The Human rights implications of Zambia's privatisation programme: The case of the Zambia consolidated copper mines(ZCCM),Roan antelope mine,Luanshya division
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Date
2013-10-10
Authors
Mofya, Brenda
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Abstract
Privatisation of state owned enterprises is currently in process the world over, in Europe, North America, Japan and numerous developing countries and newly industrialised countries. In Zambia also, Privatisation is in process.The main purpose of the privatisation programme has been: to reduce the role of the state in the economy thereby improving business competitiveness and efficiency; to reduce the fiscal deficit by using the proceeds from the sales to retire external and domestic debt; and to generate new cash flows through investment and tax revenues.This paper argues that human rights standards apply in the privatisation process, although this is often ignored. It argues further that often during privatisation the human rights of the majority of the people are undermined at the expense of economic advancement of a few minority groups. Taking the particular case study of the privatisation of the former Zambia state owned mining company, Zambia Consolidated Copper Mines (ZCCM), Luanshya Division - Roan Antelope Mine, it strives to show the extent to which the rights, especially economic rights have been violated. It also attempts to determine the differing levels of obligations of the various actors involved in the privatisation programme.The main objectives of this paper are; to assert the impetus behind privatisation in Zambia; to determine whether human rights standards apply in the privatisation process, thereby determining whether any of the various actors involved in the privatisation process in Zambia are under any obligations to respect these rights; to determine whether any specific human rights, particularly social and economic rights, have been violated during the privatisation process in Zambia and whether these are liable to have short or long term implication; and to make recommendation on how best to allocate responsibilities for protecting human rights during and after privatisation.This research is based on a combination of primary and secondary data. Secondary data involved gathering information from books, articles, journals, newspapers, government documents and conference papers. Primary data involved interaction and interviewing government officials, mineworkers and Luanshya residents.The first chapter is an introductory chapter, which gives the background to privatisation from a global point of view. This includes the definition of privatisation, factors that led to resort to privatisation and its main objectives. This chapter ends with a brief historical background of the process in Zambia.Chapter two presents the legal and administrative framework of the process in Zambia. It looks at the Privatisation Act, which is the chief implementing Act for privatisation and which gives the Government the legal mandate to privatise. The provisions of other Acts supporting privatisation are also highlighted in this chapter for the purposes
establishing the basic legal and administrative framework in which the process is being implemented.Chapter three presents the main actors in the privatisation process and strives to determine the human rights obligations each of them has.The fourth looks at the privatisation of ZCCM Roan Antelope mine. It presents a discussion of how the sale was done and whether the aftermath of the sale presents any violation of people's rights.Chapter five gives a brief summary of the paper and recommendations that could help the process of privatisation in the future, both in Zambia and elsewhere.
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Privatization --Law and legislation--Zambia , Human rights