By Precious Simuchoba
The theme for this year’s Youth Day celebration is unique as it encourages the youth to actively contribute to positive transformation in society as well as challenges them to take centre stage in championing the development agenda as Zambia celebrates 60 years…
The Zambian Constitution defines youth as a person who has attained the age of nineteen years but is below the age of thirty-five years[1] while the National Youth Policy which was developed in 2015 defines youth as a person aged between 15 and 35 years old[2]. Further, the African Youth Charter defines youth as every person between the ages of 15 and 35 years[3]. The definition under National Youth Policy is inconsistent with the definition under the Republican Constitution. Therefore, the definition under the Policy contradicts the Constitution. Further, it has been observed that the definition under the Constitution is similar to the one contained in the African Youth Charter except the Constitutional definition does not apply to persons between the age of 15-18 years. These are under the Constitution defined as young persons.
As Zambia celebrates youth day, it is important to recognise that the youth are seen as the pillar and backbone of the economy of the nation as they are the future leaders and decision markers. They constitute about 35.3 % of the Zambian population[4]. Therefore, youth are a critical mass and valuable human asset that, if harnessed well, can act as an engine that can drive Zambia‘s sustainable economic and human development of the nation to attain Vision 2030 of a prosperous middle-income country[5].
The question then is what role can the youth play in addressing these challenges, to champion national development. Further, what policies and laws are in place to support youth participation and involvement as agents of national development? Read more:
The role does youth play in championing national development?
As a country, it is important to have a sustainable plan to govern the national affairs such as having sustainable human development for the future generation. Therefore, the role of youth in national development is being able to replace the older generations as they get old. This means that the youth should be given a conducive environment so that they can access employment, education, health care, financial inclusion, and information and technology. When youth are employed, it provides them an opportunity to earn income and hence helps to reduce poverty and invest in the economy for increased economic growth[6].
Furthermore, youth have the power to transform the nation into a better place by influencing policies and decisions of national affairs as they are considered by politicians and decision-makers as frontline soldiers. But because of their challenges, they are unable to realise the strong power that they have to better their communities and the nation as a whole. A Notable example is during the 2021 general election when youth turned out in numbers to vote and this led to change of the government from the Patriotic Front to the United Party for National Development.[7]
The government policy and laws in support of youth participation and involvement as drivers of change?
The government is committed to enhancing the participation of all vulnerable persons, including the youth, in governance matters and decision-making at all levels. This is evident from the constraints identified under the 8NDP where concerns have been raised that “the country continues to record low participation in democratic and political governance processes as well as decision-making by women, the youth, and persons with disabilities.”[8] Therefore, the following policies and laws have been developed to enhance youth participation.
- The National Youth Policy, 2015
The policy aims at ensuring youth mainstreaming and coordination of the government’s efforts towards youth development and economic empowerment through focused programs and investment in youth employment, entrepreneurship development, education and skills development, health and cultural promotion, creative industries, and sport[9]. In line with this, the Policy provides the youth with equal access to opportunities to enable them to grow, develop, and prosper as fully engaged, responsible, patriotic, and productive citizens[10].
- Constitution of Zambia, Chapter 1 of the Laws of Zambia
The Constitution is the supreme law of Zambia and binds every person or authority.[11] On matters of inclusion and youth participation, the Constitution provides in Article 259 that:
- Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure—
- that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public office circulars or establishment registers;
- that fifty percent of each gender is nominated or appointed from the total available positions unless it is not practicable to do so; and
- equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment.
It follows, from the provisions of Article 259(1) (c), that the youth must be represented in all sectors and positions of power. Therefore, their inclusion and participation have been reflected in the supreme law.
- The Education Act No.23 of 2011
The Act guarantees access to education for all and youth development. It states that a person has the right to early childhood care, development, and education, basic education including adult literacy education, and high school education[12]. Adult literacy education is provided to adult learners to enable them to acquire reading, writing, numeracy, and other skills for sustainable livelihood[13]. Therefore, the Act ensures that Zambia has a youthful population that is educated with the full potential to drive the development agenda and transform it into a better country. However, it does not contain provisions for free education through the elimination of tuition and examination fees.
- The Citizen Economic Empowerment Act No.9 of 2006
The Act promotes inclusive economic growth and empowerment in Zambia. It supports and integrates underprivileged and marginalised groups including youth into the mainstream of the economy. Further, it encourages the training of citizens including youth to enable them to effectively participate in the value -chain or to achieve broad-based economic empowerment[14]. The Act promotes youth acquiring training to have skills for empowerment that can help for socio-economic development.
- Skills Development Levy Act, 2016
The Act provides for the skills development levy of 0.5 percent of gross emoluments to be channeled towards the funding of technical and vocational education and entrepreneurship training. The Act provides funds that are used for infrastructure and equipment for Technical Education and vocational and Entrepreneurship Training institutions for youth[15]. Therefore, the Fund created under the Act is utilised for the purpose of empowering the youth with skills.
- The National Youth Development Council Act, Chapter 144 of the Laws of Zambia
The Act establishes the National Youth Development Council, setting out the functions of the Council and providing guidelines for the registration of youth organisations. The Council is mandated to coordinate youth activities, evaluate and maintain youth training and development programmes, and initiate, operate, and manage non-profit making or profit-making projects in support of youth development among others[16]. The Act promotes youth empowerment and encourages youth to register their programs to generate income reduce the level of poverty in their communities and contribute towards national development.
- The Employment Code Act, No.3 of 2019
The Act regulates the employment of persons, prohibits discrimination undertakings, and among others regulates the employment of children and young persons.[17] The Act prohibits casualisation where an employer engages an employee temporarily or fixed basis to perform work and forced labour[18]. Further, the Act provides for a minimum age of 15 years by which a person can be employed[19]. This Act protects children and youth from being exploited by employers. Additionally, the provisions in the Act mainstream youth into critical sectors of the economy and create an environment that encourages equal opportunities in accessing employment in Zambia.
- Information and Communication Technologies Act of 2009
The Act among other things implements the ICT Policy which acknowledges that ICT increases productivity, improves information access and dissemination, and equitable participation in social, political, and economic spheres[20]. The Act promotes access to information for youth to acquire knowledge and innovative skills that can bring personal and community development.
Recommendations
It is recommended among other things that:
- There is a need to revise the definition of youth under the National Youth Policy from 15 – 35 years to 19 – 35 years to ensure that the definition is aligned with the one contained in the Republican Constitution.
- The Education Act be amended to include provisions on free education, and elimination of tuition and examination fees to reflect the current administrative measure and practice intended by the government to make education available and accessible at primary and secondary levels in Zambia.
- The National Youth Development Council Act needs to be amended to provide a clear and comprehensive procedure for registering youth programs or businesses and accessing finances and skills to empower youth in Zambia.
- The Information and Communication Technologies Act needs to be amended to promote innovation among youth in the ICT sector and to create an environment that encourages youth to have access to ICT and internet connectivity.
- Youth empowerment must be mainstreamed, and supported by legislation, in all sectors in Zambia.
FOOT NOTES
[1] Article 266 of the Zambian Constitution.
[2] The National Youth Policy, 2015.
[3] African Youth Charter
[4] Zambia Statistics of Agency, Census Report, 2010.
[5] Ibid
[6] Ibid
[7] https://www.cartercentre.org: Analysing Zambia’s 2021 General Election Final Report.
[8] Republic of Zambia, 8th National Development Plan 2022 – 2026 at page 66
[9] The National Youth Policy, 2015.
[10] Ibid
[11] Article 1 of the Constitution
[12] Section 14
[13] The Education Act No.23 of 2011
[14] Section 17
[15]https://www.donorplatform.org> Zambia _Case_Study -Youth Ahead: Policy Innovations to Create Opportunities for Young People in Africa’s Agrifood Systems.
[16] Section 8 of the National Youth Development Council Act
[17] Employment Code Act No.3 of 2019.
[18] Sections 7 and 8
[19] Section 16
[20] Information and Communications Technology Act, 2009.