-BA in Social Work from the University of Zambia, Lusaka, Zambia. -MA in Human Rights from Central European University, Budapest, Hungary. Phone: +260956506405 Address: Zambia
The following paper aims at highlighting how race and law influenced
activities between Europeans... more The following paper aims at highlighting how race and law influenced activities between Europeans and Africans in Northern Rhodesia. Race and Law were crucial determinants in how activities functioned in social relations, economic activities, trade unions and political party activities, and in the education sector. It advances that the British South African Company (BSAC) and later the colonial administration used the two aspects to the advantage of the European settlers which was at the expense of the livelihoods of the inhabitants, the Africans. It goes in details by showing what laws were enacted to advance European activities, and how race was instrumental in maintaining European control of Africans in Northern Rhodesia. This paper touches on activities that took place between 1890 to 1960.
The right to inclusive education for children with intellectual disabilities. A comparative legal analysis of the progress being made in Zambia, Kenya and South Africa, 2019
Children with intellectual disabilities form one of the most marginalized groups in society among... more Children with intellectual disabilities form one of the most marginalized groups in society amongst persons without disabilities and even among persons with disabilities. This statement shares the same sentiments as that of the Committee on the Rights of Persons with Disabilities in General Comment 4 on the high risk of exclusion persons with intellectual disabilities face. Marginalization has serious adverse effects on the children as it affects their socialization negatively. This also perpetuates discrimination and it leads to the denial of the enjoyment of human rights – which children without disabilities get to enjoy. International human rights law recognizes that children with intellectual disabilities are human rights holders. The CRC was the first international human rights convention to prohibit discrimination because of disability and it recognized the rights of children with disabilities. The CRPD is entirely dedicated to upholding the rights of persons with disabilities. Both conventions give children with intellectual disabilities the right to education. Countries which have rectified both conventions give their consent to be bound by the provisions of both conventions. Advancing education for persons with disabilities is a key factor because it is one half of human capital and it has the potential to help economies grow. Education is vital as it helps to unlock other fundamental rights. It helps children with intellectual disabilities to climb the academic ladder and to contribute to the economy of the country. Inclusive education is an important element that each country should aspire to achieve because it helps to eliminate discrimination and learners get to appreciate diversity. When learners appreciate diversity they tend to understand that the disabled can live normal lives and it becomes easy for socialization to take place outside the school environment. Therefore, this article explores the current legislation in place in Zambia, Kenya, and South Africa which help to protect or ensure that children with intellectual disabilities are getting an education. Legislation in this context implies the Acts of Parliament and constitutions. These laws will be analysed to evaluate the extent they meet international human rights standards as set out in the CRC and CRPD. The article also aims at exploring the existing best practices in the three countries.
In 1985 the United Nations held a world conference to review and appraise the achievements of the... more In 1985 the United Nations held a world conference to review and appraise the achievements of the decade for women. At this conference held in Nairobi, Kenya, the delegates earmarked the protection of women with sensory, physical, and mental disabilities as one of the areas of special concern. In 1991, the CEDAW in its General Recommendation 18 reaffirmed this stance and called for State Parties to ensure that women with disabilities are equally protected in society. Therefore, in this paper, I bring out the interconnection between GBV and women with disabilities in four Southern African Countries, namely, Malawi, South Africa, Zambia, and Zimbabwe. The paper will highlight the violence that women with disabilities face in the region, from four different country perspectives. In addition, I also aim at evaluating the effectiveness of the laws which are in place in these countries which aim at protecting women with disabilities from GBV. This will be followed by highlighting some of the best practices in the region.
The following is an analysis of the feminist debate on prostitution and trafficking with regards ... more The following is an analysis of the feminist debate on prostitution and trafficking with regards to whether it is indeed the " epitome of women's oppression " as suggest by the radical feminists or it is perhaps a " strategy of survival taken up by women, which should be respected " as suggested by liberals and socialists 1. This analysis is based on the article by Joyce Outshoorn entitled The Political Debates on Prostitution and Trafficking of Women. This paper will focus on prostitution, and trafficking of women/girls for sexual exploitation from a Zambian perspective. A conclusion will be drawn to highlight what I think about both schools of thought with regards to their views.
The following is an analysis of the work on violence against women done by Marcela Lagarde under ... more The following is an analysis of the work on violence against women done by Marcela Lagarde under 'Preface' in Terrorising Women: Feminicide in Americas. In this analysis, what I find the most intriguing is how she moves away from the use of the overly popular term femicide to the adoption of the term feminicide to describe the violence against women in Ciudad Juarez and throughout the entire Mexico. She goes on to describe feminicide as " genocide against women, and it occurs when the historical conditions generate social practices that allow for violent attempts against the integrity, health, liberties, and the lives of girls and women " 1. Some questions arise in this analysis: Does this term apply only to certain types of crime like genocide? What then qualifies as being feminicide vis-à-vis femicide? The term genocide is defined as " killing members of the group; causing serious bodily or mental harm to the members of the group (…) " 2. Additionally, for feminicide to qualify as genocide it must meet a threshold of aspects one being that these crimes must be against humanity. More simply, they must be crimes targeted at a group of people which may include, but not limited to the following: murder, extermination, enslavement, torture, rape, sexual slavery, and enforced disappearance 3. Indeed, acts of violence such as murder, torture and enforced disappearance took place in Mexico between 1999 to 2005, and were targeted against women/girls. Conversely, femicide does not always lead to death. It can encompass verbal, emotional, or physical abuse of women/girls 4.With this backdrop, it becomes easier to differentiate what crimes would fall under feminicide and femicide. Genocide has been used to describe incidences such as the events that took place in Rwanda in 1994. Just like in Rwanda, Marcela Lagarde uses this term to show that it can occur " because the authorities (…) are omissive, negligent or acting in collusion with the assailants " 5. Feminicide happens because there is a " partial breakdown of the rule of law because the state is incapable of guaranteeing respect for women's lives or human rights (…) " 6. In addition, with this understanding I can confidently state that for a crime to qualify under feminicide it must be part of systematic killing of women/girls based on sexist, misogynist, homophobic and lesbophobic ideas 7. Crimes that fall under feminicide and genocide are hefty and constitute a significant violation of human rights. In conclusion, the term feminicide brings in a new dimension in terms of how society views violence against women. By using the word genocide in defining the term, Marcela Lagarde captures the gravity of the crimes against women and the large numbers of women that die because of this vice. This substantial insight would have been lost if the term homicide was used because it does not capture the meaningful gravity of the crimes under feminicide.
There is a serious need to change societal attitudes that apportion blame to battered women for t... more There is a serious need to change societal attitudes that apportion blame to battered women for the violence that they face. Coupled with blaming the battered women for the violence is that society perceives Gender Based Violence (GBV) especially amongst intimate partners as a private matter and as such it is individualized, and treated as a trivial matter. People have often focused on the battered women and give a blind eye to the perpetrators of such violence 1. In other words, a woman's conduct is under constant scrutiny when it comes to cases of GBV whilst little focus goes into examining the behavior that has been exhibited by the men 2. This way of scrutinizing GBV only furthers male domination, and women subordination towards men. The following analysis offers an insight from a Zambian perspective on the need to re-focus GBV against women from viewing them as sources of the violence to examining patriarchy attitudes which incite this violence. No woman wants to be beaten, raped or verbally assaulted. With this backdrop, there is a dire need to understand that no matter the provocation, a woman should not be subjected to sexual or physical violence. Appalling statements by traditional leaders have called for the State in Zambia to regulate how women dress because " it is what is contributing to…cases of rape and defilement " 3. Again, this way of understanding GBV " perpetuates the power of patriarchy " by furthering " sex-based exclusionary laws " aimed at controlling women as " subjects…to public regulation and control " 4. Additionally, it is imperative for Zambian men to stop looking at women as objects for sex and rather as women with the same significance and values as them. In relation to blaming women as the sources of GBV, there is also the constant blame that is directed towards the woman for " not leaving the relationship, in order to maintain that denial and refuse to confront issues of power " 5. In other words, women who face GBV will be admonished for continuing being in a relationship with their abuser whilst overlooking the political implications of GBV which is to repeatedly maintain men's superiority over women 6. Furthermore, the denial of power and the power of denial has some notable consequences when applied to the above. Men will often deny having power to maintain their superiority over women whilst women's power to deny any violence supports this power that men exert on them 7.
Zambia has one of the highest rates of Gender-Based Violence (GBV) in Sub-Saharan Africa. Recorde... more Zambia has one of the highest rates of Gender-Based Violence (GBV) in Sub-Saharan Africa. Recorded at 89 per cent, it is the highest in the region this is despite having a law in place to help curb this problem 1. Additionally, failure to view GBV as being political but only viewed as being personal or based on culture has perpetuated this violence 2. Central to this is the need to maintain power " at home, at work, and in all public spheres " 3. Alice Edwards uses a feminist critique to state that adding to this conundrum has been furthered by the recognition that " international law privileges the public sphere of life and thereby refuses to recognize the specificity of the female life in the private sphere " 4. The public sphere has been given more recognition thus leaving the private sphere where most of the violence takes place invisible 5. Therefore, the following is an analysis of the criticism against public/ private dichotomy as argued by feminists. This analysis will be draw on some of the experiences from the Zambian context. Feminists have criticized International law by placing the private/public dichotomy almost entirely on the activities that take place between the state and the individuals, whilst having a blind eye towards the violence that women face in the privacy of their homes 6. Just like in many other parts of the world, cases of GBV happen in almost all homes in Zambia 7. Matters that relate to domestic (private) violence are often not reported and when reported they are usually settled outside the court. Zambia has a dual legal system in place that relies on both statutory and customary law. The latter controls most of the day-today life activities of most of its citizens and this is mostly done through " the local courts that administer customary law, which is primarily based on male power, authority and domination over women " 8. With this system in place, there is a disassociation on matters that take place in the private sphere by the government by leaving decisions that relate to it entirely to the judiciary. Even when presented with the opportunity to create laws that may help curb violence in the private sphere, the government is not addressing the plight of women coherently. " It has been observed that the Anti-Gender Based Violence Act (enacted in 2011) does not have clauses on criminalization of perpetrators " 9. In conclusion, criticism of international law with regards to the public/private dichotomy by feminists is rightly placed. In most societies, IPV is prominent and this takes the realm of the private sphere. International law needed to help create a link between this gap in domestic legislation by providing more protection for women faced with violence in that area. Treaties such as CEDAW may limit party states customary powers that subordinate women.
The following paper aims at highlighting how race and law influenced
activities between Europeans... more The following paper aims at highlighting how race and law influenced activities between Europeans and Africans in Northern Rhodesia. Race and Law were crucial determinants in how activities functioned in social relations, economic activities, trade unions and political party activities, and in the education sector. It advances that the British South African Company (BSAC) and later the colonial administration used the two aspects to the advantage of the European settlers which was at the expense of the livelihoods of the inhabitants, the Africans. It goes in details by showing what laws were enacted to advance European activities, and how race was instrumental in maintaining European control of Africans in Northern Rhodesia. This paper touches on activities that took place between 1890 to 1960.
The right to inclusive education for children with intellectual disabilities. A comparative legal analysis of the progress being made in Zambia, Kenya and South Africa, 2019
Children with intellectual disabilities form one of the most marginalized groups in society among... more Children with intellectual disabilities form one of the most marginalized groups in society amongst persons without disabilities and even among persons with disabilities. This statement shares the same sentiments as that of the Committee on the Rights of Persons with Disabilities in General Comment 4 on the high risk of exclusion persons with intellectual disabilities face. Marginalization has serious adverse effects on the children as it affects their socialization negatively. This also perpetuates discrimination and it leads to the denial of the enjoyment of human rights – which children without disabilities get to enjoy. International human rights law recognizes that children with intellectual disabilities are human rights holders. The CRC was the first international human rights convention to prohibit discrimination because of disability and it recognized the rights of children with disabilities. The CRPD is entirely dedicated to upholding the rights of persons with disabilities. Both conventions give children with intellectual disabilities the right to education. Countries which have rectified both conventions give their consent to be bound by the provisions of both conventions. Advancing education for persons with disabilities is a key factor because it is one half of human capital and it has the potential to help economies grow. Education is vital as it helps to unlock other fundamental rights. It helps children with intellectual disabilities to climb the academic ladder and to contribute to the economy of the country. Inclusive education is an important element that each country should aspire to achieve because it helps to eliminate discrimination and learners get to appreciate diversity. When learners appreciate diversity they tend to understand that the disabled can live normal lives and it becomes easy for socialization to take place outside the school environment. Therefore, this article explores the current legislation in place in Zambia, Kenya, and South Africa which help to protect or ensure that children with intellectual disabilities are getting an education. Legislation in this context implies the Acts of Parliament and constitutions. These laws will be analysed to evaluate the extent they meet international human rights standards as set out in the CRC and CRPD. The article also aims at exploring the existing best practices in the three countries.
In 1985 the United Nations held a world conference to review and appraise the achievements of the... more In 1985 the United Nations held a world conference to review and appraise the achievements of the decade for women. At this conference held in Nairobi, Kenya, the delegates earmarked the protection of women with sensory, physical, and mental disabilities as one of the areas of special concern. In 1991, the CEDAW in its General Recommendation 18 reaffirmed this stance and called for State Parties to ensure that women with disabilities are equally protected in society. Therefore, in this paper, I bring out the interconnection between GBV and women with disabilities in four Southern African Countries, namely, Malawi, South Africa, Zambia, and Zimbabwe. The paper will highlight the violence that women with disabilities face in the region, from four different country perspectives. In addition, I also aim at evaluating the effectiveness of the laws which are in place in these countries which aim at protecting women with disabilities from GBV. This will be followed by highlighting some of the best practices in the region.
The following is an analysis of the feminist debate on prostitution and trafficking with regards ... more The following is an analysis of the feminist debate on prostitution and trafficking with regards to whether it is indeed the " epitome of women's oppression " as suggest by the radical feminists or it is perhaps a " strategy of survival taken up by women, which should be respected " as suggested by liberals and socialists 1. This analysis is based on the article by Joyce Outshoorn entitled The Political Debates on Prostitution and Trafficking of Women. This paper will focus on prostitution, and trafficking of women/girls for sexual exploitation from a Zambian perspective. A conclusion will be drawn to highlight what I think about both schools of thought with regards to their views.
The following is an analysis of the work on violence against women done by Marcela Lagarde under ... more The following is an analysis of the work on violence against women done by Marcela Lagarde under 'Preface' in Terrorising Women: Feminicide in Americas. In this analysis, what I find the most intriguing is how she moves away from the use of the overly popular term femicide to the adoption of the term feminicide to describe the violence against women in Ciudad Juarez and throughout the entire Mexico. She goes on to describe feminicide as " genocide against women, and it occurs when the historical conditions generate social practices that allow for violent attempts against the integrity, health, liberties, and the lives of girls and women " 1. Some questions arise in this analysis: Does this term apply only to certain types of crime like genocide? What then qualifies as being feminicide vis-à-vis femicide? The term genocide is defined as " killing members of the group; causing serious bodily or mental harm to the members of the group (…) " 2. Additionally, for feminicide to qualify as genocide it must meet a threshold of aspects one being that these crimes must be against humanity. More simply, they must be crimes targeted at a group of people which may include, but not limited to the following: murder, extermination, enslavement, torture, rape, sexual slavery, and enforced disappearance 3. Indeed, acts of violence such as murder, torture and enforced disappearance took place in Mexico between 1999 to 2005, and were targeted against women/girls. Conversely, femicide does not always lead to death. It can encompass verbal, emotional, or physical abuse of women/girls 4.With this backdrop, it becomes easier to differentiate what crimes would fall under feminicide and femicide. Genocide has been used to describe incidences such as the events that took place in Rwanda in 1994. Just like in Rwanda, Marcela Lagarde uses this term to show that it can occur " because the authorities (…) are omissive, negligent or acting in collusion with the assailants " 5. Feminicide happens because there is a " partial breakdown of the rule of law because the state is incapable of guaranteeing respect for women's lives or human rights (…) " 6. In addition, with this understanding I can confidently state that for a crime to qualify under feminicide it must be part of systematic killing of women/girls based on sexist, misogynist, homophobic and lesbophobic ideas 7. Crimes that fall under feminicide and genocide are hefty and constitute a significant violation of human rights. In conclusion, the term feminicide brings in a new dimension in terms of how society views violence against women. By using the word genocide in defining the term, Marcela Lagarde captures the gravity of the crimes against women and the large numbers of women that die because of this vice. This substantial insight would have been lost if the term homicide was used because it does not capture the meaningful gravity of the crimes under feminicide.
There is a serious need to change societal attitudes that apportion blame to battered women for t... more There is a serious need to change societal attitudes that apportion blame to battered women for the violence that they face. Coupled with blaming the battered women for the violence is that society perceives Gender Based Violence (GBV) especially amongst intimate partners as a private matter and as such it is individualized, and treated as a trivial matter. People have often focused on the battered women and give a blind eye to the perpetrators of such violence 1. In other words, a woman's conduct is under constant scrutiny when it comes to cases of GBV whilst little focus goes into examining the behavior that has been exhibited by the men 2. This way of scrutinizing GBV only furthers male domination, and women subordination towards men. The following analysis offers an insight from a Zambian perspective on the need to re-focus GBV against women from viewing them as sources of the violence to examining patriarchy attitudes which incite this violence. No woman wants to be beaten, raped or verbally assaulted. With this backdrop, there is a dire need to understand that no matter the provocation, a woman should not be subjected to sexual or physical violence. Appalling statements by traditional leaders have called for the State in Zambia to regulate how women dress because " it is what is contributing to…cases of rape and defilement " 3. Again, this way of understanding GBV " perpetuates the power of patriarchy " by furthering " sex-based exclusionary laws " aimed at controlling women as " subjects…to public regulation and control " 4. Additionally, it is imperative for Zambian men to stop looking at women as objects for sex and rather as women with the same significance and values as them. In relation to blaming women as the sources of GBV, there is also the constant blame that is directed towards the woman for " not leaving the relationship, in order to maintain that denial and refuse to confront issues of power " 5. In other words, women who face GBV will be admonished for continuing being in a relationship with their abuser whilst overlooking the political implications of GBV which is to repeatedly maintain men's superiority over women 6. Furthermore, the denial of power and the power of denial has some notable consequences when applied to the above. Men will often deny having power to maintain their superiority over women whilst women's power to deny any violence supports this power that men exert on them 7.
Zambia has one of the highest rates of Gender-Based Violence (GBV) in Sub-Saharan Africa. Recorde... more Zambia has one of the highest rates of Gender-Based Violence (GBV) in Sub-Saharan Africa. Recorded at 89 per cent, it is the highest in the region this is despite having a law in place to help curb this problem 1. Additionally, failure to view GBV as being political but only viewed as being personal or based on culture has perpetuated this violence 2. Central to this is the need to maintain power " at home, at work, and in all public spheres " 3. Alice Edwards uses a feminist critique to state that adding to this conundrum has been furthered by the recognition that " international law privileges the public sphere of life and thereby refuses to recognize the specificity of the female life in the private sphere " 4. The public sphere has been given more recognition thus leaving the private sphere where most of the violence takes place invisible 5. Therefore, the following is an analysis of the criticism against public/ private dichotomy as argued by feminists. This analysis will be draw on some of the experiences from the Zambian context. Feminists have criticized International law by placing the private/public dichotomy almost entirely on the activities that take place between the state and the individuals, whilst having a blind eye towards the violence that women face in the privacy of their homes 6. Just like in many other parts of the world, cases of GBV happen in almost all homes in Zambia 7. Matters that relate to domestic (private) violence are often not reported and when reported they are usually settled outside the court. Zambia has a dual legal system in place that relies on both statutory and customary law. The latter controls most of the day-today life activities of most of its citizens and this is mostly done through " the local courts that administer customary law, which is primarily based on male power, authority and domination over women " 8. With this system in place, there is a disassociation on matters that take place in the private sphere by the government by leaving decisions that relate to it entirely to the judiciary. Even when presented with the opportunity to create laws that may help curb violence in the private sphere, the government is not addressing the plight of women coherently. " It has been observed that the Anti-Gender Based Violence Act (enacted in 2011) does not have clauses on criminalization of perpetrators " 9. In conclusion, criticism of international law with regards to the public/private dichotomy by feminists is rightly placed. In most societies, IPV is prominent and this takes the realm of the private sphere. International law needed to help create a link between this gap in domestic legislation by providing more protection for women faced with violence in that area. Treaties such as CEDAW may limit party states customary powers that subordinate women.
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Papers by Joel Msipu Phiri
activities between Europeans and Africans in Northern
Rhodesia. Race and Law were crucial determinants in how activities
functioned in social relations, economic activities, trade unions and
political party activities, and in the education sector. It advances
that the British South African Company (BSAC) and later the colonial
administration used the two aspects to the advantage of the
European settlers which was at the expense of the livelihoods of
the inhabitants, the Africans. It goes in details by showing what
laws were enacted to advance European activities, and how race
was instrumental in maintaining European control of Africans in
Northern Rhodesia. This paper touches on activities that took
place between 1890 to 1960.
Therefore, this article explores the current legislation in place in Zambia, Kenya, and South Africa which help to protect or ensure that children with intellectual disabilities are getting an education. Legislation in this context implies the Acts of Parliament and constitutions. These laws will be analysed to evaluate the extent they meet international human rights standards as set out in the CRC and CRPD. The article also aims at exploring the existing best practices in the three countries.
activities between Europeans and Africans in Northern
Rhodesia. Race and Law were crucial determinants in how activities
functioned in social relations, economic activities, trade unions and
political party activities, and in the education sector. It advances
that the British South African Company (BSAC) and later the colonial
administration used the two aspects to the advantage of the
European settlers which was at the expense of the livelihoods of
the inhabitants, the Africans. It goes in details by showing what
laws were enacted to advance European activities, and how race
was instrumental in maintaining European control of Africans in
Northern Rhodesia. This paper touches on activities that took
place between 1890 to 1960.
Therefore, this article explores the current legislation in place in Zambia, Kenya, and South Africa which help to protect or ensure that children with intellectual disabilities are getting an education. Legislation in this context implies the Acts of Parliament and constitutions. These laws will be analysed to evaluate the extent they meet international human rights standards as set out in the CRC and CRPD. The article also aims at exploring the existing best practices in the three countries.