Electoral Commission Says It Is Prepared for National

UNCLAS SECTION 01 OF 02 LUSAKA 001269

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV ZA
SUBJECT: Electoral Commission Says It Is Prepared for National
Polls

Refs: A. Lusaka 702, B. Lusaka 674, C. Lusaka 535

Summary
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1. (SBU) The Electoral Commission of Zambia (ECZ) is confident that
it will be fully prepared to conduct Zambia's tripartite elections
on September 28, according to ECZ Chairperson Justice Irene
Mambilima. The ECZ is in the process of packing ballots for
distribution and expects all polling stations to have ballots by
September 26. The ECZ is aware of violations of the electoral code
of conduct, including reports that traditional leaders are exerting
improper influence on their subjects, that many electoral complaints
are being overlooked, and that media coverage of political parties
has been unequal. Justice Mambilima is particularly concerned about
unfair media coverage and has spoken with media leaders and the
Ministry of Information and Broadcasting about the need for balanced
coverage. Cooperating partners agree that the ECZ has done a
commendable job of preparing for the September 28 election.
However, the Commission has been limited by a weak electoral law.
End Summary.

Ballots to Polling Stations
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2. (SBU) In a September 14 briefing for Chiefs of donor Missions,
Electoral Commission of Zambia (ECZ) Chairperson Justice Irene
Mambilima said that she is confident that the ECZ will be prepared
to conduct Zambia's tripartite elections, scheduled for September

28. The ECZ is pleased with the progress of ballot printing, which
is ongoing in Durban, South Africa, Justice Mambilima said. The
printing of the presidential ballots was completed last week.
Ballots began arriving in Lusaka on September 9, together with
ballots for parliamentary candidates in five provinces. The
remaining parliamentary ballots, as well as the ballots for local
elections, arrived in Zambia on September 16. The ECZ is in the
process of packing the ballots and will begin delivering them to
districts on September 22 using ECZ vehicles. District electoral
officers will then distribute the ballots to polling stations. All
polling stations should have the ballots by September 26, the
Justice said.

Electoral Code Violations
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3. (SBU) Donors raised concerns regarding the conduct of election
campaigns, including the undue influence some traditional leaders
appear to be exerting on their subjects, reports that many minor
electoral malpractices are overlooked, and that media coverage is
not always fair or balanced. Justice Mambilima said she was aware
of these problems and stressed that traditional leaders should
remain neutral with regard to candidates and should not attempt to
influence their subjects. Leaders who are trying to influence their
subjects should be counseled, the Justice suggested, noting that
local conflict resolution committees could also play a role in the
process. The ECZ will also raise the subject of traditional
leaders' influence with the media, in order to educate leaders as
well as their subjects. She also noted that ongoing voter education
efforts should raise the awareness of subjects regarding their
rights as voters.


4. (SBU) The ECZ has received many complaints involving minor cases
of electoral malpractice, Justice Mambilima acknowledged. In most
cases, the ECZ calls in violators to counsel them on the electoral
law and code of conduct. Conflict resolution committees also
receive complaints, which are resolved through counseling. In some
cases, electoral violations are reported directly to the police or
to the Anti-Corruption Commission. The ECZ does not know how many
cases have been investigated by these law enforcement agencies.

Unbalanced Media Coverage
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5. (SBU) Media coverage of political parties and campaigns is a
"real concern," the Justice said, noting in particular that
unbalanced television coverage on the state-owned Zambia National
Broadcasting Company (ZNBC) has been an ongoing problem. Justice
Mambilima recently spoke with ZNBC management to tell them that
their coverage of the elections was "totally unacceptable" and that
it could not continue. The Justice said that she also called other
media leaders to explain the law and their obligation under the
electoral code of conduct to provide fair and balanced coverage. To
allow the ECZ to evaluate compliance with the law, Justice Mambilima
asked the media outlets to maintain records of their news items and
programming.


6. (SBU) Justice Mambilima noted that the Ministry of Information
and Broadcasting (MIB) exerts considerable influence over ZNBC and
speculated that problems with unfair coverage at ZNBC might be
originating at the MIB. The Justice said that she expressed her

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concerns about unfair media coverage to senior officials at the
Ministry, including Permanent Secretary Emmanuel Nyirenda. If ZNBC
did not begin providing more equitable coverage, the ECZ would ask
for limits to be placed on the time the station could devote to
covering the ruling Movement for Multi-party Democracy (MMD). She
noted that ZNBC has the equipment it needs to cover all of the
political parties and has no excuses for not doing so. The ECZ will
monitor media coverage to ensure compliance with the law, the
Justice emphasized. She admitted that the ECZ did not have the
ability to monitor all community radio station programs, but was
using community radio as part of its efforts to educate voters in
remote areas.

Comment
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7. (SBU) Cooperating partners were uniform in their praise for
Justice Mambilima and her staff at the ECZ, who have gone to great
lengths to ensure that the ECZ is prepared for the vote and does not
repeat the mistakes of the 2001 election. Even though the ECZ has
done good work, Justice Mambilima's comments revealed that the
Commission's effectiveness has been limited by the weak electoral
reform bill signed by the president in May 2006 (Refs A-C). In its
final report submitted to government in August 2005, the Electoral
Reform Technical Committee (ERTC) anticipated many of the problems
acknowledged by Justice Mambilima. The government has not complied
with the ERTC recommendations that it fully implement the
Independent Broadcast Authority (IBA) Act and the Zambia National
Broadcasting Corporation Act to ensure equitable access to the media
by all political parties. In the case of the IBA, the government is
appealing a court order holding it in contempt for its refusal to
submit to parliament a list of independent board members compiled by
media bodies in accordance with the IBA Act. The government has
also failed to act on the ERTC recommendation that it amend other
election-related legislation to provide law enforcement agencies,
such as the Anti-Corruption Commission (ACC),with a clear mandate
regarding their role in the electoral process.

PASSEN