Based on this, the question is whether an explicit recognition of the right to water makes a difference for people who live without access to safe water sources. In this context, civil society is an important component of the institutional structure through which the right to water can be implemented.
CHAPTER FOUR
CHAPTER FIVE
THE STATE OF ACCESS TO WATER IN ZAMBIA 162
CHAPTER SIX
CHAPTER SEVEN
CHAPTER ONE: GENERAL INTRODUCTION
Methods and Data Gathering
- Focus Group Discussions
- Research Sites
- Kanyama Compound
- Mtendere Compound
- Race Course
- Community Leaders Interviews
- Service Providers Interviews
- Policy Maker Interviews
- Data Analysis
- Limitations of the Study
It was therefore that some of the interviews were conducted in the second phase. The second limitation of the study lies in the fact that the rights-based approach to development itself has gray areas.
CHAPTER TWO
ZAMBIA'S DEVELOPMENT STRATEGIES AND CHALLENGES
The Boom Period 38
- Post-Independence Development Planning
- Rationale of the Copper Enclave
- Zambia's Development Plans
- Components of the FNDP
- FNDP Priorities
- Outcome of FNDP
- The State of Import Substitution During and After FNDP
Discussion of the political economy of Zambia leads inevitably to the copper industry as. 34;conservative", serving only as a precursor to the Transitional Development Plan (TDP) and the First National Development Plan (FNDP).
The Crisis Period 56
- Economic Context of SNDP
- Outcome of the SNDP
As far as development opportunities are concerned, this shows the underutilization of the opportunities offered by agriculture. Regarding the economic context in which the SNDP was conducted, most of the key economic indicators point to a general downward trend in economic activity. Other economic indicators, such as the employment rate, also show a steady decline during the SNDP period.
For example, Mwanawina (1993) argues that much of the labor force actually existed at this time. Overall, most of the FNDP acquisitions disappeared during the SNDP period. At the end of the SNDP, the provision of housing and other services such as electricity, water and sanitation was left to the initiative of individuals (Mwimba, 2002).
The situation of the urban poor in Zambia has worsened, especially since the onset of the economic crisis during the last decade.
Hijacked Development
- New Economic Recovery Programme
- Outcome of the Reforms
- Employment Trends
- Failed Reforms
In general, the reforms implemented were a continuation of the neoliberal program launched in the early 1980s during the first generation SAP. Overall, the outcome of the reforms up to 2002 has often been described as disappointing and chaotic (McCulloch, Baulch & Robson, 2001; Beinstein & Kayizzi-Mugerwa, 2000). A similar downward trend was also noted in terms of the growth of the non-agricultural and non-mining sectors.
This should be seen against the background of the recorded growth of the labor force (McCulloch, Baulch & Robson, 2001). Overall, the reforms of the 1990s failed to translate into any significant economic turnaround as anticipated. And the politically difficult reform of the public sector enterprises and financial sectors lags far behind (in Hass and Ross.
In the early days of the MMD government, reforms were implemented without much opposition.
Conclusion
Apparently, the political mood in the country largely followed the increasing emphasis on the economic value of water that dominated the global water debate in the early 1990s after the Dublin and Rio summits (see Sections 4.1.2.3). Therefore, so far not much has been achieved in this period in terms of increasing access to water, especially for the poor sections of society. The cumulative effect of all these challenges was that, in the long run, even small gains made during the boom were negated by the poor performance of the economy in later periods. The direct consequence of this was the reduced ability of the state to even implement the program that the reforms themselves brought.
This is despite the socialist/humanist political philosophy (humanism for example) adopted by the Kaunda government, and also the fact that socio-economic rights received support from then 'second' and 'third' world governments (Bedjaoui, 1991b). . Due to weak political influence, the provision of water services has been one of the 'first victims' of reduced development resources during times of economic downturn. Fourth, the increasing emphasis on water as an economic good as opposed to the consumption of a public good during the 1990s has had serious consequences especially on the levels of access to water among the poor sections of Zambian society.
Chapters five and six present some of the evidence of the skewed impact of commercialization.
CHAPTER THREE
NEW WINE IN OLD WINE-SKIN? THE RIGHTS-BASED APPROACH TO DEVELOPMENT
Human Rights Debate
- Hohfeldian Categories
- Application of the Categories
- Practical Questions
- Critique of Rights
- Human Rights Discourse: the Contours of the Debate
- Ontological Critique
But at the theoretical level, the foundations of human rights are questioned and their practical implications widely contested. Following this, it can be argued that the controversial nature of the concept of a right itself can be one of the factors that limit the implementation of human rights. Different aspects of human rights have been challenged and defended as evident in the critiques and counter-critiques below.
As can be seen from the above, the ontological critique of human rights challenges the foundations of the concept of human rights. Another important critique of human rights, which I will call the "relativist critique," is based on cultural relativism. This criticism runs counter to the principle of universal human rights based on cultural diversity.
As such, legal positivism recognizes a certain group of human rights; does not deny that there are no human rights.
The Rights-Based Approach To Development
- Unofficial Beginnings
- Rationale for Hybridization
- Participation
- Equality and Non-Discrimination
- Empowerment
- Value-Added of the Rights Based Approach
- Ignored Structures of Injustice
- Holistic Approach
- Repackaging Old Wine in New Wine Skins? Critique of RBA
- Competing Interest Among Rights
- Reparckaging of Old Wine
- Challenges of Implementing RBA
- The Braai Analogy
- Assessing Levels of Commitment
- Acknowledgement
- Recognition or Proclamation
- Measures or Steps Taken
- Effectuation
- RBA Matrix Features
Throughout the 1990s there was a growing realization that human rights are an indispensable component of the development process. Some authors see RBA as a component feature of the Right to Development to the point that it is listed as one of the. It is in this sense that human rights are interdependent, indivisible and complementary (See Vienna Declaration and Program of Action 1993).
The principle of equality is very central to international human rights law (Hunt, Novak & Osmani, 2002). Further, the principle of equality is also accepted as one of the pillars of the basic needs approach (ibid, 12). Finally, a fundamental way in which RBA differs from the basic needs approach is the orientation of strategies.
It shows a deeper commitment on the part of the state to take recognized rights more seriously.
NEW AWAKENINGS: THE RIGHT TO WATER
Water in Global Perspectives
However, it has been contested that the declaration of the right to water has very little impact on reality, especially for the poor. As we have already mentioned, recognizing access to water as a human right is only the first step towards realizing the right. Regarding the nature of the right to water, it was confirmed that the right to water, like other human rights, is a fundamental human right.
According to General Comment 15, the normative content of the right to water has two aspects: freedoms and rights. A clear outline of the right's elements is essential for the realization of the right. In the case of the right to water, the experiences from the challenges of realizing the right to water for the poor in South Africa are very instructive.
As Mehta & Ntshona have observed in the case of the right to water in South Africa, “critiques .
4. 3 The Right to Water in the Zambian Context
The Debate in Context: Role of Treaties in Zambian Law
- The Purpose of Directive Principles
- Availability of Resource Not an Excuse
- Acknowledged but Not Recognised
- Demystifying the Right to Water
One of the main reasons for this narrowness is the nature of international law itself. Conduct between individuals or between individuals and the state fell outside the concerns of traditional public international law. As such, the enforcement of international law is primarily dependent on the good will of the state in question (Vincent, 1986).
Access to water is only mentioned in Article 112 of the 1996 Constitution, which is a part that is not subject to legal proceedings. 34; In fact, some authors took it as an official recognition of the right to water. Express protection of the right to water in the Bill of Rights can currently only be found in the South African and Ugandan constitutions.
In this sense, most of the challenge of water access in Zambia stems from a lack of political leadership.
THE STATE OF ACCESS TO WATER IN ZAMBIA
Water Resources in Zambia
- Zambia's Water Potential
The National Water Policy (1994) recognizes the fact that compared to other countries in southern Africa, Zambia has a relatively higher consumption of fresh water. Of these five river basins, the Zambezi is the largest with an annual runoff of about 1900 cumecs (cubic meters per second, M3/s), while the Kafue and Chambeshi rivers have the lowest annual runoff of 350 and 230 cumeces respectively as shown in Table 5.1 below. Zambia thus has a widespread distribution of fresh water in rivers, lakes and other natural deposits.
In terms of water supply, the Kafue River is vital as it supplies the majority of the water supplied for industrial and domestic consumption to over 50% of the Zambian population. One of the reasons why the Kafue River is so important in Zambia is its proximity to all major cities and towns, including all provincial towns in the Copper Belt, the Central Province, Lusaka and some towns in the Southern Province. Major industries and agricultural activities are also located along the Kafue River basin.
Although the Kafue River basin contributes only 14% of national water resources, 40% of Zambia's population lives within the Kafue catchment (World Bank, 1996).
Zambezi Kafue
Luapula Chambeshi
Zambia
- Current Levels of Access to Water
- Rural-Urban Disparities in Access to Water
- Intra-Urban Disparities
- Beyond the Logic of Intra-urban Inequalities
In terms of available water resources, it can be argued that the problem of access to water in Zambia appears to be located mainly in the domain of second-order scarcity, where economic, political, technological and managerial factors limit the use of available water resources. When poverty by population in low-cost areas (which includes suburban areas) is compared with poverty in high- and middle-income areas, differences in poverty incidence become apparent. For example, while the proportion of extremely poor people in high-cost areas was only 4%, in 2003 39% of the population in low-cost areas was classified as extremely poor.
In terms of water access, this pattern may be an indication that households in the low-cost category experience higher constraints on water access than households in high-cost areas. The challenges of access to water must be seen in the wider socio-economic context in the country, especially within the current levels of poverty. In the case of the overall national poverty figure, a similar trend was recorded over the same time period.
High prevalence of poverty may be one of the main reasons why there is an increase in the number of people in peri-urban areas relying on unsafe water sources.
5. 2 Water Reforms
Public Trust Doctrine and the Commons
The concept of the commons is an ancient principle that can be traced back to the Greek philosophers Thuclydides and Aristotle. Recently the concept has been popularized by Garret Hardin's 1968 article entitled "The Tragedy of the Commons"131. But in reality, the core message of the 'tragedy of the commons' is a call for regulation of access to the commons so that social and environmental objectives can be achieved.
No one can be denied access to a water source for domestic use, regardless of the water source. On the other side of the dilemma raised by the "tragedy of the commons" is the argument that if something is owned in common, there is little care. In 1993, the government appointed a commission to investigate the reorganization of the water sector (WRM report, 2003).
In the Zambia case, the commercialization exercise has meant that the local authorities still remain the owners of the infrastructure.
Commercialization of Water Services in Zambia
