THE LAW AND POLICY ON YOUTH EMPOWERMENT IN ZAMBIA

File picture source: ZNBC

By Innocent Siachitoba, Noel Chulu and Andrew Mukuwa

1.0 Introduction

Change and progress are synonymous with youthfulness. Youth are an important generation in any society. Their role in development is indispensable. As the world is advancing rapidly in terms of technology, the youth are at the forefront of global change and innovation. For a country such as Zambia, the need to empower the youth to be part of the societal and national development cannot be overstated.

This article discusses the law and policy on youth empowerment in Zambia. The motive for writing this article is to highlight the role youth play in the development process, the policies that are in place to enhance their participation in the empowerment programmes, the challenges they are facing as well as recommending what should be done in order to boost youth participation in the economic activities of the nation. The article is supplemented with the snap survey findings.

The aim and purpose of the youth empowerment programme is to create awareness internally and externally, have a community support system and learn and master skills that will enable them to create work. Youth empowerment creates a sense of responsibility and leadership skill in our youth due to which they can feel and identify the actual practical problems of the society from which many people are suffering[1].

“Tell me and I will forget,

Teach me and I may remember,

Involve me and I learn”

– Benjamin Franklin

In Zambia, the youth are faced with socio-economic hardships which are evident from the rising poverty levels, unemployment, HIV and AIDS and other education and health related problems which negatively affect them. Due to the above mentioned problems, most youth lack a sense of self-esteem, which is supposed to help them to be active citizens in the development of the country, rather than passive observers.

1.1 Who is a youth?

There is no universally agreed international definition of the youth age group. The definition of a youth varies from one place to another. For statistical purposes, however, the United Nations, without prejudice to any other definitions made by Member States defines ‘youth’ as those persons between the ages of 15 and 24 years[2]. The Commonwealth Youth Programme defines youth as a male or female aged between 15 and 29 years while in Zambia, a youth is described as any person aged between 15 and 35 years of age[3].

2.0 The Legal Framework on Youth Empowerment in Zambia

2.1 The Legal Landscape

With successive governments, Zambia has committed to youth empowerment through ensuring that pertinent international instruments that recognize the need to empower and support the youth are adopted and enforced in Zambia. As a State Party to these international instruments, Zambia is obligated to give the provisions of these instruments effect. To this end, youth rights fostering youth empowerment and development are reflected, enforced and implemented at national level through the following instruments:

3.0 International Instruments

3.1 Convention on the Rights of the Child

The Convention sets out the civil, political, economic, social and cultural rights of all children without discrimination to race, ethnicity, religion or abilities.

The articles of the Convention set out children’s rights and how governments should work together to make them available to all children. Article 4 obligates States Parties to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties are required to undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

Under the terms of the convention, governments are required to meet children’s basic needs and help them reach their full potential[4]. Article 3, 9, 20 and 37 reflect the importance of observing “the best interests of the child” as a primary consideration in circumstances concerning children. Article 31 guarantees the right of children to participate, stating that, States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity. These and other rights are the right of every child without any discrimination to the child or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

As a States Party, having ratified the Convention on 6 December 1991, Zambia is obligated to recognise and ensure the enforcement and realisation through domestic legislation, policies and strategies of these and other rights contained within the Convention.

3.2 Africa Youth Charter

The African Youth Charter provides a strategic framework for youth empowerment and development activities at the continental, regional and national levels across Africa. It addresses key issues affecting youth, including employment, sustainable livelihoods, education, skills development, health, youth participation, national youth policy, peace and security, law enforcement, youth in the diaspora and youth with disabilities. The Charter provides an avenue for effective youth participation in the development process.[5]

According to Article 10, which provides for youth development, every young person has the right to social, economic, political and cultural development. Article 11, while similar to Article 31 of the UNCRC above, goes further by increasing the ambit of the right of participation of youth to all spheres of society.

As a member to the treaty, following ratification on 16 September 2009, Zambia is obligated to ensure the participation of youth in parliament and other decision- making bodies in accordance with prescribed laws such as the Constitution; to facilitate the creation or strengthening of platforms for youth participation in decision-making at local, national, regional, and continental levels of governance; and to give priority to policies and programmes that offer marginalised youth the opportunity and motivation to re-integrate into mainstream society.

4.0 Domestic Legislation

4.1 The Constitution, Chapter 1 of the Laws of Zambia

As the supreme law of the land, all international, regional and national legislative instruments and policies that are brought into effect or implemented in Zambia are done so in the spirit of and in conformity with the Constitution.

Notwithstanding the fundamental rights and freedoms afforded to every man and woman in Part III of the Constitution, the Constitution affords the youth rights such as Article 23 – the right not to be discriminated against, and Article 24 – the right not to be exploited. It also guarantees youth the right to participate in the economy and governance of the country. Article 259 provides that where a person is empowered to make a nomination or an appointment, that person shall ensure equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment.

Furthermore, Article 68 and 69 accord the president the authority to nominate not more than eight members of the parliament. The effect of this section is that it allows for the opportunity for greater youth parliamentary representation.

4.2 The National Youth Development Council Act

The National Youth Development Council Act was promulgated to establish the National Youth Development Council. It sets out the functions of the Council and provides guidelines for the registration of youth organisations and matters connected.

The National Youth Council is mandated under section 8 of the Act to coordinate youth activities, evaluate and maintain youth programmes, assist and encourage organisations in youth development in the initiation of youth training and development programmes, and initiate, operate and manage non-profit making or profit making projects in support of youth development to mention a few functions.

The Act provides for the coordination, implementation, and evaluation of youth programmes. In conjunction with the National Youth Policy, an enabling environment for youth development and empowerment is cultivated through socio-economic factors such as health, education, and craft industry.

4.3 The Education Act No. 23 of 2011

The Education Act regulates the provision of accessible, equitable and qualitative education. It provides for the establishment, regulation, organization, governance, management and funding of educational institutions, and the establishment of education boards and their functions. It is the piece of legislation that domesticates the UNCRC in relation to education in Zambia[6] and ensures that young people have access to education irrespective of race, ethnicity, or religion.

According to section 14 of the Act, subject to the Constitution and the other provisions of the Act, a person has the right to early childhood care, development and education; basic education, including adult literacy education; and high school education. The section further guarantees the Government’s commitment to making general and vocational education progressively available and accessible to all persons.

The right to maximum youth development is furthered by the provision of free elementary education[7] and the prohibition of underage marriages involving a child learner. For the purposes of the Act, a child is defined “as a person who has not attained the age of sixteen years”. The prohibition allows for female youths to have a chance at finishing and furthering their education in order to be able to contribute even more to their families, homes, and society.

Moreover, the initiative by the New Dawn Government to provide free education at primary level affords all youth with access to schools the opportunity to have a chance to participate in the economy and development of the nation.

4.4 The Employment Code Act No. 3 of 2019

The Employment Code Act is an Act that regulates the employment of persons, prohibits discrimination at an undertaking, provides for the engagement of persons on contracts of employment and provides for the form and enforcement of the contracts of employment, as well as provides for employment entitlements and other benefits. In addition to these and other provisions, it protects wages of employees and regulates the employment of children and young persons.

The Act guarantees the right to employment for youth.

Section 5 prohibits an employer from discriminating directly or indirectly against an employee or prospective employee on grounds of colour, nationality, tribe or place of origin, language, race, social origin, religion, belief, conscience political or other opinion, sex, gender, pregnancy, marital status, ethnicity, family responsibility, disability, status, health, culture or economic grounds.

Section 7 prohibits from engaging in casualisation which is an employment practice where an employer, without permissible reason, engages or re-engages an employee on a temporary or fixed basis, to perform work which is permanent in nature — that results, without justifiable reason, in the different treatment of an employee compared to a full-time or other category of employee of the employer; or which has the effect of enabling the employer to avoid any obligations, or depriving an employee of any rights under the Act.

Section 8 prohibits forced labour and section 16 provides for the minimum age (15 years) by which a person can be employed. While section 7 and 8 protect youth against exploitation, section 16 protects children against being exploited and makes it a punishable offence to employ a person under the age of 15 years, the punishment on conviction being a fine not exceeding five hundred thousand penalty units or imprisonment for a term not exceeding five years, or both.

These provisions ensure that youth develop to their full potential and have the opportunity to effectively participate and/or contribute to societal and national development. As a force of change and progression for a better tomorrow, this is vital.

5.0 Overview of Youth Policy in Zambia

In 1994, the Zambian Government developed the first National Youth Policy. Despite the existing framework dealing with the youth, the Government sought to address emerging socio-economic challenges facing, especially, the youth such as poverty, unemployment, poor education levels, general health and the instance of HIV and AIDS. This end, a revised policy was adopted in 2006. The second National Youth Policy was developed to reflect regional and international instruments such as the Millennium Development Goals, Copenhagen Commitments on Social Development, the World Programme of Action for Youth (WPAY), Commonwealth Plan of Action for Youth Empowerment (PAYE) 2007-2015, and the African Youth Charter[8].

The 2015 National Youth Policy seeks to provide an enabling environment that promotes the rights and obligations of the youth and foster their participation in national development. The third policy has been developed to provide a framework for government to fully engage the youth and stakeholders in a meaningful partnership to develop appropriate interventions and services for youth empowerment.[9]

The policy is guided by the following key principles namely, equal access to socio economic and employment opportunities, equal opportunities and equitable distribution of resources, gender equity and equality, respect for human rights, respect for cultural, religious, customary and ethical values, and transparency and accountability[10]

The youth constitute the majority of the Country’s population. It follows that adequate investment in the youth is vital if Zambia’s renaissance is to be realised.

6.0 Snap Survey Findings

6.1 Background information of respondents

A snap survey was conducted by the Commission using Monkey Survey. This is a cloud-based survey tool that helps users create, send and analyze surveys[11]. The link was shared on the Commission’s Facebook Page where 22 respondents consisting of 14 males (64%) and 8 females (36%) took part in the survey.

Figure 1: Respondents by gender