CHAPTER 1

CIVIL SOCIETY AND THE MEDIA IN GOVERNANCE

Specific Outcomes

 Define civil society

 Outline the elements of civil society
 Discuss the functions of civil society in governance issues
 Explain the conditions necessary for the establishment of civil society
 Analyse the roles of civil society in governance issues
 Discuss the importance of citizen participation in governance
 Identify different types of media
 Analyse the content of media coverage on governance issues
 Discuss the importance of access to the media in governance
 Explain the importance of the independence of the media in governance
 Evaluate the need for citizen participation in governance
 Discuss the role of traditional Leaders in governance.

Civil society and the media play a key role in a democratic system. This chapter looks
at the role of these two important elements of democratic governance.

Civil Society

There is no single definition of the term civil society. Different definitions tend to
emphasise various aspects of the civil society.

Generally, the term civil society refers to those non-military, non-governmental

organisations and individuals who make it their business to promote and defend the
basic ideals of good governance outside the government.

Elements of Civil Society in Zambia

Civil society organisations are societies which work independent without government
supervision and control. They include Non-Governmental Organisations (NGOs),
Business Associations, Industrial Associations, Professional Associations,
Faith-Based Organisations (FBOs) Trade Unions and Pressure Groups. Many civil
society organisations have emerged in Zambia since the re-introduction of political
pluralism in 1991.

The following are examples of civil society organisations in Zambia.

International Organisations

 Women in Law and Development in Africa (WIDAF)

 Women in Law in Southern Africa (WILSA)
 The Inter-African Network for Human Rights and Development (AFRONET).
 Transparent International Zambia (TIZ).
 The Media Institute of Southern Africa (MISA).

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  Business Associations, Industrial Associations, Professional Associations,
Faith Based organisations (FBO’s).
 Trade Unions and Pressure Groups.

Pressure Groups

Pressure groups are civil society organisations formed to influence government policy
and decisions on a particular subject. Sometimes pressure groups are known as
interest groups. For example, the Oasis Forum and the Citizens Forum. Pressure
groups usually disband and cease to exist once their objective has been achieved. For
instance, the Committee for Clean Campaign (CCC) disbanded after the 1996
elections.

Civic Organisations

Civic organisations are concerned with issues such as civic education, human rights,
and good governance. The following are examples of civic organisations:

 The Zambia Civic Education Association (ZCEA).

 The Foundation for Democratic Process (FODEP).
 The Anti – Voter Apathy Programme (AVAP)
 The Non-Governmental Organisations Co-ordinating Committee (NGOCC).
 Operation Young Vote (OYV)
 The National Movement Against Corruption (NAMAC)

Women’s Groups

Women’s groups are concerned with promoting and protecting women’s rights. The
following are examples of women’s groups:
 Women for Change (WfC)
 National Women’s Lobby Group (NWLG).
 Young Women’s Christian Association (YWCA).
 Zambia Alliance of Women (ZAW)
 Forum for African Women Educationalists of Zambia (FAWEZA).
 Women in Development (WID).
 Society for Women Against AIDS in Zambia (SWAAZ).

Professional Associations

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 rights. The following are
examples of professional associations:
 The Law Association of Zambia (LAZ).
 Women in Law and Development in Africa (WILDAF).
 The Zambia Independent Media Association (ZIMA).
 The Press Association of Zambia (PAZA).
 Zambia Association of Civic Education Teachers (ZACET).
 Zambia Association of Religious Education Teachers (ZARET)

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  Languages Teachers Association of Zambia (LTAZ) and other subject
associations.

Industrial Organisations

Industrial organisations are formed by people in the same industry. For example,
workers in a manufacturing industry can form organisations to safeguard their
interests. They include:

 The Labour Movement (Trade Unions)

 The Zambia Association of Manufacturers. (ZAM).
 The Zambia National Farmers Union (ZNFU).
 The Zambia Chamber of Commerce and Industry (ZACC).
 The Zambia Consumers Association (ZCA).
 The Zambia Cross-Boarder Traders Association (ZCBTA).
 The Zambia Federation for Women in Business (ZFWB).
 The Zambia National Marketeers’ Association (ZANAMA).

Religious Organisations

Churches and other religious organisations often speak out on governance issues such
as constitutional reform, unemployment and corruption. These organisations include:

 The Zambia Evangelical Fellowship (ZEF).

 The Council of Churches in Zambia (CCZ).
 The Catholic Commission for Peace, Justice and Development (CCJPD) now
known as Caritas Zambia.
 The Young Women’s Christian Association (YWCA).
 The Young Men’s Christian Association (YMCA).
 The Islamic Association of Zambia (LAZ).

Civil society organisations do not always exist for the purpose of dealing with one
particular issue only. This makes their classification difficult as one organisation may
deal with a variety of issues.

Roles of the Civil Society.

Some of the roles of the civil society are to:

 Defend the ideals of democracy by checking the growth of undemocratic

tendencies in the policies of the government.
 carry out civic education activities and promote public awareness on issues
affecting society such as HIV/AIDS, human rights abuses, and 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 public to
the plight of the marginalized and disadvantaged people in society.

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  Debate bills and influence amendments or decisions of the Legislature. Civil
society organisations conduct seminars to debate some bills and in this way,
influence the decisions of the legislature.
 Act as agents of democratic change. For example, by advocating for
constitutional reform, gender equality, and free and fair elections.
 Defend and promote human rights and the rule of law. Rule of law means no
one is above the law. It also means giving equal treatment to all people before
the law.
 Promote accountability and transparency.
 Ensure that the government and other people in authority are accountable to
the public. For instance, NAMAC and TIZ focus on issues of corruption and
advocate for transparency in governance.
 Act as channels through which individuals can participate both in government
and community decision-making 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 policies to the community.
 Provide “checks and balances” by criticising bad government policies and
suggesting alternative 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 positions
to enhance gender equity.

Establishment of a Civil Society Organisations

Civil society organisations cannot be established and operate effectively in the

country unless certain requirements are available. The following are some of them:

 Favourable laws which permit and respect the freedom of association and
expression.
 A government which respects and accepts the views of opponents and
minority groups.
 Citizens who accept opposing views in a democratic society, and the need for
negotiation and compromise within the framework of the laws of the nation.
 A pro-active population willing to participate in community and national
activities because where there is apathy, civil society organisations may not
flourish.
 The existence of a specific problem that may encourage individuals to form a
civil society organisation to address that particular issue.

Exercise 1

1. What is the difference between the terms “civil society” and “civil society
organisations”?
2. Identify any civil society organisations operating in your district. For each,
(a) mention its main objectives and
(b) classify it according to the examples given in this chapter. Use the table
provided.

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 (c) Are these organisations relevant (required) in your community?
Substantiate your answer.

CIVIL SOCIETY OBJECTIVE CLASSIFICATION

1 Primary Education Teachers’ To improve the Industrial organisation
Union of Zambia (PETUZ) working conditions of
primary school teachers
2
3
4
5
6

Citizen Participation in Governance

Citizen participation in governance refers to the level of involvement of the people in

the decision-making process. Democracy means “People’s rule”. There cannot be true
democracy without full citizen participation in community and national affairs. One of
the obstacles to the attainment of democracy is voter apathy. This is lack of interest
in the elections.

Forms of Citizen Participation in Governance

A citizen can participate in democratic governance in many ways. This includes

partition in:

Political activities:
 Casting a vote in an election.
 Standing for a political office in an election.
 Joining and campaigning for a political party of one’s choice.
 Attending a political party meeting.
 Contacting a councillor or a Member of Parliament to raise an issue.
 Writing newspaper articles to criticise government policies.

Civil society activities:

 Joining a civil society
 Organising or attending seminars.
 Reading posters and brochures.
 Taking part in legal demonstrations.

Community activities:
 Attending a community meeting to discuss local affairs.
 Attending a Parent Teachers Association meeting at a local school.
 Moulding bricks for community projects.
 Signing a petition with other people to express dissatisfaction with a decision
made by a local council or a school administration.
 Joining a club at school or in the community.
 Electing community leaders and school prefects.

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Women Participation in Governance

The 1964, 1973, 1991 and 1996 constitutions provided for formal guarantees of
equality between men and women. In spite of this, women have been excluded from
effective participation in political leadership and decision-making since
independence. The table below shows that the average percentage of women
parliamentarians between 1968 and 2001 was less than 12%. Although there has been
a modest increase since 1991, the percentage of women parliamentarians in Zambia
still falls below 30%, which is the minimum figure demanded by the National
Women’s Lobby Group and the Southern Africa Development Community (SADC).

A comparison: Male and Female Parliamentarians.

Year of Elections Parliamentarians Total elected

Parliamentarians
Male Female
1968 104 1 105
1973 120 5 125
1983 122 3 125
1988 119 6 125
1991 144 `6 150
1996 135 15 150
2001 137 13 150

Source: Foundation for Democratic Process Training Manual (1999) and Zambia
Development Report, 2003.

Obstacles to Female Participation in Governance

Factors hindering female participation in governance include:

 Cultural aspects: The cultural set up of the Zambian society encourages

women to be subordinate and submissive to men. This has led most people
(including some women) to believe that women cannot make good leaders.

 Lack of support from the family: Another cultural aspect of the Zambian
society is that women usually need permission from their husbands before
they can join politics and contest elections. Often, such permission is often not
given because some men fear that joining politics may expose their wives to
vices such as adultery. As a result, only a very small number of married
women are able to join active politics.

 Male economic dominance: Election campaigns are usually dominated by

male candidates campaigning against females who are usually unable to raise
enough money for the campaign. This puts women in disadvantaged positions.

 Lack of solidarity among women: Female voters tend not to support female
candidates. There is usually a rift between highly educated and less educated
women. In addition, women tend to have little confidence in their fellow
women’s leadership abilities.

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  Political discrimination: Political party committees responsible for adopting
election candidates are male dominated and tend to discriminate against
women. On the other hand, some women are unwilling to be adopted as
election candidates for various reasons such as lack of support from their
husbands and inadequate financial resources.

The Need for Citizen Participation

Democracy is a government based on the consent of the people. Citizen participation
is, therefore, a key factor in good governance. Without citizen participation in
national affairs:
 Government leaders would be elected by a minority of citizens who are
politically active to govern over the inactive majority. A democratic society
should be based on majority rule.
 Poor government policies may go unchecked.
 Citizens remain ignorant of government policies and intentions.
 Leaders of low calibre may find it easy to corrupt the few politically active
citizens and win elections.
 Government leaders will not be held accountable.

Exercise 2

1. What is voter apathy?’

2. Identify reasons for voter apathy
3. What are the reasons often given by people for not voting in an election?
4. From the reasons you have written, suggest ways of redressing voter apathy.
5. Carry out a survey in your local area to find out the percentage of women in
positions of leadership. Use samples of randomly selected institutions found in
your area and fill in your information as shown in the table below. Calculate
the percentage of female leaders out of the total leadership positions you have
listed.

RANDOM LEADERSHIP NUMBER NUMBER OF %

SAMPLE OF POSITION OF FEMALES
MALES
10 Communities Community leaders

10 Schools Headteachers

10 Shops

10 School Clubs

5 Chiefdoms
5 Churches
5 RDC
5 NGOs
5 Companies
5 Co-operatives
5 Political Parties
5 Sports teams

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The Media
The word media comes from the word medium meaning go between. Mass media
refers to technical devices that make possible the dissemination of information to a
large number of people. There are two types of news media. These are: print media
and electronic media.

Print Media

The print media relies on printed paper to disseminate information. This is also
referred to as the press. The print media consists of periodical literature and the daily
newspapers. It also includes notice boards, posters, and brochures (leaflets).

The media can also be classified according to ownership . We have the public and the
private media. The public media is to a large degree owned and controlled by the
state, while the private media is owned by individuals, private companies and
institutions such as the church. Examples of the print media in Zambia are:

 The Times of Zambia.

 The Sunday Times of Zambia.
 The Zambia Daily Mail.
 The National Mirror.
 The Post.
 The Monitor.
 The Guardian.
 The Weekly Angel.
 The Speak Out Magazine.
 The Challenge Magazine.

Electronic Media

The electronic media uses electric and electronic methods to disseminate information.
The common ones are television, radio, cinema, video, internet (computers) and
satellite.

Electronic media operating in Zambia can also be classified into private and public
media. Examples are:

 The Zambia National Broadcasting Corporation (radio and television stations).

 Radio Phoenix
 Radio Christian Voice.
 Radio Ichengelo (and many other Catholic Church community radio stations).
 Internet
 Muvi – TV
 Trinity Broadcasting Network (TBN)
 MOBI – TV
 G-TV

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 Picture of the mass
media complex

News Agencies

News agencies are media institutions which collect and supply information to media
organisations.

Examples of such agencies are:

 Zambia National Information Services (ZANIS).
 National Agriculture Information Service (NAIS)
 Reuters
 Agency – Press

The Role of the Media.

Some of the roles of the media in governance are as 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 or a political party’s plans and
achievements.

 To act as a watchdog: A free and impartial media is 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 holding public
officials accountable for their actions. In a democratic state, the media should
not only publicise the activities of the ruling party in a favourable way. It
should also investigate and expose the malpractices of government and other
public officials.

 To promote public debate: The media provides a forum for the expression of
views and opinions of both the government and the people on matters of
public interest. The daily 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 also campaign for or against some leaders or
government policies.

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  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 and what is not. Consequently, people see
the world through the eyes of the media, and this in turn influences people’s
opinions about issues. Therefore, the media plays a key role in forming public
opinion.

Shortcomings of 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 is often used as a commercial enterprise. Facts are
often manipulated to cater for the interests of the owners, advertisers, and the
readers to increase circulation and maximise profits. Media sensationalism is
often used by the private media as a marketing strategy.

 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 publication. Seditious publication is
any material that can bring hatred or contempt against the government and its
leadership. This makes it difficult for the media to report unfavourably on
government policies and leaders even when they are not performing well.

 Accessibility: Public access to the media is restricted by various factors such

as limited circulation, affordability, high levels of illiteracy, and the
discriminatory policies of some media organisations which deliberately deny
publicity to people holding views contrary to their own. In Zambia, about 60%
of the population live in rural areas where the circulation of the print media is
almost non-existent. Therefore, the rural population mainly rely on the radio
news from the state owned broadcasting corporation although this is also
dependent on the affordability of radio sets.

Exercise 3

1. Define the following concepts:

 State media
 Private media
 Language bias
 Gender bias.
 Political bias
 Age bias
 Ethnic bias
 Points of view
 Objectivity in reporting.

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 2. Read the definitions of the following concepts carefully and do the exercise
which follows:

Fact – something that is definitely true. A particular situation which exists.

Opinion – what the writer thinks of something or someone.
Comment – an explanation of something.
A balanced report – a report giving equal number of points for and against.

Now read a story of your own choice which was published in two different
newspapers. Note any differences in the way the story was presented.
a) Why do you think the reporters chose different headings for the same
story?
b) List what you consider to be “facts”.
c) List what you consider to be “opinions”.
d) Which story do you consider to be more balanced? Give reasons for your
answer.
e) Discuss what is meant by media sensationalism.

(f) List at least three phrases or statements from your two newspaper stories
which you consider as media sensationalism.
3. You have read an article in one of the newspapers which suggests that 30% of
the seats in the parliament should be reserved for female M.Ps. Write a letter
to “The Editor” commenting on this proposal.
4. What is meant by “Freedom of the Press?
5. Consider the following situations carefully. For each, say whether it is a
characteristic of press freedom or not. Give reasons for your answer.
 Police beat up and arrest journalists for covering an illegal
demonstration.
 The Minister of Home Affairs deports a foreign journalist for writing
articles that are critical of the republican president.
 A government owned television station gives air time to opposition party
candidates to debate election issues with the ruling party candidates.
 Only journalists from the state owned media organisations are allowed to
attend the national convention of the ruling party. In addition, everyone
attending the convention including Journalists is required to wear the
ruling party’s campaign T-shirts.
6. Study the three tables below showing the print media coverage of the 1996
elections.

Table 1

Political party per number of advertisements in the Zambia Daily Mail.

Political Party %
MMD 97.37
ZDCO (Opposition) 2.63

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Table 2

News allocation per political party in the Times of Zambia.

Political Party %
MMD 88.15
ZDCO (Opposition) 6.44
Others 5.41

Table 3
The Post: Political party per number of advertisements.

Political Party %
ZDCO 93.8
MMD) 6.2

Source: F. Banda, Elections and the Press in Zambia, the case of the 1996 polls
(Lusaka, (ZIMA, 1997) page 29,32, 45.

(i) Discuss the reasons for the apparent ‘bias’ in both the public and the
private print media.
(ii) Does this kind of “coverage bias” still exist? Give reasons for your answer.

Role of Traditional Leaders in Governance.

Before the on-set of the colonial rule, the people of Zambia were governed by kings,
queens, chiefs, village headmen, and elders. These are the people who are referred to
as traditional leaders. During the colonial era (1890 – 1964) the colonial power,
Britain, recognised the importance of involving traditional leaders in governance.
Britain adopted a policy known as Indirect Rule which meant governing the people
through their traditional structures. For instance, traditional leaders collected hut tax
on behalf of the government. From 1964 to 1991 the UNIP government continued to
involve traditional leaders in governance. It introduced the House of Chiefs as a
forum through which traditional leaders participated in governance.

The 1991 constitution abolished the House of Chiefs, but the institution was re-
established by the Constitution of Zambia (Amendment) Act of 1996.

The House of Chiefs

There are 27 chiefs in the House of Chiefs. Chiefs from each of the nine provinces
elect three chiefs to represent them in the House of Chiefs. The term of office for the
elected chiefs is three years, but a member can be re-elected for a second term of three
years after which he or she is not permitted to run for re-election. The House of
Chiefs elects its chairperson and vice chairperson from among the members. The
chairperson and the vice chairperson take an oath of allegiance (loyalty) to the
President. A Clerk of the House and other staff carry out the administrative duties of
the House of Chiefs.

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The functions of the House of Chiefs as outlined in the Amended Constitution of
Zambia of 1996 are:

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

Shortcomings of the House of Chiefs

The House of Chiefs has been criticized by many people as a costly talking shop. It
plays an insignificant advisory role and it has no real influence on issues of
development and governance. While some people have called for the abolition of the
House of Chiefs, others have advocated for its strengthening by giving it legislative
powers. A related controversial issue concerns the political role of chiefs in
governance. The Amended Constitution of Zambia of 1996 does not allow Chiefs to
join any political party or to contest in elections. Some people argue that this is a
necessary measure to protect the dignity of chiefs and enhance their impartiality in
their dealings with people in their community who have various political affiliations.
Other people argue that this law violates the democratic rights of chiefs as citizens.
Every citizen should enjoy his or her freedom of association, as well as the right to
join a political party and to run for a political office in an election.

Exercise

1. A 2003 survey carried out by AFRONET, showed that about 60% of

Zambians consulted traditional leaders to help them solve a problem, rather
than elected officials. Find out, and list any five problems which are usually
solved by traditional leaders.
2. Should traditional leaders take part in politics? Give reasons for your answer.
3. “The House of chiefs should be strengthened by giving it legislative powers. Do
you agree or disagree with this statement. Give reasons.
4. Some chiefs have suggested that the number of chiefs representing provinces
in the House of Chiefs should be increased. Give arguments for or against this
suggestion.

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Action Projects

1. A survey conducted in your constituency has revealed the existence of a high

voter apathy rate. As pupils of Civic Education at your school, you have decided
to take advantage of the forthcoming District Agricultural Show to be held in
your area to carry out an Anti-Voter Apathy Campaign. You have decided to
display Anti-Voter Apathy posters at your stand during the show. Design the
posters, stating the importance of voting in elections and the dangers posed by
voter apathy.

2. Conduct a survey in your community to find out on what issues or cases the
people usually consult traditional leaders and elected officials such as
councillors. Prepare a questionnaire for use in your survey.

3. Invite a female politician or a civic activist as a guest speaker to talk about voter
apathy in Zambia to all pupils. You may do the following:

 Write an invitation letter;

 Organise the meeting;
 Facilitate the meeting activities;
 Prepare and deliver the vote of thanks; and
 Write a report on the meeting.

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 CHAPTER 2
ECONOMIC AND SOCIAL DEVELOPMENT

Specific Learning Outcomes

 Define development, economic development and social development.

 Discuss basic human needs.
 Describe factors that affect production.
 Discuss factors which affect capital formation.
 Outline the elements of civil society.
 Analyse the roles of civil society in government.
 Analyse the contribution of financial institutions to economic and social
development.
 Explain the importance of positive work culture for economic development in
Zambia.
 Explain the role of the informal sector in national development.

In economics 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. For example, if the road from Lusaka to Ndola is re-surfaced, it
would look good. This is not development but change. The construction of a new road
through a bush is development. Other examples of development are:

 building a new health centre.

 constructing a bridge, dam or road.
 opening a new mine.
 building a new university.
 building more basic and high schools.

Development means there is an improvement in the provision of basic needs.

Economic progress can contribute to a greater sense of self – esteem for the country
and its citizens, especially when material advancement has increased the range of
choices for individuals. In other words, development is a process of improvement to
meet people’s needs at all levels, either personal, local, national or international.

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Economic Development

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 as the rise in real
national income over a period of years.

A country can achieve economic development when there is economic growth. This
comes about when there is a big change in the economy such as:

 expansion of agriculture by producing surplus products for export.

 expansion of manufacturing industry to process various
products within the country.
 improvement of technologies such as efficient tools and machines.
 research on new technologies.
 improved skills leading to increased production of goods and services.
 discovering of mineral deposits which bring into the country taxes, royalties
and job creation.

The government makes money through taxes and royalties paid by investors mining in
Zambia. Mining creates employment for citizens.

Heavy capital investment leads to improved output per head and an improvement in
social welfare.

Social Development

Social development is the improvement in the standard of living of the people.

It covers a lot of things. These are:
 access to basic needs such as food, clothing, shelter and clean drinking water;
 human rights;
 good governance;
 access to education and health care; and
 Opportunities and choices for each individual to fulfil his or her potential.

Poverty is a condition of being poor. A poor person is one who has no sufficient
money or resources to afford the basic needs such as food, medical care, clean and
safe drinking water and sanitation, clothing and housing. Poverty results in the
deterioration of the living conditions of millions of people. It is the biggest obstacle to
human security. Therefore, the biggest challenge to social development is the fight
against poverty, particularly in rural areas and high density areas in towns, and to
ensure that the population receives all the essential services it requires. Social
development can be affected by unfavourable economic conditions and natural
disasters.

Health is an essential element in social development. Good health is a precondition

for social stability. When people are sick they can not produce any goods and
services.

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Basic Needs

These are divided into goods and services.

Goods: are tangible or physical items that can be seen. Examples of some of the goods
are furniture, motor vehicles, clothes, television sets and radios.

Services: are not physical but activities or benefits offered that give satisfaction to
consumers. Examples of services are entertainment by musicians and actors,
education, health care and legal protection (lawyers).

Human Needs and Wants

These are often confused and mixed up by many people.

Needs are things human beings require in order to survive or keep the bodies
functioning properly. Examples are shelter, clothing, food and medical care.

Wants are not really essential for the proper functioning of the body. These are looked
at as luxuries, for example motor vehicles, furniture and 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, water and shelter. We need to eat
nutritious food and drink safe and clean water to keep healthy.

We need shelter to protect us from rain, cold, heat and also provide a place to keep
our goods safe. Clothing is important because it protects our bodies from heat and
cold.

Health services are important to enable us have healthy bodies. We, therefore, need
more hospitals to provide basic health services to everyone. Education is key to social
and economic development.

Exercise 1

(i) List things or facilities that people require in relation to social and
economic development. Explain their importance.

(ii) Write down things you consider to be indicators of development in:

(a) your community
(b) your district or province
(c) Zambia

Give reasons for each indicator.

17
What social and economic development would you like to have in your community?
What are the main obstacle to this development? Give reasons for your answer.

Activity 1

(i) Discuss the importance of agriculture for social and economic

development in Zambia.

Factors of Production

The factors of production are land, labour, capital and enterprise.

The purpose of an economic activity is the satisfaction of wants. Any activity which
helps to satisfy wants is defined as production.

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.

Production can only take place if the necessary resources are readily available. We
need factories, railways, farms, mines, human skills, offices and shops. These are
called economic resources or factors of production.

Land

Land comprises those resources made available by nature and found only on earth,
such as:

 agricultural areas.
 natural grasslands, woodlands and forests.
 deserts.
 oceans, lakes, seas and rivers.
 chemicals of the earth’s crust and of the atmosphere.

They must be used sustainably.

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 people who take part in production also
consume the products of labour. It is the services of labour which are bought and sold
and not labour itself. The reward for labour is wages or salaries.

The supply of labour depends on two things:

 The total labour force available.

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  The number of hours per week the population is prepared to work.

Labour can be classified as skilled, semi-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. Semi
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. For example, drivers,
painters and welders. Unskilled labour requires little specialized training. For
example, farm labourers, cleaners and garden boys.

The Efficiency of 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 services, improving the
efficiency of the labour force is very important.

Productivity refers to the output per worker per unit of time. The efficiency of labour
is dependent upon a number of factors:

 Education and training

A person who is educated and has sound technical training would be more
effective than one who lacks knowledge. Modern industrial operations require
a highly skilled labour force.

 Working conditions
The efficiency of labour is influenced by good working conditions and a
favourable working environment such as a living wage, good sanitation, and
well ventilated workplaces.

 Welfare Services
Welfare services are services provided to a worker such as medical care,
transport, housing and recreation facilities.

 Motivation
Motivation involves various incentives such as monetary reward as a means of
stimulating output.

Capital

Capital is a human made resource. It refers to physical assets created in the past and
are available for present use. Capital includes machines and industrial buildings that
contribute to production.

 Working 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

19
 bank. It is money by which current assets (debtors, bank, cash, stock) exceed
current liabilities (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.

 Fixed 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.

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
with the production of goods.

The Entrepreneur

Some economists identify entrepreneurship as the fourth factor of production. In order

for land, labour and capital to produce anything, there must be a person or persons
who will organise these factors so that production can take place. The entrepreneur is
a risk bearer. The goods he or she produces for sale will depend on demand. The risks
borne by entrepreneurs arise from uncertainty. Organisation, management and risk
bearing are the entrepreneurial functions. For example, a person can buy a new
minibus which could be involved in an accident and get damaged beyond repair. This
is a risk in a transport business. Similarly, a farmer can have all the crops destroyed
by bush fire. This is a risk in farming. The reward for entrepreneurship is profit.

Capital Accumulation or 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 to build more car factories.
This is known as capital accumulation.

Factors Which Affect Capital Formation

The following factors affect capital formation

 Poverty
This is where people have nothing at all and cannot therefore enter into any
kind of business venture.

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  Low incomes
People who get very low income have little money or nothing to save. In
Zambia, many people get very low incomes, making it difficult for them to
save for future use.

 Consumption habits
People eat expensive food, take expensive foreign drinks like brandy and buy
expensive cars. This makes them save very little or nothing at all.

 The extended family system

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, it would be
difficult for one to save money or acquire capital for investment.

 No future plans
People spend more to fulfil their present needs, hence end up being
extravagant.

 Lack of knowledge to save for investment

Most people do not have the idea of saving for investment.

 Social status
Some people, especially those in the high 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 accumulation because
little or no money is saved.

 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 importing finished goods into the country
instead of having them produced locally.

Exercise 2

(i) Discuss factors of production and show why they are important.
(ii) Discuss factors that determine the efficiency of labour.
(iii) What do you understand by the term capital accumulation?
(iv) Why is capital accumulation important to the nation.

Activity 2

Go and find out in your community the factors which affect capital formation.
Write a report to present to the rest of the class.

21
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 institution
to the other.

Types of 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 manages money supply for the
benefit of the country’s economy.

In Zambia, the central bank is called the Bank of Zambia (BOZ). The bank is owned
by the Government of the Republic of Zambia. It was established on the eve of
independence in 1964.

The following are the main functions of the Central Bank:

 Keeping money for commercial banks. It provides all of the banking services
to the banking sector; commercial banks can draw bank notes from 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 on all kinds of
financial matters.
 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.
 Clearing cheques and transferring of money to commercial banks.
 Keeping foreign currencies and selling them to commercial banks and
bureaus. This is important for Zambia because the foreign exchange has to be
disbursed to important sectors of development.
 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 banks as a last resort if they cannot get money
from any other source.
 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 Development Bank (ADB)
or even from the public through the sale of bonds.

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Commercial Banks

Commercial banks are controlled by central banks. Commercial banks are financial
institutions with government licences to operate in financial matters.

The basic functions of a commercial bank are to:

 collect surplus funds from the general public.

 transfer funds from one person to another by means of a cheque or credit card.
 lend surplus funds at an interest to customers who borrow.
 advise on a variety of business matters such as investment opportunities, overseas
trade information and so on.
 look after valuables such as insurance policies, wills, title deeds and precious
stones like gold.

Commercial banks attract deposits from the public in three main forms:

 Current 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).

 Deposit 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 also be deposited using the
automatic teller machines (ATM).

 Large Fixed Term Deposits

Banks offer higher rates of interest on large sums of money deposited for a
fixed period of time.

 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
number of personal loans.

 Money Transmission 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
standing orders, direct debits and credit cards.

23
 In Zambia today credit cards can be used to get goods from shops or pay for
services. Standing orders are direct pay deductions from a customer’s account
by a bank in order to pay for a service to a company or person for the service
rendered. The same amount of money is paid at regular intervals e.g. K50,000
every 20th of the month.

Commercial banks stand at the centre of business

activities and promote prosperity.

By giving loans to enterprises, they help the

expansion of industries in the country and the creation
of more employment in industries.

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 irregular intervals and amounts are
not fixed.

Merchant Banks

Originally, merchant banks were discount houses which were responsible for
discounting Bills of 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 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.

Other Financial 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 and channel
them to industry and the government.

For Example:
the Building National Building Society
the Development Bank of Zambia
the Savings Bank
the Stock Exchange

Building 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.

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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 sectors.

Savings Bank

This operates through the Post Office network. It provides savings accounts and basic
banking services, particularly to low income groups in both urban and rural areas. A
good example is the National Savings Bank – (NATSAVE).

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 of the stock exchange:

 Provides a market for second hand shares

 Helps companies or business to raise new capital.
 Regulates the prices of shares on the market.
 Encourages investment in securities.
 Enables flow of capital for productive industry.

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 following are some examples of
companies trading on the Lusaka Stock Exchange (LuSE):

 Chilanga Cement PLC

 Zambia Breweries PLC
 Zambia Sugar PLC.

Insurance

Many people have life policies for which the insurance company collects premiums
annually. The insurance company undertakes to pay a lump sum either on a specific
date or upon the death of the assured.

Insurance is a system of protection against all kinds of risk. People buy insurance
policies to protect themselves against the loss of something which is very valuable to
them, such as a car, a house, a farm and a factory. People who are insured pay money
to the insurance company to compensate those who suffer loss.

Insurance is based on the principle of pooling risks. 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 premium paid will be used to help
those whose cars get stolen or damaged in road accidents.

Insurance is based on the following main principles: insurable interest, utmost good
faith; indemnity and subrogation.

25
 1. Insurable Interest
The objective of this principle is to prevent financial loss arising from the loss
or destruction of the property. Therefore one is not allowed to insure another
person’s property because he or she will not suffer a financial loss should the
property insured get damaged. He or she might also be tempted to cause
damage to the property knowing that he or she is not a beneficiary in any way.

2. Utmost good faith

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) will be declared null
and void or the insurer will simply not pay compensation.

3. 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.

4. 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.

Insurable risks are risks that can be insured because there is evidence of their
occurrence. Premiums can thus be calculated.

Insurable Risks
These are risks which can be assessed from past records or events and statistical data.
Calculation of premium depends on the data available.

The following are some of the risks that can be insured.

 destruction of property or stock by fire,
 losses arising from burglary or other cases,
 goods in transit.
 motor vehicles and third party claims arising out of accidents.
 Crops in case of drought and floods.
- locusts and grain-borer
- livestock against diseases such as: foot and mouth, anthrax and bird
flue

26
 - bad debts. The insured is compensated should his or her debtors fail
to pay for goods bought on credit.

Non-Insurable risk
These are risks that have no past records and cannot, therefore, be calculated.

The following cannot be insured because there is no statistical data to base the claim
on.

 Loss of business due to bad management or

Fashion 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. An insurance policy is a document that
sets out the exact terms and conditions of an insurance transaction, the precise risk
covered, the period of cover and any exceptions there may be.

The money paid is called a premium. Premiums are normally paid monthly, quarterly
and annually. In return for the payment of a premium an insurer or underwriter
agrees to compensate the insured in the event of his or her suffering a specified loss.
Loss of profit due to damage of property or destruction of premises is called
consequential loss. A great variety of risks can be covered by insurance.

An insurance broker is an independent agent who links clients seeking insurance in

touch with insurers who undertake that type of business. He or she can advise clients
which insurers can offer them the most favourable terms. 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 shares from those companies, and thus make a
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 development by paying compensation
to companies and individuals for damages to their properties.

Some insurance companies specialise in one type of insurance such as life assurance
and motor vehicle insurance. Other insurance companies offer cover in many types of
insurance.

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 accident. It also covers liability in the case of death or
injury to property involving the insured car.

This can be divided into three classes:

27
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 a pedestrian and he or she is injured, the insurance company will pay for
medical expenses of the person injured, and compensation.

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 except one’s immediate family or employees.

Comprehensive Insurance

This covers all the above and also damage to one’s own vehicle. Medical expenses of
the driver and passengers will also be paid. This type of insurance attracts very high
premium. Premium and policy 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 will be reduced by a certain percentage. This
encourages safe driving.

Employers Liability
This covers compensation to the employees should they sustain injury, get sick or die
while on 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 from possible fraud and
misappropriation of funds.

Bad debts
The insured is compensated should his or her customers fail to pay for goods bought
on credit.

b) Life Assurance
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 premium.

28
 After premiums have been paid on a life policy for a number of years it will
have some value. This is called surrender value. This is the amount of refund
which will be made by an insurance company if the policy was cancelled.

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 amount to be
paid.

Life Policies
The following are some of the life policies:

(i) 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.

(ii) Terms 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.

(iii) Life Endowment Policy

The assured is covered for a specified period of time for example twenty
years. If the assured dies before the policy matures, money is paid to his or
her dependants. If he or she lives beyond the maturity, the sum assured is
paid to him or her personally.

Exercise 3

1. What roles do commercial banks play in the Zambian economy and social
development?
2. Briefly write on the following concepts:
 Current Accounts
 Deposit Accounts
 Third party Insurance
 Comprehensive Insurance
 Premiums
 Insured
 Insurer

Activity 3
1. In pairs discuss any three functions of the Central Bank.
2. Identify types of policies offered by insurance companies which are not
covered in the chapter.
3. In groups discuss insurable and non-insurable risks. Explain why they differ.
4. Present your report to the rest of the class.

29
Work Culture

By work culture we mean the attitudes and values of people towards work. There can
be negative or positive work culture. The following are the characteristics of a
negative work culture:

 a person employed in the formal or informal sector does not want to work hard
but would like to be paid for doing very little.
 a person spends most of the time doing nothing or playing about up to the end
of the day’s work.
 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 for one to earn
a living and yet one can be productive by being self employed.

People tend to have negative attitudes towards certain jobs such as manual work.

Positive work culture is when one:

 works hard to achieve productivity targets within a given time.
 does not wait for supervision. Once work has been assigned he or she
makes sure that the task is completed in time.
 earns a living through hard work and putting maximum effort to compete
any assigned task.
 feels committed to work.
 uses individual initiative to do what is required rather than wait to be told
every time.

Causes of negative work culture

 Lack of pride in one’s work.
 Poor workmanship in the production of goods.

The importance of positive work culture

The attitude of people towards work is very important because the survival and
development of a society depends on the work of its members. Good work culture
determines the productivity of workers.

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 production of surplus maize in
Zambia during the 2003 – 2004 season. Zambia was able to export maize to
neighbouring countries due to surplus maize production by farmers.

30
Exercise 4
1. Discuss what would happen to Zambia if there was:
(a) negative work culture
(b) positive work culture.

The role of the informal sector in national development

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 living by doing private
work either individually or in a group.

Unfortunately, the problem facing Zambia and all developing countries is one of
failing to create more jobs to keep up with the growing labour force. The government
is the biggest employer in the formal sector. However, the number of people
employed as full time workers is far less than the demand for jobs by the labour
market. A labour market is a place where individuals are looking for employment and
are ready to sell their labour for a wage.

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 overseas to make the country earn foreign exchange.

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.

For example, in 1986, the population of Zambia was estimated at 7.8 million
2,364,253 people were in employment. Only 537,929 people were in formal
employment while 1,826,324 people were in informal employment. By the end of
2006, the population of Zambia was estimated at 11.5 million. About 500,000 people
were in formal employment while over 3 million people were in informal
employment. Almost 72 per cent of the people employed in the informal sector are
engaged in subsistence farming.

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 buildings, shopping centres, transport
and communication. The informal sector has also promoted accessible credit facilities.
It has improved production in subsistence farming.

Exercise 5
1. Explain the major difference between the formal and informal sector
2. Discuss the advantages of the informal sector to the development of Zambia.
3. What do you understand by the term labour market?

31
Activity 5
1. Working in pairs prepare a speech to be presented at a Civic Education
Seminar on unemployment in Zambia and suggest possible solutions to
unemployment in your community.

Action Projects:
1. Imagine that you are a member of the project committee at your school. List
some of the projects you will propose to the school administration. Give
convincing reasons why you think such projects are both important and viable to
the school.

2. Carry out a survey in your community on developmental projects and write a

short report on some of them.

3. Visit any commercial bank in your community and learn about its activities.
Sensitise the community on the activities of the bank.

4. Carry out a survey in your community on the informal sector. Write a report on
one of the activities in the informal sector in your area which is doing extremely
well, giving details about:
(c) formation
(d) capital contribution (shareholder)
(e) profits.
(f) Challenges.

32
 CHAPTER 3
INTRODUCTION TO MAJOR INTERNATIONAL HUMAN RIGHTS
INSTRUMENTS

Specific Learning Outcomes

 Define the Charter-Based Human Rights Instrument (Universal Declaration of
Human Rights).
 Describe the background to the Charter – Based Human Rights Instrument
(UDHR).
 Describe the International Bill of Rights
 Discuss the mechanisms used by the United Nations in monitoring and
supervising the implementation of the Charter-Based Human Rights
Instrument (UDHR).
 Provide a summary of the provisions contained in the UDHR
 Define Treaty-Based International Human Rights Instruments
 Describe the background to each of the major Treaty-Based International
Human Rights Instruments.
 Discuss the mechanisms used by the United Nations in monitoring and
supervising the implementation of the major Treaty-Based Human Rights
Instruments.
 Provide summaries of the provisions contained in each of the major Treaty-
Based Human Rights Instruments.

In Grade 10, you learnt about the origins, definition, characteristics, sources and
categories of Human Rights. In this chapter, you will examine major international
human rights instruments. Below is a chart of international human rights instruments
that you are going to study in this chapter:

The International Bill of Rights

The Universal Declaration of Human Rights 1948
International Covenant on International Covenant on Civil and Political
Economic, Social and Cultural Rights 1966 and its two optional protocols
Rights 1966
Specialised Human Rights Instruments
International Convention on Convention Convention on International
Convention on the Elimination against the Rights of Convention on
the Elimination of All Forms of Torture and the Child 1989 the Protection
of All Forms of Discrimination Cruelty, and its two of the Rights
Racial against Women Inhuman or optional of All Migrant
Discrimination 1979 and its Degrading protocols Workers and
1965 optional Treatment or Members of
protocol Punishment their Families
1984 1990

33
United Nations Universal Declaration of Human Rights

Background Information

The United Nations Declaration of Human Rights (UNDHR) is derived from the
United Nations Charter of the United Nations Organisation. It arose because of the
gross violations of human rights that took place during the Second World War
especially by Nazi Germany against the Jews. Nazi Germany carried out a systematic
violation of the Jewish peoples’ rights. They were locked up in labour concentration
camps where they worked for no pay and little food. There were also camps where the
Jews were gassed to their death. About six million Jews were killed during the war.
After the end of the war and the discovery of the atrocities that had gone on in
Germany, the Charter of the United Nations recognized that there was need for an
international instrument that should guard against such atrocities as the holocaust
which was the name given to the killing of the Jews in World War II.

The preamble, which is the introduction of the Charter of the United Nations, states:
“We, the people of the United Nations, determined to save succeeding generations
from the scourge of war, which twice in our life time has brought untold sorrow to
mankind ……. Reaffirm faith in fundamental human rights, in the dignity and worth of
human person, in the equal rights of men and women and of nations large and small
……”

From this preamble, the United Nations set itself a task of coming up with an
international bill of rights. The plan was to compose a declaration of rights, an
agreement that would impose legal responsibilities on the States Parties, which are
countries that sign the charter. The countries would also agree to the mechanisms of
supervision by the United Nations. The result of this was the Universal Declaration of
Human Rights commonly referred to as the UDHR.

The Universal Declaration was adopted by the United Nations on 10th December,
1948 in Geneva. The 10th of December has from then on been observed as Human
Rights Day. The Declaration contains 30 articles which are a list of basic rights every
human being is born with. The UDHR is an internationally recognized and agreed
upon instrument through which individuals and governments can work to deliver
basic rights. The preamble outlines the declaration’s values and beliefs. It asserts that:
 justice, peace and freedom are linked directly to respect for human
rights.
 human rights grow out of the dignity of each person.
 freedom from fear and from want can only be achieved in conditions
where all rights are respected.
 all people have a duty to promote and protect the rights of others.
 all states are compelled to respect and promote human rights.

The UDHR states that all human beings whatever race, colour, nationality, sex,
political or other beliefs, however much money or property they have are entitled to
the same human rights.

34
The 30 articles in the UDHR can be divided into two themes:
 civil and political rights
 economic, social and cultural rights

Brief Summary of the UDHR

articles

Everyone:
1. is born in freedom, equality
and dignity
2. has the right not to be
discriminated against on
any basis
3. has the right to life and to
live in freedom and safety
4. has the right to liberty /
freedom
5. has the right to security of person. No one should be tortured or should
suffer from cruel and inhuman treatment
6. has the right to recognition before the law
7. has the rights to equality before the law and equal protection
8. has the right to effective remedy
9. has the right not to be subjected to arbitrary arrest or detention
10. has the right to full and fair hearing before an impartial and independent
tribunal
11. has the right to be presumed innocent until proven guilty
12. has the right to privacy
13. has the right to freedom of movement
14. has the right to asylum
15. has the right to nationality
16. has the right to marry
17. has the right to own property
18. has the right to freedom of thought, conscience and religion
19. has the right to freedom of opinion and expression
20. has the right to freedom of assembly and association
21. has the right to take part in government, access to public services, right to
vote
22. has the right to social security
23. has the right to work
24. has the right to rest and leisure
25. has the right to an adequate standard of living
26. has the right to education
27. has the right to freely participate in the cultural life of the community
28. is entitled to a social and international order to realize the right and
freedoms
29. has duties to the community and above all
30. nobody can interpret this declaration in a way that can endanger any of the
rights and freedoms of others

35
 However, the Universal Declaration of Human Rights (UDHR) is not a binding
document. It is just a declaration and any state that signs up for it is agreeable with
the contents in the declaration but does not commit itself to be bound to
implement the provisions in it.

Supervisory Mechanisms for the Universal Declaration of Human Rights

The United Nations set in place procedures by which it monitors how the States
Parties, nations that signed the Universal Declaration on Human Rights, are
implementing the provisions contained in it. The monitoring mechanisms under
the UDHR are called charter-based mechanisms because they are used to
supervise a charter and the UDHR is a charter not a treaty. It is not based on a
treaty and is therefore, not legally binding. While a Charter has no binding legal
effect on States, nevertheless, it is a general agreement on the part of the
international community and it has a strong and moral influence in the way States
conduct international relations.

The Charter- Based monitoring mechanisms are:

The 1503 Procedure

This was adopted by the Economic and Social Council (ECOSOC) in 1970. It is
called the 1503 Procedure because it was the Council’s Resolution number 1503
which authorized the formation of a sub-Commission on Discrimination and
Protection of Minorities to consider all communications. Communications in
human rights language means a complaint received by the United Nations on
consistent pattern of gross and reliably attested violations of human rights and
fundamental freedoms. The Commission has 53 members at any one given time.
It sits every year in Geneva for six weeks, March to April. The members on the
committee represent states. Apart from the 53 members, other countries attend as
observer states but only the 53 members vote. The 1503 Procedure is sometimes
referred to as the 1503 Confidential Procedure because the discussions are
confidential. The Procedure receives communication from individuals or non-
governmental organizations.

The 1235 Procedure

This was a Resolution adopted by ECOSOC in 1967. It approved the Commission

on Human Rights decision to consider annually, Questions of the violation of
human rights and fundamental freedoms, including policies of racial
discrimination and segregation and of apartheid, in all countries, with particular
reference to colonial and other dependent countries and territories.

The 1235 Procedure is public and can be initiated by:

- a member state of the declaration.
- group of states.
- the Sub-Commission.

36
Through this procedure, the Commission on Human Rights may investigate particular
countries or particular issues. The issues may be Country-Based. For example, the
Ad Hoc Working Group on the situation of human rights in Chile or Thematic -
Studies like Religious Intolerance and Discrimination.

Both procedures deal with gross and systematic human rights violations affecting a
large number of people and for a long period. Procedures that are charter-based do
not concern themselves with individual cases: Therefore; both procedures do not deal
with individuals.

Exercise 1

(a) Read the articles contained in the UDHR carefully. Using the table below, place
each article under the column you think it belongs to.

Articles to do with Civil and Political Articles that are part of Economic,
Rights Social and Cultural Rights

1. Compare your list with that of another group.

2. Discuss the similarities and differences in your lists.
3. Which Human Rights can you not live without? List and rank them according
to their importance.
4. Which Human Rights can you live without? List them and explain why you
can live without them?
5. Do you think that having the UDHR helps promote and protect the rights of
people everywhere?
6. Is the Universal Declaration of Human Rights still relevant today?
7. Does the UDHR give us any ideas on how to behave towards each other?
8. What kind of Zambia would you like to see in forty years time in terms of
human rights?

37
 (b) Read each article and then answer the questions that follow:

Article 1 UDHR: All human beings are born free and equal in dignity and rights
1. Does this mean that all human beings are equal? Give reasons for your
answer?
2. How have people tried to justify racial discrimination? Think back to slavery,
colonialism, Jewish Holocaust and apartheid.

Article 3: Everyone has the right to life, liberty and security of person

3. Is it the responsibility of the state alone to ensure these rights are enjoyed by
every person?
4. What if the laws of a state allow for the taking of human life through capital
punishment?

Article 4: No one shall be held in slavery or servitude, slavery and the slave
trade shall be prohibited in all their forms

5. What does slavery mean today?

6. What can be done to eradicate slavery in all its forms?

Article 15: Everyone has the right to a nationality

7. Why do people need a nationality?

8. What kind of duties does the individual have to:
(a) herself/himself
(b) other individuals
(c) the nation.

Activity 1

Invite a resource person from the Human Rights Commission or any other
organisation that promotes human rights in your areas to discuss the United Nations
Declaration of Human Rights (UDHR) and the supervisory mechanisms. With your
class, write a report.

Treaty Based Human Rights Instruments

Having looked at the Charter-Based instrument (the UDHR) let us now turn to the
Treaty-Based instruments. These are also called Covenants or Conventions. Whether
the instrument is called a treaty, or a covenant or a convention it does not matter since
they all mean the same. The most important thing to remember is that a treaty-based
instrument is legally binding to the state that is a party to it. This means that the state
party is bound to not only translate the provisions into domestic laws but also to
implement the provisions of the treaty.

These treaties are legally binding on the states that are party to them. Being a party to
a treaty means that a country has either ratified or acceded to the treaty. To ‘ratify’ is
when a state agrees to be bound by a treaty that it has already signed. It does this by
writing a memo called ‘instrument of ratification’ and depositing it with the United

38
Nations Secretary General. Remember that to ratify a treaty the state must have first
signed to it. To ‘accede’ to a treaty is when a state agrees to be bound by the treaty
without first having signed it. To accede to a treaty the state deposits an instrument of
accession with the Secretary General of the United Nations. Accession has the same
legal effects as ratification except that it comes after a state party has signed a treaty.
When a State signs a treaty, it is an indication that it intends to take steps to be bound
by the treaty at a later date.

However, although a treaty is legally binding, states effect the treaties depending on
the type of legal systems they follow. International law classifies countries (States)
into monists and dualists.

Monist countries are countries that regard domestic law and international law as one
and the same. They give emphasis to international law. This means that when such a
country ratifies or accedes to a covenant the articles contained in such a covenant
automatically become part of the law of the country and are justiceable. When a Right
is justiceable, it means the government can be sued in a court of law if it is not
providing the right to its citizens. For example, Netherlands, Namibia and most
Francophone countries.

Dualist countries are such countries where international law is not directly applicable
in domestic law and can only be made part of domestic law by an Act of Parliament.
For example, this is what happens in most Commonwealth countries, including
Zambia. In the case of Zambia, Parliament should first pass a bill on the provisions of
the treaty before it can become part of the country’s laws.

The International Covenants of 1966

Background

From the UDHR a large number of human rights instruments started. Together these
make up the International Law of Human Rights. As already stated, the UDHR is
not a treaty; therefore, it is not legally binding at international law. This means that a
country is not obliged by law to apply the UDHR in its domestic laws. The
declaration is just a resolution, a determination by United Nations members to carry
out the articles contained in it.

Because the UDHR is not legally binding, it was decided to translate parts of it into
treaties which would be legally binding. These treaties elaborate on and expand on the
declaration. The original idea was to draw up one treaty that would elaborate on and
make the rights and freedoms proclaimed in the UDHR legally binding in countries
that would be party to it. However, the General Assembly of the United Nations
decided to frame two treaties, one on civil and political rights and the other on
economic, social and cultural rights for a number of reasons.

 The two sets of rights are different as most of the civil and political rights can
be enforced immediately because they require the government not to
interfere with the rights and freedoms of an individual. Civil and political
rights cost less than economic, social and cultural rights which need a huge

39
 outlay of resources and are therefore dependent on a country’s economic
ability to implement.

 Civil and political rights are justiceable in Zambia, which means that they are
enforceable in courts of law whereas economic, social and cultural rights are
not. For example, if someone’s liberty is taken away, the victim can sue for
wrongful imprisonment but if one has no job, the victim cannot sue the
government for not providing a job.

 Whereas civil and political rights basically compel the government not to
interfere with someone’s freedom, economic, social and cultural rights
necessitate the government to take concrete and progressive action to enable
individuals to achieve the full realization of the rights.

 The Communist countries led by the former United Soviet Socialist Republic
but commonly called Russia considered economic, social and cultural rights
more important than the civil and political rights whereas the capitalist
countries led by United States of America considered civil and political rights
more important than economic, social and cultural rights.

For the reasons given above, two covenants were drafted and adopted. In adopting the
two covenants, it was decided that many articles as much as possible be similar. The
table below outlines these similarities:

International Covenant on Civil and International Covenant on Economic,

Political Rights (ICCPR) Social and Cultural Rights (ICESCR)
Preamble: (last paragraph) Realising that Preamble: (last paragraph) Realising that
the individual, having duties to other the individual, having duties to other
individuals and to the community to individuals and to the community to
which he belongs, is under a which he belongs, is under a
responsibility to strive for the promotion responsibility to strive for the promotion
and observance of the rights recognized and observance of the rights recognized
in the present in the present
Part 1 Article 1: All peoples have the Part 1 Article 1: All peoples have the
right of self determination; to freely right of self determination; to freely
determine their political status and freely determine their political status and freely
pursue their economic, social and cultural pursue their economic, social and cultural
developments developments
Part 1 Article 3: In no case may a people Part 1 Article 3: In no case may a people
be deprived of its own means of be deprived of its own means of
subsistence subsistence
Part II Article 5: 1. Nothing in the Part II Article 5: 1. Nothing in the
present Covenant may be interpreted as present Covenant may be interpreted as
implying for any State, group or person implying for any State, group or person
any right to engage in any activity or to any right to engage in any activity or to
perform any act aimed at the destruction perform any act aimed at the destruction
of any of the rights or freedoms of any of the rights or freedoms
recognized herein, or at their limitation to recognized herein, or at their limitation to
a greater extent than is provided for in the a greater extent than is provided for in the
present Covenant present Covenant

40
2. No restriction upon or derogation from 2. No restriction upon or derogation from
any of the fundamental human rights any of the fundamental human rights
recognized or existing in any country in recognized or existing in any country in
virtue of law, conventions, regulations or virtue of law, conventions, regulations or
customs shall be admitted on the pretext customs shall be admitted on the pretext
that the present Covenant does not that the present Covenant does not
recognize such rights or that it recognizes recognize such rights or that it recognizes
them to a lesser extent them to a lesser extent
Articles 46 to 53 Articles 24 to 31
Article 22: The right to join and form Article 8: The right to join and form
trade unions trade unions
Article 23: Right to the protection of the Article 10: Right to the protection of the
family family

Convention or Treaty - Based Monitoring Mechanisms

Treaty-Based monitoring mechanisms like Charter-Based are ways in which the

United Nations monitors the implementation of the provisions contained in the
treaties. These monitoring mechanisms were established by treaties. Each
international instrument has a committee that supervises implementation. The United
Nations system currently has seven treaty committees:

- The Human Rights Committee which monitors the implementation of the

International Covenant on Civil and Political Rights, created in 1969
- The Committee on Economic, Social and Cultural Rights (ICESCR), created
in 1987
- The Committee against Torture (CAT), created in 1987
- The Committee on the Elimination of Discrimination Against Women
(CEDAW), created in 1982
- The Committee on the Rights of the Child (CRC), created in 1990
- The Committee on Elimination of Racial Discrimination (ICERD), created
in1969
- The Committee on Migrant Workers (CMW), created in 2004

41
Below is a diagram showing the UN Human Rights Treaty
System

SCP = Sub-Committee on Prevention

*OPCAT not in force at time of print.
Diagram taken from United Nations Human Rights Treaty System Fact Sheet No 30
produced by the Office of the United Nations High Commissioner for Human Rights

Other treaty – based supervisory mechanisms are:

 State Party Reports, in which each state belonging to a treaty is required

to submit to the committee that supervises the treaty, at certain periodic
times. The reports outline measures taken by the country to effect the
rights recognized or guaranteed in the particular treaty. These periods
range from 3 to 5 years. The State reports are meant to:

- review implementation.
- monitor implementation.
- provide basis for policy formulation.

42
 - give the public an opportunity to examine the country’s
implementation of the treaty.
- evaluate the country’s implementation of the treaty.
- acknowledge problems the country is facing in implementation of the
treaty.
- act as an information exchange of the State Party’s implementation
of the instrument.

 Inter-State Complaints Procedure allows a State party to complain when

another State party has violated or is not fulfilling its obligations under a
particular treaty. Both the complaining State and the State complained
against must be parties to the treaty concerned and both should have
agreed that the Committee in charge of the implementation of the treaty is
acceptable to them to receive and consider such complaints.

 Individual Petitions Procedure permits individuals to bring complaints

to the Committee on violations of human rights. However, the individual
must exhaust local or domestic remedies available in the State concerned.
To remedy is to correct a situation. The complaint must not be anonymous,
rude and must be about violations of rights contained in the particular
Convention.

 Inquiry Procedure is instituted by the supervising Committee upon

receiving reliable information alleging serious violations of rights. The
Committee may even visit the country suspected of such violations.
However, a State may choose not to accept the inquiry procedure by
making a declaration at the time of ratification or accession that it does not
recognize the competence of the Committee to take action against it.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

1966

The Preamble gives an outline for the explanation of the rights in the Covenant. It
talks about what is contained in the UDHR and says the rights in the covenant are
based on the inherent dignity of the human person. The preamble also emphasizes the
indivisibility and interdependence of all human rights by stating that, ‘ the ideal of
free human beings enjoying freedom from fear and want can only be achieved if
conditions are created in which everyone may enjoy his economic, social and cultural
rights, as well as his civil and political rights.’

Summary of the provisions in the ICECSR

This Covenant protects the following rights:

 Right to work.
 Right to just and favourable conditions of work, including fair wages, equal
pay for equal work and holidays with pay.
 Right to form and join trade unions, including the right to strike.
 Right to social security.
 Protection of the family, including special assistance for mothers and
children.

43
 Right to an adequate standard of living, including adequate food, clothing and
housing and continuous improvement of living conditions.
 Right to the highest attainable standard of physical and mental health.
 Right to education, primary education being compulsory and free for all, and
secondary and higher education generally accessible to all.
 Permits the progressive implementation of article 13, the Right to Education.
 Right to participate in cultural life and enjoy the benefits of scientific
progress.

Supervisory Mechanism

There are at least two mechanisms used.

 Committee on Economic, Social and Cultural Rights
 State Party Reporting

The International Covenant on Civil and Political Rights (ICCPR) 1966

The Preamble is the same as the one in the ICECSR. The treaty expands on the
civil and political rights set out in the Universal Declaration of Human Rights,
with the exception of the right to property and the right to asylum.

Summary of the provisions in the ICCPR

The Covenant sets out the following rights:
 Right to life
 Freedom from torture and inhuman treatment
 Freedom from slavery and forced labour
 Right to liberty and security
 Right of detained persons to be treated with humanity
 Freedom from imprisonment for debt
 Freedom of movement and choice of residence
 Freedom of aliens from arbitrary expulsion
 Right to a fair trial
 Protection against retroactivity of the criminal law
 Right to recognition as a person before the law
 Right to privacy
 Freedom of thought/conscience and religion
 Freedom of opinion and of expression
 Prohibition of propaganda for war and of incitement to national, racial or
religious hatred
 Right to assembly
 Freedom of association
 Right to marry and find a family
 Rights of the child
 Political rights
 Equality before the law
 Rights of minorities

44
The Optional Protocols to the International Covenant on Civil and Political
Rights

Optional means something that is not forced but which is voluntary. For example, in
school, you have compulsory subjects and optional subjects. The compulsory subjects
are taken by everyone at school, whether one likes the subject or not; but with
optional subjects, one is given a choice. Protocol on the other hand is a manner in
which something is conducted, which is an accepted way of doing something.
However, under international law, an optional protocol is a provision attached to an
international instrument which is meant to offer more protection of the rights in the
treaty. The ICCPR has two Optional Protocols related to it:

The First Optional Protocol provides for an individual to complain on human rights
violations contained in the ICCPR to the United Nations Human Rights Committee.
When a country accepts this optional protocol, it means that it has agreed to allow
individuals to complain to the Human Rights Committee provided they exhaust all
channels of complaints, usually through the court systems, in their own country unless
the means of seeking redress in one’s own country is unnecessarily long. The
Committee will not look at complaints that do not bear the name of the complainant
or that are being examined by another international procedure. The First Optional
Protocol was adopted at the same time as the ICCPR and the ICECSR in 1966 and
came into force in 1976. Zambia is a State party to the First Optional Protocol.

The Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty, was adopted by the General
Assembly by its resolution 44/128 of 15 December, 1989. It was adopted in 1989 and
came into force in 1990. This protocol was aimed at the abolition of the death penalty
in countries that ratify it. The protocol works in the belief that Article 6 of the ICCPR,
which protects the right to life, translates into the abolition of the death penalty. Under
its article 1, no one within the jurisdiction of a State party to the Protocol may be
executed. No exceptions are allowed for the abolition of the death penalty except in
time of war after a conviction for a most serious crime of a military nature committed
during war time. Zambia is not a State party to the Second Optional Protocol and that
is why it still has the death penalty as a criminal punishment.

Supervisory Mechanisms

We have in place the following mechanisms:

 The Human Rights Committee monitors the implementation of the
International Covenant on Civil and Political Rights
 Inter-State Complaints Procedure
 Individual Complaints Procedure under the First Optional Protocol
 State Party Reporting

45
Word Search

P D E C L A R A T I O N A P
R X M A G R E P O R T T P R
O E V B R A C H A R T E R I
C U S T O M O E R E H N O N
L D R Y W E M L A C E R T C
A W S H R A M O T O N E O I
M C G U I D E L I N E S C P
A O W Z G R N P F V V O O L
T V A F H Y D A I E I L L E
I E C R T N A R C N O U T S
O N C A T O T T A T L T R T
N A O T G N I Y T I A I E R
S N R E H H O R I O T O A O
T T D R V Y N I O N E N T N
A C C E S S I O N E N S Y G

(b) Copy the Word Search box into your books. Work in groups to find the
answers to each of the questions below and then find the correct word in the word
search and circle, highlight or lightly shade it.

1. An agreement by states to be legally bound by particular rules.

2. Agreement to be bound by a State that was not party to the drafting of the
instrument and that has not previously signed the instrument.
3. General and consistent practice followed by States arising from a sense of
legal obligation.
4. A serious expression of opinion or intent which is not legally binding
5. A binding treaty or agreement.
6. Once a country has become party to a treaty, it must write these for the
relevant United Nations Committees periodically.
7. Another name for covenant.
8. Confirming an agreement by signing it.
9. A State that signs to abide by a treaty is called a …………….. to it.
10. A written or printed document declaring intentions.
11. A provision in a treaty meant to pay attention to a particular problem.
12. An entitlement.
13. Be in agreement with.
14. Underlying values in an agreement.
15. Another name for declaration.
16. Infringe on someone’s entitlement.
17. Another name for procedures.
18. Another name for suggestions.
19. A name given to a decision made by the General Assembly of the United
Nations.

46
Activity 2
(a) Carry out a debate on the following motion:
Zambia should abolish the death penalty.

Exercise 2
(a). The table below focuses on four UDHR Articles. Read what follows in each
column and answer the questions that follow.

Article 6 Article 13 Article 15 Article 16

Life Expression Association Privacy

You have the right to You have the right to You have the right You have the right
life say what you think, to meet friends to a private life.
unless it violates the and belong to a
rights of others. group or club.

Has anyone ever

List some of the stopped you from Which groups do
Have you ever
things you like about saying what you you belong to? If
kept a diary or
being alive! What think? Why do you you could start a
do you know of
are your ambitions think this was? new club, what
any friends or
for the future? sort would it be?
relatives who
have? How do
…………………….. ................................ ………………….. you think, you or
…………………….. ……………………. …………………. they would feel if
…………………….. ……………………. …………………. someone tried to
……………………… …………………….. ………………….. read it?
……………………… ……………………. ………………….. ………………….
…………………..

Specialised International Human Rights Treaties

Apart from the Universal Declaration of Human Rights (UDHR), The International
Covenant on Civil and Political Rights (ICCPR) with its First Optional Protocol (1 O.
P) and its Second Optional Protocol (2 O. P), the International Covenant on
Economic, Social and Cultural Rights (ICESCR), which together make up what is
known as the International Bill of Rights, there are other specialized human rights
treaties. They are referred to as specialized because they focus on a particular human
rights issue or a particular group of people. Among these specialized human rights
instruments are:

47
1. The International Convention on the Elimination of all forms of Racial
Discrimination (ICERD)

Background

This Convention was adopted in 1965 by the United Nations General Assembly. It
came into force in 1969. It was drafted to draw attention to racial discrimination that
was still rampant in the world. America was still a very much segregated society
even after its 1964 Civil and Political Rights Act. In South Africa there was
Apartheid which was a principle defined as, ‘separate development,’ but which was
in effect segregation based on race. The rest of Africa was under colonial rule and
the Africans were segregated against in all spheres of life in their own countries.

Principle Definition
The Convention defines ‘racial discrimination’ as, ‘….. any distinction, exclusion,
restriction or performance based on race, colour, descent or national or ethnic
origin which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or any other field of public life.’

A part of the Convention allows for specific distinction between citizens of a

country and non citizens. That is why citizens of all countries enjoy certain rights
that foreigners cannot. For example, the right to vote is not extended to non citizens
of a country.

Another part of the Convention allows the State to take special measures for the
purpose of facilitating the progress of certain racial or ethnic groups or individuals
requiring such protection so as there is equal enjoyment of the rights and freedoms
guaranteed in the Convention. For example, Affirmative Action in South Africa, is
meant to bridge the gap between whites and blacks in economic benefits of the
country. Additionally, the lower cut-off-points of girls to qualify to a higher grade in
the Zambian school system is meant to bridge the gap in educational opportunities
between boys and girls. However, states should be careful not to bring about
separate rights for different racial groups or individuals. Once what it wanted to
achieve has been achieved, it should discontinue. Zambia became a party in 1972.

Summary of Provisions

A summary of what State Parties are expected to do under this Convention - To:
 condemn racial discrimination, segregation and apartheid.
 prohibit the practice of racial discrimination by individuals or organizations.
 condemn all propaganda and all organizations based on ideas or theories of
superiority of one race or group of persons of one colour or ethnic origin and
to declare such an offence punishable by law.
 prohibit and eliminate racial discrimination and to promote equal treatment
in the enjoyment of civil and political rights as well as economic, social and
cultural rights.
 assure to everyone within the jurisdiction effective protection and remedies.

48
  undertake immediate and effective measures in education, culture and
information, with a view to combating prejudices which lead to
racial discrimination.

Supervisory Mechanisms

The following is what is used:

 The Committee on the Elimination of Racial Discrimination monitors this
treaty
 Inter-State Complaints Procedure
 Individuals Petitions Procedure
 State Party Reports

2. The Convention on the Elimination of all forms of Discrimination

Against Women (CEDAW)

Background

Although the principle of non 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, especially in the socio-economic field. Women are
generally denied a fair playing field in the society. The United Nations, therefore,
recognized the need for human rights instrument that directly addresses women’s
issues, protects and promotes their socio-economic as well as their civil and political
rights.

First, in 1967, there was a declaration on the Elimination of all forms of

Discrimination against Women. When the declaration did not effectively address the
problem of female discrimination in the world, the legally binding Convention on the
Elimination of forms of Discrimination against Women was adopted in 1979. It is
often described as the international bill of rights for women.

Principle Definition

Article 1 defines discrimination against women as, ‘….any distinction, exclusion or

restriction made on the basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women, irrespective of their
marital status on the basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other
field.

In short, a States Party is obliged to afford equal treatment to women and men. In this
regard, States Parties undertake, among other things:
 To embody the principle of equality of men and women in their domestic
legislation.
 To establish legal protection of the rights of women on an equal basis with men.
 To eliminate all discrimination against women.
 To modify or abolish existing national legislation and practices which constitute
discrimination against women.

49
  To eliminate discrimination in the enjoyment of civil and political rights as well
as economic, social and cultural rights, so that women are ensured equal rights
with men.
 To accord women equality with men before the law, including affording women
a legal capacity identical to that of men.
 To eliminate discrimination against women in all matters relating to marriage
and property.

The CEDAW has an Optional Protocol which allows the United Nations Committee
on the Elimination of Discrimination Against Women to receive and hear cases of
violations of women’s rights.

The Optional Protocol requires that the complaint, which is called a ‘communication’
in international law, be in writing, bearing the name or names of the complainant and
has exhausted all avenues of redress in one’s country, unless such avenues have been
unnecessarily examined and that the particular complaint is not being examined by
another Committee. The Committee will refuse to hear cases that are not in line with
the provisions of the Convention.

Supervisory Mechanisms

The following mechanisms are used:

 The Committee on the Elimination of Discrimination Against Women
monitors this treaty.
 Individual Complaints Procedure under its Optional Protocol.
 Inquiry Procedure.
 State Party Reports.

3. The Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT)

Background

Despite the fact that torture, cruelty, inhuman or degrading treatment or punishment
were already categorically forbidden in both the Universal Declaration of Human
Rights and regional instruments, there was a general view that a special instrument to
forbid absolutely without reservations torture and inhuman or degrading treatment or
punishment was needed because the earlier instruments had not completely stopped
human rights violations.

This Convention, popularly known as CAT came into being on 10th December, 1984.
Zambia signed it in 1998.

Principle Definition

Article 1 of the Convention defines torture as, ‘ ….any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or confession,
punishing him for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any reason based

50
on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person
acting in an official capacity.’

In legal terms, and as defined above, torture may only be carried out by the state and
in various institutions. Cruelty exercised by non-state individuals or institutions
against other human beings is legally not regarded as torture but physical abuse
exercised.

Summary of Provisions

A summary of the Convention compels States parties to:

 prohibit torture.
 not to ‘refouler’. This means to send back a person to a country where he or
she is likely to undergo torture. This is especially in relation to refugees
running away from persecution.
 punish torturers.
 educate citizens on the evil of torture.
 rehabilitate victims of torture through counselling.
 control the system of interrogation and detention.
 report to the Committee.

Supervisory Mechanisms
 Committee Against Torture supervises this treaty.
 Inter-State Complaints Procedure.
 Individual Complaints Procedure.
 Inquiry Procedure.
 State Party Reports.

Exercise 3

(a) Read the UDHR article on torture and answer the questions that follow:

Article5: No one shall be subjected to torture or cruel and inhuman or degrading

treatment or punishment

1. What constitutes torture?

2. In which institutions is torture practised?
3. Why is it practised and who are torturers?
4. Can torture be justified?
5. What can be done to stop torture?
6. What is meant by cruel, inhuman or degrading treatment of prisoners?

(b) Negative Rights describe those rights that require the government not to
interfere with an individual from enjoying rights and freedoms. For example, the
government should not stop someone from the right to assemble or the right to join a
political party of one’s choice. Negative rights are the right not to be discriminated
against or the right not to be subjected to arbitrary arrest.

51
Positive rights are rights that describe a right which requires the government to take
action in order to fulfill and to make the individual realize the rights. For example, the
right to education and the right to health.

Examine the provisions contained in the international instruments discussed in the last
section. Draw the table below in your exercise books and complete it.

Example:

TYPE OF ICCPR ICESCR CEDAW CRC ICERD CAT

RIGHT
Negative 1. 1. 1. 1. 1. 1.
Rights 2. 2. 2. 2. 2. 2.
3. 3. 3. 3. 3 3.
4. 4. 4. 4. 4. 4.
5. 5. 5. 5. 5. 5.
Positive 1. 1. 1. 1. 1. 1.
Rights 2. 2. 2. 2. 2. 2.
3. 3. 3. 3. 3. 3.
4. 4. 4. 4. 4. 4.
5. 5. 5. 5. 5. 5.

Which instrument?

(c). Match each provision A-J with the human rights instrument 1-10.

A B C D E F G H I J

Provision

A. Combating prejudices through education.

B. Eliminating discrimination against women in all matters relating to marriage and
property.
C. Controlling interrogation and detention.
D. Condemning and prohibit discrimination based on race.
E. Educating people on evils of torture.
F. Equality of men and women.
G. Promoting equal treatment of all in the enjoyment of civil and political rights.
H. According both sexes equality before the law.
I. Forbidding all forms of degrading treatment.
J. Promoting the amendment of domestic laws that discriminate against females.

Instrument

1. CEDAW
2. CAT
3. ICERD
4. CAT
5. ICERD

52
6. CEDAW
7. CEDAW
8. CAT
9. ICERD
10. CEDAW

Activity 3

Visit any nearest police station or prison and find out whether inmates are tortured or
not. Share your findings with the class.

The Convention on the Rights of the Child was opened for signature on 20th
November, 1989. Zambia signed it in 1991. The United Nations Convention on the
Rights of the Child will be discussed in more detail in Grade 12.

4. The International Convention on the Protection of the Rights of All

Migrant Workers and Members of their Families (CMW) 1990

Background

In December, 1990, the General Assembly adopted the International Convention on

the Protection of the Rights of All Migrant Workers and Members of their Families,
CMW in short. States which ratify or accede to the Convention undertake to ensure
that migrant workers whose rights have been violated may seek judicial remedy.

Migration from one’s country of origin to go and work in another country is not a new
concept. Women and men have been leaving their homelands in search of work
elsewhere ever since payment in return for labour was introduced. The difference
today is that there are far more migrant workers than in any period of human history.
Millions of people now earning their living or looking for paid employments came as
strangers to the states where they live. There is no continent, no region of the world,
which does not have its groups of migrant workers. Poverty and the inability to earn
enough or produce enough to support oneself or a family are major reasons for the
movement of work-seekers from one country to another.

Other reasons why people go abroad in search of work are wars, civil conflicts,
insecurity or persecution due to discrimination on the grounds of race, ethnic origin,
colour, religion, language or political opinion.

The main reason for coming up with the International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families is that persons who
qualify as migrant workers under its provisions are entitled to enjoy their human
rights regardless of their legal status.

The Convention borrows from the relevant international labour standards, as well as:

 The Slavery Conventions.

 UNESCO's Convention against Discrimination in Education.

53
  The International Convention on the Elimination of All Forms of Racial
Discrimination.
 The International Covenant on Civil and Political Rights.
 The International Covenant on Economic, Social and Cultural Rights.
 The Code of Conduct for Law Enforcement Officials; the Convention on the
Elimination of All Forms of Discrimination Against Women.
 The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
 The Convention on the Rights of the Child
 The Declaration of the Fourth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders.

The Convention defines those rights which apply to certain categories of migrant
workers and their families, including:

"frontier workers", who live in a neighbouring country to which they return daily or
at least once a week.

 seasonal workers who get work in foreign countries during specific seasons
such as the harvesting season or the planting season;
 seafarers employed on water vessels registered in a country other than their
own;
 workers on offshore installations which are under the authority of a country
other than their own;
 itinerant workers who move from place to place in search of work;
 migrants employed for a specific project, for example, construction of roads
or dams or industrial plants;
 self-employed workers.

Principle Definition

The Convention is applied, to all migrant workers and members of their families
without distinction of any kind such as sex, race, colour, language, religion or
conviction, political or other opinion, national, ethnic or social origin, nationality,
age, economic position, property, marital status, birth or other status. The
Convention applies during the entire migration process of migrant workers and
members of their families, which comprises preparation for migration, departure,
transit and the entire period of stay and payments in the state of employment as well
as return to the state of origin or the state of habitual residence.

The Convention prohibits discrimination in the enjoyment of the rights contained in it.
It provides for the rights of all migrant workers irrespective of their migration status
and additional rights are provided for properly documented migrant workers and their
families. Most of the provisions require the host country to take measures to protect
the rights of the migrant worker and his or her family. However, some provisions
require the country of origin to take measures to protect the migrant worker and his or
her family.

54
Summary of Provisions
Below is a summary of some of the major provisions in the Convention:
- Non discrimination of migrant workers and their families without distinction of
any kind such as sex, race, colour, language, religion or conviction, political or
other opinion, national, ethnic or social origin, nationality, age, economic
position, property, marital status, birth or other status.
- Migrant workers and members of their families shall be free to leave any state,
including their state of origin.
- Migrant workers and members of their families shall have the right at any time
to enter and remain in their state of origin.
- The right to life of migrant workers and members of their families shall be
protected by law.
- No migrant worker or member of his or her family shall be subjected to torture
or cruelty, inhuman or degrading treatment or punishment.
- No migrant worker or member of his or her family shall be held in slavery or
servitude.
- No migrant worker or member of his or her family shall be required to perform
forced or compulsory labour.
- Migrant workers and members of their families shall have the right to freedom
of thought, conscience and religion.
- Migrant workers and members of their families shall have the right to hold
opinions without interference.
- No migrant worker or member of his or her family shall be subjected to arbitrary
or unlawful interference with his or her privacy.

Supervisory Mechanisms

These include:
 The Committee on Migrant Workers
 Individual Complaints Mechanism
 Inter State Complaints Mechanism
 State Party Reports

Exercise 4
Complete the following statements in your exercise books:
1. A migrant is one who ………………………………..………………………..
2. The host country is one which …………………………..…………………….
3. Reasons for migration are ……………, ……………, ……………, ………….
and …………………..
4. An Inter State Complaints Mechanism means …………………………………
5. An individual Complaints Mechanism means that …………………………….
6. The Committee on Migrant Workers supervises the …………………………..
7. An optional protocol is one that ……………………………………………….
8. UNESCO has made sure that the Right to …………………………. of migrant
workers’ children are protected under the Convention ………………………..
………………. Families.
9. Nine other international instruments that the CMW borrows from are 1 …….,
2. ………….….., 3. ……….…..….., 4. ……………., 5. …………………, 6.
……………….…, 7. ……….………., 8. ………..……….., 9. ………………
10. A documented migrant is one who …………………………………………

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Ideas for Action Projects
1. Design a set of posters on basic rights and responsibilities for displaying
around the school.
2. Take your class ranking of rights and survey other learners for their choices
and ranking. Display your results.
3. Celebrate the Day of the African Child, 16th June.
4. Invite a speaker from a Human Rights group to visit the class
5. Develop your own family’s Charter –Based and Treaty-Based Human Rights
Instruments remembering and stating the difference between the two.
5. Undertake a survey in your community on the extent of Zambians migrating to
other countries.
6. Write a speech for the people celebrating the International Human Rights Day,
10th December.

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 CHAPTER 4
INTRODUCTION TO THE ZAMBIAN LEGAL SYSTEM

Specific Learning Outcomes:

 Define legal education

 Outline elements of a good legal system
 Explain sources of law in Zambia
 Define criminal and civil cases
 Describe the functions of legal institutions and organisations that promote
justice
 Discuss the rights of a suspect and a convicted person
 Explain the procedures in criminal and civil justice process
 Define capital punishment
 Discuss cases that constitute capital punishment
 Discuss arguments for and against capital punishment

The 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. From the time that human beings are born, their lives, safety, health and
peace are controlled by law.

For a rule to be recognized as law, there should be a way of compelling people to

obey it. This is done by imposing penalties or punishment to law breakers and
rewards to the wronged persons. Rules which make up laws, the institutions that
administer the Laws, the principles, ideas, theories, practices, procedures and
techniques that develop over the years in dealing with the law make up a legal system.
In Zambia, the Legislature, the Executive, (such as police service and prisons) courts
and people who work in the legal profession make up the institutions. The sources
where the laws are taken from make up the principles and ideas. The process of
dealing with offences and offenders are the procedures and techniques. These make
up the Zambian legal system. There are as many legal systems as there are societies.
For example, there is the Zimbabwean Legal System, the South African Legal System
and the English Legal System, which is also known as the Common Law Legal
System.

Elements of a Good Legal System

A good legal system is one that serves members of its society fairly without violating
their rights. There are six core elements that should be present in a good legal system.
A good legal system has to be:

57
  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.

 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 new laws as wrongful acts take
place.

 Certain
Citizens ought to know clearly what is prohibited by law. A law should not be
so 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.

 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 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
people.

 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. If it does not, then it is
rejecting change. A good law should not reject change.

 Moral Values
The law should be based on the moral values of society. If laws do not reflect
society’s core values, citizens are unlikely to respect and uphold it.

Activity 1

A. Test your understanding.

Study the box framework of words that you have come across so far in the
chapter. The words and meanings are jumbled. Match each word with its
correct meaning. Draw a box framework in your exercise book and complete
it.

Word Meaning
Judge Guiding rule for behaviour
Society Starting point from which something

58
 comes
Lawyer A person who is trained to hear the cases
of people who are accused of having
broken the law
The Law Order of doing things especially in legal
matters
Procedures Long established custom or organisation
Legal System People living together in organised
communities
Sources A person who is trained to defend or
prosecute people who have broken the
law
Principles A plan of how to manage all areas
dealing with the law
Idea A set of rules which regulates and guides
our public and private lives
Technique Concept, scheme, design, purpose or way
of thinking
Mete Administer punishment to wrong doers

B. Match Strip: Elements of a good legal system

Match each number in column X with the letter that has a corresponding
meaning in column Y

X 1 2 3 4 5 6
y

1. Certain A. Adaptable
2. Accessible B. Uncomplicated
3. Simple C. Definite
4. Flexible D. Inclusive
5. Moral values E. Obtainable
6. Comprehensive F. Ethical

C. Meaning of elements of a good legal system

Explain, in your own words, what you understand by these terms in relation to
law:

1. Certain
2. Accessible
3. Simple
4. Flexible
5. Moral values
6. Comprehensive

Sources of Law in Zambia

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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 and relies on
the English Law and African Customary 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 to make laws are vested in parliament.
There are three types of laws made by legislation.

- 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, which means invalid. For
example, customary law allows girls who have reached puberty to get
married even if they are below the age of 18. The 1996 Zambian
Constitution states that any person below the age of 16 is a child and is
not old enough to get married. Therefore, if a girl who is below 16
years of age gets married even with the consent of her parents, the man
who has married her will have committed a criminal offence of
defilement and her parents will be charged with accessory to the crime.

- Acts of Parliament
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
gazetted 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.

- Delegated or 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 a law that abolishes the wearing of uniforms in schools.

 Case Law
This is the second largest source of law in Zambia. It is also known as Law
Reports or Judicial Precedent. 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 High Court and the Industrial
Relations Court. 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 appellant 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 imaginary case below illustrates this point:

Phiri Chishishi sues his company for compensation when a machine cuts off three
of his left hand fingers while on duty. The magistrate, when researching in the
Zambia Law Reports, sees a similar case, previously handled by the Supreme
Court, in which Misozi Lubasi had sued her company when two of her fingers had
been chopped off by blades of a lawnmower when she was on duty. The Supreme
Court judge, when ruling in her case, had dismissed her claims for compensation
against her employers because she had ascertained that handling a lawnmower
was not part of Misozi’s job description and that her office was located on the 5th
floor far away from the gardens where she met her accident. Therefore, the judge
concluded that she was not entitled to compensation as she was on a frolic of her
own because the injury did not occur in the process of her performing her job. The
magistrate in deciding Chishishi’s case establishes that similarly, Chishishi had no
business touching the machine that cut off his fingers as it is not even located in
his department. The magistrate uses the reasoning of the law applied in Lubasi’s
case and dismisses Chishishi’s claim.

Case Laws are important because they:

- save time as there is no need for a whole new research.

- show respect to the judges who made the previous decisions.
- 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 murder
case should apply regardless of who committed the offence.

61
  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 them, meaning-
includes them in the Zambian Statutes.

 Customary Law
Customary Law is derived from custom, which is the practice of doing
things in society. These practices differ from the ones in Statutory
Instruments 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 use from prehistoric times, as their law. However, 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 binding on them. Most Zambians are
governed by customary law in their personal affairs. The local courts
which administer customary law are located all over the country and they
are the ones commonly used by the less privileged and the vulnerable in
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
presided over by traditional rulers.

Customary law uses advisors who are called assessors to give advice on
particular matters. These assessors are not extra Justices 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 suitable character
and 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.

Activity 2

Which Source of Law?

Read each situation and in groups decide which source of law can be used in
determining each case:

1. Musonda earns a living by selling ice blocks, which he makes in his home. He
sells the ice blocks outside Masansa Basic School. One day, Chalwe Chabuka, a
Grade 8 pupil at the school, bought an ice block from Musonda and while
sucking it, felt a prick in his mouth. Upon examining the ice block, he found a
sewing needle frozen in the ice block. The judge ruled that Musonda should
compensate Chabuka as he (Musonda) had a duty to care for his customers. The

62
 judge based this on the celebrated case of Donoghue versus Stevenson (versus
means against) that was handled in an English court in 1932.

Source____________________________________________________

2. Banda owns a manufacturing company in which he employed 3000 people.

Recently he was brought before the court because his company has not been
paying income tax to the government.

Source __________________________________________________

3. Inonge is in a legal battle with her husband. She and her husband were granted
divorce in the local court. However, she was not satisfied with the divorce
settlement. She appealed to the magistrate court who awarded her a better
settlement than earlier granted. He based his judgement on the case of Mwiya
versus Mwenya that took place in 1977 and reported in the Zambia Law
Reports.

Source _________________________________________________

4. The Ndola City Council has banned the growing of sugar cane and maize in
people’s backyard gardens as a way of combating the breeding of mosquitoes.

Source ___________________________________________________

5. Max Shishita’s wife died. After the funeral, his late wife’s relatives informed
him that they would take away his children because he did not settle marriage
payment for his deceased wife. According to their tradition, when this happens,
the children belong to the wife and her relatives.

Source___________________________________________________

Criminal Cases

Criminal cases are those cases that deal with crime. A simple definition of a crime is
any wrongful act or omission in society, which the particular society thinks affects the
interest of all its members. If the wrongdoing does not affect the safety, security and
well being of the whole community, then it is not a crime. For example, failure to
repay a debt is not a crime as it affects only two or a few people. A broken promise is
not a crime as it only affects the people involved. A wrongful act could be a crime in
one country but not a crime in another country. For instance, kissing in public,
drinking alcohol and adultery are crimes in some Muslim countries but these are not
crimes in Zambia.

 Elements of a Crime

Every crime has two elements:

- The wrongful act or omission, which creates the offence such as rape,
murder, burglary or defilement, has an element of a physical act taking
place. The person committing the crime performs an action. In a theft,

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 there is the taking away of something and keeping it. In a murder, there is
the action of killing. This element in Latin is known as actus reus,
meaning, physical act.

- The intention or desire to cause harm, loss or injury is 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 means a guilty mind or malice
aforethought.

 Classification of a Crime

Broadly, crimes are classified into:

- Crimes of Specific Intent

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
permission or knowledge and then keeping it is a deliberate act.

- Crimes of Basic Intent

These are crimes committed through recklessness or on a sudden
impulse such as driving past a red traffic light (robot), not stopping at a
stop sign, exceeding the speed limit or manslaughter.

Specifically, crimes are classified into:

- Misdemeanours
These are petty crimes such as common assault, indecent exposure,
pick-pocketing or littering.

- Felonies
These are serious crimes such as murder, treason, aggravated robbery,
defilement or rape.

- Statutory Crimes
These are crimes that are committed contrary to what is contained in
statutory instruments, such as voting twice in an election, rigging an
election or failing to pay tax.

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, Land Law, Administrative Law and many more.

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Comparison between a Criminal Case and a Civil Case

Criminal Case Civil Case

*Affects whole communities hence *Affects individuals hence it

The People Vs Phiri Rocket it is recorded as: Mwansa Vs Tembo

*Aim is to punish or reform the offender *Aim is to compensate the wronged person

*Case instituted by the Director of Public *Case instituted by the wronged person
Prosecution on behalf of the people

*Serious wrongful act *Less serious wrongful act

* Concerned with the duties that persons owe

to society * Concerned with rights and duties of
individual citizens

*Case ends in sentencing the offender *Case ends in awarding damages to the
wronged

* Case must be proven beyond all reasonable *Balance of probability applies. What is
doubt more probable?

Activity 3

A. Media Watch
1. Draw the chart below in your exercise book.

MEDIA SHEET

Newspaper or Key Words Is the story Which court do What is your

radio Details Which would a Criminal you think will opinion about
1. Name and help you or Civil handle the case? If this case? What
Date of remember the case the type of court is criminal
Newspaper or story mentioned in the elements or
radio broadcast story, why do you care of duty are
2. Article think, that involved?
Headline particular court is
handling it.

65
 2. Track (trace) media (print and or electronic) articles that have to do with legal
matters. Use the stories you read or hear to complete the chart. Fill in as many
columns as you can manage.

3. Once your chart is completed report your findings to the class.

4. Discuss:
 Which sections of the newspapers or radio programmes were most of
the court cases reported?
 What did you learn about the reporting of stories to do with the law?
 What role, if any, do you think the media plays in promoting law and
order in society?

B. Court report

The following are some statements associated with criminal and civil cases.
Explain in your own words and giving examples, what you understand by
them. In your opinion, why are they important?

a. actes reus
b. mens rea
c. misdemeanours
d. felony
e. specific intent
f. basic intent
g. balance of probability
h. beyond all reasonable doubt

Legal Institutions and their Functions

 The Legislature
The Legislature is the branch of government that is charged with the task of
making laws for the nation. The Legislature is Zambia’s highest law-making
body. It makes laws through Members of Parliament who are representatives of
the people in their respective constituencies. It makes statutes, regulations or
rules which the police service, the courts and the Executive wing of government
interpret and enforce. However, a Law passed by Parliament can be declared
null and void by the Supreme Court if it is contrary to what is contained in the
Constitution because the Constitution is the supreme law of the land.

 The Police Service

The Police Service is an important institution of the Zambian Legal System.
The police have the task of maintaining law and order. It is supposed to
preserve life, protect property and maintain public peace. Therefore, the
police’s major occupation is to apprehend and arrest law breakers and
prosecute them. To carry out this task effectively, they have been given wide
powers. The police mostly deal with criminal cases but they also assist with
the enforcement of civil cases such as carrying out legal evictions and seizures
of property when persons do not comply with court judgements. They work
closely with the courts in administering justice in the nation.

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 The Executive
The Executive is a legal institution because the President of the country who
heads it has powers to make laws by virtue of his or her prerogative powers.
These are special rights and privileges given to a President because of the
office she or he holds. Cabinet ministers who are members of the Executive
also make laws through statutory instruments using delegated or subsidiary
legislation powers. The ministers and the civil servants assist in the
enforcement of the laws. For example, the issuing and withdrawing of all
kinds of licences.

 The Court System

The courts are the largest and easily identifiable branch of any legal system.
Courts deal with all areas to do with law in the country. They form the
judiciary, which is part of the legal system. The judiciary works with other
legal institutions such as the police, the prisons, office of the Director of
Public Prosecutions and the legal profession.

There are four levels of courts in Zambia:

- The Local Courts

These were established by an Act of Parliament, the Local Courts Act of
Zambia, Cap 29 of the Laws of Zambia. Currently there are Grade A and Grade
B Local Courts. These grades are established by the Minister of Justice. The
local courts are presided over by the Presiding Justice either sitting alone or with
other justices. These justices are appointed by the Judicial Service Commission.
Local courts hear civil cases that occur in their geographical areas especially
those to do with African customary law. They also deal with limited criminal
cases outlined in the Local Court Act. By 2004, there were 500 local courts in
all the 72 districts of Zambia. They hear about 500,000 cases in a year’s
proceedings. They are the most easily accessed courts in the country because
they are many and are relatively cheap. The procedure in the local court is
informal and because of this, lawyers do not practise in these courts unless they
are acting on their own behalf.

- The Magistrate Courts

These are also known as Subordinate Courts and are found in every district
of Zambia. They were established under the Subordinate Courts Act, Cap 28
of the Laws of Zambia. They are divided into three classes: Class III, Class
II and Class I, in order of seniority. Class I magistrates are further
subdivided into Resident, Senior and Principal magistrates with the principal
magistrates being the most senior. The prosecution and the defence are
required to follow strict rules of procedure. The magistrate courts try both
criminal and civil cases.

- The High Courts

These are located in all the provincial capitals of Zambia. They have original
and unlimited jurisdiction because they can hear any matter such as divorce,
election petitions, human rights applications, treason trials or proceedings of
habeas corpus. The High Court is also known as the court of first instance.

67
 High Courts are appellate courts because they hear cases of appeal from the
subordinate courts. These courts are normally presided over by puisne judges.
The term puisne means junior. These judges are appointed by the President
after recommendation by the Judicial Service Commission. Once appointed,
they can only be removed from office by a tribunal of three fellow judges on
grounds of gross indiscipline, mental or physical ill health or failure to
perform the functions of office for one reason or the other. In the High Court,
most cases involve legal issues, meaning what the law says about the case and
not on issues of facts that are concerned with what happened. Because of the
strictly legal issues dealt with and the complicated procedures involved in a
High Court, it is advisable to be represented by a lawyer. In matters that may
result in the death penalty such as murder or treason, legal aid, in the form of a
lawyer will be provided by the government for persons that are not able to
afford a lawyer of their own. Matters are heard either in chambers, (the
judge’s office) or in an open court. The most preferred is the open court,
which complies with the legal requirement of justice being seen to be done.

- The Industrial Relations Court

These are courts that handle only industrial matters which deal with employer
and employee relations. It is guided by the Employment Law Act Cap 268 of
the Laws of Zambia. In rank, it enjoys the same status as the High Court and
the appeals from it go to the Supreme Court. Lawyers are allowed to represent
their clients in the Industrial Relations Court proceedings.

- The Supreme Court

This is the highest court of appeal in Zambia. It was established by the
Supreme Court Act and the Republican Constitution. It is headed by the Chief
Justice, assisted by nine other judges. The Supreme Court is not a trial court,
unless the case is a presidential elections petition. Other than this, like the
High Court, it hears appeals on questions of law other than questions of fact. It
sits mainly in Lusaka but holds sessions in Kitwe, Ndola and Kabwe. It meets
in Kabwe for convenience to hear appeals of condemned prisoners who are
locked up in Mukobeko Maximum Security Prison, the only maximum prison
in Zambia.

The Zambian Court System

The Supreme Court

Court of Appeal
The
Supreme
Court
Court of
last Resort
The High Court The Industrial
Appellant Court Relations Court
The High Appellant Court The Industrial Relations Court
Court Appellant
Appellant court
Court

Magistrates Courts Magistrate Courts Magistrate CourtsMagistrates Magistrate

Magistrates Courts
Magistrates Magistrates Courts
Subordinate Courts Subordinate Courts Subordinate
Courts Courts Courts Subordinate
CourtsCourts Subordinate
Subordinate Subordinate Subordinate courts
Courts Courts Courts

Local Courts Local Courts Local Courts Local Courts

Local Local Local Local
Customary Law Customary Law Customary Law Customary Law
Courts Courts Courts Courts
68 Customary Customary Customary Customary
Law Law Law Law

ourt of last Resort

  The Legal Profession
This is a body of legal practitioners commonly called lawyers. The Zambian
legal profession is a legacy of the British colonial rule and is, therefore,
derived from the English common law. Lawyers receive training from the
University of Zambia or other universities outside the country. For them to
practise in the Zambian Courts, they have to be admitted to the bar after
passing examinations set by the Zambia Institute of Advanced Legal
Education (ZIALE). Being admitted to the bar means that a person is
recognised and accepted to be competent enough to represent clients in a court
of law.

Exercise 1

A. Institutions and organisations

Complete the sentences below:

1. The legislature’s main job is………………………………………………………

2. A law made by the Legislature may be declared null and void by ……………
if it is contrary to the Zambian Constitution.
3. The Police’s main job is to ……………………………………………….…..…….
4. The Executive is a legal institution because ………………………….……….……
5. Delegated legislation powers are …………………………………………………..
6. The other name for the court system is …………………………..…………………
7. Local courts deal mainly with ………………………………………….…………..
9. The other name for magistrates court is …………………………….…….………..
10. The most senior magistrate is called ……………………………………………….
11. The High Court is referred to as the court of ……… because …………….……….
12. They are also called appellant courts because …………………………..…………
13. The difference between ‘points of law’ and ‘points of facts’ is …………..……….
14. A High Court judge can be removed from office by ……… for …………………
15. Though the Industrial Relations Court deals only with ………… it enjoys the same
status as ……………………..
16. The Supreme Court in Zambia only tries cases of ………………………..…….
17. The Professional body that regulates lawyers’ work in Zambia is called
………………………………

Organisations that Promote Justice

Apart from institutions discussed in the previous section, the following Non-
Governmental Organizations strive to promote justice by providing either legal advice
or litigation or both. Litigation is the act of taking a case to a court of law.

 Legal Resources Foundation

The Legal Resources Foundation is a non-profit Non-Governmental
Organisation that works to promote human rights through providing legal
advice and litigation in the public interest especially in areas that directly
affect the underprivileged. It was founded in 1991 and became operational in
1993. The Legal Resources Foundation provides:

- Free legal representation to those that consult them.

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 - Legal assistance to those that are referred to them.
- Legal advice to all who seek it.
- The organisation has offices in Lusaka, Kitwe, Kasama, Chipata,
Kabwe, Livingstone and Solwezi.

 National Legal Aid Clinic for Women

The National Legal Aid Clinic for Women (NLACW) was established in
1990 as a project under the Women’s Rights Committee of the Law
Association of Zambia. The project was established to provide affordable
legal aid to women and children from marginalized social sectors. These
would usually not afford the normal legal costs to hire a lawyer to represent
them in their pursuit of justice. The Clinic works to help women, youths and
children who have been victims of social injustice. It does this through
litigation, arbitration and intervention in actual or possible violations against
women, youths and children’s rights. The organisation also offers counselling
and legal education. It is found in Lusaka.

 Women in Law in Southern Africa (WiLSA)

Women in Law in Southern Africa is a non-governmental, non-profit
organisation that was established in 1989 to improve the legal position of
women in Southern Africa. The organisation is a regional organisation with
branches in Southern African countries. The Zambian office is a Chapter of
the main organisation. The organisation offers free legal advice and litigation
to vulnerable groups in society especially women.

 Citizens Advice Bureau (CAB) – Law Association of Zambia

The Citizens’ Advice Bureau is a branch of the Law Association of Zambia
that offers free advice and litigation on a pro-bono basis. Pro-bono is free
legal services that every lawyer who is a member of the Law Association of
Zambia is obliged to offer as part of the legal profession’s service to the
community. The Law Association of Zambia is a body created under Act No
47 of the Laws of Zambia. It is mandated, among other things, to develop law
as an instrument of social justice, to encourage lawyers to serve the people, to
deal with legal aid and to secure representation for the disadvantaged,
promote law reform and in this regard, co-operate with other institutions and
professions.

 Legal Aid Clinic, School of Law, University of Zambia

The school of law, University of Zambia, has its own Legal Aid Clinic. The
clinic offers legal advice. Fourth-year law students offer legal advice. The
Legal Aid Clinic is found at the University of Zambia Campus, School of
Law and sessions are held in the afternoons when the university is in session.

 Young Women’s Christian Association (YWCA)

The Young Women’s Christian Association is a non-governmental, non-profit
making Christian organisation dedicated to the empowerment of women for a
better community. The organisation empowers women by making them know
their rights, duties and responsibilities in society. The Young Women
Christian Association offers legal advice on issues to do with inheritance,
property grabbing, maintenance, physical violence, mental abuse, sexual

70
 abuse, child abuse and other legal matters. YWCA offices are found in all
provincial centres of Zambia. They also provide Drop-In Centre Services to
abused women and girls.

 Zambia Civic Education Association (ZCEA)

The Zambia Civic Education Association is a human rights non-
governmental, non-profit organisation that was established in 1993. It
promotes and protects children’s rights through civic education in order to
realise a society in which people enjoy all fundamental rights, human dignity
and where justice prevails. The organisation offers free legal advice to
vulnerable groups in society, especially children. It runs Citizens Advice
Desks in Lusaka, Kafue, Kapiri Mposhi, Kabwe and Kitwe.

 Catholic Commission for Justice Development and Peace (CCJDP)

The Catholic Commission for Justice Development and Peace runs Legal
Advice Desks under its Justice and Peace Programme. The desks are located
in Catholic dioceses around the country. The national office in Lusaka
provides training and materials to paralegals drawn from the dioceses. The
desks are especially for vulnerable groups in society who cannot afford legal
representation. However, each diocese focuses on different targets according
to the needs in the area. Although the legal advice desks are located at
catholic dioceses, the doors are open to vulnerable persons of other
denominations or religions.

 Women in Law and Development in Africa (WILDAF)

Women in Law and Development in Africa is a Pan-African non-
governmental, non-profit making organisation and individuals using law to
promote a culture for the exercise of and respect for women’s rights in
African countries. The network was established at a regional conference held
in February, 1990 in Harare, Zimbabwe whose theme was, Women, Law and
Development: Networking for Empowerment in Africa. The network is
dedicated to promoting and strengthening action-strategies that link law and
development to empower women and improve their status in Africa. It seeks
to promote the effective use of legal strategies by women in Africa for self,
community and national development. The organisation offers legal advice to
vulnerable members of society. It also develops and disseminates legal
education materials.

Exercise 2

Which of the organisations that promote justice in Zambia may take action to:

1. Help a widow secure her property from her late husband’s relatives?
……………………………………………………………………….
2. Represent a dismissed employee in a court of law to secure his or her
reinstatement?
……………………………………………………………………….
3. Offer legal advice to the parents of a child who has been defiled?
………………………………………………………………………..

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 4. Provide legal advice and litigation to a group of women who have been
banned by the local authorities to conduct their business in a market
because they belong to an opposition political party?
………………………………………………………………………..
5. Provide pro-bono services to a person who is too poor to afford a lawyer?
…………………………………………………………………………..
6. Provide protection to a person from an abusive spouse?
………………………………………………………………………
7. Provide legal advice to a group of people residing in a particular area
where there is a Catholic Church?
………………………………………………………………………….
8. Attend to a person looking for legal education materials.
………………………………………………………………………….

Ideas for Action Projects:

1. Investigate how laws and what laws affect young people (labour, marriage,
substance use, stealing, assault etc).
2. Invite a guest speaker who is in the legal profession to talk to pupils about the
legal profession and/or the legal system in Zambia.
3. What are the by-laws which apply in your area? Examine them.

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 CHAPTER 5

INTRODUCTION TO PROCESSES IN THE ZAMBIAN LEGAL

SYSTEM

Specific Learning Outcomes:

 Describe the pre trial process in the Zambian legal system

 Describe the trial process in the Zambian legal system
 Describe the procedure in a criminal case
 Describe the procedure in a civil case
 Describe the post trial process in the Zambian legal system

1. Rights of a Suspect in a Pre-trial Procedure

Every Zambian citizen’s right to liberty is guaranteed in Article 13 of the

constitution. However, 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
instance, the liberty of the suspect will be taken away through the act 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 arrest the police are
allowed by law to use reasonable force necessary to effect arrest.

Arrest without Warrant

Suspects should only be arrested upon police officers producing a warrant of arrest
unless:

The accused was seen committing a cognizable offence. A cognizable offence is

an offence that can easily be seen as a crime. For example, if, while on the
street, a police officer sees a person snatching a purse, the officer can arrest the
purse-snatcher, based on personal observation of the theft or if a police officer
sees a vehicle being driven erratically and upon stopping it sees that the driver is
very drunk, the officer can effect an arrest. These and many others are examples
listed in the Criminal Procedure Code, Cap 60 of the Laws of Zambia. The
Criminal Procedure Code is a section of the law that outlines the procedures to
be followed when dealing with a crime.

Once a person is arrested without a search warrant, he or she should be brought before
a competent court within twenty-four hours or as soon as reasonably practicable. If he
or she cannot be brought before a court within a reasonable time he or she should be
released.

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Arrest with Warrant

There are offences for which a person can be arrested can only be arrested with a
warrant. Such crimes include official corruption, fraud, desertion of children by a
parent, common assault, defamation or allowing a prisoner of war to escape.

Detention for Questioning

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

A person who is unlawfully arrested or detained can sue for compensation for false
imprisonment through the courts of law. If it is the police that falsely imprisoned a
person, that person can sue the state through the Attorney General, who is the
government’s legal representative.

Interrogation

Though the Police are allowed to question a person who may be suspected of having
committed an offence, such persons are under no obligation 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 no person shall be subjected to torture,
or to inhuman or degrading treatment. This is the only right in the constitution that has
no derogation. Therefore, torture of suspects is not allowed under any circumstances.
A person who is tortured can sue the state for compensation.

Judges’ Rule

This rule requires the Police to inform the accused of his or her right to remain silent
if he or she so wishes and that if he or she said anything, the statement may be used as
evidence against him or her during trial. The rule also provides that the accused be
allowed to consult lawyers or other legal practitioners even when placed in custody.

The Law of Bail

A person arrested, detained or appearing before the court may, while in custody, or at
any stage of the proceedings, apply for bail. Bail is a sum of money paid by a person
accused of wrong doing as security that he or she will appear before the court until the
case is disposed of. Bail can 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 he or she will appear in court whenever he or she is required to do so.
Sometimes the accused, if he or she is a respectable member of society, does not have
to provide sureties and can be given to bail in his or her own cognisance. Cognisance
means being aware or having conscious knowledge. In case of being given bail in

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one’s own cognisance, the accused is fully aware of the implications of absconding
from justice. In Zambian law, bail is not allowed in certain offences such as treason,
aggravated robbery or murder.

2. Rights of a Suspect at the Trial Stage

Apart from other rights of an accused person during trial, there are three basic
principles of criminal procedure:

- The defendant is presumed innocent until the court proves him or her guilty.
- The Burden of Proof is the duty that lies on the prosecution to prove the criminal
allegation against the accused. It is based on the accepted rule of ‘he who alleges
must prove’. The accused does not have to say anything in his or her defence.
- The Standard of Proof, is the weight of the evidence the prosecution must
produce in order to establish the alleged crime. The standard of proof should be
beyond a reasonable doubt.

Other rights are:

Fair Trial and an Impartial Judge

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 established by law. The principle of natural justice states that no
one should be a judge in his or her own case and that both sides of a case should be
heard. Where a judge feels he has interest in a case, he or she should excuse herself or
himself from handling the case.

Right to a Speedy and Public Trial

The justice system operates on the understanding that ‘justice delayed is justice
denied’, which means that not getting a speedy trial is as good as not getting justice at
all. These delays in trials undermine the Rule of Law as people lose confidence in the
justice system and instead, resort to solving cases through unlawful means such as
instant justice and vendettas.

The Right to Silence

Since the burden of proof lies on the prosecution, the accused has the right to remain
silent. He or she may choose to do this by not taking the stand in the witness box and
giving evidence on oath. The accused may choose to give an un-sworn statement from
the dock, which is the sitting place for accused persons in a criminal court procedure.
This right, which protects accused persons against incriminating oneself, also extends
to not answering questions from the Police.

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Protection against Double Jeopardy

This means that an accused person cannot be tried again for an offence of which he or
she has been acquitted. For example, a person acquitted of murder cannot later be
tried on a lesser charge of manslaughter. The prosecution should decide right at the
beginning whether to try the accused for murder or manslaughter. If they choose to try
the person for murder and he or she gets acquitted, the prosecution cannot later
institute a lesser crime of manslaughter just to secure a conviction.

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, he or she cannot be tried at a later stage when that wrongful act
becomes a crime. In other words, it means that a law creating a criminal offence
cannot be backdated, expressed in Latin as ex post facto.

The Right to Examine and Cross Examine Witnesses

The defendant has the right to question the witnesses presented by the prosecution and
to examine his or her own witnesses. The method of examination in 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 as evidence in a court
of law.

The Right to an Attorney

Both the civil and criminal trials in the Zambian courts are based on an adversary
procedure. This is a system where the prosecution and the defence treat each other as
opponents but not as enemies. Each side of the case does his best to persuade the
court to side with his arguments and reject the version of the story of the other side. In
this system of justice an accused person cannot be assured of a fair trial unless he or
she has legal representation by a lawyer. When a person is too poor to afford a lawyer
the state should provide one through the Legal Aid Department of the Ministry of
Justice, which is mandated to provide legal services to all persons accused of offences
that are supposed to be tried in the appellant courts.

The Right to Defend Oneself

Article 18 paragraph 2 section C of the Constitution of Zambia requires that the

accused be given enough time to consult and provide for his or her defence. In reality,
this rarely happens as the accused are usually in custody and not given a chance to
collect evidence and as a result the defence merely reacts to the prosecution’s
witnesses. 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 place and that the person could not have committed
the crime. Most people cannot afford to pay for such services.

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3. Rights of a Convicted Person at Post Trial

The Right of Appeal

A convicted person has the right to appeal to higher courts if not satisfied with the
decisions of the lower court. This is to make sure that any error that may have been
made in the lower courts can be corrected by an appellant court. The convicted person
should be informed of his or her right to appeal at the end of the trial.

Other Rights of the Accused

Article 18 of the 1996 Constitution of Zambia guarantees the following additional

rights to the accused:

 The right not to be tried for a criminal offence for which he or she has been
pardoned by the Head of State.
 The right to have an interpreter if he or she does not understand the language
being used during the proceedings.
 The right to be given a copy of the record of the proceedings made by the
court within a reasonable time after judgement.
 The right not to be convicted of a criminal offence unless that offence is
defined and the penalty written in law.

Activity 1

A. ‘Righting the wrongs’

Situation 1: Ilukena has been in police Situation 2: Mwaanga has been in

custody for five days. The police detention for six months. His
say he is helping them with relatives have just
investigations in a robbery case. discovered where he is
What is denied? ……………………………………… being held.

Remedy …………………………… What is denied? ……………………………………

Likely police explanation: …………………………….. Remedy: ……………………………………………

Likely police explanation: …………………………

Situation 3: Zulu Mark was beaten at a Situation 4: Mulenga is accused of having

market after a woman shouted, broken into the Mwila’s house
‘thief’ in his direction. The and stolen a radio. The police
police arrested him and kept beat him to try and make him
him in police cells for two days confess to the crime.
before releasing him.
What Constitutional right has been denied?…
Which of his rights were violated?………………….
What can he do? ……………………………………..
What can he do? ………………………………….
Possible explanation by the police?
Possible explanations from the police: …………….

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Situation 5: Choolwe Habantu is sentenced to 15 Situation 6: Carol Phiri has been on trial for
years with hard labour for illegal abortion. The trial has
having stolen a chicken. The been going on for two years.
judge who handled the case The delay has been
has a poultry farm where he because the DPP has not
experiences a lot of thefts. issued a fiat.
What has been denied?…………………………..
What has been denied? …………………………
Remedy:……………………………………………….
What is the other name for fiat?………………….
What should the judge have done before taking the
case?………………………………………………….. Remedy:………………………………………….

What do such delays result into?………………….

Situation 7: Mercy Phiri is on trial in the Situation 8 Mercy is convicted of the

High Court for allegedly murder of her husband. She
knifing her husband to does not accept her
death. During trial she conviction.
refuses to say anything. What right can Mercy exercise?…………………..
What right is she exercising?……………………. Which court would now hear her case?………….
What burden does the prosecutor What are the options that the appellant court can
have?…………………………………………….. take?…………………………………………………
What is the name given to the evidence the
prosecutor has to use to convict Mercy?

Situation 9: Chingumbe Chipango was accused

of aggravated robbery which Situation 10: A tourist is arrested for being in
carries a mandatory possession of
sentence of death penalty. obscene pictures. He applies for bail but
He is too poor to afford a is denied it because he has no sureties
lawyer. The Legal Aid living in Zambia.
Department could not
provide him with a lawyer. What has been denied?
What has been …………………………………
denied?……………………………………………..
What kind of bail can be given to
Remedy:…………………………………………….. him?…………………

What would be
A. Case the likely result if Chipango is
Study In what circumstances is bail not allowed in
tried without legal representation? Zambia?………………………………………………

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 Case Study

1. Read the above 2nd October 2004 Post Newspaper article and answer the
following questions:

 What is the focus of this case study?

 What are the human rights issues contained in the story concerning the dead
boy and the schoolgirls?
 What rights of a suspect were denied to the dead boy and the girls?
 What crime did the police officer who slapped the girl commit?
 Do you think the police acted within their jurisdiction of maintaining ‘law and
order’? Give reasons for your answer.
 What law did the pupils that went to the police station break? How could they
have handled the situation differently?

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  Write a letter either to the editor of the Post Newspaper or the Minister of
Home Affairs telling him or her, your views about the incident.

Procedures in the Criminal Justice Process

The following are the steps in a criminal procedure as outlined in the Criminal
Procedure Code, simply referred to as the CPC in legal circles:

 Arrest
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 driving is done by court 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. If he or she
denies the charge then a plea of not guilty is taken. The plea is recorded if the
accused admits the charge. The prosecutor will read the facts 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 denies the charge, a
plea of not guilty is recorded
and a date is set for trial

 Trial
The trial stage has the
prosecution and defence parts
to it.
- 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 re-examines the witness to try to correct the damage done by the
Defence’s cross-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 facie, then the accused is put on her or his defence.

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 - The Defence will then bring in their own witnesses known as defence
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
re-examine to control damage done by the cross examination, if any. The
defence will also close their case urging the court to find the accused innocent.

 Final Submissions
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 magistrate or judge will then deliver judgment, which is the final ruling or
verdict.

 Records of Previous Convictions

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

 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 given a lenient sentence. This is
called mitigation.

 Sentencing
The magistrate or judge will then sentence the accused, guided by the three
principles of sentencing which are:
- Retribution - meant to punish the offender especially in rape cases.
- Deterrent - meant to prevent the offender or other would be offenders from
committing the crime.
- Reformation or rehabilitation - meant to reform the offender in order to return
to a decent life. This punishment is mainly applied to juvenile offenders and
first offenders

The Death Penalty

The death penalty is the taking away of someone’s life. That is the reason why it is
referred to as ‘punishment beyond punishment’. Therefore, it follows that very
heinous crimes are punished by death. However, as already stated, 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 outside marriage is an offence punishable by death while in most countries it
is disapproved but is not even classified as a crime. In the Zambian Penal Code,
murder, treason and aggravated robbery are felonies currently listed as crimes whose
mandatory sentence is the death penalty. Mandatory sentences require judges to
impose identical sentences on all persons convicted of the same offence. This is also
called "fitting the punishment to the crime."

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Crimes that are Punishable by Death

When a person comes into conflict with the law by committing a wrongful act that is
classified as a crime, the task of the law is to punish the offender in order to fulfil one
or more aspects of the aims of punishment. In terms of a crime the highest form of
punishment is the death penalty. When a court of law passes the death penalty on an
offender, he or she becomes a condemned person. They are referred to as condemned
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.

Activity 2

People who advocate for the abolition of the death penalty are called abolitionists
whereas the people who support the death penalty are called defenders:

1. Hold a traditional debate in your class with a team proposing a motion to

abolish the death penalty and another team opposing the motion. Remember
that in a traditional debate, teams consist of three people composed of the
main speaker who states the team’s main points, the second speaker who
counters the opposing team’s main speaker’s points and the third who
summarises the team’s main points. There is also the chairperson who
moderates the debate, the judges who decide the winning team according to
the points and the manner of debating and a timekeeper who keeps time. The
rest of the class are the audience who are also given a chance to state their
positions on the motion after the teams have spoken but before the judges
make their decisions. However, the audience is views do not attract points.

2. Write an editorial for your school magazine titled, In my opinion, about the
death penalty.

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 where the process is similar despite the type of
court trying the case, there are variations in civil proceedings depending on the type
of court.

There are five types of courts in Zambia that hear civil cases:

1. Local Courts
2. Subordinate Courts
3. High Courts
4. Industrial Relations Court
5. Supreme Court

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 Civil Procedure in the Local Court

The procedure is generally informal because the aim of the proceedings is to

administer necessary justice. These courts have not adopted complex
procedures because most of the people 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 from representing parties
in local courts.

Civil proceedings in a local court start by writ of summons obtained from the
court clerk by the plaintiff. A plaintiff is a person or persons with a complaint.
Local court summons 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 served on the defendant at his or her residential address. A
copy is left with the 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, after which a decision will be reached,
followed by judgement.

 Civil Procedure in Subordinate Courts

In these courts, the parties are required to follow strict rules of procedure. The
plaintiff is required to give the defendant copies of the documents which they
intend to rely upon during the trial.

The procedure begins with the serving of the writ of summons on the
defendant.

During the trial, lawyers are permitted to represent parties. Examinations in

chief, cross examinations and re-examinations will take place before parties
close their cases. After both parties close cases, the court will consider and
deliver judgement.

 Civil Procedure in the High Court

Procedure in a high court is formal. The plaintiff must file in a statement of

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 Appearance form together with defence, which is a response to the
statement of claim. Trial will then take place leading up to the final
submissions and then judgement. If the case is one of claim, a warrant of

83
 distress will be served on the defendant to seal the judgement. Where the
amount of claim is known, a specially endorsed writ will be served on the
defendant.

There are cases that come before the high court that are heard in chambers,
which is the office of the judge. The word ‘chamber’ in this instance means
private. We learnt earlier that court proceedings are preferred to be conducted
in open court so that justice is seen to be done. However, there are cases that
are classified as chamber matters, meaning that it is in the best interest of the
parties concerned for the matter to be heard in privacy. Some examples of the
chamber matters are:
- Uncontested divorce actions
- Application for an order of vacation in a property repossession
- Application for order of company dissolution also known as liquidation
- Application for maintenance in case of a divorced spouse and children

 Procedure in the Industrial Relations Court

This court handles only industrial matters, which are cases 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 Procedure in Supreme Court

The procedure is similar to that found in the high court except that the
supreme court does not conduct trials because 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 allowed to represent parties.

Activity 3

Word Search

D A C H A M B E R S F P L E A M
X L M J R E O D E U Y L A A L I
S C S F R R U E A M G A E R L T
A C G W E W R P S M I I S N I I
D M F R S Q R R O O N N T E N G
U M C I T R G I N N G T R S T A
L I R T P D S M S S L I E T H T
O T S D R D L A S S N F A O E I
P E O S E O A F I F O F M P H O
C R O S S E X A M I N A T I O N
G V A R I L A C A T O M O N U C
F N B E D T T I D O V E O N S A
C U E E D E F E N D A N T O E T
X R T F O R T Y S O M E Y L Y W

84
Copy the word-search box into your books. Work in groups to find the answers to
each of the questions below and then find the correct word in the word-search box and
circle or shade it.

1. The act of seizing and confining someone suspected of wrongful doing

………………………………………………………………………….
2. Response an accused person gives when the charge is read to him or her
…………………………………………………………………………..
3. Appeal for a less severe sentence by giving compassionate reasons
…………………………………………………………………………..
4. This is a Latin phrase meaning the accused person has been found with a
case to answer
……………………………………………………………………..
5. This is the questioning that tries to cause doubt of the evidence given by
the Examination in Chief
………………………………………………………………………….
6. The name given to the person or persons who feel they have been wronged
and have taken the case to court
…………………………………………………………………………..
7. The person or persons accused of a wrongful act before the court of law
…………………………………………………………………………..
8. A document asking someone to appear before a court of law
…………………………………………………………………………….
9. A written order issued by a court of law to somebody to do or not do
something. ……………………………………………………………….
10. Office of a judge. …………………………………………………………

Ideas for Action Projects:

1. Visit a court house near your school during trial and make a comprehensive
report describing:

- Sitting arrangement
- Roles of the persons present
- Facts of the case
- Procedure
- Outcome, if possible.

2. Invite a guest speaker who is in the legal profession to talk to you about
criminal and civil procedures in the Zambian court system.
3. Simulate either a criminal or civil procedure court trial.
4. Investigate rights of suspects by interviewing people who have experienced
the justice process.
5. Do a profile of a convicted person: either an ex- prisoner or one currently
serving a prison term.

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 CHAPTER 6

GENDER EQUITY AND EQUALITY

Specific Learning Outcomes

 Define gender, gender equity, gender equality, gender discrimination and

stereo-typing.
 Outline the historical background of gender.
 Describe gender roles, sex roles and stereo- type and gender gap
 Discuss the social construction of gender.
 Analyse the 1989 Intestate Succession Act.
 Compare and contrast gender issues in traditional and modern society.
 Evaluate the work of governmental and non-governmental organisations and
institutions that advocate for gender equity and equality.

Definition of Gender
Gender is defined as socially constructed and varying roles that men and women play in their
daily lives. It is a cultural concept used to classify and categorise the differences between
women (females) and men (males) and the respective roles that they play in society. Gender,
unlike sex, does not refer to the biological difference between women and men but rather
refers to the social, cultural economic and political relationships, attributes and opportunities
associated with being male or female. By contrast, sex is a physical or biological concept
which determines the state of being female or male.

Gender 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
Affirmative 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 policies and
programmes aimed at elevating the status of the disadvantaged. For example, the
Ministry of Education has been following a policy of affirmative action to maintain
the proportion of girls at the Grade Seven (7) and Nine (9) levels of education. The
selection pass mark for girls is relatively lower than that of boys. This is done in order
to encourage and retain female participation in the school system.

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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.

Exercise 1

(a) In your own understanding, define the meaning of the following concepts:
(i) Gender
(ii) Gender Equity
(iii) Gender Equality
(iv) Discrimination
(v) Stereo-typing
(vi) Prejudice

(b) The Ministry of Education should establish the same cut-off point for girls and
boys for Grades Eight (8) and Ten (10) selection.
Do you agree with this statement? Write an essay to support your view.

Activity 1
(a) In groups, carry out a survey on the number of boys and girls in each class at
your school. In your opinion, is there gender equity and equality in terms of
Grade Ten (10 selection?

(b) In groups, visit any government institution other than the school or a civil
society organisation. Find out the number of male and female workers in the
institutions you have chosen. In your opinion, is there gender equity and
equality? Write a report and present it to your class.

The Background to 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 socio-economic situation. Arising from their biological differences are
women’s need for ante-natal, maternity and post-natal clinics. Equally important is
the family planning advice and methods since these are more important for the person
who bears children. Some issues that affect women’s socio-economic needs include:

 Violence against women in general.

87
  The persistent and increasing burden of poverty on women.
 Inequalities and inadequacies in and unequal access to health care education
and related services.
 Inequality in economic structures and policies in all forms of productive
activities and in access to resources.
 Inequality between men and women in the sharing of power and decision
making at all levels.
 Lack of respect for and inadequate promotion and protection of the human
rights for women.
 Gender inequalities in the management of natural resources and in the safe-
guarding of the environment.
 Persistent discrimination against and violation of the rights of the girl-child.
 Stereo-typing of women.

Although the principle of non-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 recognised the
need for a human rights instrument that directly addressed 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, and is described as the International Bill of rights for women.

As the table below indicates, women in Zambia were also disadvantaged in so many
ways.

POSITION WOMEN MEN

Members of Parliament 19 139
Councillors 95 985
Ministers 5 17
Deputy Ministers 4 32
Special Assistant to the President 1 4
Permanent Secretaries 10 27
Supreme Court Judges 3 8
High Court Judges 5 17
Industrial Relations Court 2 3
Magistrates 19 75
Local Court Justices 44 844

Source: GIDD and Judiciary

Zambia signed (CEDAW) in 1980 and ratified it on 21st June, 1985. By signing the
convention, Zambia has admitted that women face discrimination or have their rights
violated in their daily lives. Since ratifying CEDAW, Zambia has taken a number of
steps to implement the convention. These include:-

 The Setting up of the Gender in Development Division (GIDD)

88
 Following the demands of the Beijing Conference, the government began 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), which is the national gender
machinery, at Cabinet Office.

The Division’s main task is to co-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.

 Adoption of National Gender 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 equitably.

 Establishment of the Ministry of Gender.

In 2005, the Ministry of Gender was established to be responsible for gender
issues and concern in all sectors of 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 representation in parliament.

Exercise 2
(a) 50% of the seats in parliament should be reserved for women. Do you agree
with this statement? Write your opinion.

Exercise 3
(a) Copy the table below and write activities, tasks and responsibilities assigned
as ‘female’ or ‘male’ by your society. The first columns have been done for
you.

GENDER POLITICAL ECONOMICAL CULTURAL RELIGIOUS

Female 1. Singing and Selling Being always Not preaching
dancing during ‘chibwabwa’ on submissive to in some
political activities the street male demands churches.
2.
3.

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Male Speak at political Occupy top Decision- Preach at
meetings positions maker in the church
home
2.
3.

Socialisation in Relation to Gender Roles

This is a process through which females and males are assigned certain roles and
responsibilities based on the values of a particular society. Though not in a written
form, socialization is a process that everybody in a given society is expected to
undergo. The beliefs and values enshrined in the socialization process are passed on
from one generation to another. In addition, socialization is based on patriarchal
beliefs of the male dominance over women. This is particularly seen through agents of
socialization such as the family, school, media and religious groups.

Gender Roles
Gender roles are prescribed activities, tasks and responsibilities which are assigned as
female or male by a society. They are influenced by cultural, political, economic,
religious, age, class and racial factors.

In most African societies, some roles are played by both women and men, while
others are specifically conducted by a particular sex. The following are some of the
examples of common gender roles:

 Business enterprise
 Water resource management
 Farming
 Gathering
 Tourism
 Crafts Work
 Environment Management.

Some of the specific roles assigned by society for women include:

 Health care provision
 Food preparation
 Pottery making
 Mat and basket weaving
 Crop harvesting
 Cutting grass for thatching
 Harvesting

On the other hand, some of the specific roles assigned specifically for men are:

 Breadwinners and family defenders.

 Attending of social and political meetings
 Cattle herding

90
  Bush clearing and felling of trees
 Hunting
 Decision-making on important issues in a home.

In modern society, the above roles are performed by both men and women. This is
because gender roles are not fixed but constantly change due to the dynamic nature of
society. Girls, boys, women and men in society operate within specific gender
relations which are a reflection of a particular society.

Sex Roles
Sex is a biological term which refers to the exclusive physiological differences
between females and males. Sex roles are, therefore, roles which females and males
perform on the basis of their reproductive physiological or biological make up. Sex
roles are generally the same in all societies because they are biologically determined.
For example, sex roles for women may include child bearing and feeding, while those
of men include siring.

Sex Roles Stereo-type

This is a belief that males and females, by virtue of their sex, perform certain roles.
It is a belief or myth (not necessarily factual) that associates certain traits of behaviour
or acts with different sexes.

Activity 2
In groups, carry out a survey on the sex role stereo-types practised in your area. For
each, establish its root cause. Report your findings to the class.

Agents of Socialisation
The following institutions are some of the agents of socialisation.

The 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.

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 terms of educational opportunities. It is
believed that girls will ultimately find husbands to support them.

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:

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 - control of resources
- sexual relationship and use of contraceptives
- polygamous marriages

The School

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 carers.

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 occupations which
are sexually segregated.

 The Media
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 message in most songs are based on the patriarchal nature
of society, normally describing the place of a woman as a wife in the home.
Some 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 news letters which equally portray women as being subordinate to 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 over all religious
ceremonies while females are assigned subordinate roles such as cleaning the
church. However, in modern societies, some religions allow women to assume
leadership positions.

Gender Gap

A gender gap is a measure of inequality in any particular socio-economic indicator

and which may be defined as the difference in any aspect of the socio-economic status
of women and men. It is not just a female male difference, because it does not arise
from biological differences. This is a gap which arises from the different gender roles

92
and social locations of women and men. Gender gap is observable and even
measurable. It reveals the percentage difference between the number of women and
the number of men in a particular socio-economic category. A gender issue arises
where there is an observable gender gap, where women are aware of it and consider
the gap unfair.

Peer Groups
These are groups that generally comprise people of the same age. Peer groups are
quite influential in the socialisation process because individuals within the group learn
or copy certain behavioural traits from each other.

Examples of peer groups are many because they involve children, adults or elderly
people. Young boys and girls are one illustration of peer groups, because they may
influence each other in numerous ways, such as sex, music, dressing styles or walking
styles.

Exercise 4

1. (a) Define socialisation.

(b) Identify the agents of socialisation in your area.
(c) Analyse the roles that the agent of socialization performs.

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 2. Study the diagram below and answer the questions which follow:

A DAY IN THE LIFE OF A WOMAN FARMER

21.00 – 23.00 hours

talk round fire while
making fish nets

20.00 – 21.00 hours 4.00 – 5.30 hours

clean dishes, bath 24.00hrs fish in a nearby river
children 22.00hrs 2.00

18.00 – 20.00 hours 5.30 – 6.00 hours

process and prepare 20.00hrs 4.00hrs carry water and
food for dinner fire wood

17.00 –18.00 hours 18.00hrs 6.00hrs

fish in a nearby river 6.00-8.00 hours
for bathing, cook, clean light fire, heat water
for bathing, cook,
16.00 hrs 8.00hrs clean dishes, sweep
15.00 – 17.00 hours
compound
work in the garden.
14.00hrs 10.00hrs
12.00 hrs
8.00 -11.00 hours
work in maize field with
14.00 – 15.00 hours baby on the back and
fetch water, wash with four year old child
clothes and smoke fish

12.00 – 14.00 hours 11.00 – 12.00 hours

process and prepare collect berries or
food for lunch and mangoes and edible
wash dishes leaves, carry water back
home

Source:- Immediate school kit on the United Nations.

Questions

(i) Make a list of the duties that you perform daily.

(ii) Arrange your duties under the following headings: studying, gardening,
playing, washing plates and others.
(iii) Work out how many hours out of twenty four (24) you spend each day.
(iv) Draw a bar graph using the same headings as in no. (i)
(v) What is your overall view on how the woman described in the diagram above
spends her days? Write a short essay.

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3. CASE STUDY

The Little Mother

This is a story of the only girl in a large family of eight (8) brothers. Her father often
left home for work around 08:00 hours in the morning and would not return home.
Whenever he was home at the weekends, the girl even had more work to serve him.
The mother was constantly in the field farming. She had to leave early in the morning
to make the most of her energy. So the girl had to do everything in the house. She had
to attend to her brothers and get them ready for school. She would wash the dishes
daily and clothes for everyone during the week-end. Her education suffered as a
result. She was constantly late for school and hardly ever had time to do her
homework. Because of this, the teachers labelled her a ‘lazy’ girl. She repeated twice
and still had problems with her school work. When she was told to repeat yet another
year, she could not take it any more. She decided to leave home in the village and go
to the city in search of a job. She was getting too old for school, and nobody cared.
Her family cared only for her services while the boys had all the opportunities for
their education. After two weeks of searching, she still had no job. She finally found
herself working as a prostitute.

Questions

(i) How do you feel about the story above?

(ii) Does this scenario occur in your community?
(iii) Should housework only be done by girls?
(iv) Who is responsible for the girl’s discrimination in the story?
(v) What things should your community do to avoid such situations?
(vi) How can you make your community be aware that girls and women are
equal human beings to boys and men?

Activity 3

Identify particular roles that a local church plays in providing education for women
and children in your community in relation to the promotion of gender equity and
equality.

The Intestate Succession Act (1989)

The Act was enacted by the Zambian parliament on May 14, 1989, in order to make a
provision for a law with regards to intestate succession that would be given to the
whole country. The Act is a stipulated guide meant to facilitate ways of ensuring
adequate financial and property sharing for the surviving spouse, children, parents of
the deceased and any other relatives of the deceased person. This is in a case where a
deceased person did not leave a will as to show how the property, legally referred to
as estate, should be shared among the entitled persons or beneficiaries. A will is a
document that outlines how the finances and property of a deceased person should be
distributed among the beneficiaries. The Act also gives a guide as to how other

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matters relating to the deceased should be handled by an administrator of the estates.
The administrator is a legally appointed person who acts on behalf of the state, in
handling matters of a deceased person. He or she is not paid for discharging of his
duties and is not part of the beneficiaries of the estate except where there is need for
reimbursement of expenses.

Distribution of the Estates

Under the Intestate Succession Act, the distribution of the estate is as follows:
 50 percent 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 this
percentage goes to the parents.

 20 percent, for the surviving spouse(s), widow (s) or widower. This means that
in case of a polygamous marriage, the percentage shall be distributed among
all surviving spouses. However, the distribution is done according to the
duration of the marriages and the spouses’ contribution to the deceased
property. If there is no spouse, the 20 percent shall be given to the children.

 20 percent, for the deceased is for parents. In a case where there are no
parents, the 20 percent portion shall be distributed among the spouse, children
and dependants, and

 10 percent for the dependants, if any.

 It is important to note that the brothers, sisters and any relatives of the
deceased are not part of the beneficiaries. However, they can only benefit if
there are no children, parents and dependants. In this case, the relatives get
half and the surviving spouse(s) the other half of the estate.

Personal Chattels and House

Personal chattels: 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.

The 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 are 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 is strongly prohibited under this
Act.

Practical Problems and Limitations of the Intestate Act

 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

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 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
reluctantly recognize such unions which are not bound by bride price.

 Children born out of wedlock if not known or recognized by a surviving spouse,

do not benefit from the property of their deceased parent and the law is not
protective.

 Section 10 of the Intestate Act provides for the surviving spouse to have life
interest in property like the house and that if she or he remarries she or he loses
the rights to the house. However, the Act seems to be applicable only to widows
and not widowers.

 Erring administrators must be punished under section 29 of the Intestate Act.

However, practically and traditionally, this does not happen for fear of breaking
cultural norms and 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
violated.

 The Intestate Act supports the legality of polygamous marriages. In real sense,
this deprives the first wife of her rightful status and position in a marriage.
Moreover, polygamous marriages may be a risk in this HIV and AIDS 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
or statement encouraging relatives to support the deceased person’s children.

Exercise 5

(a) Define the following terms

(vi) A will
(vii) An Estate
(viii) An Administrator
(ix) Personal chattels

Read the following case study carefully and answer the questions that follow:

A Twenty six year old widow and her two children were deprived of their share from
rentals realised from the house that was left by her husband.

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The widow complained that after her husband, Mr Mabvuto, died, his relatives got
most of the property, including the house. They were collecting rentals from the
house without supporting the children. In addition, no administrator was appointed to
take care of the estate.

The widow was advised to go to court and have an administrator appointed, through
whom the matter would be pursued.

Source:-
Picking up the pieces of Justice. A compilation of cases on inheritance and other
issues reported to network member organizations. . .

Questions
(a) The deceased man in the passage ‘died intestate.’ Explain the meaning of this
phrase.

(b) Other than a house, the deceased owned two cars and 10 herds of cattle in his
village.
Briefly explain how this property should be shared among the beneficiaries.

(c) Imagine that you are an employer in the company the late Mr Mabvuto worked
for. His benefits amounted to Twenty Million Kwacha (K20,000,000.00)

Copy the table below and calculate the percentages in terms of amounts for the
beneficiaries as indicated.

Name of Beneficiaries Amount

Widow/widower
Parents
Dependants

Gender Issues in Traditional and Modern Society

In both traditional and modern societies there are certain features that are peculiar to
both societies as far as gender issues are concerned. However, there are also cross-
cutting differences.

Comparisons

 In both traditional and modern societies, there is a general misconception that

regards women as inferior to men because of following both the customary and
statutory laws. This is referred to as dual system.

 Tribal warfare, military force and male bravery and strength are usually
attributed to men and not women. In cases where women have participated in
war, they are not put in front line battle field.

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 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 land on an equal basis with men.

 Insufficient 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, they
also control the income generated from businesses run 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, or contracting HIV/AIDS and other Sexually Transmitted
Infections (STIs).

 Polygamy is still widely practised in Zambia, even when the economic situation
may not favour this practice. Generally, Polygamy is another patriarchal element
in traditional African society. It gives and makes a man retain the rights of a
potential polygamist. For example , in a childless marriage where a wife is
infertile, a husband may easily marry another woman but not vice 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 food, gathering
firewood and collecting water.

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.

 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 decision-making process. Formal positions of
leadership can also now be held by both women and men.

 Women subordination in a marriage relationship due to Lobola or Bride 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 grievances are being addressed by the courts of law.

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 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 now changed.
Both genders are now encouraged to actively participate in bringing about social
development at home and at school.

 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 task was left
to grandparents or cousins of adolescent children.

Exercise 6

1. Discuss the following motion, ‘Lobola or bride price should be abolished in

Zambia’.
2. Outline different factors which may contribute to the changes taking place today
and how those changes affect both women and men in society.
3. A mother comes to visit her son only to find him washing nappies and cooking
while her daughter-in-law relaxing with a magazine on the sofa or chatting with
her friends. Comment on this scenario.

Governmental and Non-Governmental Institutions that advocate for

Gender Equity and Equality
There are a number of governmental and non-governmental organisations and
institutions that advocate for gender equity and equality in Zambia. Some of these are
discussed 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 representation in government and
other public offices.

The ZNGLW is established in the following provincial headquarters:

Copperbelt (Kitwe)
Eastern (Chipata)
Western (Mongu)

The objectives of the organization are:

 Promotion of equal participation and representation of women and men in

decision-making.
 Cultivation and promotion of a culture of gender equality and equity and
respect for women’s rights through changes in attitude, language and legal
procedure.

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  Undertaking training and managing resource mobilization programmes meant
for capacity building, lobbying mechanism, advocacy and information
dissemination and networking.

The ZNWLG has successfully conducted a number of programmes, some of which

include:-
 Capacity building for female aspiring candidates for elections.
 Civic education relating to constitutional matters.
 Monitoring and observing elections.
 Holding monthly discussions on national and topical issues.
 Conducting community debates on topical issues.
 Information dissemination through publications.

Justice for Widows and Orphans Project (JWOP)

The project was established in 2001 under the support of the embassy of Finland. Its
main objective is to disseminate information on the rights of 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
vulnerable groups in society.

The Young Women Christian Association 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 aims at:-

- ensuring that women know their rights, duties and responsibilities in society.
- helping women realize their full potential as human beings and the
contribution they should make to advance themselves, their families,
community and the whole country.

Zambia Association for Research and Development (ZARD)

ZARD is a non-governmental organization formed in 1984 with an aim to uplift the

status and positions of women through action-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.

The Zambia National Association for Disabled Women Organisation

(ZNADWO)

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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.

Zambia Alliance of Women (ZAW)

The Zambia Alliance of Women (ZAW) was formed in 1978 but formerly registered
in 1982. ZAW is involved in the following advocacy programmes for women:-

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

popularizing CEDAW (Convention on the Elimination of All Discrimination
Against Women).
- Promotion and enhancement of women’s rights, women and inheritance,
women and education and women and development in general.
- Advocacy for good governance and promotion of peace.
- Eradication of poverty through food security.
- Research and documentation in socio-economic programmes and in health and
education matters.

ZAW has made the following achievements:

- Spearheaded the SADC Regional Rural Industrial Study to promote industries

such as pottery, basketry, baking and fish processing, in order to economically
empower women.
- Promoted house food security through crop diversification projects at village
level.
- Developed agro – forestry programmes.
- Rendered support to mainly rural self-help pre-schools and health centres.

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 affect women and
children. The general aims of the police service include the following:-

- Preservation of Life
- Protection of property
- Prevention of crime and
- Maintenance of peace in society.

The Legal Affairs, Governance, Human Rights and Gender Matters Committee. This
is a committee of parliament which is expected to study government policies and
activities to ensure that there is gender equality and equity.

Activity 4
a) Identify governmental and non-governmental institutions that advocate for
gender equity and equality in your local area.

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 Invite a resource person from any local non-governmental organisations
(NGO) or government institution involved in gender advocacy to come and
talk about gender equity and equality for national development.
b) Evaluate the work of organisations and institutions that advocate for gender
equity and equality.
Exercise 7
(a) Discuss the importance of women participation in political parties and other
decision-making bodies. Write an essay.
(b) Match the statements below the table with the organisations or institutions in
the table. Write the number of the statement that corresponds to the activity of
each organisation or institutions.

JWOP ZAMBIA ZARD YWCA ZNADWO ZNWLG

POLICE

1. Concerned about the discrimination that women suffer and their poor
representation in government and other public offices.
2. Disseminates information on the rights of widows and orphans.
3. Helps women realise their full potential as human beings.
4. Undertakes research activities aimed at promoting gender balance in society.
5. Develops programmes for empowering disabled women.
6. Deals with cases of violence.

Imagine that you are a project coordinator for a particular organization.

(i) List down the barriers that women seeking financial independence face in your
culture.
(ii) Develop a list of strategies that women could use to support and help each
other gain greater empowerment.
(iii) Explain the importance of women participation in parties and other decision-
making bodies.

Ideas for Project Work

1. Conduct a research into the health care giving roles of women and men in
society. Interview some male nurses. Find out what gender issues and
challenges they face in such a female dominated profession.

2. Select advertisements in the media in which both women and men are shown
carrying out various duties in the community. What stereo-typed images of
women and girls have you identified in your local media? Develop a set of
practical guidelines through letter writing to make mass media more sensitive
to gender inequality.

3. Investigate the history of marriage payments (bride price) to determine its

changing uses and consequences through time.

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4. Investigate and identify the policies and programmes that the government, in
particular the Ministry of Education, has put in place to eradicate gender
inequalities.

5. Visit your local community and find out the activities of fathers and mothers
in a home. Analyse the social differences and causes of these differences.

6. Organise a video show or pictures depicting the life of a woman in Zambia.

Identify gender roles. How are women oppressed and why?

7. Carry out a research on what parents, teachers and the media can do to
reinforce positive images and voices of girls and boys in society.

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 CHAPTER 7

A CULTURE OF PEACE

Specific Learning Outcomes:

 Define peace, conflict and a culture of peace.

 Describe methods of promoting peace
 Discuss forms of conflict at various levels.
 Analyse causes of conflict at various levels.
 Assess the effects of various forms of conflict.
 Evaluate the economic and political gains of conflict.
 Describe conflict resolution strategies.

Definition 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. This
situation leads to what is called environmental
peace. This is because environmental problems
have a bearing on peace. Where there is a state
of balance with the environment in a society,
peace prevails. But where there is perceived
imbalance with the environment or in the
distribution of economic, political and social
resources, peace is disturbed and violence
emerges leading to conflict. This is the case, for
instance, with the conflict in Darfur region of Sudan where actors in the war are
reported to be fighting over dwindling water resources.

If peace is the absence of war and violence, then it means countries where there is no
war and violence people enjoy peace. But in reality this is not true. We know of many
countries that have never fought wars with any country and yet there is no peace in
those countries. What this means is that peace is not just the absence of war and
violence. It goes beyond these two definitions. Therefore, in defining peace we must
say that peace is the presence of justice. If a family, community, society or country
practices justice, it will be very hard to create a situation of violence and conflict. As
it is said, ”If you want peace work for justice.”

Some peace thinkers have abandoned the idea that there is a single or all-embracing
definition of peace. Instead, they promote the idea of many peaces which they call
“plural peaces.” They argue that since no singular, correct definition of peace can
exist, peace should be perceived as a plurality. For example, in the Great Lakes
Region of Africa, the word for peace is Kindoki, which refers to a harmonious

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balance between human beings, the natural world and the cosmos. This vision is a
much broader view of peace than a mere “absence of war” or even a presence of
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 or any external object or
situation. An individual may experience inner peace even in the midst of war. Some
people say that peace and quiet go hand in hand. In this way, peace can mean a state
of quiet or tranquillity or an absence of disturbance or irritation. As a result of this
understanding, many people find the natural world to be peaceful and, therefore, may
visit quiet places like forests, lakes or other natural things. Mahatma Gandhi’s idea of
peace was that peace is not an end, but a means to something else. He stated that
“there is no way to peace; peace is the way” to some destination.

Yet another view of peace is one which subdivides it into “negative peace” and
“positive peace”. In this definition, peace is the absence of “direct violence” and
“structural violence.” The following diagram explains the meanings of the above
terms.

Peace

Positive peace presence of

Negative peace conditions of well-being and
Absence of direct just relationships: Social,
physical violence economic, political ecological

Structural violence e.g.

Direct violence e.g. poverty, discrimination,
War, torture Ecological violence

Violence

Methods of Promoting Peace

Peace is very central and important to human affairs and development. Without peace,
development suffers. Peace is a basic requirement of development. Many investors

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wishing to promote or introduce development require peace as a pre-requisite.
Therefore, peace and development often go together.

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, families, small communities, ethnic
groups, nations or regions. Peace is also required at the global level.
The following are some of the methods of promoting peace:

Intermarriages – among people of different ethnic groupings, intermarriages are a

good method for promoting peace. Some chiefs in the past used to ‘send’ some of
their subjects or children to go and marry into a foreign tribe as a means of forging
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 of exchanging human blood in a
ritual is conducted. This is called sikwamanyinga in Lozi. This act of friendship-
making is so strong that peace among such people is guaranteed for ever.

Reciprocity – This is a process where two or more different people exchange gifts or
favours in a mutual manner. When one person gets a gift, he/she gives something
back in appreciation.

Mutual Aid

This type of creating peace involves exchanging help, assistance or aid in time of
problems. When one person or group of people are experiencing problems, the other
people come in to give help. At some other time, the person or people who gave help
may themselves experience problems, at which 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.

Forgiveness

When somebody has committed an offence and people become kind enough to
forgive such a person, peace can be generated. But often, a pre-requisite to
forgiveness is apology and humility on the part of the offender.

Tolerance

This refers to a way of living with and accepting different or opposing viewpoints.
This process often creates peace because people expressing different viewpoints are
assured of being accepted and not condemned or punished.

Respect

This is very fundamental. It involves respecting other people’s cultures, opinions,

ideas, beliefs, religions, languages and human nature in general. African cultures
emphasize 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 which could lead to conflicts may be reduced.
Challenges to Peace

One challenge to peace is that some people argue that war and violence is organic,
meaning that war and violence are inevitable and unavoidable features of human
society. But other people argue that generosity and good heartedness are predominant.
Another challenge is that peace and justice are sometimes viewed as contradictions in
practical terms. If one believes that the only way to prevent injustice and create justice
is by force, then such a person believes that justice requires hostilities and war. This
approach is exemplified by the belief of Allied forces during the Great War in Europe
where Allies argued for a “War to end all Wars”. Unfortunately although the Allies
won the war, the resulting “peace” Treaty of Versailles only set the stage for the even
Bloodier World War II. Therefore, peace and justice may not always be achieved by
war. Yet another challenge to peace comes from people’s desire to have power and to
be at an advantage in relation to others. Such a situation often leads to competition
which may result into violence and war. This situation is seen in some religious and
ethnic groups. These groups sometimes see themselves as being oppressed and,
therefore, they resort to argue that violence and war are the only ways to defend their
religions or ethnic groups.

Examples of Peaceful Countries

 Sweden (1814 – present) – Sweden is the present day nation state with the
longest history of continuous peace. Since its invasion of Norway, the
Swedish Kingdom has not engaged in War.

 Switzerland (1848 – present) – This country is also famous for its long-lasting
peace.

 Costa Rica (1949 – present) – Following a 44 day civil war in 1944, Costa
Rica abolished its army in 1949. Since then, its history has been peaceful. This
has earned the country the nickname of “Switzerland of the Americas”.

 Zambia (1964 – present) – Since its independence, Zambia has not gone to
war with any country.

 Amish (1693 – present) – This is a sect of Anabaptists or Mennonites who are

of Swiss/German descent. The Amish practice a peaceful life style that
includes religious devotion, resistance to technological advancement and non-
resistance. They rarely defend themselves physically or in court. They often
object going to war as “on conscientious objectors”. Today, they live in close
communities in 47 states of the USA, Canada and Belize.

In addition to peaceful countries, there is a Nobel Peace Prize which is awarded

annually to notable peacemakers and thinkers who have overcome violence, conflict
or oppression through their moral leadership. The prize has sometimes met with

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controversy because some of the people awarded may have previously sponsored war
and violence but, due to exceptional agreements made with them, they may have
helped to achieve peace.

Exercise 1

1. From your own understanding of the word peace, how would you define or
explain it?
2. Do you think there is peace in your school? Explain your answer.
3. Describe situations of conflict in your classroom or your school.

Conflict

A just society will work harmoniously and will also be in a state of harmony with the
environment. If you are not in harmony with the environment you will be in conflict
with each other as human beings. Conflicts will develop into violence. We can
explain conflict as a quarrel, struggle or fight between two individuals, communities,
societies or countries. Conflicts may be physical, which means directed towards the
body. Violence, which is defined as extreme destructive force wilfully exerted against
someone, is always negative, and begins in our minds. It begins in our minds only
when we lose inner peace and harmony. It is also the first resort in conflicts. Conflicts
occur when the idea, needs, interests or goals of individuals, groups of people or
nations differ. Conflict shows itself through anger, hurt, frustration, resentment,
disappointment, quarrel, physical fight, verbal fight or using abusive language.

Conflicts can occur at individual level in a household involving a wife and a husband
or involving children in the same household. It is also common to witness conflicts
between parents and their children over certain fundamental family issues such as
marriage, farming land and other family properties (estates).

Conflicts can also occur at community, regional, national and international levels. At
each level the causes for the conflicts vary. In our study, we shall identify a number of
reasons or causes of conflicts in the world, with some examples coming from Africa
and Zambia. The following activity illustrates conflict at an individual level.

Activity 2

Conflict generated in Search of Livelihood. This is a true story of two women in

search of livelihood. But the names used are fictitious.

Hidaya and Nkem are two young female school leavers who have been out of school
for one year. Faced with difficulties of finding a job, and coming from families which
cannot afford to assist them further their education, both resorted to making good use
of their time by educating other young people. They engaged themselves in drama and
dance, wrote their own scripts and performed within their environment.

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The community was pleased with the work these young women engaged in as there
were always opportunities to learn from their performances. The commendation from
the community encouraged the girls to seek assistance in improving their skills in
drama. In pursuit of assistance, they went from one office to another, proposal in
hand, presenting their case. In almost every office they approached, they were
informed that their proposal was promising with excellent ideas but, unfortunately,
“we are not in a position to assist you now”.

This went on for months, until one day luck came across their path through a chief
executive of one of the organisations approached; his name was Mr Joseph Kaima.
He promised he could assist but, being a busy person, the women had to come after
office hours to present their case, at which time he would be less busy. The two young
women went to see Mr Kaima who reassured them of assistance and explained the
procedures which included a series of separate interviews to ensure individual
seriousness. Both were given their schedules. One interview followed another and, the
women were contented with progress. By the time Hidaya went for her third
interview, she was sexually harassed by Mr Kaima. Disappointed, frustrated and let
down, she narrated her encounter to her friend Nkem who advised her to report the
matter to the police. For lack of evidence the police could not assist Hidaya, as Mr
Kaima denied ever having any physical relationship with the young woman.
Reporting the case to the police also led to people in the community getting to know of
the incidence.

Various versions of the incidence started being rumoured. Both young women became
stigmatised and could not continue with their educational activities in their
community.

Exercise 2

1. What is the source of conflict in this story?

2. What responsibility could the local community have in Hidaya’s sexual
harassment?
3. Could the police have done any better?
4. What advice can be given to young women such as Hidaya and Nkem for the
continuity of their performance?
5. What should society do with people who behave like Mr Kaima?

Causes of Conflict

It is very important for you to understand societies in conflict before you begin to
prevent their conflicts. That is to say, if you want to understand conflicts you must
first study the histories of the people in conflict.

We also need to know that violent conflicts have taken place in all continents, not
only in Africa as it is portrayed in the media, especially on television, radio and in
newspapers. Some causes of conflicts 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

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 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 have
something to do with their histories and how they are interpreted today.

 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
independence in 1960 for the same ethnic reasons.

 Imbalance of natural resource

In the last 40 years population has increased very fast in many parts of the world.
The increased population has put too much pressure on natural resources. It has
threatened the economic survival of many local people. Such a situation has
created opportunities for conflicts as local people fight for the scarce resources
available. Burundi and Rwanda are good examples of countries where imbalance
in the natural resources has created violent 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 conflicts.

 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: Chad-Libya conflict over the Aouzou Strip in 1973 – 94; Cameroon –
Nigeria conflict over the Bakassi Island until 2004; Mali – Burkina conflict in
1986 and the Ethiopia – Eritrea conflict in 2001.

 Mismanagement of Economic Resources

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 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 minority controls the state.

 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 communities and, in so doing, initiating border incidents and fighting. For
example, the border incidents that were experienced between Zambia and
Rhodesia (Zimbabwe) and between Angola (especially during the period of
UNITA) and 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 Kaponya) who
are usually easy targets for war recruiters and political 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 justice. Civil
wars are civil conflicts that are caused by unjust practice of the existing
governments.

Activity 1

Conflict over Water: Sustainable use of the Kafue River

You will be asked to participate in a panel discussion or role play which focuses on
using the Kafue river amidst conflicting demands made on its water by various users,
as described below:

(a) People/Institutions Involved

(i) Representatives from copper mining and other industrial companies on

the Copperbelt and Lusaka Provinces (e.g. Nitrogen Chemicals of
Zambia and Mopani copper mine).

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 (ii) Representatives from commercial farmers, heavily reliant on irrigation
water from the river (e.g. Nanga Farms, Chindindindi Farm and
Mazabuka Kaleya Sugar Estate).

(iii) Representatives of small scale farmers and villages whose water jobs
and lifestyles would be lost or disrupted (e.g. the Batwa, Mbeza
community, islanders on the river). Also local cattle herders whose
grazing pastures are decreasing.

(iv) Representatives from the water companies on the Copperbelt, Lusaka

and Southern, provinces who have to provide everyone with clean
water.

(v) Local conservation groups (e.g. WWF Wetlands project) concerned

about the threat to animals and wild flowers, as well as water issues.

(vi) A pressure group from the city, who are complaining that they cannot
afford to pay higher water rates.

(vii) Custodian of the whole ecosystem who is concerned about sustainable

issues applicable to it (i.e. the Environmental Council of Zambia
(ECZ) under the Ministry of Environment, Energy and Tourism
(MENR).

(viii) Members of the Regional Boating and Water Sports Association, who
depend on open water for sports facilities.

(ix) Association of fish traders and fishermen concerned about quality

water for increased fish stocks and sales.

(x) Traditional leaders who claim rightful historical ownership of the

catchment areas.

(xi) Politicians who are concerned with local investments which should
profitably use water and, at the same time concerned with ensuring
water security for the country.

(xii) Power generating companies like ZESCO.

Exercise 3

1. What did you see and hear happening in the drama?

- what main development question, issue, problem or opportunity arises from

the present styles of water use and the environment of the Kafue river.
- what varieties of values and attitudes exist currently in the way the Kafue river
is used?

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2. Use available data and evidence to describe in detail the development questions,
issues, problems or opportunities in the way the Kafue river is currently used.
Classify the different values and attitudes held by various water users using your
own self-devised scheme.

3. Why do you think these development questions, issues, problems or opportunities

exist in the Kafue water basin?

- Similarly, why are there such diverse and competing values and attitudes over
the water?

4. What might happen to the waters of Kafue river in 20 years from now given
these development challenges and values?

- What alternatives do you propose to avoid these likely impacts?

5. Given these value positions and data, what decision would be best for the river
basin and how best can such a decision be arrived at?
- Who should be involved in this decision and
- what would be the probable impacts of such a decision?

6. What values and ideas are important to you as an individual pupil from this
situation?
- What future courses of personal actions will you take?
- On what basis do you justify your personal decision and action?

7. As a result of this activity, decide whether or not:-

- to take action oneself or with others on this issue
- to initiate action on this issue by contacting those in positions of power
- to take action to change aspects of one’s personal lifestyle/actions which
may affect future issues
- to take no immediate action, but to conduct further inquiries in order to
clarify issues futher.

What happened to the Chishela Fish Resource?

Read the story:-

“ In the year 1970, I was travelling by bus from Lusaka to Kaputa Boma when our bus
reached a place called Chishela which had a river and pontoon. Because everyone had
to alight from the bus, I also did the same at that pontoon place. Then I walked down
near to the banks of the river Chishela in order to wash my hands. Chishela river
drains into Lake Mweru-wa-Ntipa. The area is also along a highway from Kaputa
Boma to the Copperbelt, making transportation easy.

Before I could wash my hands into the river, some local person nearby shouted at me
sternly that people are not allowed to wash in the Chishela river because it is infested

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with crocodiles. Usually, crocodiles are a sign of plenty of fish. In the nearby villages,
fishing was the main activity which sustained the people.

They caught fish, smoked it and transported it to Kasama and the Copperbelt where
they sold it. Many fishermen had prospered through the sale of fish. They bought
clocks, radios, furniture, better blankets, clothes and built better houses. Over the
years the village had grown very big and the number of fishermen had increased. The
fisheries officers observed that some villagers fished during the fish ban between
December and February. This is the period when most fish spawn and the young fish
are born. The fisheries officers convened a meeting and told the villagers of the need
to stop fishing during the fish ban. They indicated the advantages of the fish ban as
follows:

1. enables fish to lay eggs and reproduce

2. allows small fish to grow big,
3. increases fish stocks

The fishermen argued that fishing was their sole activity and that it was inconceivable
that fish could finish. So, they felt the game scouts were simply interfering in their
business. The fisheries officers however advised them to:-

 stop fishing during the fish ban period,

 stop using nets with small eyes especially mosquito nets,
 stop using fish poisons and explosives to catch fish.

The fishermen were, however, adamant and threatened to kill the fisheries officer, if
they persisted to harass them. They continued to fish during the fish ban period and
to use nets with small eyes and fish poisons to catch as much fish as possible. By
October, 2007 the river was over-fished. Fishermen would spend the whole night
casting their nets and by morning they only had a handful of fish or nothing. Misery
descended on the village and for some days, fishermen remained speechless.

Finally, three fishermen were brave enough to approach the headman and asked him
to convene an urgent meeting. The main item on the agenda was to find out what had
caused the misfortune that had befallen them. Why were they not catching any fish?
They accused each other in numerous ways, including that they have offended the
ancestral spirits. Some, however, reminded them of the words of the fisheries officers.
The following day they summoned the presence of these game scouts. They put the
questions of why the river was not giving fish to them. The officers told them this was
what they had feared would happen. The river was over fished. They were advised to
stay away from fishing for a whole year. But the villagers asked the fisheries officers,
“ What shall we be doing the whole year.?” This was the beginning of the
disintegration of that once upon a time big, thriving village of Chishela.

Exercise 4

I now need to answer the following questions based on the story:

1. What lessons do you learn from the story?

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 2. What problems of a developmental nature can be identified from this story?

3. What range of factors brought about the over fishing situation in which
Chishela people found themselves in?

4. List and classify the main values and attitudes held by various actors in the
situation by grouping them into positive and negative attitudes/values.

5. Why did the people of Chishela village behave that way towards the fisheries
officers during their first meeting? Were those people’s actions/arguments
justified? Why are there differences in opinion between the local people and
fisheries officers.

6. What alternative solution did the local people and fisheries officers have in
this situation? What would have been the likely effects of such alternative
solutions?

7. Given the results of the now under-developed Chishela river community, what
decision can be made and by whom to address their plight?

8. As an individual, who would you have supported between the local people and
the fisheries officers? Give reasons for your answer.

Impact of Conflicts in Africa

Although some people have different opinions on them, conflicts in whatever form
are predominantly negative to the people. The following are some of the negative
impacts of conflicts:

(a) Negative Impacts:

 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 bring
frightening human suffering.

 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
North-Western province, Mayukwayukwa in Western province,
Ukwimi in Eastern province and other parts of Northern and
Copperbelt provinces.

 Where conflicts take place, the infrastructure is badly damaged. These

include bridges, buildings, airports, seaports, telecommunications and
railway lines. Examples are found in Southern Sudan, Chad, DRC,
Angola and Mozambique where wars have extensively destroyed parts

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 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 wars of independence.

 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 to transport their produce to the markets.

 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 stops investors
from establishing industries in the countries experiencing conflict.

 By nature, civil conflicts or conventional wars destroy the

environment. There is environmental degradation in places of war in
Africa and 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, policy-
making processes, and communication channels of the state. In such
cases, the government becomes ineffective and unable to provide
public goods and services.

 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
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 strong
political 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

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 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, due to lack of training, they have
become vulnerable.

 Refugee In-flows
Associated with armed conflicts is the refugee situation the in-flow of
refugees creates burdens and grievances in neighbouring countries and
the possibilities of spill-over conflicts.

 Small and light weapons acquisition and proliferation

In addition to the refugee situation, armed conflicts also escalate and
contribute to the acquisition and proliferation of small arms and light
weapons. These are readily available when no disarmament of the
fighters takes place before they flee as refugees.

 Group Mobilisation
In civil conflicts there is a tendency by various identity groups to form
exclusive organizations to pursue their interests and grievances (e.g.
nationalist groups, ethnic – based political parties). As a result of such
call-up, society in turn is sharply divided along ethnic, language,
religious, or class lines, thereby bringing about negative or hostile
perceptions of the other groups.

(b) Positive Gains of Conflicts:

Although conflicts are generally negative to the well-being of societies, they

are also beneficial to a number 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 exploited by foreign
armies in control of the territory.

 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.

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  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 peninsular 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, Zimbabwe and Namibia. Such alliances have
cemented political unity.

 Those who work hard to bring peace in the regions of conflicts also
benefit from the conflicts. They send peace-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 co-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.

Methods of Resolving Conflicts

Conflict resolution is the settlement or avoidance of disputes between individuals or

groups through solutions that avoid violence and attempt to re-unite and re-harmonise
the people in conflict. Conflict resolution is also a means to maintaining peace, which
in turn enables society to develop itself.

When a conflict occurs, it does not stop quickly. Some conflicts have taken few years
while others have taken many years. For peace to prevail, conflicts must be resolved
for the benefit of the affected communities. There are many ways of how conflicts are
resolved. Take note that there is no best conflict resolution method. All the methods
are tried from time to time to see which one is better for a particular conflict.
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, others may 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 to solve the problem. This helps to
relieve the conflict and the individuals change their behaviours positively.
Counselling is good for interpersonal (between persons) conflicts.

 Negotiation

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 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’s
Liberation Movement in Southern Sudan is a good example of negotiation.

 Mediation
This is a method of conflict-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 balancing the two sides and
drawing them closer to each other by accommodating each other’s views before
reaching a resolution. The mediator is accepted by both sides. The mediation that
went on to try and solve the Lunda-Luvale conflict in Zambia is a good example.

 Arbitration
This is a conflict-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 implementation
depends on both parties accepting the final decision.

 Litigation:
This is one of the conflict resolution methods that allows 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.

Shanty Kids in a Dilemma

Every lunch hour, children from the shanty compound close to your school are seen
rummaging through the garbage heap for left-over food to eat. This has been going on
for the past two years and no one has been concerned about the situation. However,
six months later, some pupils’ properties started missing from the school premises:
shoes, walkie talkies, belts, little cookers, sun-glasses and so on.

The situation became worse by the day and in the end, the children from the shanty
compound were banned from coming to pick up left over food from the school
rubbish dump. If anyone of them contravened the ban, they were either beaten up or
detained until their parents came for them. Sometimes the parents delayed for two
days, thus starving the children for the period. And when parents came, they were not
only insulted but, sometimes, handed over to the police.

When asked, both parents and children denied stealing from pupils but that they came
for left-over food, which enabled them to feed their families.

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Exercise 5
Answer the following questions:

1. Did the school community act well in banning the children? Give
reasons for your answer.
2. Do the pupils have any responsibilities towards this shanty compound
community or children? Give reasons.
3. What method of conflict resolution would you have applied to settle
the dispute between the two communities? Give reasons for the choice
of your method.

Creating a Culture of Peace

Peace is what should prevail in any country. But peace can only be in our hearts and
minds if we respect other human beings. At personal level, it is important to work for
justice if we want peace in our homes or communities. It starts with the individual
who is just (fair) in his/her daily activities. We should control our anger, the hate we
have for other people and control the resentment that we harbour in our hearts for
other people.

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

culture of peace in a country. Bad governance breeds anger and hate that will explode
into serious conflicts. Good governance promotes justice. In an environment of
harmony, it is easy to promote positive social and economic development for the
benefit of all citizens. Civic Education aims at awakening in you and me, a peace of
the body, peace of the heart and peace of the mind. Once you grow into an adult you
should help promote peace by working for justice. The following activity, however,
illustrates the point that good governance is sometimes not easy to implement in
ordinary life.

Read the following passage, make a role play out of it and answer questions that
follow:

The Club Braai

A religious association leader asks his/her social committee to decide on a programme

of dances, games and prizes for the club’s ‘Braai.’ A few days later the social
committee chairman hands the programme decided upon to the leader.

The association leader observes that the committee has arranged for prizes of
alcoholic drinks. The leader objects to this, but the chairman refuses to make any
change as he argues that the form the prizes should take had been left for the
committee to decide. He also says that if the decision is not agreed to, he and other
members of the committee will boycott the party, as their decisions must be respected.
Besides, it is democratic that the views of the committee are considered rather than
those of an individual.

The association leader persists with his objection on the grounds that this is a religious
association which cannot be seen to be promoting beer drinking. The chairman and
most of the members of the committee resign. They also enlist support for their view

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among other members with the result that the ‘ Braai’ was poorly attended. This leads
to adverse comment from the club’s management committee, some of whose
members attended the ‘ Braai’.

It also leads to much bad feeling in the club between members of the club who
attended the Braai and those who did not. There is a fear that this may lead to
segregation within the association.

Exercise 6

1. Identify conflicts in the passage.

2. What were the causes of these conflicts?
3. If you were the religious association leader, how would you have handled this
case? Give reasons for your answer.

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 CHAPTER 8

HIV AND AIDSEDUCATION

Specific Learning Outcomes:

 Define HIV and AIDS

 Describe factors which expose people to HIV Infections.
 Analyse different measures used to prevent the spread of HIV and AIDS.
 Analyse the impact of HIV and AIDS at individual, community and national
level.
 Discuss HIV and stigmatisation.
 Outline various ways used to protect the rights of HIV infected persons.
 Discuss HIV and AIDS mitigation strategies in relation to treatment, care and
support.
 Analyse Zambia’s National HIV and AIDS (draft) Policy.
 Identify institutions and organisations and their roles in dealing with HIV and
AIDS.

Background Information

The HIV and AIDS pandemic has become an issue of great global concern. HIV and
AIDS has had a serious impact on the people’s health and development. It has
become a serious problem in sub-Saharan Africa, including Zambia. In the early
1980s, the first case was discovered in Uganda and it was called ‘sliming disease’.
Later, it was discovered in Zambia by professor Belly who treated patients with
Kaporsis Sycoma, which is known to be an HIV and AIDS related disease.

Between 1980 and 1990, HIV incidences had spread quite quickly among the
Zambian population. According to UNAIDS estimates the HIV prevalence rates had
reached about 4.8 million people who had been newly infected in 2002. Out of these,
3 million were sub-Saharan Africans and the rates of infected women were
significantly higher than those of men. In 2003, there were approximately 37.8
million people infected, 23 million of whom were sub-Saharan Africans.

What is HIV?

HIV is an acronym that stands for Human Immuno-Deficiency Virus. HIV is a virus
which causes AIDS. HIV destroys the body’s immune system. When the body loses
its ability to fight against common diseases, it becomes weak. Once in the body, HIV
attacks the immune system cells which perform various tasks critical to the normal
functioning of the immune system. When one is HIV positive, he or she has the AIDS

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virus in the body fluids. In women, the virus is found in the vaginal fluid and in men it
is found in the semen. The virus is also found in blood.

When the virus eventually destroys the immune system, the infected person begins to
suffer from opportunistic infections. If one has HIV in the body, one is said to be
HIV positive. One may not feel sick immediately. The virus stays in the blood and
one may look healthy for many years.

AIDS

AIDS stands for Acquired Immuno-Deficiency Syndrome. When HIV enters the
body, the immune system becomes weaker and weaker. As the body becomes weaker
and weaker, it loses its power or ability to fight diseases. Opportunistic infections that
affect people with AIDS are communicable diseases like tuberculosis (TB). Others
are not communicable, such as pneumonia, malaria, diarrhoea and HIV related
cancers like Kaposis Sycoma.

The difference between HIV and AIDS is that HIV is the virus, while AIDS is a
condition. A person who is infected with HIV can still be healthy looking. Although
the virus is in the body, the virus has not yet started attacking and destroying the
white blood cells. On the other hand, the immune system of a person with a high
concentration of the virus has lost its strength and such a person suffers from different
diseases. That is why this condition is referred to as a syndrome. At this stage, AIDS
has developed.

It is important to note that after contracting the HIV, the infected person may not
develop fully blown AIDS immediately. The period from infection to development of
AIDS may range between 1 – 20 years. In some cases, it may take longer than this.
With some people, AIDS may kill them within a short period of time.

Factors Which Expose People to HIV/AIDS

The following are the factors which may expose people to HIV.

(a) Environment: Places such as disco houses, bars, and night clubs in which
people socialise may provide conditions that may expose people to contract
HIV. This is because when one is drunk, one may lose self-control, such that
chances of engaging in unprotected casual sexual activities increases. Other
risky environments include social gatherings, boarder towns and fishing
camps.

(b) Social: Lack of recreation facilities such as sports fields, recreation halls and
parks tend to tempt some people, especially the youths, to engage themselves
in anti-social behaviour which may include drug abuse. Drug abuse may lead
people into unprotected casual sex activities. Peer pressure, especially among
the adolescents, may also lead such youths to practise unsafe sex.

(c) Economic Pressures: Economic pressures on people include poverty,

business practices and commercial sex work.

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 (i) Poverty: poverty is one of the factors that bring economic
pressures on some individuals, especially in towns. Poverty may
arise as a result of being retrenched from work or the death of a
bread winner. As a way of survival, some people may start
engaging themselves in unprotected sex to raise money for their
basic needs.

(ii) Business practices: Due to economic pressures, one may engage

oneself in cross boarder trade. This activity has its own pressures,
such as paying customs duty to clear goods, and paying for
accommodation which in most cases is shared. Such situations
make some people vulnerable to sexual abuse.

(iii) Commercial sex work: Commercial sex workers are people who
use sex as a source of income. Commercial sex work is not only a
risky factor for HIV contraction, but is not socially and morally
accepted in the Zambian society. This activity makes people
involved have sex with multiple partners and at times involves
unprotected sex.

(d) Cultural practices: Cultural or traditional practices are aspects of life that a
particular society recognises as a way of life. However, not all cultural
practices are good. With the presence of the HIV and AIDS pandemic, some
cultural practices are being discouraged. These include the following:

(i) Sexual cleansing: Sexual cleansing involves the cleansing of a

surviving spouse through sexual intercourse with a selected relative
of his or her dead spouse as a way of getting rid of the dead person.
This practice poses a high risk for HIV transmission because before
the act, none of the partners is tested for HIV and there is no use of
condoms.
(ii) Circumcision: This is a traditional practice done by some tribes in
Zambia and elsewhere. Circumcision is considered as a way of
cleaning a young man and initiating him into adult life.
Circumcision may be a risky practice that can expose the initiate to
HIV if an un-sterilized razor blade or any sharp instrument once
used on someone who is HIV positive is later used on several other
people.
(iii) Polygamous marriages: Polygamy is an old cultural practice in
which men believed that having more than one wife changed their
status in society. One was considered rich, powerful or prestigious
if he had more than one wife. Nowadays, polygamous marriage
increases the chances of contracting HIV because it involves
multiple sexual partners. In some cases, unprotected sex is
practised while in some cases dry sex is practised as a way of
winning favour from the spouse. Dry sex may result in bruises that
may allow HIV to penetrate the body if one of the partners is
infected.

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Exercise 1

(a) Define the acronyms HIV and AIDS and state the difference between the two.

(b) Discuss any traditional practices which can expose people to HIV and AIDS.
Suggest ways of how such practices can be discouraged.

MODES OF HIV AND AIDSTRANSMISSION

HIV virus spreads from one person to another in several ways. The most common
way of transmission is through sexual intercourse with an infected partner. Apart from
sexual intercourse, HIV can also be transmitted through blood transfusion, sharing of
un-sterilized needles, razor blades and other sharp instruments and through mother to
child transmission.

 Unprotected sexual intercourse

Unprotected sexual intercourse means sexual intercourse without wearing a

condom. Since the virus is concentrated in body fluids such as semen, vaginal
fluids and the blood, the virus easily finds an entry point during sexual
intercourse, especially if one of the partners has a cut, bruises or a sexually
transmitted infection such as gonorrhoea, syphilis, chancroids or herpes.

 Contaminated blood

HIV can also be passed on from one person to another through blood
transfusion, injuries or use of infected blood products and donated organs. As
a result of the HIV pandemic, all donated blood is screened before it is used to
ensure that it is safe.

 Un-sterilized needles or sharp instruments

Needles, syringes and other sharp instruments contaminated either with blood
or other body fluids put another person at risk of contracting HIV when used
without being sterilized.

 Mother to Child Transmission (MTCT)

HIV can also be transmitted from an infected mother to her child during
pregnancy, delivery or breastfeeding.

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 (i) During pregnancy. The HIV may be transmitted to the unborn
baby during pregnancy through contamination of the mother’s
blood. This happens when a placenta gets bruised through injury.
The infection rate during this time is about 21%.

(ii) During labour and delivery: A baby may get infected with HIV if
it comes into contact with infected blood or vaginal secretions of
the mother. This happens when the linings get cut or bruised during
delivery. The rate is estimated at 65%.

(iii) After birth: When a child is born, the skin in the mouth is very
delicate such that when it sucks on cracked nipples, it may sustain
bruises and may get the virus. Transmission rate during this period
is estimated at 14%. It is, therefore, usually advisable to discuss
this issue with a counsellor, preferably before birth, so that a
decision is made to either breastfeed or not. Mothers are usually
advised to breastfeed exclusively for 6 months without the
introduction of any hard food to avoid bruises in the mouth of the
baby.

Exercise 2

(a) Go through the following statements:

For each statement, state whether it is true or false giving reasons for your
answer.

(i) HIV and AIDS are the same.

(ii) If a woman is pregnant and is HIV positive, she will always have a
baby who is infected with the virus.
(iii) If you kiss a person who is HIV positive you will not get the virus.
(iv) Only homosexuals are free from contracting HIV/AIDS.
(v) HIV is mainly present in semen, vaginal fluids, blood and breast
milk.
(vi) You can always tell if someone is infected with the HIV by merely
looking at them.
(vii) You may get HIV by having unprotected sex with an infected
person.
(viii) A man who has sex with a virgin can be cured from HIV.
(ix) If you test HIV negative, you can have unprotected sex.
(x) Condoms are 100% safe.
(xi) Only people with multiple partners will get infected with HIV.
(xii) There is no cure for AIDS.

Impact of HIV and AIDS in Zambia

HIV and AIDS has had an impact on the Zambian society. It has had an effect on the
individual, the community and the nation at large.

Individual level

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At the individual level, the impact of the disease is on the family. Spouses have died
either at the same time or within a short period of time of each other’s death. Such a
situation creates orphans who have to be taken care of by other members of the
family. It is common knowledge that many grandparents today are looking after many
orphaned children. Some of these orphans are themselves infected with HIV. This
causes a serious economic drain and social pressures on individuals and families who
have to look after the orphaned children. Other than economic and social pressures, a
lot of time is spent looking after those ailing infected persons, taking them to clinics
and hospitals for treatment.

Community level.

At the community level, many peopled are experiencing the adverse effects of the
HIV and AIDS pandemic. Teachers, police officers, medical personnel and other
professionals, as well as non professionals, have died or are sick and hence are no
longer productive. A lot of time and resources spent at funerals and attending to the
sick in the community disrupt activities that would otherwise contribute to the well
being and development of communities. In rural communities, the epidemic has
deprived such communities of the most productive labour-force, leaving only the old
and the very young to cultivate the land. Adequate food production and assured food
security, therefore, cannot be sustained in such communities.

National level

At the national level, the government, industries and other economic enterprises lose
millions of money and man-hours as a consequence of infected and sick workers who
continue drawing salaries without reporting for work regularly. When they do report,
their performance is below expectation. These workers cannot be replaced by healthy
ones because it is illegal to dismiss someone from work on account of their HIV
status. During illness and funerals, the government and companies lose a lot of money
buying medicines for treatment, coffins, and paying funeral grants. Production is also
affected adversely because sick workers cannot produce as much as healthy workers.
Consequently, the economy of the nation cannot prosper.

Exercise 3

a. Write an essay outlining the impact of HIV and AIDS in community in the
which you live.
b. Discuss how HIV and AIDS can negatively affect the economy of Zambia.
Summarise the points.

STIGMA AND DISCRIMINATION

 Stigma

Stigma is a quality that discredits an individual or a group of people in the

eyes of others. In the AIDS context, stigma is defined as negative thoughts
about a person or a group of people based on one’s untruthful opinion.

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 Stigma is associated with behaviour that may be illegal or forbidden by
religious or traditional teachings, such as pre-marital and extra marital affairs,
commercial sex work, a male having sex with a fellow man, a female having
sex with a fellow female (homosexuality) and injecting drugs.

HIV and AIDS related stigma does not naturally exist. It is created by
individuals and by communities.

 Stigmatisation
This is a process in which negative qualities are pronounced, for example, the
colour of the skin, the way someone talks, the things they do. This process can
be quite arbitrary. Within a particular culture or setting, certain attributes are
seized upon and defined by others as discreditable or unworthy.
Stigmatisation, therefore, describes a process of devaluation of something.

 Discrimination
HIV and AIDS related discrimination is an action resulting from stigma. It
occurs when a distinction is made against a person that results in the person
being treated unfairly and unjustly on the basis of their actual or presumed
HIV status. HIV related stigma and discrimination is widespread. In Africa
and other parts of the world, such stigma results in rejection, denial,
discrediting and consequently leads to discrimination, which inevitably leads
to the violation of human rights.

The following are some of the reasons why people stigmatise and discriminate against
people with HIV and AIDS:

 Lack of understanding of the disease.

 Myths about how HIV is transmitted.
 Untruthful opinions

The Rights of People Living With HIV/AIDS

As a result of discrimination, it is necessary for the law to protect people with HIV
and AIDS. In Zambia, the constitution protects people against discrimination and
guarantees fundamental freedoms and rights under Article 23. Even though the article
does not mention HIV and AIDS, people living with HIV and AIDS can claim justice
through articles contained in the International Convention on Civil and Political
Rights, which Zambia has agreed to fulfil. Some of these rights are:

 An infected person has a right to make his or her own decisions about medical
treatment, and therefore, cannot be forced to test for HIV. A person should
also not be subjected to medical or scientific experiments without him or her
agreeing to it. Testing for HIV should only be done at the request of the person
who wants to be tested. Hence, a parent cannot force his son or daughter of
‘mature’ age to test for HIV, on the basis of parenthood.

 The right to life is guaranteed to every human being, including a person

infected with HIV and AIDS.

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  The right to liberty ensures that a person living with HIV and AIDS is free to
enjoy life and should not be detained or restricted in movement on account of
his or her status.

 The right to confidentiality and privacy guarantees the right to keep

information about one’s status to oneself and no one, including an employer,
can force one to have an HIV test or disclose his or her status.

 People living with HIV and AIDS have freedom of expression. They have the
right to give and receive information. This freedom entitles persons to receive
information on HIV and AIDS, regardless of where he or she is.

 Freedom of movement means that a person living with HIV and AIDS is free
to travel in and outside the country. Such a person should not be forced to live
in a separate place or denied visas on account of his or her HIV and AIDS
status.

 Freedom of assembly and association ensures that persons living with HIV
and AIDS have the right to marry, have a family, and join an organization or a
political party of one’s choice regardless of their HIV and AIDS status.

 The right to health includes access to medical treatment or right to refuse

medical treatment in line with one’s social or religious convictions. For
example, the Jehovah’s Witnesses’ refuse blood transfusion.

When a person’s rights are violated, whether HIV and AIDS infected or not, one can
sue the violator in the high court. This is the court mandated to hear human rights
violations cases. From the high court, appeals may be made to the supreme court,
whose decision will be final. Court cases are expensive and cannot be afforded by the
majority of the people in Zambia. However, the constitution of Zambia established the
Commission for Investigations and The Permanent Human Rights Commission as
institutions to protect and promote human rights. There are also civil society
organizations that protect and promote human rights that can take on cases of human
rights violations and ensure that justice is done.

Exercise 4

1. Read the situations described below and state, giving reasons, whether
stigmatization has taken place or not:
 Suzen works for a company that manufactures protective clothing. She
is HIV positive and at work her colleagues do not share cups with her
or touch her property.
…………………………………………………………………………..
 Mutale has been engaged to Mutinta for three years. He recently
discovered that he is HIV positive and he told his fiancee Mutinta.
From the time he told her his HIV status, she neither sees him nor talks
to him.
…………………………………………………………………………

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  Masautso who is HIV positive applies for a job and so does
Saimbundu, who is HIV negative. Saimbundu is given the job because
he has worked in a similar job before.
…………………………………………………………………………
 Namonje and Kalaluka apply for visas to go to Australia for studies.
On the application form, Namonje indicates that she is HIV positive.
She is denied a visa and Kalaluka is given one, yet both have the same
qualifications.
…………………………………………………………………………
 Shamilimo is a very attractive single man and he longed to have an
intimate relationship with Kyalilusa. However, upon learning that he
was a widower she becomes hostile and refuses to have anything to do
with him.
…………………………………………………………………………
 Kabaso was recently dismissed from his job because of numerous
absenteeism from work. He claims that he was fired because of his
HIV status.
…………………………………………………………………………
 Tukiya is parents both died of AIDS. At her boarding school, she
attributes every difference she has with other pupils to her status of
being an AIDS orphan. She now does not have any friends.
………………………………….……………………………………..
 Mantomba applied for a plot to build a house. The city councillors,
after evaluating the financial status of fifteen applicants only offered
land to seven. Manjomba was among the people rejected. He sued the
city council for discrimination, claiming in his affidavit that his HIV
and AIDS ‘looks’ influenced the councillors’ decision to deny him
land.
…………………………………………………………………………..
 Mutobelwa is a professional football player. He learns that he is HIV
positive and informs his coach in confidence. Since then he is always
on the substitute-bench during football matches.
…………………………………………………………………………..

Activity 1

1. Do a role play on the effects of stigmatising People Living with HIV/AIDS.

2. People Living with HIV and AIDS (PLWHA) are called all sorts of names,
such as ‘Kanayaka’, ‘fyalibila’ and are referred to with such phrases as
‘moving coffin’. Find out and compile a list of other ‘names’ and phrases
labelled at PLWHA by people in your local area and state why this should be
discouraged.

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Treatment, Care and Support

HIV AND AIDShas no cure yet. The treatment available in Zambia is antiretroviral
(ARV) drugs. These drugs help to reduce the level of HIV in the body and boost the
CD4 cells which are necessary to fight infection in the body. They help people live
longer with the virus. ARVs slow down the speed at which the HIV attacks the body
immune system.

When people are taking ARVs, they do not get sick as often as when they were not.
Once a person starts taking ARVs, he or she must take them each day and at the right
times for the rest of one’s life. ARVs make your immune system become stronger and
the body becomes stronger, thus making the CD4 cells in the body increase.

The virus does not completely disappear, but goes to sleep. It does not replicate itself.
This is why one remains infectious even if they are on ARVs and can still infect
others.

It is important to know one’s status regarding HIV in order to live positively and
improve one’s chances of staying healthy for a longer time. However, one cannot
know the HIV status unless one goes for voluntary counselling and testing.

One can live positively with HIV by having an active social life, eating nutritious
foods, avoiding alcohol and tobacco, avoiding stress and self-pity, and developing a
strong spiritual attitude.

Strategies for Treatment, Care and Support for HIV and AIDS Patients

 Establishment of HIV and AIDS community care and support centres e.g.
hospices.
 Establishment of Voluntary Counselling and Testing (VCT) centres e.g.
KARA Counselling Centre.
 Conducting advocacy campaigns e.g. advertising messages about HIV and
AIDS care and support.
 Integration of HIV and AIDS in the school curriculum.
 Development of policies that integrate HIV and AIDS and human rights.
 Promotion of participatory and peer education.
 Strengthening of community HIV and AIDS programmes
 Involvement of people with HIV and AIDS in mitigation strategies.

Voluntary Counselling and Testing

Though voluntary counselling and testing (VCT) facilities have been established in
many places throughout the country, very few people are volunteering to go for HIV
testing for fear of knowing their status. Voluntary counselling and testing refers to a
process through which an individual voluntarily seeks counselling to prepare for an
HIV test.

V- Voluntary: Going for counselling out of your own free will without
being forced.
C - Counselling: Trained counsellors help you to understand the process

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 and the results.
T - Testing: The process of getting a sample of blood from an individual to
see if that person has the antibodies of HIV in the blood.

STAGES OF VCT

Pre-test counselling
 This is given before the actual testing to prepare people for the test and results.
Individuals or couples receive information on HIV, the test, benefits of VCT,
and risk assessment. They discuss confidentiality of results, anticipated results,
implications of the result and begin to make plans for the future. Some people
need more time to think through about the test after this session.

Testing

 The HIV test is usually done by taking a small sample of blood. When tested
at a VCT centre results are ready the same day.

 The first test is considered a screening test. When the result of the screening
test is HIV positive, a second test is required to confirm the HIV status. The
second test is different from the first one to make sure that the diagnosis is
accurate.
 The commonly used rapid result in Zambia is Abbott for screening and Gene
II or Uni – Gold for confirmation.

 They are used in special cases such as pregnancy and immediately after child
birth, where it is important to get an HIV diagnosis. During the window period
other tests would be negative.

Post-test counselling

 This is done when the results are given and discussed. Psychological and
emotional support is given to help people deal with the result of the test,
whether negative or positive. It also includes counselling on how to prevent
the spreading of the HIV. VCT centres will refer people to respective health
centres for appropriate care and treatment.

National HIV/AIDS Policy

The National HIV and AIDS, STD and TB Council, on behalf of the government,
through the Ministry of Health, formulated the National HIV and AIDS Policy in
May, 2004.

The document comprises policies and instruments which are aimed at coordinating
and strengthening the national response against the HIV and AIDS pandemic.

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The HIV and AIDS pandemic threatens to undermine productivity, delivery and
quality of services in Zambia. The effects of the pandemic will continue to impact
negatively on the socio – economic development of the country. For example,
specifically diminished supply of productive personnel in the economy and
absenteeism from work due to re-current sickness or early retirements.

In the absence of a cure or vaccine for HIV and AIDS, the only way to stop the spread
of HIV is through attitude and behavioural change through education. Education is
key in preventing and mitigating the adverse effects of HIV and AIDS on individuals,
families, communities and society.

The national policy operates according to international conventions, national laws,

policies, guidelines and regulations. The national policy provides the framework to
respond to the concerns and needs of the infected and affected persons. The policy
stipulates the following:

(b) Privacy and Confidentiality: Every person has a right to privacy and
confidentiality in respect of their health, including information related to
their HIV status.

(c) Precautions in workplaces: All persons in workplaces have a responsibility

to minimise the risk of HIV transmission from person to person. Therefore,
there must be zero tolerance for sexual harassment, abuse and exploitation.

(d) Protection from discrimination: Every person has equal rights,

opportunities and responsibilities regardless of his or her HIV status.

(e) Access to care, treatment and support: Infected and affected persons have
the right to access holistic care, treatment and support, either in private and
public health institutions.

(f) Access to information: Every person has a right to access accurate and
complete HIV and AIDS Information.

(g) Labour practices: All employees have the right to fair labour practices,
regardless of their known, perceived or actual HIV status.

(h) Research: The design and implementation of interventions and alternative

remedies shall be guided by scientific research findings and best practices.

Prevention

Preventive measures shall be aimed at the creation of a safe environment that prevents
further HIV infection.

 In the absence of a cure or vaccine, education and awareness are important in

HIV and AIDS prevention programmes. Further spread can be limited by a
well informed citizenry and responsible behaviour. Thus accurate, factual and
up-up-to-date information on the pandemic should be readily available. Side
by side should be information on other sexually transmitted infections and

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 opportunistic infections as well as guidance on how to achieve and maintain a
healthy lifestyle, and reduce stigma and discrimination.

 Training of peer educators who should be in a position to use a variety of

communication methods to deliver appropriate HIV and AIDS preventive
messages in order to promote and reduce risky behaviour.

 Every person should be made aware of universal infection control precautions

which should be administered by trained personnel, wherever there is a risk of
exposure to blood, including accidents. Universal infection control precautions
include the following:

(i) Blood spills such as from nosebleeds and bloodstains should be

handled with extreme caution. Skin accidentally exposed to blood
should be washed immediately with soap and running water. All
breeding wounds, sores, breaks in skin, grazes and open skin
lesions should be cleaned immediately with running water and / or
other antiseptics.

(ii) Disposable bags or incinerators must be made available to dispose

of sanitary wear.

(iii) All open wounds, sores, breaks in the skin, grazes and open skin
lesions should be covered completely and securely at all times with
a non-porus or water proof dressing or plaster to reduce the risk of
exposure to blood.

(iv) All persons should wear protective latex gloves or unbroken

plastic bags over their hands when attending to blood spills, open
wounds, sores, breaks in the skin, grazes, open skin lesions, body
fluids and excretions.

(v) Blood-contaminated material should be sealed in a plastic bag and

incinerated or sent to an appropriate disposal firm. Tissues and
toilet paper can be flushed down in a toilet.

(vi) Needles, razor blades, syringes and other sharp instruments should
be safely disposed of and not re-used.

(vii) If operating instruments such as scissors become contaminated

with blood or other body fluids, they should be washed and placed
in a household bleach solution for at least one hour before drying
and re-using them.

Activity 2

1. Invite an HIV and AIDS home based care provider or counsellor to share their
experiences on care or counselling.

Institutions and Organisations Dealing With HIV/AIDS in Zambia

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The Ministry of Health is the main institution dealing with HIV and AIDS in Zambia.
Besides the University Teaching Hospital (UTH) in Lusaka, the Ministry has a
network of hospitals, health centres, and clinics throughout the country. Most of these
health institutions have facilities which offer services such as voluntary counselling
and testing (VCT) and antiretroviral therapy or treatment (ART). They give
antiretroviral drugs (ARVs) to people infected with HIV to slow down the activity
and the multiplication of the HIV in the body. Other institutions dealing with HIV and
AIDS in Zambia include the United Nations, through its UNAIDS country office in
Lusaka, private hospitals and clinics, and non-governmental organisations (NGOs).

The following are examples of institutions and organisations dealing with HIV and
AIDS issues in Zambia:

 The National HIV and AIDS Council.

 Kara Counselling and Testing Centre.
 New Start Counselling and Testing Centre.
 Hope Humana People to People Centre.
 Network of Zambian People Living with HIV and AIDS (ZNZP+).
 Planned Parenthood Association of Zambia (PPAZ).
 The Family Support Unit (at the University Teaching Hospital).
 Zambia Health Education and Communications Trust (ZHECT).
 Zambia Business Coalition on HIV and AIDS.
 Family Health Trust.
 Africare-Zambia Drop-in Centre
 Copperbelt Health Education Project (Kitwe).
 Sepo Centre (Livingstone)
 Human Rights Referral Centre.
 Legal Resources Foundation.
 National Legal Aid Clinic for Women.
 Women in Law in Southern Africa (WiLSA).
 Justice for Widows and Orphans.

The Role of HIV/AIDS Institutions and Organisations.

HIV and AIDS organisations operating in Zambia have different lines of activity.
They include the following:

 Voluntary Counselling and Testing (VCT): This service is provided by most

government and private hospitals in the country. VCT is also offered by NGOs
like Kara Counselling and New Start Counselling and Testing Centre.

 Treatment and Care: AIDS has no cure, but opportunistic diseases (diseases
which take advantage of the weak immune system caused by HIV such as T.B.
can be treated. Anti-Retroviral Therapy (ART) is also provided by most
hospitals and NGO’s such as Kara Counselling. For instance, Kara’s Jon
Hospice Centre in Kamwala (Lusaka) has male and female wards to take care
of HIV and AIDS patients.

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  Training of Counsellors: Some hospitals and NGO’s like Kara and Hope
Humana train counsellors who offer advice to people living with HIV and
AIDS. Counselling covers a wide range of issues such as stress, sexual
practices, marriage issues, career issues, positive living, and home-based care.

 Skills and fitiness Training: Kara Counselling, Hope Humana, and other
institutions offer physical fitiness and life skills training to people living with
HIV and AIDS. For instance, Kara’s Umoyo Training Centre trains girls who
have been orphaned due to HIV and AIDS in practical skills like tailoring,
catering, and agriculture.

 Advocacy and Lobbying: This activity involves writing and publishing

information material about HIV and AIDS such as T-shirts, brochures, posters,
radio and TV advertisement, drama, and seminars. The Ministry of Health and
NGOs like Kara and New Start Counselling and Testing Centres carry out this
activity. This activity is aimed at changing people’s attitudes and provide
factual information to the public on HIV and AIDS and related issues like
stigmatisation.

 Outreach Programmes: These programmes aim at establishing contacts with

the people in the community, work places, churches, schools, and colleges.
Every school should have an active Anti-AIDS club. As part of their outreach
activities, some institutions have sex-worker programmes, orphan-support
programmes, home based care programmes, workplace programmes, school
Anti-AIDS club programmes, church programmes, traditional healers
programmes, and post test clubs programmes. People living with HIV and
AIDS and are open about it are also sent out to share their experiences with
different communities like schools and colleges as part of outreach activities.

 Drop-in Centres: Some institutions like the Africare-Zambia Drop-in Centre

offers orphanage facilities to take care of vulnerable children who have lost
their parents due to HIV and AIDS.

 Legal Advice: People Living with HIV/AIDS, widows, and orphans whose
rights have been violated are offered assistance by institutions such as the
Legal Resources Foundation, the National Legal Aid clinic for Women, and
Women in Law in Southern Africa (WiLSA.)

Activity 3

Carry out a survey in your area and find out which organisations deal with HIV and
AIDS. Briefly describe their line of activity as shown in the table below:

Organisation/Institution Line of HIV AND AIDSActivities

Kasama General Hospital  Voluntary Counselling and Testing

 Prevention of Mother to Child Transmission
(PMCT)

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  ………………………………………..
 ………………………………………..

Kalonga High School Anti-  Advocacy and Lobbying e.g. distributes

AIDS club HIV/AIDS pamphlets.
 ………………………………………….
 ………………………………………….
 ………………………………………….
 ………………………………………….
 ………………………………………….
 ………………………………………….
 ………………………………………….
 ………………………………………….
 ………………………………………….
 …………………………………………..
 …………………………………………..
 ………………………………………….

Suggested Ideas for Action Project

1. Design Anti-AIDS T-shirts and posters and have them printed. You may work
in collaboration with other Art and Design Departments in your school. Sell
the T-shirts to members of the Anti-AIDS Club or Civic Education students
and display the posters in strategic places on a special occasion such as inter-
schools sports day.

2. Organise an Anti-AIDS Drama Club and conduct a tour of your community to

sensitise them on HIV and AIDS issues such as stigmatisation, positive living,
Prevention of Mother to Child Transmission (PMTCT) and the human rights
of People Living with HIV and AIDS. You may ask your local health centre
for assistance.

3. Design Anti AIDS posters and display them on key notice boards of your
school.

Glossary

AIDS: Acquired Immuno-Deficiency Syndrome is the final phase of HIV

infection. It is a condition characterised by a combination of signs and
symptoms caused by HIV which attacks and weakens the body’s
immune system, making a person susceptible to a host of life-
threatening diseases like tuberculosis (TB).

Advocacy: These are efforts made to solicit support and recognition for a cause,
policy or recommendation.

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 CHAPTER 9
SOCIAL CHALLENGES

Specific Learning Outcomes:

 Define social challenges

 Define child abuse
 Describe different forms of child abuse
 Suggest ways of addressing different forms of child abuse.
 Identify institutions that address child abuse
 Suggest ways of ensuring protection against sexual assault.
 Suggest ways of protecting oneself against rape
 Identify possible effects of rape on the victim
 Outline factors that lead to teenage pregnancies
 Examine the effects of teenage pregnancies
 Describe sexual harassment
 Describe gender-based violence and identify institutions that deal with it.

Definition of Social Challenges

Social challenges are issues and problems facing human beings today. These issues
are of concern to the society and the nation as a whole. In this Chapter, we are going
to look at the following social issues:
(a) child abuse
(b) sexual harassment and rape
(c) teenage pregnancies
(d) gender violence.

A. 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 ill-treatment could be either physical or mental.
Physical abuse could be battery, canning, slapping, pinching of the skin, pulling
ears, burning of the skin, biting the child or any action that can cause physical
impairment of the child. Mental abuse could be lack of love, neglect, insults,
shouting at the child, name-calling or ridicule.

(i) Child sexual abuse and sexual 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.
Sexual assault is when a stranger commits the above acts to a child.
Sexual abuse and sexual assault can be handled by the police and
criminal courts.

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(ii) Child defilement
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.

(iii) Child battering

Child battering is a form of child abuse where someone beats a
child often. Most people beat up children as a form of punishment.
This, however, is discouraged. It is better to discuss issues with
children rather than resorting to beating when they do something
wrong.

(iv) Child 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 guidance, parents being pre-occupied with
their careers and creating wealth for the family at the expense of
taking care of their children.

(v) Child 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 prematurely to work. However, it is worthy
noting that children need to work for their own personal
development as well as that of their family by doing household
chores. This is a form of training for life.

(vi) Child trafficking

This is the illegal transportation and selling of children within or
outside a country for prostitution, pornography, forced labour,
crime or business involving selling of sexual private parts.

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 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).

(vii) Child 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.

Ways of Addressing Child Abuse

Child abuse is a serious problem that needs concerted effort in order to alleviate it. It
affects the whole society. The following are some of the ways by which child abuse
can be addressed:

 Legislation on child labour:

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.
 Enacting stiff punishment for child defilers including those who batter or
neglect their children.
 Sensitising the community about child abuse.
 Reporting cases of child abuse.
 Speaking out about the problem of child abuse.
 Encouraging victims to go to the Victim Support Unit, Drop in Centres and
NGOs for counselling services and legal advice.

Institutions that Address Child Abuse

Issues of child abuse can be addressed at family, community and national levels.
Family members for fear of embarrassment normally hide issues of child defilement
in most cases. However, there is need to expose such vices that have negatively
impacted on our society. There are institutions within our society that address child
abuse issues.

 Victim Support Unit – Zambia Police Service

 Other NGO’s that address child abuse issues.
 Young women’s Christian Association (YWCA).
 Young men’s Christian Association (YMCA).
 Zambia Civic Education Association (ZCEA).

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B Sexual Harassment and Rape

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 promise of a job,
promotion, training and any favours in return for sexual favours. These promises
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.

Sexual harassment is not only when a person demands that you go out with him or
sleep with him but also when men think they have a right to touch a woman or
speak to her in a way the woman does not want.

People who are sexually harassed can do the following:

 Make it clear you do not want that kind of behaviour from the person as a
result, she or he has no excuse that you encouraged him or her to think that
you approved his or her conduct.
 If he or she does not stop harassing you, keep a record of the incidents in a
small note-book. Write them down and ask a friend to witness them. This way
your friend will support you.
 Discuss the problem openly and you will probably find others who have been
suffering the same problem. In that way, you can make the problem known,
which may stop the harasser.

Protection Against Sexual Harassment

The following are possible ways of protecting yourself against sexual assault:

 Try to make your home as secure as possible.

 Do not let anyone into your home if you feel in any way doubtful or
suspicious.
 Try to avoid situations that make you feel uncomfortable or unsafe, even if
you can see no real reason for your feelings.
 Try to get help from the police immediately if you know or suspect that you
are in danger.
 Try to get help from someone nearby, but stay alert and use your judgement.
Otherwise you may escape from your attacker only to find that the person
you appealed to for help takes advantage of your vulnerability.
 If you are walking and a car follows you or stops beside you, stay as far
away from the car as possible and keep walking even if you are helping the
driver by giving him direction.
 Hitch- hiking is risky especially for girls and women. If you have to take a
lift, trust your judgment about the person or people in the car.
 When you travel alone using public transport, try to sit near another woman.
 Remember that most rapes are planned in advance. It is a good idea to vary
your behaviour, such as the route you use and the times you take to fetch
water or play with your 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. Practise your self-defence skills
regularly.
 Remember that most of the abusers are people who know you such as
friends and relatives.

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 who has unlawful carnal
knowledge of a woman or girl without her or with her consent.

Ways of Resisting Rape

One can resist rape in the following ways:

 Attention seeking tactics: shouting, screaming or trying to get someone to
help.
 Non cooperation tactics: for example, refusing to take your clothes off.
 Psychological tactics: for example, reasoning with the rapist, trying to
frighten him, disgust him or gain his sympathy.
 Physical resistance: fighting back or struggling.

However, it is worth noting that there is no single right way of reacting, when
attached by a rapist.

Possible Reactions after Rape

Every rape victim is different. Some people may experience several of the following:

 Shock.
 Loss of control, feelings of powerlessness.
 Un-naturally calm.
 Acting abnormally.
 Problems with sleep. For example, nightmares.
 Fear.
 Shame.
 Feeling guilty.
 Avoiding physical contact.
 Depression.
 Anger.
 Trauma.

What to Do after being Raped

 Report to the police.

 Get a medical report from the nearest health centre.

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  Visit a counsellor.
 Seek legal advice.

Activity 1

1. Explain the following terms:

(a) Social challenges.
(b) Child abuse.
2. Differentiate the following terms:
(a) Child sexual abuse and sexual assault.
(b) Child defilement and rape.

3. Case Study, from Legal Resource Foundation Newsletter, April, 2001.

Uncle Exchange Niece for One Million Kwacha:

A 13 year old girl was given to a creditor as security by her uncle until he paid back the K1
million loan.
Wakumelo Nasilele was given to Liunda of Kanyama compound in July, last year by her uncle
Boyd Nasilele to keep until he paid back the debt. Nasilele has since run away, leaving the
girl in the hands of strangers who are mistreating her.
The girl said her mother was in Mongu but she did not know where her father was. She said
she was staying with her aunt on the Copperbelt when her uncle came to get her so she could
stay with him. She said they moved from Copperbelt to Lusaka.
Her uncle then borrowed some money from Liunda and when he (Liunda) demanded for the
money, Nasilele left Wakumelo with him and never showed up. A well-wisher, Cliff
Siyambango who saw Wakumelo’s suffering decided to give her a job in a makeshift store in
Kanyama. His cousin Douglas Mwakoi was managing the store and with the money earned,
they bought her clothes and blankets, which she did not have.
This did not please Liunda who got some of her money and ordered her to stop work because
he owned her and he would do anything he pleased with her.
Mwakoi reported this to the Legal Resource Foudation (LRF Kanyama) Legal Advice Centre.
The following day, Liunda reported to Kanyama Police post that Mwakoi had abducted and
abused Wakumelo. LRF Paralegal explained to Kanyama Police Post Officer-in-charge what
the case was about. She also wrote a letter to the Victim Support Unit at Lusaka Central
Police where Liunda had reported the matter. Some of Wakumelo’s relatives have come up to
LRF to confirm the developments of her stay with Liunda. Wakumelo was taken to Cheshire
Homes for safe keeping by the Social Welfare department while waiting for her mother from
Mongu.

(i) Do you think Mr Boyd Nasilele was justified in giving away his niece to a
creditor as security? Give reasons for your answer.
(ii) Put yourself in Wakumelo’s place, what would you have done if you were
in her situation?
(iii) What lesson can you learn from this story?
(iv) What advise can you give to Wakumelo and other children who may be
found in a similar situation?
(v) Identify organisations in your community that address social problems
similar to Wakumelo’s . How can you work with these organisations?

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 4. Briefly explain how the following institutions help address cases of child
abuse:
(a) Zambia Civic Education Association (ZCEA)
(b) Young Women Christian Association (YWCA)
(c) Victim Support Unit (VSU)

C. Teenage Pregnancies

Teenage pregnancy rate has increased over the years. This is attributed to a number of
factors:
 Peer pressure – Sometimes boys and girls engage in sexual activities due to
peer pressure and would like to be like others. This, often result in teen
pregnancies.
 Personal development - As children grow up, they develop sexual feelings
and emotions, which they do not understand. As a result, they want to fulfil
these urges.
 Lack of sex education - Parents should discuss sexual issues with their
children.
 Influence from society and the media. For example, the type of
socialization, breakdown in morals, influence of other cultures, modern songs,
television and radio 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 girls tend to be married off early.
 Economic issues – due to high poverty levels some girls tend to engage in
sexual activities for monetary gains. This often result in pregnancies, Sexually
Transmitted Infections (STIs) e.g. HIV and AIDS, and syphilis.

Effects of Teenage Pregnancies

There are several effects of teenage pregnancies on the mother as well as the child:
 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.
 The girl may be stigmatised by society and may not bear the shame or may not
cope with the emotions.
 The young couple may not cope with the costs involved in bringing up a child
and may shift the burden to parents.
 Chances of the girl getting married are at stake.
 Child dumping.
 Disturbance in the education of the mother.

Ways of preventing teenage pregnancies include the following:

- abstinence
- avoiding bad company
- setting goals or principles
- discussing with friends

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 - avoiding alcohol and drugs
- resisting peer pressure
- upholding good moral values.
- Being occupied with activities like joining the youth clubs.

Activity 2

Case study 1

Mary is fifteen years old. She has been raped repeatedly by her step father and her
uncles since she was ten. They told her not to tell anyone and threatened her with
terrible things if she did. For four years, she did not say anything, but last year she
told her mother. Her mother accused her of having seduced her step-father and
uncles. She called her a bad girl and ignored her daughter’s plea for help.

1. If you were Mary, what would you have done? Would you blame Mary for
what happened? Give reasons for your answer.
2. If you were Mary’s mother how would you have reacted?
3. What do you think should have been done with Mary‘s step father and
uncles?
4. List down some of the ways in which one can avoid rape.
5. Write a letter to Mary suggesting to her the steps to take to redress the
situation.

Case study 2

Imagine you are Aunt Lucy, a writer for a women’s magazine. On your page
every month, you answer readers’ questions and try to help them with their
problems. Here is a letter about rape.

Dear Aunt Lucy,

I am very worried about my friend who was raped last month. Since that day, she
does not even want to go out of the house any more, not even to school or to the
shops. She is afraid that the man is going to come back and kill her, but she won’t
go and tell the police what happened. She says they won’t believe her because the
man who raped her is a friend of her brother. She met him one evening when she
was with her brother and his friends at a hotel. She does not want to tell her
family. She thinks they will blame her because her brother will say that she liked
this man and wanted to be his girlfriend. She did like him but then she found out
that he was married. So when he came to meet her after school she told him she
didn’t want to go out with a married man. Then he was very angry and made her
get into the car. He took her to a place out of town and raped her. He said he
would kill her if she didn’t do what he told her.

I know my friend is telling the truth. But the burden is very heavy for me and I
don’t know how to help her. She is getting into very big trouble with her family for
not going to school. Also she is getting sick from worrying and not eating or
sleeping properly. I hope you can help us.

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 Worried
Ndola

If you were a magazine writer, Aunt Lucy, how would you reply to this letter? Write a
letter in response to the one above.

D. Gender Violence

Gender based violence is violence involving men and women in which the female is
usually the victim. It is not only about men who abuse women, but also includes
women who abuse men physically and verbally. Gender violence takes various forms:
physical, psychological and structural.

Physical Violence:

This form of violence is directed on the body. Physical violence can take the form of
fondling, beating, slapping, punching, shooting, kicking, stabbing, rape and sexual
assault.

Psychological Violence

This is one of the most destructive types of violence. It is concerned with violence
towards the mind and often takes the form of humiliation, threats, harassment and
attack on another person’s self-worthy. Psychological violence leads to depression,
frustration, madness and suicide.

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. For instance, gender-
based violence emanates largely from the patriarchal gender system that violates
women’s rights at all levels. Individuals or certain groups of people in society may
perpetrate it. Gender based violence includes poverty and all forms of violence such
as land eviction or lack of access to services.

Causes of Gender-Based Violence

There are several causes of gender- based violence:

 Socialization- learned behaviour based on cultural practices and beliefs that

disadvantage women and children, especially the girl child.
 Gender roles-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.
 Insecurity- social and financial economic dependency by the abused.
 Beliefs that women provoke men by answering back.
 Suspected extra-marital affairs.

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  Refusal or delay to serve food.
 Perceived rudeness and lack of respect for the husband.
 Belief that men show love by beating wives.
 Refusal to have sex.
 Failure to get permission from male partners to do something.
 Drunkenness.
 Petty jealousy.

Common forms of Violence

The most common forms of violence are:

 Physical (Spouse battering).
 Verbal abuse, for example, insults.
 Rape and defilement.
 Incest.
 Threats.
 Property grabbing.
 Cruelty by guardian.
 Lack of child or spouse support.

Abusers

The abuser may be an ordinary person or a person in a privileged position over the
abused. For example, the abuser may be of a stronger economic or social standing. He
or she may be older and in a supervisory position. Abusers may include people within
the family such as a husband, wife, guardian and those outside the family such as
members of the extended family, friends and strangers.

Gender-based violence can take place anywhere such as in a home, on the street and
at places of work.

Activity 3

1. What do you understand by the term spouse battering?

2. What are the causes of spouse battering?
3. Suggest ways of solving spouse battering.

Effects of Gender-Based Violence

Gender-based violence has several effects:

 Oppression of the spouse: The abused cannot realise his or her potential and
contribute fully to the development of the family and society.
 The abused may be fearful, angry or pre-occupied with their own safety and
may not be willing to perform duties that are expected of them.
 Sexual violence contributes to the spread of HIV and AIDS and risk of
contracting other Sexually Transmitted Infections (STIs).
 Physical mental injury and death.
 Permanent disability.

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  Unplanned pregnancies.
 Suicide.
 Depression or trauma.
 Loss of self- esteem and confidence.
 Family disruption, for example, divorce.

Ways of Reducing Gender-Based Violence

The following are some of the ways in which gender-based violence can be reduced:
 Speaking out about the problem.
 Sensitising the community about gender violence and the need to work
together to stop the vice.
 Assisting couples to discuss and resolve their problems.
 Reporting cases of violence to the Police Victim Support Unit for legal action
and counselling.
 Encouraging victims to go for legal advice to NGOs or Drop-in Centres
dealing with gender-based violence.

Measures to curb Gender-Based Violence and Child Abuse

 Lobbying for changes in the laws and enforcement of laws regarding gender-
based violence.
 Making others aware of the extent and true nature of gender-based violence
and child abuse through public education, training, public performance,
newspaper articles, radio and television programmes.
 Establishing counselling centres for victims.
 Putting pressure on the community to make conditions safer for vulnerable
people such as improving street lighting in certain areas.
 Researching and keeping records on child abuse and gender-based violence for
social action and policy-making.
 Formulation of community based gender violence committees.

Institutions that Address Gender-Based Violence

 Police Victim Support Unit.

 Young Christian Women’s Association.
 Young Christian Men’s Association.
 Legal Aid Clinic for Women
 Other Non-Governmental Organisations

Activity 4

A woman who works in an office said “The man always touches me on the breasts
and bottom and always pretends that it is an accident. When I ask him to stop, he
always laughs and says, “Oh, you women jump too quickly. You cannot complain if I
touch you by accident.” Sometimes he just sits and looks at me in a way that makes
me feel so embarrassed. It makes me angry because it means he does not take me
seriously as a worker on the same level as him. If I complain, people may look at me

149
suspiciously. They might start thinking I got my position through sleeping with men or
because I take trouble to dress smartly. I work very hard to get my promotion.

1. Imagine that you are the woman described in the passage, how would you
handle the situation?
2. If you are the manager of the company and this case was reported to you,
how would you handle the situation described in the passage?
3. Between women and men, who, in your opinion, usually sexually harass the
other? Discuss.
4. Slapping your spouse is sometimes necessary. Discuss.

Ideas for Action Projects

1. Identify one social challenge in your community and develop a programme

to address the issue. Ensure that other community members participate in
this activity.
2. Carry out a survey in your community on either child abuse or gender-based
violence. Suggest ways of implementing your recommendations.
3. Write or collect stories from newspapers or magazines about child abuse and
gender violence. Create a display for the classroom or school.
4. Investigate cases of child abuse in your community and write a report to the
Victim Support Unit.
5. Investigate a case of gender-based violence.
6. Write a report about gender-based violence in your community and present
it to your class.

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