U4 Helpdesk Answer 12 November 2020 AUTHOR Overview of corruption and Kaunain Rahman (TI) anti-corruption in Zambia [email protected] With a focus on the justice sector, REVIEWED BY grievance mechanisms in the public Sofie Arjon Schütte (U4) sector, and gender and corruption [email protected] Zambia faces significant corruption challenges; public Jorum Duri (TI) and Maurice Knyambe (TI Zambia) procurement and the justice sector are especially affected. A progressively authoritarian regime has resulted in [email protected] increasing political violence against the opposition and government critics. With the onset of COVID-19, there are fears that, in a bid for survival, the ruling party may find ways of personal enrichment at the expense of public RELATED U4 MATERIAL welfare. Women face significant barriers to political Zambia: Overview of corruption participation, and their experiences with corruption are and anti-corruption (2014) notably different in some/ a number of cases. The Office of the Public Protector has emerged as an ombudsman authority in recent years. Helpdesk Answers are tailor-made research briefings compiled in ten working days. The U4 Helpdesk is a free research service run in collaboration with Transparency International. Query Can you please provide us with an update of the 2014 corruption analysis for Zambia? If possible, on the justice sector, on existing complaints and grievance mechanisms in the public sector and how effective they are, as well as the connection between gender and corruption (in the Zambian context). Contents MAIN POINTS — Corruption remains a problem in the 1. Background Zambian context, with government officials 2. Extent of corruption frequently engaging in corrupt acts with 3. Forms of corruption impunity. 4. Sectors affected by corruption — Political corruption and undue influence 5. Legal and institutional anti-corruption stand out as major forms of corruption. framework 6. Focus areas — The judiciary is influenced by the 7. Other stakeholders executive, and its reputation is marred by 8. References allegations of corruption. Background — Applying a gender dimension to experiences of bribery show that, while Zambia, a landlocked country in Southern Africa, is women are less frequently asked than men to pay bribes, they are more likely to raise a constitutional republic governed by a their voices against it. Women are also democratically elected president (US Department more affected than men when it comes of State 2019; World Bank 2020). Despite regular to the growing phenomenon of multiparty elections, the legal and practical "sextortion" where sex is used as an obstacles faced by opposition parties act as an informal currency in exchange for favours impediment to fair competition (Freedom House and economic opportunities. 2020). For example, the Human Rights Report (2019), by the US Department of State, , notes on — The Office of the Public Protector acts as a the 2016 elections that while ultimately the results centralised grievance mechanism for all were a reflection of the votes which had been cast citizens. “media coverage, police actions, and legal restrictions heavily favoured the ruling party and banning of peaceful demonstrations and meetings, prevented the election from being genuinely fair”. remain as problems in the country (US Department of State 2019; Freedom House 2020). Moreover, political violence coupled with legal restrictions to freedom of expression, including the U4 Anti-Corruption Helpdesk Overview of corruption and anti-corruption in Zambia 2 Economically, gross domestic product (GDP) Extent of corruption growth rate declined significantly in 2019 from 4% (2018) to 1.4% for the country (World Bank 2020). Zambia ranks 113 out of 180 in Transparency The risk of external debt distress for Zambia was International’s 2019 Corruption Perceptions Index raised from medium to high by a joint IMF-World (CPI) with a score of 34/100 (Transparency Bank debt sustainability analysis in 2017 International 2019a). The Worldwide Governance (Bertelsmann Stiftung 2020). Zambia is the first Indicators (WGI) accord the following scores in African country in 2020 to default on a portion of percentile rank to the country (World Bank 2019): its debt (The Africa Report 2020). WGI Indicators Zambia In 2018, citing corruption concerns, the UK followed Sweden and Ireland in suspending aid Indicator 2018 percentile 2019 percentile programs to the country after the government rank rank admitted that US$4.3m (£3.3m) of donor funds had gone missing from the Social Cash Transfer Control of 27.9 28.4 programme, which allocates money that is paid corruption directly to the poorest (BBC News 2018). Currently, the ongoing COVID-19 pandemic has Government 33.2 27.4 exacerbated Zambia’s macroeconomic effectiveness vulnerabilities, pushing the kwacha down by another 30% and increasing external debt servicing Political stability 51.0 43.8 costs and domestic inflationary pressures (World and absence of Bank 2020). On the domestic front, increasing violence/terrorism COVID cases may result in the overwhelming of healthcare systems, and massive business and job Regulatory 34.1 31.3 losses (World Bank 2020). quality Even before the pandemic, widespread corruption Rule of law 43.1 35.1 was a significant obstacle to economic growth (Bertelsmann Stiftung 2020). Now, preliminary Voice and 36.0 36.9 findings from a survey conducted in July 2020 by accountability the University of Gothenburg’s programme on governance and local development and the Southern African Institute for Policy and Research The 2019 TRACE Bribery Risk Matrix places (SAIPAR), based in Lusaka, reveal that 71% of Zambia in the “moderate” risk category, ranking it Zambians fear that politicians will use COVID-19 to 107 out of 200, with a risk score of 55 (TRACE gain power or to enrich themselves (Ahsan Jansson International 2019). et al. 2020). U4 Anti-Corruption Helpdesk Overview of corruption and anti-corruption in Zambia 3 Bertelsmann Stiftung's Transformation Index GCB corruption by institution2 (BTI)1 2020 ranks Zambia 76 out of 137 countries with a score of 5.16 (on a 1-10 scale). The 2020 Institution Percentage of Percentage of report also notes that the Zambian market respondents respondents functions under a weak institutional framework in 2015 2019 which corruption and red tape play a major role (Bertelsmann Stiftung 2020). The Ibrahim Index of President/prime 27% 32% African Governance (IIAG) on the other hand minister awards the country an overall governance score of 56.2/100, with a rank of 18/54 among countries Members of 34% 36% from Africa. parliament Findings from the Global Corruption Barometer Government officials 32% 37% Africa 2019 survey by Transparency International (2019b) are as follows: Local government 33% 34% GCB highlights Zambia officials Survey question percentage of Police 51% 54% respondents Judges and 30% 28% Think corruption increased in 66% magistrates the past 12 months Religious leaders 16% 11% Public service users who paid a 18% bribe in the previous 12 month Business executives 32% 31% Think their government is doing 70% Traditional leaders 21% 16% a bad job of tackling corruption NGOs - 13% Think that ordinary citizens can 48% make a difference in the fight against corruption An Afrobarometer survey report from 2018 had the following results (Isbell 2018): 1 It assesses the transformation toward democracy and a market 2 Percentage who think that most or all people in these institutions economy as well as the quality of governance (Bertelsmann Stiftung are corrupt. 2020). U4 Anti-Corruption Helpdesk Overview of corruption and anti-corruption in Zambia 4 - 66% say levels of corruption have increased political pressure on public employees to secure over the past year, up from 55% in 2014. election victories, have also been levied against - 70% say that the government is handling those in power (Freedom House 2020). the fight against corruption “fairly badly” or “very badly”, an increase from 42% in 2013. In 2016, an opposition leader, Erick Chanda, was - 54% of respondents believed that “most” or arrested and charged with defamation for alleging “all” police officials are corrupt, and more that President Edgar Lungu used public funds on a than one in four respondents who had holiday. Critics opined that these were intimidation contact with the police in the previous year tactics being deployed by the ruling party (Reuters said that they had paid a bribe to “avoid 2016). In 2019, Sean Tembo from the opposition problems or obtain assistance”. group Patriots for Economic Progress, was arrested - The percentage of respondents finding for allegedly defaming the president on social government officials corrupt were 37% for media. Similarly, a citizen from Luanshya was members of parliament (MPs), 34% for arrested for the remarks he made on a local radio local government councillors, and 32% for station about the president (Freedom House 2020). officials in the presidency. Another opposition leader, Chishimba Kambwili, - 84% of respondents said it was “somewhat was arrested in 2019 on charges of defaming likely” or “very likely” that rich people President Lungu by implying that “the head of the could use bribery or personal connections state was a dog” (Al Jazeera 2019). to avoid paying taxes. The percentage of Three opposition party supporters were killed in respondents believing that rich people 2019 without any consequences for the could avoid going to court or registering perpetrators (Freedom House 2020). In the face of land that was not theirs through corrupt the COVID-19 pandemic, observers allege that the means was 88%. ruling party, the Patriotic Front (PF), is - 49% of respondents thought that ordinary “increasingly focused on political survival rather people could make a difference in the fight than addressing the economic and health crises” against corruption. However, 68% felt that (ESID 2020). It has been suggested by experts that they would risk retaliation if they reported such a progressively authoritarian regime may go corruption to the authorities. on to further erode public trust in governance and exacerbate levels of corruption (ESID 2020).