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Lesson Notes For Civic Education

Civic education is the awareness and knowledge of governance, politics, human rights, and socio-economic issues, enabling citizens to actively participate in self-governance. It is crucial for forming responsible citizens who understand their rights and duties, and it encompasses civic knowledge, skills, and ethics. The document also discusses Zambia's colonial history and the evolution of political movements leading to its independence in 1964, as well as the nature and definitions of political science.

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0% found this document useful (0 votes)
27 views114 pages

Lesson Notes For Civic Education

Civic education is the awareness and knowledge of governance, politics, human rights, and socio-economic issues, enabling citizens to actively participate in self-governance. It is crucial for forming responsible citizens who understand their rights and duties, and it encompasses civic knowledge, skills, and ethics. The document also discusses Zambia's colonial history and the evolution of political movements leading to its independence in 1964, as well as the nature and definitions of political science.

Uploaded by

caciousm93
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTRODUCTION TO CIVIC EDUCATION.

WHAT IS CIVIC EDUCATION?


 It is the awareness of the public in Civic matters such as governance, Politics, Work Culture, Human
Rights and Socio-economic issues.
 It is the imparting of knowledge, ability and capacity of Citizens to make sense of their Political world.
 It is the imparting of knowledge to people on issues pertaining to national affairs which hinge on
governance.
 This means that Civic education may also refer to the active participation and engagement in self-
governance by the citizens of the country. It covers the rights, duties, obligations and responsibilities of
citizens.

IMPORTANCE OF CIVIC EDUCATION


 It helps to form competent, active and responsible citizens.
 It enables citizens to be aware of their fundamental rights and freedoms.
 It enables citizens to participate in voluntary organizations such as workers unions, women’s
associations, community organisations, etc.
 It helps citizens to acquire proficiency in monitoring and correcting policies and laws of their country.
 It helps to facilitate the development of knowledge, skills and values in pupils.
 It enables to produce knowledgeable learners who are aware, can make decisions, judge and act based
on human rights and social responsibilities.
 It enables citizens to be analytical, innovative, creative and constructive mind which will cherish and
safeguard individual liberties and human rights.
 It helps to produce learners who can express one’s own ideas freely, exercise tolerance for other
people’s views and maintain discipline and hard work for the sake of personal and national
development.
 It enables pupils to contribute to the promotion of democratic values and sustenance of democratic
systems by making them understand, cherish and defend its equality.
 It enables pupils to understand, cherish, promote and protect the equality between men and women,
human rights, the rule of law, representative governance etc.

THE COMPONENTS OF CIVIC EDUCATION

1. Civic knowledge
 Refers to information about the fundamental concepts, history, contemporary events and facts of
government. Civic knowledge include the role of citizens in relation to the government, in
democracy and civic content.
 It also refers to knowledge and understanding of the structures and processes of government and
political life. This include politics, political institutions and processes, types and government
systems.
 Civic knowledge should also examine the values and principles expressed in fundamental
documents such as national constitution, international declarations and conventions, landmarks
Supreme Court decisions.

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2. Civic skills
 Denotes the practical tools of citizens need for implementing and benefiting from the principles
of a democratic society.
 It also refers to the aptitudes which enable people to participate actively in and sensibly in the
roles and responsibilities in their communities
Civic skills are categorised into twofold:
a. Intellectual skills: these are skill to understand, compare, explain, evaluate, analysing and defend
various principles and practices of government and citizenship.
b. Participatory skills: enable citizens to monitor public policies, influence and defend the necessity of
change. It includes interacting, monitoring and influencing.

3. Civic ethics / dispositions


These are traits necessary for democracy
This comprised of the character traits that are necessary for sustained commitment to the common good
of all persons in society
Civic ethics enable and empower citizens with
a. To have some degree of interest and involvement in public affairs
b. To engage with others in a cooperative way
c. To take responsibility for one’s roles and duties within society
d. To appreciate and welcome cultural differences
e. To resolve conflict and in a non-violent manner
f. To defend human rights
ZAMBIA’S PATH TO INDEPENDENCE: COLONIAL RULE BY THE BRITISH
The British arrival in the 1890s
 The British arrive in Zambia in the 1890s, with the intention of colonising the area in order to exploit its
rich mineral resources of copper and coal.
 The British divided the area into:
North western Rhodesia:(made of copperbelt and the provinces to the west)
North eastern Rhodesia:(made of central province and the province to the east)
The British South Africa company
 North western Rhodesia came under the direct rule of the British South Africa Company (Known as
BSA) in 1895.
 North east Rhodesia only came under British rule in 1897, because many Africa tribes, such as the
Bemba, Ngoni, Lunda and Arab Swahili, fought against British administration.
 The BSA combined north eastern and north western Rhodesia in 1911 to form northern Rhodesia.
 They called it Rhodesia after the founder of the company,Cecil John Rhodes.
 The company also controlled southern Rhodesia, the area that is known as Zimbabwe.
 The BSA company’s concern was to exploit minerals and the administer the territory by taxing the
African people on behalf of the British government.
 They trade with African chiefs, and drew up treaties to grant themselves mineral rights.
Foreign settlers and native reserves
 Colonisation brought more foreign settlers, including administrators and missionaries, who established
churches and schools.
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 However, British education for Africa was mainly aimed to serve the British settlers.
 At the same time, the colonialists created native reserves-areas of land away from the European
settlement, for the use of indigenous people.
Creation of a protectorate
 By 1924, the company handed over power to the British colonial office, and northern Rhodesia became
a protectorate.
 This meant that the area was controlled by the British in the way that was supposed to protect the local
people (although this was not the case in reality).
 Northern Rhodesia was now a colony ruled by the British government.
Features of colonial rule
The main features of British rule in Zambia were:
 The British used system of indirect rule. This involved ruling local people through arrangements with
local chiefs.
 Local chiefs lost their power and independence.
 Zambia had to pay taxes to the British government.
 Zambia was not allowed freedom of movement.
 They require to show British official a pass called Ichitupa
 High-paying jobs were reserved for British settlers who moved to the new colony. Local people had to
work in low-paying jobs.
 Living conditions on the mine were poor.
 Local people were not allowed to own their own businesses.
The color bar

 Despite the laws of northern Rhodesia government that were supposed to encourage good race relation,
a form of apartheid called the colour bar became wide spread
 Europeans were allowed to enter the shops , but Africans served through the pigeonhole known as the
“the hatch system
 Whites enjoyed free medical services while Africans had none
 European wage were triple the wages for Africans but they were doing the same work
 There were few job promotion available to Africans
Resistance to colonial rule and achivingindipendence
 African grew very angry about the unfairness of the colonial rule, and began to resist British rule.
 In 1912, the Mwenzo welfare society was formed by Donald Siwale to provide assistance to Africans.
 Later more welfare societies would be formed to help Africans resist colonial rule.
 The area that is now Copperbelt province has many mines which the British controlled during colonial
times.
 The African labourers at the mines were subject to terrible living conditions, and were not allowed to
live with their families.
 This led to anger and un happiness.
 The first miners’ strike took place at Nkana, loan antelope and Mfurira mines in 1935.
 The strike was stopped and numbers of miners were arrested.
 This led to miners being given permission to live with their families in Mine Township.
The Federation Of Welfare Societies and the ANC
 In 1964, a group of Africans formed the federation of welfare societies, led by Daudiyamba.
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 This federation brought together the welfare societies from Mwenzo, Livingstone, Ndola, Choma, Mbala
and Chipata.
 It was more organised resistance.
 The federation of welfare societies, the African mine workers ‘union and the African representative
council and the came together and launched the first political party, the northern Rhodesia national
congress in 1948.
 The first President was Godwin Mbikusita. He was succeeded by harry Mwangankumbula when the
party changed to Africa National Congressin 1949.
The Federation of Rhodesia And Nyasaland
 The northern Rhodesia gained hope from development in other countries.
 They celebrated the coming to power of Chairman Mao in china, the topping of the king Farouk in
Egypt and the independence that was granted to some African countries.
 In response, the colonialist created the federation of Rhodesia and Nyasa land in 1953.
 The federation was made up of:Northern Rhodesia(Today Zambia),Southern Rhodesia(Today
Zimbabwe)andNyasa Land(Today Malawi)
Formation and banning of the ZANC and other parties
Shop boycotts.
 In reaction to the condition of colonial rule, the (ANC) organised boycotts of European shops which
served African through hatches.
 The boycotts discouraged people from using these shops
Younger leaders
 At the Africa national congress elections in 1958, younger leaders were elected to the executive
committee.
 However, many young members of the ANC thought the president was working too closely with
colonial leaders. As a result, the Zambian African national congress (ZANC) was formed in 1958.
 The ZANC’s executive committee included Kenneth Kaunda as the president, Simon
MwansaKapwepwe as the treasurer and munakayumbasipalo as the secretary general.
Banning of the ZANC
 However, in late 1958, the ZANC was banned. This meant that it was illegal to belong to the party.
 Most of its leaders were arrested and accused of preparing to cause disturbance during the elections that
year.
Other forms of political parties
 The banning of the ZANC led to formation of number of new parties, including the African freedom
movement (ANFM), united national freedom party (UNFP) and the Africa national independence
(ANIP).
UNIP
 The UNFP and ANIP merged in 1959 to form one party, the national freedom party (UNIP).
 MainzaChona stood as the president for Kenneth Kaunda who was still in prison. In 1960, Kenneth
Kaunda was released from prison and became the president of UNIP; Simon Kapwepwe became the
vice president.
Civil disobedience
 In 1961, resistance to colonisation reached its peak. It burst into campaign of civil disobedience called
chachachain the northern, Luapula and Copperbelt province.

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 Roads were blocked, bridges were destroyed and government buildings and property burnt.
Co-operation with other African countries
 At the same time, the oppressed people in different parts of Africa began to work together.
 Politically aware African students living in England, including KwaneNkhuruma (from Ghana), jomo
Kenyatta (from Kenya) and Hastings Kamuzu Banda (from Malawi), formed an organization called
African committee.
 The committee aimed to support the cause of oppressed Africans.
 They distributed liberation messages through literature to their neighbors back in Africa.
 By 1962, the colonial government gave into the demands of the Africans. Elections were held that year
which African could vote.
 There was no outright winner, so the UNIP and ANC agreed to work together and formed a coalition
government.
 Nyasaland (Malawi) left the federation and became independent the
same year.
 The federation was finally disbanded or broken down in 1963.
 In the following year, new elections were held in northern
Rhodesia.
 The UNIP emerged victorious and formed the new
government after winning 55 out of 65 parliament seats.
Zambia becomes independence
 On 24th October 1964, northern Rhodesia gained independence from Britain, and became the republic of
Zambia with Kenneth David Kaunda as the prime minister.
 The name Zambia came from the county’s biggest river, the Zambezi.
 The Zambezi was known as “yambeyambezi” (meaning the source of everything) among the lunda
people who inhabit the kalene hills, where the river has its source.

POLITICAL SCIENCE

The Many Meanings of Politics

What is politics? The simple answer to this question is that there is no single answer. Like many political
concepts, politics is itself a contested concept. This section has introduced you to the idea that concepts,
including the concept of politics, can be ‘essentially contested’, and has explored some of the implications this
might have for the study (and practice) of politics, as well as for the nature of knowledge in the social sciences
and humanities more generally. The section also introduced you to some competing definitions of politics,
organizing them along a spectrum from narrower to broader conceptions of what constitutes politics. Starting
from the narrower and moving towards the broader side of the spectrum, the section introduced you to the
following definitions of politics:

 Politics as the study includes the study of power, influence and authority, authoritative allocation of
values, conflicts, controversy, and cooperation, group involvement, process of decision-making, political
institutions and internationalism among others.
 Politics is the struggle for power to make authoritative decisions for the whole society.

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 Politics involves power, authority and influence.
 Politics consists of struggle among actors pursuing conflicting desires on public issues
 Politics as that which concerns the state
 Politics as a (non-violent) method of conflict resolution
 Politics as conflict
 Politics as the exercise of power
 Politics as a social activity
 Politics as a public activity
 Politics as dependent on context and interpretation
 Politics as struggle over the meaning of political concepts.

While these definitions are distinct and in some cases contradictory, they do also overlap, and they certainly
don’t correspond to mutually exclusive realms of political activity. Engaging in political activity in the narrower
sense, for instance by voting or becoming involved in party politics, does not preclude one from engaging in
political activity in the broader sense, for instance, by participating in protests or boycott campaigns.

As you study these distinct definitions of politics, you are encouraged to engage critically with them and to
consider whether they did actually fall squarely towards the narrow or broad side of the definitional spectrum.
Indeed, while some definitions are certainly narrower (or broader) than others, you also see that in some cases
this depended on how scholars defined other concepts – such as power, violence or conflict – which can
themselves be contested concepts.

Political Science

Political science is the systematic study of governance by the application of empirical and generally scientific
methods of analysis. As traditionally defined and studied, political science examines the state and its organs and
institutions. The contemporary discipline, however, is considerably broader than this, encompassing studies of
all the societal, cultural, and psychological factors that mutually influence the operation of government and the
body politic. It further defined as the science that deals with the origin, development, purpose and all political
problems of the state. Other scholars defined political science as the science that concerned with the state and
with conditions essential for its development.

Although political science borrows heavily from the other social sciences it is distinguished from them by its
focus on power which is defined as the ability of one political actor to get another actor to do what it wants at
the international, national, and local levels. Political science is generally used in the singular, but in French and
Spanish the plural (sciences politiques and cienciaspolíticas, respectively) is used, perhaps a reflection of the
discipline’s eclectic nature. Although political science overlaps considerably with political philosophy, the two
fields are distinct. Political philosophy is concerned primarily with political ideas and values, such as rights,
justice, freedom, and political obligation (whether people should or should not obey political authority); it is
normative in its approach (i.e., it is concerned with what ought to be rather than with what is) and rationalistic
in its method. In contrast, political science studies institutions and behaviour, favours the descriptive over the
normative, and develops theories or draws conclusions based on empirical observations, which are expressed in
quantitative terms where possible.

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Similarities between Political Science and Natural Science
Thomas (1986:19) states that, “A Science may be broadly defined as any organized body of knowledge, or it
may be narrowly defined as a discipline that employs the scientific method.” Natural Science is any science that
deals with phenomena observable in nature, for example, Biology, Chemistry and Physics. (Encyclopedia
Britannica, 2009). “Political Science is the study of government and politics.” Thomas (1986:12).Political
science is an academic discipline that deals with the study of government and political processes, institutions,
and behaviors, it falls into the academic and research division known as the social sciences.

 The first similarity rise in the broader definition of a science as a fields of study, the addition of a
concept ‘science’ to natural, makes it to be called natural science, in the same vein the addition of a
concept ‘science’ to political makes it to be called political science. This implies that both natural
science and political science are sciences and are products of Science in general. Both disciplines
involve body of knowledge for them to be considered as scientific studies.
 The existence of similar principles in two disciplines entails them to claim the title and status of being
synonymous or rather being similar. The scientific methods of study are applicable to both disciplines
natural science and political science. Both use scientific elements in studies which include, observation,
measurement and experiment which leads to solid knowledge and discovering of new interesting facts.
For example, observation and measurements are of use in natural science experiments and at the same
time political actors use observation and measurements in observing and measuring the game of politics
in a political arena. All social sciences, political science inclusive, involve scientific methods of study
and all natural sciences involve scientific methods of study. For instance, Aristotle based his work
‘politics’ on his study of 158 constitutions. Likewise, Lord Bryce compared the working of democracy
in many different countries and then came up with conclusions with regards to the relative merits and
demerits of democracy.
 Another existing similarity between political science and natural science lies in one of their aims. Both
aimed at improving the lives of human beings. For example, political science aimed at promoting
political actions in improving the living standards of human being is a society through good governance.
As supported by Kapur (2009:2) that “political science is the study of man in the process of governing
himself.” Natural science also aimed at exploring the unknown, finding out the general truth in order to
improve the lives of human beings (Parsons, 1951). Therefore, both disciplines aimed at bringing
holistic development in societies, thereby promoting the standard of living in human beings.
 Both Natural Science and Political Science have scientific theories that have been propounded by
different researchers even though they do not mean one and the same. Not only that Natural Science and
Political Science lacks specific clarity and appropriate ways of testing theories or hypothesis. They are
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characterized by frailer of leaching a concrete conclusion without being proven by other people; and
every theory develop in both of the two disciplines is exposed to a number of criticisms by different
scholars because of being hypothetical and assumption in nature. (Encyclopedia, Britannica, 2005).

Difference between Political Science and Natural Science

 Natural Science is more about understanding of Nature, from something as small as quantum to the
limitless universe. It is more concerned with understanding phenomena. The knowledge of Natural
Science has also been considered as technical knowledge or skills systematized and formulated to
discover general truths. While, Political Science is like other Social Sciences, it is more concerned with
the origin and development of human society, and is more concerned on the political relationships in
different institutions, government at large and ideas involved in political life. “According to Robson, the
purpose of Political Science is to throw light on political actions so that the government of man may be
improved.” (Kapur, 2009:4).
 All branches of natural science such as Chemistry, Biology and Physics deals with experimental data,
they involve repetitive and conventional experiments which are conducted in laboratories, on the other
hand, political science deals with experiential data, which involves different methods of observation and
analyzing the game of politics in an institution or a government. Thomas (1986:23) states that, “the
scientific method deals only with empirical facts and events which is not the case of social sciences.”
Political science does not have a dependable or correct way of doing it, it is unpredictable. There are no
equations that will constitute efficiency or effectiveness. But Natural science has equations that
constitute efficiency and effectiveness, and is predictable in laboratories. Meaning in natural science
there is need of scientific proof while in political science there is no need of scientific proof of going
into laboratories.
 Natural science is characterized by control, exactness, rationality, controlled variables and predictability,
meaning all chemical substances, machines, equipment’s and apparatus used in carrying out experiments
in laboratories can be controlled by man, and is predictable. For example, one can predict that hydrogen
and oxygen when added together produces water, and when an experiment is done, with no doubt water
is produced.Basu (2008:10) stated that, “the essential characteristics of a Science are absence of
normative, (or ethical) value predictability of behavior and finally application.” Natural Science is all
about facts; a scientific rule is one that works all the time and not once. On the contrary, Political
science is characterized by vagueness, uncontrollable varieties and is spontaneous in nature because it
deals with human behavior which is not predictable. Although political actors use scientific laws,
techniques, and data, they do so in ways that give individual thoughts and freedom of doing it. There is
no concrete and specific formula that will always work best in all political situations. Not only do
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situations and people vary, but ideas for handling them are almost as infinite as the human mind (Ibid,
1972:63).
 Natural Science is objectivity, unlike Political Science which lacks objectivity (Henry, 2004). For
example, a natural scientist can have an objective of finding out why carbon dioxide turns lime water
into milk. And that intended goal can be achieved. But when dealing with political questions, a
completely impartial attitude may not be possible even in the case of the best thinker. The attitude of the
thinkers of the various countries towards political problems may not be attached. For example,
problems of nationalism and minorities towards political problems may not be detached. Problems of
nationalism and minorities are in a subjective, passionate and prejudice manner, racial, religious, and
economic and other considerations weigh much in the study of political questions. Meaning all natural
science disciplines is objective in nature unlike political science which is subjective.
 Political science has no consensus of opinion among the experts regarding the methods, principles and
conclusions of political science. It is a dynamic study of a living subject matter which is to be translated
in terms of human activity. Unlike other natural sciences, political science does not deal with a static
subject-matter. It deals with man and his institutions. As man is dynamic, the same can be said of the
institutions by him. The nature of man changes with the changing conditions and hence the institutions
are bound to adjust themselves with the changing needs of human life in accordance with the changing
circumstances of time (Encyclopedia Britannica, 2009).

THE STATE
Definition of ‘State’
 The state is a community of persons, permanently occupying a definite territory, legally independent of
external control, and possessing an organized government which create and administrates law over all
persons and groups within its jurisdiction. It as well considered to be the social entity which has: a
population, a government, a territory and the monopoly of force.

ELEMENTS OF THE STATE


There are four elements of the state and theses are:
1. Population: A considerable group of human beings. Population and land are the starting point of any
study of man in his organized groups. It is the people who make the State, without them there can be
none. But population must be large enough to make a State and sustain it.
2. Territory: A definite area of earth’s surface upon which the population permanently resides. Territorial
integrity of the State is the most cherished sentiment of oneness and the object of patriotism and both
together for its permanent existence. The conduct of international relations would be seriously impeded
w drool the requirement of a defined territory. All authorities on International Law are now agreed that a
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fixed territory must be a condition of Statehood People and government are not enough. The occupation
of a fixed territory is also essential, otherwise the State could not be readily identified and held to
account if one attempts to conquer or violate the integrity of another.
3. Government: A political organization through which the will or law of the state is expressed and
administrated. The purpose for which people live together cannot be realized unless they are properly
organized and accept certain rules of conduct. The agency created to enforce such rules of conduct and
to ensure obedience is called government. Government is the focus of the common purpose of the
people occupying a definite territory and it is through this medium that common policies are determined,
common affairs are regulated and common interests promoted. Without government the people will be
just a babel of tongues with no cohesion and means of collective action.
 Is the instrument that is used in governance process
 Is an element of the state which has been created to enforce rules of conduct and ensure obedience
 Is a group of people charged with authority to preside on the affairs of the nation
 Government include the whole network of local institutions, elected bodies and appointed officials to the
lowest official charged with the responsibility of carrying out the policies

4. Sovereignty: the supremacy of the state over all individuals and associations within it and the
independence of the state from external control. Sovereignty of the State is its most essential and
distinguishable feature. As people inhabiting a definite portion of territory and having a government do
not constitute a state. They must be internally supreme and free from external control. Sovereignty of the
State has two aspects, internal sovereignty and external sovereignty. Internal sovereignty is the State’s
monopoly of authority inside its boundaries. This authority cannot be shared with any other State and
none of its members within its territory can owe obedience to any other State. If the State admits no rival
within its own territory, it logical follows that it has no authority outside its own territory. Each State is
independent of Other States its will is its own, unaffected by the will of any other external authority.
This clarifies the meaning of external Sovereignty.

The Origin of the State.


The state came into being through various theories that have been propounded by different scholars as discussed
below:

THE FORCE THEORY

 The state came into existence as a result of the forced subjection of the weak to the strong. Two
arguments in force theory, (1) one group of thinkers used this theory to justify the state on the ground
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that the state is power, that might makes right and that the essence of the state is a sovereign will. The
(2) Second group, to attack the state because of its injustice and urge individual freedom and limited
state action. In the middle Ages theologians argued that, the state was based upon force and injustice and
decried the origin of earthly sovereignty in order to subordinate temporal to spiritual power.
Individualist and anarchist believe that the State is an evil because of their desire for individual freedom.
Socialist believe that, the state resulted from the aggression and exploitation of laborers by capitalist and
attack, not the idea of the state itself.

THE DIVINE THEORY


 During the large part of human history the state was viewed as direct divine creation. Early oriental
empires rulers claimed a divine tight to control the affairs of their subjects and this right was seldom
questioned. The Hebrews believed – divine origin. Spat between State Concept and Christianity Pope.

SOCIAL CONTRACT THEORY


 In moral and political philosophy, the social contract is a theory or model, originating during the age of
enlightenment that typically addresses the questions of the origin of society and the legitimacy of the
authority of the state over the individual. Social contract arguments typically hypothesize that,
individuals have consented, either openly or tacitly, to surrender some of their freedoms and submit to
the authority of the ruler or magistrate, in exchange for protection of their remaining rights. The question
of the relation between natural and legal rights, therefore, is often an aspect of social contract theory.
The Social Contract Theorystarts with the assumption that, man lived originally in a ‘state of nature’,
antecedents (background) to the formation of political organization. In this condition he was subject
only to such rules of natural law as are prescribed by nature itself, and was the possessor (holder) of
natural rights. It was a state of war, a savage state, men were selfish and aggressive brutes. Every men
was the enemy of every other man. To avoid fear and danger of this terrible situation, men agreed to
setup an authority. According to John Locke; Life in the state of nature was one of the peace and ease.
Freedom and tranquility (harmony) prevailed. Men were bound by the law of nature and possessed
certain natural rights, but there was the absence of an agency to interpret and implement the law of
nature, so men agreed to create a common authority.

THE EVOLUTION THEORY

 The evolution theory: it states that the state evolved overtime, starting with the primitive family. One
person was determined to be the leader of the family.

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TYPES OF THE STATE
 Democracy
 Dictatorship: it comes in so many ways which include the following
 Monarchy- government being controlled by one person who is a king or queen from royal family
 Oligarchy- government being controlled or ruled by the few or a group of people.
 Authoritarianism- is a type of government where there is monopoly of political power by an
individual or small group. But allows people citizens to go about their private lives as they wish
(there is some thought of limited freedom)
 Totalitarianism- government in which power is in the hands of the elite that exercise unlimited
power in all aspects of life, eg morals, beliefs, attitudes e.t.c
 Theocracy- type of government in which power to rule the state is believed to be controlled by the
church or religion. Eg the country of Iran has many aspects of theocratic states
 Others include, anarchism, aristocracy, federalism and meritocracy among others.

GOVERNMENT
 Is the instrument that is used in governance process
 Is an element of the state which has been created to enforce rules of conduct and ensure obedience
 Is a group of people charged with authority to preside on the affairs of the nation
 Government include the whole network of local institutions, elected bodies and appointed officials to the
lowest official charged with the responsibility of carrying out the policies

ORIGIN OF GOVERNMENT
The force theory: according to the force theory one person or a small group of people claimed control over the
population in a specific area by force
The evolution theory: it states that the state evolved overtime, starting with the primitive family. One person
was determined to be the leader of the family.
The social contract theory: this theory explains that a specific population within a given designated area gave
up as much power to a certain in group of people and entrusted them with power to govern the wellbeing of all.
The divine theory: the state was created by God and the people believed in the existence of God’s government.
Therefore, government begun with God.
TYPES OF GOVERNMENT SYSTEMS
Parliamentary system: in this system the citizens choose the members of parliament and the parliament choose
the leader (usually the prime minister). Then ministers are appointed among the members of parliament.Eg
Britain

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Presidential system: in this system of government, the president and the members of parliament are elected by
the people at the same time. The head of the executive arm of government is the president.
Mixture of presidential and parliamentary systems:this is a system of government that has both the
presidential and parliamentary systems of government
FORMS OF GOVERNMENT
1.Democracy
2.Dictatorship: it comes in so many ways which include the following
 Monarchy- government being controlled by one person who is a king or queen from royal family
 Oligarchy- government being controlled or ruled by the few or a group of people.
 Authoritarianism- is a type of government where there is monopoly of political power by an individual
or small group. But allows people citizens to go about their private lives as they wish (there is some
thought of limited freedom)
 Totalitarianism- government in which power is in the hands of the elite that exercise unlimited power in
all aspects of life, eg morals, beliefs, attitudes e.t.c
 Theocracy- type of government in which power to rule the state is believed to be controlled by God. Eg
the country of Iran has many aspects of theocratic states
 Others include, anarchism, aristocracy, federalism and meritocracy among others.
FUNCTIONS OF GOVERNMENT
 Law making
 Provide social services to the citizens
 Plan how to grow the economy of the country
 To protect and defend the country
 To enforce the law
 Raising money
 Protect citizens rights
SEPARATION OF POWER
 Is the division of the power of government among several institutions which must cooperate in decision
making. Shared powers are powers held exercised by more than one level of government.
 This is the principle that states that the three organs of government, namely, the Legislature, the
Executive and the Judiciary must work independently.
 Separation of powers is a constitutional mechanism that allows each organ of government to share
powers with the other branches.
 The Separation of power is important in protecting citizens from the abuse of government power.
 The separation of powers is fundamental to a democratic dispensation.
 At the same time, they should check one another to ensure that they operate within the law or the
constitution.
 The separation of power promotes checks and balances.
 Separation of powers promotes democratic governance because power is not concentrated in the hands
of one person.

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 Therefore, genuine separation of powers can only exist where no one individual belongs to more than
one of the three organs of government.
THE RULE OF LAW
 This is the principle that every member of the society without exception, even the head of government or
state must follow the law.
 The rule of law means that the government or those in power rule a country in accordance with the
constitution and the other laws of the country.
 The law is applied fairly without favor regardless of one’s economic, social, political, gender, and racial.
 No one is above the law, everyone is equal before the law
 The law should be equally, fairly and consistently enforced
 The ‘rule of law’ is supported by a proper separation of state power, which in turn is maintained to
ensure the protection of liberty, of individuals’ freedom.
 All the people in the country are subject to the same laws and should be held accountable if they break
them.
 The rule of law makes government leaders accountable to the people they lead.
 Their operations should be authorized by the constitution of a country.
 The law also provides for separation of powers and checks and balances. The rule of law also requires
an independent, courageous and corrupt free Judiciary.
 Without the rule of law there will be anarchy in society.
 The rule of law can only be legitimate if credible laws are put in place.
 People must have confidence in the laws.
 It is extremely important to promote popular participation and consensus in the law-making process.
 All sections of society should be represented in the Legislature.

GOVERNANCE
 Refers to self-organizing, inter-organizational networks characterized by interdependence, resource
exchange, rules of the game, and significant autonomy from the state
 Governance is the act or the manner of governing
 Governance is the process by which citizens collectively solve their own problems and meet the
society’s needs.
IMPORTANCE OF GOOD GOVERNANCE
 It promotes the rule of law
 Good governance is important because it enables citizens to enjoy full human rights and freedoms.
 It makes governments accountable to the people and makes government operations accountable to the
people and makes government operations transparent.

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 Citizens have the right to know what their government does for them or how the leadership intends to
solve their problems.
 Good governance enables citizens to fully participate in electing leaders of their own choice.
 Citizens can vote out leaders who fail to perform their duties properly. In good governance, the rule of
law is observed and the judiciary is independent.
 Every person is accorded the right to contribute to the making and amendment of the constitution.
 All citizens have equal rights before the law.
Characteristics of Good Governances

Participation: Participation by both men and women is a key cornerstone of good governance. Participation
could be either direct or through legitimate intermediate institutions or representatives. It is important to point
out that representative democracy does not necessarily mean that the concerns of the most vulnerable in society
would be taken into consideration in decision making. Participation needs to be informed and organized. This
means freedom of association and expression on the one hand and an organized civil society on the other hand.

Rule of law: Good governance requires fair legal frameworks that are enforced Impartially Full protection of
human rights, particularly those of minorities. It also means independent Judiciary and an impartial and
Incorruptible police force .

Transparency: Transparency means that decisions taken and their enforcement are done in a manner that
follows rules and regulations. It also means that information is freely available and directly accessible to those
who will be affected by such decisions and their enforcement. It also means that enough information is provided
and that it is provided in easily understandable forms and media.

Responsiveness: Good governance requires that institutions and processes try to serve all stakeholders within a
reasonable timeframe.

Consensus oriented: There are several actors and as many viewpoints in a given society. Good governance
requires mediation of the different interests in society to reach a broad consensus in society on what is in the
best interest of the whole community and how this can be achieved. It also requires a broad and long-term
perspective on what is needed for sustainable human development and how to achieve the goals of such
development. This can only result from an understanding of the historical, cultural and social contexts of a
given society or community.

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Equity and Inclusiveness: A society’s well-being depends on ensuring that all its members feel that they have
a stake in it and do not feel excluded from the mainstream of society. This requires all groups, but particularly
the most vulnerable, have opportunities to improve or maintain their well-being.

Effectiveness and efficiency: Good governance means that processes and institutions produce results that meet
the needs of society while making the best use of resources at their disposal. The concept of efficiency in the
context of good governance also covers the sustainable use of natural resources and the protection of the
environment.

Accountability: Accountability is a key requirement of good governance. Not only governmental institutions
but also the private sector and civil society organizations must be accountable to the public and to their
institutional stakeholders. Who is accountable to whom varies depending on whether decisions or actions taken
are internal or external to an organization or institution. In general an organization or an institution is
accountable to those who will be affected by its decisions or actions. Accountability cannot be enforced without
transparency and the rule of law.

It is important to take note that the major donors and international financial institutions, like the IMF or World
Bank, are increasingly basing their aid and loans on the condition that reforms ensuring good governance are
undertaken Good governance which is understood from the above 8 major characteristics.

 Citizen Participation
 Respect for Human Rights
 Separation of Powers
 Independence of the Judiciary
 Political Tolerance
 Accountability and Transparency
 Regular, Free and Fair Elections
 The Rule of Law
Bad Governance
 Bad governance is governance by a government which is illegitimate, incompetent, and unacceptable
and does not respect human rights and the rule of law.
 It is governance by a government which rules against the wishes of the majority. Dictatorship is a form
of bad governance.
 However, bad governance can also be practiced by a democratically elected government.

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Characteristics of Bad Governance
 Restriction of political activities
 Lack of Separation of Powers.
 Lack of Press Freedom
 Violation of Human Rights
 Judiciary not Independent
 Irregular and Unfair Elections
 Lack of Citizen Participation
Institutions that Promote Good Governance in Zambia:
The Human Rights Commission (HRC)
 The government established the Human Rights Commission (HRC) in 1996 specifically to focus on the
protection and promotion of human rights.
 The HRC has since its inception enhanced its accessibility through a decentralisation programme which
has seen the establishment of some provincial offices; partnership and collaboration with various
stakeholders; establishment of prohibited immigrant’s fund; and a complaints database.
 The complaints handled by HRC include employment and labour related cases, torture, and child abuse.
 The HRC also undertakes a number of prison visits. It is worth noting that the HRC faces a number of
challenges which range from inadequate funding and logistics to understaffing.
The Police Public Complaints Authority (PPCA)
 In 1999, the government established the Police Public Complaints Authority(PPCA) which commenced
its operations in 2002.
 The PPAC addresses public complaints against police misconduct in order to secure individual
fundamental human rights and freedoms and achieve professionalism in the Zambia Police Service.
The National Assembly of Zambia
 In trying to promote good governance, through its functions the National Assembly enhances
transparency and accountability.
 The legislature has three main functions namely, to make laws, to vote money for public expenditure,
and to oversee government administration and subject its activities to scrutiny.
 Other functions are also undertaken such as ratification of certain presidential appointments, and
representation of the electorate. In the area of capacity building, training for members of parliament and
staff has been conducted.
The Office of the Vice President Parliamentary Business Division (OVP-PBD)

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 This is a governance institution which coordinates the executive side of Government business in
Parliament.
 The institution concentrates on enhancing transparency, accountability and collective responsibility of
the Cabinet in the discharge of parliamentary business, particularly the oversight function of parliament
over Government Administration.
 The task of co-ordinating parliamentary duties was in 1994, delinked from Cabinet Office to the Office
of the Vice-President, where the Vice-President became the Leader of GovernmentBusiness in the
National Assembly.
The Anti-Corruption Commission (ACC)
 The Anti-Corruption Commission was established in 1980. The ACC has three main functions namely,
to prevent corruption; to investigate and prosecute offenders; educate the public about corrupt practices
and foster public support in the fight against the scourge.
Amnesty international:
They lobby and advocate for abuse of human rights
Local and national civil society organization
 They represent interest and the rights of different groups of people

THE EXECUTIVE ORGAN OF GOVERNMENT


 The term executive in broader sense means all the functionalities, political power holders and permanent
civil servants who undertake the execution of laws and policies and run the administration of the state.
 The Executive is an organ of the government which administers government activities or implement or
carries out laws made by the National Assembly, it as well implements government policies
 It is the most powerful organ of the government
Types of the executive
1. Single and plural executives
 When all the powers of the executive is in the hands of a single functionary or one leader, it is called
single executive eg, in USA, India and Britain
 When the executive powers are vested with a group of persons, committee, council or commission
and these are collectively exercised by all the members the executive is called Plural executive
2. Parliamentary and presidential executives

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 In presidential executive there is total separation of power, no person is allowed to be a member
in more than one organ of the government. The executive is not responsible for the legislature,
neither can dissolve or remove the other
 In a parliamentary executive there is a close relationship between the legislature and the
executive, members of the executive are also members of the legislature. The members of
political executive are individually and collectively responsible for the legislature.
 Note: there are other types of executives that include hereditary and elective executives, and
nominal and real executives
Members of the executive
 The President
 The Vice President
 The Ministers
 Civil Servants
The structure of the Executive
PRESIDENT

VICE PRESIDENT

CABINENT

MINISTERS, AND GOVERNMENT DEPARMENT


PERMANENT SECRETARIES
(TOP CIVIL SERVICE)

PUBLIC SERVICE

Functions of the executive


 It collects tax (financial functions)
 Defend war and peace functions
 Appointment making functions, eg the president appoints ministers and judges
 It provides various services which people need such as education and medical services
 This body executes or carries out decisions and policy making.
 Treaty-making functions: it is executive that signs and negotiates treaties on behalf of government
 Enforcement of laws
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Qualifications for Zambian President
 Be a citizen of Zambia.
 Of good character
 Be supported by his party
 Must poses a grade 12 certificate
 Be thirty-five years of age and above
 Has both parents as Zambians by birth or descent
Functions of the President
 Head of state, which means he/she represents the country
 Head of government, which means he/she is the head of the executive organ of the government
 Head of executive
 Commander in chief of the army and air force
 He/she may exercise Prerogative of mercy. This means that he/she can pardon criminals or reduce their
sentence
 Appoints and dismisses senior government officers, e.g permanent Secretaries, ministers etc.
 Opens Parliament and dissolves Parliament
 Decides whether to assent or veto a bill
 Can declare a state of emergency
The cabinet
The cabinet Minister is responsible for:
 Advising the president on various matters concerning the nation
 Making government policies
 Monitoring implementation of projects in the ministry
 Answering questions from the MPs
Note: in the case there are deputy Ministers, they are not part of the cabinet.
The civil service
 It consists of (i) government employees
(ii) Local Authorities employees
 The civil service is divided into ministries and departments.
 Every ministry is responsible for a particular aspect of government activity.
 The permanent secretary is the head of the ministry.
LEGISLATURE

 To legislate means to make laws.


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 Hence, the legislature is the arm of government that makes laws.

 In Zambia the legislature consists of the Republican President and the National Assembly.

TYPES OF THE LEGISLATURE

 BI-CAMERAL: bicameralism means a legislative with two houses or chamberseg South Africa.
 Bi means two.
 The second house or chamber is called the upper house, and the first house is called lower house
 Most big states have bicameral legislative.
 Advantages of bicameral legislature over uni-cameral
 Lessens the burden of the first house
 It safeguards against the despotism of a single chamber
 Provides checks and balances
 Two houses better represents the public opinion
 It prevents the passing of hasty and ill-considered legislation by a single chamber.
 Uni-cameral: unicameralism means a legislaturewith a single house/chamber eg in Zambia.

 Advantages of uni-cameral over bi-cameral


 It provides one opinion and uniform information to the public unlike, the bi-cameral which confuse
public opinions
 It does not lead to gridlock, it makes law to be passed more efficiently (making passing of law
difficulty)
 It requires less funds for its operations
 It has short legislative sessions

THE COMPOSITION OF THE NATIONAL ASSEMBLY IN ZAMBIA

 One hundred and fifty-six elected members


 Not more than eighty (8) nominated members
 The speaker of the national Assembly

Qualification for a member of parliament:

 A Zambia citizen with Green NRC


 21 years above

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 Have no criminal record
 Be of sound mind
 Be literate and conversant with the official language
 Should have a grade 12 certificate
 Supported by not less than nine registered voters from in his constituency where he wishes to stand.

Speaker of the National Assembly:

 Is elected by members of the National Assembly.

 He chairs the National Assembly.

 Election of the Speaker is the first business that a new Assembly transacts.

Deputy Speaker:

 Chairs the National Assembly in the absence of the speaker.

 He is also the chairperson of the committee of the whole house.

Leader of government business in the house:

 The vice President is the leader of government business in the house.

The leader of the opposition:

 Title given to the leader of the official opposition party.

 He is afforded certain privileges such as to speak before other opposition members.

The whip:

 Is a member of a party responsible for representing his/her party when consulting with other whips and
leaders in the house.

 He/she also maintains party discipline.

 The chief whip is the whip of the ruling party.

Some of the members of staff are:

The Clerk of the National Assembly:

 Is the principal administrative officer of the National Assembly.


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 He/she records National Assembly debates in the book called the National Assembly debates or
hansard.

The sergeant at arms:

 He/she is a security officer who keeps order in the National Assembly.

 He sends rude MPs out of the house when ordered by the Speaker.

FUNCTIONS OF THE NATIONAL ASSEMBLY OR LEGISLATURE:

Lawmaking:
 A Law made by the parliament is called a statute or act of parliament.
 Before a law is passed it is called a bill.
 A bill is a proposal or a suggestion for a law.
 A bill suggested by a minister is called a public bill or government bill while a bill suggested by an
ordinary MP is called a Private member’s bill.
Stages a bill takes before it is passed into a law:
 First reading: the bill is introduced in the National Assembly, but it is not debated upon. MPs are given
time to study the bill.
 Second reading: the Minister who suggested the bill explains the bill in detail. The MPs debate and
vote for or against it. If the majority of the MPs support the bill, it is adopted and passed the next stage.
 Committee stage: the MPs are divided into small committees to examine the bill and suggest some
amendments or changes.
 Report stage and third reading: members of parliament vote for or against each amendment which is
finally passed to the president.
 Bill goes to the president: The President assents (signs) or vetoes it.

Note:To assent is to sign a bill. If the bill is vetoed it is sent back to the National Assembly for debate
again.

Control of the executive:


 The legislature checks on what the executive does in line with the citizens’ needs.
 MPs ask Ministers questions on the activities of the executive
Passes the National Budget:
 Discusses and approves the budget which specifies how much money the executive can use each year.
Impeachment of the president:

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 The National Assembly has the power to impeach or remove the President if he violates the constitution
and for misconduct.
Ratification of appointments:
 It has power to ratify or to approve appointments made by the President E.g office of the Chief justice,
the Attorney General, the Investigator General Etc.

Committees of the National Assembly

 Public Accounts committee (PAC). It is the most important committee because it studies how
government Ministers spend money.
 Standing order committee
 Committee of estimates
 Committee of labour, youth and sport
 Committee of communications, transport, works and supply etc.
 NOTE: The President, while being part of the legislature, does not normally sit in the house except at
the beginning of each session during the ceremonial State opening of Parliament.

JUDICIARY
 It is also known as the judicial sister, judicature, judicial branch or court system
 The main job of the Judiciary is to ensure that laws are obeyed and interpreted to the people so that they
know what they are allowed to do and what they are not allowed to do.
 The Judiciary is supposed to act freely and independently.
FUNCTIONS OF THE JUDICIARY
 Protecting and enhancing the democratic process
 Ensuring that laws are obeyed (enforcing the law)
 Interpreting laws.
 Settling disputes when people disobey laws
 Hearing criminal and civil cases
 Provides checks and balances to the executive and the legislature
 Punishing offenders or violators of the law
IMPORTANCE OF THE JUDICIARY IN PROMOTING DEMOCRACY
 Protecting human rights
 Ensuring rule of law
 Nullifying the elections if they are not conducted according to the electoral process (promoting of free
and fair elections).
 Interpret the law for citizens.
COMPOSITION OF THE JUDICIARY

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The Chief Justice is the head of the Judiciary he or she is appointed by the president and ratified or approved by
the parliament.
SUPREME COURT
listens to appeals from high court

HIGH COURT
Listens to appeals from magistrate courts. Supervises
magistrate court

MAGISTRATE COURTS
Hears serious cases and appeals from local courts

LOCAL COURTS
Hears civil cases

 Although all courts in Zambia can hear civil and criminal cases, different courts have different
Jurisdictions or powers, which means each court can hear only certain cases.
LOCAL COUTS:
 This is the lowest court which can hear minor cases
 It has limited jurisdiction
 The presiding justice is in charge and he/she works with local justice with the help of the clerk of the
court.
 The clerk of the court takes down notes on the proceedings of each case.
Magistrate courts/subordinate courts:
 They are higher than the local court
 It hears appeals from the local courts
 They hear more criminal cases than civil cases
 A person who hears cases in magistrate is called magistrate.
High court
 This is the second highest court in Zambia
 It hears appeals from the magistrate
 It supervises the magistrate courts
 It is found in all provinces
 High court judges are appointed by the president in consultation with the judicial service commission
Supreme court
 This is the highest court in Zambia. It the court of last resort
 It hears appeals from the high courts
 It is composed of the chief justice, deputy chief justice and three supreme court judges
 All supreme court judges are appointed by the president in consultation with the judicial service
commission
TYPES OF LAWS
International laws: These are laws which guide countries on how to behave towards each other.

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Constitution laws: These are laws which guide the government.
Civil laws: Guide the behavior of people towards each other.
Criminal laws: Protect the interests of the state and society.
Customary law: These are traditional customs and rules.
CASE LAW OR PRECEDENT
 Is the collection of past legal decisions written by courts and similar tribunals in the course of deciding
cases
 Is as a result of gaps or ambiguities in the interpretation of the law.
Types of cases
Civil cases:
 These are disputes between people.
 These cases guide the behavior of people towards each other.
 You pay damage when you commit a civil case.
 Damage is money you pay as a form of compensation.
Criminal cases:
 These are cases against the state and society and may include theft, murder, bribery, rape, careless
driving etc.
Other important officers in the judicial process
The attorney general:
o He is the Chief legal advisor to the government.
o His/her duties include: representing the government in court and signs all bills to be presented to
Parliament
The solicitor general:
o He/she is a senior government lawyer who performs the functions of the attorney in his absence.
The director of public prosecutions:
 He/she is an official in charge of all criminal proceedings.
 In every serious case, he carries out the duties in person
The investigator general:
 He/she chairs the commission of investigations.
 This commission investigates cases of corruption, nepotism and malpractice.
 Another name for the investigator general is Ombudsman.
Note:
 If you commit any of these offences you will be arrested by the police and you can ask for police bond
while you are waiting for your case to be heard by the court.
 A police bond is a written promise an accused person makes to the state police that he will not run
away.
 In case you are not given a police bond, you can ask for bail when your case is taken to court.
 A Bail is the money an accused person pays to the court so that he/she is set free until his case is tried.
JUDICIAL TERMINOLOGIES
Below are some of the terminologies used in judicial languages:
 Witness: A person who gives evidence in a court of law.
 Prosecutor: The person who tells the court what crime an accused has committed and what law he has
broken
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 Dock: The box where an accused and the witness stands in a court of law
 Mitigation: This is when an accused person asks the judge to be lenient on him/her when giving
punishment if found guilty.
 Legal aid: Assistance an accused gets from a government lawyer without paying for it.
 Defendant: A person accused of having a crime
 Complainant: The person who takes the case to court

DEMOCRACY
 Democracy literally means “rule by the people” (demo means people and kratos means rule)
 Democracy is the form of governance in which rulers are held accountable for their actions, in the public
realm, by the citizens acting indirectly through the competition and cooperation of their elected
representatives
 Democracy is the government by the people, of the people and for the people.
FORMS OF DEMOCRACY
Direct democracy/ participatory democracy
 Is where people directly take part in making decisions on matters that affect them.
 For example, in smaller communities such as villages people can express their views directly on what
they want to see happening
Representative democracy
 It is also called parliamentary democracy
 It is used when it is not possible or practical for everyone to take part directly in making decisions
 For example,decisions on day by day about how the country should be run.
Pluralistic democracy
 This is the governing system in which real power is held by various groups in the decision making
process of government.
CORE VALUES OR PRINCIPLES OF DEMOCRACY

 Political equity: this emphasizes on that there must be opportunity for all citizens to participate in ruling,
it means citizens born with equal standards before government
 Popular sovereignty: the idea that citizens are the ultimate authority and the source of the authority of
government
 Individual liberty: every individual is equal and has worth before God, he or she has got rights to be at
liberty.
 Majority rule: if political authority rests in the people collectively, and if all people are equal, then the
majority should rule.

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 Minority rights: while majority rule is important, the rights of the minority and decisions have to be
respected.
 Economic rights: there must be equal distribution of wealth and power by the government to all the
citizens.

CHARACTERISTICS OF DEMOCRACY

 Control over government decisions about policy is constitutionally vested in the elected officials.
 Elected officials are elected in a free, frequently and fair conducted elections
 Practically all adults and are have the right to vote in the election of officials
 Practically all adults have the right to run for elective offices in the government
 Citizens have the right and freedom of expression
 Citizens have the right to seek out alternative sources of information
 Citizens have the right to form relatively independent association or organization
 The polity must be self-governing
 The rule of law prevails
 The elected officials upholds of human rights
 Freedom of the media

THREATS TO DEMOCRACY

 Political apathy: the inability of the citizens to take part in political affairs
 Lack of development: lack of social and economic development
 Lack of quality leadership: leadership can either build or destroy the democracy by the decisions
and actions
 Lack of civic education in schools and communities: the methods and values of democracy have
to be taught to the citizens.

CONDITIONS NECESSARY FOR DEMOCRACY

 Education and civilization: there must be adequate civic education sensitization in communities so that
citizens are civically sound in societies and promotion of quality civic education in institutions of
learning.
 Separation of power: the separation of power has to be practically implemented
 Vigilance: citizens has to be alert to the happenings in their societies more especially on issues of
governance

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 Tolerance: democracy is governed by debate and discussion. Hence, there must be tolerance by those in
offices and the general citizenry.
 Freedom of speech and association: citizens must have freedom of speech and association without
intimidations by those in power.
 Strong sense of nationhood and patriotism by all citizens
 Written constitution: there must be a well-defined constitution to guide the conduct and behavior of
both the elected officials in government and the general citizens.

MERITS AND DEMERITS OF DEMOCRACY

Merits of democracy

 Participation of citizens in government facilitates co-operation between the officials in government and
the general citizenry
 It promotes effective education to the citizens about political, economic, cultural and social affairs
 It promotes patriotism among the citizens and prevent the violence in the country
 It promotes peaceful transition of power from one political party to another in times of elections
 It guaranties liberty and equality which are necessary for human development
 Safeguarding of human rights and even respects the minority rights and freedoms
 It broaden the vision of all while neutralizing the inherent selfish tendencies of those in government
 It promote and improves the quality of decision making
 It enhances the dignity of citizens

Demerits of democracy

 Decision making process is slow as it involves long deliberations and debates.


 It is more all about political competition and power play, there is no scope of morality
 It does not encourage individuals to give their opinions
 It is a very expensive form of government because elections has to be conducted periodically at various
levels
 It is difficulty to prevent corruption and malpractices
 It promotes (mobocracy) quantity not quality, the rule of the majority has at times proved to be the most
incompetent and worthless.

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Totalitarianism or autocracy

 RUN by one person who holds absolute control over all aspects of people in the country.

 Examples: Italy and Germany in the 1930 and 1940s, and North Korea.

Sometimes an autocratic leader starts off as a democratically elected leader, but then later becomes a dictator. In
the1970s and 1980s, many African countries had autocratic leaders.
Military dictorship

 Government run by the army, who often violently overthrows a democratically elected government in a
military coup d, teat.

 Military governments usually suspend the constitution of the country and ban political parties, so that
they can have total control.

Monarchy
 Ruled by a monarch (king or queen) who inherits the position.
 Monarch holds this position for life, until passing it on to a relative, usually a son ordaugter.
 Some are absolute monarchies: kingdom of Saudi Arabia, the sultanate of Oman and the kingdom of
Swaziland.
Parliamentary monarchy

 Some state have a monarch as a symbolic head of state, even though the country is run as a democracy.
The monarch does not have power to make any policies. Examples: the United Kingdom, Jordan,
Kuwait and the kingdom of Netherlands.

Oligarch

 Only a few wealth people or a group with special privilege hold power.

A republic may be an oligarchy if just a few people have the right to vote, for explethe

Aristocracy

 Run by aristocrats (people who are wealth and educated, with social privileges).

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 Many past monarchies were also aristocracies, as the people with the most money and social power
occupied positions of power.

 Today, the term suggests that the wealthy control the politics of a republic.

POLITICAL ORGANISATION

Political parties

 When people share similar political ideas, they may come together to form an organisation called a
political party to promote their political agenda.

 Is a group of people who have the same ideology, or who have the same political positions, and who
field candidates for elections in an attempt to get them elected and form government as a way of
implementing party agenda.

 The political party that is in power is known as the ruling party; other parties are known as opposition
parties.

 Political parties usually aim at influencing public policies.

 They do this by conducting political campaign to win elected political posts- for example, seats in
parliament, the presidency or positions in local government.

 In a democratic system with many political parties, people can choose freely which leaders to support.

Functions of political parties

 Acting as a go-between between the government and the general public

 They provide checks and balances to the government

 Promoting democracy in the country (citizens watchdogs or advocates)

 Developing policies and programs that reflect the wishes of its members

 Making government aware of ordinary citizens’ opinions and wishes

 Recruiting and training candidates for various public offices in future

Note:

 Opposition parties are important in checking how the ruling party uses the power and resources.

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 The opposition usually provides constructive criticism of the ruling party, and may suggest an
alternative to the government is run.

 They provide competing policies aimed at persuading citizens to vote for them.

Structure of a political party

Leaders work at national and local levels.

National leaders are senior members of a party and usually represent a “shadow” cabinet if the party is in
opposition

Local leaders work at district, constituency and ward levels

Members are paid-up members who volunteer their services to the party voluntarily

Supports are people who believe in the party’s ideals. Supporters may organise funds for the party through
donations or fundraising activities.

Party manifesto

 A manifesto is a written statement of policies, principles, ideas, opinions and strategies.

 It outlines what the political party wants to do when it comes into power.

 Political parties use their manifestos to persuade voters to vote for their party or candidates.

 Manifestos are sometimes referred to as party platforms.

 They may make proposals on issues such as law reforms, agriculture reforms, the education system,
health or restructuring of government ministries and departments.

Party ideology

 An ideology is a set of ideas that guides a political party’s goals, wishes and proposed actions.

 It can also be defined as a set of beliefs that explains and defends a particular party’s actions, goals and
intentions.

Examples of different ideologies

Environmentalism: valuing conversation of the environment over economic development

Globalisation: aiming to create more free trade between different countries

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Communism: promoting equal sharing of country’s resources over free market ideals.

Funding of political parties

 Political parties get funding from members, supporters and organizations that share similar political
views.

 They can also raise funds for their operations by selling memberships.

 Special interest groups can also fund political parties if they think that when a particular political party
comes into power, it will advance their cause.

 In some countries, there are strict laws controlling the sources and amounts of political party funding.

 Such laws are aimed at preventing bribes from certain interest groups, which may eventually result in
the loss or misuse of government resources.

One-party political system

 In a one-party system, one political party controls all aspects of government.

 There are no opposition parties.

 The ruling party may tolerate other small parties, as long as they do not challenge the ruling party’s
power.

 In general, different views are not allowed and all social organisations such as trade unions are expected
to associate themselves with the ruling party.

In African countries with many ethnic and religious groups, it was very difficult to achieve national unity after
gaining political independence. Many African countries adopted one-party system in order to encourage
national unity. This had both advantages and disadvantages

Advantages

 Long-term national planning is easier because the ruling party has no fear of being voted out

 Government makes decisions easily due to absence of differing views from opposition parties

 During election candidates are voted for on individual merit rather than along party lines

 Campaigning and election are cheap since there is no competition

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Disadvantages

 May lead to dictatorship. Leaders become arrogant, dictatorial and corrupt

 Human rights abuses arise, because there is no opposition to the ruling party

 The government may misuse resources for their own profit

 Elections are not usually free and fair. The ruling party manipulates the election process in order to
remain in power

 Differing views are not tolerated

 Individuals and groups that criticise the government are persecuted. They may be imprisoned or even
secretly murdered

 Senior leaders cannot be replaced, even if they are inefficient and corrupt. They tend to see themselves
as owners of the party and the government

 From 1972-1991, Zambia had a one-political party system. It was called one-party participatory
democracy.

 However, in 1991, after a series of protests countrywide, the country returned to a multi-party system.

 The case study gives an example of one of the other one-party states that developed in Africa after
independence

Multi-partism

 Multi-partism means that two or more political parties are legally allowed in the country.

 Political parties compete freely for the control of state power through elections. Any party that wins
the presidential elections forms government.

 The party normally stays in power until after mandate expires, or until the next elections.

Advantages

 Voters can choose how their country is run.

 People have wider freedom of political choice


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 There are peaceful ways to bring about change in government

 The opposition party speaks out if the ruling party does not keep its promises

 If the people are unhappy with the ruling party, they can vote for an alternative party.

Disadvantages

 They system may divide the country along ethnic or religious lines, with conflict between the parties

 In some developing countries,parties seek foreign funding. The funders may try to influence party
policy in a way that threatens a country’s sovereignty

 Campaigns and elections may be expensive

 If the leadership changes too often,it may be difficult to sustain long-term development.

ELECTIONS
Expected Outcomes

 Define the term elections


 Discuss electoral systems
 Describe the electoral process in Zambia
 State the types of elections held in Zambia
 State situations of and the dangers of election rigging or cheating
 Suggest ways on how to ensure free and fair elections

Definition of Elections
 An election is a formal decision-making process by which a population chooses an individual to hold
elected status (public office).
 Elections have been the usual mechanism by which modern representative democracy has operated since
the 17th century.
 Elections may fill offices in the legislature, sometimes in the executive and judiciary, and fo This
process is also used in many other private and business organisations, from clubs to voluntary
associations and corporations.

Types of Elections in Zambia


There are three types of elections in Zambia. These are:
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Primary Elections
 These are held whenever democratic parties want to choose candidates to stand in Presidential,
Parliamentary, and Local Government Elections.
 The Purpose of these elections is to enable a political party to democratically select suitable candidates
from the applicants wishing to stand on its ticket.
Presidential, Parliamentary and Local Government Elections
 These are also known as General or Tripartite Elections.
 The word Tripartite comes from the word triple meaning three.
 A tripartite election means that there are three types (i.e. Presidential, Parliamentary and Local
Government Elections) held at the same time.
 These elections are held every five (5) years to elect the President, Members of Parliament, and Ward
Councillors as stipulated in the Zambian Constitution.
 Members of Parliament are the link between the government and the people.
 They take issues of development from their constituencies to the government and explain to the people
what the government is planning to do or is doing. T
 The council tackles development at the local level and makes by-laws to be followed in a district.
Presidential elections
 These take place every five years to elect the president
 A person may be elected for two five-year terms and serve for a maximum period of ten years
Parliamentary elections
 Are held to elect a member of parliament (MPs
 They form the central government of the country

Local government elections


 Are held for people to elect their ward’s representative in local government authority
 The term of office for Ward or Branch Councillors is three years
By-Elections
 By-elections are held when a councillor or Member of Parliament or President dies, resign from his or
her party or is imprisoned for more than six months.

Note:
 To stand in a Presidential Election, a candidate must be sponsored by a political party.

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 In the Parliamentary and Local Government Elections, a candidate can either be sponsored by a
political party or stand as an independent.

Zambia’s Electoral Process


 An electoral process is a series of interlinked stages of events involved in the selection of representatives
through an election.
 Zambia’s electoral process is provided for under the Electoral Act of 2006.
 The Electoral Act of 2006 provides for the institutional frame work, the electoral system, procedures for
delimiting the constituencies, qualifications and requirements for candidates and the process of
elections.

The Following are the basic stages in the electoral process in Zambia:
Legislation (Legal Framework)
 This is the enactment of the law on elections in Zambia. It is done by Parliament.
Delimitation
 This is the demarcating or the dividing of the country into constituencies.
 The Delimitation Commission of Zambia conducts hearing sessions in districts concerning delimitation
of constituencies.
 Districts with big populations are divided into more constituencies and wards
Election Timetable
 The electoral Commission draws up an electoral time table for the elections.
 The election date is advertised so that people know well in advance when they have to vote.
Registration of Voters
 The Electoral Commission of Zambia sets the dates and duration for the registration of voters.
 Zambian citizens who are 18 years and above with Green National Registration Cards are allowed to
register as voters.
Verification of Voter’s Roll
 This is the exercise to enable the electorates to make corrections if any on their names in the voter’s roll.
Nomination of Candidates
 Once candidates have been identified and selected, dates for filling in nomination papers stipulating
qualifications of candidates are set.
 The nomination day marks the beginning of official campaigns.
Election Campaigns

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 Campaign strategies vary from party to party.
 This includes; political rallies, indoor meetings, door to door canvassing, the use of posters, wearing of
T-shirts with campaign messages, etc.
Polling Day
 This is the day electorates or voters go to polling stations to vote for the candidate of their choice.
Countaining, Verification and announcing of results
 After voting is done,votes are counted at the polling station at which they were cast.
 The Electoral Commission of Zambia through Town Clerks or Council Secretaries check on the voting
results to ensure that the election results contain correct figures and are a true reflection of the votes cast.
 After verification of results,the electoral commission will announce the results
Functions of Electral Commission of Zambia
 Making rules that provide for the registration of voters
 Training and supplying election officers for each polling station
 Conducting elections
 Specifying offences and penalties in connection with elections
 Appointing election petitions and hearing about these
 Receiving nominations by candidates for elections
 Announcing election results after counting and verification have been done.
 Assigning presiding officers in polling stations.
Electoral Code of Conduct
Under electoral Code of Conduct, nobody is allowed to:
 Cause violence using offencive language or undesirable conduct
 Intimidate vovers or opponents at political meeting, demonstration or other public gathering of political
nature
 Make false allegations of any person or party in connection with an election.
 A Damage or destroy any political campaign materials of any person.
 Exchange any person’s voters’s card for money
 Arrange a public meeting or rally or match at the same time and venue as another similar political

LOCAL GOVERNMENT

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 A local government is a group of people who manage or administer public affair in a given area or
locality.

 A locality can be a Province, District, Ward, Municipality or City.

 Local councils are local government that fall under the ministry of Local government.

History of Local Government

 Since independence in 1964, local government structures have gone through various changes aimed at
decentralising government.

 Decentralisingmeans shifting the responsibilities of some government functions from the central
government to local government structures.

 By 1927, there were four types of councils namely city, municipal, township and rural councils.

 Mayors were elected to be civic leaders of city and municipal councils while in township and rural they
were called Chairmen.

 Chief administrative officers in city and municipal councils were Town clerks while in a township and
rural were called secretaries.

 The decentralisation system existed for ten year and was replaced by the 1991 Local Government Act.

 This act introduced a system of local government similar to that of 1965.

 Three types of local councils were established: city, municipal and district council.

Powers and functions of councils

 Allocation of sites for residential and industrial development


 Collection and disposal of refuse (rubbish)
 Issuing of trading licenses
 Maintenance of roads
 Maintenance of waterworks
 Providing street lighting
 Provision of recreational facilities such as parks, swimming pools etc.

Source of revenue

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Councils also raise funds by:

 Collecting rates and rent on people’s property.


 Borrowing money from financial institutions such as banks, building societies etc.
 Engaging in business undertaking such as taverns, bottle stores, motel.
 Collecting rent and rates. Rents are money paid to the council by people who live in council houses.
Rates are paid by people who own property in a council area.
 Collecting personal levy from all working residents
 Receiving annual grants from central government.
 Buying shares in companies where they obtain dividends or royalties

NOTE:

 Each council is demarcated into small areas called wards.

 Therefore, a councillor represents a ward.

 At the first meeting of the elected councilors, elections are held to choose mayors. Mayors stay in office
for one year and may seek re-election for a second term but they cannot serve a third term.

 Another method foe which councilors are selected is by nominating eminent long serving persons who
are experienced in a particular field

 Long serving members of the council are called Aldermen

House of chiefs

 Chiefs are traditional rulers.

 They enjoy a special social position in the governance of the country, although they don’t take sides in
political parties.

Roles of traditional leaders

 Their role is to provide leadership in the community and act as custodians that protect traditional values
and land.

Composition of the House of Chiefs

 Chiefs belong to different royal establishments in various parts of the country.


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 At provincial level, they form provincial chiefs’ council.

 The provincial chiefs’ councils select three members from each province to represent the province in the
house of chiefs at national level.

 The head of the House of Chiefs is a Chairperson, elected among members of the house.

 The central government appoints a Clerk of the house of Chiefs.

 This person functions as the secretary and administrative head of the house.

 The House of Cheifs was re-established in 2003 under article 1996 of the constitution.

 The aim was to promote decentralisation of the local government system so that local authorities could
provide efficient and effective service delivery.

The Role of the House of Chiefs

 The house of chiefs advises the central government on all matters related to traditions
 Advising central government on the development of chiefdoms
 Discussing any bill or matter referred to it by the President before it is presented in parliament.
 Dealing with matters that relate to customary law and practice.

CITIZENSHIP

 The word ‘citizen’ literally means residents of a city who enjoys certain privileges of such residence. A
citizen is a person who owes allegiance to and in turn receives protection from a nation. A citizen may
take an active or passive role in the government process. The right to vote gives the citizen the
opportunity to help select those who will determine public policy. Beyond simply voting, the citizen can
assist in electoral campaigns, lobby his or her representatives, or join with others to form interest groups
in all to advance personal Interest or to further the citizen’s conception of the public interest.

 Citizenship refers to dynamic relationship between a citizen and his or her nation. It involves rules of
what a citizen might do (such as vote), and he/she must do (pay tax) and can refuse to do (pledge
allegiance). Increasing the concept, citizenship involves benefits or entitlements that a citizen has a

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right to demand from government. In some jurisdiction, citizenships is a requirement for public
employment. A person’s citizenship is either as a result of being born in a particular country being
naturalized, or parents being born in that particular country/ descent.

 It is also said to be the relationship between the state and an individual in which an individual owes
allegiance to the state and in turn receives state protection from the state.

The idea of citizenship originated from Greece

Legal and Moral aspects of Citizenship

Legal Aspects
A citizen is recognized by law and his or her rights are enshrined in the laws of the land. Every citizen has the
protection of the state whether home or abroad. A citizen who fails to comply with the legal aspects of
citizenship is liable for prosecution.
Moral Aspects
The Moral aspects of citizenship acknowledge the value of self-discipline and self-control. A morally upright
citizen has a sense of responsibility to fulfill all his or her obligations to the state and the various social groups
that he/she belongs. He/she is not only responsible to his or her family but also to his or her community and the
state.
Alien
An Alien is person living in a country which is not his or her own. An alien owes allegiance to another. Aliens
enjoy civil but not political rights. An alien may be deported from the host state for misconduct or committing a
serious crime.
Kinds of Citizenship
Natural citizenship
 Type of Naturalized citizenship
 Rule of Jus Sanguine- blood relation and descent decides citizenship.
 rule of Jus Soli citizenship is acquired on the basis of place of birth
The rule of Jus Sanguini’s is order than that of Jus Soli and many countries follow this principle.eg Zambia. But
countries like America and Britain follow the principles of Jus soli.

Naturalized Citizenship
A foreigner may acquire Citizenship of a host country.
Prescribed conditions for one to acquire Naturalized Citizenship.

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Rule of residence:
 This state that a foreigner is required to live in the host country for uninterrupted minimum period of
residence by which a foreigner becomes eligible apply for citizenship is ten years.
 The principle of declaration on a prescribed form: This requires a foreigner to fill in prescribed
application forms and provide necessary documents declaring his or her intention of applying for
citizenship.
 Renunciation of previous citizenship: This requires an applicant to give up his or her previous
citizenship and take an oath of allegiance to the country of which one intends to
 Marriage: A spouse can acquire citizenship of a wife or husband. This requires one to renounce the
previous citizenship. However, one can opt to maintain his or natural citizenship even when living in a
spouse’s nation.
3 Naturalization can be partial or complete.
 When a foreigner obtains the full share of enjoyment of the rights and privileges of that of a natural
citizen of his or her adoptive country and there is no discrimination of any sort, Naturalization is said to
be complete.
 If there is differentiation in enjoyment of rights and privileges between the natural citizen and
naturalized citizen we call that as Partial.
Qualifications for Zambian Citizenship
Article 4, 5 and 6 stipulates the following conditions for one to be a citizen:
Article 4.
1) A person who stayed in Zambia before the commencement of this constitution.
2) Any person, who was entitled to citizenship of Zambia before the commencement of this constitution
subject to the performance of any conditions following the happening of a future event, shall become a
citizen upon performance of such conditions.
Article 5.
A person born or outside Zambia after the commencement of this constitution shale come a citizen
of Zambia.

Article 6
Any person who:-

(a) Has attained the age twenty one years and

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(b) Has been resident in Zambia for a continuous period of not less than ten years can apply and be
registered as a Zambian Citizen
Special groups

 Refuges these are people who came to seek freedom and safety within her/ his or outside country
because of different reasons.
 Persons with disabilities. The government should institute measures that enables persons with
disabilities to lead a normal life
 The aged people over sixty years need special care, love and security as they are senior citizen.
 Unemployed youths the government should put in training facilities which so that youths are provided
with necessary skills.
 Orphans The government should offer social security alleviate to the suffering of these people.
Symbol of the Zambian Citizenship
The Green National Registration is the symbol of Zambian citizenship. This is issued by the National
Registration office under the Ministry of Home Affairs. The Minimal age for to acquire the NRCs 16 years.
Loss of Citizen
 Acquisition of new citizenship of another country by naturalized citizen;
 Deserting from Military service by a naturalized citizen when called upon by the state;
 Committing a serious crime or engaging in unacceptable activities by a naturalized citizen
In some countries, a person can also lose the status of being a citizen if one
 Accepts foreign decorations of titles
 Is continuously absent from the home state for a long period of time
 Takes up employment under the foreign government
 Gets Married (woman) to a foreigner such as a person acquires the citizenship of the husband.
A naturalized citizen can lose citizenship if that person is expelled from the country of residency by the state.
This kind of expulsion is known as Forced Repatriation. However, if the naturalized citizen wishes to revert to
his or her natural citizenship and goes back to the country of origin, this is known as Voluntary repatriation.
Qualities of a good Citizen
 Living up to democratic principles: This requires the willingness to participate in the affairs of the
state such as exercising the right to vote
 Contribution to National Development : This is the readiness to render every kind of service to the
nation
 Self-control: This is the ability to control oneself and respect others in order to avoid conflicts.

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 Conscience: This is the sense of responsibility and service towards the community.
 Courage: This is the strength to stand up for ones convictions when conscience demands it.
 Respect for the law: This is the willingness to work through peaceful legal means to change unjust
laws.
 Perseverance: This is the willingness to work under difficult circumstances in order to accomplish
worthwhile goals
 Empathy: Having concern or compassion for the well-being of others especially the vulnerable in
society.
 Patriotism: This involves a sense of love and loyalty to the state by observing values and principles’ of
one’s country
 Duties and responsibilities of a citizen
 Be patriotic and loyal to Zambia and promote its well-being;
 To contribute to the well-being of the community where that citizen lives including observance of health
control;
 Promote democracy and the rule of law
 Foster national Development;
 Vote in national unity and live in harmony with others
 Vote in National and local government elections;
 Provide defense and military service when called upon; carry out with discipline and honesty legal
public functions
 Pay all taxes and dues legally due to the state
 Assist in the enforcement of the law at all times
Personal Responsibilities
 Taking care of oneself
 Supporting ones family
 Adhering to morals, principles and values of one’s society
 Respecting the rights and interests of others
Civic Responsibilities
 Obeying the law
 Paying taxes
 Respecting the rights of others
 Being concerned about public issues
 Participating in civic activities such as voting

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 Performing public service
 Observing and maintaining the security of the nation
Obstacle to Good Citizenship
 Indifference: When Citizens are indifferent to their rights and duties and are too concerned with their
personal safety and security, democracy cannot thrive.
 Self Interest: an individual who is motivated by self-interest avoids public responsibilities or simply
ignores the general welfare of his or her society
 Allegiance to political Parties: A bad citizen is one that puts the interest of apolitical party he/she is
affiliated to above national interests.
 Poverty: A poverty stricken citizen is not interested in national affairs.
 Ignorance: An informed or ignorant person often fails to differentiate between wrong and right.
 Defects in the electoral system: If large sections of society are unrepresented in electoral system, this
can make them lose interest in the affairs of the state as they may not feel a sense of belonging
 Reports of Corruption in the Media: Print and electronic Media such as the newspapers, radio
television, internet may twist the truth and misinform the public to such an extent the citizens are not
able to access issues correctly and knowledgably.
 The complex of our society; In many cases individuals toady belong to various types of citizenship
such as Christian, Local National Eco citizenship and global Citizenship. It may be difficulty to
harmonize interest of one citizenship with those of another for example Eco- citizenship with Christian
citizenship.
Ways of promoting Good Citizenship
 Administrative improvement
There should be restructuring of political and social institutions to keep pace with the times and wishes
of citizens. Short tenure of office for elected officers will lead to frequent elections that will bring about
accountability in leaders.
Broadening franchise which will increase citizen’s awareness of their rights.
 Moral remedies:
Citizens need to be spiritually and mentally motivated for them to take an active interest in public
affairs through educational opportunities.
 Stability and Justice:
Establishment of security, stability and justice which should measure leaders and the citizens.

THE CONSTITUTION

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 A Constitution is a system of laws, customs and principles usually written down, according to which a
country or an organization is governed.
 Customs refer to accepted traditions and habits of the people in a society. A constitution is the Supreme
Law to which all other laws are subordinate.
 A nation needs a constitution in order to regulate the activities of its citizens.
TYPES OF CONSTITUTIONS
Written constitutions.
Unwritten constitutions.
1. WRITTEN CONSTITUTION
 This is a constitution in which most of the provisions or contents are documented in a single formal
written document.
 It is a set of rules that the citizens of a nation contribute to, discuss and agree to be governed by.
 Countries with written constitutions include Zambia, Botswana, Tanzania, Namibia, South Africa, and
America.

Advantages of a Written Constitution


 It is usually drawn up with great care and deliberations
 It is clear and definite.
 They are stable and steady.
 They are free from manipulation by the Judiciary.
 It affords protection to the individuals and guarantee people’s rights.
Disadvantages of a Written Constitution
 They are not easily adaptable to emergencies and changing needs in society.
 It tends to compress into one document all the ideals and political principles of a nation.
 It is difficult to amend when rigidity and conservatism are carried too far.
2. UNWRITTEN CONSTITUTION
 This is a Constitution that has most of its provisions not found in a single document but in a collection of
documents, statutes and traditional practices that are generally accepted as governing a nation.
 The British constitution is one such example.
Advantages of Unwritten Constitution
 It is easily adaptable to changing conditions of a dynamic society.
 It can be bent to meet national emergencies without breaking their framework.
 It provides legal means for satisfying popular passions and preventing revolutions.

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Disadvantages of Unwritten Constitution
 It is unstable as it can be bent or twisted easily.
 It can be changed or amended according to individuals or party’s wishes and desires.
 It is vague because it is unclear and indefinite.
 It requires a high degree of political consciousness in order to understand it among the people.
 It is taken for guaranteed that it exists, even though it is not written.
 It can easily be manipulated by the Judiciary
FORMS OF CONSTITUTIONS
The two types of constitutions can either be Flexible or Rigid.
1. FLEXIBLE CONSTITUTION
 This is a form of a constitution that can easily be amended or changed by the majority of eligible
citizens without calling for a referendum.
 A Referendum is a situation when citizens are asked to vote YES or NO on an important national issue,
such as voting whether to abolish the death sentence or not.
2. RIGID CONSTITUTION
 This is a form of a Constitution that cannot easily be amended.
 This type of a constitution is usually amended by a different body such as the National Constitution
Conference (NCC) as is the case in Zambia, and also through a Constituent Assembly (C.A) and a
Referendum, which have a special status than ordinary institutions or Parliament.
STRUCTURE AND CONTENT OF THE ZAMBIAN CONSTITUTION
 The Zambian Constitution begins with a Preamble which is an introduction to the document.
 The preamble states, ‘We, the people of Zambia by our representatives, assembled in our Parliament,
having solemnly resolved to maintain Zambia as a sovereign Democratic Republic and that Zambia
shall forever remain a unitary , indivisible, multiparty and Democratic Sovereign State; do hereby enact
and give ourselves this Constitution’.

STRUCTURE AND CONTENT OF THE ZAMBIAN CONSTITUTION


 REFER TO THE 2016 AMAMNDED CONSITITUTION
HISTORY OF CONSTITUTION MAKING PROCESS IN ZAMBIA
 When Zambia got independence on 24th October, 1964, it inherited the Northern Rhodesia self-
government constitution of 1963.
 The provisions in that constitution were meant to safeguard the interests of white settlers.

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 Therefore, since 1964 to 2016, Zambia has had five Constitutional Review Commissions (CRCs) with
the view of improving its constitution.
CONSTITUTION REVIEW COMMISSIONS IN ZAMBIA SINCE INDEPENDENCE
 The Constitutional Review Commissions in Zambia are usually named after the chairpersons of the
commission.

1. CHONA CONSTITUTION REVIEW COMMISSION OF 1972


 This was the first Constitutional Review Commission and it recommended the establishment of a One
Party State.
 This meant that all other political parties were banned and not allowed to exist except UNIP (United
National Independence Party) which President Kaunda was heading. It became illegal to form any other
political party.
 This recommendation was adopted in 1973 and this was the beginning of the Second Republic.
 A constitution that outlaws (banns) the formation of political parties does not encourage free electoral
participation and infringes on people rights and freedoms such as Freedom of Association, Freedom of
Conscience, etc.
2. MVUNGA CONSTITUTION REVIEW COMMISSION OF 1991
 This was the second Constitutional Review Commission and it recommended that Zambia should revert
to, or reintroduce multiparty democracy.
 This marked the beginning of the Third Republic.
3. MWANAKATWE CONSTITUTION REVIEW COMMISSIONS OF 1995
 This was the third Constitutional Review Commission and its main amendment to the Zambian
constitution was the parentage of persons contesting presidency of Zambia.
 It recommended that only persons whose parents were both born in Zambia could be eligible (allowed)
to stand for presidency. As a result, the then presidential aspirant Dr. Kenneth Kaunda was automatically
disqualified since his parents were not born in Zambia.
4. MUNG’OMBA CONSTITUTION REVIEW COMMISSION OF 2005
 This is the fourth Constitutional Review Commission and its recommendations were not adopted.
5. CONSTITUTION AMENDMENT ACT NUMBER 2 OF 2016.
This Constitutional Review Commission was made up of experts and some of the recommendations include the
running mate, Dual citizenship, No crossing over of the floor and the fifty plus one percent for one to win the
general election.
CONSTITUTION MAKING AND ADOPTION PROCESSES

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(A) CONSTITUTION MAKING PROCESS
 This is a legally acceptable process which a country uses to make its supreme law of the land or
constitution.
 A constitution can be made through a Constituent Assembly and Constitutional Review
Commission[CRC]
 A Constituent Assembly is a body of representatives elected by their respective interest groups to
formulate, amend or adopt a constitution of a country
 Representatives are drawn from Churches, learning institutions, Trade Unions, the Civil Society,
Student bodies and Special interest groups
 A Constitutional Review Commission is a group of people appointed by the President to collect views
from the general public on what should be contained in the constitution.
 In Zambia, the Executive wing of government initiates the making of the National Constitution.
 The republican president using the Inquiries Acts appoints a Constitutional Review Commission to
collect views from citizens through sittings conducted country wide were citizens make submissions
orally or in writing as groups or individuals.
 Thereafter, the Constitutional Review Commission produces a draft constitution. The Inquiries Act is a
law which gives the president power to appoint a commission of enquiry.
(B) CONSTITUTION ADOPTION PROCESS
 This is a process of approving the copy of a draft constitution so that it becomes an official document.
There are two main methods which are used to adopt a constitution and these are;
1. Through Parliament
 Under this method, the draft constitution is submitted to Parliament, which debates the draft Constitution
before adopting and sending it to the president for assent (signing).
 Zambia used this method for the first three Constitutional Review Commissions.
2. Through a Constituent Assembly (CA)
 A Constituent Assembly is a body of representatives elected by their respective interest groups to
formulate, amend or adopt a constitution of any country.
 Representatives may be drawn from churches, learning institutions, trade unions, civil society, etc. The
most important thing is that every citizen regardless of gender, religion, ethnicity, creed, sex, age and
beliefs identifies with the interests being expressed by a member or members of a Constituent Assembly.
 This is the best way of adopting a constitution as it is more representative than parliament.
 It is independent and also free from control of the government or any person. Countries like India,
Namibia, Ethiopia, South Africa, America, adopted their constitutions through this process.

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 National Constitutional Conference (NCC) is similar to Constituent Assembly except that under the
National Constitutional Conference, the adoption is done by parliament, which can decide either to
adopt or reject the draft constitution.
CHARACTERISTICS OF A GOOD CONSTITUTION
 It must be clear as the language used in the document must not be too technical for ordinary citizens
other than lawyers to understand and interpret it.
 Must protect the Rights and freedoms of citizens.
 Must cater for the interests of various groups in society.
 Must protect and respond to the social, economic and political needs of citizens.
 Must be stable and stand a test of time (useful over a long period of time). It must not easily be
changed at the pleasure of any president who comes into power.
 It must be neither too rigid to prevent change nor too flexible to encourage tampering with the basic
principles.
IMPORTANCE OF A CONSTITUTION
 It also sets out the composition and functions of the wings of government.
 It ensures democratic governance.
 It gives equal opportunities for individual development.
 It is owned and guarded by citizens.
 It promotes and protects the Rule of Law.
 It safeguards the fundamental rights and freedoms of citizens.

LEGAL EDUCATION
WHAT IS A LAW? Law is defined in different ways according to different writers:
 Is a system of rules held to be binding or obligatory
 Is an unnecessary evil
 Law is a set of rules which a society develops for itself to control the behaviors of its members to one
another.
 Is a command of the sovereign state
 It signifies a body of rules enforced by the courts of law
SOURCES OF LAW
Zambia has a dual legal system and relies on the English law and the African customary law.
[i] ENGLISH LAW SOURCES
Common law
Common law is the law that started as customs that were common to all parts of England.
 When King William, the conqueror of united England in 1066 AD, he sent his Judges to go round
England to hear cases and codify them by putting them into a system of rules and principles.
Codify-In legal language this means to write something in form of a document.
[ii] LEGISLATION OR STATUTES are laws enacted by parliament. It is the largest source of law in Zambia.
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Three types of laws made by parliament
[a] The constitution It is the supreme law of the land. This means that if any law does not conform with
the constitution then that law becomes void which means invalid.
 For example customary law allows girls who have reached puberty to get married. But the constitution
states that any person below the age of 16 is a child and is not old enough to get married.
 A man who has married her will have committed a criminal offence of Defilement and her parents will
be charged with Accessory to a crime.
 Accessory to a crime. This is a situation where a person helps in the act of committing a crime or
allows a crime to be committed in his or her presence.
[b] Acts of Parliament.
These are laws made through bills of parliament (national assembly) and asserted to by the president.
 The process starts with the presentation of the bill which passes through different stages. The
president can either assent or veto. If not assent, the bill is taken to national assembly for further
debate and be sent back to the president in its original form.
 President has 21 days in which to either assent or dissolve parliament to pave way for fresh
elections.
[c] Delegated or subsidiary legislation
-Delegated or subsidiary legislation are laws delegated to the executive wing of the Government to
make laws as provided in an act of parliament.
Government has allowed ministries to make laws known as statutory instruments.
[iii] CASE LAW-
 It is the second largest source of law in Zambia, also known as Law Reports or judicial
precedent.
 This is done when disposing off a case, the court refers to how a similar case was decided upon
by a superior courts.
The three courts handle appeal cases hence they are known as Appellant courts. Decisions of appellant courts
are reported in the Zambian law Reports. These reported cases are the ones a court dispose of under the
principle of Res Judicata meaning to resolve a case so as the parties involved do not have to go to court to
seek further resolution.
IMPORTANCE
 Save time as there is no need for a whole new research.
 Shaw respect to judges who made the previous decisions
 Ensure equality, Uniformity and stability in the law.
[iv] INTERNATIONAL TREATIES
These are international agreements or conventions that Zambia has signed. Contents of these treaties are
also sources of law in Zambia.
- However, these treaties do not automatically become law unless an act of parliament domesticates
them.
[v] CUSTOMARY LAW
These are laws derived from customs, a practice of doing things in society. They are different from
statutory instruments because they are not written and codified for it to be recognized and enforced by
courts of law.
Customary law uses advisor who are called assessors to give advice on particular matters. These are not
Justices but play the role of consultants
[VI] Roman law
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[VII] Law form adjudication wise people
[VII] Law from equity
[VII] Law from standard works
[IIX] Law from religion

FUNCTIONS OF LAW
 To resolve conflict or to settle disputes
 To limit government
 To protect rights of citizens
 To promote citizens welfare
 To control crime (a crime is an act of breaking the law)

ELEMENTS OF A GOOD LEGAL SYSTEM


A good legal system is one that serves members of its society fairly and without violating their rights.
Elements of a good legal system.
 Simple or understandable. A law has to be written in a language that can be understood by a larger
section of society
 Just or fair. A law has to be applied fairly and justly to everyone and not favoring some of the people.
 Comprehensive – It should not leave gaps but attempt to cover all possible areas of dispute, concern or
debate and anticipate future problems.
 Certain- Citizens ought to know clearly of what is prohibited by law. A law should not be ambiguous
that it is only fully understood and interpreted by small section of the society.
 Accessible. The law should be available to the members of the public. It should be affordable as citizens
should be able to have legal representation.
 Flexible- Laws have to keep up with social change and therefore, they should change with time. A law
should always change to take care of a new problem.
 Moral values: The law should be based on the moral values of society. If laws do not reflect the
society’s core values, citizens are unlikely to respect it
 Enforced. For a law to be considered good it has to be enforced as a way of making it work

TYPES OF COURT CASES


Criminal case
Civil case.
CRIMINAL CASE.
 This is a court case in which the accused is tried for committing a crime against the government or state.
It deals with a crime.
A crime is any wrongful act or omission in society, which the particular society thinks affects the interest of all
its members.

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ELEMENTS OF A CRIME
Every crime has two elements:
(a) The wrongful act or omission.
 This creates offences such as rape, murder, burglary, or defilement, which has an element of physical act
taking place.
 In a theft, there is the taking away of something and keeping it. In a murder’ there is the action of
killing. This element in Latin is known as Actus Reus, meaning a physical act.
(b) The intention or desire to cause harm.
The intention or desire to cause harm, loss or injury is known as the Guilty state or blameworthy
state of mind on the part of the offender. The Latin phrase for this is Mens Rea which means a
guilty mind or Malice aforethought.

CLASSFICACATION OF A CRIME
Broadly crimes are classified into:

(a) Crimes of specific intent: These are crimes that are committed with a specific intention e.g. theft,
burglary, robbery, and wounding someone to cause harm.
(b) Crimes of Basic intent- These are crimes committed through recklessness or a sudden impulse such
as driving past red traffic lights (robots), not stopping at a stop sign, exceeding the speed limit or
manslaughter.

BROAD CLASSIFICATION OF CRIMES:


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

 Felonies. These are serious crimes such as murder, treason, aggravated robbery, defilement
or rape. These are also known as common law crimes

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

CIVIL CASE
-This is a wrongful act that affects only individuals or parties involved. It is any case that does not have a
criminal content. E.g. failing to settle a debt.
Civil law
Sections of civil law
Family law, Law of Contract, Law of Tort, land Law, Employment law
Law of Tort-
This is private or civil wrong for which the wronged person may get redress (compensation) in a court of law.
COMPARISON BETWEEN A CRIMINAL CASE AND A CIVIL CASE
CRIMINAL CASE CIVIL CASE
Affects the whole community hence it is Affects individuals: It is recorded
recorded People VsPhiri MwansaVsTembo
Aim is to punish or reform the offender Aim is to compensate the wronged person
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Case instituted by the Director of Public Case instituted by the wronged person
Prosecutions
Serious wrong act Less serious wrongful act
Concerned with the duties that a person Concerned with rights and duties of
owe to the society. citizens
Case ends in sentencing the offender Case ends in awarding damages to the
wronged person
Case must be proven beyond reasonable Balance of probability applies
doubt

[A] RIGHTS OF A SUSPECT IN A PRE TRIAL PROCEDURE


 The right to liberty is guaranteed for in article 13 of the constitution. However, some of the rights can be
taken away from a person who is reasonably suspected of having committed an offence.
 In this instance, the liberty of a suspect will be taken away through the act of Apprehension or arrest.
 Apprehension: This is when someone is taken into custody without a warrant
 Arrest: This is when someone is taken into custody without a warrant
 Trial: This is examination of investigation
 Derogations: These are exceptions’ to the rule especially to the enjoyment of rights and freedoms of the
person.
[i] ARREST WITHOUT WARRANT
 Suspects should only be arrested upon police officers producing a warrant of arrest unless
the accused was seen committing a cognizable offence
 Cognizable offence is an offence that can be seen as a crime, for example, unlawful assembly, burglary,
manslaughter.
 A person who is arrested without a warrant should be brought before a competent court within twenty-
four hours or as soon as reasonably practicable. If not tried before a reasonable time, he or she should be
released.
[ii]ARREST WITH A WARRANT
Crimes under which a person can be arrested with a warrant include:
 Allowing a prisoner of war to escape
 Common assault
 Corruption
 Defamation of Character
 Desertion of children by a parent
 Fraud
[iii] DETENTION FOR QUESTIONING
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 This means that the Police have no power to detain a person for questioning unless he or she is arrested
for a criminal offence and informed of the reasons for detention. .
 Relatives of the accused could secure his or her freedom through Habeas Corpus.
 Habeas Corpus is an order obtained from the courts requiring a person who is in detention to be
brought before a Judge or Courts.
[iv] COMPENSATION FOR FALSE IMPRISONMENT
 This implies that a person who is unlawfully arrested or detained can sue for compensation through the
courts of law.
 If it the police that falsely imprisoned him or her, one can sue the state through the Attorney General,
who is the governments Legal Adviser.
[v] INTERROGATION
 This is a situation when the Police ask the accused person some questions on a particular case on which
one is alleged to have committed.
 This implies that the police are not allowed to question a person who may be suspected of wrong doing
and such persons are under no obligation to answer.
 The police have no right to use force to draw out statements from suspects and torture of suspects is not
allowed under any circumstances.
[vi] JUDGES’ RULE
 This rule requires the police to inform the accused of his or her right to remain silent if they so wish as
any statement they make can be used as evidence against them during trial.
 The rule also provides that the accused be allowed to consult with lawyers or other legal practitioners
even when placed in custody.
[vii] THE LAW OF BAIL
 This means that a person arrested, detained or appearing before the court may, while in custody, or at
any stage of the proceeding apply for bail.
 Bail is a sum of money paid by a person accused of wrong doing as security that he or she will appear
before the court until the case is disposed
 Bail can be secured by providing two Sureties, who are persons that go before the court to swear that
they will make sure that the accused person does not run away and that he or she will appear in court
whenever he or she is required to do so.
 If the accused is a respectable member of society, he or she is not required to provide sureties and can
be admitted to bail in his or her cognizance.

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 Cognizance means being aware or having conscious knowledge on the implications of absconding from
justice.
[B] RIGHTS OF A SUSPECT AT THE TRIAL STAGE.
 There are three basic principles that guide the criminal procedure namely:
(i) The defendant is presumed innocent until the court proves him or her guilty.
(ii) The Burden of proof, which is the duty that lies on the prosecution to prove the criminal
allegation against the accused. It is based on the accepted rule “he who alleges must prove”
(iii) The standard of proof, which is the measure of the proof brought against the accused
beyond reasonable doubt. It is the weight of the evidence the prosecution must produce in order to
establish the alleged crime.
OTHER RIGHTS ARE:
[I] FAIR TRIAL AND AN IMPARTIAL JUDGE
 The constitution provides that any person charged with a criminal offence shall be afforded a fair
hearing within a reasonable time and an impartial and independent court.
 Principle of natural Justice states that:
(a) No one should be a judge in his or her case
(b) In a case, both sides must be heard
[II] RIGHT TO A SPEED AND PUBLIC TRIAL
 This means that an accused person detained in a police custody must be tried in a court of law within
fourteen days of his or her arrest.
 This is because the justice system operates on the principle that “Justice delayed is just denied” which
means not getting a speedy trial is as good as not getting justice.
 The long delay in disposing off cases is as a result of delays in receiving the fiat from the Director of
public Prosecutions (DPP).
 Fiat is a certificate of instructions from the Director of Public Prosecutions to commence Trial because
the delays in trials undermine the Rule of law as people lose confidence in the justice system
[III] THE RIGHT TO SILENCE
 This means that the accused has the right to remain silent by not taking the stand in the witness box and
giving evidence on oath.
 The accused may also decide to give unsworn statement from the dock which is the sitting place for the
accused persons in a criminal court proceeding.
[IV] PROTECTION AGAINST DOUBLE JEOPARDY

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 This means that an accused person cannot be tried again for an offence which he or she has been
acquitted. For example, a person acquitted of murder can not later be tried on a lesser charge of man
slaughter.
 The prosecution should decide right at the beginning whether to try the accused for murder or
manslaughter.
[V] PROTECTION AGAINST EX- POST FACTO LAW.
 This means that if a person commits a wrongful act which at the time does not constitute a crime, he or
she cannot be tried at a later stage when a wrongful act becomes a crime.
 It also means that a law creating a criminal offence cannot be backdated expressed in Latin as Ex Post
Facto Law.
[VI] THE RIGHT TO EXAMINE AND CROSS EXAMINE WITNESSES
 This means that the defendant has the right to question the witnesses presented by the prosecution and
examine his or her own witnesses.
 It is done by question and answer method.
[VII] THE RIGHT TO ATTORNEY
 This is a right which an accused person has to be represented by a lawyer if one is accused of offences
that are supposed to be tried in the appellant courts.
 This is because in both the Civil and Criminal trials in the Zambian Courts are based on the adversary
procedure.
[VIII]RIGHT TO DEFEND ONESELF
 This is a Constitutional requirement that the accused person should be given enough time to consult and
provide for his or her defense.
 In reality, this rarely happens as the accused is usually in custody and not given a chance to collect
evidence and as a result the defense merely reacts to the prosecution’s witnesses.
 There is no independent questioning of witnesses, visits to the scene of the crime, alibi which is proof
that the person accused of a crime was in another place from where the crime took place and that the
person could not have committed the crime.
[ 3] RIGHTS OF A CONVICTED PERSON AT POST TRIAL STAGE.
[I]RIGHT TO APPEAL
 This means that a convicted person has the right to appeal to higher courts if not satisfied with the
decision of the lower court.
 This is to make sure that any error that may have been made in the lower court can be corrected by an
appellant court and a convicted person is informed of his or her right to appeal at the end of trial.

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OTHER RIGHTS OF THE ACCUSED
The constitution of Zambia guarantees the following rights to the accused:
 The right not to be tried for a criminal offence for which one has been pardoned by the Head of State
 The right to have an interpreter if one does not understand the language being used during the
proceedings.
 The right to be given a copy of the record of the proceedings made by the court
within a reasonable time after judgment.
 The right not to be convicted of a criminal offence unless that offence is defined and the penalty written
in law.
PROCEDURES IN THE CRIMINAL JUSTICE PROCESS
 The procedures in the criminal justice process refers to the steps followed in a criminal procedure as
outlined in the criminal procedure code, which is also referred to as the C.P.C in legal terms.
[i]Arrest.
 This means when the accused person is taken into custody with or without a warrant.
 It implies that an accusedperson may be arrested with a warrant obtained from a court of law for
offences like poaching from restricted areas while cases like theft allows arrest without a warrant.
[ii]Plea .
 This is when the charge against the accused is read and if the accused admits the offence, then he or she
is said to have taken a plea of guilty but if he or she denies the charge, then a plea of denial is taken
which is also called a plea of not guilty.
[iii]Trial.
 This has the prosecution and defense parts to it. The prosecution case is when the prosecution calls their
witnesses known as Examination in chief, which is meant to build the case against the accused.
 On the other hand, the defense will then bring their own witnesses known as Defense witnesses whose
accounts will be the defense’s examination in chief.
[iv] Final submissions
 This refers to a situation when both the defense and prosecution addresses the Magistrate or the Judge
with their strong points.
[v]Judgment.
 This means when the magistrate or judge delivers the final ruling or verdict of the case against the
accused person.
[vi]Records of previous convictions.
 This is when the prosecutor reads to the court any previous convictions which the defendant can either
accept or reject (deny).
[vii]Mitigation.
 This is when the defendant gives reasons to the Judge that may make the punishment less severe
(leniency punishment).
[viii]Sentencing.
 This is when the magistrate or judge sentences the accused person, guided by the three principles of
sentencing which includes:
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 Retribution whichmeans punishing the offender especially in rape cases.
 Deterrent, which means punishment meant to prevent the offender or other would be offenders from
committing the same or similar crime.
 Reformation or Rehabilitation, which is punishment meant to reform the offender in order to return to
a decent life, mainly applied to Juvenile and first offenders.
TYPES OF SENTENCES.
[a] A Concurrent Sentence is one served at the same time as another sentence imposed earlier or at the same
proceeding.
[b] A Consecutive or Cumulative Sentence is one which a defendant has been convicted of several counts,
each one constituting a distinct offence or crime, or when a defendant has been convicted of several crimes at
the same time.
[c]A life Sentence is one in which the prisoner spends the remainder of their lives in prison.
[d]A Mandatory Sentence is one created by the state statute and represents the rendering of a punishment for
which a judge has no room for discretion.
[e] A Maximum Sentence is that represents the outer limit of a punishment, beyond which a convicted person
may not be held in custody.
[f] A Minimum Sentence is one that represents the minimum punishment or time a convicted person must
spend in prison before becoming eligible for release.
[g] A Suspended Sentence means withholding or postponing of pronouncing a sentence following a conviction
or postponing of the execution of a sentence after it has been pronounced.
PROCEDURES IN A CIVIL CASE
There are five types of courts in Zambia that conduct civil procedure namely:
[i]Local Courts
[ii] Magistrate or Subordinate Courts
[iii] High Courts
[iv] Industrial Relations Court
[v] Supreme Court
CIVIL PROCEDURE IN A LOCAL COURT
 The procedure is generally informal because the aim of the proceeding is to administer necessary
Justice.
 These courts have not adopted complex procedure because most of the people who use these courts are
not educated to understand complex court proceedings.
 Civil procedures in local courts start with Writ of Summons Obtained from the court Clerk by the
Plaintiff, a person or persons with a complaint.
 The court clerks fill in the particulars of the plaintiff and the defendant or the accused Person
 The summons is served to the defendant at his or her residential address and a copy is left with the
defendant.
CIVIL PROCEDURE IN SUBORDINATE COURTS.

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 In these courts, the parties involved are supposed to follow strict rules of procedure, which begins with
the serving of the Writ of Summons served on the defendant, who is expected to fill in the Enter of
Appearance.
 Enter of appearance is a form filled by the accused agreeing to appear in court at the appointed time
and date
CIVIL PROCEDURE IN A HIGH COURT
 The procedure is formal and the plaintiff must file in a statement of claim, which is not required in the
subordinate court. Statement of claim is a declaration stating the demand of the plaintiff from the
defendant.
 It is served together with a writ of summons and the defendant fills in the center of appearance together
with the defense.
 This is a response to the statement of claim and the Trial will then take place leading up to the final
submission and judgment.
 If the case of a claim is known, a warrant of distress will be served on the defendant to seal the
judgment.
 There are cases that come before the high court that are heard in chambers,[private] which is the office
of the judge.
Some of the cases that are classified as chamber matters include:
 Uncontested marriage divorce actions
 Application for an order of vacation in a property repossession
 Application for order of company dissolution also known as liquidation
 Application for maintenance in case of a divorced spouse and children
PROCEDURE IN THE INDUSTRIAL RELATIONS COURT
This court handles only industrial matters, which matters are pertaining to employee and employer relations.
CIVIL PROCEDURE IN SUPREME COURT
 The procedure is similar to that found in the high court except that the supreme
Court does not conduct trials because it hears appeals; hence, it is referred to as the Court of Appeal.
 The only case that can be tried in the Supreme Court is the Presidential Elections petition.
CAPITAL PUNISHMENT
 Capital Punishment is the Death Penalty which implies the taking away of someone’s life and a person
who is sentenced to death becomes a condemned person.
 They are called condemned because they pay for the crime they committed with their lives which is the
ultimate punishment that can be meted out on a human being.

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 It is referred to as Punishment beyond punishment
Some methods of execution include:
 Hanging: The neck is broken and death comes quickly unless the free- fall
Which is a distance calculated according to the weight and height of the condemned person, is not
accurate?
 Electric chair: this is the chair wired up with electrodes and a condemned person is strapped in with
electric cables around the ankles, arms and head. Then an amount of electrical voltage is run through his
or her body enough to kill him or her.
 Firing Squad: The prisoner is short through the heart by many shooters and death comes quickly.
 Lethal Injection: Lethal drugs are injected into the condemned person’s body who is strapped to a bed.
 Beheading/ Guillotine: This is when the head is cut off by a sharp metal which saws through the neck
of the prisoner.
 Stoning: The prisoner is pelted with rocks and big stones until they eventually die and death is slow and
painful.
 Crucifixion: This method was used in the killing of Jesus Christ. It was a method favoured by the
Romans and was abolished in the 4th Century.
 Being fed alive to wild animals
 Being ripped apart by horses running in opposite directions
 Being thrown from a peak of the mountain
 Being drowned. s
ARGUMENTS AGAINST CAPITAL PUNISHMENT
People who advocate for the abolition of the Death Penalty are called Abolitionists
 The death penalty promotes the acceptance of violence by society because the government which is
supposed to uphold the sanctity and dignity of life also commits a violent act against the person they
execute
 The death penalty is a violation of the united Nations Human Rights, Right to life, which is a
fundamental human right
 Despite the death penalty being there from time immemorial, it has not prevented other people from
committing Murder and other serious crimes that are punishable by death.
 It is irrevocable and the risk of executing an innocent person is always there. History has proved that
even the most sophisticated Legal systems in the world are not hundred percent perfect and studies have
shown that innocent people have been executed.

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 The death penalty is a symptom of a culture of violence, not a solution to it and that civilized society’s
task is to maintain a system of justice based on purely laws not emotions.
 The death penalty is an especially brutal and cold blooded form of killing because there is no passion or
heart, of the moment involved in the process.
 The death penalty may make terrorist martyrs in the eyes of their supporters
 Rather than the death penalty, society should begin looking into the motives of the killers and pressures
that it puts them through. For example, the reason that in most cases of murder, the murderer is related
to the victim.
ARGUMENTS FOR CAPITAL PUNISHMENT.
People who support the Death penalty are called defenders.
 Taking an offender’s life is a more severe punishment than a prison sentence
 The death penalty will prevent future would be offenders not to commit the crime and the executed
person on being removed from society, will not commit the same offence or similar offence again.
 Without the death penalty, there is no sufficient punishment to mete out to those serving a life sentence
in prison if they decided to kill another person while in prison.
 The death penalty has Biblical origins in Genesis 9:6 which reads: Who so sheds a man’s blood, by man
shall his blood be shed; man is made in the image of God.
 Punishment should fit the crime; therefore, it follows that if a person murders another person, they
should also be put to death.
 Society has a duty to kill in self-defense of its members and that the death penalty has healing effects on
the relatives of the offender’s victim as they get the peace of mind through death.
 It protects civilians and police from being indiscriminately murdered and it expresses society’s total
surrender of murder
 Revenge is a natural human emotion therefore; the law should be based on an eye for eye and tooth for
tooth.
 Balance of probability-

This means that when two parties talk about the same thing (incident) but are saying different things, then one
of them is not telling the truth. Balance of probability determines who is telling the truth.

LEGAL INSTITUTIONS AND THEIR FUNCTIONS

1. LEGISLATURE.
 This is one of the organs of the government that is charged with making of laws for the nation. It is the
highest law making body.

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 Laws are made through members of parliament who represent the people in constituencies.

 All the statutes, rule and regulations which are enforced by courts, police and the executive are made by
the legislature.

THE ZAMBIA POLICE SERVICE.


 This is the most important institution of the Zambian legal system. The police have the
task of maintaining law and order to preserve life, protect property and maintain public
peace.

 They arrest law breakers and prosecute them and work closely with the courts of law.

2. THE EXECUTIVE.
 -This is the legal institution that is charged with the responsibility of enforcement of
laws.

 It is a legal institution because the president heads it and has powers to make laws by
virtue of his prerogative powers. Prerogative powers are special powers and privileges
giventothe president.

 This organ makes laws through cabinet ministers who are members of the executive
through statutory instruments or delegated subsidiary legislative powers.

3. THE COURT SYSTEM.


 Courts deal with all areas to do with the law in the country and form the Judiciary.

 The Judiciary works with other legal institutions such as the police, Prison, office of the
Director of public prosecutions and the Legal profession.

TYPES OF COURTS IN ZAMBIA

(a) LOCAL COURTS- They are established by an act of parliament, the local Act cap 29 of
the laws of Zambia.
 There are two types of local courts, Grade A and Grade B. Grading is done by the
minister of Justice and are presided over by the presiding.
 Local courts only hear civil cases that occur in their geographical areas especially
those to do with African customary law.

(b) THE MAGISTRATEOR SUBORDINATE COURTS.

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-They are found everywhere in Zambia and where established under the subordinate courts
Act cap 23 of the laws of Zambia.

Class of subordinate courts ( order of seniority.)

Class III

class II

Class I

 Class I magistrates are further divided into Resident, principle and Senior
Magistrates. The principle magistrate is more senior of all.

 The prosecution and the defense are supposed to follow strict rules of procedure in
this court.

(c) THE HIGH COURT.


 They are found in all provincial capitals of Zambia and have original unlimited
powers (Jurisdictions).

 They can hear any case such as divorce, election petitions, Human rights application,
treason trials or proceeding of the Habeas corpus.

 This court is also known as the court of First Instance or appellate courts because
they hear appeal cases from the subordinate courts.

 These are courts which are usually presided by PUSINE JUDGES (junior judges)
who are appointed by the president after recommendation by the Judicial Service
Commission.

 Once appointed, they can only be removed by fellow Judges who set up a three man
tribunal.

 This is usually on grounds of gross indiscipline, mental disorder or Physical ill


health or failure to perform function. In this court it is advisable to be represented by
a lawyer.

 There is need to have a lawyer who is provided by the government in case where one
cannot afford to hire one. This is known as Legal Aid.

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(d) THE INDUSTRIAL RELATIONS COURTS.
-This is the court that handles only industrial matters which deal with employee and
employer relations.

- It is guided by employment Act cap 268 of the laws of Zambia and is on the same level
with the High court and appeals from it go to the Supreme Court.

-Lawyers are allowed to represent their clients.

(e) THE SUPREME COURT.


- It is the highest court of appeal in Zambia established by the Supreme Court Act and
Republican Constitution.

- It is headed by chief Justice who is assisted by other nine judges. It is not a trial court,
unless the case is a presidential election petition.

- It hears appeals on questions of law other than questions of facts. It sits mainly in Lusaka
but holds sessions in Kitwe, Ndola, and Kabwe.

-For convenience, it meets in Kabwe to hear appeals of condemned prisoners who are at
Mukobeko Maximum prison.

(f) THE LEGAL PROFESSION.


-This is a body of legal practitioners commonly called lawyers who receive training from
the University of Zambia or other Universities outside the country.

- Lawyers can only be allowed to practice when they have been admitted to the Bar after
passing the examinations. Examinations are set by Zambia Institute of Advanced Legal
Education (ZIALE).

- Being admitted to the bar simply means that a person is recognized and competent enough
to represent clients in courts of law.

- Where as in Britain, the legal profession is divided into two branches: Barristers who
appear in higher courts and solicitors who practice in lower courts.

- In Zambia, the two branches are fused into one and lawyers are called Advocates

ORGANISATIONS THAT PROMOTE JUSTICE

1. Legal Resources Foundation.

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- It was established in 1991 and became operational in 1993. It is a non -profit making organization that works
to promote Human rights through providing legal Advice and Litigation. It offers the following services:

 Free legal advice representation to those that consult consult them


 Legal assistance to those that are referred to them.
 Legal advice to all who seek it
2. NATIONAL LEGAL AID CLINIC FOR WOMEN.

- It was formed as a project under the women’s committee of the Law association of Zambia.

- It was established in 1990 to provide affordable Legal Aid to women and children from marginalized social
sector.

- It also offers counseling and legal education.

3. WOMEN IN LAW IN SOUTHERN AFRICA. (WILSA)

It was established in 1989 to improve the legal position of women in southern African Countries.

-The organization also provides legal advice and litigation to vulnerable people in society especially in Women.

4. CITIZENS ADVICE BUREAU (CAB) –LAW ASSOCIATION OF ZAMBIA.

It is a branch of the Law association of Zambia and it offers free advice and litigation on a Pro bono basis

- Pro bono is free advice that every lawyer who is a member of Law Association Zambia is obliged to offer as
part of the legal professional’s service to the community.

5. LEGAL AID CLINIC, SCHOOL OF LAW UNIVERSITY OF ZAMBIA.

The School of Law of the University of Zambia has its own Legal Aid Clinic which offers legal advice. Fourth
year law students, offers legal advice. Sessions are held in the afternoon when the University is in session.

6. YOUNG WOMEN CHRISTIAN ASSOCIATION (YWCA).

- It is non- profit making Christian organization dedicated to empowerment of women by making them knows
their rights, duties and responsibilities in society. It offers free legal advice on issues to do with inheritance,
property grabbing, maintenance, physical violence, mental abuse, Sexual abuse, child abuse and other legal
matters

7. ZAMBIA CIVIC EDUCATION ASSOCIATION (ZCEA). It is a non- profit making organization that was
established in 1993. It promotes and protects children’s rights through civic education and offers free legal
advice to vulnerable groups in society.
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8. CARITAS ZAMBIA runs legal advice Desks under its Justice Programs. It is found in all Catholic Dioceses
within the country and offers legal advice to vulnerable people.

9. WOMEN IN LAW AND DEVELOPMENT IN AFRICA (WILDAF)

It is a pan African non- governmental organization which tries to promote a culture for the exercise of and
respect for women’s rights in African countries. It offers legal advice to vulnerable members of Society.

HUMAN RIGHTS
 Human rights are entitlements that one has because he or she is a human being. Entitlements are claims
or freedoms
 Human rights are universal legal guarantees and freedoms that every human being has and must enjoy
simply by being a human
 They protect individuals or groups of people from actions that might interfere with or stop one from
enjoying them.
 They are claimed from the society in which people live.
o HISTORICAL DEVELOPMENT OF HUMAN RIGHTS.
 Human rights have always existed as they are inherent, universal and inalienable
 This means that human rights do not belong to any particular group of people, race or nationality.
 Some of the documents mentioning individual human rights in the past are:
o [i] The Magna Carta of 1215: The Magna Carta was the earliest document in the World in
which human rights were recognized.
o [ii] The Charter of Mande of 1222: The Charter of Mande was the earliest document to outline
individual human rights which were guaranteed by Soundiata Keita, King of the Empire of Mali,
also called Mande.
o It is also called the Oath of Mande and was proclaimed at his Coronation as an official document
containing principles upon which the empire should be ruled.
o [iii] The English Bill of Rights of 1689.
o [iv]The French Declaration on the Rights of Man and Citizens of 1791.
o [v] The US Constitution and Bill of Rights of 1791.
 However, all the above listed documents were not universal in nature because they often excluded
women, children, slaves and persons of certain social, religious, economic or political groups.
o THE UNITED NATIONS UNIVERSAL DECLARATION OF HUMAN RIGHTS-1948.
 This is a set of principles of which the United Nations members commit themselves to provide all
people of the world with human dignity.
 The documents set minimum standards of how individuals, institutions and governments should treat
people as well as a guarantee of freedom and justice for people throughout the world.
 It was adopted on 10th December, 1948 by member states of the United Nations (General Assembly)
which meant that how a government treated its own citizens was no longer a domestic issue, but one of
international concern.

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 However, the Universal Declaration of Human Rights is not legally binding because it is only a
declaration, which means a pronouncement which may be effected or not.
 It contains 30 articles to be given at the end of this chapter
CHARACTERISTICS OF HUMAN RIGHTS
[i] THEY ARE INALIENABLE (INSEPARABLE).
 This means that human rights cannot be taken away or separated or given away from a human being.
(Inseparable from the human beings).
[ii] THEY ARE INDIVISIBLE, INTERDEPENDENT OR INTERRELATED
 This means that human rights cannot be divided because all rights are equally important.
 It also means human rights are intrinsically connected and cannot be viewed in isolation each other
[iii] THEY ARE INHERENT.
 This means that human rights exist independently of the will of an individual or a group of persons.
 Human rights cannot be bought
[iv] THEY ARE UNIVERSAL.
 This means that human rights are the same and apply to all people of the world regardless of race, sex,
colour, ethnicity, religion, political, geographical, beliefs, nationality or social status
CATEGORIES OF HUMAN RIGHTS.
 International human rights have been categorized into:
[a]Civil and Political rights
[b] Economic, Social and Cultural rights.
[c]Collective rights
 At global level, human rights are classified into three categories according to their evolution or
development process, and the different categories are referred to as ‘generations’.
 These generations are not in order of importance but in the order in which they were recognized
historically in the development of human rights.
[A] CIVIL AND POLITICAL RIGHTS
 They are called First Generation Rights. These are first generation rights because they were the first
Rights to be recognized as rights of the individual.
 They are found in part iii the Zambian Constitution which includes:
- Right to life
- Right to personal liberty
- Protection of freedom of expression
- Freedom from torture and inhuman treatment
- Freedom of opinion
- Protection from slavery or forced labour
- Protection of freedom of conscience
- Protection of freedom of assembly and association
- Protection of the freedom of movement
- Protection from discrimination on grounds of race, age, sex, ethnicity, religion,etc
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
 Economic and Cultural rights are called “Second Generation Rights” This category consists of rights
that are economic, social and Cultural in Nature.
 Their realization brings about Social justice, dignity and equity.

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- Right to food
- Right to employment
- Right to social Security
- Right to education
- Right to health ( Medical Care)
- Right to clean environment
- Right to development
- Right to adequate housing

COLLECTIVE RIGHTS
 These are also known as ´Third Generation Rights’ and are the most recently identified rights.
 The term collective rights refer to the rights of Peoples’ to be protected from attacks on their group
identify and group interest.
 These rights are best described as solidarity rights because they require international cooperation and
aim at community- building;
- Right to self determination
- Right to economic and social Development
- Right to a healthy environment
- Right to Natural resources
- Right to peace
- Right to communicate
- Right to Participation in cultural Heritage
- Right to intergenerational equity and sustainability.

SIGNIFICANCE OF HUMAN RIGHTS.


 Human Rights focus on the dignity of the human being.
 Attitudes such the ones below must be developed by everyone in order to promote human rights:
 Respect for every one’s life, their physical and mental integrity, freedom, property, privacy
including one’s own.
 Respect for differences either in sex, ethnicity, language, colour, age, religion, cultural aspects,
opinion, and identity of others and one’s own.
 Taking up ones responsibility in society: Rights come with responsibilities and responsibilities start
with respecting other people’s rights.
 Respecting the fact that people have legally established claims and entitlements.
 Recognizing Accountability and responsibility in relationship between the individual, institution or
state that has a duty to fulfill the right.
 Rights- holders need to be empowered in order for them to claim their rights and take part in public
decision making.
 Participation is an important Human Right. People of both sexes and all ages have the right to
participate in every area of their lives.
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
 These are treaties and other texts that serve as legal sources for international human rights law and the
protection of human rights
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 They are classified into two categories
1. THE DECLARATIONS
 Documents stating agreed upon standards but which are not legally binding
 Are adopted bodies such as the United Nations General Assembly,
 Universal declaration of human rights (UN, 1948)
 Declaration on the rights of disabled persons (UN, 1975), etc
2. THE CONVENTIONS
 These are binding agreement between states, used synonymous with treaty and covenant. Conventions
are stronger than declarations because they are legally binding for governments that have signed them.
 The African Charter on Human and people’s Rights (June, 1981)
 The African Charter on Rights and Welfare of a Child (1990)
 Maputo Protocol (11th July, 2003)
INTERNATIONAL INSTITUTIONS THAT PROMOTE HUMAN RIGHTS
 The International Criminal Court (ICC)
 The International Court of Justice (ICJ)
 Amnesty International and many others
INSTITUTIONS THAT PROMOTE HUMAN RIGHTS AT NATIONAL LEVEL (ZAMBIA)
 The Zambia Permanent Human Rights Commission (ZPHC)
 Zambia civic education association
 The police
 The courts
 The anti-corruption commission
 Commission for investigation
 FODEP, CCPJ, YWCA, etc
SUMMARY OF A SIMPLIFIED VERSION OF THE UNIVERSAL DECLARATION OF HUMAN
RIGHTS.
Everyone:
 Is born in freedom, equality and dignity.
 Has the right not to be discriminated against on any basis.
 Has the right to life and to live in freedom and safety
 Has the right to liberty or freedom
 Has the right to security of person as no one should be tortured or suffer from cruel and inhuman
treatment.
 Has the right to equality before the law and equal protection.
 Has the right recognition before the law
 Has the right to effective remedy
 Has the right not to be subjected to arbitrary arrest or detention.
 Has the right to full and fair hearing before an impartial and independent tribunal
 Has the right to be presumed innocent until proven guilty
 Has the right to marry
 Has the right to asylum
 Has the right to freedom of movement
 Has the right to Nationality

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 Has the right to privacy.
 Has right to own property
 Has the right to freedom of thought, conscience and expression
 Has the right to freedom of opinion and expression
 Has the right to freedom of assembly and association
 Has the right to take part in government, access to public services and to vote.
 Has the right to social security.
 Has the right to work
 Has the right to rest and leisure
 Has the right to an adequate standard of living
 Has the eight to education
 Has the right to freely participate in the cultural life of the community
 Is entitled to a social and international order to realize the rights and freedoms
 Has duties to the community
 Must interpret this declaration in a way that cannot endanger any of the rights and freedoms of others.

GENDER AND DEVELOPMENT (GAD)


GENDER
 Gender refers to the socially acquired notions of masculinity and femininity by which men and women
are identified.
 Gender is a social discourse that sets expectations for people’s lives without necessarily forming their
identities or gaining their allegiance.
 Gender refers to social attributes that are learned when growing up as a member of a community.
 Gender is defined as socially, culturally constructed and varying roles that men and women play in their
daily lives.
EQUALITY
This is a principle that considers same rights and opportunity for both men and women.
GENDER EQUITY
It is the Process by which women and men are treated fairly in accordance to their respective needs in society.

GENDER EQUALITY
This is a concept states that all human beings that is, girls and boys, women and men are free to develop their
personal abilities without limitations set by society.
AFFIRMATIVE ACTION (positive discrimination.) It is a policy with special measures which are aimed at
creating a state of equity between females and males through the implementation of policies and programmes.

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GENDER GAP
This is a measure of inequality in any particular social-economic indicator and may be the difference in any
aspect of social- economic status of men and women.
GENDER DEFERENCE
It delineate those differences that exist between men and women
STEREOTYPE
It means that different behaviours and aspirations of all human beings are considered, valued and favoured
equally.
Stereotypes are over generalized beliefs about people based on their membership in one of many social
categories
Gender stereotypes vary on four dimensions, traits, role behavior, physical characteristics and occupation
GENDER ROLES
 Gender Roles are learnt behaviour in the given society. These are subscribed function activities which
are perceived as male or female.
 Are socially and culturally defined prescriptions and beliefs about the behavior and emotions of men and
women.
 They are influenced by culture political, economic, religious, age, class and racial factors. Gender roles
are dynamic; they change from time to time.
Gender roles:
 Business Enterprise, Water Resource Management, Farming, Gathering
 Tourism, Crafts work, Environment Management
Specific roles assigned by society:-
Men
 Bread winners and family defenders, Attending of social and political meetings.
 Cattle rearing, Bush clearing and felling trees
 Hunting, Key decision makers on farming activities.
Women
 health care providers, Food preparation
 Pottery making, Mat and basket weaving, Crop harvesting, Thatching grass harvesting.
SEX ROLES
Sex is the biological term which refers to the exclusive physiological deference between females and males.
Sex roles are therefore roles which females and males perform on the basis of their reproductive and biological
make up.

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Sex roles stereotype.
This is a belief that males and females by virtue of their sex perform certain roles. For example girls are less
intelligent than boys.
DEVELOPMENT
 Development means increasing human well-being.
 Development is the process of improving the quality of all human lives and capabilities by raising
people’s levels of living, self-esteem and freedom.
 Development is a process of improving the well-being of the people. It is about raising the standards of
living of the people, improving their education and health, and also opening out to them new and equal
opportunities for richer and more varied life.
RELATIONSHIP BETWEEN GENDER AND DEVELOPMENT
 Economic development depends on the quality of human resource that includes both men and women in
all economic, political and social activities of life.
 Development encompasses the peace and unity that exists between the people living in a society.
However, peace and unity can be maintained or achieved if men and women work together. If there is
cooperation between men and women, they can reach a consensus through deliberations and discussions
that involves both men and women.
 Gender is based on the premise that no one between men and women should be considered as a blank
slate or a guinea pig in making decisions of development. In turn, for development to exist there must be
inclusion of both men and women in decision making and leadership
 Gender is an important factor in the promotion and preservation of culture and cultural heritage that
enhance development
 Both men and women have to be aware of the factors that can harm the environment in which they live
thereby promoting sustainable developments. (GRZ
GENDER SOCIALISATION
Socialization
 Socialization is the process through which the child becomes an individual respecting his or her
environment laws norms and customs.
 This is a process through which females and males, girls and boys, women and men are assigned certain
roles and responsibilities based on the values of a particular society.
AGENTS OF SOCIALISATION
The family

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Socialization is initially carried out by parents and relatives living with the family. The social and cultural
attitudes tend to favor the boy child. Hence the male child receives available resources as well as parental
attention, health care and education. A girl child performs more house chores than a boy child and thereby
leaving her severely disadvantaged in terms of education opportunities. Similarly, Women are made to believe
that they inferior to men.
Decision making in the family
 Control of resources.
 Sexual relationship and use of contraceptives.
 Polygamous marriages.
The School
There are persistent sex differences in educational processes within the school. Female and male
learners are subjected to different socialisation in the school system. The formal education provided
tends to confine girls to dominant and house hold levels seen through the kind of subjects they take. For
example, most girls tend to avoid challenging subjects and take practical subjects.
RELIGIOUS INSTITUTIONS
They play an important role in socialisation process. All religion teaches that women should be submissive to
men and men should be recognised as leaders.
Peer group
People of the same age are quite influenced through socialisation process hence they copy certain behavioural
traits from each other.
The media
The media in Zambia is another agent of socialisation and had continued depicting the position of women as
being subordinate to men. Some of the songs played on radio and television describe the immoral behaviour of
women while others emphasises in their total submission to men.
GENDER ISSUES IN TRADITIONAL AND MODERN SOCIETY
Comparisons.
1. Both have general misconception that regards women as inferior to men.
2. Tribal warfare, Military force and male bravery and strength are usually attributed to men and
not women.
3. Land is predominantly owned by the men folk and the laws which govern the Zambian legal
system are sender biased.
4. Insufficient decision making power in a home is experienced by most married women who find
themselves in unfair situations.

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5. A tradition of male monopoly of control over female reproduction has to be own extent
continued even in the modern society. It is believed that the husband has a right to control
sexual relationship.
6. Family of a child less marriage where a wife is infertile, a husband may easily marry another
woman and not vice versa.
7. Women and their girl children spend more hours of work than their counter parts.
Contrasts.
1. Traditionally women are socialised to be passive and obedient while men are taught to be
aggressive and dominant.
2. To ensure gender equality men and women can now mix and participate together in all areas of
development. Traditionally the source of power in society was solely in the hands of men.
3. Women subordination in a marriage relationship due to Bride price implied that women had little
choice to abandon marriage. However grievances are now being addressed by the courts of law.
4. Traditionally, girls and women were expected to do the house work. Similarly at school. To
achieve gender balance, the trend has now changed.
5. To curb the HIV/AIDS and other STDs in society, issues of sexual relationships between girls
and boys are today freely being discussed at different levels.
INSTITUTIONS THAT ADVOCATE FOR GENDER EQUITY AND EUALITY.
Zambia National women’s Lobby group
ZNWLG - this group was formed in 1991 by women from Non-governmental Organisations and
Political parties concerned about discrimination that women differ and their poor representation in
government and other public offices.
It has offices in the following provincial centres:-
 Copperbelt (Kitwe), Eastern (chipata), Western (Mongu)
Objectives of the organisation.
 Promotion of equal participation and representation of woman and men in decision making.
 Cultivation and promotion of culture of gender equity and equality and respect for women’s rights.
 Under taking training and managing resource mobilisation programmes meant for capacity building.
Programmes taken by the organisation.
 Capacity building for female aspiring candidates for elections.
 Civic education relating to constitutional maters.
 Monitoring and observing elections.
 Conducting community debate on topical issues.

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 Information dissemination through publications.
Justice for widows and orphans project (JWOP)
It was established in 2001 under the support of the embassy of Finland.
Objectives.
 To disseminate information on the rights of widows and orphans.
 To highlight and punish cases of violation of human rights.
 To conduct sensitization programmes for community leaders and the general public.
Young women Christian Association. (YWCA)
The advocacy programme which falls under the women’s rights (WHR) programme establishment in 1993.
Aims
 Ensuring that women know their rights duties and responsibilities in society.
 Helping women realise their full potential as human beings and the contribute to the community.
Zambia Association for research and development. (ZARD)
 ZARD was formed in 1984.
Aims
 To uplift the status and position of women through action oriented participatory and gender sensitive
research.
 To undertakes research activities that aimed promote gender balance in society.
Zambia Association for disabled women (1992).
Aim
 To develop programmes for empowering disabled women so as to influence long established
association towards an improved focus on the special problems of disabled women.
Zambia alliance of women- (ZAW)
ZAW was formed in 1978 but formally registered in 1982.
Aims
 Advocacy for women’s rights as human rights gender sensitization and popularizing CEDAW.
 Promotion and enhancement of women’s rights and inheritance, women and education and women
and development in general.
 Advocacy for good governance and promotion of peace.
 Eradication of poverty through food security.
 Research and documentation in social economic programmes and in health and education matters.
Achievements.

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 Spear headed the SADC Regional Rural Industrial study to promote industries, such as basketry,
baking and fish processing.
 Promote house hold food security through crop diversification projects at village level.
 Develop agro forestry programmes.
 Rendered support to mainly rural self help pre-schools and heal centres.
Victim support unit (VSU) (Zambia Police)
The VSU was formed in 1994 and started operating in 1997.
Aims
 Preservation of life
 Protection of property
 Prevention of crime and
 Maintenance of peace in society.

CIVIL SOCIETY AND THE MEDIA IN GOVERNANCE.

WHAT IS A CIVIL SOCIETY?

 This refers to those non- military, non-governmental organizations and individuals who make it their
business to promote and defend the basic ideals of good governance.
 It can also refer to organizations and social relationships outside of the control of government.
 It includes every nonmilitary individual outside the government.

CHARACTERISTICS OF CIVIL SOCIETY.


 It is not guided by a regulatory frame.
 Not profit making
 Draws support from well- wishers such as donors and other institutions
 Shapes own nature of needs and interests
 Works within specific environment which determines its operation and maneuvers [tactics]
 Draws membership from formal and informal organizations and associations.
CLASSIFICATION OF CIVIL SOCIETY IN ZAMBIA.
The following are examples of Civil Society Organizations are:
INTERNATIONAL ORGANIZATIONS
 Inter African Network for Human Rights and Development (AFRONET)
 The Media Institute of Sothern Africa (MISA)
 Transparent International Zambia (TIZ)
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 Women In Law and Development in Africa (WILDAF)
 Women In law In Southern Africa (WILSA)
These organizations are referred to as a chapter.
A chapter is a branch of an international Civil Society Organization.

PRESSURE GROUPS
These are organizations formed to influence government policy and decisions on a particular subject. They are
also known as Interest groups
 Citizens Forum
 Oasis Forum
 The Committee for Clean Campaign[CCC]
 The Zambia Consumer Association [ZCA]
CIVIC ORGANIZATIONS
Are concerned with issues of Civic Education, Human Rights and Good Governance
 Anti- Voter Apathy Programme (AVAP)
 Foundation for Democratic Process (FODEP)
 Non-Governmental Organizations coordinating Committee (NGOCC)
 Operation young vote (OYV)
 The National Movement against corruption (NAMAAC)
 Zambia Civic Education Organization (ZCEA)
WOMEN’S GROUPS
These are concerned with promoting and protecting women’s rights
 Forum for Women Educationalists of Zambia (FAWEZA)
 National Women’s Lobby Group. (NWLG)
 Women For Change[WC]
 Women in Development
 Young Men’s Christian Association (YMCA)
 Young Women Christian Association (YWCA)
 Zambia Alliance of Women (ZAW)
PROFESSIONAL ASSOCIATIONS
These are formed by people in particular professions to promote and protect their interests
 Press Association of Zambia (PAZA)
 The Law Association of Zambia (LAZ)

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 Women in Law and Development in Africa (WILDAF)
 Zambia Independent Media Association (ZIMA)

INDUSTRIAL ORGANIZATIONS
These are primarily formed by people in the same industry to safe guard interests
 Labour Movement (Trade Union)
 Zambia Association of Manufacturers (ZAM)
 Zambia Chamber of Commerce and Industry (ZAAC)
 Zambia Cross Boarder Traders Association (ZCBBTA)
 Zambia Federation for Women In Business (ZFWB)
 Zambia National Farmers Union (ZNFU)
RELIGIOUS ORGANIZATIONS
 Caritas Zambia, formerly the Catholic Commission for Peace, Justice and Development
 Council of Churches in Zambia (CCZ)
 Islamic Association Of Zambia (IAZ)
 Young Men Christian Association (YMCA)
 Young Men Christian Association (YWCA)
 Zambia Evangelical Fellowship (ZEF)
ROLES OF THE CIVIL SOCIETY
 Act as agents of democratic change or example by advocating for constitutional reform, gender equality
and free and fair elections.
 Act as channels through which individuals can participate both in government and community decision
making process
 Act as Link between the community and the government. Civil societies often transmit public opinion
on various issues to the government.
 Carry out Civic education activities to promote public awareness on issues affecting society such as
HIV/AIDS, Human Rights abuses and poverty
 Debate bills and influence amendments or decisions of the legislature.
 Defend and promote Human Rights and rule of law: Rule of law means everyone must act in
accordance with the law.
 Defend the ideals of Democracy by checking the growth of undemocratic tendencies in the policies of
government.
 Ensure that the government and other people in authority are accountable to the public

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 Influence Public opinion: Civil society organizations use strategy of advocacy to influence public
opinion in favour of specific objectives.
 Publicize and articulate the Demands of their members. For instance the National women’s Lobby group
demands for a minimum of 30% female representation in parliament and all other leadership and
managerial positions.

REQUIREMENT FOR THE ESTABLISHMENT OF A CIVIL SOCIETY


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

CITIZEN PARTICIPATION IN GOVERNANCE


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

FORMS OF CITIZEN PARTICIPATION


[i] POLITICAL ACTIVITIE
 Attending a political party meeting
 Casting a vote in an election
 Contacting a counsellor or a Member of Parliament to raise an issues
 Joining and campaigning for political a party of one’s choice
 Standing for a political office in an election
 Writing newspaper articles to comment on government policies.
[ii] CIVIL SOCIETY ORGANIZATIONS
 Attending seminars
 Joining a civil Society organization
 Reading posters and brochures
 Taking part in legal demonstration

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COMMUNITY ACTIVITIES
 Attending a community meeting to discuss community affairs
 Attending a Parents Teachers Association[PTA] meeting at a local school
 Maudling bricks for a community school
 Signing a petition with other people to express dissatisfaction with a decision made by a local council or
a school administration

WOMEN PARTICIPATION IN GOVERNANCE


Women have been excluded from effective participation in governance, political and Leadership making since
independence. Although there has been a modest increase since 1992, the percentage of women
parliamentarians in Zambia still falls below 30% which is the minimum recommended by SADC and National
Women’s Lobby Group
OBSTACLES OF FEMALE PARTICIPATION IN GOVERNANCE
Cultural Aspects:
 The cultural set up in Zambian society encourages women to be subordinate and submissive to men.
Hence most people believe that women cannot make good leaders.
Male Economic Dominance:
Election campaigns are usually dominated by male candidates campaigning against females who are
usually unable to raise enough money for the campaign.
Lack of Solidarity among women:
 Female voters tend not to support female candidates. There is usually a rift between highly educated and
less educated women.
 women also tend to have little confidence in their fellow women
Political discrimination:
Political party committees responsible for adopting aspiring candidates are male dominated and tend to
discriminate against women
NEED FOR CITIZEN PARTICIPATION
Citizen participation is a key factor in democracy.
LACK OF CITIZEN PARTCIPATION
 Citizens may remain ignorant of government policies and intentions.
 Government leaders may not be held accountable
 Government leaders would be elected by a minority of citizens who are politically active to govern over
the inactive majority.

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 Poor government policies may go unchecked
 Selfish leaders may find it easy to corrupt the few politically active citizens and win elections.
THE MEDIA
The Media comes from the word medium meaning go between.
Mass Media refers to technical devices that make it possible to disseminate information to a large number of
people
TYPES OF NEWS MEDIA
Print Media
 It is the type of media that relies on printed paper to disseminate information. It is also referred to as
Press. Print media consist of periodical literature and daily newspapers.
 It also includes Notice boards, posters and brochures.
Example of Print Media
 Challenge Magazine
 Monitor
 Post Newspaper
 Speak out Magazine
 Sunday times of Zambia
 Times of Zambia
 Zambia Daily Mail
Electronic Media.
It is a type of media that uses electric methods to disseminate information.
Examples:
 Internet
 Radio Christian Voice
 Radio Mano
 Radio Phoenix
 Zambia National Broadcasting Cooperation
The Media can also be classified according to ownership.
 Public Media: is to a large extent owned and controlled by the state
 Private Media: is owned by private companies and institutions such as the church
NEWS AGENCIES
 These are media institutions which collect and supply information to media institutions.
Examples:

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 Reuters
 Zambia New Agency
 Zambia News and information service
THE ROLE OF THE MEDIA IN GOOD GOVERNANCE
To inform and educate:
 Citizens cannot fully participate in governance unless they are well informed. Hence, the media is there
to inform and educate as well as forming public opinion.
To act as watch dog:
 It plays the role of the watch dog and jealous guardian of the rights of citizens by holding public
officials accountable for their actions.
 The media should not only publicize the activities of the ruling party but it should also investigate and
expose the malpractices of the government and other public officials
To promote public Debate.
 The Media provides a forum for expression of views and opinions of both the government and the
people on matters of public interest.
To set the Agenda:
 The Media decides on behalf of the public what is news and what is not
SHORTCOMINGS OR LIMITATIONS OF THE MEDIA
Ownership and control:
 Those who own and control the media tend to use them to serve their own interest to the exclusion of
opposing views
Accessibility:
 Public access to the media is restricted by various factors and the discriminatory policies of some of the
media organizations which deliberately deny publicity to people holding views contrary to their own.
People with disabilities
 The media does not fully cater for the blind and deaf as there is no news in braille.
Cost of advertising
 It is very costly to advertise in the media the majority of people are poor and cannot afford to market
their products.
FREEDOM OF THE MEDIA
This is essential for the media institutions to serve the public without interference from any quota.
Freedom of the media entails:
Freedom of ownership

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 It means that every citizen is free to start or own a media institution such as a newspaper, magazine or
broadcasting station.
Freedom of access and publication.
 It means that media practitioners are free to gather and publish or broadcast information
Right of the public to be informed.
 It means that the public enjoy the right to receive fair, full and objective information.
Protection of media practitioners from undue restrictions.
 Favorable laws are enacted to protect media practitioners for undue restrictions such as prohibitive
licensing requirements, discriminatory taxation and censorship regulations.
Professional and responsible journalism.
 It means that freedom of the media demands for professional and responsible journalism.

THE CULTURE OF PEACE


PEACE
Peace is the absence of war. But in reality Peace means more than the absence of war. It also means the
presence of justice.
Sub-division of Peace.
Negative Peace refers to the absence of direct physical violence,
Positive Peace refers to the presence of conditions of well-being and just relationships insofar as the social,
economic, political and ecological welfare is concerned.
Methods of promoting peace
Peace is very central and important to human affairs and development. Without peace, development suffers.
1. Intermarriages – among different ethnic groupings, intermarriages are a good method of
promoting peace.
2. Friendship- making friends with people secures peace and there are different degrees which could
create among people of different locations and origins.
3. Reciprocity: This is where two or more people exchange gifts or favours in a mutual manner
4. Mutual Aid: This type of creating peace people involves exchanging help, assistance or aid in the
time or problems.
5. Forgiveness: When somebody has committed an offence and people become kind enough to forgive
such a person, peace can be generated.
6. Tolerance: This refers to a way of living and accepting different or opposing viewpoints. This
expresses peace in the sense that people express different or opposing viewpoints.
7. Respect: This involves respecting other peoples cultures, opinions, ideas, beliefs, languages and
human in general.

Challenges to peace.
 People’s belief that war and violence are organic meaning that war and violence are inevitable and
unavoidable features of human society.

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 Peace and Justice are sometimes viewed as contradictions in practical terms. If one believes that the only
way to prevent injustice and create justice is by force, then such a person believes that justice requires
hostilities and war.
 People’s desire to have power and to be at an advantage in relation to others. Such a situation often leads
to competition which may result in violence and war.
Examples of peaceful Countries and Communities
 Amish (1693 to present)
 Sweden (1814 to Present)
 Switzerland (1848 to present)
 Costa Rica (1949 to present)
 Zambia (1964 to present)
Conflict.
Conflict is the quarrel, misunderstanding, struggle or fight between two individuals, communities, societies or
countries. Conflicts may be physical which means it leads to bodily harm and Conflict may also be
psychological.
Violence
 Is the presence war, torture, poverty, discrimination, and ecological violence (social, political, economic
and psychological violence). Violence can either be direct or indirect.
 It is an extreme destructive force wilfully exerted against someone, is always negative and begins in our
hearts.
 A conflict shows itself through anger, hurt, frustration, disappointment, quarrel, physical fight or verbal
fight using abusive language.
 Conflict can occur at individual level, family level, and community level, regional, national and
international level.
Causes of conflicts.
 History
Research has revealed that historical reasons have contributed to emergence of conflicts in Africa. For
example: the conflict between Christians and Moslems in most parts of Africa has something to do with long
standing animosities and mistrust.
 Ethnicity
Deep negative feelings against a group of people that do not belong to your own ethnic group can bring a
conflict between two ethnic groups. For example:-
 In Nigeria, 1967 – 1970, Biafra a province dominated by Ibo ethnic group
temporary broke away from the country. They accused the federal government of discriminating
against the Ibo people.
 Accused the Federal government of discriminating against the Ibo people.
 Katanga Shaba Province /region temporarily broke off the Congo (DRC). Just after
independence in 1960.
 Imbalance of Natural Resources.
The increased population put too much pressure on land and Natural Resources. People fight over Natural
Resources such as mineral. Burundi and Rwanda.
 Immigration
Massive foreign immigration increases resentments by the host people. Examples are found in Central and
Western Cote Devoir (Ivory Cost) where an influx of immigrants has created serious xenophobic conflicts.

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Xenophobia- Refers to an intense fear or dislike of foreign people, their customs and culture.
 Economic and Export Resources.
The states fight over a piece of land that is suspected to have (or has confirmed) rich deposits of minerals. For
example;
 Chad - Libya conflict over the Aouzou Strip in 1973 – 1994.
 Cameroon – Nigeria conflict over the Bakassi Island until 2004.
 Mali – Burkina Faso conflict in 1986 and
 Ethiopia – Eritrea conflict in 2001.
 Mismanagement of Economic Resources.
Countries where there is poor governance, corruption and wide spread poverty conflicts are likely to arise.
 Refugees.
Large numbers of refuges increase pressure on the local resources in the host countries communities.
Sometimes, the refuges use these areas as spring boards for attacking their government forces.
 Poverty, Illiteracy and unemployment.
In third World Countries, inequality in accessing goods and services lead into conflicts in urban areas.
Unemployed poor peopled also known as Lumpen Proletariat commonly called Kaponyas. They are easy
targets for war recruits and political extremists.
 Injustices.
Wherever there is injustice peace will never prevail because injustice manifests itself in many ways. Is usually
the source of anger, frustration, and resentment to the existing government?
 Conflict about Information
In many instances, the parties in conflict do not have sufficient, or even the same information about a situation.
 Conflict over Resources
Disputes about material resources such as land, money or objects are normally obvious to identify and often
lend themselves well to straight forward bargaining.
 Conflicts over Relationships
People in the family relationships business partnerships or community organizations commonly have
disagreements over a variety of specific issues.
1. Conflicts over interests or needs
Important and powerful needs for such things as identify, respect, participation, ability to influence others and
success are often at the heart conflicts that appear to be a contest over material things.
3. Conflicts about structures
Structures created people such as political or religious structures, usually determine who has access to power or
resources who is accorded respect and who has authority to make decisions.
4. Conflicts involving values
Values and beliefs are sometimes formed by life experiences and faith perspectives. Because a challenge to a
person’s value is seen as a threat to one’s identity
NEGATIVE IMPACTS OF CONFLICTS IN AFRICA
 Innocent people are killed especially children, women and the disabled. Women are also sexually
harassed.
 People are forced to run away from their homes to take refuge in areas where there is no war.
 The economy of a country in conflict is negatively affected. Agriculture and trade decline.
 Damages to the infrastructure; bridges, buildings, airports and railway lines are destroyed.
 Conflicts lead to environmental degradation. Environment degradation is making the environment less
fit for human, animal and plant life.
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 Public expenditure is predominantly for military effort. Such expenditure normally increases the
National debt as a country borrows for the war effort.
 Conflict weakens governance institutions, as has been the case in Somali. As a result, crime rises as
there is no strong governance institution.
 Provision of health and educational services is disrupted as people are afraid to report for work.
 Emergence of child soldiers who are forcefully recruited into armed militias.
 The in-flow of refugees creates burdens and grievances in neighboring countries and possibilities of spill
over conflicts become high.
 Crime levels escalate as people easily acquire small arms and light weapons.

POSITIVE IMPACTS (ECONOMIC AND POLITICAL GAINS)


 When a group captures the territory of the enemy, the resources are plundered by the group that has
captured it. For example the UNITA group in Angola, RUF in Sierra Leon.

 Companies producing arms (guns) ammunitions, uniform, boots, food, military hard ware like tanks and
planes gain economically.
 When one group is defeated, such a defeat leads to territorial expansion by the victors in the conflict.
 Those who work hard to bring peace in the regions of conflicts also benefit from the conflicts for
example: the International Community provided much funds to bring about peace in DRC.
 Conflicts that involve more groups or nations alliances are formed in order to defeat the other. Such
alliances create political unity.
CONFLICT RESOLUTION
Conflict Resolution is the settlement or avoidance of disputes between individuals or groups through solutions
that avoid violence and attempt to re-unite the people.
Methods of resolving conflict
1. Counselling
This method is used normally in individual situations. The counsellor is someone trusted by both parties.
2. Negotiation.
This is a process conducted by a reliable and skilled negotiation directly between the disputing parties.
3. Mediation.
This is a method of conflict handling by a neutral third party acceptable to the dispute parties or groups to arrive
at an acceptable solution generated by the parties or groups themselves. Lunda-Luvale in Zambia.
4. Arbitration.
This is a conflict handling skill undertaken by an arbitrator who is appointed by the disputing parties or groups
to resolve their differences.
5. Litigation
This is a method that allows the parties concerned to proceed to the public courts of law. Sometimes disputes of
conflicts between countries are taken to the international court of justice to be resolved
Creating a culture of peace
Peace is what should prevail in any country. But peace can only be in our hearts if we respect other human
beings.
 We should control our anger, the hurt we have for other people and control the resentment that we
harbour in our hearts for other people

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 Promotion of good governance is another important step towards the creation of a culture of peace in our
country.
 Promote positive social and economic development for the benefit of all citizens.

ROLES OF THE UNITED NATION IN PROMOTING PEACE


 Sending peace keeping troops to countries were their conflicts.
 Apply sanctions on any country threatening peace.
 Encouraging dialogue among countries which are in conflict through mediation.
 Use minimum force if necessary on countries which threaten world peace in order to maintain peaceful
co-existence of states.

CULTURE
 Culture refers to the whole way of life of a group of people.
 It is also the sum total of behavior which people have learned over a period of time and defines ways by
which people do things.
 Culture is the patterns of learned and shared behavior and beliefs of a particular social, ethnic, or age
group.
 It can also be described as the complex whole of collective human beliefs with a structured stage of
civilization that can be specific to a nation or time period. Humans in turn use culture to adapt and
transform the world they live in.
COMPONENTS OF CULTURE
1. Language
 Language is the most obvious difference between cultures. It defines a cultural group even though the
same language may be used in different countries.
 Language includes unspoken language such as gestures, which mean different things in different
languages
2. Religion
 Religion is a major cultural component and religious taboos, customs, holidays and rituals dictate the
behavior of a given society.
 For example, Hindus do not drink beverages and can only eat meat slaughtered in a certain way called
“Halal” because of religion
3. Values and attitudes
 These are a society’s belief system as well as a society’s heart and they are the least likely to change.
 They change very slowly and a society’s belief system guides its attitude to what is considered right
and wrong and it is the basis of a society’s way of life.

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 Most belief systems are based on society’s central religion
4. Education
 Education is an important part of culture since cultured is learned behavior.
 There are three types of learning that takes place in society. The first type is informal learning in
which a child learn by imitating the behavior of its family members, friends or in homes where
there is a T.V the characters portrayed in the films.
 The other type is formal learning in which adults and older siblings teach young family member
how to behave in certain situations.
 The third type of learning is technical learning in which teachers instruct the child in an educational
environment about what should be done, how to it should be done and why it should be done.
5. Social organization:
 This is the way a society organizes itself. It relates to how a society defines relationships, social
institutions such as marriages and status system such as the role of women and children
6. Technological and Material culture:
 These refers to society‘s ability to create, design, and use things. Technology and material culture
relates to the way society organizes its economic activities.
7. Law and Politics:
 These are rules and structures that regulate the behavior of society. The legal rules attract
punishment when contravened.
 The laws protect members of society to live in peace, free from fear and inhuman treatment
8. Aesthetics
 The society’s perception of what is considered beautiful in art and in persons. It dictates what is
acceptable or appealing in that culture
CHARACTERISTICS OF CULTURE
Culture is dynamic:
 This means that culture is not constant as it is always evolving and changing. Change in technology
is easily accepted rather than change in the value system of society.
 For example, the use of cell phones has been accepted as part of Zambian way of life and yet these
were not there until the mid-1990s.
a) Culture is learnt:
 It is passed on from generation to generation. It is taught to an individual by society in which the
individual is born in.
 The way to speak, what to eat, how to heat, how to relate to others, what to believe in is taught.

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b) Culture is cumulative:
 Every human generation can discover new things and invent better technologies which become part of
culture.
 The new cultural skills and knowledge are added onto what is learned in previous generations.
c) Cultural is comprehensive:
 It is the sum total of a society’s way of life, therefore it is comprehensive as it requires various
aspects which gives meaning to life.
d) Culture is shared :
 The members of a culture share a set of ‘ideals, values, and standards of behavior” and this set of
shared ideals is what gives meaning to their lives, and what bonds them together as a culture
e) Culture is based on symbols.
 In order for a culture to be transmitted successfully from one generation to the next, a system of
symbols is created and translates the ideals of the Culture to its members.
 This is accomplished through language, art, religion, and money.
f) Culture is integrated:
 This means that culture must be integrated in order for it to be transmitted successfully from one
person to another.
g) People are not usually aware of their culture until they come into contact with other culture:
 This means that people are unaware of their culture because they are so close to it to know it so
well.
h) People do not know all their culture:
 No one knows everything about his or her own culture.
i) Culture gives a society a range of permissible behavior patterns.
 Culture commonly allows a range of ways in which men can be men and women can be women.
 Culture also tells people of how different activities should be conducted such as how one should act
as a husband , wife parent etc

j) Cultures no longer exists in isolation:


 Even small out of the way ethnic societies are now being integrated to some extent into the global
economy.
THE IMPORTANCE OF CULTURE
 Culture contributes to re enforcing of one’s identity and the ability to critically reflect on that identity.
 Cultural heritage is understood to mean archives, pieces of art, and places of worshipped monuments.

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 No development without culture. If culture is interpreted as a whole of beliefs, habits and customs of a
society, hence, culture is the foundation that supports every development.
 The status of culture has evolved dramatically since the adoption of Article 27 of the Universal
declaration of Human Rights which affirmed, for the first time.
 All around the world, the intrinsic virtues and the impact of culture on an individual and community
development are being questioned, studied, measured and hopefully, rediscovered.
TYPES OF CULTURE
1. MASS CULTURE.
 This is the culture produced from machines and consumed on a large scale, for example, recording
industry, television, or video cassettes.
 It is spread through electronic media and other high technology.
2. POPULAR CULTURE
 This is the culture which is a product of changing needs and innovations in people’s life styles.
 It is usually on high demand especially from the youth who have new music, fashion other products
in the field of entertainment.
3. FOLK CULTURE
 It is also referred to as residual culture that is, remains of the past. An example of folk culture was
the program of folk music which the Zambian National Broadcasting Corporation [ZNBC] played
some time back
4. IDEAL CULTURE:
 It refers to some kind of dreams and aspirations of where a given people would wish to be.
 Every society views itself views itself in a positive way and has the highest virtues and standards by
which it appears to be.
5. REAL CULTURE
 This refers to the actual behavior of people in society such as sleeping at a funeral house until the
day of burial.
6. SUB CULTURE PEOPLE
 A sub culture is a way of life or behaving which a small group of people belonging to the same
culture may portray.
 It may arise because of different occupations in society which results in differences in power and
prestige
7. COUNTER CULTURE

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 This represents behavioral patterns, activities or styles of life portrayed by a group of individuals
who are generally opposed to the generally accepted standard of behavior.
 Such individuals may refuse to submit to the ways that things are expected to be done and they may
develop their own life styles.
8. CULTURAL HETEROGENEITY
 This refers to a society that contains a variety of groups of different races, beliefs, religions and
nationalities.
 The republic of South Africa is a good example. Cultural heterogeneity promotes cultural pluralism,
which recognizes and respects the contributions of various cultures to the whole society.
9. CULTURAL HOMOGENIETY
 This refers to a common culture of people of a similar race, beliefs, religion and nationality. For
example, North African countries such as Tunisia, Egypt, Libya etc. that have more than 90% of the
people of the same race, share the same religion and nationality maybe classified as homogenous.
ZAMBIA’S SOCIETAL CORE VALUES
 Every cultural group has core values which provide a standard measurement by which it is regarded.
 The word core means Centre and value means the quality of being useful. Core values are shared
values which are cherished in any society.
ZAMBIA’S CORE SOCIETAL VALUES
1. OBEDIENCE TO AUTHORITY
 Authority is power invested in a group or an individual who is responsible for other people or
manage institutions.
 Persons with authority include civic, political, school, church, police, family and peer group leaders.
2. TOLERANCE
 It is the quality of allowing opinions, beliefs, customs and behavior of other people to also prevail
even when one is not in agreement with them.
3. MUTUAL RESPECT
 This is the value of treating each other with consideration. Mutual respect also works on the idea that
if one does not respect other people, that person will not be respected.
4. RESPECT FOR PRIVACY
 Every person requires time to be on his or her own, away from others. Privacy also has to do with
keeping private, the information a person does not want to reveal.
5. HONESTY

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 Honesty is the quality of telling the truth, not cheating and not stealing. It is a quality of being
trustworthy and straightforward.
6. FREEDOM OF EXPRESSION
 It is the right of a person to be heard as long as what they are saying is within the law.
7. INTEGRITY
 This is the quality of being honest and morally upright. It goes beyond just being honest as it
includes all qualities of goodness.
8. COMMITMENT TO THE DEMOCRATIC RESOLUTIONS OF DISPUTES
 It is the recognition that sorting out tension, disputes and differences is best done through dialogue
and the acceptance of the majority’s view.
 It is a commitment to peaceful resolutions of any form of conflict.
9. RESPONSIBILITY
 Responsibility means doing what one is expected to do without being told, supervised or forced.
10. SOCIAL JUSTICE
 This is treating everyone in the community fairly.
11. COOPERATION
 It is the working together for the common good of everyone in the community.
12. LOVE
 Love is the quality of goodwill towards every person. It is a warm kind of feeling and fondness to
other human beings.
13. PEACE
 This is freedom from stress and physical threat to ones’ wellbeing including war, captivity and
confinement.
14. LOYALTY
 Loyalty is the faithfulness and truthfulness to people, groups or organizations that one is a member
of.
15. TRUST
 Is the confidence, belief in the goodness, strength and reliability of oneself and others
16. ATTAINMENT OF SET GOALS
 This is personal undertaking in whatever one is undertaking.
17. HARD WORK
 This is the ability to accomplish difficult tasks as opposed to idleness.
18. NATIONALISM

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 This is a feeling of oneness by a group of people with the same origin and culture.
19. PATRIOTISM
 This is loving one’s country and willing to sacrifice for its well-being.
20. SCIENTIFIC ADVANCEMENT
This is a belief in science and technology as tools to make progress and improving in one’s social and
income problems.
CULTURAL PRACTICES IN ZAMBIA
1. Respect for Elders
 This is a belief that anyone elder than oneself should be accorded respect in speech and treatment
regardless of status, race or blood relationship.
 Elderly people are referred to as father or mother or grandmother of grandfather.
2. Extended Family System
 This is the family system that not embraces the nuclear family but also uncles, cousins, aunties, in
laws, nephews and nieces.
 In Zambia, the term ‘Mother’ is extended to one’s ‘mothers’ sisters and ‘father’ to one’s ‘father’s
brothers
3. Rites of Passage
 These are rituals that one undergoes to mark important changes in a person’s position in society.
 These rites of passage include such rituals such as naming of a new born, initiation, marriage, and
death and after death ceremonies.eg Isambo Lyamfwa is a ceremony performed after death.
4. Traditional Ceremonies
 Many traditional ceremonies are held to commemorate past events. Other functions of traditional
ceremonies include;
 Expressing, reflecting and reinforcing cultural relationships and values.
 Observing certain rituals
 Connection to the ancestors
 Assertion of local traditional leadership.
 Reconciling inter group conflicts.
 Celebrating past war victories.
 Harvest ceremonies.
 Religious festivals.
 Ceremonies which move the rhythm of nature such as rising of new moon, flooding cycles such as
Kuomboka Ceremony.

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Common Public Ceremonies in Zambia include the following;
 Kuomboka Ceremony of the Lozi people.
 Umutomboko Ceremony of the Lunda people of Luapula.
 Ukusefya pa Ng’wena ceremony of the Bemba people
 Kulamba ceremony of the Nsenga people.
 Shimunenga ceremony of the Ila people.
 Nc’wala ceremony of the Ngoni people.
 LikumbiLya Mize ceremony of the Luvale people.
 Malaila ceremony of the Kunda people.
 KulambaKubwalo ceremony of the Lenje people
5. Traditional Attires
 Some Zambian cultures display unique style of dressing. These include the Lozi, men wear a Siziba
(Kilt) while women wear a Musisi.
 The Chewa’sNyau dancers also exhibit different attire from the LuvaleLikishi dancers.
6. The Arts
 Art is expressed in dance, music, paintings, folklore, crafts, etc. Zambians have songs and dances for
most occasions. Even most Zambian paintings depict real life situations.
7. Hospitality
 Traditionally, Zambians are hospitable people because welcoming people and visitors is a very
important Zambian societal value and is cherished and practiced.
APPRECIATION OF THE CULTURAL DIVERSITY IN ZAMBIA.
 Zambia can be classified as having a broad homogeneous culture, in terms of race and religion. But
there exists a variation of ethnic diversity in terms of language, traditions and customs that give it a
heterogeneous characteristic.
 Therefore, in appreciating the cultural diversity that exists in Zambia, people should be mindful of
the following aspects that have a bearing on cultural diversity.
STEREOTYPING.
 This is when one makes an opinion on another purely on the basis of group membership.eg
regarding all females as weak or all young people as irresponsible
PREJUDICE.
 Prejudice is an irrational, illogical hatred and suspicion of a particular group, which can be based on
gender, age, ethnicity, and religion, place of residence or occupation. Stereotyping and Prejudice
lead to discrimination.

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ETHNOCENTRISM
 This is the belief that one’s own culture is the best and judging other peoples culture by its standard.
People tend to view the customs of others in the light of their own beliefs and values.
CULTURAL RELATIVISM.
 This means the absence of direct and indirect discrimination in all areas of life.
 It is also a deliberate attempt to view the world as seen by members of other societies. It is based on
the belief that each group’s way of life is logical to that group’s response to survival issues.
 Assimilation is a situation when people from minority groups and different classes of society are
accepted in major social institutions.
 Amalgamation is a process of blending minority and majority groups through social bonding such
as marriage.
PROMOTION OF ZAMBIA’S CULTURAL PRACTICES.
[i] ZAMBIA’S CULTURAL HERITAGE.
 Zambia’s cultural heritage includes both tangible and intangible works of artists, architects,
musicians, scientists and writers.
 These works are demonstrated through languages, rites, beliefs, historic sites, monuments, literature,
works of art, archives and libraries.
[ii] CULTURE AND DEMOCRACY.
 The enshrinement of an individual’s culture, traditions, customs and language in the national
constitution reinforces Zambia’s signing of the Universal Declaration of Human Rights Articles 27.
 This is because democratic practices without effective exercise of cultural rights promote true
democracy.
INSTITUTIONS THAT PRESERVE CULTURAL HERITAGE IN ZAMBIA
[A]MUSEUMS.
 These are administered by the National Museums Board and are responsible for:
 Collection of artifacts.
 Restoration of artifacts.
 Display of artifacts of historical, cultural, scientific, technological and economic significance to the
nation.
[B] NATIONAL HERITAGE CONSERVATION COMMISSION.
 It administers immovable heritage such as sites and monuments.
 Its headquarters are in Livingstone and in Livingstone and it has offices in Kasama, Solwezi and
Lusaka.

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[C] NATIONAL ARTS COUNCIL.
 It promotes artistic and intellectual creativity and Art Education.
 It recognizes that freedom of opinion and expression is essential for reactive activities of artists and
intellectuals alike.
[D] INTERNATIONAL CULTURAL COOPERATION.
 It is done through International Cultural Exchanges and encounters.
 This contributes to the promotion of global peace, respect, mutual understanding and cooperation.
 Zambia is a member of the following multilateral Cultural Organizations:
 -World Crafts Council [WCC]
 -International Council of Museums [ICOM]
 -International Theater Institute [ITI]
 -Southern African Development Community [SADC]
 -International Centre for Bantu Civilization [CICIBA]
 -World Intellectual Property Organization [WIPO]

[E] ADMINISTRATION AND COORDINATION OF CULTURAL AFFAIRS IN ZAMBIA


 The Cultural Sector cuts across a number of line government ministers, which has affected effective
communication for efficient running of cultural affairs.
 Such ministries includes:
 The Ministry of Community Development, Mother and Child Health[ Department of Cultural Services/
National Arts Council of Zambia]
 Ministry of Home Affairs[ National Archives]
 Ministry of General Education[ Training of artists in Colleges]
 Ministry of Chiefs and Traditional Affairs [ Administration of Chiefs’ Affairs and Traditions]

DEVELOPMENT
Development is a process that creates growth, progress, positive change or the addition of physical, economic,
environmental, social and demographic components. Todaro and Smith (2011:775) “Development is the process
of improving the quality of all human lives and capabilities by raising people’s levels of living, self-esteem and
freedom.” And Sapru (1994:5) “In brief, development is a process of improving the well-being of the people. It
is about raising the standards of living of the people, improving their education and health, and also opening out
to them new and equal opportunities for richer and more varied life.” The purpose of development is to rise in
the level and quality of life of the population, and the creation or expansion of local regional income and

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employment opportunities, without damaging the resources of the environment. Development is visible and
useful, not necessarily immediately, and includes an aspect of quality change and the creation of conditions for
a continuation of that change.
Dimensions of development
Development is the most important factor that every society and every state or country require to achieve
development holistically at all level. Development in itself is a multifaceted concept that covers a wide range of
spectrum ranging from political development, economic development and social development to sustainable
development.
Economic development
This component is about raising the national income, reducing poverty, ensuring that there is equity in the
distribution of resources, wealth and income. It implies that there is sustainable increase in living standards of
the citizens, increased per capital income and better education and healthy as well as protection of the
environment. Civic education transmits values such as hard work, productivity, self-discipline and
entrepreneurship that lead to national development.
Political development
Political development is the capacity of a political system to deal with its own fundamental problems more
effectively while responding to the changing political demand of the people. Political stability of every country
is dependent on the knowledge that the citizens acquire from the scope of civic education. Politically, civic
education promote democratic governance in the country as it imparts citizens with knowledge of being active
in participating in national matters such as, constitution making processes and voting. The political appeal
reduces civic disturbances and increases political ability, people who are civically educated realizes to have
peace in the country or society, (Ndagwa, 2008).
Social Development
Social development is as well a broad concept of development that is compared to the economic and political
development. Social development is about improving the well-being of every individual in society so they can
reach their full potential. The success of society is linked to the well-being of each and every citizen. It as well
mean investing in people. Social Development is about putting people at the center of development. This means
a commitment that development processes need to benefit people, particularly but not only the poor, but also a
recognition that people, and the way they interact in groups and society, and the norms that facilitates such
interaction, shape development processes. It further promotes social inclusion of the poor and vulnerable by
empowering people, building cohesive and resilient societies, and making institutions accessible and
accountable to citizens. Working with governments, communities, civil society, the private sector, and the
marginalized, including persons with disabilities and Indigenous Peoples, Social Development translates the

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complex relationship between societies and states into operations. Empirical evidence and operational
experience show that Social Development promotes economic growth and leads to better interventions and a
higher quality of life.
Sustainable Development
A civic education for sustainable development is designed on the basis of a four-dimensional target model of
sustainable development. According to this the goals of social justice, ecological sustainability, economic
productivity and good governance refer to each other with conflicting aims. Within and across the social,
ecological, economic and political dimensions, different modes of human action towards sustainable
development can be distinguished on the micro-, the meso-, and the macro-structural levels of the society in
order to balance the development can be conceptually broken down in four parts:
Social sustainability: equality of opportunities for people, involving welfare, quality of life and sustainable
human development –development should liberate individual capacities and fulfil human needs, thus ending
poverty and improving individuals' quality of life vertical coherence between local and global thinking and
acting. Sustainable
 offering a secure life with full rights and liberties in the long term - and social cohesion.
 Environmental sustainability: the ability to use natural resources without undermining the equilibrium
and integrity of ecosystems, reduce burden on the environment, without compromising on the future
generation to come.
 Economic sustainability: efficiency of economic and technological activities, foster investment and
productivity, economic growth, economic output potential throughout the generations.
 Political sustainability: how civic education plays in ensuring that there is continuation of political
development today without compromising political stability for the future generation to come.
THE RELATIONSHIP BETWEEN CIVIC EDUCATION AND DEVELOPMENT

 Education or knowledge is power, hence, through civic education the knowledge is given to citizens and
according to Aristotle the purpose of political education that is civic is the self-development of the
citizens.
 Good civic education seeks to develop competence in explaining and analyzing issues of the government
and its people. If citizens can explain how something should work, for example the American federal
system, the legal system of communist china, some regime in north eastern Asia or the system of checks
and balances in government they will be more able to detect and help correct malfunctions thereby
promoting development.
 Civic education in a democracy should prepare citizens participate in the politics of their country and
challenge what seems to be an inequality and injustices within that system. Other scholars like Gutman

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argue that society has the responsibility for educating all children for citizenship. Hence democratic
societies have Citizens who need to be able to analyze such things as the components and consequences
of politics. In a self- governing society’s citizens are decision-makers. They need, therefore, to develop
and continue to improve their skills of evaluating, taking, and defending positions. These skills are
essential if citizens are to assess issues of public agenda, to make judgments about issues and to discuss
their assessment with others in public or private by so doing citizens can develop their country.
 Civility, courage, self-discipline, persistence, concern for the common good, respect for others, and
other traits relevant to citizenship can be promoted through cooperative learning activities and in class
meetings, student councils, simulated public hearings, mock trials, mock elections, and student courts.
Uchendu (1995:48) views that " the educational system of any nation aims at developing individuals to
their fullest capacity, so that in turn, they would contribute to the achievement of the ideals of the
governments" and further goes on to say that "every government aims at this because every effective
democratic form of government depends on a well-educated citizenry".
 With civic education in mind citizens will be able to lobby from the government on behalf the
community on many issues. They will able to lobby for women's rights and children's rights. With civic
education in minds of citizens they shall be able to discuss issues of democracy, sex education, on rights
of individuals, rights of dissent and also the responsibility to inform and to be informed. As though that
is not enough, with civic education citizens acquire the right to participate in the implementation of
policies and development programmes. In fact civic education can help citizens develop a critical sense
of identity on a lager view, empathy and a positive attitude on diversity which is development in itself.
 For democracy to survive and flourish, citizens must possess the skills, assimilate the values and
manifest the behaviors that are in accord with democracy. Civic education gives the citizen an
opportunity to absorb democratic beliefs and practices over a life time. As they participate in family,
neighborhood life, join local organizations move through the educational system and as they are exposed
to free media they develop into better and responsible citizen. Here citizens have the opportunity to
absorb the practice of the basic norms of a democratic culture. When this occurs, that is definitely how
civic education is linked to development.
 The link between civic education and development will be very obvious if all the necessary education
and skills are imparted to the citizens. Beginning from the family through kindergarten, primary,
secondary and tertiary education. This should further be extended with seminars, workshops conferences
as well as television and radio broadcasting, so that when this civic education is put into practice, results
yield then with full confidence it can be said that civic education is linked to development.

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MONEY
Money is something that people use every day. We earn it and spend it but don't often think much about it.
Economists define money as any good that is widely accepted as final payment for goods and services. Money
has taken different forms through the ages; examples include cowry shells in Africa, large stone wheels on the
Pacific island of Yap, and strings of beads called wampum used by Native Americans and early American
settlers.
Functions of money
A Medium of Exchange:
The only alternative to using money is to go back to the barter system. However, as a system of exchange the
barter system would be highly impracticable today.
For example, if the baker who supplied the green-grocer with bread had to take payment in onions and carrots,
he may either not like these foodstuff or he may have sufficient stocks of them.
Thus, money provides the most efficient means of satisfying wants. Each consumer has a different set of wants.
Money enables him (her) to decide which wants to satisfy, rank the wants in order of urgency and capacity
(income) and act accordingly.
This type of system also enables specialization to extend. Take, for example, a person who performs only a
single task in a shoe factory. He has not actually produced anything himself. So what could he exchange if a
barter system were in operation? With money system the problem is removed. A person can be paid in terms of
money and can use that money to buy what he wants.
A Measure of Value:
Under the barter system, it is very difficult to measure the value of goods. For example, a horse may be valued
as worth five cows or 100 quintals of wheat, or a Maruti car may be equivalent to 10 two- wheelers. Thus one of
the disadvantages of the barter system is that any commodity or service has a series of exchange values.
Money is the measuring rod of everything. By acting as a common denominator it permits everything to be
priced, that is, valued in terms of money. Thus, people are enabled to compare different prices and thus see the
relative values of different goods and services.
This serves two basic purposes:
(1) Households (consumers) can plan their expenditure and
(2) Business people can keep records of income and costs in order to work out their profit and loss figures.
Money is used as a store of purchasing power. It can be held over a period of time and used to finance future
payments. Moreover, when people save money, they get the assurance that the money saved will have value

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when they wish to spend it in the future. However, this statement holds only if there is no severe inflation (or
deflation) in the country.
In other words, it is quite obvious that money can only act effectively as a store of value if its own value is
stable. If, for example, most people feel that their savings would become worthless very soon, they would spend
them at once and save nothing. For the last few years the value (or the purchasing power) of money has been
falling in India. Yet in the short run—for day-to-day purposes—money has sufficient stability of value to serve
quite well as a store of value.
A Standard of Postponed Payment/ means of deferred payments
This is an extension of the first function. Here again money is used as a medium of exchange, but this time the
payment is spread over a period of time. Thus, when goods are bought on hire-purchase, they are given to the
buyer upon payment of a deposit, and he then pays the remaining amount in a number of installments.
Under the barter system this type of transaction could involve problems. Imagine a farmer buying a video-
recorder and agreeing to pay for it in terms of a fixed amount of wheat each week for a certain number of
weeks. After a few weeks the seller of the video recorder might have more than enough wheat.
If money had been used, the seller could then use it to buy whatever he wanted, whether it is wheat or
something else—now or in future. In other words, the use of money permits postponement of spending from the
present to some future occasion.
Store of Value
Money is used as a store of purchasing power. It can be held over a period of time and used to finance future
payments. Moreover, when people save money, they get the assurance that the money saved will have value
when they wish to spend it in the future. However, this statement holds only if there is no severe inflation (or
deflation) in the country.
In other words, it is quite obvious that money can only act effectively as a store of value if its own value is
stable. If, for example, most people feel that their savings would become worthless very soon, they would spend
them at once and save nothing. For the last few years the value (or the purchasing power) of money has been
falling in India. Yet in the short run—for day-to-day purposes—money has sufficient stability of value to serve
quite well as a store of value.
Qualities of money
 Durability. A cow is fairly durable, but a long trip to market runs the risk of sickness or death for the
cow and can severely reduce its value. Twenty-dollar bills are fairly durable and can be easily replaced
if they become worn. Even better, a long trip to market does not threaten the health or value of the bill.
 Portability. While the cow is difficult to transport to the store, the currency can be easily put in my
pocket.

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 Divisibility. A 20-dollar bill can be exchanged for other denominations, say a 10, a 5, four 1s, and 4
quarters. A cow, on the other hand, is not very divisible.
 Uniformity. Cows come in many sizes and shapes and each has a different value; cows are not a very
uniform form of money. Twenty-dollar bills are all the same size and shape and value; they are very
uniform.
 Scarce / easy to recognize. In order to maintain its value, money must have a limited supply. While the
supply of cows is fairly limited, if they were used as money, you can bet ranchers would do their best to
increase the supply of cows, which would decrease their value. The supply, and therefore the value, of
20-dollar bills—and money in general—are regulated by the Federal Reserve so that the money retains
its value over time.
 Acceptability. Even though cows have intrinsic value, some people may not accept cattle as money. In
contrast, people are more than willing to accept 20-dollar bills. In fact, the U.S. government protects
your right to use U.S. currency to pay your bills.
Money laundering
 Money Laundering refers to converting illegal earned money into legitimate money. The government
does not get any tax on the money because there is no accounting of the black money. So Money
Laundering is a way to hide the illegally acquired money.
 Money laundering is a way to conceal illegally obtained funds. Money laundering works by
transferring money in elaborate and complicated financial transactions which mislead anyone who may
seek to trace and review the transactions. The objective is to make it difficult to identify the original
party to the transaction, known as the launderer. However, at the end of the convoluted scheme, the
funds ultimately return back to the launderer.
Examples of money laundering
 An example of money laundering involves what is called smurfing or structuring. Smurfing involves
making small deposits of money over time into accounts.
 The use of shell companies. Shell companies are businesses set up as typical companies, but they do not
have any assets or perform any real business activities. However, the company will appear like a
legitimate business to an outsider in order to avoid suspicion. In addition, shell companies are funded
with monies generated by illegal activities. For instance, drug dealing could be the source of funding for
a shell pizza restaurant business. The financial records of the restaurant would have inflated entries that
reflect money gained by the drug dealing as.
Institutions that fights against money laundering in Zambia.

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Anti-Money Laundering Authority (AMLA)
This is the AML/CFT Policy making body established under Section 3 of the Prohibition and Prevention of
Money Laundering Act, No 14 of 2001, amended Act, No. 44 of 2010
Task Force of Senior Officials on AML/CFT matters
The Zambia Government is cognizant about the importance of coordination among key stakeholders for the
effective functioning of the AML/CFT framework. For this reason, Cabinet Office set up the National Task
Force of Senior Officials on AML/CFT.
Drug enforcement commission (DEC)
The Financial Intelligence Centre (‘the Centre’)
The Financial Intelligence Centre was established to be the sole designated agency responsible for the receipt,
requesting, analyzing and disseminating of the disclosure of suspicious transaction reports to Law Enforcement
Agencies (LEAs) and other foreign designated authorities pursuant to the Financial Intelligence Centre Act No
46 of 2010 (“The FIC Act” or “the Act”). Further, it is the responsibility of the FIC to issue guidelines to
reporting entities to ensure reporting entities comply accordingly with the provisions of the FIC Act.

Law Enforcement Agency (LEAs)


Section 2 of the FIC Act designates the following as Law enforcement Agencies (LEAs) in Zambia:
i. The Zambia Police Force, established under the Constitution;
ii. The Zambia Security Intelligence Service, established under the Zambia Security Intelligence Act;
iii. The Immigration Department, established under the Immigration and Deportation Act, 2010

Effects of money laundering

Economic effects

 Money laundering has potentially devastating economic, security, and social consequences. It provides
the fuel for drug dealers, terrorists, illegal arms dealers, corrupt public officials, and others to operate
and expand their criminal enterprises.
 Money laundering damages financial sector institutions that are critical for economic growth, promoting
crime and corruption that slow economic growth, reducing efficiency in the real sector of the economy.
The majority of global research focuses on two major money-laundering sectors: drug trafficking and
terrorist organizations. The effect of successfully clearing drug money is obvious: more drugs, more
crime, and more violence. The link between money laundering and terrorism can be a bit more
complicated, for an obvious example, terrorists are knocking down money so that the authorities cannot
monitor them and prevent their planned attacks.

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 Money laundering is a problem not only in the world's major financial markets and sea centers but also
in emerging markets. As emerging markets open up their economies and financial sectors, they are
becoming increasingly appropriate targets for money laundering activities. Money laundering creates
unpredictable changes in money demand, as well as causing large fluctuations in international capital
flows and exchange rates.

The Decrease in Government Revenues

 Money laundering is a global phenomenon that undermines the economic and political stability of
States. As it becomes difficult for the government to generate income from the related transactions,
which are frequent in the informal economy, it decreases tax revenues, which causes a serious negative
impact on the economy.

Socioeconomic Costs

 The socioeconomic effects of money laundering are diverse because dirty money from criminal
activities flows into legitimate funds; they are used to expand existing crime transactions and finance
new ones. Also, money laundering can lead to the transfer of economic power from the market, the
government, and citizens to criminals, thereby eliminating crimes and corruption.
 Among its other negative socio-economic effects, money laundering transfers economic power from
the market, government, and citizens to criminals. Furthermore, the sheer magnitude of the economic
power that accrues to criminals from money laundering has a corrupting effect on all elements
of society.

BUDGET

 Definition of budget
 Types of budgets

FEATURES OF BUDGET.

1. Comprehensiveness:

This quality insists that budget must exhibit all revenue and expenditure relating to government transactions.
This feature is called “the rule of unity”. This principle insists that there must be a single fund and all money

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collected must be accumulated into what is called ‘Consolidated Fund’. This rule ensures simplicity and
efficiency in government transactions.

2. Equilibrium or Balance:

This quality is emphasized by the earlier writers. The balancing of revenue and expenditure is rightly deemed to
be the essence of a good budget. However today there is a radical departure from this classical concept. A writer
like Jacob Viner strongly opposes this concept.

3. Annuality:

This principle insists that budget should be voted at regular intervals generally a year is regarded as the proper
span of time to which budget should relate.

Later writers on public finance added some more features as essential qualities of a good budget.

They are:

(4) the budget should possess certain degree of flexibility regarding allocation of resources and implementation
of proposals.

(5) Accuracy is another characteristic of budget. It means that estimates given in the budget should as far as
possible be accurate based on reliable information and data.

BALANCED BUDGET
A government budget is said to be a balanced budget if the estimated government expenditure is equal to
expected government receipts in a particular financial year. Advocated by many classical economists, this type
of budget is based on the principle of “living within means.” They believed the government’s expenditure
should not exceed their revenue.
Though an ideal approach to achieve a balanced economy and maintain fiscal discipline, a balanced budget does
not ensure financial stability at times of economic depression or deflation. Theoretically, it’s easy to balance the
estimated expenditure and anticipated revenues but when it comes to practical implementation, such balance is
hard to achieve

SURPLUS BUDGET
A government budget is said to be a surplus budget if the expected government revenues exceed the estimated
government expenditure in a particular financial year. This means that the government’s earnings from taxes
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levied are greater than the amount the government spends on public welfare. A surplus budget denotes the
financial affluence of a country. Such a budget can be implemented at times of inflation to reduce aggregate
demand.

DEFICIT BUDGET
A government budget is said to be a deficit budget if the estimated government expenditure exceeds the
expected government revenue in a particular financial year. This type of budget is best suited for developing
economies, such as India. Especially helpful at times of recession, a deficit budget helps generate additional
demand and boost the rate of economic growth. Here, the government incurs the excessive expenditure to
improve the employment rate.
SOURCES OF NATIONAL BUDGET

1. Tax:
A tax is a compulsory levy imposed by a public authority against which tax payers cannot claim anything. It is
not imposed as a penalty for only legal offence. The essence of a tax, as distinguished from other charges by the
government, is the absence of a direct quid pro quo (i.e., exchange of favor) between the tax payer and the
public authority.

Tax has three important features:


(i) It is a compulsory contribution, to the state from the citizen. Anyone refusing to pay tax is punished under
law. Nobody can object to taxation on the ground that he is not getting the benefit of certain state services,

(ii) It is the personal obligation of the individual to pay taxes under all circumstances,

(iii) There is no direct relationship between benefit and tax payment.

2. Rates and Royalties


Rates refer to local taxation, i.e., taxation levied by (or for) local rather than central government. Normally rates
are proportional to the estimated rentable value of business and domestic properties. Rates are often criticised as
being unrelated to income.

3. Fees
Fee is a payment to defray the cost of each recurring service undertaken by the government, primarily in the
public interest.

4. License fee:

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A license fee is paid in those instances in which the government authority is invoked simply to confer a
permission or a privilege.

5. Surplus of the public sector units:


The government acts like a business- person and the public acts like its customers. The government may either
sell goods or render services like train, city bus, electricity, transport, posts and telegraphs, water supply, etc.
The government also earns revenue from the production of commodities like steel, oil, life-saving drugs, etc.

6. Fine and penalties


They are the charges imposed on persons as a punishment for contravention of a law. The main purpose of these
is not to raise revenue from the public but to force them to follow law and order of the country.

7. Gifts and grants


Gifts are voluntary contribution from private individuals or non-government donors to the government fund for
specific purposes such as relief fund, defense fund during war or an emergency. However, this source provides
a small portion of government revenue.

8. Printing of paper money:


It is another source of revenue of the government. It is a method of creating extra resources. This method is
normally avoided because if once this method of financing is started, it becomes difficult to stop it.

9. Borrowings:
Borrowings from the public is another source of government revenue. It includes loans from the public in the
form of deposits, bonds, etc. and also from the foreign agencies and organizations.

BASICS ELEMENTS OF A GOOD BUDGET

 Income. The most basic element of all budgets is income. ...


 Fixed expenses. Fixed expenses are those expenses over which you have little control or are unchangeable. ...
 Flexible expenses. ...
 Unplanned expenses and savings.
THE IMPORTANCE OF NATIONAL BUDGET

Proper resource pool allocation


When it comes to budgeting, identifying areas of weakness helps the government to allocate resources in a
useful and sustainable manner. This is one of the most fundamental objectives behind framing a government
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budget. It’s important for the government to ensure that funds reach where it’s required the most. Therefore
using past data to identify sections of the society in need of economic welfare policies and implementing those
policies helps.
Ensuring economic growth
A budget allows the government to regulate the imposition of taxes in various sectors. Investment and
expenditure are some of the most prominent factors contributing to the growth of a nation’s economy. The
government can encourage people to emphasize more on savings and investments by providing tax rebates and
subsidies.
Growth of business and trading
Businesses and enterprises look forward to the government budget as resources being allocated to various
sectors are revealed. The government can encourage business owners to revise their policies accordingly and
contribute to the country’s economic prosperity
Mitigating economic divide
Economic disparity and inequality is an imminent threat to any country’s economy. The government can
address these kinds of threats by introducing public and economic welfare policies for the underprivileged
sections of the society through the budget
Administering Operation of PSUs
Industries operating in the public sector contribute immensely to the country’s economy by providing
employment to a lot of people and generating revenues. A budget helps the government focus appropriately on
companies in the public sector by introducing policies to aid their growth.

TRADE
Trade is a basic economic concept involving the buying and selling of goods and services, with compensation
paid by a buyer to a seller, or the exchange of goods or services between parties.
Types of trade
1. Local trade: Local trade or domestic trade is also known as internal trade. Local trade is the trade
which takes place within the border of the country.

2. International trade: is an exchange involving a good or service conducted between at least two
different countries.

ADVANTAGES OF INTERNATIONAL TRADE


1. Advantages of specialization and division of labour

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It is beneficial in several respects. Important advantage is the division of labour and the consequent
specialization. Different regions are endowed with different types of productive agents. It is to the advantage of
each nation or region to specialize in the production of those goods for which their factor equipment is most
suited.

2. Availability and cheapness of commodities


Because of international trade the consumers can get access to foreign goods at lower prices. Normally foreign
goods are imported because of their relative cheapness in comparison with the prices of domestic goods.
3. Large scale production
Due to specialization, factors of production are put to the best use. Specialization followed by large scale
production that introduction of machinery will result in greater output. It also results in stimulating
their consumption and demand which cause further specialization which lower the prices of goods and services
all over the world.
4. Creation of industrial society
International trade through specialization of large-scale production, usage of machinery and exploitation of
natural resources has resulted in the creation of a new industrial society.

5. Stabilization of internal price


With the help of international trade the surpluses of the country could be exported to the other country and the
deficits of one country may be made up by imports. This will ultimately lead to stabilization of internal price
level.

6. Availability of commodities whose costs of production are high


With the help of international trade, the countries are able to acquire commodities which they cannot produce
locally due to the no availability of factors of production, insufficient quantity, and due to high costs of
production. Europe and Africa could get tea and penicillin, respectively, only because of international trade.

7. Improvement in transport
International trade has resulted in the improvement in the means of transport in all parts of the world.

8. Sovereign remedy in times of war and famine


During times of famine, scarcity and war, international trade enables the people of a country to maintain
themselves through import of food, cloth and medicine from abroad.

9. Development of backward nations


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With the help of international trade, the economically backward and under-developed countries are able to
import machinery and capital goods in exchange for their raw materials, agricultural products and food stuffs.

10. Reduces monopolistic exploitation


The sense of competition enables the domestic producers keep up the standard in the methods of production.
There is no fear of monopoly and competition makes the producers keep the prices at a lower rate.

11. Transfer of payment


Foreign trade makes it possible to effect transfer of payments from debtor country to creditor country. The
debtor country exports goods to pay for its debts to the creditor country.

12. National well-being


For many nations, international trade is literally matter of life and death. For example: for UK and Japan, it is
impossible for them to feed, cloth and house their present population, without imports from other countries. The
survival of these countries depends on the exports of their manufactured goods. Costs of self sufficiency will be
very high when compared to importing. For Americans, the morning cup of coffee would become a luxury
without international trade.

13. Changes in the quality of labour and capital


International trade brings about fundamental changes in the quality of labour and capital in trading countries.
Trade changes the quality of the people teaches them to consume new things also use old things in new ways,
change in technical knowledge results in specialization etc.

14. Poor and backward nations can become rich and forward
This is possible only due to international trade. Example: OPEC nations [Organization of the Petroleum
Exporting Countries] have developed. The vast petrol reserves would have remained unexploited and Middle
East Countries would have remained world’s poorest desert countries. Due to international trade, they have
become world’s richest nations.

15. Facilitates debt payment


International trade depends on the multi-lateral payment system which makes it possible to effect payments
from debtor to creditor countries by enabling the former [debtors] to create the necessary amount of export
surplus in the Balance of Trade. Thus there are numerous advantages arising from the exchange of goods
between individuals living in different countries.

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DISADVANTAGES OF INTERNATIONAL TRADE
1. Exhaustion of Essential Materials
International trade may result in the exhaustion of essential materials and minerals of a country. Most of the
minerals were exported to other countries. If they had been preserved they would have brought better returns to
the country.

2. Affects Domestic Industries


International trade may adversely affect the consumption pattern of a country due to the import of cheaply
manufactured and at times harmful commodities. Indian handicrafts suffered a severe set back through free
trade and unrestricted imports of English textiles.

3. Lopsided Economic Development


Due to the operation of comparative costs, international trade leads to specialization and one sided economic
development which is not conducive to the prosperity of the country.

4. Evil Effects of Dumping


Sometimes, certain countries use international trade to dump their goods on other countries with a view to
cheapen the value of the latter goods.

5. Dependence on another Nation


Though it ensures higher standard of living for a nation, it makes the countries dependent on foreign markets
not for raw materials but also for selling the finished products. This dependence should be reduced or
eradicated.

6. Against national Defence


It is argued that a nation which depends on foreign sources of supply lacks defence during the war. Eg: England
– during the two world war is cited as a proof. England was blocked by German submarines, which completely
blocked the imports of goods and essential raw materials.

7. Instability and Economic Planning


It is a source of economic instability and it stands in the way of national economic planning for development
and growth.

Export: refers to a goods or services sold to a foreign country. International trade is a method of economic
interaction between international entities and is an example of economic linkage.

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Imports: are goods or services bought in one country that was produced in another. Imports and exports
are the components of international trade. If the value of a country's imports exceeds the value of its exports, the
country has a negative balance of trade, also known as a trade deficit.

Balance of trade
Balance of trade (BOT) is the difference between the value of a country's exports and the value of a
country's imports for a given period. ... Sometimes the balance of trade between a country's goods and the
balance of trade between its services are distinguished as two separate figures.

To add notes on regional and international organizations and specialized agencies

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