STATUTORY, REGULATORY, AND POLICY FRAMEWORK ON POVERY AND INEQUALITY ALLEVIATION
2.6 Combating poverty and inequality through Zambia’s constitution
A prominent feature of poverty is that it is multidimensional. Mottershaw and Donald (2009, p. 12) argue that “Poverty has many faces. It is much more than low income. It also reflects poor health and education, deprivation in knowledge and communication, inability to exercise
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human and political rights and the absence of dignity, confidence and self-respect.” I concur with Donald and Mottershaw that poverty is multifaceted. In this vein, it makes sense to say that poverty and inequality require a multidimensional approach in resolving them. One way of resolving poverty and inequality is through inserting human rights in the constitution (FAO, 2019, p. 2). Zambia has enshrined the bill of rights in part five of its constitution. Moved by the aim of the study which is to theorise poverty and inequality using a grounded theory approach in Mungwi district in Zambia, the question that arises is: Does the constitution of Zambia combat poverty and inequality? The functions of the constitution are many. One of the major functions of the constitution is to restrain those in power from abusing their authority.
In other words, to constrain the policymakers whose utility functions are sometimes different from the populace (Minkler and Prakash, 2015).
The other purpose of the constitution is that it gives the basis for the right-holders to claim from the courts if they feel unfairly treated by the duty bearers. For Donald and Mottershaw (2009, p. 13), the backbone of human rights enshrined in the constitution reflects the connection between the right-holder and the duty bearer. I agree with the thinking of Donald and Mottershaw that the constitution restrains those that govern not to misuse the power entrusted to them by the masses especially in the handling of resources. I also concur with them that the constitution grants the basis for the right-holder to claim from the court when their rights have been violated. In doing these two functions the constitution can be said to be enhancing the reduction of poverty and inequality. The third function is that the constitution consists of provisions which are meant to improve the wellbeing of the people. The Zambian constitution contains both civil and political rights as well as the economic, social and cultural rights.
I focus on socioeconomic rights because they seem to be directed at reducing poverty and removing the obstacles that contribute to poverty and inequality (Minkler and Prakash, 2015).
Article 51 of the Zambian constitution captures equality in relation to equal access to economic, social and cultural rights. Similarly, article 62(1)(a)(b)(c)(d)(e)(f) and Article 62(3) of the Constitution of Zambia speaks to the rights Zambians have in attaining the highest standards of health care services, reproductive health, accessible and acceptable housing; freedom from hunger, adequate clean and safe water, access to reasonable standards of sanitation, social security, protection and education (GRZ, 2016). It is further compounded that states are to
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provide proper social security and protection to people who are unable to support themselves and their dependents. The constitution is therefore very clear regarding the rights and duties of all citizens. Through the constitution, the government of Zambia promises that it shall respect, protect, promote and fulfil the bill of rights (Article 25[1]). Similarly, article 61(1) of the constitution Zambia (2016, p. 37) states that “Parliament shall enact legislation that provides measures, which are reasonable, to achieve the progressive realisation of the economic, social and cultural rights under the bill of rights.” I do consent that to some extent, there has been an effort to fulfil some of the economic and social rights contained in the constitution of Zambia. Although generally the employment rate recorded from 2010 to 2015 is quite low, there have been significant improvements in the area of the number of people accessing electricity and health, there has been significant progress in addressing morbidity and mortality during the same period. Between 2010 and 2015, several social protection interventions such social cash transfer, school feeding programme targeting the extremely poor and vulnerable households were implemented (GRZ, 2017).
This information is supported by Isbell and Dryding (2019) who carried out research in Zambia.
1200 respondents were involved. The key findings show that the Zambian government has fairly tried to implement some of the rights to education enshrined in the constitution. Nearly 90% of those interviewed agreed that girls and boys have equal opportunities in accessing education. However, the study also shows that educational attainment is considerably lower among the poor and rural Zambians than among their wealthier and urban counterparts. On the same indicator of education, statistics show that between 2011 and 2016 there was an increase in primary and secondary schools’ enrolment at an annual average growth rate of 2.0%. The growth in the number of those attending school is ascribed to continuous effects of the earlier reintroduction of the policy of free primary education and the increasing number of community schools and promoting of primary schools into secondary schools. Statistics also show that enrolment from grade one to seven is in favour of girls in urban provinces such as Copperbelt and Lusaka. In these urban provinces, there is also parity in grade eight to twelve enrolments between boys and girls (Republic of Zambia, 2017). However, there are fewer girls in enrolled in schools in rural provinces due to many factors such as poverty, pregnancies, lack of encouragement by uneducated parents and engagement in risk behaviour (Hall, 2019; JICA, 2016). Another indicator is the right to health which the World Health Organisation Zambia
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(2017) confirms that Zambia has made good progress. Infant Mortality Rate (IMR) has dropped from 107 to 1000 live births in 1992 to 45 in 2013, Mortality Rate under five (U5MR) reduced from 191 per 1000 live births in 1992 to 75 in 2013 and Neonatal mortality rate went down to 24 in 2013 and 21 in 2015, as compared to the initial 43 per 1000 live births in 1992 (Unicef, 2015). The Maternal Mortality ratio declined from 591 per 100,000 live births in 2007 to 398 per 100,000 live births in 2013(Ministry of Health, 2017). While I reckon that these statistics need to improve, it is evident that effort is being made by the government of Zambia to realise the economic and social, and cultural rights for the people of Zambia embedded in the constitution of Zambia.
2.6.1 National gender policy
Zambia is ranked as one of the most gender unequal countries in the world (Cole, Puskur and Rajaratnam, 2015). From the literature I have read so far on gender inequality and from my own experience, I agree with Cole, Puskur and Rajaratnam. This status quo is, however, being addressed through National Gender policy which gets its mandate from the constitution of Zambia. The constitution of Zambia in article 51(1,3) states that “Women and men have the right to equal opportunities in cultural, political and economic and social activities… women and men have an equal right to inherit, have access to, own, use and administer and control land and other property.” Similarly, article 74(1,3) further says that “there is established the gender equity commission…The gender equality commission shall be responsible for ensuring that gender equality is attained and mainstreamed in public and private affairs and structures and for such other functions as may be specified by or under an act of parliament.” It is from such articles of the constitution of Zambia that the National Gender Policy was created to monitor gender inequality. Since its creation in 2000 and later revised in 2014, Zambia has made improvements in the advancement of gender equality and empowerment of women in social sectors. The main aim of the policy is to realize a Zambian society that caters for her citizens equitably towards sustainable development (Republic of Zambia, 2014).