| Last updated: 18 September 2012 |
Introduction |
The republic of Zambia is governed by a President and a 150-seat unicameral, National Assembly. The President is head of state and head of government and is elected on the basis of universal suffrage for a 5-year term. National Assembly members are elected by majority vote in single-member constituencies. 8 members are appointed by the President for 5-year terms. In the 2006 elections the incumbent President, belonging to the Movement for Multi-party Democracy (MMD), was re-elected, and his MMD won 72 of the 148 elected seats in Parliament. The President will nominate 8 MPs, giving his party a majority of 80 seats. 23 women were elected to the National Assembly.
Observers deemed the elections to be free and fair, despite irregularities, but the opposition has charged electoral fraud. A major constitutional review is to address issues that deal with barring citizens of partial or full foreign ancestry from the presidency as well as the prohibition on traditional chiefs running for political office unless they resign from their chieftainships. The judiciary is independent in law but is reported to be hampered by corruption and lack of resources. Customary law is used in local courts and varies widely throughout the country.
Discrimination on the basis of race, tribe, and gender, place of origin, marital status, political opinion, colour or creed is prohibited, but discrimination continues against certain groups in society.
Police are accused of using excessive force when interrogating detainees. There are reports of torture and of security forces being involved in unlawful killings. Mob violence that targets suspected criminals or witches has resulted in deaths. The use of corporal punishment by traditional rulers appears to be diminishing.
Senior officials, including the past President, are being investigated and prosecuted for corruption. The public perception of corruption in almost all government institutions is widespread, and Zambia ranks 111th on Transparency International's Corruption Perception Index for 2006.
Freedom of speech and of the press is guaranteed but is restricted in practice. Journalists in government-owned media are said to practise self-censorship because of harassment and arrests.
The penal code prohibits trafficking in persons, but the country is a source, transit route and destination for women and children trafficked for sexual and labour exploitation. Traffickers come from a variety of backgrounds. Immigration officers arrested a Congolese national as she attempted to leave the country with 16 Congolese children. The woman pleaded guilty to charges of obtaining false documents. Data on the extent or nature of trafficking in the country are not maintained.
Homosexuality is not specifically prohibited in law, but discrimination is reported against homosexuals and against those living with HIV/AIDS. Many believe that persons infected with HIV/AIDS should not be allowed to work. The HIV/AIDS prevalence rate is high, and more than 40% of teachers are reported to be HIV-positive. Nearly 1 out of every 6 adults aged 15 to 49 is infected. The government has an HIV/AIDS education policy, and programmes combine political support, education strategy and accessibility of free antiretroviral medication. Education International and the Zambian National Union of Teachers (ZNUT) have instituted a programme to train teachers in HIV/AIDS Prevention. Materials have been produced and made available for use in schools on this topic.
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Education Rights
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Education is tuition-free for 9 years of schooling, but it is not compulsory and many children do not attend school. School fees and mandatory uniforms for primary education students have been eliminated in an attempt to increase school attendance. Reports indicate that teachers and school administrators still require students to wear uniforms or pay a fee before they can attend classes. The Net Enrolment Rate (NER) for children of primary school age increased from 66% in 1999 to 80% by 2006.
Inadequate educational facilities and scarce educational materials are problems. A report issued by a coalition of NGOs in support of education for all in Zambia cites poor living and working conditions of teachers as having led to the high attrition levels, especially of degree holders, causing serious problems, particularly in secondary schools. The report cites high teacher/pupil ratios, in some cases more than 80 : 1, as a deterrent to quality education, as well as inadequate and poor educational infrastructure.
Some areas have established community schools, but they have fewer resources than public schools and require additional contributions from parents. Almost equal numbers of girls and boys attend primary school, but fewer girls attend secondary school. Reports still cite sexual abuse of female students by teachers, and UNICEF officials note that sexual abuse in schools prevents girls from attending school. A Programme for the Advancement of Girls' Education has been instituted to keep girls in school and to bring drop-outs back to the classroom.
HIV/AIDS has had a devastating effect on the education sector, with some 40% of teachers reported to be HIV-positive. Some 1 million children under 15 have been orphaned, about 750,000 as a result of HIV/AIDS. These children are at great risk of child abuse, sexual abuse and child labour. 75% of all households care for at least 1 orphan, and children head some 7% of households due to the death of both parents. 30,000 street children are reported in Lusaka. A strategy has been introduced to provide shelter and protection to street children.
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Early Childhood Education (ECE)
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A 4-year programme begins at age 3.
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Primary Education
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Education is compulsory for ages 7 to 13. Primary school begins at age 7 and continues for 7 years. At this level 2% of education is private. The NER is 80% (49% female). Of students who enrol in Grade 1, 87% continue to the last grade of primary school. 7% of students repeat grades. 46,414 teachers (48% female) work at this level, and all are trained. The pupil/teacher ratio (PTR) is 49 : 1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 14 and is completed in 5 years. At this level 4% of education is private. 5% of students in upper secondary education study in technical vocational programmes. The NER is 24%. 5% of students repeat grades. There are 10,719 secondary teachers, 6,095 (28% female) in lower secondary and 4,614 (28% female) in upper secondary education. The PTR is 38 : 1 in lower secondary and 28 : 1 in upper secondary.
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Tertiary/Higher Education
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3,610 Zambian students study abroad, mainly in South Africa (1,363), USA (859), United Kingdom (541), Australia (317) and Namibia (228).
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Children with Special Needs
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No law specifically prohibits discrimination against persons with disabilities in education or in other services. Social discrimination in employment and education is reported. Little information is provided on the education of disabled persons.
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Refugee Children
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The law does not provide for the granting of refugee status or asylum in accordance with the 1951 UN Convention relating to the Status of Refugees or its 1967 Protocol, but the government has established a system for providing protection to refugees. The government cooperates with the UNHCR. According to the UNHCR, no Congolese or Rwandan refugees were deported during the year.
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Minorities and Indigenous Peoples
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Almost 90% of Zambians belong to one of the main ethnic groups: the Bemba, Nyanja-Chewa, Tonga, Tumbuka, Lunda, Luvale, Kaonde, Nkoya and Lozi. Each is concentrated in a particular geographic region of the country. Many groups are very small and not as well known. All ethnic groups can be found in Lusaka and the Copperbelt. A small Asian population is also present. Recently over 300 dispossessed white farmers have come from Zimbabwe and taken up farming at the invitation of the Zambian government.
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Academic Freedom
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While reports do not cite any violations of academic freedom, the law gives the Minister of Education the power to appoint the members of the University Council, which has a mandate to address faculty concerns. Some academics note this as an infringement of academic freedom.
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Gender Equality
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Women have equality with men in law but in practice are severely disadvantaged in employment and education. Married women employed in the wage economy have discriminatory conditions of service; they have little access to credit and remain dependent on their husbands financially. Few women own property. A deceased man's children share 50% of his estate, while his widow receives 20%, his surviving parents get 20% and other relatives receive 10%. The widow's share must be divided equally with any other women who can prove a relationship with the deceased. Traditional customs give all rights to inherit property to the deceased man's family, and property-grabbing by relatives is widespread.
An amendment to the penal code prohibits the sexual harassment of children, but no laws prohibit sexual harassment of adults, which is reported as common in the workplace. Domestic violence is also a serious problem, but no specific law addresses the issue. Cases of violence against women and children remain unreported. Infants and young children of incarcerated women are held in prison.
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Child Labour
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The Employment of Children and Young Persons Act was amended in 2004 to prohibit the employment of children in any commercial, agricultural or domestic work. It prohibits children from being employed in the worst forms of child labour as defined in international conventions. The minimum age for employment is 18, but with the consent of a parent or guardian a child may be employed at the age of 16. Child labour is a problem in subsistence agriculture, domestic service and in the informal sector. The Labour Commissioner enforces the minimum age requirements in the formal sector. 600,000 children are reported to be in the work force, and some 87% work in agriculture.
Children, often orphans who have lost both parents to HIV/AIDS, migrate to urban areas as street children where they survive in street vending or begging. In the worst cases they become victims of sexual exploitation. 5,000 children, mainly orphans found in urban settings, have been placed in formal and transitional classes, some being given vocational training. Labour inspectors are receiving formal training. Record-keeping systems have been developed for use by inspectors and investigators.
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Trade Union Rights
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Workers have the right to form and join trade unions, except police officers. 11% of the workforce is employed in the formal sector, of which about 60% is unionised. The right to collective bargaining is protected in law and freely practised. The right to strike exists, except for those in essential services. Civil servants have taken strike action. Forced or compulsory labour is prohibited, but there are reports that such practices occur. The government can call upon citizens to perform labour during national emergencies or disasters.
The minimum wage for non-unionised workers is set by category of employment; the legal maximum for a non-unionised worker is US$16.50 (83,200 kwacha) a month. The minimum wage does not provide a worker and family with a decent standard of living. Negotiated wages are higher. The work week is 48 hours.
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