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A Case Study Report on Zambia 2010

Table of Contents
List of acronyms ................................................................................................................. 3 Acknowledgments............................................................................................................... 5 Abstract ............................................................................................................................... 6 Part I: Introduction ............................................................................................................ 11 Part II: Scope and Case Study Design .............................................................................. 12 Case study objectives ..................................................................................................... 12 Data collection and analysis ........................................................................................... 12 Organization of the report .............................................................................................. 12 Part III: Monitoring the right to Food in Zambia.............................................................. 13 Guideline 1: Democracy, good governance, human rights and the rule of law ............. 13 Constitutional making processes .................................................................................... 14 Guideline 2: Economic development policies ................................................................ 16 Guideline 3: Strategies ................................................................................................... 20 Guideline 4: Market Institutions ..................................................................................... 21 Guideline 5 Institutions .................................................................................................. 24 Guideline 6 Stakeholders ................................................................................................ 28 Guideline 7: Legal framework........................................................................................ 30 Guideline 8: Access to resources .................................................................................... 34 Guideline 8A: Labour ..................................................................................................... 34 Guideline 8B: Land ........................................................................................................ 43 Guideline 8C: Water ....................................................................................................... 48 Guideline 8D: Genetic resources for food and agriculture ............................................. 50 Guideline 8E: Sustainability ........................................................................................... 54 Guideline 8F: Services ................................................................................................... 55 Guideline 9: Food safety and consumer protection ........................................................ 57 Guideline 10 Nutrition .................................................................................................... 60 Guideline 11: Education and awareness raising ............................................................. 63 Guideline 12: National financial resources .................................................................... 65 Guideline 13: Support for vulnerable groups ................................................................. 67 Guideline 14: Safety nets ................................................................................................ 69 Guideline 15: International food aid ............................................................................... 69 Guideline 16: Natural and human made disasters .......................................................... 73 Guideline 17: Monitoring, indicators and benchmarks .................................................. 75 Guideline 18: National Human Rights Institutions ........................................................ 75 Guideline 19. International dimension ........................................................................... 77 Part IV: Selected cases on violations of the right to food ................................................. 79 Displaced farmers in munkonchi .................................................................................... 79 Conclusion ........................................................................................................................ 81

List of Acronyms
BCN CHI CSO CSO CBD ECOSOC ESCR FAO FDA FIAN FDI FRA FNDP FSP FSP FEWS GDP GRPI GRZ IBPGR ICRISAT IDPs IGWG IMF ITPGRFA JCTR MLS NBSAP MACO MoE MoFNP MoH MLSS MP MMD MTENR NGO PRSP UN UPND UNDP WFP Biodiversity Community Network Children in Need Central Statistics Office Civil Society Organisation Convention on Biological Diversity United Nations Economic and Social Council Economic, Social, and Cultural Rights Food and Agriculture Organisation of the United Nations Food and Drug Act Foodfirst Information and Action Network Foreign Direct Investment Food Reserve Agency Fifth National Development Plan Fertilizer Support Programme Fertilizer Input Support Programme Famine Early Warning System Gross Domestic Product Genetic Resources Policy Initiative Government of the Republic of Zambia International Board on Plant Genetic Resources International Crops Research Institute for the SemiArid Tropics Internally Displaced Persons Inter-Governmental Working Group International Monetary Fund International Treaty on Plant Genetic Resources for Food and Agriculture Jesuit Centre for Theological Reflection Multilateral System National Biodiversity Strategy and Action Plan Ministry of Agriculture and Cooperatives Ministry of Education Ministry of Finance and National Planning Ministry of Health Ministry of Labour and Social Security Member of Parliament Movement for Multiparty Democracy Ministry of Tourism Environment and Natural Resources Non Governmental Organisation Poverty Reduction Strategy Paper United Nations United Party for National Development United Nations Development Programme World Food Program me


World Alliance for Nutrition and Human Rights World Food Conference World Food Summit World Food Summit: five years later Welthungerhilfe World Summit for Children Voluntary Guidelines to support the realization of the right to food Zambia Bureau of Standards Zambia Competition Commission Zambia Weights and Measures Zambia Land Alliance

This report benefits significantly from the efforts and hospitality of organisations and people: To mention a few, many thanks are extended to Mr Mwenya Mwelwa author of Right to Food Staved by Bad Governance, Mr Mark Simukangu Human Rights Activist and Mrs Makota from Zambia women in Agriculture. The compilation of this sythesised report also benefited from the insights JCTR staff in Lusaka. Last but not least, the compilation of this synthesized report also benefited from the insights and guidance of Miss Angela Mwape Mulenga and Lastly many thanks also goes to Mr Simon Ngona for compiling this report on behalf of RAPDA

Zambia ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1984, and is legally bound to implement the treaty through domestic laws and policies. Among its provisions, the treaty requires the government to: Take steps to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. Guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Economic, Social and Cultural Rights (ESC rights) in Zambia such as the rights to health, housing, food, education, water and sanitation are treated as second class rights, the Universal Declaration of Human Rights (1948) gives equal importance to ESC rights and civil and political rights. ESC rights have been marginalized for the last sixty years in the country and they are not part of the Bill of Rights and hence no litigation of ESC violations rights can be taken to court. However, ICESCR could be invoked in the country though with difficulties. Key findings The findings from the case study indicate that despite Constitutional and Policy recognition of food as an ensure part of human welfare, a number of gaps exits in realising the right to food as a fundamental human right. To start with the current Zambian constitution, last revised in 1996, does not extensively recognise ESCR especially food as a human right. In the Republican Constitution human rights are provided for in the Bill of Rights found in Part III, Fundamental Rights and Freedoms of an Individual. Mostly the rights provided for are Civil and Political Rights. But also, some Cultural rights are provided for in this section. The complete ESCR are not provided for in the Bill of Rights but are mentioned in Part IX of the Constitution, Directive Principles of State Policy. This clearly states that these ESCR shall not be justiciable and shall not be legally enforceable in any court or tribunal. However, the government has on the other hand made tremendous efforts in the realisation of food security, monitoring food shocks and food nutritional levels by putting in place structures and statues. However, these measures are also faced a number of challenges, especially in implementation and coordination. Further, the institutions mandated to the look at the food cycle are also not fully committed to provide the vulnerable and the poor with adequate food or resources to access food hence subjecting to permanent hunger.

Employment Formal employment in Zambia is not guaranteed despite governments efforts to pursue policy and law reforms in past years. Nearly 90 percent of Zambians are either unemployed, underpaid or work in uncertain conditions in informal sector. The minimum wage for most civil servants is K268, 000 (US $53.6) in a country where the basic needs basket for a family of six in the capital city, Lusaka, stands at K2, 696,030 (US $539.3)1. The country has a minimum wage Act which is supposed to be revised every two years but this is rarely adhered to by the government a situation that has compelled civil society organisations like the Civil Society for Poverty Reduction (CSPR) to voice out2. The urban area records the highest unemployment rates than in rural areas for both male and female with males standing at slightly above 36.9 percent and female 19.1 percent. Among the key attributed to this situation include, inadequate skills, capital and support infrastructure. Education Despite government commitment to providing free primary education, education is slowly becoming a privilege for those who can afford especially at higher education level. Currently, illiteracy still stands to 24 percent (Male (1524 years) literacy rate, 20032007, male 83 percent with illiteracy rate at 17 percent while women (1524 years) literacy rate, 20032007, female 68 percent with illiteracy rate at 32 percent. This has been mainly necessitated by the high tuition fees in all the colleges and universities both government and private and are far beyond the reach of the poor. Tuition fees are between K700, 000 to K14 million (US $157 to US $2,800) per year (2009 estimates)3. In addition, there is much lack of expansion at high schools and colleges in order to create greater access to higher education. Household Food Security In Zambia a high proportion of both rural and urban households are vulnerable to food insecurity. Both chronic and transitory food insecurity are prevalent. For rural households, food entitlement is linked to agriculture, while crop production risk is a primary determinant of food insecurity. Insufficient food production capacity, lack of income diversification and unfavourable climatic conditions are therefore, the main causes of food insecurity for rural households. Urban households on the other hand, depend on wage or self-employment and as they purchase their food needs, are more susceptible to insufficient income and price increases for food and other basic necessities such as fuel and housing. As a consequence, food security, consumption and nutrition status are also affected. In recent years there has been an increase in urban malnutrition.

By The Post Newspaper -Minimum Wage- Wed 10 Mar. 2010, 04:00 2 Ibid. 3 Cavendish University programme

Food Production During much of the last two decades, trend data on food production indicate that the production of maize, the main staple crop, has been below national requirements. Now in particular, maize production has been severely affected mainly by recurrent unfavorable climatic conditions and reduced support to small scale farmers through the Fertilizer Input Support Programme. The production of the minor staple food crops and other crops has been fluctuating leading to increased vulnerability to food insecurity especially among the rural population who consume mostly these staple foods. In addition although production of legumes, fruits and vegetables has been encouraged and been going on for a long time, the production levels are still very low. The food production at household level has also been affected by inadequate labour due to the impact of HIV/AIDS, which is affecting the most productive age group. Other contributing factors are inappropriate technologies, especially for female-headed households. High post harvest losses due to poor practices during preservation, processing and storage further aggravate the situation. Limited markets also constrain food availability and accessibility with the majority of rural households exhausting their food stocks before the next harvest. Moreover, animal production and fish cropping for consumption has generally not been viewed as a contributing factor to household food security. Therefore to address the food security issues the Government need to put in place an agricultural policy. In large cities, the urban poor may have a home garden or raise small animals as part of coping strategy. It affords a cheap, simple and flexible tool for productively using open urban spaces, generating employment and income, and adding value to products. Urban agriculture can provide significant amounts of food at small scales and for specific items. By growing their own food, urban inhabitants lower their food deficits and obtain an important source of fruits and vegetables. Food Purchases A major indicator of access to food especially in urban areas is the level of income. In Zambia, incomes for the majority have declined over the last two decades due to inflation while prices of essential goods and services including food have risen and continue though inflation stability has been recorded in the past years. By January 2009 inflation that stood at 16.6 percent reduced by 0.6 hence dropping 16.0 as measured by Consumers Price Index (CPI). This was mainly necessitated by the reduction in mealie meal, petroleum products and public bus fares. By December 2009, inflation rate stood at 9.9 representing decline of about 6 percent. This later dropped in January 2010 to 9.6 percent hence representing a 0.3 percentage points decline. However, this has not benefited most, especially, low income earners as the commodities are too high compared to their disposable income. Currently the poverty levels, well over four fifths of the population live below the international poverty datum line of $1 per day. Inequality has grown to the extent that the per capita income share of the poorest 20% of households is now barely 2%. Rising unemployment due to retrenchment and redundancies in the wake of economic restructuring deprived many families of their major and often only source of income, further aggravating food insecurity. 8

Because urban dwellers must buy most of their food, urban food security depends mostly on whether the household can afford to buy food, given the high prices and low incomes. Yet with little human or financial capital, the poor are forced to take casual, insecure jobs. With their abundance of labour, but often little else, the poor find competition for jobs fierce. The Government has supported programmes such as for Urban Self-Help (PUSH) and rural food for work to supplement food availability for the vulnerable groups, which are mostly the low income. However, these programmes do not adequately cater for the increasing population of the low-income group

Recommendations to government There is need for government to invest its efforts in applying proper administrative measures and ensure that undernourishment and poverty levels are reduced. Government should also consider recognising all ESCR in the overall and national state statuses. In consideration of the two points highlighted, the following age complementary recommendations to government. There is need for government to make ESCR justiciable and legally enforceable through their incorporation in the Bill of Rights. This is very necessary because if it is done citizens can actually claim their ESCR once they are denied or if state policies and/or actions do not show any indicators of progressive realisation of these rights. The implementation of ESCR must be directed through progressive realisation time and resources. What should be avoided in the realisation of these rights is indifference or hiding behind the phrase Zambia does not have enough resources where government is not doing enough to realise these rights but takes as an excuse that Zambia has meagre resources. Government should consider establishing a separate constitutional court to specifically address cases related to ESCR while the exiting courts are also encouraged to prosecute ESCR related issues. Because after having made these rights justiciable, there is need to institute some judicial reforms. This is in a view that the current judicial situation has a pile load of cases for years and also other major constitutional issues. Need to formulate a National Food and Nutrition Strategy so that it can harmonise all statutes and define a clear road map on for the promotion of the right to food. Promote and strengthen peasant farmer groups and farmer field schools as targets for technology transfer. Promote and encourage the involvement of the private sector and NGOs in the provision of extension services.

Recommendations to CSOs and RAPDA Need to strengthen civil society capacitys to monitor state actions to end hunger and right to food violations, and deprivations of marginalised and vulnerable poor communities. Speed up the process of opening RAPDA office in Zambia to coordinate all none state actors working on food and right to food violations because currently there is no harmonization among the organisations working on the subject matter.


Part I: Introduction
Zambia is one of the worlds poorest countries and ranked 165 out of 177 on the Human Development Index. Poverty and food insecurity are widespread in both rural and urban areas, and the country remains extremely vulnerable to recurring natural disasters, including floods, drought and animal disease. The country has not experienced famine as such, but many parts of the population had been experiencing chronic, acute and transitory hunger . Zambia acceded to the ICESCR, which among other rights protects the right to food. At the time of writing this report, Zambia was having its constitution being amended and many CSOs sought to utilize the situation to lobby for the inclusion of the Right to Food. As a result of lack of constitutional protection, access to food was largely being considered as a political gift, rather than an entitlement. Hence its was not surprising that successive administrations and governments in Zambia had always either treated food as a mere commercial commodity or as a means of cultivating and consolidating political patronage at the expense of empowering the citizens to be self reliant, independent of political control and hunger. The right to adequate food is realized when every man, woman and child, alone or in the community with others, have physical and economic access at all times to adequate food or means for its procurement. UNSCR Comment number 12. Human rights are legal entitlements of protection that people have against political and societal threats and represent behavioral norms and principles that define the relationship between the state and authorities who are the duty bearers and rights holders who are the people within the country. The human right to adequate food is established in treaties and instruments of international human rights law, including the Universal Declaration of Human Rights (UDHR) of 1948, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966, and the Convention on the Rights of the Child (CRC) of 1989. This right has been further specified in the Right to Food Guidelines (VG), designed by an Inter-Governmental Working Group (IGWG) on the request of the World Food Summit and later in 2002, and adopted by the council of the Food and Agriculture Organisation of the United Nations (FAO) as Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security. Foodfirst Information and Action Network (FIAN) and Welthungerhilfe (WHH) with support of FAO, in an effort to promote the utilisation of the VG as a tool to monitor state action in favour of freedom from hunger, Screen State action against hunger: How to use the Voluntary Guidelines on the Right to Food to monitor public policies. Therefore this report has being guided by the FIAN/WHH monitoring tool to develop a case study report on Zambia socio-economic and political frameworks supporting the right to food.


Part II: Scope and Case Study Design

Case study objectives Although government ratified to the ICESCR and initialed a number of programmes aimed at alleviating poverty, the targeted people, who are the ordinary citizens, have not benefited thus the prevailing poverty levels. The quest and call by the International community to make food a human right and the intervention by FIAN, WHH and RAPDA to build capacity of CSOs to monitor and report the right to food assumes to be the basis of this report. The study was conceived under the following objectives: Assessing the existing policy, legislative, and institutional initiatives supporting the right to adequate food in Zambia using the FIAN/WHH developed monitoring tool; Report on the right to adequate food monitoring responses and capacity in Zambia; Strengthening and harmonising civil society capacitys to monitor state actions to end hunger and right to food violations, and deprivations of marginalised and vulnerable poor communities in Zambia. Data collection and analysis The report is a synthesis of a number of different reports and face to face interview. The whole process of data analysis was guided by the FIAN/WHH and the FAO VG. The study involved analysis of Zambias duty bearers response mechanisms and rights holders opinions regarding the impact of the socio-political and economic policies, legislations, and institutional action plans relevant to the realisation of the right to adequate food of all in the country. The discussions in this report are from extensive content analysis of existing policies, legislations, ministerial statements, institutional documents and research reports. Face to face interviews with on selected people (duty bearers) from right to food relevant sectors were also essential in a real time analysis of the responses on the existing socio political and economic environment relevant to the enjoyment of adequate food as a human right in Zambia. Organisations that have been working with vulnerable groups on social economic such as Zambia Council for Social Development ZCSD were interviewed. Organization of the report The rest of this report is organized as follows: section one gives the background and the evolution on international statues supporting the right to food. Section two brings out the scope of the study. Section three questions the countrys state of play using the FIAN/WHH guidelines. Section four details some of the right to food violations In Zambia while section brings out a case study of food violation.


Part III: Monitoring the right to Food in Zambia

Guideline 1: Democracy, good governance, human rights and the rule of law Zambia political landscape is characterized with so many issues. Formerly the British protectorate of Northern Rhodesia, the country was under British dominion from 1888 until 24 October 1964, when it became an independent republic within the Commonwealth under the leadership of Kenneth David Kaunda and his United National Independence Party (UNIP). The then president consolidated control over the nation in the ensuing years, culminating in the 1972 abolition of political parties other than the UNIP. Elections continued to be held, but only UNIP members could stand for office. No one dared to oppose Kaunda as president. In December 1990, bowing to persistent demands for democratization and riots over rising food prices, the Movement for Multiparty Democracy (MMD) quickly organized itself as the primary opposition to the UNIP. A broad-based, diverse coalition of interest groups, MMD's sole unifying principle was its opposition to UNIP and continued political domination by Kaunda. Frederick Chiluba, a founding member of MMD, ran for president and won in the country's first multiparty elections in nearly 20 years. Chiluba faced many challenges as he strove to modernize the economy and the country's political system. The worst blot on Chiluba's record was his handling of the 1996 elections, when his main opponent again was Kaunda, the former president whom Chiluba had beaten in 1991. Although most observers agreed that Kaunda's candidacy was a long shot, Chiluba chose to amend the Constitution in such a way that Kaunda was barred from running. (The new rules required that the candidates' parents be from Zambia; Kaunda, whose parents came from what is now Malawi, was therefore ineligible.) The change triggered a boycott by Kaunda's supporters and protest from the international community. Chiluba was reelected with 70% of the vote and the MMD took 131 of 150 parliamentary seats. Only 40% of registered voters participated, and international observers declared the election to be neither free nor fair, citing irregularities in voter registration, vote buying, and Kaunda's exclusion. In addition to Chiluba's new constitutional rules regarding candidates' parentage, Zambia's 1991 Constitution provided for the president to be elected to a five-year term by universal suffrage, and restrict the president to two five-year terms. The Constitution also provided for a prime minister and cabinet, both appointed by the president, and a 150member National Assembly, elected simultaneously with the president. In the 2001 election, eleven candidates were on the ballot for president. Levy Mwanawasa, candidate of the MMD and Anderson Mazoka, candidate of the United Party for National Development (UPND), finished in a near tie, with Mwanawasa reportedly winning with a margin of 11,000 votes. Despite protests lodged with the country's Supreme Court, Mwanawasa was inaugurated in January 2002, however, as late as May 13, 2003, opposition parties were mounting legal campaigns to nullify the presidential election.


In 2006 President Mwanawasa returned his presidency amid a slight margin to the Patriotic Front Part founded by Michael Chilufya Sata. His term was scheduled to end in 2011 but a dark cloud hanged the country he died in 2008 on official duty. This saw the county going for a presidential by-election in the year with Mwanawasas vice president Rupia B Banda being nominated as the MMDs preferable candidate. He also won the election on a slight margin from the PF leader. In terms of good governance, there are a number of mixed thoughts with regards the governance system and the right to food. A number of CSOs have reported in the media condemning the state of governance and the need for the political fraternity to stop using food for political mileage, a situation which mainly happens during elections. However, government is seen to recognise the importance of good governance in public documents such as the Fifth National Development Plan (FNDP). The need to promote good governance as a preserve in realising the right to food as in guideline 1 does not appear in any public document. However the government recognises the importance of Good governance and this is attested in Fifth National Development Plan (FNDP): Government recognises the strategic role that good governance would play in the realisation of the ideals of the FNDP. Laws, rules and regulations that govern the interaction of various actors in the political arena significantly influence the nature of the relationships that emerge and whether those relationships adhere to the peoples defined acceptable norms of good governance. The Government maintains that, for it to facilitate a hospitable environment where good governance obtains, what is required is, inter-alia, political will, integrity and honesty. The principle of good governance in the legal context is where there is separation of powers of the three organs of state, namely, the Legislature, the Judiciary and the Executive. The process of reviewing the Republican Constitution for Zambia, which began in 2005, and which addresses a number of issues, some of which border on good governance, will continue during the FNDP period. Good Governance also includes accountability and transparency in the management of national affairs and the discharge of the responsibilities of public office. As the Government implements the FNDP, it shall continue to uphold the view that public office is a trust held for the benefit of the general public, the governed, and is not for private profit or gain. Transparency, another tenet that the Government shall continue to uphold, enables the general public to know or discover the truth so as to avoid speculation. Therefore, it is the Governments position that men and women who hold public office should be prepared to submit to public scrutiny and questioning as part of the process of rendering an account for the discharge of their public responsibilities. Constitutional making processes Since independence, Zambia has under gone four constitutional review process with the 2002 Willa Mugomba being the most recent. The constitutional changes followed upon 14

recommendations from the Maiza Chona in 1973, the Patrick Mvunga in 1991 and the John Mwanakatwe in 1996. Various factors, including economical and political factors necessitated these reviews. The appeal for a constitution that will stand for a test of time in Zambia appears to be a fundamental demand by every citizen in the quest to shape the political, economical and ethical minds. This is rightly so because the significance of a good constitution is key to democracy, good governance, the rule of law and ultimately development of the any country (JCTR 2005). Unfortunately, many Zambians have not embraced the final content of the three Commissions because they lacked constitutional legitimacy. That is they are considered fruits of government driven process rather than a people driven process. This is because the inquiries Act, which established these commissions of inquiry, gives government powers to reject and accept peoples recommendations through a white paper. This was almost evident with the Mwanakatwe Commission (1996) where over 80% of the recommendations where rejected outright by the then president (JCTR 2005). Currently, Zambia is undergoing a constitutional review process to address serious gaps in its current constitution, such as the absence of protections for economic, social, children's and women's rights in its associated Bill of Rights. The new draft constitution rectifies these shortcomings but there has been much controversy on the review process hence raising so much demand from the citizens. Zambia adheres to the Universal Declaration of Human Rights and is a state party to the International Covenant on Economic, Social and Cultural Rights of 1966. However, the country has not made any express provision for economic, social and cultural rights in its Bill of Rights and therefore the Right to Food is not directly provided for in the said Bill of Rights. Therefore, based on the current standings, the current law cannot assert the Right to Food as a fundamental human right. However, the Zambian Bill of Rights has indirectly provided for the right to food as other provisions in the bill of rights are some of the elements which fall under the essentials to the realisation of the right to food. For instance Article 16 of the Republican Constitution provides for the Right to own property, which property is land. As earlier noted, land is one of the economic resource upon which the right to food is premised. The Zambian Constitution, though outside the Bill of Rights has also for the right to food under the Directives Principles of State Policy. For instance in Article 112 (b), the Republican Constitution provides: The State shall endeavor to create conditions under which all citizens shall be able to secure adequate means of livelihood and opportunity to obtain employment And in Article 112 (i), the Republican Constitution provides that: The State shall promote sustenance, development [It] Need[s] to manage the land, air and water resources in a balanced and suitable manner for the present and future generation


Though not justifiable rights, it is still clear that the Zambian Government recognize the fact that the Right to Food is very critical to the survival of the human race, thus not explicitly making provision for the same in the Constitution. Guideline 2: Economic development policies Overall the economy of Zambia has been improving over the last 10 years, but more so from 2003 to date following the revamping of copper mining spurred by high prices of the metal on the international market. The economy has continued to register positive growth going by the real gross domestic product which increased from 5.8% in 2006 to 66.2% in 2007 though remained below the 7% target for the year 2007. Apart from the mining sector and copper production in particular, other sectors that have had significant contributions to the economy are the agricultural and tourism sectors. The average Gross Domestic Product over the last 10 years has been $15.93 billion (2007) while the GDP per capita has been USD 1400 (2007). There has also been a general decline in the inflation rate, which from 2007 came to single digit level. During 2007 the annual inflation (CPI) averaged 8%. The commercial bank interest rates have generally been high over the last 10 year period, although there has been slight movement downwards in the last two years.
Despite improvements in the economy and the creation of new employment opportunities levels of unemployment are still relatively high. The inflow of foreign investment has increased over the 5 years mainly directed to the mining sector mainly on the Copperbelt, Northwestern and Southern provinces of the country. Furthermore, in the early nineteen eighties, Zambia like other Highly Indebted Poor Countries (HIPC) of the world witnessed a distinct advent of the Structural Adjustment Programme (SAP).

Since then SAP began slowly but steadily to gather steam and the middle eighties even saw a vigorous though brief phase of implementation of SAP polices amidst great debate and controversy. The politically unmanageable consequences of the policies that included food riots at the end of 1986 as a result of lifting subsidies on maize meal compelled the then Zambian Government to beat a hasty retreat and revert to its more familiar domain of controls. By this action, the Government alienated itself from the International Monetary Fund (IMF) and many of the bilateral donors. Political liberalization and the ushering in of a new Republic (the second Republic) based on multi-partyism in the early nineties provided a congenial environment for re-launching SAP. The new Government embarked on full-scale implementation of SAP in terms of a wide array of stabilization, adjustment and transition policies without encountering any major public dissent. By the end of the last century, the Zambian economy underwent a major face change from a predominantly monopolistic system based on centralized controls and public ownership to a market-oriented, liberalized, privatized and competitive system. The sustained implementation of SAP, however, did not bring to the country the expected benefits in terms of sustained growth and human development. It in


turn brought more poverty and undernourishment. In particular, the money metric incidence of poverty rose from 60% in 1980 to 73% in 1998. One telling statistic in this regard is the value of the Human Development Index, HDI. Zambia holds the unenviable record of being the only country whose HDI value at the end of the millennium was lower than what it was in 1975. From this backdrop, the Zambian government in early 2000 developed a Poverty Reduction Strategy Paper (PRSP) document with the aim to address some of the challenges mentioned above. The right to food is imbedded in the general agenda of reducing poverty in the document. Further, the strategy paper conceives poverty as a multi-dimensional phenomenon. It therefore considers not only income poverty but also human poverty that encompasses deprivation in health and food and nutrition, knowledge and security. The document identifies the poor (small-scale farmers, those living in large households, female-headed households, and children) and where they live (rural areas, provinces off the main line of rail, and areas removed from national and provincial capitals). Additionally, macroeconomic objectives, policies and strategies are highly pronounced in the FNDP which states that: During the FNDP, macroeconomic policies will build upon the successes made during the PRSP/TNDP period by sustaining and securing fiscal and financial stability, and deepening structural reforms to achieve economic growth. The broad macroeconomic objectives for the Plan period are as follows: The FNDP is a marked improvement on the previous PRSP. The FNDP builds upon the achievements of the first PRSP, for example, strong improvements in macroeconomic performance and progress in public expenditure management. It has strengthened its focus on the key issues, emphasizes achieving tangible results, and includes appropriate monitoring and evaluation arrangements. The theme of broad-based growth is analyzed from several angles and in sufficient detail. On policies, it appropriately places emphasis on the importance of a stable macroeconomic framework, improved domestic revenue collection, good governance, increased production and productivity in agriculture, and strengthened human resource development. One marked improvement is that it presents an elaborate medium-term expenditure framework (MTEF) under which the external cooperating partners are requested to provide predictable assistance either through direct budget support or sector wide approaches (SWAP). This policy is intended to achieve a gradual move away from the traditional individual project mode of providing assistance (IMF 2007).


Table 4.1: Growth Scenarios, 2005 2010 (constant 1994 prices)

Primary sector Agriculture, forestry, and fishing Mining and quarrying Secondary sector Manufacturing Electricity, gas, and water Construction Tertiary sector Wholesale and retail trade Restaurants and hotels (tourism) Transport, storage, and communications Financial intermediation and insurance Real estate and business services Community, social, and personal services Other GDP at market prices

Average PRSP/TNDP 2002-2005 4.6 2.6 10.4 9.3 5.2 0.3 20.2 3.5 4.6 7.4 6.0 3.4 4.1 3.8 6.9 4.8

Average Baseline 2006-2010 6.8 4.1 10.7 7.8 6.9 10.2 8.0 5.0 5.4 6.2 9.0 4.5 4.0 3.0 1.5 6.0

Average Core FNDP 2006-2010 8.5 7.2 10 8.3 7.5 10 8.8 5.7 5.7 11.5 9.1 4.5 6.0 3.0 1.5 7.0

Source: Ministry of Finance and National Planning

Another policy that was constituted and draws much attention to this guideline is the National Food and Nutrition Policy (NFNP). 2006. The policy was constituted to refine synergies other policies that work with the realm of food and nutrition. The aim of the policy is to achieve sustainable food and nutrition security in the country. Though not having direct answers to the provision under this guideline, it at least brings out some of the efforts that the government has been instituting in trying to provide abundant nutritional food stuffs. The vision of the policy is to achieve optimum nutritional status of the Zambian population with the principal goal of achieving sustainable food and nutrition security and to eliminate all forms of malnutrition in order to have a well-nourished and healthy population that can effectively contribute to national economic development.The highlighted policy concerns include the elimination of all forms of malnutrition, food security, nutrition and HIV, gender and nutrition, care for the nutritionally vulnerable, research and surveillance, financing of nutrition activities and training and capacity building.


The guiding principles of the policy are that the Government has reaffirmed that access to food and nutrition is essential in having a healthy nation but it does not explicitly recognise the International human rights instruments that recognise the right to food such as the Universal Declaration of Human Rights (UDHS), the International Covenant on Economic, Social and Cultural Rights (ICESCR) or the general comment made by the UN Committee on Economic Social and Cultural Rights that interpreted the covenant. However, the policy recognises that in Zambia, a high proportion of both rural and urban households are vulnerable to food insecurity. Both chronic and transitory food insecurity are prevalent. For rural households, access to food is linked to agriculture while crop production risk is a primary determinant of food insecurity. Insufficient food production capacity, lack of entitlement to productive resources such as land especially amongst women who are the most productive in agriculture, lack of income diversification and unfavourable climatic conditions are, therefore, the main causes of food insecurity for rural households. As far as they are concerned, urban households depend on wages or self-employment and, as they purchase their food needs, are more susceptible to insufficient income and price increases for food and other basic necessities such as fuel and housing. As a consequence to in food prices, consumption and nutrition status are also affected.

The policy also acknowledges that during the last two decades, trend data on food production indicates that the production of maize, the staple crop, has been below national requirements. "Now in particular, maize production has been severely affected mainly by recurrent unfavourable climatic conditions and removal of subsidies on agriculture inputs. As a result, large quantities of the grain have had to be imported to meet the deficit. Moreover, the liberalisation of the economy and privatisation of State-owned institutions like NAMBOARD, have impacted negatively on maize stocks. The production of the minor staple food crops and other crops has been fluctuating leading to increased vulnerability to food insecurity, especially among the rural population who consume mostly these staple foods," the policy reads in part. In addition, although production of legumes, fruits and vegetables has been encouraged and been going on for a long time, the production levels are still low. The food production at household level has also been affected by inadequate labour due to the impact of HIV/AIDS which is affecting the most productive age group. The other contributing factors, according to the policy document, are inappropriate technologies, especially for female-headed households. Also, high post-harvest losses due to poor practices during preservation, processing and storage further aggravate the situation. Added to that is the limited access to markets, which constrain food availability and


accessibility with the majority of rural households exhausting their food stocks before the next harvest. In large cities, the urban poor may have a home garden or raise small animals as part of the coping strategy. This affords a cheaper, simple and flexible tool for productively using open urban spaces generating employment and income and adding value to products. "Urban agriculture can provide significant amounts of food on small scales and for specific items. By growing their own food, urban inhabitants lower their food deficits and obtain an important source of fruits and vegetables," reads the policy. Yet, this has not changed the living conditions of most of the people. In that regard, one would hope that the National Food and Nutrition Policy is not just another document meant to decorate the shelf, but one whose implementation will affect the nutritional status of the nation Further, in the quest to manage population resources which include food and its means of production and acquirement, the Zambia government in May 1989 adopted a National Population Policy that affirmed its commitment to adopting and implementing appropriate strategies to manage population resources in a manner consistent with Zambias ultimate objective of accelerating the rate of economic growth. The Policy was revised in June 2005. Among the main challenges facing the Government is the liberalization of the labour market to make it more efficient and responsive to the challenges of the day. After liberalization, the Governments main role is to create a conductive environment in the labour market and articulate how it will continue to provide policy direction. The Government also recognizes the fact that information plays a vital role in the operation of the labour market. In the light of the above, the Government Vision in the area of population and development is: Improved quality of life (by providing all means of survival included food and nutrition) through the achievement of population trends that are commensurate with Zambias socio-economic development. In the context of this Vision, the main objectives are to reduce among other the high poverty and fertility levels, promote the achievement of an even spatial distribution, especially between urban and rural areas, etc. Guideline 3: Strategies Currently, Zambia does not have a food or nutrition strategy apart from NFNP of 2006 which was developed by a multisectoral parties to coordinate all food agencies. This is the document which is currently used as a yard stick in monitoring and implementing food and nutrition related issues. However the policy reflects a number of challenges


such as lack of coordination among all state and none state actors in monitoring, provision and implementation of food related issues. On the other hand, Government has made efforts in putting up strategies which recognised the need to put in place relevant structures that might lead to halting of hunger and promoting development. Though not recognising the International statues promoting the right to food, FNDP, which is Zambias mid term developmental strategy recognizes that growth stimulation should be complemented by distributive measures that have better overall positive impact on the poor. The FNDP goes beyond to reinforce other existing measures, which include poverty reduction and food security, issues of nutrition, safety nets and social protection and good governance. The plan is currently under review, but the CSOs on the other hand have already made their submissions. In their submission, Sixth National Development Plan (SNDP)-CSOs perspective the CSOs have recommended a number of issues that could help in realising of food security. In the area of Trade and Industry the CSOs feels that the FNDP has tremendously failed to diversify the economy and provide incentives for value addition. In the context of food security and trade, the nation depends on the traditional maize for consumption and export but little has been done in exploring other nutritious crops which could be marketable within the country and abroad. On land, the submission reaffirms that land is an important resource and is a source of livelihood and economic development. In their recommendation they acknowledge womens major role to farming in Agriculture and the need to protect their lands rights as they are the most disadvantaged including the disabled. The document also recommends the need to make land administration fees and charges affordable for all eligible landholders and also strengthening of the protection of all land rights holders irrespective of tenure-provide for acquisition rules, including procedural issues and faire and adequate compensation rules. On nutrition, the submission recognises that a good nutritional status is a driver to having a successful social and economic development programme of any nation. It further indicates that the health of an individual is affected by food intake and utilisation of nutrients. The submission therefore is urging government to develop a Food and Nutrition Strategic Plan and the strengthening of the Nutrition Sector Advisory Group. From these few highlighted submission in from the CSOs Sixth National Development Plan (SNDP)-CSOs perspective It is evident that there have been gaps in the implementation of the FNDP especially in the area of ensuring food security. Guideline 4: Market Institutions Zambias overall planning market framework identifies trade and industry as critical means for boosting the countrys market, export and investment capacity. To address these exports and investment, the Ministry of Commerce and Industry placed emphasis


in the FNDP for the need to use these factors as a means to economic growth and poverty eradication. The country through the ministry is on the other hand in the process of formulating an export strategy to address competitiveness in trade and industry, with emphasis on private sector led growth in the quest to achieve socio-economic transformation, income increasing and poverty eradication. Further, Zambia has also developed an agricultural market development plan which recognises that the development of the agricultural sector is key to economic growth and poverty reduction in any country. It also stresses that the further development of agricultural markets would contribute towards revitalizing the agricultural sector. The aim is of the plan is to strengthen the existing market support functions and to correct the deficiencies so that an appropriate environment is created for the agricultural market to function efficiently. This will enable the country to achieve the following expected results: Credible, timely and widely distributed market information. Widely used grades and standards. Enhanced capacity of key stakeholders to effectively participate in and/or facilitate the market. Enhanced enforcement of market rules and contracts.

In the past, the Zambian government had instituted various programmes to encourage agricultural production but the development of agricultural markets was not sufficiently emphasised. In the introduction of the plan, it is stated that the agricultural market development plan has been developed to enhance agricultural market efficiency, recognizing the marketing constraints of the sector. The Zambian agricultural market is comprised of many small-scale traders and producers, both of whom do not have adequate capacity to participate effectively in the market. For example, there is inadequate capacity amongst small-scale traders to form an effective linkage between small-scale farmers and the large commercial sector, while small-scale farmers just lack the capacity to comprehend market signals and intricacies. This has made it impossible for many of the small-scale farmers to develop into medium and large-scale producers and for the small-scale traders to develop into medium and largescale traders. Besides institutional constraints, the Zambian agricultural market also faces basic structural constraints related to the policy and legal environment. The major policy and legal constraints are highlighted below:
There is a lack of a comprehensive agricultural marketing legal framework to guide the functions of the agricultural sector. This comprehensive agricultural market


legislation should provide for, among other things, a body of agricultural market experts to advise the Minister of Agriculture on market related issues. There are uncertainties about the role and operations of the Food Reserve Agency (FRA) and the interface between the FRA and the private sector. Disruptive by-laws, notably levies by local authorities on agricultural products, while providing an alternative source of income in the wake of the councils loss of central government grants and other traditional sources of income, such levies cause distortions as they increase the cost of agricultural marketing and decrease the farmers profit potential. Zambia lacks appropriate legislation to support a warehouse receipt system. A system of warehouse receipts and registered warehouses will ensure safe storage of agricultural commodities and inject operating capital into the marketing chain to the advantage of both commercial and small-scale farmers. A system of warehouse receipts is already in an advanced stage of development but needs a legislative framework within which to operate.

However, despite the challenges mentioned above, the plan pledges to resolve some of these challenges. The plan under the in the third section, the following are highlighted and critical interventions. Point Enphasises the need to develop of Medium-Scale Traders
In order to promote competition for the produce of small-scale farmers, it is essential that the trading capacity of existing small-scale traders be improved to become medium scale traders. It is, therefore, recommended that small-scale traders that meet specific criteria are identified, trained in business ethics, encouraged and assisted to gain access to finance.

Point Enphasises the need to Build Small-Scale Farmer Marketing Capacity Small-scale farmers are currently weak sellers of maize and other products and therefore suffer unduly poor prices for their produce. They tend to offer their produce in small quantities, they do not grade their produce, and they are cash strapped at time of harvest. It is recommended that they be encouraged to become stronger sellers by building their capacity in the following areas:
a) Encouraging the development of farmer groups and cooperatives to bulk the farmers produce, to clean and grade products, and to identify good markets. b) Assisting such groups and cooperatives to access finance services through the warehouse receipt system and other financial institutions.


c) Guiding the farmer groups and cooperatives to grow into profit-orientated businesses with competent managers to achieve maximum benefit for their members. d) Small-scale farmers with potential to grow into medium-scale farmers be identified and their needs for business training determined. e) Women as key players in the agricultural sector need to have as much access to markets as their male counterparts.

Point Enphasises the need to Enhance Capacity of Arbitration mechanisms In Zambia, trade disputes occasionally occur. Arbitration is the quickest and cost effectively way to resolve trade disputes. However, arbitration institutions have limited capacity to facilitate an effective and efficient case disposal. The capacity for arbitration needs to be enhanced among all key players, such as farmers, traders, and arbitrators, both through an enhanced legal framework and technical competence. The specific bottlenecks and types of capacity that need to be enhanced will be identified and are likely to differ by commodity and market. In terms of the current policy and Legal enforcement standing, Zambias agricultural sector can not boost of having a good and well defined intergraded policy and legal enforcement mechanism. Guideline 5: Institutions Zambia like most other countries has adopted a multi sectoral approach to addressing food and nutrition related issues. To coordinate the various sectors and activities involved in food and nutrition issues, Government in 1967 decided to establish the National Food and Nutrition Commission (NFNC) through an Act of Parliament, Cap 41. with mandate to: To take all necessary steps to facilitate the implementation of Governments approved policy in relation to the national food and nutrition programme, and to liaise with international agencies and friendly governments regarding aid to the programme subject to the National Food and Nutrition Policy governments procedures laid down in this connection To this effect, the establishing of the NFNC as the anchor of all food and malnutrition related issues, through a consultative mechanism with other government agencies, confirms and positively answers some of the questions in the FAO voluntary guidelines. This participation by other stake holders is also acknowledged by the then Permanent Secretary in the Ministry of Health acknowledgements: The multi-sectoral nature of the causes calls for a multi-sectoral approach to prevent or combat malnutrition. Community capacity building and increasing nutrition awareness at household and community level are seen as central to the establishment of local capacities to prevent and combat malnutrition. The evolving National Food and Nutrition


Policy is an outcome of a series of national discussions facilitated by the National Food and Nutrition. However, the overall Institutional Framework in Zambia stands in disarray. Many institutions are involved in food and nutrition activities. However, there is little or no coordination between them. Furthermore, there are no explicit sectoral guidelines for developing and implementing food related interventions. The NFNC, an institution mandated to oversee all food and nutrition activities in the country has a weak institutional framework for effective operationalisation of its mandate. National Food and Nutrition Commission (NFNC) Established by an Act of Parliament in 1967, the NFNC is mandated to promote food and nutrition activities and to advise the government accordingly. Therefore, in pursuance of this mandate and according to the 2006 policy, the NFNC has, since inception, undertaken several activities aimed at food and nutritional improvement with varying degrees of success. Although given such a broad mandate, the Act also does not give the NFNC enough power and clout or responsibility over food activities implemented in various sectors. In particular, its placement in the Ministry of Health limits its ability to influence sectoral development plans and programmes. Ministry of Health (MOH) The MOH plays an important role in effecting improvements in food and nutrition. A lot of food and nutrition programmes are implemented directly by the ministry. These include primary health care activities like immunizations, growth monitoring and promotion and food quality, though this is a case extensively dealt by the Zambia Bureau of Standards. Since 1992, the MOH has been implementing the health reform programme through which it is intended to take health care as close to the family as possible. These reforms have seen the creation of the Central Board of Health (CBoH) and management boards to spearhead and oversee the implementation of the health reforms in the country. Although food and nutrition has been included as part of the minimum package of basic health services to be delivered as close to the family as possible, the objectives, strategies and activities that have been identified are narrow and unlikely to tackle the broader food and nutrition issues within a health setting. There seems to be a lack of understanding of what should constitute food and nutrition activities in the health sector. Ministry of Agriculture and Co-operative (MACO) The MACO is one of the key ministries directly responsible for food and nutrition improvement. It covers the production of food and to some extent its utilization, storage and preservation. Over the years, efforts have been made to incorporate nutrition components and considerations in agricultural development programmes with some success. The incorporation of nutrition into mainstream agricultural sector objectives is


still far from being achieved. The critical problem has been the lack of systematic institutional collaboration and cooperation between the MACO and NFNC. The Food Reserve Agency (FRA) The FRA was established as a statutory body to manage the national food reserve. The FRA was set up to: (i) purchase maize in the domestic market for the National Food Reserve; (ii) manage and administer Government-owned storage facilities; (iii) collect market information on grain trading, processing, stocks and prices and disseminate such information; (iv) introduce weighing and grading standards; (v) establish and conduct a programme for annual registration of traders and processors of designated commodities; and (vi) maintain proper accounts of all transactions and submit them to government. Ministry of Community Development and Social Services (MCDSS) This ministry is responsible for the general welfare including food and nutrition security of the vulnerable groups which include the aged, the disabled, the chronically ill, the displaced or disaster victims, orphans /street kids and infants, young children and women of child bearing age and single/female-headed households. The ministry has been running programmes to cushion the poor and vulnerable against hardships caused by the implementation of the economic reforms. It also runs the Public Welfare Assistance Scheme (PWAS) through which financial/material assistance is provided to the needy. Others are public works programmes through which communities/individuals perform some community work in exchange for food. The major challenge is addressing the increased needs of the poor and vulnerable within limited Government funding. Further, most of nutrition activities are conducted without any collaboration with NFNC. Ministry of Commerce, Trade and Industry (MCTI) This ministry plays a part in the importation of foodstuffs. However, there should be strong links with the MOH Food and Drugs Control Laboratory, the Zambia Bureau of Standards and the NFNC to ensure that all imported foods meet the set food and nutritional standards and safety regulations. Currently, there seems to be more emphasis in the ministry on clearing than monitoring the quality of imports. Since there is inadequate inspectorate capacity in the country, many sub-standard food products have flooded the Zambian market in the advent of trade liberalization. One good example are the chines substandard products which have been received with mixed feeling from the Zambian consumers 4

By James Mutungu Chiwala- Post News papers 21-12-009: It is very gratifying to note the Zambia Competition Commission: (ZCC) will now start policing fake products on the market. It is common knowledge that consumers have been exploited for a long time now because government has not strengthened the laws to safeguard its citizens from consuming substandard products that have been flooding the Zambian market. What is even more annoying is that business organisations have gone to an extent of bombarding the masses with product claims which cannot even be substantiated. I implore the relevant government bodies such as the Zambia Bureau of Standards (ZBS) to complement ZCCs efforts in trying to bring to book these unscrupulous traders and business houses that are cheating consumers. This


Ministry of Labour and Social Security (MLSS) The ministry is responsible for ensuring appropriate working conditions for employees. However, many aspects of worker satisfaction especially with regard to proper food acquirement and nutrition have not been adequately addressed. Work-place canteens have not been adequately supported to meet quality requirement under the right to food. Ministry of Education (MOE) The MOE provides the best opportunity to provide nutrition education and ultimately influence nutrition behaviour of the population. Unfortunately, the level of collaboration between this ministry and the NFNC is not strong. Currently, consultations between the two institutions in nutrition curriculum development or nutrition expertise requirements of the ministry are minimal. Another area of concern is the lack of supplementary feeding programmes in most schools. School feeding programmes are known to contribute to improved academic performance. Ministry of Local Government and Housing (MLGH) The ministry is involved in the provision of essential social services such as housing, health, education, water and sanitation. These services have a strong bearing on health and nutritional status. However, the performance of this ministry especially as regards to the provision of adequate safe water and sanitation has been weak. Also, its public health inspectorate lack resources to carry routine food inspection. Ministry of Finance and National Planning (MFNP) The Food, Health and Nutrition Information System (FHANIS) was a project created to monitor the food, health and nutritional impact of the 1992/93 drought on the welfare of the people of Zambia. When the project ended, it was placed under the Central Statistical Office. However, due to lack of funding it has not been functional, and consequently there has been no information for directing interventions. Continuous nutritional surveillance, collection of data analysis and dissemination for nutrition information is important to ensure timely response to disasters and adapting strategies against hunger and malnutrition.
is tantamount to daylight robbery!! There is need to strengthen the laws that aim to protect consumers in this country. In addition, business organisations should avoid manipulating the consumers by making fake promises regarding product attributes. Other organisations have gone to an extent of selling these goods very cheaply for the sake of attracting the market and yet some of these products cannot even pass international standards. ZBS should make it mandatory to certify all products whether locally made of procured from overseas. Professional bodies such as the Zambia Institute of Marketing should also formulate agreed Code of Ethics and Practice for their members so that marketing-oriented organisations do not conduct unethical practices through such means as advertisements and other marketing communication tools employed to reach the target markets. We need to bring sanity in this country and the approach which has been taken by ZCC should be supported by all well meaning citizens of this great country.


Ministry of Tourism, Environment and Natural Resources (MTENR) Although mandated to ensure efficient and sustainable utilization of natural resources to avoid environmental degradation, which is detrimental to the long-term quality and availability of food supplies and hence nutritional status, the ministry does not have an environmental policy as yet to provide guidance in the effective management of these resources. The threat of water, soil and air pollution, deforestation, etc to aquatic life, fauna and flora and indeed human life cannot be over-stressed. Ministry of Youth, Sport and Child Development (MYSCD) This is the executing ministry for the National Plan of Action for Children, which was prepared in 1993 as a follow-up to the World Summit for Children of 1990. Unfortunately, there has been little or no collaboration between this ministry and the NFNC in implementing nutrition activities identified in the Plan of Action. Office of the Vice President (OVP) The Disaster Management Unit (DMMU) under the Office of the Vice President (OVP) was established to ensure expediency in disaster response systems including food distribution. Food distribution has focused more on cereal provision without taking into account nutritional requirement of beneficiaries. Non-Governmental Organizations (NGOs) There are many NGOs involved in food and nutrition work in Zambia. Among these, Programme against Malnutrition (PAM, World Vision and Lutheran World Federation are the leading NGOs involved in relief food distribution and food security for the vulnerable. Others working in areas of advocacy and networking include Children In Need (CHIN), Eastern and Southern Africa Farmers Forum (ESAFF), Framer Support Programme (FOSUP) etc. There is apparent lack of effective coordination mechanisms between these NGOs and the NFNC only on nutrition matters. United Nations, Bilateral and Multilateral Systems There are many institutions in this category involved in activities relevant to the right to adequate food such as relief food mobilization and distribution, food production, basic health care, health and nutrition education. Guideline 6: Stakeholders Having permanent interaction between stakeholders, both public and private in the realisation of the right to food is what this guideline envisions. Therefore it is within the context of this guideline that states are advised to consider bringing together all stakeholders working on the right to food under one umbrella hence coming up with multi stakeholder policies.


In Zambia therefore, the government through the establishment of NFNC as a possible anchor for all food and nutrition related programmes being implemented by other agencies, signifies a step forward to the realisation of the right to food. However, the formation of this agency and the NFNCP, which recognises and identifies multi stakeholders, has not enabled significant progress in the realization of the right to food as a human right enshrined in the ICESCR. What the policy identifies is just the organisations working on food and recommends the possible synergies or collaboration. There is no proper logical framework on how these institutions will implement their obligatory roles and how overlapping issues would be dealt with. In the case of redressal for instance, there are no clear provisions highlighted on how persons faced with complaints can be file a complaint and to which institution or jurisdiction. The policy however recognises the following institutions but no procedural mechanisms on how the will operate is highlighted. Among the stakeholders identified, there are the following (note that most of these institutions and their functions have been elaborated in guideline 5):
Ministry of Health Ministry of Agriculture and Cooperatives Ministry of Commerce, Trade and Industry Ministry of Science and Technology The Ministry of Science and Technology

Other institutions include: The University of Zambia-Certify food staff using their laboratories Zambia Weights and Measures (ZWIMA)-Sets standards on weights and measures Farmers Organisation such as the Zambia National Farmers Union (ZNFU)Represent farmers on policy formulation meetings and price fixing. Zambia Bureau of Standards (ZABS)- It is an agency responsible for the development of voluntary standards for industries and certifications of products. Zambia Consumers Association- The Association handles consumers and food related complaints, which are later, referred to the appropriate authority. Zambia Competition Commission-Promotes fair competition in trade and handles consumers complaints.


Guideline 7: Legal framework Zambia does not have a comprehensive and integrative law, or Constitutional provision that emphasis the right to adequate food in the context of State obligations of respect, protect, and fulfil. However and as mentioned in guideline 1, Zambia adheres to the Universal Declaration of Human Rights as well as is a State party to the International Covenant on Economic, Social and Cultural Rights of 1966. However, the country has not made any express provision for economic, social and cultural rights in its Bill of Rights and therefore the Right to Food is not directly provided for in the said Bill of Rights. Nonetheless, there are several isolated but yet supportive legislations that exist in the country. Zambia has elaborated a comprehensive Food and Drugs Act. The food component of this, whose regulations is yet to be implemented efficiently and effectively, is to ensure the Safety and Quality of Food. Different Ministries administer the various pieces of legislation with mandates and responsibilities and agencies also pay a big role in issues of food safety. The Laws include: Food and Drugs Act and Public Health Act Cap 295. Food regulations of 2001, which focus on institutional framework for effective enforcement based on, expected and desired resources. Plant Pests Disease Act Cap 233, Stock Disease Control Act Cap 252, Cattle Slaughter Control Act Cap 250 and Competition and fair trading Act Cap 417 covers the development of food standards and codes of practice and is administered The Food Reserve Act CT No. 20 of 2005 established to body to manage the national food reserve. The Environmental Protection and Pollution Control Act of 1990, Cap 204 of the Laws of Zambia to protect the environment and control pollution so as to provide for the health and welfare of persons, and the environment. The Decentralization Act (1980): devolves the function and powers, which were up till now exercised by the Central government, to local decentralized units (districts). This act ensures that local governments are responsible for the delivery of essential services in accordance with national policies, guidelines and standards. The Water Act (1948 and reviewed in 1994): aims to ensure clean, safe and sufficient supply of water for domestic purposes to all Zambians; These are some of the pieces of legislation that are closely related to the promotion of the right to food in Zambia. However they work in disintegration and there is no proper policy framework that aims at integrating the food provisions. The closest is the NFNCP but it also has gaps.


However the current Mungomba Draft Constitution has made an attempt to in Part VI for the inclusion of Economic and Social Rights in the Bill of Rights. This move has been welcomed by many CSOs. The rights of persons with disabilities, women, children and youths, older members of the society, family, consumers, and of citizens seeking justice have all been put under the broad heading of Civil, Political and Cultural Rights and these rights are justifiable and legally enforceable. Economic and Social Rights have been put separately in the text of the new Bill of Rights. These rights though justiciable are to be fulfilled within reasonable time, or, in the proper legal expression, these rights are to have progressive realisation. Therefore the Economic and Social Rights included in this section are rights to: choose a trade, occupation or profession; employment and to just and fair labour practices; social security, including, where appropriate, social welfare for that person and dependants of that person; health which includes the right to health care services and reproductive health care; education; adequate shelter and housing; adequate food, water and sanitation; an environment that is safe for life and health.

It is however important to note that despite the proposed inclusion of these rights by the Mungomba Draft Constitution, there is one serious problematic paragraph (67, 3b) that in effect waters down these rights. This paragraph states the condition that though these rights are justiciable, the State, when it has a different conclusion about acceptability or affordability of the rights, can overrule decisions on these rights made by any court, tribunal, or the Human Rights Commission. Further, as questioned in this guideline, the establishment of a permanent human rights institution was recommended by the Human Rights Commission of Inquiry (also referred to as the Munyama Commission), which was appointed in 1992 to examine the human rights situation in Zambia prior to the reintroduction of a plural political system in 1991. In 1996, the Government introduced a new State Constitution. One of the new aspects introduced in the constitution was Part XII entitled Human Rights Commission. Article 125(1) established the Human Rights Commission. Article 125(2) stated that the Commission was to be an autonomous body. Article 126 provided that the functions, powers, composition, funding and administrative procedures were to be prescribed in an Act of Parliament. In 1996, the Human Rights Commission Act No. 39 of 1996 (HRC Act) was enacted. The HRC Act, inter alia, provides for autonomy, appointment and composition, tenure of the commissioners, functions and powers, complaints mechanism and meetings of the Commission. However, taking into account that the work of the commission is guided by what is stipulated in the Bill of Rights, the teeth of the commission seem limited in the handling food related cases. In fact, the commission and the rest of the NCC delegation recently laughed at the some proposal in the draft Mungomba constitution and CSOs to include ESCR especially the right to food in the Bill of Rights. This reaction was received with mixed feeling from a cross section of society. In fact, some CSOs such JCTR expressed their displeasure in the media.


Shameful constitutional conference debates By Peter Henriot on Tuesday 20 April 2010, Post Newspaper Shame! Shame! What is one to say about the NCC commissioners who laugh at proposals to improve social conditions in this country, while refusing to engage in intelligent debate over the proposals? Surely the quickest response is simply to say: Shame! Shame! The research and advocacy over the proposal to put economic, social and cultural rights (ESCR) into a new Bill for Rights of the Zambian Constitution has been going on for several years, having been a central point in the Mwanakatwe draft constitution in the mid 1990s and the more recent Mung'omba draft constitution. The seriousness of the recent debates, both within the National Constitutional Conference (NCC) and outside in academia, civil society and church circles and the media, has highlighted the importance of the topic, whether or not one would agree to its adoption. The Jesuit Centre for Theological Reflection (JCTR) has been central to that debate, having prepared background documentation and text for the Mung'omba Commission and having testified before the Human Rights Committee of the NCC. Along with many others in Zambia who are desirous of obtaining a constitution that all can be proud of, we are certainly disappointed at the way that recommendations to include the ESCR have been so irresponsibly treated. Let me suggest five grounds for that disappointment. And let me ask those who feel differently to provide an intelligent response to these grounds. Laughter and utopianism First, the discussion of specific ESCRs was recently subjected to scornful laughter by many of the NCC commissioners. But such behaviour surely is inexcusable in the NCC proceedings and simply reveals an empty head - no sensible argument can be found and so laughter substitutes for reason! Zambian taxpayers can justifiably ask whether commissioners are being paid substantial stipends to behave in such unacceptable fashion in a forum of great seriousness. Second, the proposals to include within the new constitution the rights for food, water and shelter were dismissed as utopian. This is indeed a strange and unwarranted objection - revealing more about the lack of understanding on the part of the individual who made such an objection than about the quality of the proposals. My dictionary tells me that utopian means something that is admirable but impracticable in real life. Would political rights such as a democratic vote or legal rights such as a fair trial also be called utopian and therefore not to be included in the Constitution? A bit of historical reflection would remind us that independence for Zambia some 46 years ago was viewed by many as utopian. What if that view had predominated even among the early freedom fighters? We would still be singing God save the Queen


before the Chipolopolo Boys begin to play! Third, it was argued by some NCC commissioners that the proposed ESCRs were too costly and simply unaffordable for Zambia. Why, even a mad person might demand housing, said one commissioner, and the government's ability to pay for these rights just doesn't exist! Upon reading this, I really wondered where these confused commissioners had been when the JCTR and others had presented the papers explaining the procedures for implementing the ESCRs. Had they understood what justiciable means? Did they know the significance of progressive realisation? Did they appreciate that placing in the Constitution rights like those to food, water and housing by no means implies overnight implementation? Had they studied carefully the handling of precedent cases from, for example, South Africa? International Instruments and laziness Fourth, it was argued by a senior NCC commissioner that incorporation of the ESCRs into the new Zambian Constitution was rejected because a number of these clauses are international instruments and you cannot import international instruments and put them in the Constitution. Now that is not only a strange contention but a dangerous one! Pushed to its logical conclusion, Zambia should not have in its current Bill of Rights the international instruments of the First UN Covenant on Civil and Political Rights. Wouldn't this mean the necessity to throw out free speech, fair trial, freedom of religion, freedom of association, and so on and so forth, etc.? Did this senior NCC commissioner really mean all of that by rejecting what he referred to as the importation of international instruments? Fifth, the assertion was made during the debate that providing these rights would make people lazy. Let me bluntly ask what possible grounds could be offered to support such an outrageous assertion? That a person has the right to food doesn't necessarily mean that the person just has to sit back and be spoon fed! Rather it might imply that salaries paid for hard work should be adequate enough to meet the JCTR's Basic Needs Basket minimum requirements. The right to water could be interpreted not to require everyone to be handed a plastic bottle of mineral water but at least be provided with sufficient clean water to remain healthy and able to work. There are surely additional arguments that might have been voiced during the recent NCC debates over ESCRs. I am admittedly drawing my information from the pages of the independent press and wondering why in the world the state-owned and governmentcontrolled press appears to be silent in reporting in full the details of these important debates. Are the editors under instruction not to embarrass the ruling party by publishing shameful statements made by their members in the NCC? Basic questions And so we come at this point to some very basic questions. Are the fundamental economic, social and cultural rights of Zambian citizens simply to be ignored in the new constitution? Can Zambia go forward to become the desired middle income nation by 2030 by ignoring these rights? Are the NCC commissioners - especially those filled with such mirth when the rights are discussed - simply saying no, and arguing that such good things realistically have no place in this wonderful country?


And another key question to ask is: why are these constitutional issues not being discussed in the current political debates as by-elections are being held and major elections are being prepared for? Wouldn't it be a great bit of political maturity to hear from those currently seeking to be elected to parliament their opinion about ESCRs? After all, as MPs, they are going to be involved in the debates and decisions around the adoption of the constitution, with or without a new Bill of Rights. Certainly, at some point in the near future, it would be good to hear the views of the current Republican President on this pressing issue of guaranteeing fundamental economic, social and cultural rights for all Zambian citizens. What do you think? Guideline 8: Access to resources This guideline emphasises that access and control of resources and assets is crucial in the progressive realisation of the right to adequate food and it advises states to facilitate sustainable, non-discriminatory and secure access and utilization of resources in consistence and compliance with national and international law. It is also in this guideline that states are urged to consider empowering the vulnerable and marginalised groups to access and utilise the available resources in the following sectors (tabulated below) and hence effectively access and enjoy adequate food as a fundamental human right: Labour (8A); Land (8B); Water (8C); Genetic resources for food and agriculture (8D); Sustainability (8E); and Services (8F),

In line with the constituents of Guideline 8, the current Zambian Constitution expressly provides that, The State on behalf of the people of Zambia shall endeavour to protect important natural resources including land, minerals, oil, water, wetlands, fauna, and flora. Guideline 8A: labour The right to work, as enshrined in article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) includes, inter alia, the enjoyment of just and favourable conditions of work, and remuneration. These shall, as a minimum, provide all workers with fair wages and equal remuneration for work of equal value, with a decent standard of living for themselves and their families and with safe and healthy working conditions. During the two last decade, the labour sector has faced serious set backs, and these are reflected in the deterioration of social indicators related to employment and labour and this owes to the reform agenda that ensued in 1991. The Human Development Index after 34

liberalisation shows increased levels of unemployment in both the formal and the informal sectors, as well as the decline of real wages which prevented an important number of the population from enjoying the right to work and ultimately getting sustainable disposable income to enable them to purchase food and cover other basic needs. However, Governments overall economic policy framework of liberalisation was to provide an enabling environment for all businesses, from SME to large businesses. Therefore, the market based policy reform agenda was supported by enactment of laws that support and protect private enterprise hence enhancing employment opportunities such as the Investment Policy 1991. This followed the establishment of the Zambia Investment Centre by an Act of Parliament in 1992. It is broadly mandated to promote and facilitate investment by focusing on attracting investment and helping investors navigate the approval and business establishment processes and lobbying for improvements in the investment climate and giving the people a better wage. However, the existence of an Investment Promotion agency and the extent to which its structure, mission and legal status have been informed by and benchmarked by international best practice is not well known. Further, despite the reported increase in employment opportunities ensued by Foreign Direct Investment (FDI), the number of unemployed, low paid has clearly increased5. This situation has had a direct impact on the standard of living of numerous Zambian families, due to the workers inability to provide for them selves and their families. The disastrous employment situation in Zambia, which has been deteriorating in the past decade, has therefore broad consequences that have repercussions well beyond the labour market. In terms of development, poverty and enjoyment of economic, social and cultural rights, the negative effects are enormous. Further women are especially affected by these developments and, in particular, by the diminution of employment in the formal sector. Many women lost their employment in this sector during the restructuring, despite the fact that a minority were employed in this sector before 1991. Women are very often the first to be lay-off because they are more concentrated in unskilled occupations or are mostly working in the tailoring and cloth-manufacturing sectors that were seriously hit by the competition brought by the economic liberalisation.

In March 2008, 500 striking workers at the Chambishi Copper Smelter (CCS) were sacked by their employer. The day before, seven branch officials of the National Union of Miners and Allied Workers (NUMAW) had been arrested by the police after a battle had broken out between the 500 workers and 200 Chinese foremen, resulting in at least three people being injured. The workers, employed to build a foundry, had gone on strike on March to demand pay increases and better safety conditions. The union officials were released, and the workers were reinstated after some intensive negotiations.


Moreover, women working in the informal sector have also been adversely affected by the economic restructuring, as increased unemployment shifted the work force towards this sector, pushing women towards more precarious and less-remunerated occupations. For instance, many women are reported to have been pushed towards prostitution. In general, high levels of illiteracy among women contribute to their difficulties in finding employment, in particular in the formal sector. As a result, most working women are engaged in the informal sector, working in small-scale farming activities in rural areas and as stonebreakers, vendors or traders in urban areas6. The Living Conditions Monitoring Surveys conducted from 1991 to 2006 by the Central Statistics Office (CSO) show that the incidence of poverty has reduced over the years. The results show that the incidence of poverty declined from 70 percent in 1991 to 64 percent in 2006. The CSO says the gains of this reduction can be noticed in rural areas, where the incidence of poverty reduced from 88 percent in 1991 to 78 percent in 2006. In contrast, the CSO reports that the incidence of poverty in urban areas increased from 49 percent in 1991 to 53 percent in 2006. See figure below.

Source: CSO 2006

Provincial estimates show that Lusaka Province consistently emerged the least poor region, although it has been experiencing substantial increases in poverty incidence. In 1991 the incidence of poverty in Lusaka Province was 31 percent. It then increased to 39 percent in 1993 and decreased to 38 percent in 1996. Conversely, there was a sharp rise from 38 percent in 1996 to 53 percent in 1998. This was followed by a sharp decline of 24 percentage points in 2006, says the Survey. Generally, the incidence of poverty reduced between 1991 and 2006 in almost all the provinces except in Central, North-Western and Western. Western province consistently

Zambia: Violations of Economic, Social and Cultural Rights, Violence and the Protection Against Torture Report on the Implementation of the Convention Against Torture by Zambia-Geneva, October 2001.


emerged as the poorest province in all the six surveys. In fact the incidence of poverty in Western Province remained the same (84 percent) in 1991 and 2006.
1991 Provinces Incidence of Incidence Incidence poverty of poverty of poverty Central 70 81 74 Copperbelt 61 49 56 Eastern 85 91 82 Luapula 84 88 78 Lusaka 31 39 38 Northern 84 86 84 North 75 88 80 Western Southern 79 87 76 Western 84 91 84 Incidence of poverty 77 65 79 82 53 81 77 75 89 Incidence incidence of poverty of poverty 76 72 56 42 70 79 79 73 48 29 74 78 76 69 83 72 73 84 1993 1996 1998 2004 2006

Employment (2006) In fact, CSOs monitoring the Living condition such as JCTR observes that Zambia has for a long time had a persistently high number of people who were food insecure. It is observed that the 2006 Living Conditions Monitoring Survey, 51% of those classified as poor did not have access to adequate, safe and nutritious food to meet their dietary needs for an active and healthy life. Realising the economic challenges that the country has undergone in the last four years, the Central Statistic Office, as mandated by government is conducting an updated survey on the same. However, civil Society Organisations (CSOs) working on Economic, Social and Cultural Rights have on an annaul basis been monitoring the proceedings of economic activities. The Jesuit Centre for theological Reflection (JCTR)s Urban Basic Needs Basket (BNB)7 exhibits a clear case of reduced food prices, particularly cereals, in the post-harvest season 2009. Conversely, the prices increase towards the end of the year as stocks are depleted. Other food items on the urban BNB such as greens also exhibit seasonal price fluctuations depending on availability. The main non-food item affected by seasonality is charcoal, an alternative to electricity an essential element for the right to food owing to its importance for cooking, which rises in price during the rainy season.
The Basic Needs Basket is the most cited statistical tool for various purposes in Zambia and produced by a Faith Based Organisation Jesuits Centre for Theological Reflection (JCTR). It gets regular and wide dissemination (published in newspapers, NGO newsletters and periodic reports, cited in scholarly studies, and circulated in government offices, international organizations, embassies, trade unions and businesses). Some trade unions have brought the monthly food basket into their wage negotiations in arguing for increases to meet basic needs. It is a tool that receives wide attention and stirs a lot of discussion.


The organisation says that this seasonality of prices has been attributed to the behaviour of the prices of food in the July 2009 BNBs. According to JCTRs Food Basket, the overall cost of food for cities like Lusaka for the month of July was recorded at K784,500 (USD 170) representing a nominal increase of K45,000 (USD 9.7) over the June figure of K739,500 (USD 160). The increase was influenced by the rise in prices of green vegetables, tomatoes and onions attributed to difficulties that arise with growing vegetables in winter. However, high prices have been compounded by the unrelenting influences of the unprecedented global food crisis. In Ndola Town of Copperbelt province, the cost of food was K837, 210 (USD182) in July compared to K825, 170 (USD 179) in June while Livingstone town of Southern Province recorded K805, 950 (USD175) compared to K791, 550 (USD 172). Food items in Solwezi town of North Western Province cost K804,450 (USD 174), K764,850 (USD 166) in Kitwe Copperbelt Province, K758,040 (USD 164) in Monze, K739,830 in Mongu, K728,690 in Kabwe and K721,200 in Kasama. JCTR 2009 Zambias staple food is maize and the current standings are stipulated in the diagrams below: Diagram one and two: Kasama and Kitwe


Diagram one and two: Lusaka urban and Mansa


Diagram one and two: Mongu and Mansa

Source: Famine Early Warning Systems Network 2010

These figures reveal the extent of the challenge poor households face in meeting their basic needs. When the costs of housing, transport, energy, soap both wash and bath, etc., are added, the challenge becomes bigger. This has got an effect on economic accessibility as recognised in the general comment no 12: Economic accessibility implies that personal or household financial costs associated with the acquisition of food for an adequate diet should be at a level such that the attainment and satisfaction of other basic needs are not threatened or compromised. Economic accessibility applies to any acquisition pattern or entitlement through which people procure their food and is a measure of the extent to which it is satisfactory for the enjoyment of the right to adequate food. Socially vulnerable groups such as landless


persons and other particularly impoverished segments of the population may need attention through special programme8s The cost of essential non-food items in Lusaka was K1, 442,330 (USD 313.55) bringing the total BNB to K2, 226,930. This high cost of living plays an important role in exacerbating hunger (JCTR 2009). The volatility and intensity of seasonal hunger is even more intense in rural areas. The peak hunger season mainly September to February leads to a reduction in food intake by most families. During this period, most poor households experience a combination of micronutrient and protein deficiencies, which ultimately leads to stunted growth in children and reduced productivity in adults. These deficiencies have been confirmed by the JCTRs rural basket research, which shows a low average calorie intake of 1,600 per person per day against the recommended 2,400 calories per person per day. Table 1: Events which could affect the food security outlook

Geographic Focus Area

Possible events in the next 6 months that would change the most likely scenario in this area Excessive rains resulting in serious flooding

Impacts on food security conditions

Likelihood of occurrence

Key variables to monitor

This would negatively affect food security and could create stress through loss of stored food, areas cut off from markets, and health risks (water contamination) It would entail partial submersion/loss of crops, reducing the May harvest substantially.


Rainfall performance (distribution and intensity), and crop conditions

Northern Region

Abnormally high cereal prices due to market shortage

Non-availability of early foods before the main harvest Reduced access to staple food during the hunger period, especially for poorer households as earnings from

Cereal and cassava and cassava prices

GENERAL COMMENT 12 The right to adequate food


Excessive rains resulting in serious flooding

Central Region

labour sales will be inadequate to purchase expensive cereal. This would negatively affect the food security conditions in this region and could create a food security stress through loss of stored food, areas being cut off from markets, health risk (water contamination) It would also entail partial submersion/loss of crops reducing harvest in May substantially. Non availability of early foods before main harvest Reduced access to staple food during the lean period especially for poorer households This would substantially reduce both the green harvest and main harvest and therefore entail food access problems for many households in the valley area Fewer people able to work in exchange for food, and therefore food assistance would be needed as early as June.


Cereal prices, rainfall performance, crop conditions

Abnormally high cereal prices on the market

Reduced livestock Prices Prolonged dry spell resulting in agricultural drought condition Prolonged dry spell resulting in drought conditions

Southern Region, especially the extreme south


Crop conditions, Labor demand, rainfall performance

Low labor opportunities due to dryness as better off households hold on to their stocks Drying of water points, poor pasture

Livestock conditions

Entails moving livestock longer distances and risking disease outbreak

Very unlikely

Probability levels Very unlikely Unlikely Source: Famine Early Warning Systems Network 2010

Description Could occur in the time period if conditions changed significantly Could occur in the time period if conditions changed moderately

Cyclical seasonal hunger is a phenomenon which needs substantial remedial action if chronic poverty in both urban and rural areas is to be reduced. Indeed, the JCTR Urban


and Rural Baskets have shown that there is a high correlation between availability of food in rural areas and affordability in urban areas. Clearly, meeting these challenges is contingent upon government implementing policies that smooth effects of expected and unexpected hazards. Guideline 8B: Land Zambia is landlocked, occupying a near central position on the Southern African subcontinent and covering an area of 752,620 square kilometers, which is approximately 2.5 percent of the continent's total area. The total arable land available for agriculture is estimated at 42 million hectares but of this 36,000 hectares (0.1%) is currently utilised for cropland and about 6% pastureland. Land is a primary resource that men and women in Zambia depend on for their livelihood. From generations to generations, land has been hailed as the greatest resource and indeed the backbone of wealth in many African communities, whether urban or rural. Land is the focal point of economic growth poverty eradication and the general improvement of livelihoods. To the investor, land has been the basis of wealth; to the farmer, a basis of production and down to the ordinary man, a source of pride. Mulenga (2005) observed that that land is a primary resource that men and women in Zambia depend on for their livelihood. She further asserts that land is a source of food, shelter, social status and power including religion and cultural aspects. About 60 percent of Zambia's population depends on agriculture for its livelihood. However, the contribution of agriculture to the national Gross Domestic Product (GDP) has been very low due to over-dependence on mineral resources from the extractive industries. But, with the decline in the mineral sector and the liberalization of the economy since 1991, agriculture is increasingly becoming an important sector for economic development. Zambia is among the many countries of the world that is facing severe problems related land administrations under their current tenure systems. The most prevalent ones include Environmental degradation, landlessness, squatting, inadequate public revenue and rural poverty (Kambenja, 1997).

LAND TENURE This is the process of acquiring and possessing of land by individuals. There are four types of land tenure in Zambia namely: 1. TRADITIONAL LAND This is land controlled by traditional chiefs on behalf of the people. Individuals or families have the right to use the land but not to sell it. This land is inherited according to


existing customary law. 2. FREE HOLD This is reserve land especially on the unproductive land. Mostly used as collateral before independence. 3. STATELAND This is the acquisition and control of land by the president in public interest. This is administered by the ministry of Lands which issues title deeds in collaboration with the council. 4. LEASEHOLD This is the statutory lease of land for a maximum period of 99 years. This also requires the consent of the president. Certificates of title are also issued. Approximately 94% of the country is officially designated as customary Area. It is occupied by 73 tribes, headed by 240 chiefs, 8 senior chiefs and 4 paramount chiefs (Chileshe, 2005). Usually, tenure under customary lands does not allow for exclusive rights in land. No single person can claim to own land as the whole land belongs to the community. Land is deemed as belonging to members of the community for their own use (Republic of Zambia, 1995). It is a valuable heritage for the whole community. Communal lands in Zambia have sprung from a concept of ancestral trust committed to the living for their own interest and for the interest of the unborn. However, compared to other pieces of legislation, the 1995 Land Act is a fairly straightforward statute containing a total of only 32 sections. Previously, the issues of land were regulated by a host of statutes including the following. The Conversion of Titles) Act, 1975 Cap. 289.; The Zambia (State Land and Reserves) Orders, 1928 to 1964; The Zambia (Trust Land) Orders, 1947 to 1964; The Zambia (Gwembe District) Orders, 1959 to 1964 and The Western Province (Land Miscellaneous Provisions) Act, 1970.

Most of these statutes hail from the colonial period. Colonialism had a lot to do in shaping Zambia's system of land law. Different Ordersin-Council, which governed the country's land tenure system up to 1995, had been introduced by the colonial legislature way before independence. However, in order to pave way for the new Land Act, all these pieces of legislation were expunged from the statute book save for stipulated exceptions. Consequently, the above statutes were repealed and their different functions harmonised and tucked under a single liberal statute, the 1995 Land Act.


The draft Constitution (Mungomba), which is under review by the National Constitutional Conference (NCC), addresses many of the concerns. The concern about governance of State land is to some extent addressed through the establishment of a Land Commission. However, the governance of customary land remains a serious concern, especially as the majority poor live in the rural areas under customary land administration. Therefore, as a strong support for the establishment of a Land Commission, civil society, through Zambia Land Alliance (ZLA), has made some proposals on how to better protect land rights and strengthen customary land, its administration and the land rights of the people living in rural areas. Farmers organisations like the Eastern and Southern Africa Farmers Forum (ESAFF) have also on the other questioned why women who are the most productive persons in the farming fraternity are not being given the absolute power to own land especially in customary land tenure system. ESAFF are on record to have also called for the enhanced of governance in the administration and management of land through democratic structures that are easy to access and close to the people and raise awareness and enlighten traditional leaders and communities on the procedures of processing title deeds. ZLA says, in the Zambian Constitution, the following ideals must be promoted and no law should be made to undermine or cause to change, alter or remove or discard these ideals: The upholding of dual land tenure system [customary and lease hold tenure] Customary land rights and administration should be strengthened and protected, and brought to parity, in recognition with the statutory land rights. The Zambian people who are the real owners of the land shall participate fully in land governance and administration. Protection of land rights for special interest groups; women, persons with disabilities, the youths and orphans shall be enhanced. Protection of the commons natural parks, water bodies, wetlands, river frontages, grazing land, dambos, watering points, and forests as a source of life support system, should override any other interests and consideration. Protection of land of significant biological, cultural and/or hydro-geological importance (catchment areas, seepage points etc) should be enhanced. Provision for rights of occupancy should be established and protected. Development of land information system should be an integral part of land administration and should be available to members of the public at the local level. Land delivery systems should be predictable, transparent and timely. Land market should be regulated to protect the poor and private investments


that promote the common good of all. Land use planning and management should be localised and linked to governance Provision and availability of planned and serviced areas should be the basis for affordable and decent housing. Number and size of parcels of land an individual is allowed to hold (with a qualification on the number of grants an individual should receive from the State/President/ Lands Commission/local land committee) must be limited.

Further, after prolonged delays, the Government recently unveiled the Revised Draft Land Policy (Draft Policy) 2006. Zambia has had no comprehensive land policy since independence. Therefore if this is finally adopted, it will be the very first time in the Zambias independent history that the country has a national land policy. Given that Zambia operates a dual land tenure system, it is not difficult to imagine the myriads of challenges that confront individual land seekers trying to obtain a piece of the national cake. However, as the Government recognises land and human life in its current Land Policy document as essential. Land is the biggest asset and forms the basis for all human survival in terms of social and economic development (GRZ, 2002). Fundamental as land may be to all humans, and despite being the majority among land users, women in Zambia do not enjoy the same rights to land as men. Women are the major producers of the nations food, yet they are the majority among the poor. Women, particularly those voiceless ones, based in remote rural areas have consistently been left out in legal and policy formulation processes, let alone in implementation, both historically and to the present. Further Kariuki (2006) argues that the problems with land and women range from tenure disputes, unsuitable land legislation, land administration, to land grabbing and invasions. Nsemiwe (2006) asserts that in Zambia, customary practices such as inheritance systems contribute to the inequality of land distribution. Cultural beliefs have not ceased to sideline women in terms of access to land although several attempts have been made to sensitize communities on the importance of ownership of land by women. Laws on customary inheritance have been a major determining factor to accessing land by women.


The Zambian land legislation has formally recognised the importance of land ownership by women and has allocated 30% of state land for women (GRZ, 1995). However, customary law remains silent on the matter. Investors Access to Land Amidst this cry for access to land by the vulnerable groups in the community, there has been an overwhelming demand for land in customary areas by both local and foreign investors. The perception of the Zambian government has been that in order to develop, there is a need to open up customary land for foreign investors (Zambia Land Alliance,2005). Investors are able to access land in customary lands through written consent from the chief to hold land under leasehold system. Planning authorities are required to draw site plans for the areas and the committee interviews the applicant. Upon success, the council secretary recommends the allocation of the unnumbered plot to the ministry of lands. Once the procedure is complete, the plot immediately changes from customary to state land. It is worth noting at this point that under the current land tenure system, there is no provision for land that has been converted to state land to be reconverted to customary land (GRZ, 1996). The current demand for land in Zambia calls for the conversion of customary land to state land to meet future land requirements (Kapijimpanga, 2002:1). There is every reason to fear that that with this high demand for customary land, the local people will have problems in accessing their own land. It is becoming more apparent that without stern and effective allocation systems in customary lands, access to land by the locals is threatened. The conversion of customary land to state land has created conflicts in many rural areas of Zambia. Following the implementation of the Land Act 1995, the government failed to pass any statutory instruments- the rules and procedures that govern the administration of land (Adams, 2003). It has been observed in areas converted for tourism purposes, under the premise of market based land reform that local people have lost full access common pool resources upon which they have depended for their livelihood (Southern Guardian, 2005). For example, some villagers in rural areas have found themselves squatters overnight after their land was converted to private land by investors. The Times of Zambia on 22nd August 2002 carried a story headlined Displaced in my own country? It is the story of the people of Kasembele village who woke up one morning and found themselves as squatters. From 1920, the people of Kasembele village have lived on this land, planted over 320 mango and guava trees, which they used as a medium of exchange with people who cultivate their maize. This had been their livelihood until Thomas Edward Roberts came and ordered the villagers to vacate, claiming he had bought the farm.


Native families were given marching orders claiming they were illegal squatters. Out of desperation, some families left the village after being compensated with K 1 Million each (approximately USD 217) to begin new livelihood. The results were women and children sleeping at the nearest graveyard (Times of Zambia, 2002). Land conflicts such as those in Kasembele Village are occurring all over Zambia, highlighting increasing tensions between customary and private land rights. These conflicts have been sharpened by the process of economic reform, including the liberalization of land markets, which has seen wealthy Zambians and foreign investors buying up land previously held under customary tenancy by the rural poor. Simwanza (2006) asserts by stating that: It is common knowledge that any investor invests first to serve his interests before serving your interest. In fact what we are experiencing is a situation where investors are using cheap labour and our land, first and foremost to maximize a profit which is later externalized. They would rather grow flowers than food for the starving Zambians. If the major intention is to develop, why then should they invest in areas where there is existing development, why not invade bare land? (Simwanza 2006) Guideline 8C: Water Zambia has targeted to achieving 75% coverage of water service provision in rural areas and 100% for the urban areas by the year 2015. This is envisioned in the HUG 2000 declaration. Zambia has also identified full cost recovery for water supply and sanitation services as a policy principle. Unlike many other countries in the region Zambia has more than adequate water resources. The main problem is not availability of water resources, but inadequate access to improved sources of water supply. The annual rainfall averages between 1400 mm in the north and gradually declines to 700 mm in the south. The country is rich in rivers, such as the trans-boundary Zambezi and lakes Tanganyika, Mweru and Kariba. It is estimated that only 1.5% of the annual renewable water resources are being used at present. There are significant regional differences across the country with regard to place and time when water is available. Also groundwater availability is unevenly distributed. During the dry season water resources may be scarce, especially in the southern part of the country. Responsibilities in the sector are clearly separated between the Ministry of Local Government and Housing (policy), National Water Supply and Sanitation Council (economic regulation) and local government as well as commercial utilities owned by local government (service provision in urban areas). The Ministry of Local Government and Housing is in charge of sector policies. Within the Ministry, the Department of Infrastructure and Support Services (DISS) is responsible for water supply and sanitation infrastructure planning and resource mobilization. DISS


has established a specific Rural Water Supply and Sanitation Unit (RWSSU) in 2003 and shortly thereafter also a unit for peri-urban water supply and sanitation. According to the 1994 National Water Policy seven principles govern the state's policy in water and sanitation According to the 1994 National Water Policy seven principles govern the state's policy in water and sanitation Separation of water resources management from water supply and sanitation Separation of regulatory and executive functions Devolution of authority to local authorities and private enterprises Achievement of full cost recovery for the water supply and sanitation services in the long run Human resources development leading to more effective institutions. The use of technologies more appropriate to local conditions Increased budget spending to the sector

Economic regulation of water supply and sanitation services is the task of the National Water Supply and Sanitation Council (NWASCO). It oversees tariff adjustments, minimum service levels, financial projection and investment planning and corporate governance. NWASCO has made significant progress in benchmarking, reporting and engaging users despite being underfunded and understaffed9. However, its effectiveness remains limited, among others because the mechanisms for enforcing regulatory rules remain unclear10. NWASCO's lean structure is augmented by Water Watch Groups and Part Time Inspectors who monitor the quality of service on the ground According to the German Technical Cooperation, NWASCO is so successful that it can serve as a role model for other countries in the region. NWASCO reports to the Ministry of Energy and Water Development, not to the Ministry of Local Government and Housing that is in charge of sector policy. However, despite NWASCO being rated as one of the successful water body in southern Africa, a number of people still are faced with challenges in accessing the commodity. According to 2007 report released by the Zambia Demographic Health Survey (ZDHS) report for reveal that only about 41 percent of the total population has access to clean water. The report reveals that households in urban areas have access to improved water supply sources compared to those in rural areas. According to the report 83 % of urban households have access to clean and safe piped water compared to only about 19% of protected dug well of rural households. The report also explains that more than 56 percent of the total population draws their water from unimproved sources which includes unprotected dug well, rivers and dams among others. Apart from water on land, the other source of water which is seasonal is rainfall.

10 Ibid.


According to the Famine Early Warning Systems Network 2010, the early and timely planted crops should remain in good condition, provided that rainfall distribution and intensity improves during the critical stages of growth, which include flowering and fruit formation. Still according to the Famine Early Warning Systems Network 2010, the extreme southern parts of the country areas are the most likely to be affected. In some valley areas such as Siavonga, Gwembe, and Sinazongwe, there have been reports of significant delayed planting, which could reduce the already normally low harvests Metrological Department 2010. However, the effects on food security will be mostly felt in the 2010/11 marketing season through a reduced harvest, mainly after June. For southern Zambia, the persistent reduced rainfall has reduced green harvest, when normally seasonal foods such as squashes and green maize become available, reducing pressure on maize in rural areas. Guideline 8D: Genetic resources for food and agriculture Zambia possesses a wide range of local genetic resources of cultivated plant species, their wild relatives and some useful wild plant species. There are approximately 100 plant species that are cultivated in Zambia. Of these, about 15% are indigenous crop species including sorghum, millets, cowpea, Bambara groundnuts, sesame and traditional vegetable species. About 75% are exotic species, 7% of which were introduced and are fully integrated into the local farming systems and adapted to the local conditions. These crops include maize, beans, groundnuts, cassava, sweet potato, mango and avocado pear. Traditional crops namely sorghum, finger millet, pearl millet and cowpea as well as the locally developed varieties of maize, beans, cassava, sweet potato, groundnuts and pumpkins could be singled out as important cultivated crop species grown for food in Zambia. Other locally available useful plant species in Zambia are wild relatives of rice, cowpea, sorghum, cucurbits, kenaf and sesame. However, the extent to which these resources have been used locally in crop improvement programmes is limited. There is also a wide range of indigenous vegetable species that occur as wild, semi wide and as tolerated useful weeds include amaranths, Bidens pilosa (Black jack), Cucumis spp. Cleome gynandra (Cats whiskers) and Corchorus spp. (Jute). Other leafy vegetable species that could be classified as tolerated weedy species are Celosia trigyna, Ceratotheca sesmoides, Cissampelos mucronata, Cleome hirta, Cleome monophylla, Commelina africana, Gallinsoga parviflora and Portulaca oleracea. Ethnic and cultural diversity continue to play an important role in the development and perpetuation of certain crop species and particular varieties within species. Certain crop species and varieties are associated with particular group(s) of people because of one reason or the other. For example, the Tumbuka people of Lundazi district in Eastern Province have maintained a brown bean variety for generations. This particular bean variety is red to brown seeded and provides good flavour when cooked. Certain maize


varieties namely Gankata & Siluntuba are associated mainly with the Tonga people of southern province. Siluntuba is characterized by large, white, dent and floury grains. However, unlike Gankata, and Kampelya, which are the other local maize varieties in Southern province, Siluntuba is prone to pest and disease attack in storage. Besides being resistant to storage pests such as weevils, Gankata grows and yields well in a wide range of soils. Hapungani and Hickory king, also maize varieties among the Tonga people like Siluntuba are characteristically large grain type. The Bemba and Senga people of Chinsali and Chama districts of Northern and Eastern provinces respectively have maintained one variety of finger millet known as Ntanga in Senga, because of its early maturing attributes and thus ability to provide food early in the year. The Lala people of Central province have maintained Livingstone potato for its food and economical value. Table: Some of the Cultivated Plant species found in Zambia under three main Category 1. Indigenous Species Sorghum Finger millet Pearl millet Cowpea Bambara Groundnut Sesame 2.Locally naturalised exotic Maize Beans Groundnuts Cassava Sweet potato Mango Avocado Soya bean Wheat Strawberry Includes introduced exotic crops that have been under cultivation for long enough a period as to have evolved some useful adaptive variation and are integrated in the local farming system These are considered to be of recent introduction and have not evolved much local adaptive variation and not integrated into the local traditional farming systems Remarks Includes crops with wild relatives occurring in Zambia and those domesticated within Africa

3.Recently introduced exotic crops


However these traditional landraces, weedy and wild relatives of crop plants are continuously being lost or threatened with loss due natural and human driven factors. One of the most important causes of this loss is the introduction of improved varieties. While this is desirable for increased crop productivity, it tends to narrow the genetic base


making crops more vulnerable to disease epidemics and other vulgaries of nature. Taking this into account, the Government is compelled to put in place deliberate measures aimed at the conservation and sustainable utilisation of the locally available crop germplasm, hence the creation of the Zambia National Plant Genetic Resources Centre (NPGRC). The NPGRC is the designated National Focal Point (NFP) for implementing and monitoring the GPA for the conservation and sustainable use of PGRFA. The roles and responsibilities of the National Focal Point include among others ensuring that agreed standards on PGRFA information are adhered to and where necessary proofread the collected information to ensure compliance. The overall objective of the National Programme on Plant Genetic Resources is the long-term support of agriculture in general and crop development and improvement in particular thereby contributing to the ultimate purpose of improving the quantity and quality of crops for food security and poverty alleviation. To achieve the above objective the organisation strive to mobilize and conserve the maximum genetic variability of the indigenous and locally adapted crops, their wild relatives and the useful wild plant species so that they are available for both present and future use. The National Plant Genetic Resources Programme is co-ordinated by the Ministry of Agriculture and Cooperatives (MACO) through the Zambia Agriculture Research Institute. Since its establishment in 1990 NPGRC has been gathering information and taking stock of crop genetic variability existing both as germplasm collections and that still available in the field. Collection expeditions have been undertaken covering almost all parts of the country and involving all the major traditional crops, some of the minor crops and wild. The following are the major activities under the programme (NPGRC 2010). NPGRC further states that crops that have been collected include maize, sorghum, millets, rice, finger millet, pearl millet, cowpea, bean and groundnut. Major roots and tuber crops (cassava and sweet potato) and indigenous/local vegetable species have also been collected. Over 2000 germplasm accessions of different crops have been collected since the inception of the national programme. The collection has however not been done for all areas and crops and other plants relevant for food and agriculture. Current collection effort is aimed at gap filling in terms of geographical and crop diversity. On conservation of the collected crop/plant material, NPGRC reports that there are basically two methods for the conservation of plant genetic resources namely; in-situ and ex-situ. The main method used at the National Gene bank is the ex-situ and involves the storage of seed samples and to limited extent maintenance of living collections for such crops like cassava and sweet potato. The ex-situ conservation of seed samples involves drying seeds to moisture contents of below 8% and storage at temperatures of -20C after hermetically sealing in aluminium foil bags. The seed samples are periodically tested for germination test to see if there is any change in seed viability. For most crops seed regeneration is recommended if the germination is below 85%. There are also some activities relating to the promotion of on-farm conservation that have been initiated in the programme These activities involve farmer participation to managing their genetic resources with a pilot site in Rufunsa, Chongwe district.


Further, with a bias towards traditional or local vegetables which mainly include many species which are wild, semi-cultivated or are protected in some way, vegetables have
received comparatively low priority since the inception of Zambia's National Plant Genetic Resources Centre in the early 1980s. Emphasis has been directed toward the major traditional staple food crops, such as Sorghum bicolor, Eleusine coracana, Pennisetum americanum, Zea mays, Vigna unguiculata, Arachis hypogea, Phaseolus vulgaris and Vigna subterranean

according to the second report on the state of plant genetic resources for food and agriculture 2008. The report further states that these represent 50% of the total collection. Only a few accessions
of some vegetable species (Amaranthus spp., Corchorus spp., Solanum spp., Cleome gynandra, Abelmoschus esculentus and Brassica spp.) are conserved in the national genebank. Not enough has been done in terms of inventory, collecting, characterization and documentation.

This is saddening as the majority of rural people in Zambia rely on traditional vegetables for their relish. G.P. Mwila D. Nguni A. Phiri 2008 In a rural survey, it was found that traditional vegetables were used by 52-95% of the respondents (Ogle et al. 1990). The diversity in traditional vegetables offers variety in family diet and helps ensure household food security. More than 175 different species have been documented as local vegetables in Zambia (Johansson 1989; Ogle et al. 1990). Among the more prominent species are Amaranthus spp., Cleome spp., Corchorus spp., Disa satiria, Solanum aethiopicum/macrocarpon, Ipomoea spp., cassava, Zanthoxylum chalybeum, various cucurbits and Ceratotheca sesamoides. Apart from the major species, there are a large number of 'minor' vegetables known by fewer households and used less frequently. Many traditional vegetables are specific to particular areas and ethnic groups. Further Traditional farming systems have played an important role in preserving genetic diversity (MAFF 1995). Most traditional cultivation practices include passive conservation of semi-cultivated or wild relish species. The future plans of the national plant genetic resources programme include the establishment of community-based conservation activities, which may require technical and financial assistance from the national, regional and global levels. A vegetable crops working group is in place in Zambia to advise the national programme on technical issues. A meeting was also held recently to form a regional working group on vegetables. The mandate of the regional working group includes the planning and monitoring of conservation work on vegetable species. The manner in which certain traditional vegetable species are exploited makes them vulnerable to extinction. This is especially true of the root vegetable and shrub species, the harvesting of which involves destroying the entire plant. There are threats of extinction due to land clearing for agriculture, urbanization and overgrazing. Unfavourable weather conditions such as droughts and extreme temperatures have been experienced in recent years and these have affected populations of some semi-wild and wild species. Traditional vegetables are often associated in people's minds with backwardness and feeding habits have therefore been changing of late in favour of exotic 53

vegetables. There is generally inadequate knowledge on the importance (e.g. nutritional) of vegetables, leading to neglect. Most traditional vegetables are specific to areas and ethnic groups and are highly seasonal. All these attributes render them less attractive to development efforts, including conservation activities. There is a need to mobilize staff and financial resources at the national level to strengthen the activities of inventory, collecting, characterization, evaluation and documentation of traditional vegetables. For this, capacity-building will be needed in the areas of botany, taxonomy and biotechnology. Promotion of community participation and public awareness of genetic resources and other biological diversity issues needs to be stepped up at the same time. This should also include support to traditional knowledge systems especially in the selection and exchange of seeds. International and regional collaboration will be required to develop effective strategies for conservation.

Guideline 8E: Sustainability Zambia's ecosystems are diverse and support many livelihoods. However, urgent measures need to be taken in order to protect the environment and prevent the degradation of natural resources. Zambia aims to approach its environmental sustainability challenges through the integration of MDG principles in its national development agenda. Forests in Zambia cover about 60% of the total land surface area. An estimated 3,000 flora species and around 3,500 fauna species subsist in protected areas, which account for 40% of the total territory. Zambia has developed several programmes focused on regulating pollution rates, promoting conservation through national parks and biodiversity reserves and developing strategies towards the efficient use of energy in the country. Despite these important efforts, there is a prevalent weak institutional capacity to enforce environmental laws and to coordinate efforts aiming to manage trans-boundary natural resources. Nonetheless, Zambia is participating in the Genetic Resources Policy Initiative (GRPI), an IPGRI/IDRC project involving five other countries in three regions. The main objective
of GRPI project is to: Strengthen the capacity of national policy makers in Southern countries to develop comprehensive genetic resource policy frameworks using multi-sectoral, multi-stakeholder, multidisciplinary approach.

Various government departments in Zambia currently implement approximately 9 sectoral policies and pieces of sectoral legislation with direct effects on environmental management in Zambia. However, without a national environmental policy, Zambia faces challenges to the effective implementation of its obligations under the Rio Conventions on Biodiversity, Climate Change and Desertification. In 2005, to address this problem, UNDP and the Ministry of Environment, Tourism and Natural Resources began the National Capacity for Self-Assessment (NCSA) process, with support from the GEF, and 54

project financing of USD 321,000. This 18-month assessment aimed to identify, analyse and priorities Zambias national capacity constraints and needs in relation to implementation of the Conventions that will contribute to poverty reduction and the MDGs, and to prepare a national strategy and action plan for developing the capacities needed to address global environmental management challenges and to fulfil national obligations under the Conventions. Unfortunately this has not materialised. The NCSA process envisaged to tighten gaps in legislative actions, fostering a more efficient approach to environmental protection, while demonstrating sustainable use of biodiversity and, ultimately, the return of Zambias prosperity. The country is also in the process of formulating National Environment Policy with support from UNDP. According to UNDP 2006, the policy will adapt international conventions on environmental protection and natural resources management to the national level and develop gender mainstreaming tools for the environment and natural resources sector. The country is also participating in a regional methyl bromide (Me. Br.) phase-out project, implemented by UNDP for low-volume consumers in Africa. This project provides policy-strengthening assistance to prevent the introduction of Me. Br. use in the country. UNDP is promoting the conservation and sustainable use of globally significant biodiversity in Zambia. Policy and governance, institutional capacity, and protected areas management are key drivers in safeguarding Zambias ecosystems from human-induced pressures. UNDP 2006 Further a National Protected Areas System is being developed, with the active participation of the public and private sectors, local communities, and civil society organizations. To promote the adoption of sustainable land management practices in Zambia, and improve rural livelihoods. Lastly, as provided in this guideline, Zambias drive towards fulfilling the provisions of this guideline and meeting goal such as MDGs faces many challenges. In the case of MDG 7, one of the critical challenges is the restoration of the environment that has been much degraded through loss of biodiversity, soil erosion, water pollution and poor disposal of solid waste. However the support being rendered by UNDP, complemented by the GEF, provides strategic and catalytic support for effective management of the environmental sector. Guideline 8F: Services The realisation of the right to food requires the creation of supportive services that would complement on the already exiting initiatives. In Zambia, the provision of extension services has been emphasised in the in Agricultural Market Development Plan (AMDP) The government has recognised that the development of the agricultural sector is key to economic growth and poverty reduction in Zambia. The further development of agricultural markets would contribute to the revitalization of the agricultural sector. In the past, the government has instituted various programmes to encourage agricultural production but the development of agricultural markets was not sufficiently emphasised (AMDP 2004). 55

Despite this realization by government, disaggregated data on the number of Programmes rolled out in providing extension services across the country is unavailable due to absence of a comprehensive data system in the country.

Other national services supportive of the right to food in Zambia include the provision of Universal Primary Education (UPE). In 2002, the Government declared that education would be free for all pupils from grades 1 7. All user fees were abolished, and uniforms were no longer compulsory. Schools would still be able to raise funds, but no child could be denied access to school on account of costs. This followed sequencing of different policy pronouncements and documents Education indicators in Zambia
Education Youth (1524 years) literacy rate, 20032007*, male Youth (1524 years) literacy rate, 20032007*, female Number per 100 population , 2007, phones Number per 100 population , 2007, Internet users Primary school enrolment ratio 20032008*, gross, male Primary school enrolment ratio 20032008*, gross, female Primary school enrolment ratio 20032008*, net, male Primary school enrolment ratio 20032008*, net, female Primary school attendance ratio 20032008*, net, male Primary school attendance ratio 20032008*, net, female Survival rate to last primary grade (%) 20032008*, admin. data Survival rate to last primary grade (%) 20032008*, survey data Secondary school enrolment ratio 20032008*, gross, male 83 68 22 5 121 117 94 94 80 80 75 80 46


Secondary school enrolment ratio 20032008*, gross, female Secondary school enrolment ratio 20032008*, net, male Secondary school enrolment ratio 20032008*, netm female Secondary school attendance ratio 20032008*, net, male Secondary school attendance ratio 20032008*, net, female

41 44 38 38 35

Despite the rise in enrolment rates in grade one to seven due to the free-education policy, challenges such as limited infrastructure and resources still persist. Education Minister, Dora Siliya, recently maintained that there were inadequate schools and that Government was determined to build more schools as a way of reducing the number of school dropouts. The number of school drop-outs in the country is still high, despite the introduction of the free basic education programme aimed at improving access to education for all. In 2004, Government introduced free education from grade one to grade seven in all governmentrun schools (Times of Zambia 2010). "Inadequate schools is part of the reason why so many pupils had to drop out of school, not because they were not intelligent, which is why the Government has decided to do away with the cut off point policy and started building more schools," said education Minister, Dora Siliya, Infrastructure development in the education sector is one of the major challenges hampering success. Guideline 9: Food safety and consumer protection
Food control is an activity or chain of activities that ensure the quality and safety of food. Due to the large increase of population and natural calamities like droughts, the capacity of food production in the country is below the national requirement in food consumption. Therefore food on our markets is either produced locally, imported or available through international food relief. Modern farming methods are employed which use different chemicals in order to boost farm production. Most of these chemicals are toxic to humans and other animals.

Research carried out to estimate the toxicity of pesticides has revealed that they cause damage to the organs of the body such as liver, kidney and brain. Food processing industries are mostly profit oriented. They use techniques such as food preservatives, food colouring and anti-oxidants or irradiate the food. Most of these activities have severe effects on the safety of food. The hygiene of most foods handlers leaves much to


be desired exposing food to microbiological contamination. Fraud in food and Drugs trade is as old as life itself e.g. grain (FAO/WHO 2005)11. The food that reaches the consumer is therefore of questionable quality and risk. The Government of Zambia has recognised the vital role that an integrated food quality and safety system of food suppliers plays in enhancing competitiveness and protecting the health of consumers. Various ministries are involved in food control systems as shown under guidelines 5 and 6. In addition, the National Food and Drug Control Laboratories conduct a variety of tests on food and water. Among these are microbiological examinations and analysis of chemical contaminants and pesticide. However, the labs are currently unable to analyse for certain pesticide residues, antibiotics, and food colours such as Sudan 1, 2 and 3, My cotoxins and GMO products (FAO/WHO 2005). Food safety issues need to cover both food imports and exports. Exports are sources of foreign exchange to the nation; hence there is the need for proper application of relevant pesticides and monitoring of residue levels. Efforts made by the Zambia Export Growers Association to train its members on safe use of pesticides are one approach which should be complemented by a mechanism for monitoring pesticides residue levels. Locally, improving Food Safety on Informally Vended Foods Projects is a critical issue that is at the fore of debate in the country. The emergence of vendor trading activities owes to the vulnerability of the population due to the impact of HIV/AIDS and unemployment, which has left communities, female and child headed with no option but to vend. These have tended to resort to street vending as a means of improving their livelihoods. The directive to rid the streets in Zambia of street vendor by force using the current status sometimes backfires with disastrous consequences. The need for balancing food safety and livelihood is the only answer to the street vending problem. Zambia has embarked on a pilot project on improvement of food hygiene in informally vended foods. This would also create employment in the informal sector in order to reduce vulnerability and enhance livelihood in the community. The programme includes sensitization of food safety and nutrition issues, and provision of relevant facilities at selected centres for the purpose of ensuring the safety of street foods. Further, within the context of this guideline, government has constituted technical Committees in the quest to promote food safety. Among the committees include the following: Food Safety Committees:-The committees are coordinated by the Ministry of Commerce, Trade and Industry and bring all prayers of food safety under one roof


Analysis of the food safety situation in Zambia-FAO/WHO Regional Conference on Food Safety for Africa - Harare, Zimbabwe, 3-6 October 2005.


including the Ministries of Health and Agriculture and Cooperatives. The committee is not funded and more or les works on an adhoc basis. Sanitary Phytosanitary Committee (SPS): The Committee, coordinated by the Ministry of Agriculture and Co-operatives, is responsible for approval of import and export permits and gives advice on matters relating to human, animal and plant health in international food trade under trade organisation. It has membership dealing with issues relating to international food trade and is responsible for spearheading the requirements of SPS measures.
National Codex Committee: Zambia is a member of the Codex Alimentarius Commission, which is a food standard body responsible for development of food standards for implementation by member countries that are internationally accepted. Unfortunately the country is yet to establish a National Codex Committee, which will spearhead issues related to food safety and Codex work at national level. The focal point for Codex works is the Ministry of Health. To date, it has not been possible to establish the National Codex Committee because of the following reasons: 1. The high turnover of staff due to restructuring and retirement bringing new people without proper handover. 2. Some new structures did not have a provision for food safety. 3. There is no food safety policy and food control unit is not recognized as a separate entity but fused in environmental health. General plans are underway with the WHO for formation of the National Codex Committee, but requires a budget line to sustain the committee. A food safety control system ensures that only the recommended ingredients at the correct levels are used and that consumers are not exposed to toxic chemicals. In Zambia the system has helped consumer to have confidence not only in local processed food but also in the imported foods e.g. fruits and grains. In the 70s and 80s before food safety programmes were effective food exports were low. Currently Zambian sugar and beer are exported in large amounts to neighbouring countries. This has improved productivity and employment opportunities. The quality of beer and soft drinks has improved there by reducing disease burdens. Legal cases between consumers and producers have also reduced. There has been a reduction in food-borne disease especially cholera which used to kill large numbers of people in the shanty compounds in big cities like Lusaka and the Copperbelt. Food safety systems have increased interactions between stakeholders (consumers and producers). Consumer bodies such as the Consumer Association of Zambia have been formed to promote the rights of the consumer and sensitize them on the effects of poor quality food. The consumers now are aware of their right to adequate food that includes food safety. Regulations have been set for each food type and are revised through Statutory Instruments. Under section 12 (e) of the competition and fair trading Act, CAP 417 of the Laws of Zambia being enforced by ZCC, it shall be an offence for any person to supply any product which is likely to cause injury to health or physical harm to consumers when


properly used, or which does not conform with a consumer safety standard prescribed under any law. Local stakeholders such as all local authorities and District Health Management Teams in Zambia are also empowered under the food and drugs Act CAP 303 of the Laws and the public health Act CAP 295 of the laws of Zambia to enforce the prohibition of sale of foods or substances that are harmful to health. Specifically, section 3 of the food and drugs Act states that Any person who sells any food that: Has in or upon it any poisonous or harmful substance; or consists in whole or in part of any filthy , putrid, rotten, decomposed or diseased substances or foreign matter, or is otherwise unfit for human consumption; or is adulterated; Shall be guilty of an offence. This Act also empowers local authorities to seize products which in their view are unwholesome. Since consumer protection in Zambia requires concerted effort, it has been evident that regulators such ZCC and the local authority have been collaborating in the country to ensure that consumers are protected against foods that are unfit for human consumption in line with various statutes (ZCC 2010). Guideline 10 Nutrition Good nutrition is essential for healthy and active lives and has direct bearing on intellectual capacity, which eventually impacts positively on social and economic development of a country. Underlying this principle is the practical application of appropriate diet and healthy lifestyles that are dependent on stable and sustainable food security, quality caring practices, healthy environment and accessible quality health services. Therefore in order to maximise the health and economic benefits sound food and nutrition policies and strategies should be in place (Nutrition Policy 2006). Better nutrition outcomes can be realized when there is a food and nutrition policy. Apparently Zambia has not had one despite the fact that the nutritional status of the population is unsatisfying. This policy is therefore formulated to provide policy guidelines in food and nutrition for the country. The 2006 Nutritional Policy further stresses that the nutritional status in Zambia has been affected by a myriad of factors dating as far back as the early 1970s. A combination of factors including public policy choices, collapse of world copper prices on which the export economy was very dependent, and the burden of national debt have resulted in poor economic growth. This has been exacerbated by the recurrent unfavorable climatic changes of the 1990s, thus reducing Zambia from one of the richest countries in subSahara Africa to one of the poorest countries in the World today. This has resulted in rising trends of malnutrition for example among children under five as can be seen from the table below:


Indicator Stunting Wasting Underweight

1991 ZPS I 39.6 6.9 23.1

1992 ZDHS 40 5 25

1995 ZPS II 48.4 5.7 25.3

1996 ZDHS 42.0 4 24

2002 ZDHS 47 5 28

Efforts to reverse the worsening trends were aggressively implemented in the early 1990s but with the introduction of Structural Adjustment Programme (SAP) during the same period made implementation difficult. This programme entailed removal of subsidies on consumer goods and services, reduction in government spending on social services (education, health, and welfare support) and liberalization of the economy as a whole. In addition, SAP has had negative results associated with declining real personal incomes, inflation and erosion in purchasing power, escalating prices of essential goods and services, rising unemployment due to retrenchments and company closures. Consequently, there has been a decline in health care, education, and unprecedented increase in poverty due to low or none disposable incomes. The social and economic decline has contributed to increased prevalence of young child and maternal morbidity and mortality, growth failure and malnutrition. Malnutrition is caused by a multitude of interacting factors, which usually cut across many sectors. These include food insecurity, prevalence of infectious diseases, lack of care for the vulnerable especially children, environmental, economic and social conditions. The first step towards improving the nutritional status of the population was the establishment of the National Food and Nutrition Commission (NFNC) in 1967 by an Act of Parliament as an advisory body with the broad objective of promoting and overseeing nutrition activities in the country and specifically to: Assess and monitor nutritional status of the population; To support the improvement of nutritional status of the population of Zambia through the health, agriculture, education, community development and other administrations, and the non-profit sector, having a bearing on nutrition; Develop norms and implementation guidelines for various food and nutrition activities; Promote information, education and communication activities; Promote and support in-service and pre-service training of staff whose activities affect nutrition; Promote and perform monitoring and evaluation of nutrition-related services and; Promote collaboration among the above administrations in the domain of nutrition including the preparation and periodic review of a national food and nutrition policy. Nutritional Status The common nutrition problems in Zambia are Protein-Energy Malnutrition (PEM), micronutrient deficiencies and low birth weight. PEM is presented as stunting, wasting, underweight and low birth weight, while micronutrient deficiencies include vitamin A deficiency, iron deficiency anemia and iodine deficiency disorders. 61

The diagram below shows the nutritional status form 2003 to 2008. It highlights status of infant with low birth weight, children breastfeeding, underweight stunting growth, etc. for these years.
Nutrition % of infants with low birthweight, 20032008* % of children (20032008*) who are: Early initiation of breastfeeding (%) % of children (20032008*) who are: exclusively breastfed (<6 months) % of children (20032008*) who are: breastfed with complementary food (69 months) % of children (20032008*) who are: still breastfeeding (2023 months) % of under-fives (20032008*) suffering from: underweight (NCHS/WHO) moderate & severe % of under-fives (20032008*) suffering from: underweight (WHO) moderate & severe % of under-fives (20032008*) suffering from: underweight (WHO) severe % of under-fives (20032008*) suffering from: wasting (WHO) moderate & severe % of under-fives (20032008*) suffering from: stunting (WHO) moderate & severe Vitamin A supplementation coverage rate (659 months) 2008, Full coverage? (%) % of households consuming iodized salt, 20032008* Source: UNICEF 2010 11 57

61 93

42 19





Protein Energy Malnutrition (PEM): Stunting or linear growth retardation is the most prevalent form of PEM in Zambia. The prevalence of stunting currently stands at an average of 53% among children under five years of age (CSO/UNICEF 2000). Wasting rates have remained between 4% and 7% for the under five children in the 1990s with urban areas being slightly worse off than rural areas. The prevalence of underweight in 62

Zambia has remained between 23% and 27% (DHS 1992). According to the WHOs severity index, Zambia is rated critical or very high, for stunting medium for wasting and serious or high for underweight. Overall, an estimated 10% to 13% of children born in Zambia have a low birth-weight. This high incidence is related to poor maternal nutrition before and during pregnancy. According to the ZDHS 1996, 10% of all women of reproductive age surveyed had a low Body Mass Index [BMI: weight (kg)/ 2 height (m )]. About 9% of the Zambian mothers of children under 3 years of age are malnourished, with a Body Mass Index (BMI) of less than 18.5, representing one of the lowest rates among the sub-Saharan countries (DHS1996). Micro-nutrient Deficiencies: Vitamin A deficiency is a public health problem in Zambia affecting especially the poor due to inadequate dietary intake. A 1997 national survey showed a prevalence of vitamin A deficiency of 65.7% and 21.5% in children and women respectively. Night blindness rates were 6.2% for children and 11.6% for women. Iron deficiency anemia is prevalent in Zambia with up to 50% of women attending antenatal clinics and 15% of children under 15 years estimated 17 The National Food and Nutrition Policy to be affected. A national baseline study on the prevalence and aetiology of anemia conducted in 1998 showed that 65% of children, 39% of women and 23% of men were anemic. IDD are common health problems in Zambia. A 1993 national sample survey of primary school children found a goitre prevalence of between 9% and 82% with a national average of 32%. Iodated salt is the major source of iodine in Zambia. Government recognises these problems and challenges in the NFNCP of 2006 and it hopes to address these problems by: ensure that issues of nutrition are properly addressed, the government shall revise, update and harmonise the existing acts that relate to food and nutrition. These include the following: A. The Food and Drugs Act CAP 303, the Public Health Act 195, National Health Services Act, Bureau of Standards Act, Importation Act, Education Acts, Agriculture Acts and any other relevant Acts as may apply. 40 The National Food and Nutrition Policy and B. Create and enact new legislation in areas that have not been covered. Guideline 11: Education and awareness raising Zambia has recognized that good quality education brings many personal, social, economic and educational benefits. The ministry of education in a speech and quoted by the Post Newspaper on Monday 29th March 2010 says it enables citizens especially children to realize their potential, as they develop into complete and integral persons. It promotes desirable attitudes, values, and ways of behavior and opens the minds of pupils to new ideas and methods.


School education in Zambia is divided into primary schooling, which lasts for seven years and leads to the Certificate of Primary Education, and secondary schooling. The first seven years of education, from age 7 to 14, are compulsory. There are three types of high schools in the country - government-run high schools, either day or boarding schools; grant-aided high schools, run by faith-based agencies; and private high schools (boarding and day schools) run by private agencies and individuals on a commercial basis (Republic of Zambia-Ministry of Education, 2005). Higher education is provided by three public universities (one of which only opened its doors in September 2008) and 14 teacher training colleges, which fall under the Ministry of Education, and 227 technical and vocational institutions which fall under the Technical Education, Vocational and Entrepreneurship Authority (TEVETA). Therefore in guiding these fundamental structures in the education sector, government has put in place various relevant pieces of legislation, regulation, and policy to govern education in Zambia. Goals and objectives especially for the higher education sector have been set through consultative processes, involving all stakeholders (including civil society, non-governmental organizations, and corporate partners. In addition, Zambias Poverty Reduction Strategy Paper (2007) identifies a series of broad roles for higher education (Southern Africa Regional University Association-Zambia Report 2007). Higher Education Legislation The Education Act of 1966, supported by the Zambia Statutory Instrument No. 43 of 1993 The Technical Education, Vocational and Entrepreneurship Training (Amendment) Act, 2005 Brief Description Provides a legal framework for the development of the education system in Zambia (basic, high school, college education, and university education) to date. Provides the necessary legal framework for the development of TEVET in general and the establishment of the TEVETA and Management Boards for training institutions in particular. It also provides for the active participation of the private sector in the provision of TEVET programmes in Zambia Provides a legal framework for university education in Zambia. It stipulates the legal requirements for the establishment and governance of university education. It also defines the conditions and parameters for establishing private institutions and for maintenance of academic standards.

The University Act No. 11 of 1999

Source: SARUA 2010

Further the government has shown progressiveness in education budget allocation this year 2010. From the 2009 figure of 17.2% to the 2010 figure of 19.9% of the total national budget, a positive development is to be noted (Chibuye 2010).


Moreover, this allocation is in line with the recommended 20% committed in the Cairo Protocol although it falls slightly short of the 22.4% planned for in the FNDP. If properly applied, the budget certainly will sustain the achievements made so far on the education MDG target (Chibuye 2010). However while the quantitative measure of education expressed through years of schooling is important, the elements of quality measured by the levels of literacy, numeracy and general cognitive development should not be ignored. This is even more so after the latest alarming rates of child health by the Zambia Demographic Health Survey, which revealed that 45% of the Zambian children are stunted, a sign of unbalanced and in most cases inadequate diets. To achieve quality education therefore, more allocation should have been made towards school health and nutrition, particularly scaling up the school feeding programmes. Among other things, successful implementation of school nutrition programmes improves attendance and the cognitive development of children. There are above all crucial elements for the realization of the RTF and for more well being by the people. Further, the need to upgrade education for courses that deal with food and nutrition is a matter of agency. Because, as much as there exist this institutional framework there is a general lack of advanced training and education opportunities in Zambia. At present the highest qualification attainable in nutrition in Zambia is a three-year diploma offered at NRDC (Muyunda 2009). The institution experiences problems related to lack of reference materials and inadequate lecturers. Advanced education in nutrition can only be obtained outside the country and it is very difficult to obtain scholarships. There is little incorporation of nutrition aspects in the syllabi of relevant institutions dealing with training in such fields as health, agriculture and community development. Institutions working at community level do not incorporate nutrition in their programmes. With regards to education, an effort has been made to update nutrition curriculum for basic level. This initiative needs to be extended to high school and tertiary levels (NRDC 2009). Further, there have been strides in raising awareness about the importance of food to the human welfare but there have been little or no pronouncements on food as right. This is also because ESCR such as the right to food are not enshrined in the Bill of Rights. Guideline 12: National financial resources According to Zambias financial budget 2010, the government is to spend K 16,717.8 billion or 22.5 percent of GDP to finance these expenditures, the Government envisages raising domestic revenues of K 12,107.0 billion representing 72.4 percent of the budget and expects to receive grants from its Cooperating Partners amounting to K 2,426.7 billion or 14.5 percent of the budget. The balance of K 2,184.1 billion or 13.1 percent will be financed through domestic borrowing of K 1,487.0 billion and foreign borrowing of K 697.1 billion.


2010 Budget Functional Classification K' Billion Function and Sub-Function General Public Services Executive o/w Local Authority Grants Constituency Development Fund Legislation o/w National Constitution Conference General Government Services o/w Domestic Interest External Debt Interest and Amortisation Voter and National Registration National Census Centralised Administrative Services Allocation (K'Billion) 5,369.0 487.9 135.3 100.0 442.0 50.0 4,070.8 1,188.0 392.4 128.5 97.6 368.2 % of Budget 32.1

Defence. 1,326 Public Order and Safety 771. Economic Affairs General Economic, Commercial, and Labour Affairs Agriculture, Forestry and Fishing Fuel and Energy Mining Transport o/w Roads Communication Tourism Environmental Protection Housing and Community Amenities o/w Water Supply and Sanitation Health o/w Infrastructure Recreation, Culture and Religion Education o/w Infrastructure Social Protection Grand Total Source: MoFNP 2010 3,217.8 126.8 1,139.0 269.5 24.2 1,522.4 1,461.9 15.1 120.8 148. 659. 433.7 1,362. 134.0 97.5 3,320.9 553.5 445. 16,717. 19.2 5 4.6 0 7.9

5 0.9 1 3.9 5 8.2 0.6 19.9 0 2.7 8 100.0


Analying the budget: When it comes to allocation to social protection, the government allocated about 44% of the total budget for social protection as grants to the public service pension fund to cater for early retirement from the civil service. While this is important, the government has not distinguished social protection from social security benefits. According to Chibuye 2010, the 2010 allocation for social protection is unlikely to cover the targeted 20% of the population suffering from critical levels of poverty and deprivation. The consequence of this is that the vulnerable population will have little opportunity to participate and contribute to long term growth prospects within the country. In the health sector, there has been a drastic cut in the budget from 11.9% in 2009 to 8.2% in 2010 and this has been attributed to the withdrawal of support from cooperating partners. This is a cause for deep concern. Likewise, achievment of economic goals and full human development requires a healthy nation to work productively and creatively. Hence, the value of investing in health by any economy assumes great importance. The health situation within the country is already desperate with deficiencies in drug shortages and lack of well trained health personnel, particularly in rural areas. Unless the government revises the health budget, the FNDPs vision of providing Zambians with equity of access to cost-effective, quality health care as close to the family as possible will not be achieved by the end of 2010 (Chibuye 2010). This could even reverse the commendable progress made towards the 2015 MDG target on health.

Guideline 13: Support for vulnerable groups Zambia is one of the worlds poorest countries and ranked 165th out of 177 on the Human Development Index. Poverty and food insecurity are widespread in both rural and urban areas, and the country remains extremely vulnerable to recurring natural disasters, including floods, drought and animal disease. Increasing malnutrition in Zambia is another serious development. It contributes to the country's high rates of child mortality and serious morbidity, affects mental development, and impedes school performance and labor productivity later in life. In adults, nutritional status affects the progression of HIV and the survival of those with AIDS. The current food emergency, characterized by very low household food stocks in rural areas and unprecedented high prices for maize in both rural and urban markets, will exacerbate the


poor nutritional situation of vulnerable groups, such as young children, pregnant and lactating mothers, people living with HNIAIDS and orphans12. However, Zambia enjoyed a good harvest in 2009, including a maize surplus. While the harvest will help to improve overall food security, tens of thousands of people will still require food assistance due to the localised impact of floods and because many of the poorest and most vulnerable people will not be able to access sufficient food, even though staple food prices have fallen from their very high 2008 levels13. The major food crop and main food staple grown in Zambia is maize; other staple foods include cassava, sweet potatoes, millets and sorghum, as well as legumes such as groundnuts (peanuts), beans, cow peas and bambara nuts. Cash crops include cotton, tobacco, soya beans, wheat, sunflower, vegetables and potatoes. With the increase in extremity and frequency in flood and droughts, farmers are only able to harvest a tiny fraction of what they would usually produce. Women in Zambia form one of the largest marginalized and vulnerable groups, nevertheless they are a key element to ensuring household food security. As traditional family custodians, women cultivate food crops while caring for the sick, elderly and orphaned. Climate change often results in the exacerbation of pre-existing inequalities as women must search further field for access to food, land and clean water. Not only does this threaten household food security, but often, the only source of income for a woman is what she earns at market by selling her extraneous crops. Furthermore, providing care and support for Orphans and Vulnerable Children (OVC) is one of the biggest challenges Zambia faces today, as the growing numbers overwhelm available resources. AIDS, fuelled by high poverty levels, is the primary contributor to OVC incidence in Zambia; accounting for more orphans than all other contributing factors combined. Understanding the magnitude of the problem and socio-demographic characteristics of OVC can provide the foundation for building programs of appropriate design, size and scope. Due to lack of a comprehensive registration system for birth and death statistics, an accurate estimate of the number of OVC in Zambia is not available (Analysis on Orphans and Other Vulnerable Children 200914). However, a school census conducted by the Ministry of Education (MoE) in 2007 estimated the total number of orphans at 1.3 million. And, according to the 2007 Zambian Demographic Health Survey, 19.2% of all children living in households are vulnerable while 14.9% are orphans. Between 2004 and 2008 the number of orphans grew by 13% to 1,302,307. Current estimates (2009), based on available data, show that there are 1,603,928 OVC in Zambia; a figure still likely to be an under-estimate of the true situation. Annual data on numbers of OVC was not available. According to National HIV and AIDS Policy estimates (2005), the majority of children who have lost one or both
12 13

Analysis of food security, health and nutrition in Zambia-2006-USAID-Zambia. Market Trends in Zambia 2009-East and Southern Africa Agribusiness NetworkESSANET. 14 Situation Analysis of Orphans-Zambia doc 2009


parents to HIV/AIDS live with extended families or neighbours, while 6% become street children, and 1% lives in orphanages. Data from a sample of 58 community members interviewed in this study indicated that each member was fostering at least three OVC. Guideline 14: Safety nets The right to food calls on states to engage proactively in activities that facilitate economic and physical access to adequate food. The Voluntary Guidelines provide practical suggestions for using a right-to-food approach when designing, implementing and financing social safety nets. Guidelines 13 and 14 focus on support to vulnerable groups and safety nets, respectively. Guideline 15, which covers international food aid, also contains relevant principles. In Zambia the government has devised a strategy to guide the overall countrys social security. Established in February 2004, the Sector Advisory Group on Social Protection (SAG) is a group of social protection sector stakeholders charged with the responsibility to advise on policy and implementation issues in the sector, mainstreaming SP into other sectors, to monitor, evaluate and prepare the sector budget, as well as facilitate the coming up of a social protection strategy. The objective of the social protection strategy is to increase the ability of low capacity households to meet basic needs through improving access to livelihood opportunities and employment and to social security. The goal of the strategy is contribute to the security of all Zambians by ensuring that incapacitated and low capacity households and people have sufficient income security to meet basic needs, and protection from the worst impact of risks and shocks The strategy identifies the following groups as its targets: low-capacity householdswidows, the disabled, other marginalized, low-income households and informal sector operators, incapacitated households-those with no one fit to work, childheaded households and street children. However, there has been little result from this strategy as hunger, malnutrition, and unemployment seem to be increasing as seen in the guidelines above. Guideline 15: International food aid Food aid has been one of the most prevalent expressions of humanitarian assistance. In Zambia, food aid has been a supplementary to the nations efforts to feed itself especially during food shortages. Organisations such the United Nations World Food Programme (WFP) and other International and local CSOs have been provided food aid and today many Zambians are receiving and benefiting WFP food assistance.


However food aid is controversial because many food aid programs, in addition to feeding the hungry, have also led to other problems: increased food aid dependency and a decrease of local production capacity and market performance. As these problems are evident in a number of countries, there is no proper analysis (availability of data), complaints (or a mass compliant) from market players (producers) on the effects food aid on production or markets performance. However, it has been reported in some media institutions that donors have actually been buying food from local producers.15. On the other hand, as food aid vital in supporting and complementing national efforts, the need for governments to assess the kind of food they are receiving is an issue of importance. Zambia is on record to have rejected food aid from international donors which did not conform to the Zambia requirement/standards. In mid 2000, Zambia, under the late leadership of President Mwanawasa, rejected food aid from the US government when the country was facing serious food shortages. . The Zambian governments rejection of genetically modified food triggered a heated debate on the right of sovereign countries to decide on the kind of food aid that they would accept from the international community. At the World Summit on Sustainable Development (WSSD), the most contentious issue that was not on the official agenda, but which reverberated through the corridors, was on genetically modified (GM) food aid, and with it, questions of national sovereignty and the role of the UN. So much so that it became part of the Summit speech of US Secretary of State Colin Powell. He chastised governments in Southern Africa that have raised concerns about GM food aid, saying: In the face of famine, several governments in Southern Africa have prevented critical US food assistance from being distributed to the hungry by rejecting biotech corn, which has been eaten safely around the world since 1995. Powell was heckled and booed during his speech. Zambia rejects GM food aid Receiving less attention but of more importance was a press conference the day before by Zambian President Levy Mwanawasa at the WSSD explaining his countrys position on the issue. Zambia has been at the centre of the GM food aid storm, standing firm in its refusal to accept GM food aid. Its rejection is based on concerns over the health effects of consuming GM maize, and the fear of contamination of local varieties, with the ensuing environmental and socioeconomic impacts, including the loss of export markets in Europe where safety concerns have led to consumer rejection of GM crops and seeds. Zimbabwe, Malawi and Mozambique have also expressed varying degrees of reservation over the past few months. President Mwanawasa explained that a national consultative meeting was held in Lusaka

WFP to donate thousands metric tonnes of maize to flood prone areas-Zambia Daily Mail 22-03-2008


on 12 August 2002, in which a cross-section of Zambian society had participated, including NGOs, farmers, womens groups, church leaders, traditional leaders, members of Parliament, opposition politicians and government. The meeting had strongly recommended that Zambia should not accept GM food aid. Zambian media have been active in facilitating public discussion and debate. Commenting on a UN statement issued on 27 August which obliquely urged Southern African countries to accept GM food aid, he expressed concern that the World Health Organisation (WHO) and the Food and Agriculture Organisation (FAO) admitted that they have not carried out formal safety assessments on genetically modified organisms (GMOs). He pointed to the apparent contradiction with their statement that donors are certifying these foods as safe for human consumption. (Many critics of GMOs, including scientists, have pointed to the lack of comprehensive biosafety regulations and risk assessment systems in the US, where commercialisation of GMOs has been most widespread. Within the US, consumer groups, organic farmers, independent scientists and even some regulators in the government have raised concerns over the lack of food safety assessment in particular.) The Zambian President said that the FAO, WHO and World Food Programme (WFP) advice was at best speculative, with terms like not likely to present human health risks, these foods may be eaten and the organisations confirm that to date they are not aware of scientifically documented cases in which the consumption of these foods has had negative human health effects. He said, We may be poor and experiencing food shortages, but are not ready to expose people to ill-defined risks. He pleaded that Zambians not be used as guinea pigs in the debate. A statement of support from African civil society groups similarly reiterated that Africa should not be used as the dumping ground for GM food (see box on p. 33). This arose from a seminar organised by Third World Network during the WSSD. More than 200 people, including many African NGOs and government officials, were present to listen to Zambian scientist Dr Mwananyanda Lewanika talk about the actual situation. There and then, many participants from Africa pledged their solidarity with Zambia on the issue. By early September, more than 140 representatives and organisations from 26 countries in Africa had signed up to the statement that will go to donor governments and the UN. We expect UN agencies and donors to respect our decision as a sovereign nation, President Mwanawasa said. When the issue was put to the UN Secretary-General Kofi Annan by Third World Network, his emphatic response was that the UN would not pressure any country and that any food aid provided would first receive the consent of the recipient country. Yet, Zambia has come under intense pressure to reverse its decision, particularly from the US, and the WFP statement supported by the WHO and FAO adds to that pressure. No prior informed consent NGOs at the WSSD published a strongly worded open letter to the US government, the 71

WFP, WHO and FAO, urging them not to pressure hungry peoples to accept GM food aid (see below). The WFP came under strong criticism for failing to obtain the prior informed consent of countries receiving food aid, as to whether they are willing to accept GM food aid. And in the weeks that followed, revelations surfaced that the WFP has been delivering GM food as emergency aid for the past seven years, without telling the countries concerned [UN is slipping modified food into aid, by Fred Pearce, New Scientist, 19 Sept 2002]. Countries getting GM food aid in the past two years - often in breach of national regulations - include the Philippines, India, Bolivia, Colombia, Guatemala, Nicaragua and Ecuador, as well as many African countries. Earlier this year the Alliance for a Nicaragua Free of Genetically Modified Organisms accused the WFP and the US Agency for International Development (USAID) of using GM foods and seeds in their emergency relief programmes in Nicaragua (for details of the Alliances Press Release, 3 June 2002, see: On 10 June 2002, the Bolivian Forum on Environment and Development (FOBOMADE), a citizens group in Bolivia, announced that a sample of USAID food aid tested positive for the presence of StarLink maize, a GM variety not approved for human consumption due to health concerns over possible allergenic effects. According to the press release, other GM varieties not approved by the EU were also found. In view of the worldwide uncertainty over the health and environmental impacts of GMOs, Zambia thus took a precautionary approach in rejecting GM food aid. The country has yet to formulate national biosafety regulations and lacks the capacity to conduct reliable risk assessments. Add to this the lack of information on the identities of the GM maize in the food aid consignments and the unknowns related to the different contexts of diet, health status and the environment in Zambia (as opposed to the US situation), and a precautionary approach is indeed warranted. In Johannesburg, the Zambian President made a strong appeal to partners to assist in sourcing and providing non-GM food aid. Zambia itself is prepared to plug its food deficit with commercial imports of non-GM food. It has also received offers of non-GM food from various countries, as well as offers of cash to purchase non-GM food. On 7 October, a Reuters report cited the WFP as saying that 12,000 tonnes of GM-free maize had begun arriving in Zambia and the agency was seeking another 16,000 tonnes from within Southern Africa16.


African Consumer Leaders Support Zambia: African consumer leaders came out in support Zambias rejection of GM food after a stormy 3-day conference in Lusaka. Dr. Mae-Wan Ho reports


Guideline 16: Natural and human made disasters In Zambia disasters are not exceptional especially those caused by human beings. However, the most prominent recent ones have been natural disasters such as floods owing to torrential rains. In 2009 the floods affected a total number of 274,800 people (45,799 households) with 7,422 households displaced. The highest numbers of displaced households are in Mkushi (982), Kafue (949) Mumbwa (934) and Mazabuka (519). A Zambia Vulnerability Assessment Committee (ZVAC) survey found that around 100,000 people in 7 flood-affected districts would require assistance, while the global economic crisis is likely to lead to greater unemployment, particularly in the vital mining industry. This could leave even more people vulnerable to food insecurity (ZVAC 2010). The floods have caused damages to main food and cash crops especially maize, millet, sorghum, cassava, rice, sweet potatoes and cotton due to severe water logging and nutrient leaching. The expected loss to the main staple crop, maize, would vary between the affected districts with the lowest being expected in Lundazi at 20% and the highest in Itezhi-Tezhi at 80%. The damage to crops was so severe that it will result in reduced yields and food insecurity. At the time of the present assessment, the number of livestock that were reported to have died due to the floods was minimal. However, there was a high risk of outbreaks of foot rot and foot and mouth diseases. In this light, the government devised policy actions and prepared a proposal of USD 500,000 to flood victims: see table below Zambia: Emergency humanitarian assistance to flood victims Results based logical framework

hierarchy of objectives

expected results

reach (target population Flood Victims in Northwestern, Western, Eastern, Central and Northern Provinces

performance indicators

indicative targets time frame baseline target 274,800 flood victims Provision of food and seeds to all the flood victims by end 2009

assumptions and risks

Goal: Contribute to the Governments efforts to alleviate suffering of flood affected populations

Impacts: Improved livelihood of flood victims

1. Number of flood victims provided with food 2. Number of flood victims provided with farm inputs About 6,000 households in the flood area

There is adequate response from development partners and well wishers

Project Purpose: Reduce hunger to

Project Outcomes: Food availability

Flood victims in some of the 19

9,893mt of cereals and 50mt of early

1,292mt of maize and 50mt of early

Food and seeds are procured and


flood victims

to some of the flood victims

Districts affected by floods

supplied with food and seeds

maturing maize seed required for the flood victims

maturing maize seed to assist about 35,900 flood victims by end 2009.

distributed efficiently without further delay

Activities: 1.Purchase and distribution of food 2.Purchase and distribution of farm Seeds Budget USD 500.00

Project Outputs: 1. 1,292mt of maize 2. 50mt of early maturing maize seed

35,900 flood victims

Humanitarian support Systems in place

Source: Government 2009

In the proposal, relief food assistance will be channelled to the affected households with insufficient crop production due to crop damage by the floods and to those with no livestock or other sources of income to purchase food and other basic needs. It will especially be channelled to female, child and elderly headed households without visible means of survival. Relief assistance will be specifically targeted to the 19 districts most affected by the floods. It is proposed that the total contribution of USD 500,000 would be used for buying approximately 1,292 tons of maize at USD 374,680, 50 tons of early maturing seed maize at USD 80,000 and 0.496 tons of assorted vegetable seeds at USD 20,000. A balance of USD 25,320 would be used for transportation and logistics. The detailed budget is provided in following table.

Detailed Budget Item Maize 1,292 tons Early Maturing Seed Maize 50 tons Vegetable Seeds 0.496 ton Transportation and Logistics Total Cost

Budget (USD ) 374,680 80,000 20,000 25, 320 500,000

Therefore with these measures being put in place, it is evident that government is making efforts to support the vulnerable groups.


Guideline 17: Monitoring, indicators and benchmarks Monitoring capacity of the right to food constitutes the ability of actors to undertake a role analysis and assessment of the various normative systems, institutional structures, social situations, and planned polices and programmes that have a bearing on the right to adequate food. Monitoring the right to food in Zambia is left to few agencies that are mentioned in guideline 10, 9 and 8. As the overall constitution does not explicitly protects the right to food, it its also difficult for some other specific legislations such as the Food and Drugs Act , the Public Health Act , National Health Services Act, Bureau of Standards Act, Education Acts, Agriculture Acts. However these Acts and the agencies mandated to implement them have been at the forefront of monitoring what is stipulated in their mandates. The Zambia Human Rights Commission (ZHRC) is mandated to monitor the status and compliances to human rights in accordance with in Article 125 (2). However, the current Bill of Rights does not recognize food as a human right. This implies that right to food violations as stipulated in international statutes can not be prosecuted. ESC rights violations cannot be litigated in court. Essentially, there is no domestic remedy for ESCR violations. Guideline 18: National Human Rights Institutions On the basis of the Paris Declaration of 1993, which was adopted by General Assembly resolution 48/134 of 20th December 1993,17 States emphasised the need to create government supported national human rights institutions with a mandate to operate independently as a privileged partner serving as a bridge or ombudsman to arbitrate between authorities and victims of human rights violations, and generally promoting and protecting human rights and freedoms through civic education, monitoring and reporting. As a response to the Paris declaration, the Zambia Human Rights Commission (HRC) was established following the 1996 constitutional amendments and is provided for in Part XII of the Constitution of Zambia. Under Section 3 of the HRC Act, the HRC is established as an autonomous body, which, in the performance of its duties, is not subject to the direction or control of any person or authority. A critical aspect of independence and autonomy is the ability of the Commission to exercise independent decision-making power in its day-to-day work. The Act stipulates the functions of the Commission in Section 9. Section 9 provides the functions as:


a) investigate human rights violations; b) investigate any mal-administration of justice; c) propose effective measures to prevent human rights abuse; d) visit prisons and places of detention or related facilities with a view to assessing and inspecting conditions of the persons held in such places and make recommendations to redress existing problems;
Further the Commission under Section 15 of the Act, the Commission can establish committees to whom certain functions can be delegated. These committees act as working groups and are headed by a commissioner. Currently, the Commission has five Thematic Committees centred on a number of priority areas. These are the: Childrens Rights Committee; Committee against Torture; Economic, Social and Cultural Rights Committee; Civil and Political Rights Committee; and Gender Equality Committee.

The efforts of the Human Rights Commission are also complimented by the works of CSOs. Among the noted CSOs working towards upholding human rights include: National Legal Aid Clinic for Women (NLACW): NLACW provides legal services to women, youth and children with legal problems as part of their strategy to improve their overall human rights and legal position. The aim is to protect the rights of women and children and contribute to womens autonomy through legal representation. The clinic has special interest in meeting the demands of women and children in the area of family and inheritance law. Among the activities of NLACW are litigation with an emphasis on test cases that will bring about changes in the judiciary and enhance amendments to the law, advocacy for law reform and workshops for rural communities on aspects of human rights. Southern African Centre for the Constructive Resolution of Conflicts (SACCORD): SACCORD was established in 1992. The organisation works within civic education, respect for human rights, constitutionalism and good governance and is considered one of the strongest civil society organizations in these areas. The partner brings extensive experience in advocating for legal and policy reforms that empower the marginalised and discriminated groups in the local community. The organisation advocates for improved responsiveness from the government and its institutions and for improved administrative frameworks, particularly in relation to the Constitution and the electoral system. Women for Change (WfC): WfC is a Zambian NGO. It was established in 1992 and has since then worked towards empowering remote rural communities, especially women, through gender analysis, popular education methodologies and


advocacy in order to contribute towards the eradication of poverty. WfC has strong advocacy and human rights education components in its activities which aim at promoting and supporting gender sensitivity and human rights activism at community, institutional and national level. WfC has proved to be a strong partner in advocacy and plays an important role in the capacity building of other partners within the area of advocacy. Women and Law in Southern Africa (WLSA): WLSA is part of a regional organisation with offices in seven countries in the Southern African region. It was established in 1989 with the aim of responding to the social, economic and legal needs of women. WLSA seeks to instill human rights standards in the traditional courts and to popularize information related to womens rights in the current Constitution. The organisation trains women and womens groups on their rights and duties, works with awareness raising, research and development of new methodologies to the study of gender and law as well as advocacy activities for legal reforms. Zambia National Women's Lobby (ZNWL): ZNWL was formed in 1991 and is composed of a number of women's NGOs. Its main objective is to increase womens participation and equal representation at all levels of decision-making as leadership in Zambia continues to be male dominated. ZNWL is involved in networking and is a resource base for information and policies about women. It also lobbies the Executive and informs the electorate about womens issues. ZNWL also works to increase womens participation at local government level and has carried out training and public awareness campaigns on the importance of getting women involved in decision-making within their local communities

Others are CSO platforms and alliances such as the Coalition for an Optional Protocol to the ICESCR. The coalition launched a campaign, Justice Now! Ratify to Protect All Human Rights, to ensure widespread signature of the treaty, which it envisaged to send a strong message around the world that all human rights are universal, interdependent, and indivisible. Guideline 19: International dimension Zambia re-affirmed its commitment to international human rights instruments relevant to the human right to adequate food: it ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1966 and the Convention on the Rights of the Child (CRC) in 1991. Zambia also participated and endorsed outcomes from international meetings relevant to the nutrition and the right to food: the 1992 International Conference on Nutrition (ICN); the 1996 World Food Summit (WFS); the Millennium Summit (MS) of 2000; and the World Food Summit: five years later in 2002. The country is also on record to have fulfilled its requirement under Article 16 and 17 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) of submitted a report to the United Nations on the status of Economic, Social, and Cultural 77

Rights (ESCR) in the country. At this meeting none governmental organisations also submitted parallel information and reports. As interalia, although Zambia is a party to the African Union Declaration on Agriculture and Food Security, where States Parties pledged to commit not less than 10 percent of their national budget to agriculture and food security, it has not fulfilled this obligation and the agriculture sector remains to be one of the least funded at 3% of the national budget. This chain of omissions implores and reinforces the need to strengthen advocacy and capacity building programmes, through utilisation of the Right to Food Guidelines as an empowerment tool for positive change of attitudes and approach to respecting, protecting, facilitating and providing the right to food in Zambia. Zambia is also party to other international human rights instruments with related provisions on food: the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of Racial Discrimination (CERD) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).


Part IV: Selected cases on violations of the right to food

Displaced farmers in munkonchi In 2006 in Munkonchi area, Kapiri-Mposhi Central province, farmers were at the mercy of a multi national electricity company when their only source of livelyhood (land) was grabbed away from them. The torture of being evicted from their source of livelihood (which they used for subsistence farming) was unbearable as most families started depending on handouts.

Displaced farmers in munkonchi In 2006, the villagers of Munkonchi lost their main source of livelihood after a South African electricity company, Eskom, claimed ownership of the land they had been living on for decades. Eskom indicated that they had bought the land from the Zambia Consolidated Copper Mine (ZCCM) and disclosed every legal document to back their claim. The claim of the bought land by the multinational company came in the planting season and mid harvest. The Chief of the village showed resistance to the decision by ZCCM/Eskom at first but rapidly became less defensive when evictions started. The villagers accused their chief, entitled with the decision making power regarding customary land laws, of being corrupt and bought by the company. However, this outraging situation rapidly draws the attention of civil leaders and CSOs. The Zambia social forum intervened in late 2006 to try to get ZCCM/Eskom to reconsider their decision to chase them from their land. Considering that it was the middle of the farming season, ZCCM/Eskom accepted to extend the ultimatum it gave to the farmers to vacate their land.


After the farming season the farmers were harshly evicted from the land. Those that had built infrastructure on land a low financial compensation. Resistance still prevailed from some courageous farmers who sought to fight for their land rights but ZCCM/Eskoms force coupled with non representation by their chief undermined their efforts. Some houses were burned and peoples resistance ultimately went sorrow. The alternative land that was given to the farmers was rocky and mountainous and it was not good for farming. Starvation ensued and farmers started depending on food handouts. Government authorities were also earlier approached for intervention but in vain. As a villager put it: We have no land and the MP18 is nowhere to be seen. We were born here and our parents and our parents parents were born and lived here. How can a caring government sale our land to an investor? Where can we go? The social forum tried to follow-up the situation and organized workshops on rights and transparent land acquirement procedures. However, the forum has limited capacities and needs for other interests groups to take it up. Some more researches should be done on the exact compensation the farmers got as well as on the activities that Eskom developed on the land and how did the community benefit from this investment. This shows the omission by the state authorities to protect the people of Munkonchi from being evicted. Although it is known that the president could have intervened in this matter and reverse the decision took by a traditional chief. It is ultimately the government responsibilities to provide better alternatives for both Eskom and the people of Munkonchi


MP stands for Member of Parliament, or the local State representative.


It is of great importance in the proposed Constitution (from the Mungomba Commission), now awaiting public approval, is the inclusion of economic, social and cultural (ESC) rights in the Bill of Rights. These touch on matters such as health, education, food, safe water and sanitation, employment, culture and clean environment. These rights relate very much to the Millennium Development Goals that Zambia has agreed to achieve. This is in recognition that no political democracy can survive if the majority of the people remain in poverty and struggle with little hope for a better life. As pointed out in the report, international instruments ratified by Zambia are not self executing at the domestic level and require enabling legislation to be enforceable, either through the regulations passed under existing legislation, or through the enactment of a new piece of legislation. Despite all these commitments, both at the international and regional levels, human rights continue to be violated in Zambia, including the right food. Judicial, legal and administrative measures are necessary and fundamental to improve the situation in Zambia with regard to the occurrence of food violation and other forms of instruments that halt this realisation. However, due to the socio-economic context prevalent throughout the country, it would be safe to believe that these measures will remain insufficient as long as this context, characterised by widespread poverty, economic hardship, socio-economic imbalances and violations of economic, social and cultural rights, is not addressed. Further, the delay in coming up with Zambian Food and Nutrition Policy (ZFNP) that expressly recognises the right to adequate food within the context of poverty eradication, is another issues of concern. Zambia ratified to ESCR in 1966 and the food and nutrition policy only came in place in 2004. Though the National Food and Nutrition Commission was established in 1986, the 38 years delay in coming up with a policy has answers the questions to the current state of things in the country. Further, in view of the fact that Zambia like many other African states has also pledged in its Constitution to ensure that all its people have access to adequate food or means for its procurement, the fact that ESCR are not recognised in the bill of rights mean that right to food violations might be difficult to claim. Hence serious backing of these rights as proposed in the Draft Mungomba Draft Constitution needs to be pressed to the Constitution making conference. Therefore RAPDA, is challenged with a crucial role to play in the monitoring of the proposed ESCR are taken on board. Its capacities should be strengthen and the opening of a RAPDA office in Zambia could help harmonize the work and the responsibilities among all none state actors working on food related matters. This will help in executing stringent monitoring of state actions, right to food violations, and deprivations of marginalized and vulnerable poor communities.