OUR KHETIWE CIVIC EDUCATION PRODUCTION
OUR KHETIWE GRADE 12
CIVIC EDUCATION 2024
LESSON NOTES
A summarized version of grade 12 lesson notes
Wilfred Muntengwa Dip Ed-DALICE, Bed & Med-UNZA
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these lesson notes.
Topic 1: International Human Rights Instruments
Specific Learning Outcomes (By the end of this topic Learners Should Be Able To-LSBAT):
1) Explain the concept International Human Rights Instruments (IHRI)
2) Describe International Bill of Rights (IBR)
3) Explain the charter based International Human Rights Instrument
4) Describe the Treaty based International Human Rights Instruments
5) Discuss the Specialised based International Human Rights Instruments
6) Explain the African based International Human Rights Instruments
A. Explain the concept International Human Rights Instruments (IHRI)
 Refer to institutions and mechanisms that are used to promote and protect human rights, such as the
right to life, right to vote, right to education etc.
 Refer to the international documents which contain agreements or covenants which world over
countries have signed to uphold the rights of various groups of their people in their respective
countries
B. Describe International Bill of Rights (IBR)
 It is a list of fundamental human rights and covered in the Charter, Treaty, Specialized and African
based International Human Rights Instruments aimed at protecting the rights and freedoms of
individuals in member state countries.
International Bill of Rights (IBR)
Charter based International Human Rights Instrument
1. UDHR of 1948
Treaty based International Human Rights Instruments
1. ICESCR of 1966
2. ICCPR of 1966
Specialized based International Human Rights Instruments
1. ICERD of 1965
2.CEDAW of 1979
3.CAT of 1984
4.UNCRC of 1989
5.CMW of 1990
6.UNCAC of 2003
African based International Human Rights Instruments
1. ACHPR of 1965
2. NEPAD of 2001
3.APRM of 2003
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4. AUCPCC of 2003
C. Explain the charter based International Human Rights Instrument
 It is a charter or declaration which is not legally binding to member states that may choose not to
uphold and promote the contents of such a charter or declaration on human rights.
 It is merely a statement to all member states to uphold and promote human rights.
 It is not formally signed by all member states to hold them accountable if they fail to meet its
contents.
1. The Universal Declaration of Human Rights-UNDHR (1948)
 This instrument begins with the preamble or introduction emphasizes the values and beliefs of the
UNDHR such as Peace, Justice and Freedom
 It is an internationally recognized and agreed upon instrument through which individuals and
governments can work and deliver basic rights.
 It was adopted on 10th December, 1948 by the United Nations in Geneva, as the result of genocide
that took place in Nazi, Germany during the Second World War against the Jews.
 This declaration contains 30 articles which are a list of basic rights every human being is born with
and can be divided into two themes namely Civil and Political rights as well as Economic, Social
and Cultural rights.
The UDHR articles are summarized below.
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 or freedom
5) Has the right to security of person as no one should be tortured or suffer from cruel and inhuman
treatment.
6) Has the right to equality before the law and equal protection.
7) Has the right recognition before the law
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 marry
13) Has the right to asylum
14) Has the right to freedom of movement
15) Has the right to Nationality
16) Has the right to privacy.
17) Has right to own property
18) Has the right to freedom of thought, conscience and expression
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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 and 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 eight 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 rights and freedoms
29) Has duties to the community
30) Must interpret this declaration in a way that cannot endanger any of the rights and freedoms of
others.
The Charter- Based monitoring mechanisms are:
1) 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 Councils 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.
2) 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.
D. Describe the Treaty based International Human Rights Instruments
 These are treaties or agreements that are legally binding to member states to uphold and promote the
contents of such a treaties or agreements on human rights.
 It is an agreement that to all member states are expected to uphold and promote human rights.
 It is formally signed by all member states to be held accountable if they fail to meet its contents.
 These are also called Covenants or Conventions.
 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.
 Being a party to a treaty means that a country has either ratified or acceded to the treaty. When
ratifying a treat signing comes first whereas when acceding signing comes later
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 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 Nations
Secretary General..
 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.
 Monist countries are countries that regard domestic law and international law as one and the same.
 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 justiciable.
 When a Right is justiciable, 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 are monist 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.
1) The International Covenant on Economic, Social and Cultural Rights [ICESCR]-1966.
 This is an extract of the Universal Declaration of Human Rights which was also an effort to come
up with a legally binding document, formed in 1966
 These rights are problematic because they are dependent on resources for their realization.
 The preamble gives an outline for the explanation of the rights in the Covenant and talks about what
is contained in the Universal Declaration of Human Rights [UDHR] because these 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 can enjoy his economic, social and cultural
rights, as well as his civil and political rights
Summary of the provisions in the ICESCR
1) Rights to work
2) Right to just and favorable conditions of work, including fair wages, equal pay for equal work
and holidays with pay.
3) Right to form and join trade Unions, including the right to strike.
4) Right to social security.
5) Protection of the family, including special assistance for mothers and children.
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6) Right to adequate standard of living including food, clothing and housing
7) Right to the highest attainable standard of physical and mental health
8) Right to education
9) Right to participate in the cultural life and enjoy the benefits of scientific progress.
2) The International Covenant on Civil and Political Rights [ICCPR]-1966.
 This came into force in 1996 and is legally binding to its member states. These are rights that are
easy to nature and implement because they require no big investments for them to be enjoyed.
 The preamble (introduction) of this documents states that, the ideal of free human beings enjoying
freedom from fear and want can only be achieved if conditions are created in which everyone can
enjoy his economic, social and cultural rights, as well as his civil and political rights
 The treaty expands on the Civil and Political rights set out in the Universal Declaration of Human
Rights [UDHR], with the exception of the right to property and right to asylum.
Summary of the provisions in the ICCPR
1) Right to life
2) Freedom from torture and inhuman treatment
3) Freedom from slavery and forced labour
4) Right to liberty and security
5) Right of detained persons to be treated with humanity
6) Freedom from imprisonment for debt
7) Freedom of movement and choice of residence
8) Freedom of aliens from arbitrary expulsion
9) Right to a fair trial
10) Protection against retroactivity of the criminal law
11) Right to recognition as a person before the law
12) Right to privacy
13) Freedom of thought or conscience and religion
14) Freedom of opinion and expression
15) Prohibition of propaganda for war and of incitement to national, racial or religious hatred
16) Right to assembly
17) Freedom of association
18) Right to marry and find a family
19) Rights of the Child
20) Political rights
21) Equality before the law
22) Rights of minorities
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Optional protocols
 An Optional Protocol is a provision attached to an international human rights instrument in order to
offer more protection. The ICCPR has two optional protocols namely:
1) First optional protocol (1976): This provision allows individuals to complain to the United
Nations Human Rights Commission on issues of human rights violations contained in the
ICCPR provided they exhaust all channels of complaints usually through the courts of law. Zambia
is a state party (member) to this protocol.
2) Second optional protocol (1990):
This aims at the abolition of the death penalty and Zambia has not been a state party to this
optional protocol though the Republican President HE Hakainde Hichilema made abolished death
penalty on 23rd December, 2022.
The treaty based monitoring mechanisms are:
1) 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 range from 3 to 5 years. The State
reports are meant to:
-
Review implementation.
-
Monitor implementation.
-
Provide basis for policy formulation.
-
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.
2) 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.
3) 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.
4) 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.
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E. Discuss the Specialised based International Human Rights Instruments
 These are treaties or agreements that are legally binding to member states to uphold and promote
a particular human rights issue such rights of children, women, workers and many more.
 It is an agreement that to all member states are expected to uphold and promote the particular
human rights issue.
 It is formally signed by all member states to be held accountable if they fail to meet the contents
of the particular human right issue.
a) The International Convention on the Elimination of All Forms of Racial Discrimination
[ICERD]-1965.
 It was adopted in 1965 and came into force in 1969 and it was drafted to draw attention to matters
of racial discrimination which were still rampant in the world.
 Principle Definition of Racial discrimination: It is any distinction, exclusion, restriction or any
performance based on race, color, descent or national or ethnic origin which has the purpose of
impairing the recognition or enjoyment on an equal footing, of human rights and fundament
freedoms in the political, economic, social, cultural or any other field of public life.
Summary of the provisions in the ICERD
1) Condemn racial discrimination, segregation and apartheid.
2) Prohibit the act of discrimination by individuals or organizations
3) Assure everyone within the powers, adequate protection and remedies
4) Condemn all propaganda and organizations based on ideas or theories of superiority of one race or
group.
5) Prohibit and eliminate racial discrimination and equal enjoyment of all the rights
6) Undertake immediate and effective measures in teaching, education, culture and information, with a
view of combating prejudices which lead to racial discrimination.
b) The Convention on the Elimination of All Forms of Discrimination Against Women [CEDAW]1979
 This came about after the failure of the 1967 declaration to eliminate discrimination against women.
 It was observed that females still suffer the worst discrimination in the social economic as well as
their civil and political rights.
 This instrument was put in force in 1979 to directly.
 Principle definition of racial discrimination: this is any distinction, exclusion, restriction or any
performance based on sex which has the purpose of impairing the recognition enjoyment of an equal
footing of human rights and fundamental freedom in the political economic social other right in
public life.
Summary of provisions in the CEDAW
1) Eliminate all forms of discrimination against women.
2) Establish legal protection of the rights of women on an equal basis with men.
3) Promote the principle of equality of men and women in their domestic legislation
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4) Modify or abolish existing national legislation and practices which constitute discrimination
against women.
5) Eliminate discrimination in the enjoyment of all rights between men and women
Accord women equality with men before the law
1) Eliminate discrimination against women in all matters relating to marriage and property.
2) CEDAW has an optional protocol adopted in 1999 which allows the United Nations
3) Committee on the Elimination of Discrimination against Women to receive and hear Cases of
violations of women‟s rights
c) The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment [CAT]-1984.
 This convention also known as the Torture Convention was adopted on 10th December, 1984 and
entered into force on 26th June, 1987 and Zambia became a state party to the convention in 1998.
 The aim of the instrument is to totally forbid torture and other cruel, inhuman or degrading
treatment or punishment.
 Principle definition: Torture is defined as an 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.
Summary of provisions in CAT
1) Prohibit torture
2) Not refouler, which means to send back a person to a country where he/she is likely to undergo
torture.
3) Punish torturers.
4) Rehabilitate victims of torture through counseling
5) Control the system of interrogation and detention
6) Report to the committee.
7) Educate citizens on the evil of torture
State obligations
1) Each state party shall take effective legislative measures against torture
2) The prohibition against torture shall be absolute even in times of war or other circumstances
3) No state party shall expel or extradite to a state where there is possibility of torture
4) Each state party shall criminalize the acts of torture in their legal system
5) Each state party shall not take a suspect into custody before investigations are concluded
6) Each state party shall investigate all cases of suspected torture
7) Each state party shall ensure that victims of torture have a right to fair and adequate compensation
Optional protocol to the Torture Convention
1) This optional protocol was adopted in 2002 and entered into effect on 22nd June 2006
2) Promotes regular visits by Human Rights Commission Authorities to Police Cells and Prisons to
check on possibilities of torture
3) Support the establishment of subcommittee on torture to work with state party
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d) The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families [CMW]-1990.
 This is meant to protect the rights of people working in a country which is not theirs [in the
Diaspora]
 These includes
i.
"Frontier workers", who live in a neighbouring country to which they return daily or at
least once a week.
ii.
Seasonal workers who get work in foreign countries during specific seasons such as the
harvesting season or the planting season;
iii.
Seafarers employed on water vessels registered in a country other than their own;
iv.
Workers on offshore installations which are under the authority of a country other than
their own;
v.
itinerant workers who move from place to place in search of work;
vi.
migrants employed for a specific project, for example, construction of roads or dams or
industrial plants;
vii.
Self-employed workers are people who are not working for another person but for
themselves.
 State parties are obliged to protect and seek judicial remedy to those migrant workers whose rights
have been violated.
 Principle definition: this applies to all migrant workers and members of their families without
distinction of any kind such as sex, race, color, language, religion or conviction, political or other
opinion, national, ethnic or social origin, nationality, age, economic position, property, marital
status, birth or other status.
Summary of the provisions in the CMW
1) Non –discrimination of migrant workers and their families without distinction of any kind.
2) Migrant workers and members of their families shall be free to leave any state, including their state
of origin.
3) They have the right to enter and remain in their state of origin.
4) The right to life of migrant workers and members of their families shall be protected by law.
5) No migrant worker or members of their families shall be subjected to torture or cruel, inhuman or
degrading treatment or punishment.
6) No migrant worker or members of their families shall be held in slavery or servitude.
7) No migrant worker or members of their families shall be required to perform forced or compulsory
labor.
8) They shall have the right to freedom of thought, conscience and religion.
9) They shall have the right to hold opinions without interference.
10) They shall not be subjected to any arbitrary or unlawful interference of their privacy
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e) United Nations Convention Against Corruption (UNCAC)
 The United Nations Convention Against Corruption was adopted by the UN General Assembly in
October 2003.
 In accordance with article 68[1] of resolution 58/4, the UNCAC entered into force on 14 December,
2005.
 As of February 2020, this Convention has 140 signatories and 187 state parties.
 Prevention and combating corruption requires a comprehensive and multi-disciplinary approach.
The UNCAC covers five main key areas that include both mandatory and non-mandatory
provisions. Such as follows;
1. Preventive measures
 The convention dedicated prevention with measures directed at both the public and private
sector.
 These include model preventive policies such as establishment of anti-corruption bodies and
enhanced transparency in the financing of elections campaigns and political parties.
 State must endeavor to ensure that their public services are subject to safeguard that promote
efficiency, transparency and recruitment based on merit.
 Transparency and accountability in matters of public finance must also be promoted.
2. Criminalization and law enforcement
 The convention requires countries to establish criminal and other offences to cover a wide range
of corruption including those which are not already crimes under domestic law.
3. International cooperation
 Cooperate with one another in every aspect of the fight against corruption
4. Asset recovery
 Asset recovery was agreed upon that the convention will carry out asset recovery and this is
important for developing countries where high levels of corruption has plundered the national
wealth and where resources are badly needed for reconstruction and rehabilitation of societies.
5. Technical assistance and information exchange
 Collection, exchange and analysis of information on corruption.
 Implementation of the Convention through economic development and technical assistance.
f) United Nations Convention on the Rights of the Child (UNCRC) of 1989
 It is the sixth treaty based international human rights that will be discussed in details in the next
topic.
F. Explain the African based International Human Rights Instruments
 These are African treaty-based instrument legally binding to all member states in Africa party to
them.
 The individual state party is bound to not only translate the provisions into domestic laws but
also to implement the provisions of these African treaties.
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a) The African Charter on Human and People’s Rights (ACHPR)-1979
 This was prepared at an Organisation of African Unity (OAU) session held in Monrovia, Liberia, in
July 1979.
 The charter on human and people‟s rights which was adopted under the auspices of the OAU and
was subsequently established in 1981.
 It came into force in October 1986.
 African charter safe guards individual‟s rights, people‟s rights or group‟s minorities, refugees,
handicapped, orphans and those infected and affected by the HIV/ AIDS pandemic.
i.
The African Charter therefore:
 Proclaims both rights and duties
 Codifies and emphasizes on individuals as well peoples or group rights
 Guarantees civil and political rights as well as economic, social and cultural rights and group rights
 Permits the state parties to impose restrictions and limitations on the exercise of guaranteed rights.
ii.
Rights
1. Individual Rights: Theses are enshrined in within the International Convention on Economic,
Social and Cultural rights (ICCPR) and the international Convention on Economic, Social and
Cultural Rights (ICESR)
1. Equality
2. Integrity
3. The right to legal deface
4. Freedom of belief and religion
5. Freedom of movement, association or assembly
6. Right to seek asylum
7. Protection of non-nationals
8. Right to property Right to work
9. Right to good Health
2. People’s Rights
They are also called Group Rights or third Generation Rights. Self determination
1. Economic, Social and cultural Development
2. National and International Peace and security
3. Environment
4. Sovereignty over the environment ant its resources
iii. Duties
 These include duties of individuals or groups towards family and society
 The Charter is duty bound to ensure that:
1. The rights and freedoms of individuals and groups shall be exercised with due regard to the
rights of other people
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2. African Cultural values are preserved and strengthened in elation with other members of society.
iv.
State Obligations
1. Adopt legislative and other measures for their effectiveness
2. Ensure independence of the judiciary
3. Establish national institutions to promote and protect human rights.
4. Recognize the rights enshrined in the charter
5. Submit state reports on legislature and other measures
6. Undertake human rights training and awareness programme
v.
The African commission on Human and Peoples Rights (ACHPR)
1. It was established under Article 30 of the Charter.
2. It is composed of 11 members elected by the AU Assembly of Heads of States and Government
from a list of names presented by the State Parties.
3. They save the commission in their personal capacity.
vi.
Functions of the commission:
1. Ensure protection of human and people‟s rights under the conditions laid down by the present
charter.
2. Collect documents, undertake studies and research on human rights violations in Africa
3. Disseminate information through seminars, Symposia conference and to make recommendations
to governments
4. Formulate and lay down principles and rules aimed at solving legal problems relating to human
and people‟s rights and fundamental freedoms which are the basis of African government
legislature.
5. Network with other African and International institutions concerned with the promotion and
protection of human an people‟s rights
6. Interpret the provisions of the present charter at the request of a state party an African Union
(AU) institution or any African Organisation recognised by African Union.
7. Perform any other task entrusted to the commission by the Assembly of the Heads of State and
Government
vii.
Principles
1. The commission is guided by the International Law on Human Rights ns Peoples Rights in
relation to the following provisions:
2. Various African instruments on Human and people‟s rights
3. The charter of the United Nations
4. The Universal Declaration Human Rights
5. Other Instruments on Human and people‟s Rights adopted by the United Nations and the
African States.
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6. The commission shall determine principles of law, setting standards of African practices
consistent with international norms on human and people‟s rights customs generally accepted as
law by Africans States
7. Each State party shall undertake to submit a report on legislation or other freedoms recognized
and guaranteed by the charter.
8. The Charter shall be open to signature, ratification or adherence by the member states of the
African Union.
b) New Partnership for Africa’s Development– NEPAD of 2001
 The New Partnership for Africa‟s Development (NEPAD) was adopted by African Heads of State
and Government of the OAU in 2001.
 NEPAD was ratified by the African Union (AU) in 2002 to address Africa‟s development problems
within a new paradigm.
i.
Main objectives of NEPAD
1. Reduce poverty
2. Put Africa on a sustainable development path
3. Halt the marginalization of Africa
4. Empower women.
5. To provide a framework for spending economic cooperation
6. Integration among African countries
ii.
Six thematic areas of NEPAD
 NEPAD manages a number of programmes and projects in six theme areas. These themes are:
1. Agriculture and Food Security
2. Climate Change and Natural Resource Management
3. Regional Integration and Infrastructure
4. Human Development
5. Economic and Corporate Governance
6. Cross-cutting Issues, including Gender, Capacity Development and ICT
 The creation of NEPAD came as a result of programs of African countries wanting to promote
economic development for African union
 It has 50 members so far
 The headquarters are in South Africa Midland.
 It is headed by the Chief Executive Office the secretariat.
iii. The structure of NEPAD
1. Heads of state and government implementation
 It provides leadership to NEPAD
 It sets policies and programs
 Mandated to develop a strategic plan for marketing and communications as national, regional,
continental and international.
 It reports annually to the African union summit
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2. Steering Committee
 It is tasked with development of the terms of reference for identified program
3. Secretariat
 The secretariat is located in South Africa, midland
 It Coordinated the administrative and logistical function of NEPAD
 Headed by chief executive officer [CEO]
4. National NEPAD structure
 It is responsible for coordinating initiatives on economic reforms and developmental programs
in all African states
5. NEPAD Council
 It was founded by young African professional and scholars
 The council supports the achievement of NEPAD mission
 It also initiates global action and mobilize resources that will help NEPAD to meet its
objectives.
c) African Peer Review Mechanism (APRM)-2003
 This mechanism is a mutually agreed instrument voluntarily acceded to by the member state of the
African Union (AU).
 It was established in 2003 by the New Partnership for Africa (NEPAD).
 The APRM was initiated in 2002 and established in 2003 by the AU as part of the NEPAD
initiative.
 Between 2003 and 2014, the Mechanism operated as an independent body under a memorandum of
understanding signed by Member States.
 The APRM was formally integrated into the AU system at its June 2014 Summit.
i.
Purpose the African Peer Review Mechanism (APRM)
 It is an instrument or mechanism for monitoring performance in governance among Member States.
 The APRM is a self-monitoring instrument and its membership is voluntary.
The Mechanism’s primary objective
ii.
 The major objective of ARPM is to foster the adoption of policies, values, codes and standards and
practices of political and economic governance that lead to political stability, accelerated subregional and continental economic integration, economic growth and sustainable development.
 By joining the APRM, Member States agree to voluntarily and independently review their
compliance with African and international governance commitments.
iii.
Performance and progress are measured in four thematic areas:
1. Democracy and political governance;
2. Economic governance and management;
3. Corporate governance;
4. Socio-economic development.
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iv.
Reviews include the
1. Executive
2. Legislative bodies
3. Judicial branches of government
4. The private sector
5. Civil society and media.
d) African Union Convention on Preventing and Combating Corruption (AUCPCC)-2003
 The African Union (AU) established the AU Convention on the Prevention and Regulation of
Corruption (AUCPCC) towards addressing the pervasive problems of corruption on the continent.
 The AUCPCC was ratified by the Assembly of the AU in 11th July, 2003
 It was built as a common roadmap for the member states to adopt good governance and anticorruption initiatives,
 The Convention seeks to eliminate corruption in its member states and in corporations operating on
the continent.
 Although the AUCPCC has been ratified by 44 of the 55 member states corruption continues to be
pervasive on the continent.
i.
Objectives of AUCPCC
The objectives of this convention are to:
1. Promote and strengthen the development in Africa by each state party of mechanisms
required to prevent, detect, punish and eradicate corruption and related offences in the public
and private sectors.
2. Promote, facilitate and regulate co-operation among the state parties to ensure the
effectiveness of measures and actions to prevent, detect, punish and eradicate corruption
related offences in Africa.
3. Coordinate and harmonize the policies and legislation between state parties for the purposes
of prevention, detection, punishment and eradication of corruption on the content.
4. Promote socio-economic development by removing obstacles to the enjoyment of economic,
social and cultural rights as well as civil and political rights.
5. Establish the necessary conditions to foster transparency and accountability in the
management of public affairs.
ii.
Principles of AUCPCC
The state parties to this convention undertake to abide by the following principles;
1. Respect for democratic principles and institutions, popular participation, the rule of law and
good governance.
2. Respect for human and people‟s rights in accordance with African Charter on Human and
People‟s rights and other relevant human rights instruments.
3. Transparency and accountability in the management of public affairs
4. Promotion of social justice to ensure balanced socio-economic development
5. Condemnation and rejection of acts of corruptions, related offences and impunity
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Topic 2: United Nations Convention on the Rights of the Child
(UNCRC)
Specific Learning Outcomes (By the end of this topic Learners Should Be Able To-LSBAT):
1) Describe Children‟s Rights
2) Describe the principles of the United Nations Convention on the Rights of the Child (UNCRC)
3) Discuss the provision of the UNCRC and the two optional protocols
4) Outline the role of the government in fulfilling the rights of the child
A. Describe Children’s Rights
a) The concept child
 Is every human being below the age of 18 years
b) The concept children’s rights
 These are human rights enjoyed by the persons below the age of 18 years.
c) Reasons for a separate human rights instrument for Children
1) Children experience discrimination and need a specialized instrument to protect their rights.
2) Children are individuals with equal status as adults. Governments have a moral duty to
acknowledge the rights of children as individual citizens at all levels.
3) The highest level of development of a country can only realized with the full and healthy
participation if children.
4) Children are more affected by government‟s action and policies than any other group.
5) Children become independent only with the help of adults.
6) Children have limited access to complaints mechanisms, the legal systems and courts to protect
their rights.
7) Children are more vulnerable to exploitation and abuse because of their physical, emotional and
psychological immaturity and their dependence on adults.
8) Children generally do not have the franchise hence not taking part in the political processes.
9) Children are a safeguard of the human race without whom the human race will become extinct.
d) Steps taken to come up with the convention on the rights of the child
 Before coming up with the convention on the rights of the child that was adopted by the United
Nations on 20th November 1989.
 Several attempts were made to come up with the comprehensive instrument for children.
Eglantyne Jebb an English woman was a founder of Save the Children Alliance after serving in
the Balkan War.
 She discovered that Children need special protects which lead to the attempts to come up with
specific Human Rights instruments.
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YEAR
EVENT
1924
The five point declaration of the rights of child. The declaration. Was adopted by the League
of Nations
1946
The united nations general assembly created the UNICEF as a universal movement for
children.
1959
The Ten point Declaration of the Rights of the Child. This Declaration by U.N General
Assembly contained ten main Points.
1961
A resolution by the UNGA based on the 1959 Declaration broadens UNICEF‟s field of
operation
1965
Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and
cooperation in respect of Parental Responsibility and measures for the protection of children.
1979
The United Nations General Assembly proclaims the International Year of the Child (IYC) to
celebrate the 20thAnniversary of the declaration of the rights of the child. The IYC Was
intended to encourage the implementation of the 1959 Declaration.
1980
Hague Convention on civil aspects of international child Adoption
1986
United Nations Declaration on Social and Legal Principles Relating to the protection and
welfare of children with special reference to foster placement and National and International
adoption.
1989
Adoption by the United Nations General Assembly in New York on Convention on the rights
of the child.
1990
The Convention which is a legal instrument enters into force after
B. Describe the principles of the United Nations Convention on the Rights of the Child (UNCRC)
 The United Nations Convention on the Rights of the Child was adopted by the United Nations
on 20th November, 1989 and entered into force in 1990 and it is based on the following
principles: Zambia first recognized the rights of a child in the Mvunga Constitution of 1991
1) Non-Discrimination: No child should be treated unfairly on any basis such as; their language, their
parents being poor or rich, race, religion or abilities.
2) The best interest of the child: All adults should do what is best for children. The best interest of the
child should be the primary concern for the parents/guardians, the government and the entire
community at large.
3) Survival and Development: Children have the right to live. Therefore, government should ensure that
children survive and develop healthily. For the children to develop, they need education, play and
leisure, access to information among others.
4) Participation: The Convention encourages adults to listen to the opinion of child and involve them in
decision making. However, this does not mean giving children authority over adults, but giving them
room to contribute according to their ability.
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C. Discuss the provision of the UNCRC and the two optional protocols
 The UNCRC is composed of 54 articles/provisions with two (2) Optional Protocols. The
following are some of the provisions:a) Civil Rights and Freedoms
 These are rights that have to do with being a citizen and include political, social, legal rights and
equality. The following are the provisions
1) Name and nationality: every child is entitled to a name, nationality and has the right to know
his/her parents and to be cared for by the parents. Children have the right to identity such as a
birth certificate.
2) Preservation of identity: It is the duty of the government to assist any child whose identity has
been unlawfully taken away to get it back.
3) Freedom of expression and information: this right provides for the child to freedom of
expression and to seek information. The right includes freedom to seek, receive and to give out
information and ideas of all kinds.
4) Freedom of thought, conscience and religion: this right allows a child freedom of thought or
conscience in choosing to do the right rather than the wrong thing. Children have the right to
think and believe in what they want and to practice their religion.
5) Freedom of association: This right provides for governments to recognise the rights of the
child to freedom of association and to freedom of peaceful assembly. Association is belonging
to a group for achieving a common purpose.
6) Access to information and media: The provision recognises the importance of mass media and
how it should ensure that the child has access to information for both local and international
sources.
7) Torture, capital punishment, deprivation of liberty: This provision protects children from
torture, cruel treatment or punishment, unlawful arrest or deprivation of liberty. It further
protects the child from being sentenced to death.
8) Family environment and alternative care: The rights under this cluster deals with the family
environment and alternative care for those children who are unable to be looked after by their
own parents for various reasons.
9) Parents, family, community rights and responsibilities: this provision requires the
government to respect the rights and responsibilities of parents and the extended family to
provide guidance for the child which is appropriate to his or her evolving capacity. Evolving
capacity is the maturing process that children go through before reaching adulthood.
b) Family environment and alternative care
1) Non-separation from parents: This is a right that ensures that if a child is separated from
his/her parents he/she has the right to keep contact with his or parents.
2) Family reunification: Requests by a child to leave or enter a country for the purpose of the
child reuniting with the family members shall be dealt with in a humane manner. The child
has the right to keep contacts with the parents if they live in different countries or places.
3) Illicit transfer and non-return of children: The government shall take measures to combat
the illicit or illegal transfer and non-return of children abroad.
4) Parental responsibility: This requires parents to have full responsibility to bring up their
children and that parents should always consider what is best for their children. In cases
where the parents fail to look after the children government must come in.
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5) Abuse and neglect while in family or care: Government has the duty to make laws and
provide social and educational measures to protect the child from all forms of physical or
mental violence.
6) Alternative care for children in the absence of parents: This right provides for a child
who is temporarily or permanently deprived of his or her family with special protection or
assistance by the government.
7) Adoption: This right recognizes that children have the right to care and protection. So if
adopted or under care, the concern will be what is best for the child adopted.
8) Review of treatment in care: Children who are looked after in institutions of care rather
than their parents, have the right their living arrangements reviewed regularly to check if
they are the most appropriate.
9) Standard of living: This right places duty on the government to take steps to recover unpaid
maintenance for the child from parents or others who are required to take care of the child
financially.
10) Recovery and reintegration: Government has the duty to reduce and reunite child victims
of exploitation, torture or any other mistreatment back into their communities.
c) Basic health and welfare
 The rights are meant to promote the health and welfare of the child. Child welfare is the
situation of having good health and comfortable living.
1) Parental responsibility: Under this provision, governments have responsibility of taking all
appropriate measures to ensure that children of working parents have the right to benefit from
child care services and facilities for which they are eligible.
2) Children with disabilities: The right provides that a disabled child has the right provides that a
disabled child has the right to special care, education and training to help him or her enjoy a full
and decent life.
3) Health and health services: Children have the right to the best health care such as safe drinking
water, nutritious food, a clean and safe environment.
4) Social security: Government shall recognize for every child the right to benefit from social
security, including social insurance and shall take necessary measures to achieve this right in
accordance with their national law.
5) Standard of living: Government accepts the right of every child to a standard of living suitable
for the child‟s physical, mental, spiritual, moral and social development. Parents or other people
responsible for the child have the first responsibility to provide within their abilities.
d) Education, leisure and cultural activities
 The rights here have to do with education, recreation and cultural activities.
1) Right to education
 All children have the right to a primary education, which should be free.
1. Discipline in schools must respect children‟s dignity. Any form of discipline should take into
account the child‟s human dignity.
2. School administrators should make sure that any discipline practices involving physical or
mental violence or neglect is eliminated.
3. Secondary and vocational education should be encouraged by Government and make them
available to every child.
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4. Measures such as the introduction of free education and offering financial assistance in case of
need should be taken by government.
5. Government should make higher education accessible to all on the basis of capacity.
2) Aims of education
1. Education of the child should be the development of the child‟s personality, talents and mental
and physical abilities to their fullest potential.
2. Development of respect for human rights and fundamental freedoms enshrined in the charter of
the United Nations.
3. Development of respect for the child‟s parents, his or her own cultural identity, language and
values of the country in which the child is living.
4. Preparation of the child for the responsible life in a free society.
3) Play and recreation
1. The child has the right to rest and leisure, to engage in play and recreational activities equal to
the child‟s age.
2. State parties shall respect and promote the right of the child to fully participate in cultural and
artistic life.
e) Special protection measures
 The rights here protect the rights of children who come into conflict with the law and from any
form of abuse and exploitation.
1) Refugee children states shall ensure that a child who is seeking refugee status or is considered a
refugee by law.
2) Economic exploitation
3) State parties recognize the right of the child to be protected from economic exploitation and from
performing work that is harmful to the child or interfere with the education of the child.
4) Narcotic and psychotic substances
5) State parties shall take measures to protect children from the use of illicit of narcotic drugs and other
illicit production of trafficking of such substances.
6) Sexual exploitation: state parties to protect the child from all forms of sexual abuse.
7) State parties shall also ensure protection of a child from being engaged in the illicit production of
and trafficking of such substances.
8) Abduction, sale and trafficking of children- state parties shall take national and international steps
to prevent the abduction and sale of children for any purpose.
9) Other forms of exploitation: state parties shall protect the child against all other forms of
exploitation harmful to the child‟s welfare.
f) Torture, Capital punishment and deprivation of liberty
1. No child shall be made to experience suffering of torture or inhumane treatment.
2. Death or life imprisonment should not be given to a person below the age of 18 years.
3. No child shall be detained in police station anyhow.
4. Arrest, detention and imprisonment of a child shall be within the provision of the law and shall
be used as the last resort.
5. Every child arrested shall be separated from the adults unless it is in the interest of the child.
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6. The child shall also have the right to keep in touch with his family.
7. Every child arrested and detained shall have the right to obtain quick legal help and the right to
question why he/she is detained.
8. Armed conflict – state parties to ensure respect for the rules of international humanitarian law in
armed conflict such as:
9. No child under 15 years of age should take part in armed conflict.
10. No child under the age of 18 years should be recruited in the countries armed forces.
g) Juvenile justice
1) Children who are accused of committing a crime have the right to be treated with respect and
dignity.
2) They have the right to be considered innocent until proven guilty according to the law.
3) Children have the right to have the matter determined without delay by a competent court of law
and to have free assistance of an interpreter
h) The United Nations on the Rights of the Child (UNCRC) Optional Protocols
1) The CRC first Optional Protocol on the Sale of Children, Child prostitution and Child
Pornography (CRC-OP-AC)
 It prohibits the sale of children, child prostitution and child pornography.
2) The CRC Second Optional Protocol on the Involvement of Children in Armed Conflicts
(CRC-OP-AC)
 It prohibits the involvement of children in Armed Conflicts. It ensures that persons below
the age of 18 are not compulsorily recruited into Armed Forces.
 The Zambian government approved the ratification this protocol in Zambia on 12th February,
2024
D. Outline the role of the government in fulfilling the rights of the child
 Every government has the obligations of fulfilling the Rights of the Child
1) Obligation to respect:
 It requires the government to stop doing anything that would interfere with a child‟s enjoyment of
their rights.
2) Obligation to protect:
 It requires the state to prevent violations of human rights by other people; it is done through
enacting legislation that protects children.
3) Obligation to fulfill:
 It includes obligations to facilitate, promote and provide. The government takes steps to ensure the
realization of human rights.
 The government of Zambia adopted the Children‟s Code Act No. 12 of 2022.
 This code was adopted on the 9th of August, 2022 and is meant to protect children from all kinds of
abuse.
 It clearly states that a child shall not be subjected to sexual abuse, sexual exploitation, use of child
in prostitution or be induced or coerced to engage in sexual activity or be exposed to obscene or
pornographic materials.
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Topic 3: Family Law
Specific Learning Outcomes (By the end of this topic Learners Should Be Able To-LSBAT):
1) Describe family and marriage
2) Explain the elements of family law
3) Describe the types of marriages in Zambia
4) Assess the effects of separation, divorce and death on a family
5) State the roles of the Victim Support Units in family law
A.
Describe family and marriage
1. What is a family?
 A Family is a group of people who are related by blood or marriage.
2. Name the four types of family
1) A nuclear family:
 A family that consists of a man, his wife or wives in case of polygamous marriage and
their children.
2) An extended family:
 It comprises a man, his wife or wives, their children and other relatives such as
grandparents, uncles, aunties, nieces, nephews, cousins, in-laws and grandchildren.
3) A single headed family:
 It consists of a single parent and children. For example, a man and his children or a
woman and her children. It can be as a result of: divorce, being widowed, Refusal to take
responsibility by a man after impregnating a woman and out of choice when a man or
woman decides not to marry but to have children whom they desire to bring upon their
own.
4) Child headed family:
 Is a new type of a family that has emerged in Zambia mainly as a result of the HIV/AIDS
pandemic that has claimed lives of many adults leaving children to bring themselves up (as
double orphans).
5) Blended family:
 It also known as a Step family
 It is a family formed when two people come together and bring a child or children from
previous relationships
 Children might be of the same age or have major age differences
6) Grandparents family:
 Is a family where the children are brought up by the grandparents?
 In this type of family, the parents of the children may play a partial role in raising the
children or may be absent completely due to death
7) Adoptive family
 A where a couple fails to have a child or children of their own and legally adopt a child or
children from another family or parents as their own.
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3. Outline the importance of a family
1. Source of unconditional love
2. Offer moral and spiritual support
3. Security and protection
4. Better understanding of individual uniqueness
5. Support in times of need
6. Family value guidance
7. Finance support
8. Offer shelter
9. Learning of family history
10. Career progression
B. Explain the elements of family law
 The family are the elements that constitute a family and these elements will be explained in
details below
a) Marriage
b) Divorce
c) Property settlement (sharing)
d) Maintenance of spouse and children within and after marriage.
e) Custody of children after dissolution of marriage
f) Adoption of children
g) Legitimacy of children
h) Succession.
i) Inheritance of property.
a) Marriage
C. Describe the types of marriages in Zambia
1) What is marriage?
 Marriage is a legal union of a man and woman or women as husband and wife or wives in an
event of a polygamous marriage.
2) Name the conditions that marriage as a contract is based on
 Marriage as a contract creates the social status of husband and wife, based on rights,
obligation, and capacities and incapacities.
1) Rights: Entitlements a wife or husband enjoys in the union.
2) Obligations: These are duties that a wife or husband performs in the union. For example each of
the spouses has a duty to take care of and protect the other spouse.
3) Capacities: These are abilities or capabilities that each spouse brings to the union. For example,
a wife has the ability to conceive and bear children for the union.
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4) Incapacities: These are inabilities or incapacities that each spouse brings to the union. For
example a wife who is not educated and not skilled in anything may bring to the union the
inability to provide for the union.
3) Name the two types of marriage in Zambia
 There are only two types of marriage in Zambia, Statutory and Customary that are
recognized by law.
(a) Statutory marriage
 It refers to voluntary union of one wife and one husband for life and excluding all others.
 It is also referred to as a Civil marriage and it is a monogamous marriage (one husband and wife
a time.)
 A Statutory marriage cannot be converted to a Customary marriage because it is illegal and in order
for one to enter the Statutory marriage.
Requirements under Statutory marriage
1) Take out a notice of marriage:
 This is a notice of the couple‟s intention to marry made on a prescribed form to the Registrar of
Marriages at the Local Council Offices.
 The notice will be published outside the Registrar‟s office for 21 days.
 At least one of the parties intending to marry should be a resident within the district registered
under for at least 15 days before the marriage ceremonies.
 After 21 days, the marriage will be solemnized (celebrated) by a Pastor or Licensed Priest or
Marriage Registrar.
 During the period of notice, any person can stop the marriage if there is a good reason for the
couple not to marry by writing the word, forbidden and giving reasons, in the marriage notice
book.
2) Marriage payments:
 There are no marriage payments required in a Statutory marriage unless the individuals
concerned want to observe the customary ritual of payments.
 The Marriage Act does not stipulate any payment of any kind but most Zambians intending to
marry observe the traditional ritual of marriage payment commonly known as Lobola.
3) Age
 The parties intending to marry should be 21 years of age under the Marriage Act, but if any of
the parties is below 21 years but more than 16 years, he or she needs a letter of consent.
 This is a written permission and blessing of the parents or guardians, filed together with a
sworn affidavit at the High Court.
4) Relationship:
 The two intending to marry should not be related either by marriage or blood.
 These relationships which are prohibited by law to enter into marriage are known as prohibited
decrees.
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5) Solemnization of marriage:
 This is when the actual wedding is performed following the laid down rituals such as taking
vows, exchanging of rings and signing the Register.
 This should occur in a room with open doors between 08:00hrs and 18:00hours and there
should be at least two witnesses to sign the Register and certificate, together with the official
performing the ceremony and the couple.
6) Marriage certificate:
 This is the evidence of marriage and copy of which is kept by the Registrar and another by the
couple.
 The marriage is registered in the Marriage Register kept at the council which can be inspected
by anyone upon paying a search fee.
(b) Customary Marriage:
 This is a union of one man and one woman or women as husband and wife or wives.
 This is a marriage contracted under customary practices and a union may not be voluntary as in
a civil marriage because one may be compelled to marry a person chosen by relatives.
 Customary marriage is governed by customs and traditions, which are usually a process with a
series of ceremonies leading to marriage.
 The local Court Registrar can register and issue a marriage certificate as long as there is the
woman‟s guardian or parent to witness the registration.
Requirements under customary marriage
1) Consent:
 This is when parents or guardians of the woman getting married give permission for her to marry
and also when the persons getting married agree to marry.
2) Marriage payment
 This is anything valuable paid to the guardians or parents of the woman [bride to be] as
recognition of the marriage.
 This can be a token sum or a substantial amount depending on the ethnic group.
3) Spouse
 The parties to the marriage should be male and female, and the female should be single,
divorced or widowed but the male may already have one or more wives.
 The man should have the ability to provide for the family.
4) Relationship
 The persons intending to get married should not be related by blood or marriage, although in
some ethnic groups cousins can marry.
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(c) Other types of marriage
 Although these are considered marriages, they are not recognized by the law in Zambia
1. Religious Marriage:
 This is a marriage that is solemnized in a church, which should be followed up by registration at
either the Civic Centre or Council Offices under the marriage Act or at a Local Court under the
Local Court Act.
 However, some church and clergymen have been given license under the marriage act to
perform civil marriages.
 If a couple wants their marriage to be at a Church, notice is given of the impending marriage
through marriage banns.
 Marriage banns are announcements that are made in a church of the couple‟s intention to
marry.
 However, church members are asked to inform the priest in confidence for the couple not to
marry. For example, in the SDA church, the notice of intention to marry lasts for a period of at
least four to six months.
 As such, if the couple wants their marriage to be registered under the law, they should make sure
they are married by the Marriage Act licensed Pastor or they should register either with the
High Court (civil marriage) or Local Court (Customary Marriage).
 A copy of the marriage certificate should be sent to the registrar of marriages of the district to
be recorded in the marriage register.
2. Co-Habitation:
 This is a marriage where the parties concerned decided to live together on their own without the
consent of their parents, guardians and following any of the rituals performed either in a
customary or civil marriage.
 After some time, societies accept and recognize the couple as husband and wife and they may
even have children together and grandchild.
 The marriage will not be recognized under the law and will be referred to as a void marriage
and the couple no matter how long they live together will just be cohabiting.
3. Void Marriage:
 This is a marriage without a legal standing right from the beginning because it is null and void
 Any party to a avoid marriage may not be guilty of bigamy if he or she marries before divorcing
the so – called first wife or husband because the marriage was not right from the start.
 Bigamy is marrying another person while still legally married to someone else, which may be
due to:
 Lack of parental consent
 non – publication of the banns in church , If the man is under 21 years old, if the female is
under 21 years and above 16 years without the consent of her parents or guardians;
 If one party is already married under the marriage Act at the time of contracting the
“marriage”,
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 Prohibited decrees of marriage which are relationships by blood in legal terms known as
consanguinity or by marriage which by law is called affinity.
4. Voidable Marriage
 This is a marriage which is initially valid, but later invalidated by the court of law because of
the following reasons:
 If the child born is not the husband‟s child
 If a spouse has contracted a sexually transmitted infection from elsewhere not from the spouse
 If the marriage is not consummated due to impotence. Consummation in marriage means
making marriage valid by having sexual intercourse and is applicable to both civil and
customary marriage :
 Willful refusal to consummate the marriage by any parties
 Mental disorder of any of the parties.
b) Divorce
 Under the law, marriage cannot be considered for divorce until the court handling the case is satisfied,
that a marriage had actually existed.
1) Divorce in customary marriage
 According to the Matrimonial Causes Act of 1973, divorce under a customary law will take place
depending on the Custom the couple was marriage under.
 Some of the payments may be returned to the husband‟s family and it is expected under the
customary law that it is the man who divorces the wife and not vice versa.
 In a customary law, divorce can be done by the two families meeting together and marking the
decision or either party can sue the spouse for divorce in the Local court. Causes acceptable as
grounds for divorce in a customary marriage.
 Adultery of the wife (which does not need to be proved).
 Cruelty
 Laziness on the part of the wife
 Bad relations with the in – laws
 Infertility
 Lack of maintenance by the man.
 Desertion.
2) Divorce under statutory marriage
 The Matrimonial Causes Act of 1973, there is only one ground for divorce, which is that, „the
marriage has broken down irretrievably.‟
 This means that the marriage cannot be saved or redeemed using any other means, which can arise
out of the following reasons:
 Adultery which should be proved with the third person known and named.
 One or both of the married persons conduct themselves in unreasonable behavior, Cruelty or
violence that makes it impossible for the other partner to live safely.
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 If one partner disserts another for a period of two years, then there is sufficient ground for divorce.
 Separation with consent of the couple for two years.
 Living apart for a continuous period of five years.
 Note: a petition for divorce can only be filled in the high court after one year of marriage. Before
one year, it will not be a divorce but an annulment.
 The lawyers handling the case should verify whether they tried to reconcile the couple during the
period of separation.
 A Decree nissi a temporary divorce certificate given to a couple and after six weeks, a Decree
absolute (permanent divorce certificate) is granted provided the court is satisfied with the
arrangements made for the children.
b) Property Settlement (Sharing).
 After a divorce in a customary marriage, the woman usually gets some form of compensation to
allow her to start life afresh except in cases where she has committed adultery.
 However, these days it is recognized that whoever is at fault compensates the other, therefore,
whoever has more money will pay compensation to the other.
 In Civil marriage, property is shared by the court‟s Deputy Registrar. In a situation where one
person worked and brought in all the earnings, the person who stayed at home and looked after the
home and family gets a third [1/3] of the total wealth of the couple. If both worked and earned a
living, they will share their property half – half or fifty – fifty basis.
 Sometimes in a Civil marriage, a couple may choose to marry in Community of Property which
means that everything they owned and their debts, from before their marriage is put together in a
Joint Estate.
c) Maintenance of Spouse and Children
 During marriage under statutory law, the spouse has a duty to maintain his or her partner.
 After divorce, a spouse still has the responsibility of maintaining his or her spouse until he or she
demand or becomes financially independent.
 Maintenance may be paid periodically as agreement upon by the parties or it may be paid as be paid
as a lump sum.
 The amount depends on the income earned and the financial status of the parties involved .under the
customary law ,
 The court can award any amount for either period or lump sum maintenance as they see it fit.
 If either is not satisfied with the amount awarded, they can appeal in the subordinate (Magistrate)
Court.
 The maintenance of children is provided in the AFFILIATION and maintenance provisions Act,
CAP 64 of the revised laws of Zambia.
 This Act permits children born out of wedlock to be affiliated to their male parent and thereby ,
claim maintenance:
 A child; from its affiliated father or legal parents.
 A guardian; for example, a grandparent or an uncle can claim maintenance on behalf of the child.
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 A single woman from the affiliated father or her child
 A spouse his or her partner where divorced or not.
 Note: anyone wishing to claim maintenance can approach the clerk at the nearest local court or
lawyer.
d) Custody of children
 The law states that there should be always an adult to look after the children.
 If the children are young the court usually gives custody to the mother.
 If a mother does not manage to provide for the children, the father still has a maintaining for the
mother and children.
e) Adoption of children
 The laws of Zambia, under Adoption of children Act, chapter 136 of 1948, the courts have been
giving power to grant an order to adults requesting to adopt a child
Categories of adoption
 A couple can jointly adopt an infant is a childless 7 years old.
 The step mother or father of the infant also is eligible.
 Both the infant and the person applying for adoption should live in Zambia.
 The infancy has been looked after by the applicant continuously for at least three months before the
date of adoption.
 The person intending to adopt notifies the commission three months before.
However, the law forbids adoption if:
 Adoption of a female infant by a male applicant on his own unless there are special reasons for
doing so.
 Adoption of an infant who already has parent (s) or guardian or anybody providing maintenance.
 When granted the adoption should be registered with the Register who records the details in the
Adoption Children‟s Register.
Adoption societies
Their organization that exist for adoption of infancy and they will not be registered if it appear that;
 The activities of the society are not control the members of the society
 Any member working for such a society is not fit to work for an organization
 The number of competent persons employed is not sufficient to cope with work
f) Legitimacy of children
 The legitimacy act of 1927 of the laws of Zambia provides that a child born out of wed lock should be
legitimate but this act has been taken by UNCRC of 1989 attempts to equalize children from outside
marriage and those born of a wed lock
g) Succession.
 Succession when death occurs in a family is usually defined by traditional names and customs of the
ethnic group that family belongs to.
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 For example the Bemba‟s trace their lineage through the mother (Matrilineal), therefore, when a Bemba
person, chief or headman dies, his sons are not eligible to succeed him but one of his nephews would
succeed him. A complete opposite in the case of the Ngoni.
h) Inheritance of property
 In Zambia, the inheritance of property is provided for in the testate and intestate succession Act.
a) TESTATE SUCCESSION
 It deals with the inheritance of property of a dead person who left a will.
 The will is a declaration normally in writing stating how a person wants his or her property
distribution in the event of his or her death
Key terms in the testate succession act
 Testator (male) the person who made the will and Testatrix (female).
 An oral will can also be valid if it is made in the presence of two witnesses not beneficiaries to
the estate.
 Intestate succession is when some dies without living a will living a will behind or someone who
has left a will but is nullified by the court.
 Property is defined as a person‟s items of clothing, articles of personal use such as vehicles
bicycles, furniture, appliances, utensils, boat, livestock, agriculture equipment, books and money.
b) THE INTESTATE SUCCESSION ACT STATES
 20% of the estate goes to the surviving spouse.
 If no surviving 20% will be distributed to the children according to the proportion of ages and
needs
 If there are no children , 20% will be given to parent to share 10% each
 If there are no parents, the 20% goes to dependents in equal shares.
 When all the mentioned relatives are not alive, then his or her estate will go to relatives such as
brothers, sisters, grandparents, cousins in equal shares.
 When none of the relatives mentioned do not exist, the estate goes to government.
 When a man dies in a polygamous marriage, 20% will be shared among the surviving depending on
the number of years in marriage.
 50% of the estate goes to the children both in and outside wedlock according to age and needs of
each child.
 If there are no children, the 50% goes to surviving spouse dependent and the parents.
 If there are no parents, the 50% goes to the spouse and dependents shared equally.
 20% goes to the parents or guardians.
 Where there are no parents, 20% will be given to the children and the spouse equally.
 10% goes to dependents in equal proportions. In this case, the dependents are those living with the
deceased prior to his or her death, or living outside the home but dependent on the deceased. Where
there are no dependents 10% goes to parents
 If there are no parents, it is shared between the surviving spouse and children equally.
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E. Assess the effects of separation, divorce and death on a family
 The following are some of the impact on the spouse, children and extended family due to separation,
divorce and death in the family:
1) Children lack parental guidance and care;
2) Children resort to substance abuse and prostitution;
3) Girls enter into early marriages;
4) Loss of family ties;
5) Increase in the number of street kids; and
6) Increase in the spread of HIV and AIDS
7) Increase in juvenile delinquency
8) Disruption of children‟s education
9) Children grow without parental love
F. State the roles of the Victim Support Units (VSU) in family law
1) It was created to prosecute, investigate sensitize the public and offer counseling service to families
which are affected. It deals with family offences such as;
2) Domestic violence.
3) Arson.
4) Occasioning bodily harm.
5) Causing grievous bodily harm.
6) Malicious damage
7) Sodomy
8) Indecent assault
9) Child protection
10) Human trafficking
11) Criminal Investigations Department will deal with people who have committed such crimes.
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Topic 4: Development Planning
Specific Learning Outcomes (By the end of this topic Learners Should Be Able To-LSBAT):
1) Explain the concept Development Planning
2) Discuss types of development planning
3) Describe methods of planning
4) Discuss the importance of budgeting and fiscal discipline in development planning
5) Explain the functions of micro and macro-economic financial institutions
6) Examine indicators of development
7) Outline Zambia‟s national development plans from independence to present
A. Explain the concept Development Planning
1) Plans
 Are intentions or set suggestions aimed at achieving certain set goals in future?
2) Development planning
 Refers to the deliberate effort by the state aimed at achieving certain set goals
 Is the preparation of the development plan and other supporting policies
 Studies which form the basis for making decision on planning applications
3) Goals/Aims of development plan
 Giving better services to the people
 Elimination of disparities between urban and rural areas
 Rising the standard of living of the people through increased income returns
4) Purpose/factors/characteristics of a good development plan
 A statement of general objectives of economy and social policy
 An evaluation of progress achieved under the preceding plan.
 Current economic conditions especially national income, productive and foreign trade
 Current social situation especially population changes, education, health housing and social
security
 Estimates of the growth, or social component during the period covered by the plan.
 Measures designed to raise the rate of economic growth for example:- to stimulate saving and
investment and to increase productivity which are impossible to achieve.
 To move towards a sustainable growth
5) Levels of planning
a) Individual Planning
 An individual has to draw a plan and a budget for a particular activity.
 Identification of resources to be used in the individual project
 An individual plan of action should have specific time frame, estimated income and
expenditure on the project
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b) Community Level
 A group of people identifies resources to be used in a particular project.
 Then they draw a plan and a budget for the project which should show sources of funds
c) National Level
 Government will draw a plan and budget
 Government may decide to build bridges across the country, schools and hospitals.
 The government will advertise the project through tender to invite individuals or
companies to carry out projects.
d) International level
 This takes place at place international.
 For example, the United Nations Organization has set up international development
targets known as Sustainable Development Goals (SDGs) to be achieved by individual
states by 2030
B. Discuss types of development planning
1. Short Term Plan
 This covers a short period from (6) six months to (12) one year. It is sometimes referred to as the
Annual National Plan. The Annual Plan is the control plan which checks different ministries to
make sure that what was planned and budgeted for has been implemented.
 The major challenge about short term plan is under estimation.
2. Medium Term Plan
 It ranges between (3) three and (7) several years with (5) five years as the most popular choice.
 The purpose of medium Term Plan is to move towards self-sustaining growth, growth, for
example:- after independence Zambia had the Emergence
 National Development Plan which was designed to move the country from colonial MonoEconomy to diversified economy.
The main objectives of the Medium Term Plan may be: Diversify the economy to eliminate over dependence on one or two products
 Increase the value of the Nations own input
 Maintain reasonable price stability
 Eliminate disparities between urban and rural population in interns of wealth and job opportunities
 Raise the level of general education
 Provide training to equip more people for administrative and technical jobs
 Develop the necessary social infrastructure such as schools hospitals and roads
 Develop transport and communications
 Attain self-sufficiency in food supply and security and new sources energy
 Balance development between manufacturing industry and Agriculture
 Stabilize the economy by controlling inflation
 Periodically review the exchange and interest rate.
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3. Long Term Plan
This is sometimes referred to as the Long Range Development Plan. It covers a period of (10) ten to
(20) twenty years and above. The Plan is mostly needed for implementation of huge projects
 Reforestation
 Opening new mines.
 construction of hydro station
 Construction of new roads and railway lines such projects. It also enables government to spread
development to all areas particularly in rural areas.
 A long term plan takes care of the shortcoming of short and medium term plan such as planning for
too many things in one budget
C. Describe methods of planning
1) Centralized planning
 This is the kind of planning done by the central government without the involvement of the local
community.
 It is one where the control of the plan is centralised at one place.
 In the past centralized planning and administration were considered necessary to guide and control
the economics of countries
 is an economy where decisions on what to produce, how to and for whom are taken by central
government,
 This type of planning was common in communist countries. Zambia used this type of planning in
the first and second Republics.
2) Decentralized Planning
 This type of planning is done by involving the local community.
 A local community identifies projects to be under taken at community level by taking into
consideration its actual needs.
 For example: - Schools, hospitals, bridges, piped water and housing units.
 The community may draw a budget for it to be submitted to the central Government for funding
 The Zambian government tried this type of planning in the 1980s but there was less success.
 Much of the resources were spent on workers than on development projects.
 Since the year 2000, Decentralized planning has been re- introduced in Zambia through Activity Based
Budgeting Plans in the community.
 However, in 2023 Zambia re-launched the National Decentralization Policy which has devolved more
powers to Local Communities such as Civil Servants Recruitment and Constituency Development
Funds (CDF)
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Comparisons between Centralized and Decentralized Planning
Centralized planning
Decentralized planning
1.Top down planning
1.Bottom up planning
2. Planning done by Central government
2. Planning done by Local Government
3. Planning lacks responsiveness as little is known
about local community
3. Planning is responsive as more known about the
local community
4. Lack of local community participation in
formulating community development plans
4. Local community participation in formulating
community development plans
5. Lack of local community participation in
implementing community development plans
5. Local community participation in implementing
community development plans
6. Delays in making decisions on local community
needs
6. Quicker in making decisions on local community
needs
7. Lack of priorities on local community needs
7. High priorities on local community needs
8. Lack of local community development
8. High local community development
9. Poor standards of living for local people
9. High standards of living for local people
10. Promotes dependence syndrome on central
government by local community
10. Promotes self-sustainability in local communities
D. Discuss the importance of budgeting and fiscal discipline in development planning
a) The importance of budgeting in development planning
1) Budget
 is an estimate of income and expenditure. It is the balance between government‟s income
and expenditure
 is a plan of action for a specific period of time indicating estimated income and expenditure
on the project.
 The budget plays an important role in determining the performance of the economy.
 In Zambia the constitution mandates the Minister of Finance and National Planning to
present the budget for approval to the national assembly.
 This must be done under three months (90) days of each financial year.
 The budget is presented every October and implemented in January the following year
2) Medium Term Expenditure Framework (MTEF)
 This is a three year frame work within which available resources are divided between sectors
on the basis of achieving government objectives.
 MTEF allows for the budgeting preparation process to commence early.
 The MTEF was introduced as a measure to address weaknesses in the budgeting and
planning process.
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3) National Budget process
 All issues which are to form part of the budget require Cabinet approval.
 The Cabinet meets more than once to chart the course of the budget.
 The first cabinet meeting is held between the third and fourth quarters of the financial year.
 The Next meeting takes place after the budget has been completed.
 The meeting ensures that all observations made during the first meeting have been
incorporated on the resources side.
Stage 1: Drafting of national budget
 This is the first stage in national budget process
 Ministry of Finance will make a first draft a national budget on the Green paper by compiling
all requirements received from various government ministries and other departments.
 The first drafted national budget on Green paper is consolidated and forwarded to cabinet for
approval after which the green paper is printed for circulation.
Stage 2: Cabinet approval of national budget draft
 Cabinet will then receive the first draft national budget to scrutinize it before sending it for
public discussion
 Cabinet will set national budget ceilings before sending it to all line ministries, provincial and
spending agencies together with the time table for discussion.
Stage 3: Public discussion on cabinet approved national budget draft
 All line ministries, provincial and spending agencies will receive the approved first national
budget from Cabinet with ceilings as they engage in national budget discussions
 This enables different sectors to contribute or make suggestions for inclusion in the first draft of
national budget
Stage 4: Cabinet approval of national budget draft amendments
 Cabinet will receive suggestions for inclusion in the first draft of national budget from the
national budget discussions in stage 3
 Cabinet will consolidate the submissions received from budget discussions in stage 3 before
sending it to Ministry of Finance to finalize it and put it on Yellow paper.
Stage 5: Parliament approval of national budget draft
 At this stage, the second draft of national budget is consolidated on Yellow paper and presented
by the Minister of Finance and National Planning to Parliament for approval.
 The National Budget us usually presented in parliament in the last 3 months (90 days )
specifically in October and continued to be debated and approved before 31st December
 The approved national budget is then put on White paper
 After the budget has been presented for approval by the National assembly, two bills are
prepared and presented in the national assembly.
 The Bills are the Supplementary Appropriation Bill and Excess Expenditure Appropriation
Bill.
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 These are aimed at normalizing measures contained in the budget.
 After the Appropriation Bill is passed into an act, the General Warrant is prepared for the
president to sign.
 The General Warrant gives authority to the Secretary to the Treasury to release funds for all
Programmes.
 The General Warrant replaces the Provincial Warrant.(PW)
Stage 6: National Budget Execution/Implementation
 The new approved national budget on White paper is always implemented in January of the new
year
 The Ministry Finance and National Planning will go ahead and inform ministries, Provinces and
spending agencies (MPSAs) on quarterly releases of funds allocated in the budget.
Stage 7: National Budget monitoring
 Monitoring and evaluation of the budget is the responsibility of all the key players who should
administer and evaluate the use of public funds.
o Controlling officers (heads of government department)
o Accountant General- analyses the expenditure returns by ministry, province and
spending agencies
o The Monitoring and the Evaluation unit at the Ministry of Finance
Stage 8: National Budget Evaluation/Audit
 Auditing of the national budget is done by:
o Internal auditors in all Ministries and Departments
o Accountant Generals Office in all Ministries
o Auditor General- audits the public funds on yearly basis
o Parliamentary Accounts Committee (PAC)
4) Importance of budgeting
1. It helps nation to give priority to basic needs such as food, health and education
2. It helps nation to save money for future use
3. It is a control measure to mean it helps a nation to cut down on wastages and make best use
of the money available.
4. It promotes transparency in the handling of money in a nation as the budget will be there to
been by anyone.
5. It helps people to accountable as all they have raised and spent will be clearly written down.
6. It promotes equity in the sharing of resources more especially in a family and nation as all
need areas will be given a fair share of the money.
7. It helps to mobilize resources for capital expenditure
8. It helps to introduce taxation measures
9. It helps government to service debt promptly
10. It helps government to promptly fund the key economical areas
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b) The importance of fiscal discipline in development planning
a) Fiscal Discipline
 Means strict control of public resources
 Is part of governance of overall economic policy aimed at achieving the government economic
objectives
 Government uses taxation, public and budget surplus or deficit to measure fiscal disciple in use
of resources
b) Importance of fiscal discipline
1. Reeducation of government expenditure in unproductive areas
2. Stops government borrowing from banks
3. Provision of more credit facilities to private sector
4. Avoids unfounded supplementary expenditure
5. Avoids adjustment of government spending to accommodate inflation
6. Leads to economic growth
7. Lowers interest rates in banks to encourage savings
8. Retrains wage increases to cut down on government expenditure on wage bills
9. Restrain price increase to keep inflation low
10. It maintains a realistic exchange rate
11. It encourages transparency and accountability
12. It encourages competition in the economy
E. Explain the functions of micro and macro-economic financial institutions
1) Micro financial institutions
 Micro- Is a Greek word meaning “small ’’
 A Micro Financial institution is one that gives financial assistance to small scale producers or
entrepreneurs for small scale projects. For example:- farming, repair of a classroom blocks and
improving water supply.
Example of micro finance institutions
 Zambia Social Investment Fund (ZAMSIF)
 Women Finance Cooperative of Zambia
 Bay Port Finance Service
 Unity Finance
 Blue Financial services
 Izwe loans
 Microfin
Functions of micro financial institutions
1. Advise customers on small investments
2. Facilitate the withdraw on money to small scale customers
3. Extend small loans to small scale customers
4. Facilitates salary advances to customers
5. Helps small scale customers to save money
6. Gives overdraft facilities to small scale business men
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2) Macro- financial institutions
 Macro- is a Greek word meaning “large”.
 Macro Financial institutions are institutions which fund large scale projects such as construction
of schools, bridges, roads and railway line.
a) International Monetary Fund (IMF)
 The IMF is a specialized agency of the United Nations Organization which was set up in
1944.
 Some of the Objectives of the fund are to:o Promote international Monetary Cooperation.
o Promote stable exchange rates and maintain orderly exchange arrangements
o Facilitate the expansion and balanced growth of international trade.
o Encourage full convertibility between currencies and can end to exchange rates controls
o To shorten periods of balance of payments of member countries
o However, the economic adjustments policies prescribed by the IMF are considered by
many to hinder development.
The measures suggested by the IMF to overcome the balance of payments
Problems include: Relaxing exchange controls
 Removal of import restrictions, price controls and the end of subsidies
 Removal of controls over foreign exchange and imports in order to get assistance.
 The IMF‟s main financial role is to provide temporary credits to members experiencing balance
payments‟ difficulties.
b) International Bank for Reconstruction and Development (IBRD)
 The IBRD is commonly known as the World Bank. It began its operations in 1946.
 The Bank encourages capital investment for all member states.
 It gives loans to specific projects that are productive and provides Finance for foreign exchange
requirements for such projects Loans are usually for a period of 20 years with grace period of
five years.
c) African Development Bank (ADB)
 The ADB was established in August 1963 and began its operations in July 1966.
 It gives concessionary loans to member states.
 Concessionary Loan is money given to a country with no conditions attached.
 It gives Loans to specific project that are productive and provides finance for foreign exchange
requirements for such projects. The loans given are paid back with a low interest rate less than
10%
 The Bank also gives grants to member states to finance essential projects in education and
health. The headquarters of ADB is in Addis Ababa, Ethiopia.
d) Arab Bank for Economic Development in Africa (ABEDA)
 The Bank was set up by the Arab League in 1973 and begun operat5ions in 1975.
 The Head Office is in Khartoum, Sudan. It gives loans to specific projects that are productive
and provide finance for foreign exchange.
 Generally, Projects are financed jointly with international lending institutions such as the World
Bank and African Development Bank. Zambia obtained loans from ABEDA for capital projects
such as road construction.
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F. Examine indicators of development
 Indicators of development are signs that show whether or not there is improvement in the country‟s
economy and people‟s basic needs such as food, safe and clean drinking water housing education and
health.
 These are measurable variables which are assumed directly related to development such as:1. Gross National Product (GNP) or The National Income
 This is measure of production in monetary terms during period of time.
 It is the amount of goods and services produced within and outside the country in particular year
 It also includes income from abroad.
2. Gross Domestic Product (GDP)
 Is the total output of an economy and consists of all accounted for goods and services that have
been produced in the course of the year within the country.
 All products and services produced within the country are added up calculated in monetary
form.
3. Human Development Index (HDI)
 This is the measure of human development using four
 Life expectancy at birth
 Adult literacy
 Average years of schooling
 Purchasing power of persons aged 25 and above expressed in dollars
 If the country has a life expectancy at birth, a high adult literacy levels and a high average years
of schooling and purchasing power per person. It is said to have a high level of development
4. Per Capita Income
 It is the GNP of the country divided by the total population.
 This does not take into account income distribution disparities
 Per Capital Income = GNP
Total population
G. Outline Zambia’s national development plans from independence to present
1) The Emergency Development Plan (EDP)
It was launched immediately after independence. The aims were;
 To restructure the inherited colonial capitalist economy.
 Designed to lay a viable administrative structure
 Provide a framework for more comprehensive programmes of economic and social development in
Zambia.
2) The National Transitional Development Plan (NTDP)
This plan covered the period from 1965 to1966. The aims were:
 Extend transport and communication services
 Improvement of agriculture and education services (Primary schools and Secondary were built in
each district
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3) The First National Development Plan (FNDP)
It covered the period from 1966 to 1970. The aims were:
 Diversify the economy from mining to agriculture and manufacturing
 Develop rural areas
 Expand education services
 Expand welfare societies
 Improve transport and communication
 Create 100,000 jobs by 1970
4) The Second National Development Plan (SNDP)
This covered the period from 1972 to 1976. The aims were:
 Attaining self-sufficient food supplies and improvement of income
 Expanding and diversifying industry and mining through import substitution by using local
materials.
 Initiating measures for regional development
 Linking educational programmes to the country‟s manpower requirements etc.
 Improve the existing infrastructure such as power, transport and communication
5) Third National Development Plan (TNDP) 1980 – 1983
It had the following provisions: Allocating investment funds and creating a base for the transformation of society through socialism
and Humanism
 Involving the private sector in economic and social development while taking into account Socialist
and Humanist ideas.
 Balanced development with regard to linkages between industry and agriculture
 Increasing the production of consumer and capital goods
 Fair income distribution and creating and egalitarian (Communal Society)
 Diversification of the economy and rural development
 Expanding education training facilities to speed up Zambianasation.
6) Fourth Development Plan (FNDP) 1989- 1993
This plan was followed by the New Economic Recovery Program, (July 1987 to December 1993)
The FNDP focused on: Periodic review of the exchange rate and interest rates
 The reduction of budget deficit to below 2% of Gross Domestic Product (GDP) by 1993
 A gradual reduction of subsidies so as to reduce pressure on the budget.
 Reduction in the annual growth of money supply to below 40% by 1993
 Reduction in the rate of inflation to below 20% in 1993
 Increase capacity utilization to above 70% of industrial averages by 1993
 Reducing the number of price controlled items to one by 1993
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7) Transitional National Development Plan (TNDP)
In 2002 the government re introduced the National Development Plans it was expected to run from 2002 to
2005. The major aim was to reduce poverty and debt burden. To do this a Poverty Strategy Paper (PRSP)
was introduced. Poverty Reduction Paper (PRSP) 2002 to 2005. The programme was started by
International Monetary Fund (IMF)
The concentration was:
 Cross cutting issues
 Education
 Healthy
 Agricultural
 Macro-economic issues
However the programme or development plan could not cover security sectors such as:
 Police and defence
8) Vision 2030
This is a long term plan aimed at making Zambia a prosperous middle income nation by 2030. To do this,
the government is to
 Be gender responsive
 Respect for human rights
 Have good traditional and family values
 Be peaceful
 Be public partners
Some of the Aspirations of Vision 2030 are
 Well maintained and developed infrastructure
 Technological proficiency
 Strong entrepreneur skills
 A conclusive macro-economic environment for growth
 Diversified education curricular
9) Fifth National Development Plan (FNDP)
The Fifth National Development Plan was based on the Vision 2030. It focuses on broad based wealth and
job creation through citizen participation. It covers the period from 2006 – 2010. Some of its aims are:
 Develop and rehabilitate infrastructure
 Develop human resource and capacity building
 Promote rural electrification
 Promote investment
 Promote accountability and transparency
 Develop small scale and large scale mining
 Develop and promote flexible and inclusive education programmes to take care of Children with
Special Needs (CSEN), School Health Nutrition (SHN), Orphaned and Vulnerable Children (OVC)
and HIV and AIDS
 Establish the E-Government ICT Application, etc.
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10) Sixth National Development Plan (SNDP)
The SNDP covers a period between 2011-2015. It aimed at building on the gains of the FNDP in the
process of attaining the Vision 2030. The theme of the Sixth National Development Plan was, "sustained
economic growth and poverty reduction". The objectives of the SNDP were accelerating:
 Infrastructure development
 Economic growth and diversification
 Rural investment and poverty reduction
 Enhance human development
Following the objectives above, the plan aimed at addressing the challenges of realising broad based propoor growth, employment creation and human development.
11) The Seventh National Development Plan (7NDP)
The plan covers the period 2017 - 2021. Its theme was, “Accelerating development efforts towards the
vision 2030 without leaving anyone behind”. The 7NDP was a vehicle to fulfil the United Nations
Sustainable Development Goals (SDGs) which is a universal call to end poverty, protect the planet and
ensure that all people enjoy peace and prosperity. It was also a tool for actualisation of Smart Zambia by
making use of ICT for development. The following are objectives of the 7NDP:
 Recognizing the impact of climate change on development and its threat to human kind
 Promoting the adoption of agricultural environmental-friendly practice
 Building new capital city, more roads and plant 500,000 hectares of trees across the country
 Recapitalising various industries e g Mulungushi textiles and Kawambwa tea company
 Promoting cultural transformation
 Utilisation of natural resources
 Fostering good neighbourliness and nurturing extended families
 Addressing issues of moral decay
12) The Eighth National Development Plan (8NDP)
The Eighth National Development Plan (8NDP) covers the period between 2022-2026. The theme for
8NDP is, “Social economic transformation for livelihoods”. The main aim of this plan is to improve the
efficiency and competiveness of the economy to sustainability and lifts the living standards of people. The
objectives or goals of this plan are to achieve:
 Economic transformation
 Job creation
 Human rights and social development
 Environmental sustainability
 Good governance environment
The plan is further designed to unlock the country's immense prospects of all the sectors of the economy for
sustainability, holistic and inclusive national development with the aim of retuning to vision 2030, that is
becoming prosperous middle income nation.
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Topic 5: Poverty Reduction in Zambia
Specific Learning Outcomes (By the end of this topic Learners Should Be Able To-LSBAT):
1) Describe the concept poverty
2) Explain the causes of poverty
3) Explain the factors of poverty
4) Assess the effects of poverty
5) Discuss poverty alleviation strategies
6) Evaluate poverty alleviation strategies and their implementation in Zambia.
A. Describe the concept poverty
1) Definition of poverty
 Is a condition of not having sufficient resources to meet basic needs of life such as food, safe
drinking water, clothing, shelter, sanitation, health, education and information?
2) Types of poverty
a. Relative Poverty:
 It is the poverty of people in comparison to other people in the surroundings, region or country.
 Is when the poverty of people of a given area is compared to people of the other area
 Is a state in which people cannot afford to participate in the society and benefit from activities
that most people take for granted but they can afford the minimum required basic needs.
b. Absolute (Abject) poverty:
 It is a severe deprivation of basic needs of life such as food, safe drinking water, clothing,
shelter, sanitation, health, education and information.
 It is a condition of life characterized by malnutrition, illiteracy, poor surrounding, high infant
mortality and low life expectancy.
3) Measurements of poverty using three (3) perspectives
Poverty can be measured using the following three (3) perspectives.
1) Income Perspective:
 A person is poor if his or her income falls below the Poverty Datum Line.
 For example: a person living on one dollar a day.
 Poverty Datum Line: is the amount of monthly income required to purchase basic food to meet
the minimum caloric requirements for a family of six (6) (food basket).
2) Basic Needs Perspective:
 A person is poor if his or her requirements for a minimal acceptable fulfilment of human needs
are not met.
3) Capability Perspective:
 A person is poor if he or she lacks certain capabilities to function such as adequate food,
clothing, shelter and ability to participate in community activities.
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4) Measurement of poverty using United Nation Development Planning (UNDP) Human Poverty
Index (HPI)
 This is as a measure used by the United Nation Development Planning (UNDP) to measure
poverty in a given country.
 Human Development is the process of enlarging peoples‟ choices to their personal
advancement.
 The UNDP measures poverty in terms of deprivations. Namely;
i. Deprivation of a long and healthy life expectancy of about 40 years
ii. Deprivation of knowledge measured by illiteracy levels
iii. Deprivation of economic provisions measured by people‟s access to food, clothing, shelter
among others
5) Characteristics of poverty
1. Personal and Physical Status
1. Has no food or does not eat well
2. Lack access to education
3. Lack access to adequate shelter
4. Lack of access to health care
5. Poor clothing
2. Economic Status
6. Lack of money or adequate income. Urban areas
7. Lack of productive assets such as ploughs, hoes, oxen, fishing nets, canoes. Rural areas
3. Social Status
8. Inequality
9. Low self esteem
10. Landlessness/ no access to land
4. Political Participation
11. Powerlessness
12. Lack of political voice
13. Lack of access to legal institutions that is courts of law.
B. Explain the causes of poverty
1) Lack of economic growth
 The causes of poor economic performance can be broadly divided into internal and external
factors:
a) Internal Factors
 Zambia‟s policies focused on the state taking over private business, and heavy involvement in
the productive sectors of the Economy. The Economic reforms that were adopted left the
majority of people insecure in terms of employment, income and health.
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b) External Factors
 Copper exports accounted for 90% of the country‟s export earnings and about 50% of total local
production of good and services or Gross Domestic Product. (GDP). The fall in copper prices
from mid-1970‟s severely affected the government‟s capacity to invest in the Economy and
provided adequate social service.
2) Changes in Agriculture Policies
 There were negative agricultural policies between 1992 and 2001. Some of the negative policy
changes included the removal of the system in which farmers were offered fertilizer on a pay
back basis and the liberalization of the markets for the agricultural produce.
3) Agricultural sector of the economy is characterized by
1. Inconsistent agricultural policies
2. Late arrival of agricultural inputs
3. Expensive agricultural inputs and implements
4. Inadequate storage facilities
5. Insufficient extension services and market information.
6. Endemic livestock diseases
7. Poor road infrastructure especially in rural areas.
4) Debt burden
 Over the years, the payment of the debts on average accounted for 10 percent of the Gross
Domestic Product GDP. This means that more money is spent on servicing the debt at the
expense of investing in social and economic development.
5) External Dependence
 Zambia has continued to borrow from partners to invest in social and economic development for
example, in the education and health.
6) Climatic Variation
 Rainfall patterns are increasingly erratic and droughts are a common feature and this has led to
low food production, hence food insecurity,
7) Morbidity and mortality
 Morbidity means increase in illnesses. At National Level economic growth is affected by the
high incidence of HIV/AIDS which has led to loss of human resource through death and loss of
man power due to sickness.
8) Orphans
 The increase in the number of orphans requiring care and support from relatives causes a strain
on the families.
9) Single parent households
 Many single parent or child headed households have failed to meet the basic needs of the
families.
10) Inequality
 It has been observed that the gap between the rich and poor is widening. This inequality in terms
of income, education, wealth and access to assets has led to high poverty levels.
11) Low pay
 Low pay is actually a major cause of poverty.
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12) Conflict
 When there is conflict in a society, less time is spent on economic activities. Hence there is no
time to create wealth.
13) Gender inequality in economic activities.
 The participation of women in economic development is very low. Most women have no access
to loans and land, and other means of production.
14) Poor Work culture
 When people have a negative attitude towards work and lack initiative this can lead to poverty
15) Individual Weakness/Laziness
 Laziness and lack of responsibility can lead to poverty and dependency syndrome
16) High Unemployment levels:
 People with no employment will lack income to support their welfare; hence they will depend
on others to support them.
17) Corruption:
 Rampant corruption makes the few privileged benefit while the majority are denied the chance
to prosper hence, remain in poverty
C. Explain the factors of poverty
 A "factor" and a "cause" are not quite the same thing. A "cause" can be seen as something that
contributes to the origin of a problem like poverty, while a "factor" can be seen as something
that contributes to its continuation after it already exists.
 The factors of poverty (as a social problem) that are listed here, ignorance, disease, apathy,
dishonesty and dependency, are to be seen simply as conditions.
 These big five, in turn, contribute to secondary factors such as lack of markets, poor
infrastructure, poor leadership, bad governance, under-employment, lack of skills, absenteeism,
lack of capital, and others.
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1) Ignorance:
 Ignorance means having a lack of information, or lack of knowledge. It is different from
stupidity which is lack of intelligence, and different from foolishness which is lack of wisdom.
2) Disease:
 When a community has a high disease rate, absenteeism is high, productivity is low, and less
wealth is created.
 Apart from the misery, discomfort and death that results from disease, it is also a major factor in
poverty in a community.
3) Apathy:
 Apathy is when people do not care, or when they feel so powerless that they do not try to change
things, to right a wrong, to fix a mistake, or to improve conditions.
 Sometimes, some people feel so unable to achieve something, they are jealous of their family
relatives or fellow members of their community who attempt to do so. Then they seek to bring
the attempting achiever down to their own level of poverty.
4) Dishonesty:
 When resources that are intended to be used for community services or facilities, are diverted
into the private pockets of someone in a position of power, there is more than morality at stake
here.
 Dishonesty among persons of trust and power.
 The amount stolen from the public, that is received and enjoyed by the individual, is far less
than the decrease in wealth that was intended for the public.
5) Dependency:
 Dependency results from being on the receiving end of charity. In the short run, as after a
disaster, that charity may be essential for survival. In the long run, that charity can contribute to
the possible demise of the recipient, and certainly to ongoing poverty.
 It is an attitude, a belief, that one is so poor, so helpless, that one cannot help one's self, that a
group cannot help itself, and that it must depend on assistance from outside.
 The attitude, and shared belief is the biggest self-justifying factor in perpetuating the condition
where the self or group must depend on outside help.
D. Assess the effects of poverty
1. Hunger / food insecurity
2. High unemployment levels
3. Increase in crime
4. Conflicts in society
5. Increase in corruption and vandalism
6. Increase in dependency syndrome
7. Low life expectancy due to low standard of living and other factors
8. Increase in prostitution {commercial sex}
9. Lack of access to basic needs like food, shelter, clean water, education and health facilities
10. Breakdown of the extended family system
11. Depletion of natural resources due to more people exploiting the same inadequate resources
12. Increase in child labour
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E. Discuss poverty alleviation strategies
 Poverty alleviation is the process of lessening the suffering of the poor by meeting their immediate
pressing needs
 Some of the way through which poverty Zambia can be alleviated:
1. Improve the provision of education as education is a very powerful tool for poverty reduction
2. Increase food production and empower small scale farmers
3. Improve the health status of people in Zambia especially the poor.
4. Reduce the incidence, infection and socio economic impact of HIV/AIDS
5. Increase access to safe water and sanitation
6. Promote a self-sustaining export led agricultural sector ensure increased household income and
food security
7. Increase access to skills development and vocational training
8. Promote rural electrification to attract investments and reduce unemployment. In rural areas
9. Increase access to means of production such as land and farming implements
10. Job creation specially for the youths
11. Strengthen climate-resilient food security
12. A change in people‟s employment mind-sets to entrepreneur mind-sets
F. Evaluate poverty alleviation strategies and their implementation in Zambia.
 Poverty Reduction Strategy Paper (PRSP) is the overall framework for national planning and
development focusing on intervention for poverty reduction.
 Areas addressed by the PRSP:
1. Macroeconomics- to achieve a high and sustained real GDP growth greater equity of opportunity,
income and access to resources
2. Agriculture- to promote a self-sustaining export led agricultural sector which ensures increased
household income and food security.
3. Tourism- to enhance the tourism sector‟s contribution to economic growth and poverty reduction
4. Mining- to promote investment in the mining industry and ensure the development of selfsustaining mineral based industry.
5. Industry- to promote growth of an export led industry leading to employment creation and poverty
reduction.
6. Health- to improve the health status of the people of Zambia
7. Education – to provide relevant, equitable, efficient and quality education for For all
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8. HIV/AIDS- to reduce the incidence, infection and socio-economic impact of HIV/AIDS.
9. Gender – to promote gender balance to ease the burden of poverty especially of women at the
house hold, community and national levels.
10. Environment – to formulate appropriate policies on the protection of the environment, management
and development of natural resources and ensure their efficient and effective delivery
11. Energy – to ensure optimum supply and utilization of energy
12. Water and sanitation- to contribute to poverty reduction through increased access to safe water
and sanitation, increased food production and increased food production and food security.
13. Transport and Communication- to create an efficient transport and communication system that
will promote economic growth and poverty reduction
To be continued with addition of the last two topics
Topic 6: Environmental Education
Topic 7: Globalization
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