Identifier
Created
Classification
Origin
09LUSAKA602
2009-08-28 10:03:00
CONFIDENTIAL
Embassy Lusaka
Cable title:  

BANDA SIGNS NGO BILL, IGNORES DONOR COMMUNITY

Tags:  PGOV ZA 
pdf how-to read a cable
VZCZCXRO3358
RR RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHLS #0602 2401003
ZNY CCCCC ZZH
R 281003Z AUG 09
FM AMEMBASSY LUSAKA
TO RUEHC/SECSTATE WASHDC 7248
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORP 0175
C O N F I D E N T I A L LUSAKA 000602 

SIPDIS

E.O. 12958: DECL: 08/28/2019
TAGS: PGOV ZA
SUBJECT: BANDA SIGNS NGO BILL, IGNORES DONOR COMMUNITY
CONCERNS

REF: A. LUSAKA 508

B. LUSAKA 552

C. LUSAKA 594

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

SUMMARY
--------

C O N F I D E N T I A L LUSAKA 000602

SIPDIS

E.O. 12958: DECL: 08/28/2019
TAGS: PGOV ZA
SUBJECT: BANDA SIGNS NGO BILL, IGNORES DONOR COMMUNITY
CONCERNS

REF: A. LUSAKA 508

B. LUSAKA 552

C. LUSAKA 594

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

SUMMARY
--------------


1. (C) On August 27, Zambian television announced that
President Banda had assented to the controversial NGO bill
that was passed by Parliament on August 14. While the law
has not yet been published, Post received a copy of the final
bill that was sent to Banda for his signature. Embassy and
others in the international community had made a concerted
effort to raise concerns about the bill with President Banda
and his cabinet. Amendments in the final bill largely failed
to address our concerns, including GRZ control of the NGO
Board, and vague requirements that NGOs work in the "public
interest." Embassy will continue to work with the GRZ,
like-minded embassies and the NGO community to influence
implementation of the law, and to speak out if the law is
used to curtail activities of NGOs that the GRZ considers
critical of the government. End summary.

FINAL NGO BILL LEFT LARGELY UNCHANGED
--------------


2. (C) The final version of the bill that President Banda
signed failed to address the concerns of the international
and NGO community (Ref A and C). A concerted effort by the
Ambassador and others in the donor community to raise issues
and suggest changes with Banda, his cabinet, and members of
Parliament apparently fell on deaf ears. In the new law, the
GRZ still controls the appointment of a majority of the NGO
Board, which is charged with registering NGOs and regulating
their activities. The Board has the authority to refuse or
withdraw an NGO's registration on the basis that an NGO's
work is not in the (undefined) "public interest," which could
allow the GRZ to wield its majority on the Board to silence
its critics.

3. (C) Amendments included in the final bill were largely
cosmetic, but did extend the NGO registration validity period
from three to five years. As the Board has the power to
suspend or cancel an NGO's certificate of registration at any
time, however, the longer registration period is unlikely to
provide much comfort or protection to NGOs that run afoul of
the GRZ.

INFLUENCING AND MONITORING IMPLEMENTATION
--------------


4. (C) Now that the bill has been signed by Banda, what
remains is how the GRZ will implement the law, and whether it
will use the Board to control or shut down NGOs it considers
acting against its interests. The GRZ ignored suggestions
for improving the law. Whether it will now listen to donors
and civil society groups on the law's implementation is in
doubt. Banda's government has shown itself to be
increasingly intolerant of dissent (Ref B.). The new NGO law
could give it yet another tool to control and suppress those
that it deems "anti-government."


5. (C) Post will continue to engage the GRZ at all levels to
persuade them that the NGO Board must operate as intended --
to ensure transparency and accountability in the NGO
community -- and not as a political sledgehammer against
their perceived critics. Post will also speak out if the NGO
Board becomes a political tool of the GRZ or if the law
hampers the ability of U.S. NGOs and others who are
implementing USG programs to operate effectively in Zambia.




BOOTH