Zambia’s Economic, Social and Cultural Rights: Why Should They Be in the New Constitution?
Abstract
Why are there so many people around us today in Zambia who are jobless, homeless, hungry, illiterate, failing to access proper medical care, and without safe water and sanitation? Is this the result of some authority’s dereliction of duty, citizens’ laziness, unequal distribution of available resources, or what? Can we do something about this unacceptable situation? It has often been asserted that this current scenario, with about 80% of the people of Zambia living in inhuman conditions that are below the basic poverty datum line, is a result of not paying enough attention to citizen’s access to Economic, Social and Cultural (ESC) rights. But what are these rights? Why are they important for Zambia? What implications and obligations result from Zambia’s ratification of international and regional covenants? Does Zambia really have adequate resources to meet basic rights such as food, housing, clean water, education and health services? Are these basic rights achievable in the current economic and political situation? How could they be claimed in Zambia? Can we learn from what other countries have done about ESC rights? Are there specific lessons that can be drawn from a value framework that emphasises human dignity, community, and special concern for the poor? Should the opinions and in-puts of civil society be taken seriously in the formulation of the Bill of Rights in the new Constitution for Zambia?
Description
As understood in contemporary international usage, human rights are benefits, immunities, entitlements and respect that belong to every human being, for which the State as well as individuals must ensure are accessible to each and every category of people. Human rights serve several purposes, such as the protection of human dignity, promotion of the person's well-being, and the preservation of peace and justice (see Chanda, 2001). Human rights as they are known in international instruments are divided into two categories: One, Civil and Political rights (or first generation, negative rights) which provide political conditions for someone to exercise these entitlements; and two, Economic, Social and Cultural rights (or second generation, positive rights) which mandate that social conditions are adequate for meeting physical, moral and biological requirements (see Kibwana, 1990).
What are these latter rights, where are they found and how are they expressed?