A Revolution Revisited the State of Democracy in Zambia since 1991 democracy index for Zambia 2013 Edited by Bryan M. Sims, Amy Eaglestone and Abdon Yezi A REVOLUTION REVISITED: THE STATE OF DEMOCRACY IN ZAMBIA SINCE 1991 edited by Bryan M. Sims, Amy Eaglestone and Abdon Yezi 2013 Idasa wishes to thank the Embassy of Denmark for its funding of this project. Published by Idasa, 357 Visagie Street, Pretoria 0001 © Idasa 2013 ISBN 978-1-920409-93-7 First published 2013 Editing by Hilda Hermann and Duncan Harford Design, layout and production by Bronwen Müller Cover by Joan Baker Printed by Brand Print, Pretoria All rights reserved. No part of this publication may be reproduced or transmitted, in any form or by any means, without prior permission from the publishers. Idasa’s democracy Index Contents Page Acronyms and Abbreviations iv Foreword 1 A Revolution Revisited 2 The Index: 100 Questions Contextualising Zambia’s Democracy 6 Section One: Participation and Democracy 15 Section Two: Elections and Democracy 34 Section Three: Accountability and Democracy 60 Section Four: Political Freedom and Democracy 81 Section Five: Human Dignity and Democracy 103 Biographical Information 131 References 134 For Further Reading 144 vI A Revolution Revisited: the stAte of democRAcy in ZAmbiA since 1991 Acronyms and Abbreviations ABB Activity Based Budgeting ACC Anti-Corruption Commission ACDEG African Charter on Democracy, Elections and Governance ADD Alliance for Development and Democracy ANC African National Congress APRM African Peer Review Mechanism AVAP Anti-Voter Apathy Project BFM Barotse Freedom Movement BA Barotseland Agreement BNB Basic Needs Basket BRE Barotse Royal Establishment CBC Central Broadcasting Company CBOs Community-Based Organisation CCJP Catholic Commission for Justice and Peace CCZ Council of Churches in Zambia CDF Constituency Development Fund CEEC Citizen Economic Empowerment Commission CG Corporate Governance CHRI Commonwealth Human Rights Initiative CPC Criminal Procedures Code CRC Constitutional Review Commission CSEC Civil Society Election Coalition CSO Civil Society Organisation CSPR Civil Society for Poverty Reduction DEC Drug Enforcement Commission DIP Decentralisation Implementation Plan DSTV Digital Satellite Television DVEC District Voter Education Committees ECCDE Early Childhood Care and Development Education ECZ Electoral Commission of Zambia EFZ Evangelical Fellowship of Zambia EISA Electoral Institute for Southern Africa EITI Extractive Industries Transparency Initiative EIU Economist Intelligent Unit ERTC Electoral Reform Technical Committee FBO Faith-Based Organisation FDD Forum for Development and Democracy FES Fredriech Ebert Stiftung Idasa’s democracy Index AcRonyms And AbbReviAtions vii FISP Fertiliser Input Support Programme FNDP Fifth National Development Plan FODEP Foundation for Democratic Process FPTP First-Past-The-Post GBV Gender-Based Violence HDI Human Development Index HIPC Heavily Indebted Poor Countries Initiative IBA Independent Broadcasting Authority ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICT Information and Communications Technology IG Inspector General of Police ILO International Labour Organisation JSC Judicial Service Commission LAB Legal Aid Board LAZ Law Association of Zambia LEA Law Enforcement Agency LGBT Lesbian, Gay, Bisexual and Transgender LRF Legal Resource Foundation MDG Millennium Development Goal MECOZ Voluntary Media Council of Zambia MMD Movement for Multiparty Democracy MP Member of Parliament MTEF Medium Term Expenditure Framework NAPOA National Action Plan of Action NCC National Constitutional Conference NDP National Development Plan NGO Non-Governmental Organisation NLACW National Legal Aid Clinic for Women NPSA National Pensions Scheme Authority NRC National Registration Card NVEC National Voter Education Committee NYDC National Youth Development Council PAC Public Accounts Committee PDCC Provincial District Development Coordinating Committee PF Patriotic Front PFA Public Finance Act PMRC Parliamentary Reforms and Modernisation Committee POA Public Order Act PPCA Police Public Complaints Authority vIII A Revolution Revisited: the stAte of democRAcy in ZAmbiA since 1991 PPP Public Private Partnership PPSU Police Professional Standards Unit PRMC Parliamentary Reforms and Modernisation Committee PRP Parliamentary Reform Project PRSP Poverty Reduction Strategy Paper PSRP Public Sector Reform Programme PUSH Project Urban Self Help PWAS Public Welfare Assistance System PWDs Persons with Disabilities SACCORD Southern Africa Centre for Constructive Resolution of Disputes SADC Southern African Development Community SAG Sector Advisory Group SNDP Sixth National Development Plan SOE State-Owned Enterprise TBN Trinity Broadcast Network TC Technical Committee TIZ Transparency International Zambia UDHR Universal Declaration of Human Rights UNCRPD United Nations Convention on the Rights of Persons with Disabilities UNDP United Nations Development Programme UNICEF United Nations Children’s Fund UNIP United National Independence Party UNZA University of Zambia UP United Party UPND United Party for National Development UPP United Progressive Party WiLDAF Women in Law and Development in Africa WHO World Health Organisation YWCA Young Women’s Christian Association ZAFOD Zambia Federation of the Disabled ZAMEC Zambia Media Council ZANEC Zambia National Education Coalition ZANC Zambia National Congress ZAPD Zambia Agency for Persons with Disabilities ZCID Zambia Centre for Interparty Dialogue ZCTU Zambia Congress of Trade Unions ZEC Zambia Episcopal Conference ZNBC Zambia National Broadcasting Corporation Idasa’s democracy Index foRewoRd 1 Foreword Idasa developed the Democracy Index to assess the depth of democracy in South Africa. In its initial iteration, designed by Robert Mattes and Richard Calland, the Index comprised 150 questions. These were honed to a list of 100 questions in 2005 and the same questions were used for Idasa’s subsequent South Africa Democracy Index in 2010. The research re- lies on expert analysis to answer a set of questions that interrogate how closely, in practice, - cisions about public affairs; and, how equal are citizens to one another in this accountability elections, accountability, political rights and human dignity. Idasa is expanding the Index into southern Africa in an effort to broaden the capacity of individuals and organisations monitoring and supporting democratic governance efforts in the sub-region. As the Idasa Democracy Index is tested in a range of countries, the tool will be enhanced and nationalised. The hope is that citizens of any country can use the Democracy Index to assess and debate the current state of their democracy. The purpose of the scores is to assist citizens in making their own judgements, based on the information available, to stimulate national debate, and to provide democracy promoters with a tool for identifying issues and needs that can be addressed through education, advocacy, training, in- stitution building and policy revision. This is the inaugural Index for Zambia and is intended to set a benchmark for democracy to be measured against in the future. All of the authors, and one of the co-editors, are Zambian or based in Zambia. Together, their depth of expertise is grounded in years devoted to activism, civil society, academia and government. Authors were asked to provide a numerical score for each question and a narrative justifying their rating. The group convened twice to ensure both a common un- derstanding of the Index and peer review of the ongoing assessment process. The second of these meetings took the form of a validation workshop at which other members of civil society, academia and government were invited to give feedback and comment on the analy- expert reference group, ultimately this is an individual expert assessment. As such, each set of Democracy Index results stands on its own and is not suitable for statistical comparison across years or cross-country comparative ranking. It is through its use by Zambians that the Idasa Democracy Index can enhance research capacity, assist representative groups to lobby for greater democratic depth and quality, and spark participatory engagement between governments and citizens. Idasa is grateful to its in- country partners for their willingness to try out the tool, their commitment to the process and the ongoing work on democracy that they do as individuals or through their organisations. Karin Alexander‚ Team Leader: Measuring and Monitoring Democracy, Idasa 2 A Revolution Revisited: the stAte of democRAcy in ZAmbiA since 1991 INTRODUCTION by bRyAn m. sims Zambia’s current political and economic conditions have, of course, been shaped by its past. Three republics have emerged since Zambia gained independence from the United Kingdom in 1964. At the beginning of the First Republic, struggle leader Kenneth Kaunda of the United National Independence Party (UNIP) was elected president. His leadership became increasingly authoritarian and intolerant of opposition. These traits culminated in a constitutional amendment creating a one-party state and the birth of the Second Republic in 1972. Zambia was a one-party state until 1991. As opposition through political parties was impossible during this time, growing dissent was channelled through various groups and or- ganisations, including Christian churches, trade unions and other civil society organisations (CSOs).