Identifier
Created
Classification
Origin
09LUSAKA698
2009-10-08 08:18:00
CONFIDENTIAL
Embassy Lusaka
Cable title:  

GRZ RESTRICTS DIPLOMATIC CONTACT THROUGH MFA

Tags:  PREL ZA 
pdf how-to read a cable
VZCZCXRO5928
PP RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHLS #0698/01 2810818
ZNY CCCCC ZZH
P 080818Z OCT 09 ZDK
FM AMEMBASSY LUSAKA
TO RUEHC/SECSTATE WASHDC PRIORITY 7336
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 LUSAKA 000698 

SENSITIVE
SIPDIS

STATE FOR L
STATE ALSO FOR AF/S

E.O. 12958: DECL: 10/08/2014
TAGS: PREL ZA
SUBJECT: GRZ RESTRICTS DIPLOMATIC CONTACT THROUGH MFA
GATEKEEPER

REF: LUSAKA 694 AND PREVIOUS

LUSAKA 00000698 001.2 OF 002


Classified By: CDA Michael Koplovsky for Reasons 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 02 LUSAKA 000698

SENSITIVE
SIPDIS

STATE FOR L
STATE ALSO FOR AF/S

E.O. 12958: DECL: 10/08/2014
TAGS: PREL ZA
SUBJECT: GRZ RESTRICTS DIPLOMATIC CONTACT THROUGH MFA
GATEKEEPER

REF: LUSAKA 694 AND PREVIOUS

LUSAKA 00000698 001.2 OF 002


Classified By: CDA Michael Koplovsky for Reasons 1.4 (b) and (d)


1. (U) This is an action request: Please see paragraph 3.
On October 8, Embassy received a Zambian Foreign Affairs
Ministry (MFA) note verbale dated October 5 restricting the
conduct of all diplomatic official business through the MFA.
Citing the provisions of Vienna Convention Article 41, the
note verbale states that "all contacts with Government
Ministries and Institutions will be conducted through the
Ministry of Foreign Affairs...direct contacts by members of
the Diplomatic Corps will with immediate effect no longer be
entertained." Full text of note follows paragraph 4.


2. (C) MFA's missive comes after two weeks of heated
assertions by cabinet members in the public media accusing
diplomats of malfeasance (including alleged efforts to
destabilize Zambia) and threats to have capitals recall
envoys. In private discussions and publicly, senior Zambian
Government (GRZ) officials had characterized such (and other)
actions as inconsistent with Vienna 41 (see reftel). The GRZ
has repeatedly over the last several years tried to enforce
the "MFA as the diplomatic gatekeeper" rule, with little
success. Diplomatic missions seeking appointments and
meetings with GRZ officials and conducting programmatic
consultations or project development would normally meet
regularly with the appropriate line ministry or agency,
especially after experiencing delays from the unresponsive
MFA. The environment and context of this latest effort
differs substantially. If enforced, this restriction could
impede our security cooperation with the police and the
military as well as the success of the $300 million in U.S.
development assistance, none of which is coordinated through
the Ministry of Foreign Affairs. European diplomatic
missions share our consternation over the note verbale, but
for the moment plan to conduct business as usual (e.g. the
Dutch DCM and DFID Chief will keep their appointment with the
Health Ministry Permanent Secretary). We are considering how
we should conduct our business with the GRZ in light of the
official diplomatic communication. The first test was an
October 8 meeting (set after the note verbale was received)
between our Defence Attache and the Defense Ministry (MoD).
When presented with the note, surprised MoD officials,
obviously unaware of the note verbale, committed to seek
further clarification on future direct contact.


3. (SBU) Action request: Post requests guidance from the
Department's Legal Advisor's Office on U.S. interpretation of
Article 41 of the Vienna Convention, specifically on whether
it restricts diplomats' access to host governments
exclusively to the Foreign Affairs Ministry (as the GRZ
asserts) and whether it can be used to restrict and
circumscribe accredited diplomats' ability to meet with
opposition politicians, NGO officials, businessmen, religious
leaders, trade unionists, etc. in order to share and advocate
for U.S. views and/or to limit diplomats' public statements
and communication through the local media.


4. (U) Text of Note Verbale

Begin Text:

NOTE VERBALE NO. 1996/2009

The Ministry of Foreign Affairs of the Republic of Zambia
presents its compliments to all Heads of Diplomatic,
Consular, Trade Missions and International Organisations
Accredited to the Republic of Zambia and has the honour to
remind all esteemed members of the diplomatic corps about the
need to uphold the provisions of the 1961 Vienna Convention
in particular Article 41 sub paragraph (1) which calls on all
diplomats to respect the laws and regulations of the
receiving State and not to interfere in the internal affairs
of the host country, as well as, sub paragraph (2) which
stipulates that all official business with the receiving
State shall be conducted with or through the Ministry of
Foreign Affairs.

In this regard, the Ministry wishes to advise that henceforth
all contacts with Government Ministries and Institutions will
be conducted through the Ministry of Foreign Affairs. To
this end, direct contacts by Members of the Diplomatic Corps
will with immediate effect no longer be entertained.

The Ministry of Foreign Affairs of the Republic of Zambia
avails itself of this opportunity to renew to all Heads of
Diplomatic, Consular, Trade Missions, and International

LUSAKA 00000698 002.2 OF 002


Organizations accredited to the Republic of Zambia the
assurances of its highest consideration.

Lusaka, 5th October 2009

All Heads of Diplomatic, Consular, Trade Missions and
International Organisations accredited to the Republic of
Zambia.

LUSAKA.

End text.

KOPLOVSKY