GRZ RESTRICTS DIPLOMATIC CONTACT THROUGH MFA

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