Zambia Law Development Commission

ZAMBIA LAW DEVELOPMENT COMMISSION’S ROLE IN PROMOTING NATIONAL UNITY

 

The slogan, “one Zambia, one nation” has become a national motto that we all recognise as call to build the nation through a unified effort.  As the country commemorated Heroes Day and Unity Day last week on 1st and 2nd July, respectively, under the theme “One Zambia, one nation”, we were once again reminded that the countries development agenda can only be achieved when we recognise that we can do more when we work together as a collective, than as individuals or in sects.

Addressing thousands of people at the Lwiindi Gonde Ceremony in Monze on July 2, 2024, President Hakainde Hichilema called on citizens to foster national unity as the country celebrates its Diamond Jubilee. He echoed this same message on March 15, 2024, when he addressed the third session of the thirteenth National Assembly to update the nation on the progress made in applying national values and principles as provided in the Constitution of Zambia.

Is national unity as a catalyst for achieving national development?

Plans for national development are formulated by Governments and are based on the needs and priorities of the citizens. The Zambian Government issues a national development plan every five years. On September 1st, 2022, President Hakainde Hichilema launched the 8th National Development Plan (8NDP) for 2022-2026 under the theme of “Socio-economic transformation for improved livelihoods”. The 8NDP identifies the challenges being faced by the Zambian people and aims to address them by improving the social and economic conditions in the nation. One of the strategies in the plan is to promote trade and investment by the private sector[1].

The importance of unity cannot be overstated when it comes to development. A unified country fosters an approach to development that is organised, efficient, and coordinated, as a result of the unity of purpose. This ultimately increases the likelihood of achieving developmental goals. Further, investors are more likely to put their money in countries that demonstrate political stability[2] and have robust frameworks to safeguard their interests. Political stability and robust frameworks are greatly influenced by the level of unity within the country.

A country divided fosters instability and hinders development. In Zambia, division is a legacy of colonialism which was charactorised by racism and marginalization which meant that the natives did not have an equal opportunity to meaningfully participate in and enjoy the fruits of development. Heroes Day and Unity Day serve as reminders of the valiant efforts of the men and women that stood for unity and succeeded in gaining the independence of the country.

The Government has enacted various pieces of legislation that seek to punish divisiveness and to protect and maintain national unity, thereby supporting the countries development agenda. These laws include, firstly, the Constitution of Zambia which is the anchor legislation for unity. Article 8 states that the national values and principles include patriotism and national unity; human dignity, equity, equality, and non-discrimination; good governance and integrity; and sustainable development. Article 23 states that no person shall be treated in a discriminatory manner, and that the word “discriminatory” means affording different treatment to different persons because of race, tribe, sex, place of origin, marital status, political opinions colour or creed. Further, Article 42 states that every citizen has the responsibility to foster national unity and to live in harmony with others.

In upholding the Constitutional principle of unity, the Penal Code Act prohibits the uttering of words intended to wound religious feelings and the expression of hatred, ridicule, or contempt based on race, tribe, place of origin, or color. Recognising the divisive nature of politics, the Electoral Process Act aims to ensure free and fair elections by outlining a code of conduct for electoral candidates to adhere to. To safeguard all Zambians from divisive conduct that compromise human rights, the Human Rights Commission Act establishes a Commission responsible for ensuring the protection of the human rights as stipulated by law. Furthermore, the Gender Equity and Equality Act was enacted to ensure that both men and women have equal opportunities for reaching their full potential.

On the international level, Zambia, as a member of the United Nations has pledged to leave no one behind, in line with the the 2030 United Nations Agenda for Sustainable Development.  This commitment represents determination to end discrimination and exclusion, and reduce the inequalities and vulnerabilities that leave people behind and undermine the potential of individuals and of humanity as a whole.

In conclusion, considering the significant role that the law plays in achieving national unity and national development, it is important for us, as Zambian citizens, to embrace our constitutional responsibility of advancing national unity through actively participating in the reformation and development of legislation. By doing so, we can ensure that the fundamental principles of unity, which we commemorate on Heroes Day and Unity Day each year, are effectively incorporated into our legal framework.

Do you have any suggestions on how the law can be enhanced? Please submit your proposals to the Zambia Law Development Commission. Together, we can work towards fully realizing our national motto – “one Zambia, one nation”.

The Author, Mr Innocent Siachitoba is a Research Officer at the Zambia Law Development Commission.

 

[1] Page 2 of the 8NDP

[2] 2022 Survey on Private Sector Foreign Investment in Zambia, prepared by the Balance of Payments Statistical Committee of the Government of the Republic of Zambia