied aid undermines undermines the t he economic economic and politi politica call in independe dependence nce on the recipient nation. Profits from Foreign Investment: are usually externalised, and rarely rere -invested in the recipient nation. Loans must be repaid re paid with with intere interest st and a nd the larger the loan the larger the debt service burd burden. en. Thi Thiss has led to the worseni worse ning ng of of debt burden in in the Third Third world countries. On the other hand, the repayment of hi high gh intere interest st on loans loans enriches the donors. donors. Therefore, foreign aid tends tends to make the
rich countries richer anddependence the poor countries Foreign Aid promotes syndromepoorer. in the recipient country thereby impact negatively on the general work culture of the people. Recipient countries may be force to support the donor country in foreign policy for them to receive aid. Technical assistance 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 from the donor nation.
12.7.3. Discuss International Trade International or External or Foreign Trade refers to the buying and selling of goods and services between two and more countries. countries.
Nation tionss like like indiv individ iduals, uals, engage in in tra trade de for v various arious Importance of or reasons for International Trade : Na reasons. rea sons. Among Among them are; are; Uneven Distribution of Resources: No nation nation has all the natural natural resources to use in ind ndustri ustrial al econom ec onomy y. For exampl exa mplee Iraq Ira q and Kuwait have plenty plenty oi oill while while Zambia doe doess not not have. Climate Differences: Varying climate climate conditions conditions does not allow allow the growing of certain cer tain crops. For example Mediterranean type of climate favours the growth of apples which may not do well in a tropical type of climate climate.. Specialisation: Each country is specialised in a given line of industries for a country cannot be specialised speciali sed in all all.. Sometim Sometimes, es, two countries countries may agree to specialise specialise and a nd trade with ea each ch other if if each eac h country has a clear c lear cut c ut advantage advanta ge in producing producing a particular commodity commodity.. This is ref referr erred ed to as comparativee cost comparativ c ost advantage. This This happens happens when the average cost of producin producing g a parti particular cular commoditt y in one country is cheaper commodi chea per that in another. Technological differences: Some countries do not possess the technological capacity to produce certain products such as aircraft, motor vehicles, mining and agricultural machinery and computers.
Thus, a country has to buy buy these thes e from other countries. countries. Supplement Domestic Product: Due to high demand on local products a country may import to add
to domestic production pr oduction..
For example e xample Zambia Zambia produces cooki c ooking ng oil oil loca locall lly y but iitt imports imports from
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COMESA countries in order to supplement to local products, mainly the reason or to avoid shortages of goods and services in the country. Earn Foreign Exchange (Forex): Foreign Trade enables a country to earn foreign exchange (the more foreign exchange excha nge the country has has,, the more stabl sta blee the ec econom onomy y wil w illl be) Promote International Cooperation: Trade promotes International peace, cooperation and political friendship. Important te Important terms rms in Interna Inte rnational tional or fore fore ign Trad Tradee (a) Terms of Trade: Means the rate at which nation‟s exports are exchanged for imports from another nation. nation. For example, example, the rate at which British British tractors trac tors are exchanged for Zambi Zambian an copper,, that is how copper how many tonnes of copper are a re required required to pay for the tractor trac tor..
(b) Favourable Terms of Trade: means the prices for your country‟s exports are relatively hi higher gher than the prices for f or its its imports. imports. (c) Unfavourable Terms of Trade: lower than the prices of imports.
Means the prices of your country‟s exports are relatively
(d) Balance of Trade: Is the difference between the value of visible imports and exports over a particul parti cular ar peri period od.. For exampl example if the value value of Zambi Zambia‟s visib visiblle imports mports is equal to her visib visiblle export we say that Trade is balanced. (e (e)) Favourable balance of payments: Takes place when a country receives more foreign exchange exc hange from exports, but but spends less Forex Fore x on on imports. imports. This is is ca call lled ed balance of payment surplus. (f (f)) Unfavourable balance of payments: occurs when a country receives less foreign exchange from its exports but pays more foreig fore ign n exchange excha nge on on its im imports. ports. This is also call called ed a balance of payment deficit. 12. 7.4. State 12.7.4. State the role of the World World Tra Trade de Organisation Organisation (WTO) (WTO) WTO is an International body dealing with the global rules of trade between nations. WTO was established in 1995 to replace the t he General Genera l Agreement Agre ement on Tariffs Tariffs and a nd Trade Trade (GA ( GATT) TT) of 1947. 1947. The WTO is no nott a speciali spec ialized zed agency age ncy of of United United Nation Na tions, s, but it has has Coopera Cooperation, tion, agreement agre ement and a nd works closely with the UN. Functions or roles of the WTO WTO i. Helps trade flow as free as possible by reducing and eventually eliminating tariffs (trade taxes) and other barriers such s quotas imposed by various nations. ii. Sets its its trade negoti negotiations ations among its members. members. iii. Interprets trade agreements agree ments and impartially impartially settles settle s trade dispu disputes tes betwee between n nations. nations. Principles of WTO This trade organisation is bas based ed or or ce centred ntred on the followin following g principl principles es : 1. Non Non--discrimination: All member states are treated as equal trade partners. should be free trade and all trade barriers should should be reduced reduced through negotiations. negotiations. 2. Free Trade: There shoul 3. Predictability: Foreign Companies, Investors and Governments should be confident that tariffs and other trade barriers bar riers wil w illl not be ra raised ised arbitrarily (wrongl (wr ongly y or with wrong moti motives) ves) 4. Competition: There should should be be free fre e competitio competition n in in International International Trade. Unfair practices such as
subsid ies andfor dump dumping ingless products prod ucts at below below costs to gain gaitrading n market shareshould are discouraged. discouraged. The system be more beneficial for 5. export Specialsubsidies privileges the developed nations. less developed countries (LDC)
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Note: WTO is made up of 146 member countries and its headquarters are Geneva, Switzerland. Council of Ministe Ministerr (Commerce) (Commerc e) is among among the organs organs of WTO and Zambia Zambia is a member. 12.7.5. 12. 7.5. Expla Ex plain in de de bt crisis crisis an and d de de bt re re lief lie f. situation n where a country country borrows borrows beyond beyond its capaci capac ity to pay back Debt Crisis Crisis is a situatio Causes of debt crisis in Zambia
Unfair International Trade: Exports are cheaply obtained while imports are very expensive, in developing countries, thus causing balance of payment deficit (unfavourable balance of payment). paym ent).
Debt Servicing: Is the process of paying interest on outstanding loans which has worsened debt. This This means that the larger percentage perc entage of GDP is spent on servicing servicing loans loans at the the expense of development.
Spending loans on Consumption: Loans are usually diverted to buy consumption products instead of intended projects, hence; the country has to borrow more to repay outstanding loans.
Falling Copper prices from 1970s and Liberation Wars: As copper prices have continued to fall even eve n to date, oil, oil, machinery and other import import product prices keep kee p on incre increas asing ing.. With
increased wars in neighbouring countries has made Zambia to have more refugees to look after. Debt De bt re re lief and and the highly inde inde bted poor countrie countriess (HIPC) Initiative Initiative
This was a World Bank and IMF programme aimed at reducing the debt burden of the world‟s poorest po orest countri countries es that were un unabl ablee to pay their their debt. debt. Thi Thiss pro program gramme me had the foll followi owing ng initiatives:-- initiatives:
Reduce the huge debt burden of the highly indebted poor countries to sustainable levels (levels that these countries may manage)
Provi Pr ovide de funds for poverty poverty reduction reduc tion in form of debt relief (debt cancell cance llation) ation)
Highly indebted (HIPC) meet the Programmes (SAP) (SAPpoor ) set se t countries by by the World orl d Banktoand IMF conditions of the Structural Adjustment
Some of the Structural Structural Adj A djust ustment ment Programme Programme Conditions were : -
1. Privatise state owned enterprise. 2. Reduce its tariff barriers (custom duties) to encourage imports. 3. Impose restrictive fiscal and monitory policies to control spending by wage freeze and retrench excess employees. 4. Remove controls on prices and a nd withdraw subsidies subsidies on es esse sential ntial commodi commoditt ies. Zambia qualified qua lified HIPC initiative in December De cember,, 2005 20 05 and a nd 3 .8 billion b illion US dollars was ca ncelled .. The benefits of the HIPC Initiative
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Debt Relief Funds: The money was spent on Poverty Reduction Programmes such as rehabilitating infrastructure like colleges, schools, health centres, bridges and roads. Reduced e xtern xte rnal al d dee bt pay payment ment leve ls. Reduction in the total debt stock: This is the total amount of money a debtor owes a creditor, thus, Zambia‟s reduced.
12.7.6.. Discuss 12.7.6 Discus s the e ffe cts of de de bt crisis crisis in Zam Zambi bia a
t he larger portion of its its GDP on se servicin rvicing g the debts at a t the expense expens e of development. Spends the Have limited money to fund social sectors such as education and health as it spends on servicing loans. Its sovereignty if compromise compromised d as the donors di dicta ctate te on how the economy shoul s hould d be managed. manage d. The situation perpetuates external dependence and the country remains desperate because of the debt burden. bu rden.
12.7.7. Explain Millennium Development Goals The Millennium Development Goals (MDGS) are eight (8) global development targets agreed upon by world world leaders at the United United Nations Nations Mi Milllennium ennium Summi Summitt in Septem September ber,, 20 2000 00.. The sum summi mit‟ t‟ss Millennium Declaration binds all the 189 UN Member States to achieve these eight goals by the year 2015. 2015.
The foll following owing are the eight (8) ( 8) MDGS 1. Eradicate extreme poverty and hunger: By 2015 reduce by half the proportion of people li livi ving ng on les lesss than one US dollar dollar a day day and those who suffer suffe r from hunger.
2. Achieve universal Primary Education: Primary School Education.
By 2015 ensure that all boys and girls complete
3. Promote Gender Equality and Empower Women: Eliminate the gender gap in Primary and Secondary Sec ondary School enrol e nrolment ment preferably prefe rably by 2005 2005 and a nd at all levels by 2015. 4. Reduce Child Mortality: two thirds. 5. Improve Maternal Health:
By 2015 reduce the mortality rate among children under five by
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 HIV/A IDS and a nd the incidence ncidence of malarial malarial and o other ther major major disea diseases ses.. By 2015 integrate the principles of sustainable 7. Ensure Environmental Sustainability: development into country policies and programmes and reverse the loss of the environment res resource ources. s. For exampl exa mple, e, forests. forests . By 2015 reduce reduc e by half the proportion proportion of people without access to safe drinking water and by 2020 achieve significant improvement in the lives of at leastt 100 milli leas million on slum (shanty compound) compound) dwellers we weld ld--wide.
8. Develop a Global Partnership for Development by 2015: This is to ensure an open trading and principle system that includes commitment to good governance, development and poverty reduction reduc tion both at national and a nd international internationa l levels. 12.7.8. Analyse Zambia’s efforts towards the attainment of the Millennium Development Goals (MDGS).
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The Zambian Zambian government took the following following measures meas ures to im implement plement the MDGS.
1.
Poverty reduction
Introduction Introd uction of Poverty Reduction Strategy Stra tegy Paper (PRSP) (PR SP)
Creation Cre ation of Citizen‟s Citizen‟s Economic Economic Empowerment Commiss Commission. ion.
P rovision rovision of subsidise subsidised d fer fertil tiliz izer er to sustena sust enance nce farmers. farme rs.
Attrac Attr action tion of of Foreign Investments Investme nts and a nd reopeni reope ning ng mines.
Creation Cre ation of Economic Economic Zones.
2.
Education sector
Introduction Introd uction of free basic education from G Grade rade one to Seven (1 ( 1-7)
Introduction of School rere -entry policy, to allow pregnant girls to go back to School (positive discrimination).
Building Buil ding more sc school hoolss and a nd in incr crea easing sing school s chool enrolment.
Train and deploym deployment ent of more teac te achers hers in in basic schools
3.
Gende r Equality and Wome Wome n Empowe Empowerm rmee nt
Introduction of the Mini Ministr stry y of Gender.
Implementation of affirmative action policy in the selection of students in colleges and universities.
4.
Maternal Health
Implementa Impl ementatt ion of compulsory compulsory antenat ante natal al and postnatal postnata l health hea lth programmes.
Implementa Impl ementatt ion of fa fami mily ly planning planning and child child spacing spa cing programmes. Combating HIV and and AIDS, malaria malaria and othe r dise ase s .
5.
Encouragement Encourage ment and im impl plemen emen tat ion of free fre e voluntary voluntary counselli counse lling ng and tes testing ting (VCT) (VC T)
Introduction Introd uction of HIV and AIDS programmes programmes at pl plac aces es of work. w ork.
Free indoor indoor res residu idual al or house house sprayi spra ying ng to control malaria.
Provi Pr ovision sion of free fre e mosquito mosquito nets to pregnant women and nursing nursing mothers.
6.
Environmental Sustainability
Strengthening the capacity and operation of Zambia Environmental Management Authority (ZEMA)
Implementa Impl ementatt ion of annual Tree Planting Programmes P rogrammes..
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7.
Global Partnership of AntiAnti-corruption Policies.
Implementa Impl ementatt ion of AntiAnti-corruption policies.
Strengthening Stre ngthening of the Human Rights Rights Commiss Commissio ion n
Strengthening partnership with regional and international organisations; such as SADC, COMESA, EU and ACP (Asia (Asia Cari Car ibbean and Pacifi Pac ific) c) countries. countries.
Millennium m De Developm velopment ent Goals initiat initiat ive ca came me to the end iin n the year 2015. 2015. Note: The Millenniu
Su Suss taina tainable ble Deve De ve lopme lopme nt Goals Goals (SDGs) The MDGs have have been replaced by the Sustainable Sustainable Development Development Goals Goals (SDGs) The SDGs are also known as Global goals are a universal call to action, to end poverty, protect the planet planet and ensure that all people people enjoy enjoy peace and a nd prosperi prosperity ty.. The foll following are some of the areas covered under the SDGs. SDGs. 2030. 1. Ensure that extreme poverty in all forms is eradicated by 2030. 2. End hunger, hunger, achieve food security sec urity and im improved proved nutrition nutrition and promote sustain susta inable able agriculture agriculture 3. Ensure healthy lives and promote wellwell- being being for all all at all aages ges 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all all 5. Ac Achi hieve eve gender equali e quality ty and empower all a ll women and girls girls 6. Ensure availability availability and sustainable sustainable management of water and sanitation sanitation for all all 7. Ensure access acc ess to affordable, reli re liable, able, sustainable sustainable and modern modern energy e nergy for all all 8. Promote sustained, inclusive and employment emplo yment and dec decent ent work for all all
sustainable
economic
growth,
full
and
productive
9. Build resilient infrastructure, promote inclusive and sustainable industrialisation and foster innovation innovation 10 10.. Reduc Reducee in inequality equality within within and a nd among countries countries 11 11.. Make cities cities and human human settlements s ettlements inclusive, inclusive, safe, safe , resili resilient and sustainable sustainable 12 12.. Ensure sustainable sust ainable consumption consumptio n and a nd production partners part ners 13 13.. Take urgent action a ction to combat cli c limate mate change cha nge and a nd its impac impacts ts 14 14.. Conserve and sustainably use the oceans, seas and marine resources for sustainable development development 15 15.. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests,, combat forests combat deserti deser tificatio fication, n, and halt halt and reverse land degradation degradation and halt halt biodi biodivers versity ity loss loss
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16 16.. Promote peaceful and inclusive societies for sustainable development, provide access to j justi ustice ce for all and buil build effective, effective, accountabl accountablee and inclu inclusive sive institutions nstitutions at all level evelss 17 17.. Strengthen the means of implementation and revitalise the global partnership for sustainable development
Guide lines on essay writing
o o o o o o o o o o o
The essay must not have a heading heading No subsub-ti titles tles are allowed allowed in the essay essa y No numberi numbering ng of you yourr work No bull bullets ets No underli underlining ning to emphasise emphasise a point point No semi se mi colon coloniies (;) and a nd full full colon coloniies (: (:)) Write your essay in paragraphs paragraphs Each Eac h paragraph para graph to outline outline only only one point point Write Wri te legibly legibly for easy ea sy marking of your your work Us Usee simple simple Grammar in the presenta pres entation tion of your your work. Avoi Avoid d bombastic bombas tic words that have no meaning. meaning. Short essa es say y questions in Section Sec tion B should be written as a one whole para pa ragraph. graph. War arnin ning: g: failure ailure to follow the benchmarks benchmarks of e s say writing writing results re sults in loss of mar marks ks . You will will lose half of the total marks you have scored in that essay question.
Starting with essay questions in Section C is the best thing a candidate can do while your brain is still
o
fresh.
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REFERENCES REFERENCES Consti Co nstituti tutio o n of Zambia Zambia (Amendme (Amendme nt), Act No. No . 18 of 1996. 199 6. Governme Governme nt Press: Lusaka. Lusaka. Consti Co nstituti tutio o n of Zambia Zambia (Amendmen (Amendment), t), Act No 2 of 2016. 201 6. Governm Governmee nt Printer: Printer: Lu Lusaka saka.. Hamwiinga, Ham wiinga, B.M eta l (2010). (201 0). Civic Education Grade 10 learner’s learner’s book . ZEPH: Lusaka. Lusaka. Hamwiinga, Ham wiinga, B.M eta l (2010). (201 0). Civic Education Grade 11 learner’s learner’s book . ZEPH: Lusaka. Lusaka. Hamwiinga, Ham wiinga, B.M eta l (2010). (201 0). Civic Education Grade 12 learner’s learner’s book . ZEPH: Lusaka. Lusaka.
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