Case Study Report on Zambia

7/31/2019 Case Study Report on Zambia

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RIGHT TO FOOD STUDY

A Case Study Report on Zambia

2010


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Table of Contents

List of acronyms ................................................................................................................. 3Acknowledgments............................................................................................................... 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 .................................................................................... 14Guideline 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 ....................................................................................................... 48Guideline 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 ............................................................................... 69Guideline 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


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List of Acronyms

BCN Biodiversity Community NetworkCHI Children in Need

CSO Central Statistics OfficeCSO Civil Society Organisation

CBD Convention on Biological Diversity

ECOSOC United Nations Economic and Social Council

ESCR Economic, Social, and Cultural Rights

FAO Food and Agriculture Organisation of the UnitedNations

FDA Food and Drug Act

FIAN Foodfirst Information and Action Network

FDI Foreign Direct Investment

FRA Food Reserve AgencyFNDP Fifth National Development Plan

FSP Fertilizer Support Programme

FSP Fertilizer Input Support Programme

FEWS Famine Early Warning System

GDP Gross Domestic Product

GRPI Genetic Resources Policy InitiativeGRZ Government of the Republic of Zambia

IBPGR International Board on Plant Genetic ResourcesICRISAT International Crops Research Institute for the Semi-

Arid TropicsIDPs Internally Displaced Persons

IGWG Inter-Governmental Working Group

IMF International Monetary FundITPGRFA International Treaty on Plant Genetic Resources for

Food and Agriculture

JCTR Jesuit Centre for Theological Reflection

MLS Multilateral System

NBSAP National Biodiversity Strategy and Action Plan

MACO Ministry of Agriculture and Cooperatives

MoE Ministry of Education

MoFNP Ministry of Finance and National Planning

MoH Ministry of Health

MLSS Ministry of Labour and Social SecurityMP Member of ParliamentMMD Movement for Multiparty Democracy

MTENR Ministry of Tourism Environment and NaturalResources

NGO Non Governmental OrganisationPRSP Poverty Reduction Strategy Paper

UN United Nations

UPND United Party for National DevelopmentUNDP United Nations Development Programme

WFP World Food Program me


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WANAHR World Alliance for Nutrition and Human Rights

WFC World Food Conference

WFS World Food Summit

WFS:fy World Food Summit:five years laterWHH Welthungerhilfe

WSC World Summit for Children

VG Voluntary Guidelines to support the realization of theright to food

ZABS Zambia Bureau of StandardsZCC Zambia Competition Commission

ZWIMA Zambia Weights and MeasuresZLA Zambia Land Alliance


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Acknowledgments

This report benefits significantly from the efforts and hospitality of organisations andpeople: To mention a few, many thanks are extended to Mr Mwenya Mwelwa author ofRight to Food Staved by Bad Governance, Mr Mark Simukangu Human RightsActivist and Mrs Makota from Zambia women in Agriculture.

The compilation of this sythesised report also benefited from the insights JCTR staff inLusaka. Last but not least, the compilation of this synthesized report also benefited fromthe insights and guidance of Miss Angela Mwape Mulenga and Lastly many thanks alsogoes to Mr Simon Ngona for compiling this report on behalf of RAPDA


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Abstract

Zambia ratified the International Covenant on Economic, Social and Cultural Rights(ICESCR) in 1984, and is legally bound to implement the treaty through domestic lawsand policies. Among its provisions, the treaty requires the government to:

Take steps to the maximum of its available resources, with a view to achievingprogressively the full realization of the rights recognized in the present Covenantby all appropriate means, including particularly the adoption of legislativemeasures.

Guarantee that the rights enunciated in the present Covenant will be exercisedwithout 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 tohealth, housing, food, education, water and sanitation are treated as second classrights, the Universal Declaration of Human Rights (1948) gives equal importance to ESCrights and civil and political rights. ESC rights have been marginalized for the last sixtyyears in the country and they are not part of the Bill of Rights and hence no litigation ofESC violations rights can be taken to court. However, ICESCR could be invoked in thecountry though with difficulties.

Key findings

The findings from the case study indicate that despite Constitutional and Policyrecognition of food as an ensure part of human welfare, a number of gaps exits inrealising the right to food as a fundamental human right. To start with the currentZambian constitution, last revised in 1996, does not extensively recognise ESCRespecially food as a human right.

In the Republican Constitution human rights are provided for in the Bill of Rights foundin Part III, Fundamental Rights and Freedoms of an Individual. Mostly the rightsprovided for are Civil and Political Rights. But also, some Cultural rights are provided forin this section. The complete ESCR are not provided for in the Bill of Rights but arementioned in Part IX of the Constitution, Directive Principles of State Policy. Thisclearly states that these ESCR shall not be justiciable and shall not be legally enforceable inany court or tribunal.

However, the government has on the other hand made tremendous efforts in therealisation of food security, monitoring food shocks and food nutritional levels by puttingin place structures and statues. However, these measures are also faced a number ofchallenges, especially in implementation and coordination. Further, the institutionsmandated to the look at the food cycle are also not fully committed to provide thevulnerable and the poor with adequate food or resources to access food hence subjectingto permanent hunger.


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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 eitherunemployed, underpaid or work in uncertain conditions in informal sector. The minimumwage for most civil servants is K268, 000 (US $53.6) in a country where the basic needsbasket 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 yearsbut this is rarely adhered to by the government a situation that has compelled civil societyorganisations like the Civil Society for Poverty Reduction (CSPR) to voice out2. Theurban area records the highest unemployment rates than in rural areas for both male andfemale 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 supportinfrastructure.

Education

Despite government commitment to providing free primary education, education isslowly becoming a privilege for those who can afford especially at higher educationlevel. 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 hasbeen mainly necessitated by the high tuition fees in all the colleges and universities bothgovernment and private and are far beyond the reach of the poor. Tuition fees arebetween K700, 000 to K14 million (US $157 to US $2,800) per year (2009 estimates)3. Inaddition, 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 foodinsecurity. Both chronic and transitory food insecurity are prevalent. For ruralhouseholds, food entitlement is linked to agriculture, while crop production risk is aprimary determinant of food insecurity. Insufficient food production capacity, lack ofincome diversification and unfavourable climatic conditions are therefore, the maincauses 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 necessitiessuch as fuel and housing. As a consequence, food security, consumption and nutritionstatus are also affected. In recent years there has been an increase in urban malnutrition.

1By The Post Newspaper -Minimum Wage- Wed 10 Mar. 2010, 04:00http://www.postzambia.com/post-read_article.php?articleId=6872 2Ibid.3Cavendish University programmehttp://cavendishza.org/index.php?option=com_content&task=view&id=28&Itemid=66


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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 inparticular, maize production has been severely affected mainly by recurrent unfavorableclimatic conditions and reduced support to small scale farmers through the FertilizerInput Support Programme.

The production of the minor staple food crops and other crops has been fluctuatingleading to increased vulnerability to food insecurity especially among the ruralpopulation who consume mostly these staple foods. In addition although production oflegumes, 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 alsobeen 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 practicesduring preservation, processing and storage further aggravate the situation. Limitedmarkets also constrain food availability and accessibility with the majority of ruralhouseholds exhausting their food stocks before the next harvest. Moreover, animalproduction and fish cropping for consumption has generally not been viewed as acontributing factor to household food security. Therefore to address the food securityissues 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 ofcoping strategy. It affords a cheap, simple and flexible tool for productively using open

urban spaces, generating employment and income, and adding value to products. Urbanagriculture 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 animportant source of fruits and vegetables.

Food Purchases

A major indicator of access to food especially in urban areas is the level of income. InZambia, incomes for the majority have declined over the last two decades due to inflationwhile prices of essential goods and services including food have risen and continuethough inflation stability has been recorded in the past years. By January 2009 inflationthat 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 9.9representing decline of about 6 percent. This later dropped in January 2010 to 9.6 percenthence 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 theirdisposable income. Currently the poverty levels, well over four fifths of the populationlive below the international poverty datum line of $1 per day. Inequality has grown to theextent that the per capita income share of the poorest 20% of households is now barely2%. Rising unemployment due to retrenchment and redundancies in the wake ofeconomic restructuring deprived many families of their major and often only source ofincome, further aggravating food insecurity.


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Because urban dwellers must buy most of their food, urban food security depends mostlyon 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, insecurejobs. With their abundance of labour, but often little else, the poor find competition forjobs fierce.

The Government has supported programmes such as for Urban Self-Help (PUSH) andrural food for work to supplement food availability for the vulnerable groups, which aremostly the low income. However, these programmes do not adequately cater for theincreasing population of the low-income group

Recommendations to government

There is need for government to invest its efforts in applying proper administrativemeasures and ensure that undernourishment and poverty levels are reduced. Governmentshould also consider recognising all ESCR in the overall and national state statuses. Inconsideration of the two points highlighted, the following age complementaryrecommendations to government.

There is need for government to make ESCR justiciable and legally enforceablethrough their incorporation in the Bill of Rights.This is very necessary because ifit is done citizens can actually claim their ESCR once they are denied or if statepolicies 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 isindifference or hiding behind the phrase Zambia does not have enoughresources where government is not doing enough to realise these rights but takesas an excuse that Zambia has meagre resources.

Government should consider establishing a separate constitutional court tospecifically address cases related to ESCR while the exiting courts are alsoencouraged to prosecute ESCR related issues. Because after having made theserights justiciable, there is need to institute some judicial reforms. This is in a viewthat the current judicial situation has a pile load of cases for years and also othermajor constitutional issues.

Need to formulate a National Food and Nutrition Strategy so that it can harmoniseall 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 targetsfor technology transfer.

Promote and encourage the involvement of the private sector and NGOs in theprovision of extension services.


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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 andvulnerable poor communities.

Speed up the process of opening RAPDA office in Zambia to coordinate allnone state actors working on food and right to food violations because currentlythere is no harmonization among the organisations working on the subjectmatter.


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Part I: Introduction

Zambia is one of the worlds poorest countries and ranked 165 out of 177 on the HumanDevelopment Index. Poverty and food insecurity are widespread in both rural and urbanareas, 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 hadbeen 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 thesituation to lobby for the inclusion of the Right to Food.

As a result of lack of constitutional protection, access to food was largely beingconsidered as a political gift, rather than an entitlement. Hence its was not surprising thatsuccessive administrations and governments in Zambia had always either treated food asa mere commercial commodity or as a means of cultivating and consolidating politicalpatronage at the expense of empowering the citizens to be self reliant, independent ofpolitical 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 andsocietal threats and represent behavioral norms and principles that define the relationshipbetween the state and authorities who are the duty bearers and rights holders who are thepeople within the country.

The human right to adequate food is established in treaties and instruments ofinternational 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. Thisright 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 Summitand later in 2002, and adopted by the council of the Food and Agriculture Organisation ofthe United Nations (FAO) as Voluntary Guidelines to Support the ProgressiveRealization of the Right to Adequate Food in the Context of National Food Security.

Foodfirst Information and Action Network (FIAN) and Welthungerhilfe (WHH) withsupport of FAO, in an effort to promote the utilisation of the VG as a tool to monitor stateaction in favour of freedom from hunger, Screen State action against hunger: How touse the Voluntary Guidelines on the Right to Food to monitor public policies. Thereforethis report has being guided by the FIAN/WHH monitoring tool to develop a case studyreport on Zambia socio-economic and political frameworks supporting the right to food.


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Part II: Scope and Case Study Design

Case study objectives

Although government ratified to the ICESCR and initialed a number of programmesaimed at alleviating poverty, the targeted people, who are the ordinary citizens, have notbenefited thus the prevailing poverty levels. The quest and call by the Internationalcommunity to make food a human right and the intervention by FIAN, WHH andRAPDA to build capacity of CSOs to monitor and report the right to food assumes to bethe basis of this report.

The study was conceived under the following objectives:

Assessing the existing policy, legislative, and institutional initiatives supportingthe right to adequate food in Zambia using the FIAN/WHH developedmonitoring tool;

Report on the right to adequate food monitoring responses and capacity inZambia;

Strengthening and harmonising civil society capacitys to monitor state actionsto end hunger and right to food violations, and deprivations of marginalised andvulnerable poor communities in Zambia.

Data collection and analysis

The report is a synthesis of a number of different reports and face to face interview. Thewhole process of data analysis was guided by the FIAN/WHH and the FAO VG. Thestudy involved analysis of Zambias duty bearers response mechanisms and rightsholders opinions regarding the impact of the socio-political and economic policies,legislations, and institutional action plans relevant to the realisation of the right toadequate food of all in the country. The discussions in this report are from extensivecontent analysis of existing policies, legislations, ministerial statements, institutionaldocuments 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 timeanalysis of the responses on the existing socio political and economic environmentrelevant 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 ZambiaCouncil 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 theevolution on international statues supporting the right to food. Section two brings out thescope of the study. Section three questions the countrys state of play using theFIAN/WHH guidelines. Section four details some of the right to food violations InZambia while section brings out a case study of food violation.


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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 Britishprotectorate of Northern Rhodesia, the country was under British dominion from 1888until 24 October 1964, when it became an independent republic within theCommonwealth under the leadership of Kenneth David Kaunda and his United NationalIndependence Party (UNIP). The then president consolidated control over the nation inthe ensuing years, culminating in the 1972 abolition of political parties other than theUNIP. Elections continued to be held, but only UNIP members could stand for office. Noone dared to oppose Kaunda as president.

In December 1990, bowing to persistent demands for democratization and riots overrising food prices, the Movement for Multiparty Democracy (MMD) quickly organizeditself as the primary opposition to the UNIP. A broad-based, diverse coalition of interestgroups, MMD's sole unifying principle was its opposition to UNIP and continuedpolitical domination by Kaunda. Frederick Chiluba, a founding member of MMD, ran forpresident and won in the country's first multiparty elections in nearly 20 years. Chilubafaced many challenges as he strove to modernize the economy and the country's politicalsystem. The worst blot on Chiluba's record was his handling of the 1996 elections, whenhis main opponent again was Kaunda, the former president whom Chiluba had beaten in1991. Although most observers agreed that Kaunda's candidacy was a long shot, Chilubachose 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, whoseparents came from what is now Malawi, was therefore ineligible.) The change triggered aboycott by Kaunda's supporters and protest from the international community. Chilubawas 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 theelection 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 byuniversal 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 150-member National Assembly, elected simultaneously with the president.In the 2001 election, eleven candidates were on the ballot for president. LevyMwanawasa, candidate of the MMD and Anderson Mazoka, candidate of the UnitedParty for National Development (UPND), finished in a near tie, with Mwanawasareportedly winning with a margin of 11,000 votes. Despite protests lodged with thecountry's Supreme Court, Mwanawasa was inaugurated in January 2002, however, as lateas May 13, 2003, opposition parties were mounting legal campaigns to nullify thepresidential election.


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In 2006 President Mwanawasa returned his presidency amid a slight margin to thePatriotic Front Part founded by Michael Chilufya Sata. His term was scheduled to end in2011 but a dark cloud hanged the country he died in 2008 on official duty. This saw thecounty going for a presidential by-election in the year with Mwanawasas vice presidentRupia B Banda being nominated as the MMDs preferable candidate. He also won theelection on a slight margin from the PF leader.

In terms of good governance, there are a number of mixed thoughts with regards thegovernance system and the right to food. A number of CSOs have reported in the mediacondemning the state of governance and the need for the political fraternity to stop usingfood for political mileage, a situation which mainly happens during elections. However,government is seen to recognise the importance of good governance in public documentssuch as the Fifth National Development Plan (FNDP).

Constitutional making processes

Since independence, Zambia has under gone four constitutional review process with the2002 Willa Mugomba being the most recent. The constitutional changes followed upon

The need to promote good governance as a preserve in realising the right to food as inguideline 1 does not appear in any public document. However the government recognisesthe importance of Good governance and this is attested in Fifth National DevelopmentPlan (FNDP):

Government recognises the strategic role that good governance would play in therealisation of the ideals of the FNDP. Laws, rules and regulations that govern theinteraction of various actors in the political arena significantly influence the nature of therelationships that emerge and whether those relationships adhere to the peoples definedacceptable norms of good governance. The Government maintains that, for it to facilitatea 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 contextis where there is separation of powers of the three organs of state, namely, theLegislature, 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, willcontinue during the FNDP period. Good Governance also includes accountability andtransparency in the management of national affairs and the discharge of theresponsibilities of public office. As the Government implements the FNDP, it shallcontinue to uphold the view that public office is a trust held for the benefit of the generalpublic, the governed, and is not for private profit or gain. Transparency, another tenet thatthe Government shall continue to uphold, enables the general public to know or discoverthe truth so as to avoid speculation. Therefore, it is the Governments position that menand women who hold public office should be prepared to submit to public scrutiny andquestioning as part of the process of rendering an account for the discharge of their publicresponsibilities.


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recommendations from the Maiza Chona in 1973, the Patrick Mvunga in 1991 and theJohn Mwanakatwe in 1996. Various factors, including economical and political factorsnecessitated these reviews.

The appeal for a constitution that will stand for a test of time in Zambia appears to be afundamental demand by every citizen in the quest to shape the political, economical andethical minds. This is rightly so because the significance of a good constitution is key todemocracy, good governance, the rule of law and ultimately development of the anycountry (JCTR 2005).

Unfortunately, many Zambians have not embraced the final content of the threeCommissions because they lacked constitutional legitimacy. That is they are consideredfruits of government driven process rather than a people driven process. This is becausethe inquiries Act, which established these commissions of inquiry, gives government

powers to reject and accept peoples recommendations through a white paper. This wasalmost evident with the Mwanakatwe Commission (1996) where over 80% of therecommendations where rejected outright by the then president (JCTR 2005).

Currently, Zambia is undergoing a constitutional review process to address serious gapsin 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 constitutionrectifies these shortcomings but there has been much controversy on the review processhence 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, thecountry has not made any express provision for economic, social and cultural rights in itsBill of Rights and therefore the Right to Food is not directly provided for in the said Billof Rights. Therefore, based on the current standings, the current law cannot assert theRight to Food as a fundamental human right.

However, the Zambian Bill of Rights has indirectly provided for the right to food as otherprovisions in the bill of rights are some of the elements which fall under the essentials tothe realisation of the right to food. For instance Article 16 of the Republican Constitutionprovides for the Right to own property, which property is land. As earlier noted, land isone 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 foodunder the Directives Principles of State Policy. For instance in Article 112 (b), theRepublican Constitution provides: The State shall endeavor to create conditions underwhich all citizens shallbe able to secure adequate means of livelihood and opportunity to obtain employment

And in Article 112 (i), the Republican Constitution provides that: The State shallpromote 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


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Though not justifiable rights, it is still clear that the Zambian Government recognize thefact that the Right to Food is very critical to the survival of the human race, thus notexplicitly 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 sofrom 2003 to date following the revamping of copper mining spurred by high prices ofthe metal on the international market. The economy has continued to register positivegrowth going by the real gross domestic product which increased from 5.8% in 2006 to66.2% in 2007 though remained below the 7% target for the year 2007. Apart from themining 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 ageneral decline in the inflation rate, which from 2007 came to single digit level. During2007 the annual inflation (CPI) averaged 8%. The commercial bank interest rates havegenerally been high over the last 10 year period, although there has been slight movementdownwards in the last two years.

Despite improvements in the economy and the creation of new employment opportunitieslevels 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 nineteeneighties, Zambia like other Highly Indebted Poor Countries (HIPC) of the worldwitnessed a distinct advent of the Structural Adjustment Programme (SAP).

Since then SAP began slowly but steadily to gather steam and the middle eighties evensaw a vigorous though brief phase of implementation of SAP polices amidst great debateand controversy. The politically unmanageable consequences of the policies that includedfood riots at the end of 1986 as a result of lifting subsidies on maize meal compelled thethen Zambian Government to beat a hasty retreat and revert to its more familiar domainof 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) basedon multi-partyism in the early nineties provided a congenial environment for re-launchingSAP. The new Government embarked on full-scale implementation of SAP in terms of awide array of stabilization, adjustment and transition policies without encountering anymajor public dissent. By the end of the last century, the Zambian economy underwent amajor face change from a predominantly monopolistic system based on centralizedcontrols and public ownership to a market-oriented, liberalized, privatized andcompetitive system. The sustained implementation of SAP, however, did not bring to thecountry the expected benefits in terms of sustained growth and human development. It in


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turn brought more poverty and undernourishment. In particular, the money metricincidence of poverty rose from 60% in 1980 to 73% in 1998. One telling statistic in thisregard is the value of the Human Development Index, HDI. Zambia holds the unenviablerecord of being the only country whose HDI value at the end of the millennium waslower than what it was in 1975.

From this backdrop, the Zambian government in early 2000 developed a PovertyReduction Strategy Paper (PRSP) document with the aim to address some of thechallenges mentioned above. The right to food is imbedded in the general agenda ofreducing poverty in the document.

Further, the strategy paper conceives poverty as a multi-dimensional phenomenon. Ittherefore considers not only income poverty but also human poverty that encompassesdeprivation 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 offthe main line of rail, and areas removed from national and provincial capitals).

Additionally, macroeconomic objectives, policies and strategies are highly pronounced inthe FNDP which states that:

During the FNDP, macroeconomic policies will build upon the successes made duringthe PRSP/TNDP period by sustaining and securing fiscal and financial stability, anddeepening 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 theachievements of the first PRSP, for example, strong improvements in macroeconomicperformance and progress in public expenditure management. It has strengthened itsfocus on the key issues, emphasizes achieving tangible results, and includes appropriatemonitoring 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 stablemacroeconomic framework, improved domestic revenue collection, good governance,

increased production and productivity in agriculture, and strengthened human resourcedevelopment. One marked improvement is that it presents an elaborate medium-termexpenditure framework (MTEF) under which the external cooperating partners arerequested to provide predictable assistance either through direct budget support or sectorwide approaches (SWAP). This policy is intended to achieve a gradual move away fromthe traditional individual project mode of providing assistance (IMF 2007).


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

AveragePRSP/TNDP2002-2005

Average Baseline2006-2010

AverageCore FNDP2006-2010

Primary sector 4.6 6.8 8.5

Agriculture, forestry, andfishing

2.6 4.1 7.2

Mining and quarrying 10.4 10.7 10

Secondary sector 9.3 7.8 8.3

Manufacturing 5.2 6.9 7.5

Electricity, gas, and water 0.3 10.2 10

Construction 20.2 8.0 8.8Tertiary sector 3.5 5.0 5.7

Wholesale and retail trade 4.6 5.4 5.7

Restaurants and hotels(tourism)

7.4 6.2 11.5

Transport, storage, andcommunications

6.0 9.0 9.1

Financial intermediation andinsurance

3.4 4.5 4.5

Real estate and businessservices

4.1 4.0 6.0

Community, social, andpersonal services

3.8 3.0 3.0

Other 6.9 1.5 1.5

GDP at market prices 4.8 6.0 7.0Source: Ministry of Finance and National Planning

Another policy that was constituted and draws much attention to this guideline is theNational Food and Nutrition Policy (NFNP). 2006. The policy was constituted to refinesynergies other policies that work with the realm of food and nutrition. The aim of thepolicy is to achieve sustainable food and nutrition security in the country. Though nothaving 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 abundantnutritional food stuffs.

The vision of the policy is to achieve optimum nutritional status of the Zambianpopulation with the principal goal of achieving sustainable food and nutrition securityand to eliminate all forms of malnutrition in order to have a well-nourished and healthypopulation that can effectively contribute to national economic development.Thehighlighted policy concerns include the elimination of all forms of malnutrition, foodsecurity, nutrition and HIV, gender and nutrition, care for the nutritionally vulnerable,research and surveillance, financing of nutrition activities and training and capacitybuilding.


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The guiding principles of the policy are that the Government has reaffirmed that access tofood and nutrition is essential in having a healthy nation but it does not explicitlyrecognise the International human rights instruments that recognise the right to food suchas the Universal Declaration of Human Rights (UDHS), the International Covenant onEconomic, Social and Cultural Rights (ICESCR) or the general comment made by theUN 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 urbanhouseholds are vulnerable to food insecurity. Both chronic and transitory food insecurityare prevalent. For rural households, access to food is linked to agriculture while cropproduction risk is a primary determinant of food insecurity. Insufficient food productioncapacity, lack of entitlement to productive resources such as land especially amongstwomen who are the most productive in agriculture, lack of income diversification and

unfavourable climatic conditions are, therefore, the main causes of food insecurity forrural households.

As far as they are concerned, urban households depend on wages or self-employmentand, as they purchase their food needs, are more susceptible to insufficient income andprice increases for food and other basic necessities such as fuel and housing. As aconsequence to in food prices, consumption and nutrition status are also affected.

The policy also acknowledges that during the last two decades, trend data on foodproduction 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 recurrentunfavourable 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-ownedinstitutions like NAMBOARD, have impacted negatively on maize stocks.

The production of the minor staple food crops and other crops has been fluctuatingleading to increased vulnerability to food insecurity, especially among the ruralpopulation who consume mostly these staple foods," the policy reads in part.

In addition, although production of legumes, fruits and vegetables has beenencouraged 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 labourdue to the impact of HIV/AIDS which is affecting the most productive age group.The other contributing factors, according to the policy document, are inappropriatetechnologies, especially for female-headed households.

Also, high post-harvest losses due to poor practices during preservation, processingand storage further aggravate the situation.Added to that is the limited access to markets, which constrain food availability and


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accessibility with the majority of rural households exhausting their food stocks beforethe next harvest.

In large cities, the urban poor may have a home garden or raise small animals as partof the coping strategy. This affords a cheaper, simple and flexible tool forproductively using open urban spaces generating employment and income and addingvalue to products.

"Urban agriculture can provide significant amounts of food on small scales and forspecific items. By growing their own food, urban inhabitants lower their food deficitsand 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 willaffect the nutritional status of the nation

Further, in the quest to manage population resources which include food and its means ofproduction and acquirement, the Zambia government in May 1989 adopted a NationalPopulation Policy that affirmed its commitment to adopting and implementingappropriate strategies to manage population resources in a manner consistent withZambias ultimate objective of accelerating the rate of economic growth. The Policy wasrevised in June 2005. Among the main challenges facing the Government is theliberalization 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 aconductive environment in the labour market and articulate how it will continue toprovide policy direction. The Government also recognizes the fact that information playsa vital role in the operation of the labour market.

In the light of the above, the Government Vision in the area of population anddevelopment 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 aneven 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 2006which was developed by a multisectoral parties to coordinate all food agencies. This isthe document which is currently used as a yard stick in monitoring and implementingfood and nutrition related issues. However the policy reflects a number of challenges


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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 whichrecognised the need to put in place relevant structures that might lead to halting of hungerand promoting development. Though not recognising the International statues promotingthe right to food, FNDP, which is Zambias mid term developmental strategy recognizesthat growth stimulation should be complemented by distributive measures that havebetter overall positive impact on the poor. The FNDP goes beyond to reinforce otherexisting 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 madetheir submissions. In their submission, Sixth National Development Plan (SNDP)-CSOs

perspective the CSOs have recommended a number of issues that could help in realisingof food security. In the area of Trade and Industry the CSOs feels that the FNDP hastremendously 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 forconsumption and export but little has been done in exploring other nutritious crops whichcould be marketable within the country and abroad.

On land, the submission reaffirms that land is an important resource and is a source oflivelihood and economic development. In their recommendation they acknowledgewomens major role to farming in Agriculture and the need to protect their lands rights asthey are the most disadvantaged including the disabled.

The document also recommends the need to make land administration fees and chargesaffordable for all eligible landholders and also strengthening of the protection of all landrights holders irrespective of tenure-provide for acquisition rules, including proceduralissues and faire and adequate compensation rules.

On nutrition, the submission recognises that a good nutritional status is a driver to havinga successful social and economic development programme of any nation. It furtherindicates that the health of an individual is affected by food intake and utilisation ofnutrients. The submission therefore is urging government to develop a Food andNutrition Strategic Plan and the strengthening of the Nutrition Sector Advisory Group.

From these few highlighted submission in from the CSOs Sixth National DevelopmentPlan (SNDP)-CSOs perspective It is evident that there have been gaps in theimplementation 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 criticalmeans for boosting the countrys market, export and investment capacity. To addressthese exports and investment, the Ministry of Commerce and Industry placed emphasis


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in the FNDP for the need to use these factors as a means to economic growth and povertyeradication. The country through the ministry is on the other hand in the process offormulating an export strategy to address competitiveness in trade and industry, withemphasis on private sector led growth in the quest to achieve socio-economictransformation, income increasing and poverty eradication.

Further, Zambia has also developed an agricultural market development plan whichrecognises that the development of the agricultural sector is key to economic growth andpoverty reduction in any country. It also stresses that the further development ofagricultural markets would contribute towards revitalizing the agricultural sector.

The aim is of the plan is to strengthen the existing market support functions and to correctthe deficiencies so that an appropriate environment is created for the agricultural marketto 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/orfacilitate the market.

Enhanced enforcement of market rules and contracts.

In the past, the Zambian government had instituted various programmes to encourageagricultural 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 planhas been developed to enhance agricultural market efficiency, recognizing the marketingconstraints 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. Forexample, there is inadequate capacity amongst small-scale traders to form an effectivelinkage between small-scale farmers and the large commercial sector, while small-scalefarmersjust 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 andlarge-scale producers and for the small-scale traders to develop into medium and large-scale traders.

Besides institutional constraints, the Zambian agricultural market also faces basicstructural constraints related to the policy and legal environment. The major policy andlegal constraints are highlighted below:

There is a lack of a comprehensive agricultural marketing legal framework to guidethe functions of the agricultural sector. This comprehensive agricultural market


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legislation should provide for, among other things, a body of agricultural marketexperts 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, whileproviding an alternative source of income in the wake of the councils loss of centralgovernment grants and other traditional sources of income, such levies causedistortions as they increase the cost of agricultural marketing and decrease thefarmers profit potential.

Zambia lacks appropriate legislation to support a warehouse receipt system. A systemof warehouse receipts and registered warehouses will ensure safe storage of

agricultural commodities and inject operating capital into the marketing chain to theadvantage of both commercial and small-scale farmers. A system of warehousereceipts is already in an advanced stage of development but needs a legislativeframework within which to operate.

However, despite the challenges mentioned above, the plan pledges to resolve some ofthese challenges.

The plan under the in the third section, the following are highlighted and criticalinterventions.

Point 3.2.1.3.2.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 3.2.1.3.3. Enphasisesthe need to Build Small-Scale Farmer MarketingCapacity

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 farmersproduce, to clean and grade products, and to identify good markets.

b) Assisting such groups and cooperatives to access finance services through thewarehouse receipt system and other financial institutions.


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c) Guiding the farmer groups and cooperatives to grow into profit-orientated businesseswith competent managers to achieve maximum benefit for their members.

d)

Small-scale farmers with potential to grow into medium-scale farmers be identifiedand their needs for business training determined.

e) Women as key players in the agricultural sector need to have as much access tomarkets as their male counterparts.

Point 3.2.1.3.5. Enphasisesthe 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 agriculturalsector can not boost of having a good and well defined intergraded policy and legalenforcement mechanism.

Guideline 5: Institutions

Zambia like most other countries has adopted a multi sectoral approach to addressingfood and nutrition related issues. To coordinate the various sectors and activities involvedin food and nutrition issues, Government in 1967 decided to establish the National Foodand Nutrition Commission (NFNC) through an Act of Parliament, Cap 41.with mandateto: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 malnutritionrelated 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 PermanentSecretary 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


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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. Manyinstitutions are involved in food and nutrition activities. However, there is little or nocoordination between them. Furthermore, there are no explicit sectoral guidelines fordeveloping and implementing food related interventions. The NFNC, an institutionmandated to oversee all food and nutrition activities in the country has a weakinstitutional 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 andnutrition 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 varyingdegrees of success. Although given such a broad mandate, the Act also does not give theNFNC enough power and clout or responsibility over food activities implemented invarious sectors. In particular, its placement in the Ministry of Health limits its ability toinfluence sectoral development plans and programmes.

Ministry of Health (MOH)

The MOH plays an important role in effecting improvements in food and nutrition. A lotof food and nutrition programmes are implemented directly by the ministry. Theseinclude primary health care activities like immunizations, growth monitoring andpromotion and food quality, though this is a case extensively dealt by the Zambia Bureauof Standards.

Since 1992, the MOH has been implementing the health reform programme throughwhich it is intended to take health care as close to the family as possible. These reformshave seen the creation of the Central Board of Health (CBoH) and management boards tospearhead 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 basichealth services to be delivered as close to the family as possible, the objectives, strategiesand activities that have been identified are narrow and unlikely to tackle the broader foodand nutrition issues within a health setting. There seems to be a lack of understanding ofwhat 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 nutritionimprovement. It covers the production of food and to some extent its utilization, storageand preservation. Over the years, efforts have been made to incorporate nutritioncomponents and considerations in agricultural development programmes with somesuccess. The incorporation of nutrition into mainstream agricultural sector objectives is


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still far from being achieved. The critical problem has been the lack of systematicinstitutional 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. TheFRA was set up to: (i) purchase maize in the domestic market for the National FoodReserve; (ii) manage and administer Government-owned storage facilities; (iii) collectmarket information on grain trading, processing, stocks and prices and disseminate suchinformation; (iv) introduce weighing and grading standards; (v) establish and conduct aprogramme 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 securityof the vulnerable groups which include the aged, the disabled, the chronically ill, thedisplaced or disaster victims, orphans /street kids and infants, young children and womenof child bearing age and single/female-headed households.

The ministry has been running programmes to cushion the poor and vulnerable againsthardships caused by the implementation of the economic reforms. It also runs the PublicWelfare Assistance Scheme (PWAS) through which financial/material assistance isprovided to the needy. Others are public works programmes through whichcommunities/individuals perform some community work in exchange for food. Themajor challenge is addressing the increased needs of the poor and vulnerable withinlimited Government funding. Further, most of nutrition activities are conducted withoutany collaboration with NFNC.

Ministry of Commerce, Trade and Industry (MCTI)

This ministry plays a part in the importation of foodstuffs. However, there should bestrong links with the MOH Food and Drugs Control Laboratory, the Zambia Bureau ofStandards and the NFNC to ensure that all imported foods meet the set food andnutritional standards and safety regulations. Currently, there seems to be more emphasisin the ministry on clearing than monitoring the quality of imports. Since there isinadequate inspectorate capacity in the country, many sub-standard food products have

flooded the Zambian market in the advent of trade liberalization. One good example arethe chines substandard products which have been received with mixed feeling from theZambian consumers 4

4 By James Mutungu Chiwala- Post News papers 21-12-009: It is very gratifying to note the ZambiaCompetition 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 hasnot strengthened the laws to safeguard its citizens from consuming substandard products that have beenflooding the Zambian market. What is even more annoying is that business organisations have gone to anextent of bombarding the masses with product claims which cannot even be substantiated. I implore therelevant government bodies such as the Zambia Bureau of Standards (ZBS) to complement ZCCs effortsin trying to bring to book these unscrupulous traders and business houses that are cheating consumers. This


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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 foodacquirement and nutrition have not been adequately addressed. Work-place canteens havenot 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 ultimatelyinfluence nutrition behaviour of the population. Unfortunately, the level of collaborationbetween this ministry and the NFNC is not strong. Currently, consultations between thetwo institutions in nutrition curriculum development or nutrition expertise requirementsof 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 toimproved 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 healthand nutritional status. However, the performance of this ministry especially as regards tothe provision of adequate safe water and sanitation has been weak. Also, its public healthinspectorate 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 tomonitor the food, health and nutritional impact of the 1992/93 drought on the welfare ofthe people of Zambia. When the project ended, it was placed under the Central StatisticalOffice. However, due to lack of funding it has not been functional, and consequentlythere has been no information for directing interventions. Continuous nutritionalsurveillance, collection of data analysis and dissemination for nutrition information isimportant to ensure timely response to disasters and adapting strategies against hungerand malnutrition.

is tantamount to daylight robbery!!

There is need to strengthen the laws that aim to protect consumers in this country. In addition, businessorganisations should avoid manipulating the consumers by making fake promises regarding productattributes. Other organisations have gone to an extent of selling these goods very cheaply for the sake ofattracting the market and yet some of these products cannot even pass international standards. ZBS shouldmake 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 Ethicsand Practice for their members so that marketing-oriented organisations do not conduct unethical practicesthrough such means as advertisements and other marketing communication tools employed to reach thetarget markets.We need to bring sanity in this country and the approach which has been taken by ZCC should besupported by all well meaning citizens of this great country. http://www.postzambia.com/post-read_article.php?articleId=3422


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Ministry of Tourism, Environment and Natural Resources (MTENR)

Although mandated to ensure efficient and sustainable utilization of natural resources toavoid environmental degradation, which is detrimental to the long-term quality andavailability of food supplies and hence nutritional status, the ministry does not have anenvironmental policy as yet to provide guidance in the effective management of theseresources. 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 wasprepared 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 theNFNC 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 fooddistribution. Food distribution has focused more on cereal provision without taking intoaccount 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 Federationare the leading NGOs involved in relief food distribution and food security for thevulnerable. Others working in areas of advocacy and networking include Children InNeed (CHIN), Eastern and Southern Africa Farmers Forum (ESAFF), Framer SupportProgramme (FOSUP) etc. There is apparent lack of effective coordination mechanismsbetween 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, basichealth care, health and nutrition education.

Guideline 6: Stakeholders

Having permanent interaction between stakeholders, both public and private in therealisation of the right to food is what this guideline envisions. Therefore it is within thecontext of this guideline that states are advised to consider bringing together allstakeholders working on the right to food under one umbrella hence coming up withmulti stakeholder policies.


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In Zambia therefore, the government through the establishment of NFNC as a possibleanchor for all food and nutrition related programmes being implemented by otheragencies, signifies a step forward to the realisation of the right to food. However, theformation of this agency and the NFNCP, which recognises and identifies multistakeholders, has not enabled significant progress in the realization of the right to food asa human right enshrined in the ICESCR. What the policy identifies is just theorganisations working on food and recommends the possible synergies or collaboration.There is no proper logical framework on how these institutions will implement theirobligatory roles and how overlapping issues would be dealt with. In the case of redressalfor instance, there are no clear provisions highlighted on how persons faced withcomplaints 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 thefollowing (note that most of these institutions and their functions have been elaborated inguideline 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 developmentof voluntary standards for industries and certifications of products.

Zambia Consumers Association- The Association handles consumers and foodrelated complaints, which are later, referred to the appropriate authority.

Zambia Competition Commission-Promotes fair competition in trade and handlesconsumers complaints.


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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 Declarationof 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 expressprovision for economic, social and cultural rights in its Bill of Rights and therefore theRight 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 thecountry.

Zambia has elaborated a comprehensive Food and Drugs Act. The food component ofthis, whose regulations is yet to be implemented efficiently and effectively, is to ensurethe Safety and Quality of Food. Different Ministries administer the various pieces oflegislation with mandates and responsibilities and agencies also pay a big role in issues offood 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, CattleSlaughter Control Act Cap 250 and Competition and fair trading Act Cap 417covers the development of food standards and codes of practice and isadministered

The Food Reserve Act CT No. 20 of 2005 established to body to manage thenational food reserve.

The Environmental Protection and Pollution Control Act of 1990, Cap 204 of theLaws of Zambia to protect the environment and control pollution so as to providefor the health and welfare of persons, and the environment.

TheDecentralization Act (1980): devolves the function and powers, which wereup till now exercised by the Central government, to local decentralized units

(districts). This act ensures that local governments are responsible for the deliveryof essential services in accordance with national policies, guidelines andstandards.

The Water Act (1948 and reviewed in 1994): aims to ensure clean, safe andsufficient 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 theright to food in Zambia. However they work in disintegration and there is no properpolicy framework that aims at integrating the food provisions. The closest is the NFNCPbut it also has gaps.


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However the current Mungomba Draft Constitution has made an attempt to in Part VI for theinclusion 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, oldermembers of the society, family, consumers, and of citizens seeking justice have all been putunder the broad heading of Civil, Political and Cultural Rights and these rights arejustifiable 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 properlegal expression, these rights are to haveprogressive realisation.

Therefore the Economic and Social Rights included in this section are rights to: choose atrade, occupation or profession; employment and to just and fair labour practices; social

security, including, where appropriate, social welfare for that person and dependants of thatperson; health which includes the right to health care services and reproductive health care;education; adequate shelter and housing; adequate food, water and sanitation; an environmentthat is safe for life and health.

It is however important to note that despite the proposed inclusion of these rights by theMungomba Draft Constitution, there is one serious problematic paragraph (67, 3b) thatin effect waters down these rights.This paragraph states the condition that though theserights are justiciable, the State, when it has a different conclusion about acceptability oraffordability 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 rightsinstitution was recommended by the Human Rights Commission of Inquiry (also referredto as the Munyama Commission), which was appointed in 1992 to examine the humanrights 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 aspectsintroduced in the constitution was Part XII entitled Human Rights Commission.

Article 125(1) established the Human Rights Commission. Article 125(2) stated that theCommission was to be an autonomous body. Article 126 provided that the functions,powers, composition, funding and administrative procedures were to be prescribed in anAct 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 andcomposition, tenure of the commissioners, functions and powers, complaints mechanismand meetings of the Commission. However, taking into account that the work of thecommission is guided by what is stipulated in the Bill of Rights, the teeth of thecommission seem limited in the handling food related cases. In fact, the commission andthe rest of the NCC delegation recently laughed at the some proposal in the draftMungomba constitution and CSOs to include ESCR especially the right to food in theBill of Rights. This reaction was received with mixed feeling from a cross section ofsociety. In fact, some CSOs such JCTR expressed their displeasure in the media.


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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 proposalsto improve social conditions in this country, while refusing to engage in intelligent debateover 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 forseveral years, having been a central point in the Mwanakatwe draft constitution in themid 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 Commissionand having testified before the Human Rights Committee of the NCC. Along with manyothers in Zambia who are desirous of obtaining a constitution that all can be proud of, weare certainly disappointed at the way that recommendations to include the ESCR havebeen so irresponsibly treated.

Let me suggest five grounds for that disappointment. And let me ask those who feeldifferently to provide an intelligent response to these grounds.

Laughter and utopianism

First, the discussion of specific ESCRs was recently subjected to scornful laughter bymany of the NCC commissioners. But such behaviour surely is inexcusable in the NCCproceedings and simply reveals an empty head - no sensible argument can be found andso laughter substitutes for reason! Zambian taxpayers can justifiably ask whethercommissioners are being paid substantial stipends to behave in such unacceptable fashionin 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 unwarrantedobjection - revealing more about the lack of understanding on the part of the individualwho made such an objection than about the quality of the proposals. My dictionary tellsme 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 becalled utopian and therefore not to be included in the Constitution?

A bit of historical reflection would remind us that independence for Zambia some 46years ago was viewed by many as utopian. What if that view had predominated evenamong the early freedom fighters? We would still be singing God save the Queen


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before the Chipolopolo Boys begin to play!

Third, it was argued by some NCC commissioners that the proposed ESCRs were toocostly and simply unaffordable for Zambia. Why, even a mad person might demandhousing, said one commissioner, and the government's ability to pay for these rights justdoesn't exist! Upon reading this, I really wondered where these confused commissionershad been when the JCTR and others had presented the papers explaining the proceduresfor implementing the ESCRs. Had they understood what justiciable means? Did theyknow the significance of progressive realisation? Did they appreciate that placing in theConstitution rights like those to food, water and housing by no means implies overnightimplementation? Had they studied carefully the handling of precedent cases from, forexample, 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 wasrejected because a number of these clauses are international instruments and you cannotimport international instruments and put them in the Constitution. Now that is not only astrange contention but a dangerous one! Pushed to its logical conclusion, Zambia shouldnot have in its current Bill of Rights the international instruments of the First UNCovenant on Civil and Political Rights. Wouldn't this mean the necessity to throw outfree 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 hereferred to as the importation of international instruments? Fifth, the assertion wasmade during the debate that providing these rights would make people lazy. Let mebluntly 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 justhas to sit back and be spoon fed! Rather it might imply that salaries paid for hard workshould be adequate enough to meet the JCTR's Basic Needs Basket minimumrequirements. The right to water could be interpreted not to require everyone to behanded a plastic bottle of mineral water but at least be provided with sufficient cleanwater to remain healthy and able to work.

There are surely additional arguments that might have been voiced during the recentNCC debates over ESCRs. I am admittedly drawing my information from the pages ofthe independent press and wondering why in the world the state-owned and government-controlled 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 publishingshameful statements made by their members in the NCC?

Basic questionsAnd so we come at this point to some very basic questions. Are the fundamentaleconomic, social and cultural rights of Zambian citizens simply to be ignored in the newconstitution? Can Zambia go forward to become the desired middle income nation by2030 by ignoring these rights? Are the NCC commissioners - especially those filled withsuch mirth when the rights are discussed - simply saying no, and arguing that such goodthings realistically have no place in this wonderful country?


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And another key question to ask is: why are these constitutional issues not beingdiscussed in the current political debates as by-elections are being held and majorelections are being prepared for? Wouldn't it be a great bit of political maturity to hearfrom 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 theadoption 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 thecurrent Republican President on this pressing issue of guaranteeing fundamentaleconomic, social and cultural rights for all Zambian citizens. What do you think?

Guideline 8: Access to r

Case Study Report on Zambia

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