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The State of Democracy in Zambia the State of Democracy in Zambia The state of democracy in Zambia The state of democracy in Zambia Authors McDonald Chipenzi Laurent C W Kaela Clever Madimutsa Jotham C Momba Hope Mubanga Nchimunya Muleya Charity Musamba Copyright © The Foundation for Democratic Process (FODEP) and the University of Zambia Political and Administrative Studies (UNZA-PAS), 2011 All electronic version of this report shall be licensed under a Creative Commons Licence (CCL)http://creativecommons.org/licenses/by-nc-sa/3.0/. The licence will allow others to copy, distribute or display the report, provided they do so for non- commercial purposes and give proper credit to sources, and distribute derivative work only under the licence identical to the CCL adopted. This licence applies worldwide and is not revocable First published in 2011 by FODEP & UNZA-PAS 284-B Omelo Mumba Road, Rhodes Park P O Box 32379 P O Box 32387 Lusaka, Zambia Edited by Chris Chirwa Cover design by Robert C Chaponda Printed in Zambia by Pro Print Limited Acknowledgments This report is a product of an assessment of the quality of democracy conducted on the basis of International IDEA's State of Democracy Assessment Framework. The report was developed by The Foundation for Democratic Process (FODEP) and the University of Zambia (UNZA) with the support and partnership of International IDEA. International IDEA has not participated in the content development nor the research leading to the report. Views expressed in this report do not necessarily represent the views of International IDEA, its Board or its Council of Advisors. Special acknowledgment is due to International IDEA for technical and financial assistance without which this project would have not been possible. Special mention is due to Ms. Keboitse Machangana, Head of the State of Democracy Programme and Ms Matshidiso Kgothatso Semela-Serote, Senior Programme Officer- Democracy and Governance - International IDEA for their encouragement and comments on drafts of the report. We express appreciation to the UNZA Vice-Chancellor Prof Stephen Simukanga and the FODEP Board of Directors unreservedly endorsing the project. We are indebted to members of the research team drawn from FODEP and UNZA-PAS for their tireless efforts and dedication to work which made this report possible. Our appreciation also goes to members of the Local Reference Group for their guidance and comments on drafts of the report. We also express appreciation to government officials, members of civil society organizations and other stakeholders who participated in Focus Group Discussions and interviews and to the FODEP members and others who served as Local Organizers for project activities in the five (5) provinces of Zambia that were covered in this report. Dr. Laurent C. W. Kaela, Lecturer-UNZA (SOD Project Research Coordinator) Mr. McDonald Chipenzi, Executive Director-FODEP (SOD Project Dissemination Coordinator) Table of Contents Acknowledgements i Table of Contents iii List of Tables iv List of Figures iv Abbreviations and Acronyms v Chapter 1: Introduction 1 1.1 Background 1 1.2 Objectives of the Assessment 3 1.3 Methodology 3 1.4 Rationale of the Assessment 3 Chapter 2: Citizenship, Law and Rights 4 2.1 Nationhood and Citizenship 4 2.2 Rule of Law and Access to Justice 11 2.3 Civil and Political Rights in Zambia 16 2.4 Economic and Social Rights 22 Chapter 3: Representative and Accountable Government 25 3.1 Free and Fair Elections 25 3.2 The Democratic Role of Political Parties 29 3.3 Effective and Responsive Government 33 3.4 The Democratic Effectiveness of Parliament 40 3.5 Integrity in Public Life 47 Chapter 4: Civil Society and Popular Participation 54 4.1 The Media in a Democratic Society 54 4.2 Political Participation 65 4.3 Decentralisation 76 Chapter 5: Democracy Beyond the State 85 5.1 External Influences on the Country's Democracy 85 Chapter 6: Summary and Recommendations 93 6.1 Objectives and Approach of the Study 93 6.2 Assessment Framework 93 6.3 Key Findings 93 6.4 Recommendations 96 Annexes Annex A: Description of Methodology 100 Annex B: Membership of the National Constitutional Conference 103 Annex C: Household Questionnaire 104 Annex D: Key Informant Interview Schedule 108 List of Tables Table 2.1 Households' Responses on Extent of Justice Received from Police and Courts of Law 12 Table 2.2 Effectiveness of the Protection of Freedoms: Households' Responses 20 Table 2.3 Household's Responses on whether or not they feel safe from harm by other people 21 Table 3.1 Households' Responses on belonging to a Political Party 32 Table 3.2 Households' Responses on belonging to a Political Party by Sex and Province 33 Table 3.3 Accessibility of Public Services in Zambia by Sex 37 Table 3.4 Accessibility of Public Services in Zambia by Residential Area 38 Table 3.5 Accessibility of Public Services in Zambia by Age Group 38 Table 3.6 Frequency of Consultation by MP or Parliamentary Office concerning their work in Zambia by Sex 45 Table 3.7 of Consultation by MP or Parliamentary Office concerning their work in Zambia by Age 45 Table 3.8 Corruption in Zambia, 2002 to 2010 49 Table 4.1 Households' Responses on Independence of the Media in Zambia 63 Table 4.2 Households' Responses on Effectiveness of the Media in Investigating Government in Zambia 64 Table 4.3 Extent of Private Citizens' Freedom from Intrusion and Harassment by the Media 64 Table 4.4 2006 Local Government Election Results for Selected Constituencies in Zambia 80 Table 4.5 Residential Area by Extent of Local Councils' Cooperation with Local Communities and other Stakeholders in the Formation of Policy 82 Table 4.6 Gender by Extent of Local Councils' Cooperation with Local Communities and other Stakeholders in Service Provision 83 List of Figures Figure 2.1 Practices that people are not free to engage in 8 Figure 2.2 Marginalized and Vulnerable Social Groups that have Received the Least Protection 9 Figure 3.1 ACC's Lack of Effectiveness in Dealing with Corruption by Public Officials: Responses by Province 50 Figure 3.2 Effectiveness of Anti-Corruption Measures for Members of the Public 51 Figure 3.3 Effectiveness of Anti-Corruption Measures for Public Officials 51 Abbreviations and Acronyms ACC Anti-Corruption Commission AIDS Acquired Immuno-deficiency Syndrome APRM African Peer Review Mechanism CCC Committee for Clean Campaign CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CPI Corruption Perception Index CSO Central Statistical Office CSO Civil Society Organization CSPR Civil Society for Poverty Reduction DEC Drug Enforcement Commission ECZ Electoral Commission of Zambia EU European Union FBO Faith-based Organization FDD Forum for Democracy and Development FDI Foreign Direct Investment FG Focus Group FGD Focus Group Discussion FODEP Foundation for Democratic Process FPTP First Past the Post GRZ Government of the Republic of Zambia HIPC Highly Indebted Poor Country HIV Human Immuno-deficiency Virus IBA Independent Broadcasting Authority ICESCR International Covenant on Economic, Social and Cultural Rights IDEA International Institute for Democracy and Electoral Assistance I-PRSP Interim Poverty Reduction Strategy Paper JASZ Joint Assistance Strategy for Zambia MDGs Millennium Development Goals MECOZ Media Ethics Council of Zambia MISA Media Institute of Southern Africa MMD Movement for Multi-Party Democracy NCC National Constitutional Conference NEC National Executive Committee NGO Non-Governmental Organization NGOCC Non-Governmental Organization Coordinating Council NWLG National Women's Lobby Group OECD Organization for Economic Cooperation and Development PAC Public Accounts Committee PACRA Patents and Companies Registration Agency PF Patriotic Front PRSP Poverty Reduction Strategy Paper SACU Southern Africa Customs Union SADC Southern Africa Development Community SDA Seventh Day Adventist UDHR Universal Declaration of Human Rights UNDP United Nations Development Programme UNIP United National Independence Party UNZA University of Zambia UPND United Party for National Development ZAMEC Zambia Media Council ZANIS Zambia News and Information Services ZCSD Zambia Council for Social Development ZCTU Zambia Congress of Trade Unions ZNBC Zambia National Broadcasting Corporation Chapter 1 Introduction 1.1 Background Zambia became renowned for its peaceful transition from one party to multi-party democracy when in 1991 it replaced a sitting president through peaceful elections three years before the end of his term of office. This was part of a general trend in Africa which began in the late 1980s and saw many African one-party regimes replaced by multi-party democracies following political changes in Europe, including the end of the Cold War. Although formally, Zambia has been a multi-party democracy, it was virtually a one-party state for two decades from 1991 to 2011 as the ruling Movement for Multi-Party Democracy (MMD) remained in power. The MMD is a political party that was formed by an amalgamation of organizations, which included civil society organizations, student groups, trade unions, church organizations and other interest groups of the same name that championed the return to multi-party democracy. Zambia was a multi-party democracy from October 1964 to December 1972 when a one- party state constitution was introduced, but this ended in 1990. Since the re-introduction of the multiparty system, many civil society organizations were not affiliated to the ruling party. However, they have continued to play a watchdog role vis-à-vis the party and the government. Since coming
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