Friday, April 16, 2010

NCC rejects clause on access to food, water

COMMENT - This is disgraceful. Just because you have a right to water, food and shelter would not mean you actually get those from the government. It would mean that your right to these basic necessities of life would supercede anyone else's right which would clash with those rights. It would mean fewer profits - it certainly would mean a better society.

NCC rejects clause on access to food, water
By Ernest Chanda
Fri 16 Apr. 2010, 04:10 CAT

DELEGATES at the National Constitutional Conference (NCC) on Wednesday laughed at and rejected the Mung’omba clause that sought to give every person a right to have access to food and water. The delegates also rejected a clause that could have given every person a right to adequate shelter and housing.

Article 74 (1) of the Mung’omba draft constitution states that: “Every person has the right to be free from hunger and to have access to food in adequate quantities, of adequate quality and cultural acceptability.”

But the Human Rights Committee of the NCC revised the clause and proposed it to read: “Every person has the right to have access to food and water.”

Nevertheless, both clauses were rejected on grounds that they were not tenable in the Zambian set up. As soon as Human Rights Committee chairperson Enock Mulembe started reading out the clause, several delegates burst into laughter with some of them passing running commentaries on the rationality of the clause.

The laughter went on for a few minutes before NCC chairperson Chifumu Banda interrupted and allowed Mulembe to read on.

The majority chose not to debate the clause except to laugh it off. But commissioner Noriana Muneku argued that it was not good for the delegates to just sit there and delete clauses even when the situation did not demand so.

“This clause is a good one because we can’t have a nation without access to water. We cannot afford to sit in here and start sanctioning that such and such a clause be deleted. We all know that every person needs water and food for their survival, and I think the clause deserves our support,” debated Muneku.

Clementina Chipeta from the United Liberal Party argued that every person needed food in spite of their status in society.

“Chairperson, this clause is non-controversial and we must support it. We have friends and relatives in prisons who also need food. It is a basic human right that should be granted to them regardless of their condition,” debated Chipeta.

And several delegates argued that guaranteeing people a right to shelter and housing was not tenable in our economy.

Article 73 (1) of the Mung’omba draft constitution states that: “Every person has the right to have access to adequate shelter and housing.”

But justice deputy minister Todd Chilembo described the clause as utopian.

“I think this clause is utopian. Even Kaunda and his humanist regime did not have this dream. You are talking of good shelter with bathing shower and toilet for every person, how possible is that? We don’t want to live in an utopian society,” argued Chilembo.

Commissioner Able Chilukuta from Nchelenge district council argued that the clause would promote laziness.

“This clause should not be in the constitution. If adopted, this clause will impact negatively on people who pay tax. Already a few people are burdened with tax and if we adopt this clause then we are saying that these people should be taxed more in order for the government to provide shelter to everyone. We should not promote clauses that encourage laziness.

The other thing also is that we have got a different category of people that will need shelter. We are saying that even a mad person will go to government and say ‘I need descent shelter’; so this clause should be rejected,” debated Chilukuta.

After voting, both clauses were overwhelmingly rejected by the conference.

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