Quarterly Bulletin

In the recent past, Zambia has faced some serious challenges in its governance and democracy touching on the Constitution, elections, the media and the civil society. Peter Henriot highlights seven key requirements for a healthy democracy in Zambia. (The article first appeared in The Post newspaper on 11 August 2009.)

How healthy is our democracy in Zambia? Given a lot of the political tensions and turmoil being experienced these days, it is a good idea to make some hard evaluation of the health of our Zambian democracy today. 

If you go to a physician for a physical health exam, she or he would check several elements – temperature, blood pressure, pulse, cholesterol, etc.  Let me suggest some areas for testing our democratic health.  

Here are seven elements in our democracy that need some honest scrutiny by the best of all physicians of Zambia’s health, our citizenry.

CONSTITUTION AND GOVERNANCE

First, an effective Constitution.  Surely there is a widespread feeling that something is not quite clicking in the operation of the National Constitutional Conference (NCC) these days.  The challenges raised by the recent Oasis Forum statement cannot be ignored.  Is the Government really committed to a people-driven process to get a Constitution that will “stand the test of time”?   Strong messages by high government officials rejecting outright key elements of the Mung’omba Draft Constitution (e.g., 50% plus one, Cabinet Members from outside Parliament, oversight of debt contraction process, new Bill of Rights) make many of us question whether the NCC is being obliged to mirror the Ruling Party’s concerns or is it reflecting the concerns of the wider public surveyed by the Mung’omba Commission.  And dragging the whole NCC process into 2010 is not only very costly but also highly questionable.  Will things be in place for the 2011 elections?

Second, honest governance.  Pious statements about being against corruption matter very little unless followed up by clear examples, forceful instructions, strong investigations, outright suspensions and dismissals.  And we don’t seem to be getting that from the Government in power.  Granted some action is being taken against the horrendous scams in the Ministry of Health.  But remember that the recent Auditor General’s report listed several other ministries as being heavily fraught with corrupt practices.  What specific actions are being taken right now in these ministries?  A Minister is reinstated after a higher court dismisses that she breached the Constitution; but what about the Tribunal’s finding of seven counts of breaches of the Ministerial Code that were not in fact overturned?  And what image is given when a former government official (on trial) and his wife (already convicted) are given high places at State banquets?  Government officials complain about the bad press given to Zambia by some opposition political figures.  But certainly that is nothing compared with the bad – and worsening – reputation coming from failure to really crack down hard on the corruption that is now killing more people in this country than HIV and AIDS! 

POWERS AND PARTIES

Third, effective separation of powers.  The current Zambian Constitution is clear about there being three government bodies: executive, legislative, judiciary.  But how overly influential is the executive when it can push anything (or stop anything) in the Parliament?  At the   end of the day,  can all 157 MPs honestly admit that they really actively and intelligently participate in debate, in study, in independent initiatives, in serving their constituencies, in earning their “legal” (?) mid-term gratuities? And why are questions constantly being raised about the independence of the judiciary or its fair operation in promptly serving the poor?

Fourth, strong political parties.  We seem to be in the season of newly sprouting parties, even while we can see some serious splits occurring in the Ruling Party and the main Opposition Parties (in pact).  A clear sign of a strong party would be strong policies and not simply strong personalities.  A positive sign of a strong party would be wide participation across the nation and not simply tribal affiliations in some regions.  And an encouraging sign of a strong party would be hard-working members and not simply rowdy cadres.  Political leadership is for service of the people, not for benefits to personal advantages and family awards.  Would an objective outsider judge Zambia to be a locus of strong political parties today?

ELECTIONS AND MEDIA

Fifth, free and fair elections.  The Zambia Electoral Commission may work hard for free elections secured against blatant rigging.  But how fair  are  elections  when  Government   vehicles   are used for partisan purposes, when national television features many minutes about the Ruling Party candidate but leaves one wondering whether any Opposition candidates exist?  And surely better explanations are in order about the current focus on certain areas for distribution of registration cards. 

Sixth, free and responsible media.  In any country where democracy is healthy, the media – print and electronic – is free and responsible.  Free in the sense of not being controlled or threatened by the government or political factions; responsible in the sense of being honest and accountable, not sensationalist or biased. Recent physical attacks on reporters by Ruling Party cadres and open threats by government officials of strong “supervision” of the media are certainly not very encouraging.  Outrageous headlines and distorted stories in both government and independent press betray a sense of responsibility.  Instead of high Government officials warning radio stations and newspapers that they will be shut down, some open dialogue would promote the vigorous media needed for the reporting and editorialising necessary for a democracy in Zambia. 

CIVIL SOCIETY

Seventh, strong civil society. Reading over the recent parliamentary debates about a proposed bill to regulate NGOs and the assent by the President making law on NGOs, one can easily get the sense of a hidden agenda in operation. Actually, not so hidden an agenda but a quite open scheme: tame civil society so that it doesn’t challenge government plans or personalities! Members of Parliament of both the Ruling Party and the Opposition Parties must decide and declare whether or not they believe in democracy and support instruments like civil society organisations. Yes, there may be too many NGIs (non-governmental individuals) – most of whom spring up to defend the Ruling Party (as a simple survey of recent news would reveal).  Yes, there may be some groups that spend too much money on themselves and not on the people they are supposed to serve.  And yes, there may be some civil societies that are too partisan.  But a fair appraisal of the NGO Act shows serious flaws in democratic style and intent. MPs and the President should look deeper at the motives behind the Act – after all, Zambia isn’t Zimbabwe or the former Soviet Union!

The seven elements of a healthy democratic body should surely help us examine whether the Zambian democratic body is healthy or not.

It has to be firmly stressed here that the incredibly irresponsible attacks on the Catholic Church in this country at this moment by high government officials dangerously undermine the democracy we so much need at this critical moment in Zambia’s history.  Will there be formal retractions and apologies? 

Peter Henriot, S.J.
JCTR Staff
Lusaka, Zambia