VICE PRESIDENT ON ANTI-CORRUPTION EFFORTS, GMOS,

C O N F I D E N T I A L LUSAKA 000117


E.O. 12958: DECL: 02/19/2019
TAGS: PGOV KCOR SNAR BTIO ZA
SUBJECT: VICE PRESIDENT ON ANTI-CORRUPTION EFFORTS, GMOS,
FIU: GRZ WILLING, BUT BUREAUCRACY IS WEAK

Classified By: Ambassador Donald Booth, reasons 1.4 (b) and (d).


1. (C) Summary. Vice President and Minister of Justice
George Kunda indicated his government's willingness to move
forward on anti-corruption, reopening discussion of GMOs, and
anti-money laundering efforts, among other topics, during a
discussion with the Ambassador on February 19. In almost
every case, however, Kunda referred to the necessity of
Cabinet approval of a policy or initiative as a prerequisite
for progress, which in some cases can translate into years of
delay. Kunda also expressed gratitude for USG efforts on
HIV/AIDS and governance and expressed interest in pressing
forward with Millennium Challenge Compact negotiations. End
summary.


2. (U) The Ambassador Vice President and Minister of Justice
George Kunda on February 19 to engage on Mission priorities.
Kunda led off by expressing the GRZ's gratitude for USG
assistance on HIV/AIDS and governance and also expressed his
pleasure that Zambia had been declared eligible to negotiate
a Millennium Challenge Account compact. The Ambassador
stressed that Zambia would need to maintain its eligibility
throughout compact negotiations and asked in particular about
five pieces of anti-corruption legislation that a
USG-supported consultant had prepared drafts of and turned
over to the MOJ in 2007. The proposed drafts involved
disclosure of assets, presentation of evidence, whistleblower
protection, plea negotiations and agreements, and proceeds of
crime.


3. (C) Kunda said that the MOJ's drafting department was
currently working on legislation regarding evidence and
promised to pass along the consultant's proposed draft in
that area. Regarding disclosure of assets, Kunda said that
the National Constitutional Conference (NCC) has approved
some provisions related to the issue and as such it was not
advisable to propose "subsidiary legislation" until the NCC
made its final recommendations. On the remaining three
fronts, Kunda said that the MOJ would prepare an omnibus
anti-corruption bill that included such provisions once the
Cabinet approved the anti-corruption policy (a policy that
has been pending for several years). The new law would also
contain provisions consolidating the powers of the Task Force
on Corruption within the Anti-Corruption Commission, because
Kunda noted, "having separate institutions is too
fragmented." Kunda said he thought that approval of the
anti-corruption policy (promised to donors in late 2007)
could happen "any time" but refused to offer any more
specifics.


4. (C) Regarding the establishment of a financial
intelligence unit and anti-money laundering (AML) efforts in
general, Kunda acknowledged that the current AML unit housed
at the Drug Enforcement Commission (DEC) needed to be
reformed through new legislation and said that the GRZ was
"committed" to working on the problem. According to Kunda,
Cabinet approval is needed to move forward on a planned
"administrative unit" that would be able to gather and
evaluate information from financial institutions. He also
noted that Zambia will be working in the context of the
Southern Africa Development Community (SADC) to establish a
regional FIU (comment: Kunda, who earlier in his career
helped establish the DEC's AML unit, had been an obstacle to
progress on a modern FIU in the past).


5. (U) Given the Vice President's role as the head of the
government's Disaster Management and Mitigation Unit (DMMU),
the Ambassador briefed Kunda on our efforts to provide
containers of disaster response articles as well as potential
training for Zambian security forces on disaster response.
Kunda said that the GRZ might be interested and asked for
more details.


6. (C) The Ambassador also pressed Kunda regarding Zambia's
position on biotechnology and GMOs, given recent private
comments by President Banda expressing a hope that the debate
could be re-opened. Noting that "we believe there is no need
to maintain a rigid position," Kunda said that the debate in
Zambia was heavily politicized and that more discussion was
needed to open minds. For Kunda, the main obstacle was
European refusal of GMOs, although the Ambassador pointed out
that Zambia does not export food crops to the EU and that
some EU countries have in fact changed their minds on GMOs.
Kunda expressed appreciation for USG willingness to assist in
providing information and asked that the Embassy work with
the Ministry of Agriculture.


7. (C) Comment: Kunda appeared more engaged during this
meeting than in previous encounters, but unfortunately he
didn't have any of his staff sit in to ensure follow-up on
issues that were raised. The "has to pass through Cabinet"
or "is before Cabinet for consideration" responses are common
refrains for GRZ officials and can translate into a wait of
months or years, calling into question the GRZ's political
will for reform. Given the GRZ's eagerness to proceed on
MCC, however, we may have a pressure point that could help
generate political will and energize the bureaucracy. End
comment.


BOOTH