The Promotion of Children's Rights in Zambia.

CHILD RIGHTS IN ZAMBIA

INTRODUCTION

This study seeks to height the history of the child’s right and how Zambia has positioned herself in the promotion of the rights of the child in accordance with UNCRC resolution.

All children have a right to survive, to develop to the full, and to enjoy a safe, healthy and happy childhood. They have a right to healthy physical and emotional. Development, and to live, learn and be full and respected members of the society. As infants, young children or teenagers, in Zambia and throughout the world, all children share these rights which in turn will shape their future, the future of their country, and indeed the global future.

Yet in poor countries, children face significant hurdles in securing even the most basic standards of survival and development. Compromised by poverty and ill- healthy even before birth, many children suffer the successive blows of malnutrition, inadequate schooling, poor housing and exposure to danger and harm. Such deprivation has a strong tendency to reproduce itself, as the disadvantages faced by chronically poor girls and boys reduce their opportunities and capacities as adults to provide a better start for their own children.

While the various cycle of poverty, vulnerability and deprivation can be described in general terms, however, it is important to remember that in any context, it is caused and entrenched by specific and identifiable factors. In order to improve the lives of children, children have been included, either directly or indirectly, in most of the nearly. 80 treaties and decrees on human rights.

DEFINITION OF A CHILD

According to the convection on the right of the child (1989) defines a child as any person aged 18 years and below. The 2004 orphans and vulnerable children in Zambia situation analysis (OVCSA), the national child policy and the medium – term strategic plan (MTP) 2005 to 2007 on OVC, indicate that the majority of Zambia children suffer from numerous socio – economic problems that negatively affects their growth and development. the children mostly suffer from poverty , hunger, lack of access to safe drinking water and proper sanitation , lack of decent shelter, destitution , exposure to numerous epidemics and illiteracy .(FNDP, 2006 - 2010)

HISTORY OF THE CHILD’S RIGHT

In the early 20th century, moves began to promote the idea of children’s rights as distinct from those of t adults and as requiring explicit recognition. The polish educationalist Janusz Korczak wrote of the rights of children in his book How to love a child (warsaw,1919); a later book was entitled. The Child’s Rights to Respect (warsaw,1919). In 1917, following the Russian Revolution, the Moscow Branch of the organization Proletkult produced a declaration of the children’s Rights.

However, the first effective attempt to promote children’s rights was the Declaration of the Rights of the child, drafted by Eglantyne Jebb in 1923 and adopted by the league of Nations in 1924. This was accepted by the united Nations on it’s formation and updated in 1959, and replaced with a more extensive UN convention on the Rights of the child in 1989. ( rights movement). However, from the formation of the United Nations in the 1940s and extending to present day, the children’s Rights movement has become global in focus. While the situation of children in the United states has become grave, children around the world have increasingly become engaged in illegal, forced child labor, genital mutilation, military service, and sex trafficking. Several international organizations have rallied to the assistance of children. They include save the children, free the children, and the children’s Defense fund (Mally, 1990).

According to Englantyne Jebb (1923) he believes that the rights of a child should be especially protested and enforced, thus drafting the stripulations for child’s rights.

Jebb’s initial 1923 document consisted of the following criteria:

The child must be given the means requiste for it’s normal development, both material and spiritually.
The child that is hungry must be fed, the child that is sick must be nursed, the child that is backward must be helped, the delinquent child must be reclaimed, and the orphan and the waif must be sheltered and succored.
The child must be the first to receive relief in times of distress.
The child must be put in a position to earn a livelihood, and must be protected against every form of exploitation.
The child must be brought up in the consciousness that it’s talents must be devoted to the service of it’s fellow men (Hawes, 1991).

According to the Child Rights Information Network (1983) the group of 1,600 non- governmental organizations from around the world which advocate for the implementation of the convention on the Rights of the child. Organization report on their countries’ progress towards implementation, as do governments that have ratified the convention.

Every 5 years reporting to the United Nations committee on the Rights of the child is required for government (CSO, 2000).

ZAMBIA’S PROMOTION OF THE RIGHTS OF THE CHILD IN ACCORDANCE WITH UNCRC RESOLUTION

Scope of Instrumental Obligations

According to commonwealth Human Rights Initiative (2008) ...

This is a preview of the whole essay

Every 5 years reporting to the United Nations committee on the Rights of the child is required for government (CSO, 2000).

ZAMBIA’S PROMOTION OF THE RIGHTS OF THE CHILD IN ACCORDANCE WITH UNCRC RESOLUTION

Scope of Instrumental Obligations

According to commonwealth Human Rights Initiative (2008) indicated that in it’s pledge to the council, Zambia pledged to “accelerate the processes” to adhere to the two optional protocols to CRC and the optional protocol to CEDAW. Zambia is yet to fulfill this pledge. Children in need Network, Zambia civic Education Association, Plan- International, save the Children Norway and Sweden and other organizations (Child Rights Organizations) recommended the Government to immediately ratify the two CRC optional protocols to offer full protection of children in Zambia. The protocols will also be useful as the Government revises child related legislation in line with international instruments (CRC, 1989)

Constitutional and legislative framework.

CRO (2008) reveals that two specific policies related to the protection of children and women are the National Gender Policy (2000). The National Child policy was revived to take account of the adoption of the CRC and emerging issues related to poverty, Child labor, trafficking, HIV and AIDS and child abuse. It makes the child the focus for development so as to ensure that children live to their full potential where their rights and responsibilities are fulfilled. It aims to consolidate all existing and proposed legislation pertaining to children into one easily accessible and comprehensive statute and provide a watch dog on child exploitation. The National Gender policy outlines measures to Address GBV and forms the basis of the Gender- Based violence Bill. (situation Analysis of children and women 2008)

The Zambian constitution establishes the right to gender equality, and recognizes the rights of children to identity, nationality, education and legal protection. The constitution protects persons, including children, from slavery and servitude, torture or inhuman are degrading punishment and guarantees young persons from all forms of exploitation, neglect, trafficking or cruelty. Subject to ongoing debate, the constitution currently recognizes civil and political rights, but does not guarantee economic, social or cultural rights (CSO, 2006).

According to CRO (2008) there are several pieces of legislation, backed up the penal code, that aim to protect children and women. These are complemented by national policies, discussed below.

The legislation impacting most on children and women are:

Adoption Act, Cap 54
Affiliation and maintenance of children Act, Cap 54
Juvenile Act Cap 53
Employment of young persons and children’s Act, Cap 274.
Will and administration of Estate Act, Cap 60
Intestate succession Act, Cap 59
Zambian Police (Amendment) Act No. 14 of 1999, amends the Zambia Police Act Cap 107
Births and Deaths Registrative Act, Cap 51
Day Nurseries Act, cap 313
Probation of offenders Act, Cap 93.

According to Child Rights organizations (2008), the Zambian Government, through the Ministry of community Development and social services (MCDSS) has embarked on a law reform process to compare hensively review various aspects of child related legislation in order to ensure their compatibility with provisions of the United Nations convention on the Right of the child. However, the process is slow, has on occasion stalled and there is still lack of clarity regarding the process and the mandate of MCDSS to review all child related legislation. They also noted that the law reform process needs to be anchored in the right structure of Government (specifically the Zambia law development commission supported by the ministry of Justice) so that it can be comprehensively and effectively and effectively addressed. Child Rights Organizations recommended the Government to take advantage of goodwill shown by children’s rights non government organizations to speed up the law reform process and within the next three years have a comprehensive children’s Act (component report for the situation analysis of children and women in Zambia, 2008).

Institutional and human rights infrastructure

According to commonwealth Human Rights initiative (2006) indicated that it received information that the Zambian Human Rights Commission was severely understaffed and lacked the technical capacity needed to carry out effective investigation and inspection visits. The commission reported to have an enormous backlog of cases. World Organization Against Torture 2008 indicated that the commission is not in a position to take any further action once the recommendations are issued, especially in the case where a recommendation issued is not implemented by the “appropriate authority”. Additionally, it further indicated that the commission is not competent to initiate legal proceedings on behalf of the complainants. The dependence by the commission on other authorities to take action does not give assurance to the complainant for redress. This procedure also unduly prolongs the proceedings.

According to Child’s Rights Organizations (2008) stated that the children’s Rights committee within the commission, created to strengthen the convention monitoring and implementation of the convention on the Rights of the Child, has not performed according to expectations due to inadequate resources. Child Rights Organizations reported however, that there is a new process to strengthen the independent monitoring of children’s rights under the commission through the establishment of the commissioner for children. Child Rights Organizations recommended the Government to progressive scale up the human and financial resources to the commission to promote the establishment of institutions such as the office of the commissioner for children vested with the relevant power and authority to effectively protect children and to uphold their rights.

Policy Measures

According component report for the situation analysis of children and women in Zambia (2008) apart from the Ministry of Education mainstreaming the teaching of human rights and specifically children’s rights in the high school civic Education curriculum, Child Rights Organizations noted that there is still no effort by the Government to undertake systematic awareness training of professional groups, children, parents and the general public on the convention on the Rights of the child and the rights- based approach. Child Rights organizations recommended the Government to systematically train and disseminate the provisions of the CRC especially at local level (component report for the situation analysis of children and women in Zambia, 2008).

According to Child Rights Organizations, although there is now a new National child policy (2006) that has taken into account the worsening situation of orphans and vulnerable children in the country, there is still only a draft National Plan Action to translate the policy into programs. Child Rights Organizations recommended the Government to finalize the National plan of Action and allocate progressively sufficient human and financial resources in line with other planning documents such as the Fifth National Development plan to elaborate a comprehensive national program for children that stakeholders can work and support.

Child Rights organizations (2008) noted that, since 2005, the Government has allocated resources to areas which were not considered before in the national budget such as the resettlement of street child, child Development and coordination program, Juvenile Justice and child welfare program, mainstreaming of children’s rights, under the child Affairs’ Department in 2005, and the sensitization program on children’s rights and rehabilitation of disadvantaged children, adults and youth. However, the lack of disaggregated makes it difficult to plan adequately and to monitor whether the funds actually benefit the intended target. Furthermore, according to Child Rights organizations recommended the Government to prioritize birth registration and to completely overhaul and decentralize the system of birth registration, particularly in rural areas. Child Rights organizations are recommended to put in place data collection mechanisms that are comprehensive, with indicators that can be used to measure implementation of the convention on the rights of the child; the Government should be consistent in the amount of funding allocations to children’s programmes. If it cannot increase funding, it should at least maintain the same allocation: the Government should narrow the funding gap between authorized expenditure and the actual expenditure. Child Rights organizations further recommended the Government to develop clear guidelines for mainstreaming child participation at all levels of programming and to ensure that such structures as the National Youth council and children’s council (once established) are used effectively for this purpose. Child Rights organizations recommended the Government to take measures including, legislative, financial, and institutional to efficiently provide for the needs of children with disabilities and; to adopt and provide an integrated and well coordinated response for disability prevention and disability management for children, especially in rural areas (CSO, 2006).

PROMTION AND PROTECTION OF CHILDREN’S RIGHTS

Education:

The CRC established that children have a right to free, compulsory basic education. The realization of this right does not only entail being registered at a school, but far more- all children must attend, learn, and progress through a complete course of education, in a safe environment that offers equitable opportunities to boys and girls, rich and poor, in urban and rural areas, and meets the needs of the 10 to 15% of children will special physical or learning requirements. (Component report for the situation Analysis of children and women in Zambia, 2008).

Further, the National Policy of Education was developed in 1996, and has since been put into practice through a series of implementation framework. By far the most significant measure in this period has been the introduction of the free basic education policy of 2002. Since that time, enrolment of children at primary school has increased by an average of 9% annually and net attendance has improved from 57% in 2004 to 76% in 2006 at primary level and 18% to 37% at secondary level.

Water and sanitation

According to UNICEF(2007) Child survival and development significantly depend on access to clean water and adequate sanitation- these are critical to the well- being and health of children and woman. Diarrhea, often resulting from poor water supply, sanitation and hygiene, is a leading cause of child mortality and the immediate cause of nearly 20% of child deaths. Further, diarrhea contributes to the malnutrition and physical weakness that greatly increases susceptibility to other causes of death (component report for the situation analysis of children and women in Zambia, 2008).

CSO. Census (2000) reveals that in 2006, 58% of households had access to safe drinking water, 43% in rural areas and 88% in urban locations. Only 13% of rural residents have access to adequate sanitation. In urban areas, access to safe water rises to 88%, but there is concern over issues of quality and overcrowding. Only 40% of small scale rural households, which consist predominantly of women, were accessing safe water (UNICEF,2007).

The National water policy of 1994- a progressive policy currently being updated- seeks to provide sustainable access to water facilitating equitable provision of adequate quantity and quality of water for all competing users at acceptable costs, and ensuring the security of supply under varying conditions(CRO,2008).

According to UNICEF (2007) efforts to improve water and sanitation in rural areas are guided by the National Rural water supply and sanitation program (NRWSSP). The local authorities are responsible for rural water and sanitation and hygiene education (WASHE) approach as the basis for participation at the community, area, and district, provincial and national levels. At village level, the WASHE committee is intended to encourage community leadership and ownership in improving water suppliers. Although the WASHE approach has demonstrable merit, challenges remain in ensuring that the poorest and most remote communities are aware of the requirements and able to respond them. Recent work on the “community led total sanitation” which mobilizes local commitment to the elimination of poor sanitary practices, is showing good results. Further, in view of the significance of access to water to the wall- being of women, the requirements that community committees have at least 30% women members seems to act as a limit to their participation. Previous demonstrate that the creation of women’s active leadership strengthens the role of participation of women in development projects and improves likelihood of success and sustainability (component report for the situation analysis of children and women in Zambia, 2008).

According to UNICEF (2007) public spending on water and sanitation has been low, but increases are planned. A comprehensive sector support fund has been established by government and cooperating partners (led by SIDA and JICA) to finance per- urban water supply project. However, there is as yet no overarching plan and budget for improving urban water and sanitation, and ongoing activities fall far short what would be required to meet basic needs. Current commitments to rural water supply cover the majority of rural districts, although the scale of available resources is still less than half of what was budgeted in the NRWSSP. Further, investments in the water sector is heavily donor- dependent, with justice 8% of expenditure in the sector coming from the Government budget (CSO, 2006).

Health

According to CRC (1989) the first and most basic right of children is the right to life. Poor women and children are the most exposed to high health risks. In Zambia, unacceptable number of children die. About 20% of children born in Zambia do not live past their fifth birthday, while 10% of children die before they reach their first birthday. Close to 1% of the women who are pregnant in any given year will die in child birth, with a life time risk that 1 in 16 of all women will die resulting from maternal health problems. Adult mortality is also high. The leading causes death in Zambia is AIDS (1, 236/ 100, 000), respiratory infections in children, malaria, diarrheal diseases and T.B. while both under- 5 and infant mortality rates have fallen in recent years, estimates suggest that Zambia ranks 176th out of 189 countries in the world reporting figures on infant and child mortality. (CSO reports: 1980, 1990, 1991, 1992)

Component report for the situation analysis of children and women in Zambia (2008) reveals that the quality of services in partly determined by staff- numbers, qualifications and experience. Government recognizes that staffing levels in the health sector are low: the number of available staff in 2005 was less than 50% of the recommended establishment, in spite of recent growth in per capita expenditure on health care since 2000. Concerned efforts have made to develop a long term strategy to train and retain health service staff. Resource allocations to the health sector are not based on deprivation and health status, and urban centers receive nearly twice that of rural provinces. The poorest, most remote and least urbanized districts and provinces receive the lowest per capita allocation, restricting health outcomes for children and women living in rural areas.(component report for the situation analysis of children and women in Zambia, 2008)

CONCLUSION

It is clear from the foregoing that Zambia has promoted the rights of the child in accordance with UNCRC Resolution through numerous sectors. Among the sectors are scope of international obligations, constitutional and legislative framework, institutional and human rights infrastructure and policy measures.

It further highlights the promotion and protection of children’s rights through Education, water and sanitation, Health e.t.c

REFERENCES

Child rights organizations (2008) Lusaka, Zambia

Commonwealth Human Rights Initiative (2008) New Delhi, India.

Component report for the situation Analysis of children and women in Zambia (2008) public service Delivery: Health, Education, water and sanitation, social protection and food security- A cross sectional Analysis: Lusaka: whydah consulting Ltd.

Component report for the situation Analysis of children and women in Zambia, (2008). Epidemics and overall disease Burden. Burden: Lusaka: Cosmas Musamali

“Convention on the Rights of the child” (1989) United Nations. Retrieved 2/23/08

CSO. Census (2000) Lusaka; central statics office.

CSO reports: census 1980: priority survey 1, 1991: priority survey 11, 1993; Living conditions monitoring survey 1996; 1998; 2004; 2006. Lusaka: central statics office.