DIPLOMATS CAUGHT IN ROW OVER PUBLIC CRITICISM OF

C O N F I D E N T I A L SECTION 01 OF 03 LUSAKA 000684

SIPDIS

STATE FOR AF/S

E.O. 12958: DECL: 12/31/2019
TAGS: PREL PGOV ECON KCOR ZA
SUBJECT: DIPLOMATS CAUGHT IN ROW OVER PUBLIC CRITICISM OF
THE GRZ- CORRECTED COPY

REF: A. LUSAKA 620

B. LUSAKA 654

C. LUSAKA 588

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Classified By: Charge d'Affaires Michael Koplovsky for reasons 1.4 (b,d
)


1. (C) SUMMARY AND ACTION REQUEST: The Zambian press
published September 22 a leaked summary of a September 4
meeting between representatives from the donor community,
including the Ambassador, and President Rupiah Banda over the
Chiluba case and press freedom (ref A). The article sparked
a heated debate over whether foreign diplomats can and/or
should publicly criticize the GRZ. Members of the opposition
and civil society supported donor countries' right to
question publicly how the GRZ manages its foreign assistance.
However, harsh criticisms of the press, donor community, and
civil society (septel) by GRZ Spokesman Lt. Gen. Ronnie
Shikapwasha, Home Affairs Minister Lameck Mangani and the
government-owned newspapers put the diplomatic corps on
notice. The GRZ's increasingly hostile response to public
criticism and its public harping on this issue for over a
week have left perplexed and vexed donors at loggerheads with
the GRZ despite our attempt to communicate concerns in a
constructive and private way. An October 5 demonstration in
front of the UK High Commission (our neighbor) against
diplomatic "interference" and the summoning of all mission
heads to a meeting with Foreign Minister Pande on October 6
indicate that the furor has not died yet. Embassy requests
official Department interpretation of Art 41 of the Vienna
Convention on Diplomatic Relations. END SUMMARY.


2. (C) A September 22 article in the anti-government 'Post'
set off a heated and continuing debate over whether diplomats
are permitted to publicly criticize the GRZ. The article
quoted a leaked summary of the September 4 meeting between
President Rupiah Banda, Vice President George Kunda, and
representatives from the donors' Cooperating Partners Group
(CPG) -- the Ambassador, Dutch Ambassador Harry Molenaar, and
World Bank Representative Kapil Kapoor (ref A). 'The Post'
reported that "diplomats have told President Rupiah Banda
that his government's failure to register and enforce the
London judgment against Frederick Chiluba will send a strong
message to the international community that he (Banda) is not
committed to fighting corruption." 'The Post' quoted
September 25 British High Commissioner Tom Carter as having
said that the Chiluba acquittal "surprised" him and Danish
Ambassador Thomas Schjerbeck as having said that "the world
is watching with enormous interest to see how the conviction
of Chiluba in the United Kingdom court is going to be
transformed into a follow-up in Zambia." Both told the
Charge this week that they were misquoted and taken out of
context. Subsequently an obscure and ill-regarded weekly ran
a completely fabricated article quoting the British High
Commissioner at length supporting Shikapwasha's assertion
that diplomats should only use diplomatic channels.


3. (C) The CP-Troika notes, which were drafted and widely
circulated to donors via email by the Dutch Embassy,
debriefed CPG members states on the highlights of the
September 4 meeting. The notes underscored: "1) the
importance of not letting the government's criminal case
against former President Chiluba, which is an important
cornerstone of Zambia's anti-corrQion effort, be
definitively decided at the magistrate court level; 2) the
importance of registering and enforcing the civil judgment
the government won (in London) against former president
Chiluba; 3) the importance of not returning assets to or
restoring the immunity of former president Chiluba while
litigation is pending or judgments have not been enforced;
and 4) the importance of not adopting any laws or regulations
that would place restrictions of (sic) the press. The Troika
pointed out that there has been no presumption of the
direction government might take on the four key issues. The
Troika's intention was to alert government to the harm that
could be done to Zambia's image if developments on those
issues do not move in a positive direction." Ambassador told
Banda during the meeting that donors would be forced to state
their policies on these matters publicly if the GRZ failed to
address them. However, 'the Post' published the leak before
the CPG released any public positions. (Note: In an October
1 CPG meeting, Dutch Ambassador Molenaar chided other donors
for the leak, regretting that leverage with the GRZ was lost
and effort must now be expended to mend relations.)


4. (SBU) GRZ Spokesman and Information Minister Lt. Gen.
Ronnie Shikapwasha responded to 'the Post' article by

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defending the GRZ anti-corruption efforts and asserting that
the GRZ will strengthen the Anti-Corruption Commission, Drug
Enforcement Commission -- now out of corruption
investigations -- and Auditor General's office. The GRZ's
reaction turned negative, however, after the debate over
diplomatic license to comment on "sovereign" Zambian issues
dragged on in the press. Vice President George Kunda
publicly announced that the government would not appeal the
Chiluba case September 23 (ref A). Movement for Multiparty
Democracy Parliament Chief Whip Vernon Mwaanga told the press
September 26 that "Our sovereignty as a parliament must be
respected...there are established channels through which
advice can be given to government." Government-owned 'Times
of Zambia' published an editorial September 28 criticizing
the donor community for speaking out and stated, "While
Zambia is in need of foreign aid, this (public criticism)
should not be used as an excuse to interfere in internal
matters. If the diplomats have any issue of concern, there
are established channels of communication, which must be used
at all times." To support their case, the government papers
trolled for trade unions and evangelical groups to weigh in
against diplomatic freedom of speech. Shikapwasha accused
"some media outlets" September 30 of trying to disturb
relations between the government and diplomatic community.
He maintained that anonymous diplomats denied during a
September 30 meeting with GRZ officials that they issued
statements on Chiluba's acquittal and press freedom to the
press. Emboffs have been unable to find donors or
diplomats who can confirm their attendance at such a meeting.


5. (SBU) The situation was exacerbated by the attendance of
diplomats at a September 29 press conference that called on
the GRZ to appeal Chiluba's acquittal (septel). The Civil
Society Organizations (CSOs),led by Transparency
International Zambia, had called on Zambians to honk their
car horns for ten minutes October 2 at 1700 local to express
support for appealing Chiluba's acquittal, a method of
rotest reminiscent of the successful campaign to pevent
Chiluba from seeking an unconstitutional third term in 2001.
Home Affairs Minister Lameck Magani ratcheted up the GRZ'
rhetoric October 1 whn he accusd the diplomatic corps of
plotting wih NGOs to destabilize the country. Mangani said,
"We are going to respect the advice that comes from the
diplomats. But we are not going to allow them to dictate to
us...we want them to follow the right channel. We are not
going to allow or promote anarchy in the country. All this
is happening with the help of some people in the diplomatic
service. We have held official meetings with the diplomats
on several occasions, but it is surprising that they are
having dark corner and private meetings and sponsoring
pressure groups in the country." Mangani invoked Article 41
of the Vienna Convention and asserted that official
diplomatic business with the host nation be conducted through
the Ministry of Foreign Affairs.


6. (U) Members of opposition political parties and civil
society defended the right of diplomats to question how the
GRZ manages its foreign assistance. United Party for
National Development (UPND) President Hakainde Hichilema
asserted September 22 that donors were right to raise alarms
and that "the donors are spending taxpayers' money to help
the poor Zambians and that money is being stolen by corrupt
MMD government. It is in their right to talk about the money
which is being abused." Patriotic Front (PF) Member of
Parliament Chishimba Kambwili criticized Mwaanga's remarks
and wondered why donors should keep quiet on matters
involving their money. Catholic Bishop Paul Duffy of Mongu
told 'the Post' September 28 that diplomats had resorted to
expressing their frustrations over corruption through the
press because of a lack of response by the GRZ through
established channels.


7. (C) COMMENT: Despite a concerted attempt to convey our
concerns to Banda privately, the GRZ is deflecting the leaked
criticism of the government and anti-corruption efforts by
playing the sovereignty and stability cards -- trying to
scare the public into believing that dissent, be it from CSOs
or diplomats, could lead to anarchy and end Zambia's record
of peace since independence. GRZ intolerance for dissent is
not new to us, but the arguments relayed in ref C, when MFA
protested emboff's comments in the press about the pending
NGO bill because it was an "internal matter" are now being
echoed to the larger diplomatic community. President Banda's
supporters have put further pressure on the donor community,
press, and civil society to back off on their calls for the
GRZ to appeal the Chiluba case and respect press freedom in
the hope that the demands of the CP-Troika will fade. The

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MFA has called all Chiefs of Missions to a meeting October 6
to discuss "issues," almost certainly related to the downward
spiraling relationship between donors and the GRZ. If asked,
Charge intends to outline our policy as the Ambassador did in
ref C -- The USG will speak out where it is in the U.S.
interest to do so, including supporting universally accepted
human rights and jealously guarding good stewardship of U.S.
taxpayer dollars. Although we do not seek confrontation with
the GRZ, to concede to the GRZ's absurd (and hypocritical
given FM Pande's characterization of the U.S. "blockade" of
Cuba as a "human rights violation.") requirement that we not
speak to the public would be to abandon the Zambian people in
their time of need and throw in the towel on anti-corruption
and governance. Danish. Dutch, and British COMs agree that
public diplomacy is a core responsibility and one they intend
to use not matter what the GRZ says. Embassy requests
Department's official interpretation and press guidance on
Article 41 of the Vienna Convention on Diplomatic Relations.
END COMMENT.
KOPLOVSKY