Press Release

Zambian NGOs submit to the United Nations Committee on Economic, Social and Cultural Rights in Geneva

11 May 2005

The United Nations Committee on Economic, Social and Cultural Rights (herein referred after the Committee) on 25-26 April 2005 reviewed the initial report of Zambia on how the government is implementing the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Prior to the government report, the Committee heard oral presentations from civil society organizations (CSOs) both local and international on human rights situation in Zambia. Representatives from CSOs were Mrs. Matrine Chuulu of Women and Law in Southern Africa (WLSA), Mr. Simson Mwale of the Jesuit Centre for Theological Reflection (JCTR), Mrs. Joyce MacMillan of WLSA and Mrs. Florence Shakafusya of Justice for Widows and Orphans Project.

CSOs reports as additional information included “Parallel Report on Economic, Social and Cultural Rights,” “Inheritance Rights of Women in Zambia” and “The Plight of Widows and Orphans in Zambia”. Other sources referred to by the Committee were from Human Rights Watch, Social Watch Reports, World Federation of Trade Unions and UNDP Human Developments Reports.

The Committee raised several concerns with regard to Zambia’s implementation of the ICESCR. The Committee wanted to know why despite the government having policies on education, health and social welfare, for example, most of these economic, social and cultural rights were not legislated for.

The Committee was concerned on why the Zambian government took so long to present its first report to the United Nations Committee on Economic, Social and Cultural Rights and why despite the Zambia being a peaceful nation the standard of living has declined so much.

On women’s issues, the Committee raised questions pertaining to inheritance and property rights of women in the context of customary and traditional laws, especially on the measures taken to deal with discriminatory laws [article 23(4) of the Zambian Constitution]; women’s access to adequate housing; land rights; measures to resolve the conflict between statutory and customary rights and to promote shared responsibilities in terms of equal opportunities for women and men and to what extent they had been successful.

On the right to employment, experts of the Committee asked for measures the government has taken to ensure citizens’ enjoyment of the right to work, good conditions of work, exercise of trade union rights, protection of the family, mothers and children, the right to adequate standard of living that includes getting a living wage for employees in formal employment. The Committee sought for information on the measures government has taken to provide social security for agricultural workers and the majority of citizens who are in informal employment.

On education experts asked for national benchmarks to improve situation of teachers, high school drop-outs rates, low secondary school attendance and translation of circulars into legislation. In response, government promised that they were going to provide free and compulsory primary education.

The Committee further wanted to know measures taken to finalise policies for the aged, children, HIV/AIDS and physically challenged persons to have equal access to basic rights such as education, health and employment.

The Committee experts sought information on what steps the government had taken to ensure that the justice system was available in rural areas and what sectors were expected to be revised in the proposed codification of certain customary laws.

The Committee further wanted to know what measures government has taken to eliminate abuse of children, including worst forms of child labour and sexual abuse, child trafficking and support given to street children as well as child-headed households.

In addition, the Committee was concerned on what government intends to do in the future to address the right to water and the effects of environmental pollution, improvement of prison conditions which currently were overcrowded and  what percentage of the national budget was allocated for cultural matters.

To all these concerns, the government expressed hope in the current Constitutional Review Commission (CRC) that most of these concerns will be addressed.

Zambians should seize the opportunities of the current CRC and the 2006 Parliamentary Elections especially scrutinizing agendas, if they reflect people’s aspirations of accessing basic necessities in life.

The Concluding observations of the Committee will be released on Friday 13 May 2005. These can be accessed through the United Nations website on: http:www.unog.ch

[For more information, contact Simson Mwale, Jesuit Centre for Theological Reflection, P.O. Box 37774, Lusaka, Zambia; 260-1-290410,

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