ZAMBIAN VEEP'S CHARM OFFENSIVE SENDS MIXED MESSAGE

C O N F I D E N T I A L SECTION 01 OF 02 LUSAKA 000022

SIPDIS

STATE FOR AF/S LAYLWARD

E.O. 12958: DECL: 01/13/2020
TAGS: PGOV PHUM KPAO ZA
SUBJECT: ZAMBIAN VEEP'S CHARM OFFENSIVE SENDS MIXED MESSAGE

REF: A. 09 LUSAKA 985

B. 09 LUSAKA 602

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


1. (C) Summary: At a January 12 meeting with the
Ambassador, Vice President George Kunda stated that the
Zambian government (GRZ) will continue to engage the press as
it debates media regulation (ref A) and is not/not preparing
to pass its own media law. In response to Ambassador's
urging that the GRZ pass a Freedom of Information (FOI) law,
Kunda said a draft bill had been withdrawn from Parliament
when it ran into heavy questioning. He said FOI is a
complicated issue, and the GRZ is studying how other
countries, including the UK, have dealt with it. Ambassador
cautioned that decisive GRZ actions against corruption this
year will help ensure continued MCA Compact eligibility in
the future. Kunda affirmed the government's commitment by
noting that it is drafting anti-corruption legislation. He
also pledged to work with civil society to implement the NGO
Act. The vice president was unusually relaxed and engaged.
End Summary.


2. (C) On January 12, Vice President George Kunda told
Ambassador that the GRZ is "unequivocally" committed to
working with the press to achieve a way forward on media
regulation (ref A). He said that the media bill leaked to
the press in December 2009 was a rough draft meant to
stimulate discussion on the issue of press freedom. It
reflected some government ideas, not government policy.
Kunda pointed out that the press had distorted proposals such
as the government-dominated Media Council and prison
sentences for journalists convicted of libel, which he claims
were suggestions the press could freely accept or refuse. He
denied that the GRZ had imposed deadlines on deliberating
media regulation and that the GRZ had accepted a timetable
proposed by media themselves. He implied there is currently
no "deadline" for the media to produce self-regulation
proposals. The vice president asserted that media regulation
was necessary because journalism can lead to "chaos and
anarchy" and that other professions (lawyers, accountants,
doctors) have professional regulation that has been codified
into law.


3. (C) Kunda said he was aware of the proposed Freedom of
Information (FOI) law and U.S. support for it. However, he
deflected Ambassador's suggestion that the law would improve
transparency by claiming that "we are running a transparent
government." He added that Zambia is a "young country not as
sophisticated, stable, or strong as the United States" and
therefore needed time and familiarization with the
legislation before enacting it. He said that the GRZ would
need to take into consideration security concerns before
adopting a FOI law and noted the GRZ is looking at how other
countries, including the UK, have addressed the issue. He
noted that a draft FOI had raised numerous concerns and
questions when submitted to Parliament last year and thus had
been withdrawn for further work. (Comment: We had not
previously known a draft FOI bill had been submitted,
although we have repeatedly been told over the past year that
a law was in preparation.)


4. (C) Ambassador indicated that the Zambian government
needed to take positive action to implement its
anti-corruption strategy in order to meet this year's MCA
Control of Corruption indicator and maintain Compact
eligibility. Vice President Kunda concurred. He assured
Ambassador that the GRZ is currently drafting anti-corruption
legislation and reviewing asset disclosure, asset forfeiture,
rules of evidence, plea bargaining and whistle-blower
protection legislation supported by the United States.
Although Kunda claimed that the government is "overwhelmed"
by drafting multiple pieces of legislation at once, including
a Business Reform law that would greatly reduce the number of
licenses required to operate businesses, he signaled that
anti-corruption legislation is among the GRZ' priorities.


5. (C) Kunda told Ambassador that the GRZ is working with
the British High Commission to draft guidelines to implement
the NGO law and that it will engage civil society
stakeholders in the debate over implementation (ref B). He
lamented that the government needed to work with civil
society organizations of "doubtful credibility" that he
maintained were neither independent nor objective and
fomented "subversive activities." He claimed that these
organizations were connected to political competitors and
independent "Post" newspaper, and therefore could not offer
objective assessments.


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6. (C) Comment: Vice President Kunda was relaxed and
engaged during his one-hour meeting with the Ambassador.
Kunda's demeanor indicated that he was either unusually or
unexpectedly interested in engaging the USG on key issues, or
he was putting on a charm offensive. He seemed generally
receptive to USG positions and open to dialogue on press
freedom, freedom of information, and fighting corruption. He
also appeared committed to supporting Minister of Information
Ronnie Shikapwasha's efforts to work with the press to
regulate itself. Although he was evasive about the timing of
passing a FOI law, Kunda made positive indications that the
government will openly dialogue with non-government
stakeholders on key legislation such as the NGO law. His
pledge that the GRZ is committed to fight corruption and
retain its MCA Compact eligibility rings a bit hollow,
however, as crucial pieces of anti-corruption legislation
have been foundering at his Ministry of Justice for years.
End Comment.
BOOTH