"IMPROVED" NGO BILL LEAVES A LOT TO BE DESIRED

C O N F I D E N T I A L LUSAKA 000508 E.O. 12958: DECL: 07/17/2012 TAGS: PGOV ZA SUBJECT: "IMPROVED" NGO BILL LEAVES A LOT TO BE DESIRED REF: A. LUSAKA 367 ¶B. 07 LUSAKA 936 ¶C. 07 LUSAKA 887 Classified By: Ambassador Donald E. Booth, reasons 1.4 (b) and (d) ¶1. (SBU) Summary. On July 16, the GRZ tabled in parliament a new version of a controversial NGO bill that was dropped in 2007 after an outcry by civil society and donors. While the GRZ has made a few changes to the previous bill in the intervening two years, as a result of consultations with NGOs, what has not changed is the free hand that the law will give the government to regulate and potentially manipulate the operations of international and domestic NGOs in Zambia. Civil society groups are gearing up to once again fight for their independence, while GRZ officials insist that the bill's purpose is to introduce some accountability into the operations of NGOs. End summary. ¶2. (U) The announcement in mid-June of the GRZ's intention to re-introduce the NGO bill during the session of Parliament that was set to open on July 14 took civil society groups and donors by surprise and echoed the bill's unexpected announcement in summer 2007 (refs B and C). Faced with an outcry by civil society and donors at that time, the GRZ ultimately withdrew the bill "for further consultations," which were undertaken in the fall of 2007. Concerns regarding the 2007 version of the bill focused on the almost-unlimited power given to the government in regulating NGO activities, including the power to reject the registration of NGOs or shut down existing ones if their proposed activities "are not in the national interest." NGOs provided detailed suggestions to the GRZ regarding their concerns, and donor representatives (including the U.S.) met with Minister of Justice (and current Vice President) Kunda to urge that the GRZ reconsider the bill's overly restrictive provisions. ¶3. (U) The new version of the bill that has emerged responds to some criticisms, but the overall restrictive and dirigiste tone is still present. Key changes include placing the Ministry of Community Development and Social Services in charge of the bill's implementation (previously it was the Ministry of Home Affairs -- i.e., police and other security organs),increasing the number of members of a newly-created NGO board, and creating a separate office of registrar of NGOs. However, the GRZ still controls the appointment of eight of the 15 members of the NGO board, which is given wide-reaching powers in regulating the activities of NGOs. ¶4. (U) Under the bill, both international and domestic NGOS will be required to register with the NGO Board every three years, adding uncertainty regarding the renewal of their registration and potentially leading to "self-censorship" regarding potentially contentious projects or views. The board is empowered to "approve the area of work of non-governmental organizations operating in Zambia," as well as to "provide policy guidelines to non-governmental organizations for harmonizing their activities to the national development plan for Zambia." The board also has the power to refuse or withdraw registration on the basis that an NGO's work is not in the (undefined) "public interest," and the bill contains no time limit for the board's consideration of registration requests. NGOs are required to reveal all current and potential sources of funding, as well as to specify the geographic location of their work. ¶5. (U) The bill also creates a Council of NGOs that is required to develop, adopt and administer a code of conduct for NGOs. The council is charged with facilitating self-regulation of NGOs on "matters of activities, funding, programs, foreign affiliations, training...and any other matters taking into account national security and the public interest." ¶6. (U) Following its introduction in Parliament by the Ministry of Community Development and Social Services on July 16, the bill was referred to the Committee on Legal Affairs, Governance, Human Rights and Gender Matters. The committee will hold hearings on the bill in the coming weeks. Led by the Zambia Council for Social Development (ZCSD),civil society groups have already prepared a detailed reaction to the bill and have requested time before the committee. International civil action group Civicus has issued a press release criticizing the bill and has written to President Banda to express its concern at the bill's provisions. ¶7. (C) The GRZ's public stance is that the bill is about accountability. Minister of Finance Musokotwane told Ambassador on July 16 that NGOs need to account for their funding, claiming "public funding" to NGOs, including from some foreign donors, is not used for its intended purpose. Former finance minister Ng'andu Magande echoed this sentiment to pol/econ chief on July 15. However, ZCSD Executive Secretary Malawo Matyola told poloff that in discussing the bill with a minister, he was told, "You NGOs criticize the government all the time - now it's your turn to see how we react." In 2007, then-minister of information told the press that "it is necessary to have a legal framework to regulate NGOs' conduct, because some of them seem to have been set up specifically to oppose the government in everything." ¶8. (C) Comment. The GRZ's desire to ensure that public (and donor) money is used as intended is commendable but ironic, given that the GRZ is unable to keep track of its own money (ref A),let alone the budgets of hundreds, maybe thousands, of NGOs. Given the ham-handed use of extant laws to intimidate the press and opposition, Embassy Lusaka is not confident the GRZ would be able to resist the temptation to use the new legislation to reign in civil society groups critical of the government. Civil society groups appear confident at this point that they will be able to redirect the bill, perhaps based on their success in 2007. However, while the GRZ can credibly claim to have taken on board certain criticisms of the 2007 version of the bill, the heavy regulatory and potentially punitive nature of the legislation has not changed. As in 2007, committee action will be key to the future of the bill, and civil society groups are prepared to fight for their independence. Ambassador will raise concerns about the bill with President Banda in a meeting expected to occur the week of July 20. End comment. BOOTH