JOINT CSO STATEMENT ON THE STATE OF THE NATION, ISSUED ON 17TH DECEMBER 2024

By Panos
December 17, 2024
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JOINT CSO STATEMENT ON THE STATE OF THE NATION, ISSUED ON 17TH DECEMBER 2024

(For Immediate Release)

Tuesday 17th December, 2024: On behalf of the citizens of Zambia, we, the undersigned civil society organizations, whose mandate is to foster transparency, advocate for good governance, and protect the rights of citizens, respectfully draw your attention to several pressing issues that have beset the nation and that require immediate intervention. In issuing this joint statement, we aim to ensure accountability, promote social justice, and contribute to policy development, particularly in the areas of human rights, democracy, and sustainable development.

Ladies and gentlemen, as our nation strives for equitable socio-economic development, we face numerous challenges that have continued to impede our progress as a country. An accountable and transparent leadership, as well as strategic reforms in key areas, are essential to restore public confidence and ensure sustainable national growth that will benefit every single one of us as citizens of Zambia.

Below, we outline our concerns and recommendations for the government to consider.

Governance Environment

The focus here will be Corruption prevention and asset recovery, and Legislation on Political Party and Campaign financing.

Corruption Prevention and Asset Recovery

Zambia currently faces significant challenges in corruption prevention and asset recovery. We commend the Government for enacting laws aimed at enhancing accountability, such as the Public Procurement Act and the initiative to push for laws regarding Lifestyle Audit and Asset recovery. These initiatives reflect a commitment to combat corruption and facilitate the recovery of stolen assets.

Nevertheless, while the Government’s commitment to zero tolerance for corruption is commendable, it requires stronger constitutional provisions that will support zero tolerance for corruption, asset recovery and transparency in real and meaningful ways. We therefore call for a clear and comprehensive asset recovery mechanism, and the enactment of legislation for assets and liabilities declarations.

As CSOs, we are concerned that the Anti-Corruption Commission (ACC) remains without a substantive Director General and a Board, and we fear that a continuation of this anomaly will hinder the Commission’s effectiveness in fighting corruption. We therefore call for the appointment of a new ACC Board and a substantive Director General without further ado.

Still on the issue of corruption, we are of the considered view that the fight against corruption should be comprehensive and include anyone who misuses public resources regardless of their status, and position in government. We are concerned that a number of allegations against those associated with the current government have seemingly not been looked into, and this threatens to undermine the broader anti-corruption efforts that are currently under way. We further call for greater independence of the Office of the Auditor General, the operationalization of the Public Audit Act of 2016, the Public Audit Commission Act of 2016 and full operationalisation of the Public Finance Management Act of 2018 as they are essential to enhance accountability in public resource management, with clear penalties for financial misconduct.

In the same vein, robust protections for whistle-blowers must be established to encourage reporting of corruption without fear of retaliation. By addressing these challenges and implementing these recommendations, Zambia can enhance its efforts in combating corruption and recovering assets, fostering a culture of accountability and transparency within its governance framework.

Legislation on Political Party and Campaign Financing

Zambia’s political campaign and finance landscape remains unregulated and poses risks of state capture and being a breeding ground for corruption. We urge the government to regulate political party financing in line with Article 60 of the Constitution. As CSOs, we consider this to be of critical importance in not only enhancing the integrity of Zambia’s electoral process but also reducing the risk of policy and state capture. Further, evidence from previous Corruption Perception Indices, in particular the 2019 one, suggests that countries that have legislation on political party and campaign financing tend to perform well in the fight against corruption. We therefore expect the government to take steps to commence the process of enacting legislation that will regulate political party and campaign financing in Zambia.

Legal and Policy Reforms.

Under this heading, we will focus on constitutional reforms and shrinking civic space.

Constitutional Reforms

Zambia stands at a critical juncture, grappling with significant challenges that require comprehensive legal and policy reforms to foster good governance and protect citizens’ rights. Encouragingly, the government has recognized the need for constitutional reforms, a promise the UPND made while in opposition and reaffirmed in the 8th National Development Plan (8NDP). The 8NDP emphasizes the importance of constitutional reform to strengthen governance, and human rights protections, to ensure alignment of subsidiary legislation with the Constitution, outlining a target period for reforms between 2024 and 2025. However, as stakeholders, we have concerns over the lack of clarity regarding the reform roadmap and process. We therefore urge the government to engage stakeholders in developing an inclusive constitutional reform roadmap that prioritizes accessibility, public participation, accountability, respect for diverse views, and consensus building. It has always been our stance as civil society that ‘process protects content’ and as such we desire to see a transparent and inclusive process.

Shrinking Civic Space

We are concerned that the arbitrary implementation of some pieces of legislation has led to a narrowing of civic space, thereby impeding effective engagement and stifling dissent. Police crackdowns on peaceful protests often involving arrests and violence, highlight a worrying trend against civic freedoms. Activists, particularly those critical of the government, have faced harassment and intimidation, creating a chilling effect on civil society. Though protective laws exist, inconsistent enforcement allows authorities to impose undue restrictions on gatherings, especially for opposition parties and critical CSOs.

Addressing these issues calls for a holistic approach to legal and police reforms, ensuring the Constitution aligns with democratic values and that the Police operate within these parameters. Prioritizing these reforms can help create an inclusive, democratic environment that strengthens governance, promotes sustainable development, and fosters a more open society.

We would like to challenge the Police to learn the lessons from the past and not allow themselves to become tools of political oppression. Rather, the Police should execute their mandate with the highest degree of professionalism and in a manner that will protect the civil liberties of the Zambian citizenry.

Economic Transformation and Job Creation
Debt Management and Transparency

Zambia’s national debt now exceeds $14 billion, intensifying concerns around economic stability and public service delivery. In recent years, the accumulation of undisclosed loans, particularly from China for large-scale infrastructure projects, has underscored the critical need for transparency in debt acquisition. Despite the debt restructuring efforts that have borne some success with support from the International Monetary Fund (IMF)-supported program currently underway, which presents an opportunity to restore financial stability, there remains several risks to the sustainability of debt management reforms and the ability of the Government to settle these payments. Success in addressing these concerns hinges on implementing robust governance and transparent debt management practices.

We therefore urge government to establish a Sinking Fund, a mechanism that can help manage debt repayments proactively. Implementation of all provisions of the Public Debt Management Act and establishing the Public Debt Management Office as it has committed is also strongly encouraged. Implementing these reforms will not only rebuild public trust but also bolster Zambia’s credibility with international lenders, paving the way for sustained economic growth.

Energy Crisis

Zambia’s ongoing energy crisis has emerged as a critical obstacle to both economic growth and the daily lives of citizens. The crisis is largely attributed to reduced hydropower generation caused by low water levels at key facilities like Lake Kariba. This reliance on hydropower, which accounts for most of the Zambia’s electricity supply, has exposed the nation to vulnerabilities in the face of climate change and inconsistent rainfall patterns.

The government’s response, including importing emergency power and waiving taxes on solar equipment, is commendable but insufficient for long-term stability. We recommend:

1. Diversification of Energy Sources: Focus on developing solar, wind, and geothermal energy to reduce dependency on hydropower.

2. Enhanced Regulation: Implement mechanisms to monitor and ensure tax relief benefits are passed on to consumers as the current state only benefits the retailers who sell their products at exorbitant prices.

3. Energy Efficiency Programs: Introduce smart metering and demand-response initiatives to optimize energy use.

4. Community Participation: Launch pilot renewable energy projects in rural areas to empower communities and reduce reliance on the national grid.

Natural Resource Governance:

Natural resource governance in Zambia remains a critical area in need of reform and enhancement. While the country is endowed with significant mineral wealth, the governance of these resources faces challenges that limit accountability, equity, and long-term sustainability. We commend government’s efforts in addressing some of these challenges through initiatives such as, such as participating in the Extractive Industries Transparency Initiative (EITI), developing Natural Capital Accounts to aid in sustainable resource planning, and enacting measures to counteract tax loss from transfer mispricing in mining operations. 6

Despite these measures, Zambia still encounters considerable obstacles in ensuring effective governance in this area. A key challenge is the absence of comprehensive frameworks to guide transparent and equitable resource management and benefits, gaps in tax and revenue collection resulting in leakages, which affects the potential gains from natural resources. Issues such as prior volatility of taxation policies and insufficient transparency in resource extraction have hindered accountability and disproportionately impacted communities near mining areas, often leading to limited benefits from these activities for such communities. We note the national target to achieve 3 million tonnes extraction of copper for instance but we are quite concerned about the potential negative impact on the environment and as such wish to recommend that a sound environment management plan be adopted alongside this target.

To further address these challenges, we are calling for a comprehensive natural resource governance framework that promotes transparent reporting of resource revenues, and equitable taxation. Such a framework could unlock Zambia’s economic potential while safeguarding citizens’ rights and ensuring fair distribution of benefits.

Further steps would include strengthening institutional capacities for enforcing environmental standards and tax compliance, which would help mitigate revenue leakages and environmental harm, and enhanced policies to involve local communities more directly in the resource benefits and decision-making processes in order to foster inclusivity and reduce disparities. By implementing these recommendations, Zambia could sustainably manage its natural resources, aligning with both national development goals and international sustainability standards. Finally, under natural resource governance, we wish to call the Government’s attention towards human safety in the mining sector and ensure that mechanisms are put in place to prevent loss of life, and that where lives are lost, proper compensation is given to those affected.

Human and Social Development: Reinstatement of the Ministry of Gender

The current state of gender equality in Zambia reflects a combination of progress and ongoing challenges. The Zambian government has made commitments to enhance gender equality, including efforts to empower women and girls. Recently, at the UN’s Commission on the Status of Women, Honourable Doreen Mwamba emphasized the government’s intention to create a strong legal and policy framework to combat gender inequalities and promote women’s empowerment.

We appreciate key initiatives including robust social protection programs like the Social Cash Transfer scheme, which targets impoverished households, particularly those headed by women. However, significant challenges persist, particularly regarding access to resources, where women continue to face barriers that hinder their entrepreneurial pursuits. Moreover, gender-based violence (GBV) remains a critical issue that undermines progress.

A notable setback in gender governance is the abolition of the Ministry of Gender, which has limited the government’s capacity to effectively address gender-based violence, enhance women’s leadership, and promote child protection. The absence of a dedicated ministry has led to fragmented efforts in tackling these vital issues. It has further reduced Zambia’s presence and voice at regional, continental and international level when other States’ Ministers of Gender meet to shape decisions and at time allocate resources for gender related work. Key intergovernmental bodies such as SADC, African Union and the United Nations all have mechanisms that target Ministers of Gender and Zambia not having a dedicated Minister in that portfolio undermines its visibility at that stage as well as opportunity to shape gender discourse.

We therefore call for the urgent reinstatement of the Ministry of Gender, in order to enhance the implementation of the gender agenda and to strengthen the political and legal frameworks that support gender equity.

Social Protection and Inclusivity

Zambia’s social protection landscape is a blend of promising initiatives and substantial challenges, as government efforts like the Social Cash Transfer Program and food and security initiatives strive to alleviate poverty yet face budget limitations, limited reach, and disparities between urban and rural access to essential services. With just 7.4% of GDP allocated to social protection in 2025, funding shortages affect program consistency, with infrastructure deficiencies particularly in rural areas further limiting service accessibility. Additional issues, such as inefficiencies in beneficiary identification, delayed disbursements, and mismanagement of the social cash transfer funds underscore the need for reforms. We therefore recommend increasing social protection funding, targeting rural disparities, strengthening CDF oversight, improving program implementation, embedding social rights in constitutional amendments, and fostering multi-stakeholder partnerships. Together, these efforts could enhance Zambia’s social protection framework and better support vulnerable communities.

Environmental Sustainability

Zambia faces growing vulnerability to climate change, particularly due to prolonged droughts that severely impact agricultural productivity, a cornerstone of the economy and food security. The effects of climate change are increasingly evident, with more frequent and intense droughts causing substantial agricultural losses, threatening livelihoods, and destabilizing the economy.

We recognize government efforts to address these challenges, including initiatives to promote climate-smart agricultural practices and engage with international climate finance mechanisms, like the Green Climate Fund, to support climate adaptation and mitigation projects. However, challenges persist, such as limited financial transparency, underutilized partnerships with the private sector and civil society, and a disconnect between policy formulation and implementation, resulting in inadequate adaptation measures.

To bridge these gaps, the government should prioritize comprehensive climate adaptation strategies, particularly in agriculture. Investments in sustainable agricultural technologies are essential to help farmers adapt to shifting climate patterns and secure food supplies. Actively pursuing international climate finance can further support resilience-building programs. Enhanced collaboration between the government, private sector, civil society, and international partners will foster innovative, community-centred solutions to climate challenges.

Maurice K. Nyambe (Mr.)

TI-Z EXECUTIVE DIRECTOR

For and on Behalf of: