REPUBLIC OF ZAMBIA

REPORT

OF

THE

COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS

FOR

THE

THIRD SESSION OF THE TWELFTH NATIONAL ASSEMBLY

Printed by the National Assembly of Zambia

REPORT

OF

THE

COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS

FOR

THE

THIRD SESSION OF THE TWELFTH NATIONAL ASSEMBLY

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TABLE OF CONTENTS

ITEM PAGE 1.0 Membership of the Committee 1 2.0 Functions of the Committee 1 3.0 Meetings of the Committee 2 4.0 Programme of Work 2 5.0 Procedure Adopted by the Committee 2 6.0 Arrangement of the Report 2

Part I 7.0 Consideration of Topical Issues 2

7.1 Topic 1: The Operations of the Department of Immigration 2 vis-a-vis the Issuance and Management of Visas and Employment permits

7.1.1 Background of the Study 3 7.1.2 Summary of Submissions by Stakeholders 4

7.1.2.1 The Legal and Institutional Framework Governing 4

the Department of Immigration

7.1.2.2 The Processes Involved in Issuing Visas and Employment 4 permits

7.1.2.3 Mechanisms to Ensure Adherence to the 9 Conditions of the Visa or Employment permit

7.1.2.4 The 2017 Revised Regulations in Support of the 11 Zambianisation Policy

7.1.2.5 Collaboration among Law Enforcement Agencies 11 in the Enforcement and Administration of Visas and Employment Permits

7.1.2.6 Challenges in the Enforcement of and/or Administration 12 of Visas and Employment Permits

7.1.2.7 Concerns by Stakeholders 12 7.1.2.8 Way Forward 14 7.1.2.9 Local Tour: Copperbelt and North-Western Provinces 15 7.1.2.10 Findings from the Local Tour and Stakeholder meetings 15 7.1.2.11 Committee’s Observations and Recommendations 20 7.2 Topic Two: An Update on the State of Infrastructure in Missions

Abroad vis-à-vis the Implementation of the Mortgage Financing Strategy 24

7.2.1 Background/Rationale 24 7.2.2 Summary of Submissions from Stakeholders 25 7.2.2.1 State of Infrastructure in Missions Abroad 25 7.2.2.2 The Legal and Institutional Framework

Governing the Mortgage Financing Strategy 25 7.2.2.3 The Extent of the Implementation of the Mortgage

Financing Strategy and the Results thereof 26 7.2.2.4 Challenges and Opportunities for Improved

Performance 27

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7.2.2.5 Opportunities 28 7.2.2.6 Way Forward 28 7.2.2.7 Committee’s Observations and Recommendations 28

7.3 Topic Three: An update on the Shift from Political to Economic Diplomacy:

The Case of China 29 7.3.1 Background/Rationale 29 7.3.2 Summary of Submissions from Ministry of Foreign Affairs 30 7.3.3 Committee’s Observations and Recommendations 30

Part Two

7.4 Consideration of Outstanding Issues from the Action Taken Report for the Second Session of the Twelfth National Assembly 32

7.4.1 The Operations and Management of Institutions Under the Ministries of Defence and Foreign Affairs: The Zambia Army; The Zambia Air Force; Zambia National Service and Selected Missions Abroad 33

7.4.2 Statelessness and the Protection of Stateless Persons in Zambia 38

7.4.3 Foreign Tour 39 7.5.3.1 Zambian Mission in Windhoek- Namibia 39 7.5.3.2 Zambian Mission in Pretoria-South Africa 42

7.5 Consideration of Outstanding Issues from the Action Taken Report for the First Session of the Twelfth National Assembly 44

7.5.1 The Zambia Police Service 44 7.5.2 The Zambia Correctional Service 45 7.5.3 The Drug Enforcement Commission 49 7.5.4 National Registration, Passport and Citizenship

Department 50 7.6 Consideration of Outstanding Issues from the Action- Taken Report for

The Fifth Session of the Eleventh National Assembly 51 7.6.1 Local Tours of Lusaka, Kabwe, Kapiri-Mposhi, Ndola,

Kitwe and Solwezi 52 7.7 Consideration of the Action-Taken Report on the Report of the

Eleventh National Assembly 52 7.8 Consideration of Outstanding Issues From The Action- Taken

Report on the Report of the Committee for the Second Session of The Eleventh National Assembly 53

8.0 CONCLUSION 55 Appendix I: Officials of the National Assembly 56

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REPORT OF THE COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS FOR THE THIRD SESSION OF THE TWELFTH NATIONAL ASSEMBLY APPOINTED ON WEDNESDAY, 20TH SEPTEMBER, 2017. 1.0 MEMBERSHIP OF THE COMMITTEE

The Committee consisted of Dr M Malama, MP, (Chairperson); Ms A M Chisangano, MP (Vice Chairperson); Mr E J Muchima, MP; Brig Gen M Sitwala, MP; Mr A K Mbangweta, MP; Mr L Nyirenda, MP; Mr A B Malama, MP; Mr F Ng’ambi, MP; Ms M Miti, MP; and Mr E K Belemu, MP. The membership of the Committee changed when Ms M Lubezhi, MP replaced Mr E K Belemu, MP, who was appointed to serve on another Committee. The Honourable Mr Speaker National Assembly Parliament Buildings LUSAKA Sir The Committee has the honour to present its Report for the Third Session of the Twelfth National Assembly. 2.0 FUNCTIONS OF THE COMMITTEE

The Committee oversees operations of the Ministries of Defence, Home Affairs and Foreign Affairs. In overseeing the activities of these Ministries, the Committee is mandated to:

a. study, report and make recommendations to the Government, through the House, on the mandate, management and operations of the Ministries of Defence, Foreign Affairs and Home Affairs, departments and/or agencies under its portfolio;

b. carry out detailed scrutiny of certain activities being undertaken by the Ministries of Defence, Foreign Affairs, Home Affairs, departments and/or agencies under its portfolio and make appropriate recommendations to the House for ultimate consideration by the Government;

c. make, if considered necessary, recommendations to the Government on the need to review certain policies and/or certain existing legislation;

d. examine annual reports of Government ministries and departments under its portfolio in the context of autonomy and efficiency of Government ministries and departments and determine whether the affairs of the said bodies are being managed according to relevant Acts of Parliament, established regulations, rules and general orders;

e. exercise powers conferred on it under Article 203 of the Constitution; f. consider Bills that may be referred to it by the House; g. consider international agreements and treaties in accordance with Article 63 of the

Constitution; h. consider special audit reports refereed to it by the Speaker or an Order of the House; i. where appropriate, hold public hearings on a matter under its consideration; and

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j. consider any matter referred to it by the Speaker or an Order of the House.

3.0 MEETINGS OF THE COMMITTEE

The Committee held fourteen meetings during the year under review to consider three topical issues. 4.0 PROGRAMME OF WORK

At its first meeting, the Committee considered and adopted the programme of work set out below.

a) Consideration of the Action-Taken Report on the Committee’s Report for the Second Session of the Twelfth National Assembly.

b) Consideration of topical issues: i. The Operations and Management of the Department of Immigration;

ii. An Update on the State of Infrastructure in Missions Abroad vis-à-vis the implementation of the Mortgage Financing Strategy;

iii. Update on the Shift from Political to Economic Diplomacy: the Case of China and; iv. Consideration of Reports from Parliamentary Delegations. A separate report will be

issued on this subject.

c) Local and Foreign Tour.

5.0 PROCEDURE ADOPTED BY THE COMMITTEE The Committee requested for written memoranda from various stakeholders on the topical issues under consideration and subsequently invited those stakeholders to appear before it in order to make oral submissions and clarifications on issues arising from their written submissions. 6.0 ARRANGEMENT OF THE REPORT The Report is in two parts: Part I is on the Consideration of Topical Issues and Findings from The Tours while Part II is on the Consideration of Outstanding Issues from the Action-Taken Reports on the previous Reports of the Committee. PART I 7.0 CONSIDERATION OF TOPICAL ISSUES

7.1 TOPIC ONE: THE OPERATIONS OF THE DEPARTMENT OF IMMIGRATION VIS-À-VIS THE ISSUANCE AND MANAGEMENT OF VISAS AND EMPLOYMENT PERMITS

7.1.1 Background to the Study The Department of Immigration was charged with the responsibility of, inter alia, controlling all borders and ensuring that only foreigners who qualified to be employed by businesses operating in Zambia were issued with appropriate legal documents to enable them take up their

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appointments in the country, especially in sectors in which specialised expertise was not available locally. This was pursuant to the Immigration and Deportation Act, No. 18 of 2010, as amended by the Immigration and Deportation Act, No. 19 of 2016. There had been complaints with regard to the influx of foreigners, especially Chinese nationals, into Zambia and the fact that some came to do jobs that should ordinarily be reserved for Zambians. For example, during the debate on the Motion of Thanks to His Excellency the President’s address during the ceremonial opening of the Third Session of the Twelfth National Assembly, delivered on Friday 14th September, 2018, the Leader of the Opposition in the House pointed out that Chinese investors had been allowed to come into the country with their own labourers. Consequently, various jobs, including petty trading, that were supposed to be done by Zambians, were being done by Chinese nationals. This was against the background of the high unemployment levels vis-à-vis the apparently indiscriminate issuance of employment permits by the Department of Immigration. There had also been complaints about the issuance of visas. Some of the complaints were from employers, who felt that the insistence by the Department of Immigration that entities seeking visas for their would be employees, should engage immigration agents or consultants instead of using their own Human Resource managers, was an unnecessary cost. Other complaints emanated from failure by the Department of Immigration to adhere to the fourteen days time frame within which it had undertaken to process visa applications. Further, although the hard copy of the Department of Immigration Guide on Immigration Permits and Visa Requirements and Fees, had prescriptions on the type of visas and employment permits and their requirements, the Department’s website did not contain specific requirements on different types of visas and employment permits. In view of the foregoing, the Committee undertook an inquiry into the operations of the Department of Immigration, with a particular focus on the management and procedure for the issuance of employment permits and visas. Witnesses The Committee interacted with the witnesses listed below on the matter.

i. Ministry of Home Affairs (Department of Immigration). ii. Ministry of Labour and Social Security.

iii. Ministry of Commerce, Trade and Industry. iv. Zambia Chamber of Commerce and Industry. v. Zambia Federation of Employers.

vi. Zambia Congress of Trade Unions. vii. Association of Mine Suppliers and Contractors.

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7.1.2 SUMMARY OF SUBMISSIONS BY STAKEHOLDERS The submissions made by the stakeholders on the topical issue under consideration by the Committee are summarised below. 7.1.2.1 The Legal and Institutional Framework Governing the Department of Immigration

The Committee was informed that the Department of Immigration operated under the Ministry of Home Affairs and that it was established under the Immigration and Deportation Act No. 18 of 2010, as amended by the Immigration and Deportation Act No.19 of 2016. The Committee further learnt that pursuant to section 4 of the Act, the Department of Immigration fell under the Zambia Police Service Commission. The Committee learnt that the Department of Immigration was responsible for facilitating and regulating the movement of persons entering and leaving the country and controlling the stay of immigrants and visitors as a way of maintaining internal security and sustainable socio-economic development in the country. Some of the key functions of the Department of Immigration, as provided for under section 5 of the Immigration and Deportation Act, included to:

i. control all borders as provided under the Act; ii. administer and regulate all ports of entry;

iii. regulate the migration of any person to Zambia but at the same time promote economic growth, encourage the training of citizens and residents by employers;

iv. assist in the prosecution of any offence under the Act; and v. maintain public records showing funds received or collected.

The Committee also learnt that the operations of the Department were further guided by the four principles listed hereunder.

i. An immigrant to Zambia must have a contribution to make in the form of a skill. profession or capital which should be of benefit to the people of Zambia.

ii. An immigrant should not deprive a citizen of Zambia of employment. iii. An immigrant should not ascend to the position of Head of State. iv. An immigrant intending to settle in Zambia must be in possession of a valid permit.

7.1.2.2 The Processes Involved in Issuing Visas and Employment Permits The Committee was informed that the Department of Immigration issued a total of twelve different types of permits to deserving foreign nationals as set out below.

i. Asylum Seeker's Permit. ii. Cross-Border Permit. iii. Diplomatic Permit. iv. Employment Permit. v. Investor's Permit.

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vi. Residence Permit. vii. Spouse’s Permit. viii. Study Permit. ix. Temporary Employment Permit. x. Temporary Permit. xi. Transit Permit. xii. Visiting Permit.

The Committee learnt further, that of the above documents, the Residence Permit, Employment Permit, Investor’s Permit, Spouse’s Permit and Diplomatic Permit were issued centrally at the Department of Immigration headquarters in Lusaka, while the rest could be obtained in the provincial centres and in some cases at district offices and/or at border control points.

a) Issuance of Employment Permit The Committee learnt that an employment permit was issued to a foreigner who entered the country to take up employment for a period exceeding six months and could also be extended to a maximum of ten years. This permit was issued to a foreigner who was:

i. employed by the Government of the Republic of Zambia or a statutory body; ii. employed by the private sector, non-governmental organisations (including a person

employed as a volunteer) or a religious organisation; and iii. the spouse and child over eighteen years of a foreigner may be issued with an

employment permit if they were to be employed in a family business.

Pursuant to the provision of the Act that an immigrant should not deprive a Zambian of employment, the Department had a responsibility to safeguard the Zambian citizens’ job interests. In this vein, the Department of Immigration issued permits in consultation with the Immigration Permits Committee. This was meant to ensure transparency and accountability. The Committee comprised the Department of Immigration, the Drug Enforcement Commission, Office of the President Special Division and the Zambia Police Service.

b) Key requirements The following were some of the key considerations in the issuance of employment permits.

i. Local Labour Market Test The Committee learnt that one of the key activities that the Immigration Permits Committee undertook when considering an application for an employment permit was to conduct a “local labour market test.” In this regard, employers were required to make genuine attempts to recruit Zambians and only when it was established that no Zambian could be found to fill a position, could the specific job be offered to a foreigner.

ii. Applicant Must be Outside the Country The Committee was informed that all applications for employment permits should be filed and processed at the Department of Immigration Headquarters. The foreign prospective employee was required to remain outside the country during the filing and processing of the application.

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iii. Academic and Professional Certificates Certified photocopies of academic and professional certificates and curriculum vitae must be submitted. This was to ensure that only expatriates who were qualified or possessed vast experience and had rare skills were issued with employment permits.

iv. Clearance from Professional Bodies In sectors, which were regulated by professional bodies, membership and practicing certificates from these professional bodies such as the Engineering Institute of Zambia (EIZ) and Zambia Institute of Chartered Accountants (ZICA) were a prerequisite. This was meant to ensure that employment permits were issued to persons who possessed the competences they purported to have.

v. Succession Plan A succession plan showing clearly which Zambian(s) would be understudying the expatriate, with the view of taking over the position in a period of two years, was required. This was to ensure that there was no vacancy once the expatriate’s tenure expired.

vi. Other Requirements Other documents that must be submitted were police clearance certificate from the country of previous residence and a letter of offer of employment/contract. Payments for processing of permits were made only through a bank certified cheque. vii. Qualified Persons to Submit the Application Companies were only allowed to engage either the Human Resource Personnel or registered immigration consultants to process immigration permits for their expatriates. A lawyer also qualified to process immigration permits for expatriates. Further, if the company decided to use a registered consultant, it was required to use the same consulting firm each time. A letter from the management of a particular company allowing the registered immigration consultant to process the permits had to be submitted to the Immigration Department for every application they made. viii. Processing Time The turnaround time for issuance of employment permits was fourteen days from submission of an application to the time the permit was granted or rejected. However, in some cases, it took slightly longer than fourteen days, especially in instances where applicants may not have completed the application in the manner required.

Visa Issuance and Types of Visas The Committee was informed that the Immigration Department offered the following types of visas.

i. Single Entry Visa – A Single Entry Visa allowed the holder to enter Zambia only once during the validity of the visa.

ii. Double Entry Visa – This allowed the holder to enter Zambia twice during the validity of the visa.

v. Multiple Entry Visa -This allowed the holder to enter Zambia multiple times during the validity of the visa. The Multiple Entry Visa was only issued by the Immigration Headquarters through the e-visa facility.

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vi. Transit Visa – These was issued to foreign nationals who required visas to enter Zambia and were transiting through using land transport and were valid for a maximum of seven (7) days.

vii. Day Tripper Visa – This was a visa issued at a port of entry to a tourist who visited Zambia for a period of less than twenty-four hours and made exit through the same port. This facility was also applied to tourists visiting Zambia and wished to visit a neighbouring country and re-enter within twenty-four hours. This currently only applied to Victoria Falls and Kazungula Border Controls.

viii. Gratis Visa - This was a free Visa issued at Zambia Missions Abroad or at Ports of entry to members of the diplomatic community on presentation of letters of accreditation and / or diplomatic passports. It was also issued to diplomats not accredited to Zambia on official business as long as they presented letters of invitation.

ix. e-Visa - This was an official document permitting entry into and travel within Zambia. It was an alternative to visas issued at Immigration Headquarters, Zambian Mission Abroad and at the ports of entry. Under this provision, applicants obtained their visas electronically after entering required information and making payments by a credit or debit card.

The Committee was informed that the e-visa application process was relatively easy, as all the applicant needed to do was fill out an electronic application form where personal information required was entered, after which they would be redirected to Barclays Bank portal for making payment. Applicants could pay online and once payment had been successful, the applicant would be redirected back to the application site where they would download a receipt.

Once a decision regarding a visa application had been made, approval or rejection, the applicant could log into the ‘Track’ section of the e-visa application website and print a copy of the e-visa approval or rejection letter. This decision would simultaneously be sent to the applicant’s email address. In case of an approval, the applicant was required to carry the approval letter and receipt, as they would be required to present them before an Immigration Officer. Holders of e-visa approval letters could enter Zambia through any port of entry. The Committee was informed that the Immigration Department had provided an e-visa portal to facilitate e-visa applications.

The Committee was further informed that single, double and multiple entry visas were valid for ninety days from the date of first issuance, with the exception of nationals from the United States of America whose multiple entry visas had a validity of three years. This arrangement regarding US nationals was on mutually agreed reciprocal basis.

c) Requirements for Issuance Applicants for visas were required to meet the conditions listed below.

i. All applicants were, among other things, required to duly complete the application form (Form 23), attach all the requisite documents, pay the prescribed fee and remain outside Zambia until the permit had been approved. The requisite documents included:

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a. covering letter from the employer to the Director General of Immigration; b. the letter of offer or contract of employment; c. police clearance from the country of residence; d. curriculum vitae; e. registration certificate from the relevant professional body in Zambia, where

relevant; f. certified copies of academic or professional qualifications; g. copy of marriage and birth certificate where available; h. certified copy of valid passport (bio data and last endorsement stamp for Zambia); i. certified copy of certificate of share capital and list of directors; j. copy of succession plan which shall include an understudy training programme to

be conducted by the foreign national to transfer the knowledge and/or skills to the Zambian worker;

k. copy of a certificate of incorporation; l. covering letter specifying the project on which the expatriate would be employed

and a copy of award specifying the completion date and value of the project in the case of construction, mining sector, ICT, engineering and other project based engagements;

m. A5size original press advertisements which must have appeared in two leading newspapers, including name of newspaper, date of the advert clearly visible on the advert and outcome of selection exercise; and

n. two recent passport size photos.

d) Requirement for Renewal / Extension In the event of the need to renew or extend the visa, applicants were required to provide the documents listed below.

i. Covering letter to the Director General of Immigration from the concerned employer. ii. Duly completed application form ( Form 11).

iii. Extended contract. iv. Original permit. v. Certified copy of valid passport ( bio data & last endorsement stamp for Zambia).

vi. Prescribed fee.

e) Requirements for Variation by Addition of Children and / or Spouse In instances where the necessity to vary the visa by adding a spouse or children arose, applicants were required to duly complete application form No. 9, pay the application fee and provide requisite documents including:

i. a covering letter to the Director General of Immigration from the applicant; ii. the original Permit;

iii. certified copies of marriage / birth certificate/s ( as appropriate ); and iv. certified copy of valid passport (bio data and last endorsement stamp for Zambia).

f) Requirements for Variation by Change of Occupation In the event that the holder of a visa changed their occupation, they were required to apply for variation of visa by filling the application form No. 9, paying the prescribed fee and supplying the necessary documents such as:

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i. a covering letter to the Director General of Immigration from the employer or concerned employer;

ii. a duly completed letter of appointment, offer or contract; iii. the original permit; and iv. a letter of release from the previous employer.

g) Issuance of Visas on Arrival

The Committee learnt that the category of persons who were eligible to obtain Zambian visas on arrival only needed to have a passport valid for at least six months from the date of entry and would be issued a visa at any Zambian port of entry, upon payment of the visa fee. Additional documents such as a letter of invitation and details of the host may sometimes be required for this category before they were granted the visa. The issuance of such visas took less than three minutes. Applicants to this category could also opt to obtain the e-visa.

h) Issuance of Visa Prior to Tavel The category of persons requiring a visa prior to travelling to Zambia could either obtain their visas from the nearest Zambian Mission Abroad or apply for an e-visa.

i) Processing Time The Committee heard that e-visa was issued in a period of between three and five working days from the date of application. 7.1.2.3 Mechanisms to Ensure Adherence to the Conditions of the Visa or Employment

permit The Committee learnt that the following measures were in place to ensure adherence to the conditions of the visas and employment permits issued.

a) Implementing an effective Visa-Management System The e-visa provided the Department with a form of pre-clearance mechanism which allowed for extensive background screening of the applicant and their purpose of visit. Where in doubt, the Department called the hosts for interviews.

b) Information Awareness Campaigns Information awareness campaigns were another important tool that the Department used to promote adherence to the conditions attached to various visas and permits. The Department had targeted organisations representing employers so as to ensure a wider trickle down to employers who had expatriate employees. Some of the organisations sensitised included the Zambia Chamber of Mines, Zambia Chamber of Commerce and Industry, British Chamber of Commerce and the European Union Zambia Business Club. The Department also addressed Chinese employers through a sensitisation meeting on 1st September, 2018.

c) Website The Department operated a regularly updated website to ensure information on immigration procedures and requirements was readily available. This also contributed to ensuring compliance and adherence to the conditions attached to permits. Brochures and other information, education

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and communication materials on guidelines and procedures had been developed and shared with the public.

d) Publishing Information on Arrests, Prosecution, and Deportation of Abrogates

As a way to deter would-be offenders, the Department, through its Public Relations Office, had made it a point to publicise as widely as possible punitive action taken against those found to have abrogated conditions of visas and permits.

e) Inspection of Business The Immigration Permits Committee carried out a physical inspection of the company before deciding to approve applications for renewal of employment permits. This was done to ensure that the holder had complied with all conditions stipulated in the permit held.

f) Sanctioning Employers The Immigration and Deportation Act, No.18 of 2010 had placed liability on employers who employed illegal immigrants or permitted them to carry out any activity outside the conditions of the permit. The Department had made it a point to seek out and prosecute such erring employers in order to deter them from entertaining illegality.

g) Unannounced Random Operations The Department frequently carried out random visits of businesses and other premises to check on the immigration status of foreign nationals and the levels of compliance with immigration requirements.

The Committee was informed, further, that to ensure compliance, an employment permit was required to specify conditions for observance by the holder, as to the area within which the holder may engage in employment and the nature of the employment in which the holder may engage. The period of validity was determined by the Director General taking into consideration all the circumstances of the case and could be extended accordingly. However, the extension could not exceed a period of five years from the date of issue. The holder of the permit was further required to engage in paid work under an employer resident in Zambia and could exit and re-enter Zambia during the duration of the permit until the permit expired. The employer, on the other hand, was also required, upon termination of an employment contract of a foreign employee who was a holder of an employment permit, to surrender the employment permit to the Director-General of Immigration within one month of the termination of the employment contract. The employer was also obliged to be fully responsible for the repatriation of the former foreign employee and other costs associated with the deportation of that former foreign employee if the former foreign employee failed to leave Zambia when no longer in employment. If the employer failed to repatriate the former foreign employee, the employer committed an offence and was liable, upon conviction, to a fine not exceeding two hundred thousand penalty units.

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7.1.2.4 The 2017 Revised Regulations Supporting the Zambianisation Policy The Committee was informed that the Zambian Government, through the Department of Immigration had revised the guidelines for employment permits in order to enhance the implementation of the Zambianisation Policy as well as ensuring that employers could conduct their business in a conducive environment. The Zambianisation policy was adopted in 1964 upon independence and its main thrust was to empower indigenous and local Zambians by increasing the employment of local workers, while still allowing companies access to foreign expertise.

Following the revision of the regulations in 2017, the new regulations provided as set out below.

i. Submission of applications: Applications must be submitted directly to the Department of Immigration headquarters in Lusaka. Foreign nationals seeking to work in Zambia must remain outside the country when the application was submitted. Whereas previously companies relying on third parties to file applications on their behalf could use any firm at any given time, the new regulations provided that only one firm must be used and companies needed to provide a letter designating the third party as their representative for each permit application.

ii. Zambianisation: Employers were now expected to do more to assist the Government achieve its Zambianisation goals by stating how long the foreign nationals they were recruiting would be in their job. The Department of Immigration, working closely with relevant professional bodies, was expected to determine maximum allowable time periods. Whereas professional bodies were required to give guidance on how long it would take for a local worker to be trained to obtain the skills necessary for the job in question, employers were required to provide names of local employees who were in training to eventually take over positions filled by foreign workers.

iii. Employment permit validity: Whereas previously the validity period for employment permits was two years, the revised regulations provided that this would now be considered on a case-by-case basis, taking into account company size, stage of development and the level of investment in Zambia.

iv. Labour audits. The Ministry of Labour and Social Security, working with the Central Statistical Office and other relevant institutions, was expected to conduct quarterly audits to provide the Government with up-to-date information on the number of local and foreign workers employed by the companies at any given time.

v. Subcontracting: Under the revised regulations, companies that subcontracted a foreign company were required to provide information about the foreign company’s organisational structure to both immigration and labour authorities.

7.1.2.5 Collaboration among Law Enforcement Agencies in the Enforcement and Administration of Visas and Employment permits

The Committee learnt that the Department was by law mandated to create an environment of cooperation and consultation with other law enforcement agencies. Some of the agencies included the Zambia Police Service, the Patents and Companies Registration Agency, the Drug Enforcement Commission, the Office of the President Special Division, the Zambia Revenue Authority, the Financial Intelligence Centre, the Ministry of Labour and Social Securirty,

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Ministry of Foreign Affairs, the Office of the Commissioner for Refugees, the Anti-Corruption Commission and the Zambia Development Agency . The Committee learnt, further, that the Department also collaborated with other security wings in carrying out major clean-up operations as well as in the issuance of permits. One of the key collaboration mechanisms was the Immigration Permits Committee. 7.1.2.6 Challenges in the Enforcement of and / or Administration of Visas and Employment

permits

a) Challenges from the Point of View of the Ministry The following were the challenges faced by the Department of Immigration and the Ministry of Labour and Social Security in the enforcement and administration of visas and employment permits.

i. Since its creation in 1965, the structure of the Department of Immigration had remained the same while the population had grown and new districts had been created. This had resulted in the shortage of staff to run the additional offices and provide requisite services to the people.

ii. Inadequate and erratic funding had resulted in a very slow pace of rolling out the Zambia Immigration Management System (ZIMS). The system was only at twenty-two out of the ninety-nine stations countrywide. Irregular and untimely funding also led to failure to conduct follow-ups on integrated enforcement processes and procedures.

iii. There was inadequate transport for smooth operations. iv. Management information systems among the implementing agencies were fragmented

and ineffective. For instance, the Ministry of Labour and Social Security did not have an input into the final recommendation before the Committee could issue employment permits.

v. There was no updated skills inventory to ascertain the availability or lack of particular skills in Zambia before employment permits could be issued.

vi. There was weak collaboration between the Immigration Permits Committee and professional bodies. As a result, it was difficult to verify the applicants’ competence and skills before the employment permit was issued.

vii. There was no mechanism to monitor temporary employment permits.

7.1.2.7 Concerns by Stakeholders The challenges in the enforcement and administration of visas and employment permits from the perspective of stakeholders are presented hereunder. i. There were complaints of missing files at the Department of Immigration resulting in

delays in the issuance of visas and employment permits, which resulted in frustration for employers and other applicants.

ii. Except on e-visa applications, the Department of Immigration had not come up with mechanisms to enable applicants to track progress on their applications.

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iii. Despite the Department of Immigration providing a procedure and requirements for change of occupation employment permit application, the Department requested for other information, which was not stated in the Guide on Immigration Permits and Visas Requirements and Fees.

iv. The guidelines on the process of application for visas and employment permits were not adequately disseminated and the website was not frequently updated.

v. There was an insistence by the Department of Immigration to deal with immigration agents or consultants and not directly with human resource managers of the companies that applied for the visas and employment permits, which was an unnecessary cost on the part of the companies.

vi. Although the Department had given itself a time frame of fourteen days within which to process a visa or employment permit from the date an application was submitted, this period was not adhered to. Similarly although the Department had provided guidelines on the requirements for renewal and extension of employment permits, the approval process was too slow.

vii. Although the hard copy of the Department of Immigration Guide on Immigration Permits and Visa Requirement and Fees had prescriptions on the type of visas and employment permits and their requirements, the website did not contain specific requirements on different types of visas and employment permits.

viii. There was a very poor rate of response to clients from the Department on visa and employment permit application follow ups.

ix. The two year requirement for an employer to have an understudy to take over from an expatriate employee had proved to be a challenge in some cases. A number of Zambian workers’ work culture was such that they were not able to catch up and be able to perform competently after the two year period.

x. The two year limit on some employment permits may not be realistic in all instances. It was understandable if the employment permits was for a technician or junior engineer. However, the same would not be adequate to train a local as a senior engineer.

xi. The requirement that an applicant for a employment permit should remain outside the country until the application was successful had created challenges to employers when it came to the verification of certain information which could only be supplied by the individual seeking the employment permit.

xii. The Zambianisation Committee, which was established at the Ministry of Labour and Social Security to help ensure that jobs for which Zambians were available were not taken up by foreigners, was no longer in existence, which had weakened the monitoring mechanism.

xiii. While investors were provided with guidelines and limitations on the number of foreign workers to employ, in practice, they abrogated the provisions, especially after the establishment of the investment. This was particularly so with investors who tended to have strong political links and had no respect for labour inspectors.

xiv. Due to understaffing in the Labour Inspectorate at the Ministry of Labour and Social Security, labour inspections were rarely conducted.

xv. The requirement that when one applied for an extension of a employment permit and approval had delayed, the applicant would be issued with a Report Order and be required to report to the Department of Immigration weekly or monthly, had resulted in delayed

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works as well as increased costs due to frequent movements from whichever part of Zambia to the Department of Immigration in Lusaka.

xvi. Some stakeholders expressed concern that the Zambia Qualifications Authority was a critical stakeholder and should be included as a member of the Immigration Permits Committee to ascertain the genuineness and levels of qualification tendered.

7.1.2.8 Way Forward

The stakeholders informed the Committee that in order to address the challenges stated above, the proposals set out below should be considered.

i. The Department of Immigration should develop an online system where applicants could check for progress on the employment permit applications. This would also help decongest the Immigration office and save time for the officers to work on files.

ii. The Department of Immigration should regularly update the website to ensure that information on requirements for both visa and employment permits were current and adequate.

iii. The time line of fourteen days for the processing of the visas and employment permits should be strictly adhered to.

iv. The Department of Immigration should establish a Customer Service Department with a Customer Service Charter to guide the Department and improve the quality of service.

v. The Department of Immigration should improve on record keeping in order to reduce the rate at which files missed or eliminate it completely;

vi. The Department should process applications on the principle of first come - first serve.

vii. The Department of Immigration should create a hotline to assist with customer queries.

viii. The Department of Immigration should promote engagement with human resource staff from companies that applied for employment permits instead of insisting on agents, which had become an extra cost for employers.

ix. Applicants for employment permit should be allowed to get into the country under the category of ordinary visitors who were entitled to a free ninety days visit in any period of twelve months from the day of first entry into Zambia.

x. The requirement for an applicant of an employment permit to present a contract of employment or an offer letter of employment must be discontinued because it had the potential to put an employer in dispute with the potential employee because when a contract had been signed or an offer letter had been given, the employer - employee relationship had been established. Accordingly, if an employment permit had not been approved, the two parties had to find a way out of the employment contract so established.

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7.1.2.9 LOCAL TOUR AND STAKEHOLDER MEETINGS: COPPERBELT AND NORTH-WESTERN PROVINCES

The Committee toured border posts in Mufulira (Mokambo) and Chililabombwe (Kasumbalesa) and held stakeholder meetings in Ndola, Mufulira, Chingola, Chililabombwe and Solwezi.

7.1.2.10 FINDINGS FROM THE LOCAL TOUR AND STAKEHOLDER MEETINGS

In an effort to augment its understanding of the matters under its consideration, the Committee undertook a local tour during which the Committee engaged various stakeholders and undertook site visits in relation to its study. Presented hereunder, are the key findings of the Committee during the local tour and stakeholder meetings. 1. Copperbelt Province

The Committee was informed that the Copperbelt Province had ten Immigration stations, comprising five inland offices, namely; Ndola Regional Office, Luanshya, Kitwe, Mufulira and Chingola; four border controls, Mokambo, Sakania, Tshinsenda and Kasumbalesa; and one international airport. The Committee was further informed that Tshinsenda Border Post had been closed due to insufficient infrastructure. The regional immigration office was headed by an Assistant Chief Immigration Officer and deputised by a Principal Immigration Officer.

The Committee learnt that of the ten stations on the Copperbelt, only three, namely; the Regional office, Simon Mwansa Kapwepwe International Airport and Kasumbalesa Border Post, were connected to the Zambia Immigration Management System, (ZIMS Version 3.0), which was an electronic system of records and document management and other functions that provided online interactive customer services, such as e-filing, e-payments, status updates and visa application and processing of entries and exits. Office Accommodation Pertaining to office accommodation, the Committee discovered that the regional office was housed in a block shared with other Government Departments. The Committee was informed that aalthough there was room to expand the building, the efforts were hampered by the presence of water and sewer pipes which ran behind the building. The local authority was reluctant to reroute the pipes. The Committee was informed that Kitwe and Mufulira offices were renting office space from the Zambia Revenue Authority and from an individual respectively. The Committee discovered that even where the Department had its own buildings, they were in a state of disrepair. Mokambo office was currently sharing offices with ZRA; however, a new facility was under construction and was at 80 per cent completion. Issuance of Visas and Work Permits The Committee was informed that of the ten stations on the Copperbelt, only four, namely: Ndola Regional Office, Simon Mwansa Kapwepwe International Airport, Mokambo Border Post and Kasumbalesa Border Post issued permits as outlined below.

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i. Ndola Regional Office a) Temporary employment permits b) Temporary permits c) Visiting permits d) Study permits

ii. Simon Mwansa Kapwepwe International Airport issued Temporary Permits and Visas

iii. Mokambo Border Post issued Visas only and; iv. Kasumbalesa Border Post issued temporary permits, Visas and Transit Permits.

Inadequate ICT Equipment/Connectivity The Committee learnt that although the regional office was connected to the ZIMS network, it did not have adequate equipment. For instance, the office had only two scanners to cater for the whole region. Collaboration with Local Chambers of Commerce and Industry and Provincial Joint Operations Committee and District Joint Operations Committees The Committee learnt from the stakeholder consultations that the Permits Committee at the Immigration Headquarters did not involve the local Chambers of Commerce and Industry, the labour movement and the Provincial Joint Operations Committee ( PJOC) and the District Joint Operations Committees (DJOCs) let alone the Immigration Department who were on the ground in the processing of applications for visa and work permits. The situation had been worsened by the online application which had made it difficult for the institutions on the ground to input into the process by providing information on whether or not the skills being presented by foreign applicants were not available in Zambia. Owing to the fact that the ZIMS was not available everywhere, even the immigration officers were not aware of which foreign nationals were coming to work in their jurisdiction. The Committee learnt that the only time the local Permits Committee was consulted, was when there were doubts about certain applicants. The Committee learnt further that sometimes, the recommendations from the local ‘Permits Committee’ were ignored by Head office, which had . resulted in work permits being issued to foreigners to do jobs for which local expertise was available. This was in violation of the Zambianisation policy and one of the fundamental policies and principles of the Department of Immigration which states that, “An immigrant should not deprive a citizen of Zambia employment.” It was the view of the stakeholders that in order to secure jobs for Zambians, the issuance of work permits should be decentralised. The Committee was informed that during the expansion project of the Zambia Sugar Plc in Mazabuka, the Mazabuka immigration office was allowed to issue temporary work permits. Stakeholders, therefore, contended that if it was possible to do that for Mazabuka, whose industrial activity could not equal that of the Copperbelt, where numerous mines were operating and consequently needing more labour, it should be possible and prudent to do the same for the Copperbelt.

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Inadequate and Erratic Funding The Committee learnt that the region had only received K36, 000.000 as operational funding in the last three months for the entire province. This had made it difficult for the Department to mount border patrols and carry out inspection visits to industries and other work places to ascertain the levels of compliance to the conditions of the work permits. Low Staffing Levels The Committee was informed that ideally, the region required 200 uniformed and forty non-uniformed personnel. Currently, however, the staff strength stood at 117 uniformed and twelve non-uniformed officers. Considering the vastness of the border and the business activities on the Copperbelt, the staff compliment was inadequate. Inadequate Transport The Committee was informed that there were only two motor vehicles at the regional office, which had resulted in officers sometimes using their own vehicles in the execution of duty, which was against the norm. The situation was even worse in the districts where there were no motor vehicles. Kasumbalesa, the busiest border post on the Copperbelt, for instance, only had one motor vehicle. Porous Borders The Committee learnt that the boundary with the Democratic Republic of Congo had four border controls. However, unlike the southern borders which had natural boundaries, there were none on the northern boundary. This had contributed to the porosity of the border which in turn had resulted in huge revenue losses. The Committee learnt that the Department had collected a total of K60, 159,584,026.00 in 2018 and K11, 898,947.00 between January and March, 2019 and that much more could be collected if the boundary was secured with a fence and frequent patrols, were mounted. The Committee discovered that Kasumbalesa was one of the busiest but also most notorious border post on the Copperbelt. The Border Control issued two types of visas, namely; single and double entry visas at a cost of US$50 and US$ 80 respectively. The Committee learnt further, that between January and April, Kasumbalesa Control had recorded a total of 24,455 entrants and 31,673 exits and that on average, 2,000 Congolese nationals entered Zambia using this border. With regard to revenue collection, the Committee was informed that on average, Kasumbalesa Border Post collected US$210,023 and K100, 317.00. This meant that if all immigrants used the designated entry point, much more revenue could be collected. The station was connected to immigration headquarters and other stations via the ZIMS network but had only one running motor vehicle. Encroachment of the No-man’s Land The Committee discovered that there was serious encroachment on the no-man’s-land on the Zambian side at Kasumbalesa border. A settlement known as ‘Bilanga’ had developed, where Zambians had built huge warehouses, which were being rented out to the Congolese traders. This illegal settlement had surrounded the ZRA and Immigration camps completely, thereby posing a security threat to the law enforcement officers living in these quarters. The Committee learnt that the Government was aware of the matter, as Government officials had been there but

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nothing had been done to rectify the situation. The Committee was further informed that the Congolese authorities had lodged a complaint with the United Nations and that Zambia might be sanctioned for violating the law on international boundaries. The Committee found trucks loaded with cement and other merchandise and very brisk illegal trade taking place in full view of the police officers, who were in gum boots instead of the prescribed military boots. The Committee noted that whereas there was a fence on the Congolese side, there was none on the Zambian side. The Committee was of the view that Kasumbalesa had the potential to boost the Zambian economy if trade was conducted within the confines of the law. Sadly, there was so much lawlessness and illegal trade that although there was a designated market, people, especially Congolese, were trading anywhere. The Committee was informed that human trafficking was also quite rife through the notorious ‘Bilanga.’ Lack of Patriotism from Zambians The Committee was informed that the job of the Immigration officials and the PJOC was made difficult by lack of patriotism on the part of Zambians, including some uniformed security personnel, who were not only in the habit of alerting illegal immigrants of an impending operation but were also accomplices in the commission of crimes like smuggling. However, some stakeholders were of the view that patriotism on the part of Zambians had waned because law enforcement agencies never acted on the information provided by the citizens with regard to illegal immigrants and trade. Difficulty in Accessing Mines Plant Areas The Committee was informed that it was not easy for the immigration officials and the labour commissioners to conduct inspections in the mine precincts. The reluctance by mining houses to allow inspections was an indication that some illegalities connected to work permits were taking place there. Closure of Tshinsenda Border Post The Committee was informed that the closure of Tshinsenda border post due to insufficient infrastructure had created a lot of pressure on Kasumbalesa Border Post. The stakeholders were of the view that in order to decongest Kasumbalesa, the Tshinsenda Border Post should be refurbished and reopened.

2. North-Western Province

The Committee was informed that North-western Province shared a long border with the DRC and that the Department of Immigration had border control posts at Kipushi in Mushindamo District, Muweji and Jimbe in Ikelengi District, Kambimba and Kamapanda in Mwinilunga District and Chingi in Chavuma District. The region also had inland control points in Solwezi Regional Office, Mwinilunga, Kabompo, Kasempa and Zambezi Districts. The Committee learnt that the region was quite well staffed. Whereas the establishment provided for sixty nine, there were sixty-five officers. Issuance of Permits The permits listed below, were issued by the Department in the region.

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i. Temporary employment permits ii. Temporary permits

iii. Visiting permits iv. Study permits

Challenges The Committee learnt that the region faced challenges as outlined hereunder.

Inadequate and Erratic Funding The Committee was informed that one of the most outstanding challenges in the region was erratic and inadequate funding. The Committee leant that in the last four months, the Department had received only K20, 000.00 operational funding, meant for the whole region. This had negatively affected operations. Porous Borders Vs Inadequate Transport and Poor Roads The Committee was informed that like the Copperbelt, Northwestern Province had a very long border with the DRC on one hand and Angola on the other. However, none of these border controls had natural boundaries. This had rendered the borders very porous. The situation had been compounded by inadequate transport and the poor state of the roads. The Committee was informed that a distance of say seventy kilometres to Kipushi, for instance, would take about five hours of driving. This had resulted in revenue losses as immigrants entered using undesignated entry points. The Committee learnt that during the year ended 31st December, 2018, the region collected a sum of K11, 618.047.00 and that more could be collected if the boundaries were secured. Lack of Police Presence at Border Posts The Committee was informed that there was no police presence at most of the border posts, in North-Western Province. which posed a serious security risk to the officers, especially that they were handling substantial amounts of money from entry fees. Kipushi Border post for instance, collected up to US$20,000.00 but did not even have a vehicle to use for banking. Lack of Connectivity with Outlying Posts The Committee learnt although the regional office was connected to Head office via ZIMS, this had not yet been extended to outlying areas that needed it even more. This, coupled with the bad state of roads and lack of transport had made it difficult to manage the movement of people. Centralisation of the Issuance of Visas and Work Permits The Committee was informed that it was difficult for the Department to ensure that only foreign nationals with skills which were not available locally were issued with work permits because the local Permits Committee and the PJOC, who were on the ground and privy to the skills available locally, were not involved in the approval process. The stakeholders contended that it would be preferable that when applications were received by head office, online or otherwise, the PJOC, the DJOC and the local chamber of commerce and industry, should be consulted to ascertain whether the skills being presented by foreign nationals were not available locally, to ensure that foreigners did not deprive Zambians of employment opportunities. Difficulty in Accessing Mine Plant Areas

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The stakeholders informed the Committee that although there was a slight improvement of late, it had not been easy for the law enforcement agencies conduct inspections in the mine plant areas to ensure compliance with the conditions of the work permits. The reluctance by mine owners to allow inspections, was indicative that something unlawful was taking place there.

Morale among Department of Immigration Staff

The Committee discovered that the harmonisation of salaries and conditions of service among the security agencies, which started in 2011, had not been extended to the Department of Immigration. This had resulted in the Director General of Immigration remaining at the level of deputy commissioner of police and between a director and assistant director in the general administrative scale. This had generally affected the morale of the officers. 7.1.2.11 COMMITTEE’S OBSERVATIONS AND RECOMMENDATIONS

Arising from the submissions during the long meetings and findings from the local tour and stakeholder meetings, the Committee makes observations and recommendations set out below.

i. Inadequate Staffing Levels The Committee is concerned that since the Department of Immigration was created in 1965, the establishment of the Immigration Department has not been revised to bring it in line with the new demands emanating from population growth, increased mobility of foreign nationals and the creation of new districts. This has resulted in the shortage of staff to manage the additional offices and unsatisfactory service delivery. In this regard, the Committee strongly recommends that the Government considers revising the establishment of the Department of Immigration to bring it in consonance with the current demands.

ii. Inadequate and Erratic Funding The Committee notes with regret that the Department of Immigration suffers from inadequate and erratic funding, which has resulted in a very slow pace of rolling out the Zambia Immigration Management System (ZIMS). For example, so far, the system is only operational at twenty-two out of the ninety-nine stations countrywide. More importantly, irregular and untimely funding has also led to failure by the Department to conduct follow-ups on integrated enforcement processes and procedures.

The Committee, therefore, urges the Government to take urgent measures to increase funding to the Department and ensure that it is released in a timely manner for effective service delivery. iii. Management Information Systems

The Committee observes that there are no effective management information systems among the implementing agencies. In particular, key ministries and agencies involved in the issuance and monitoring of adherence to the conditions of the employment permits and visas do not have a platform for information sharing. This has resulted in fragmented enforcement efforts and consequently failure to achieve expected outcomes.

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The Committee, therefore, recommends that in order to enhance collaboration and coordinated enforcement mechanisms in relation to employment permits and visas, the Government should ensure that implementing agencies are equipped with an integrated information management system for effective service delivery. To be specific, a common data portal into which all law enforcement institutions may input and tap into for information, should be established under the Ministry of Home Affairs. iv. Updated Skills Inventory and Labour Audits

The Committee notes a serious lack of an updated skills inventory and labour audits to ascertain the number of Zambians and expatriates employed in the country for a specified period of time. There is also no capacity to ascertain the availability or lack of skills in the Zambian economy as a result of weak collaboration between the Immigration Permits Committee and professional bodies to verify the applicant’s competence and skills before the employment permit is issued.

In this regard, the Committee urges the Government to ensure that the Department of Immigration, working with the Ministry of Labour and Social Security and other relevant institutions such as professional bodies should put in place and maintain an inventory of skills in the country in order to facilitate verification of the availability or otherwise of skills presented by foreigners before issuing them with employment permits. Regular labour audits should also be conducted in order to develop a data base of Zambians and expatriates employed in the country in a specified field at any given time.

v. The Qualifications Authority of Zambia not a Member of the Permits Committee The Committee notes that the Qualifications Authority of Zambia is not a member of the Permits Committee and consequently is not involved in the issuance of employment permits. This has made it difficult for the Committee to ascertain the genuineness and classification of the skills presented by foreigners before issuing them with employment permits.

The Committee, in this vein, recommends that the Zambia Qualifications Authority should be included in the Immigration Permits Committee. vi. Records Management

The Committee is concerned that the problem of missing files is a common occurrence at the Department of Immigration, which does not only prolong the processing of visas and employment permits but also makes it more costly.

In this regard, the Committee strongly urges the Immigration Department to take measures to improve in this area as a matter of urgency. Further, the Zambia Immigration Management System (ZIMS), which is currently operational at only twenty-two out of the ninety-nine stations should be rolled countrywide so as to improve records management. vii. Engagement of Immigration Consultants The Committee is in agreement with some stakeholders who contended that whereas the Department’s insistence on the use of immigration consultants in preference to human resource officers might appear to enhance professionalism and create jobs, it has the negative consequence of increasing costs for institutions and individuals seeking employment permits.

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The Committee is cognisant that whereas individuals might need the services of agents and consultants, companies that have human resource officers or managers, should be allowed to handle these matters through these officers in order to reduce the cost of doing business.

The Committee, in this vein, recommends that the Department of Immigration should accept representation of companies by human resource officers of companies, in the processing of employment permits and visas. viii. Processing Time for Employment Permits and Visas The Committee notes concerns by stakeholders that the Department of Immigration does not adhere to the time frame within which it has undertaken to process employment permits and visas.

The Committee, therefore, strongly recommends that the Department should take steps to adhere to the stipulated period of fourteen days in order to avoid inconveniences.

ix. Update of Website The Committee is concerned that there is an apparent discrepancy between the specific requirements for different types of visa and employment permits posted on the website and those found in the hard copy of Department of Immigration Guide on Immigration Permits and Visa. This has resulted in individuals relying on the online tracking system having to be sent back to provide missing requirements.

The Committee, therefore, recommends that the requirements on the website should be updated to avoid unnecessary confusion and inconvenience.

x. Absence of the Zambianisation Committee The Committee notes that there is no mechanism to ensure adherence to the two year period within which a Zambian is meant to understudy an expatriate for eventual takeover of the position. In some cases the understudy was transferred and sometimes fired in order to justify the stay of the expatriate in a particular position in perpetuity.

The Committee, in this regard, urges the Department of Immigration, working with the Ministry of Labour and Social Security to develop monitoring mechanisms to ensure that Zambianisation through the understudy of expatriates takes root and erring companies should face legal sanctions. In the same vein, the Committee calls for the revamping of the Zambianisation Committees at places of work, without further delay.

xi. Decentralisation of the Issuance of Visas and Work Permits While commending the Government for introducing the ZIMS Version 3.0 platform which has provided for online visa application, the Committee notes the negative consequences of reducing scrutiny by the local PJOCs and DJOCs, who understand the situation on the ground. This has resulted in work permits being issued to foreign nationals with skills that are available locally, thereby defeating the principle that “a foreigner should not deprive a citizen of employment.”

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The Committee, therefore, agrees with the stakeholders who contended that the scrutiny of visa and temporary employment permit applications should be decentralised to provinces and districts to enable the institutions that are in touch with the realities on the ground to input into the process. The local Chambers of Commerce and Industry, in liaison with the Ministry of Labour and Social Security have a record of which skills are available in various fields and are, therefore, better placed to advise on whether or not foreign expertise is required in a particular field. The Committee further recommends that what was done in Mazabuka should be replicated especially on the Copperbelt and Northwestern Provinces, where the requirement for various skills could be used as a scapegoat for employing foreign nationals at the expense of Zambians.

xii. Compliance with the Zambian Labour Law and Resistance to Inspections The Committee expresses grave concern over the blatant abrogation of labour laws by some foreign Investors, with regard to the number of foreign workers they can employ, in spite of law having given guidelines and their resistance to inspections. The Committee, in this regard, strongly recommends that the implementing institutions should apply the law firmly and fairly in order to protect the local labour market and ensure that those that resist inspections face the law. xiii. Report Order The Committee notes that the administration of the Report Order, which requires that an applicant whose application to extend the employment permit has been delayed, should report to the Department of Immigration in Lusaka, on a weekly or monthly basis, has resulted in delayed works and increased costs on some projects. The Committee, therefore, recommends that an applicant whose application for the extension of the employment permit delays should report to the Department of Immigration at the Province and/or District instead of travelling to Lusaka until the permit is renewed. xiv. Porousness of Borders vis-à-vis Inadequate Transport and Poor Roads The Committee observes that most of the borders on the Copperbelt and Northwestern Provinces do not have natural boundaries as is the case with the south of the country, thereby rendering them very porous. The situation has been compounded by inadequate transport and the poor road network leading to the posts. In this regard, the Committee recommends that active areas along the border, should be fenced for at least for ten kilometres on either side of the post. The Government should also grade the roads and provide motor vehicles. Each station should have at least two reliable motor vehicles. xv. Encroachment of the No-man’s Land (Kasumbalesa) The Committee notes that the encroachment on the no-man’s land at Kasumbalesa border is not just a violation of international law and a recipe for conflict with neighboring DRC, but also a recipe for criminality and a threat to national security. The Committee, therefore, strongly recommends that in order to be in tandem with international law on boundaries and curb criminality, the structures that have been constructed on the no-man’s land at Kasumbalesa should be demolished as a matter of urgency.

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xvi. Absence of Beacons to Mark the Boundary The Committee notes, with concern, the absence of beacons to mark the Zambia-DRC boundary at Kasumbalesa, is a recipe for lawlessness and possible conflict. Currently there was only one beacon is sight. In this regard, the Committee recommends that the Zambian Government should engage their Congolese counterparts in order to mark the boundary and erect beacons.

xvii. Lack of Police Presence at Border Posts The Committee notes with gross concern, the lack of police presence at some border posts, which even collect money. Surprisingly, both the Department of Immigration and the Police Service fall under the Ministry of Home Affairs. The Committee, therefore, wonders what the difficulty is in dispatching both to a particular post, particularly on the borders where the situation can turn hostile at any moment. In this regard, the Committee strongly recommends that all border control posts should have police presence to enhance security both for the personnel and the revenue collected.

xviii. Morale among Department of Immigration Staff

The Committee observes that the harmonisation of salaries and conditions of service among the security agencies, which started in 2011, has not been extended to the Department of Immigration. This has resulted in the Director General of Immigration remaining at the level of deputy commissioner of police and between a director and assistant director in the general administrative scale. This has generally affected the morale of the officers. The Committee, therefore, recommends that the reforms among the security agencies should be extended to the Department of Immigration with a view to bringing it in tandem with other security institutions.

7.2 TOPIC TWO: AN UPDATE ON THE STATE OF INFRASTRUCTURE IN MISSIONS ABROAD VIS-À-VIS THE IMPLEMENTATION OF THE MORTGAGE FINANCING STRATEGY

7.2.1 Background/Rationale

In a bid to cut down on the colossal sums of money being spent on rented property for Zambia’s Missions Abroad, the Ministry of Foreign Affairs with the approval of Cabinet adopted a Mortgage Financing Strategy in 2016. This Strategy was also intended to enable the Zambian Government to undertake the much needed refurbishment works on some of the existing properties in the Missions, which were in a serious state of disrepair. This facility would allow the Ministry of Foreign Affairs to outrightly purchase property and/or develop its own. The Strategy was to be implemented in phases, with Phase One targeting six missions, namely: Accra, Lisbon, Riyadh, Pretoria, Canberra and Nairobi. In this regard the objectives of the study were to ascertain:

i. the extent to which the Strategy had been implemented;

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ii. the results of the implementation of the Strategy; iii. what challenges had been faced in the process of implementing the Strategy; and iv. suggestions for the way forward.

Witnesses The witnesses listed below made submissions to the Committee on this matter.

i. Ministry of Foreign Affairs ii. Ministry of Finance

iii. Ministry of Housing and Infrastructure Development iv. Ministry of Works and Supply v. Pensions and Insurance Authority

vi. National Housing Authority vii. Zambia State Insurance Corporation Life limited

7.2.2 SUMMARY OF SUBMISSIONS FROM STAKEHOLDERS

Presented below, is a summary of the submissions received by the Committee from stakeholders.

7.2.2.1 State of Infrastructure in Missions Abroad The Committee was informed that the Government owned hundreds of properties, spread across its Missions Abroad, which were classified as either Chancery (diplomatic offices), Residence (accommodation for Heads of Mission) and staff housing.

With regard to the state of infrastructure in the Missions Abroad, the Committee learnt that it ranged from deplorable to habitable. However, most of the property was in a dilapidated and inhabitable state because of lack of maintenance. Most properties had not undergone major rehabilitation works from the time they were bought or awarded gratis (free) after Zambia gained independence in 1964. This had necessitated that major works, involving structural attention should be undertaken. In some cases, buildings had begun to slant or show deep cracks, which was indicative of structural problems pointing to a weakening foundation of the building. The Committee was informed that the Ministry of Foreign Affairs had made some efforts in maintaining these properties through rehabilitation works. This was evident in Missions such as Brussels, New York, Lubumbashi and Addis Ababa, where rehabilitation works had been undertaken and were ongoing. However, much more still needed to be done. 7.2.2.2 The Legal and Institutional Framework Governing the Mortgage Financing

Strategy The Committee leant that the Mortgage Financing Strategy (MFS) was anchored on the Loans and Guarantees Act, Chapter 366 of the Laws of Zambia and the Minister of Finance Incorporation Act, Chapter 349 of the Laws of Zambia. Considering that the Ministry of Finance was responsible for all Government debt, the Ministry of Foreign Affairs was always in consultation with Ministry of Finance in the contraction and management of mortgages.

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The Committee was informed that the strategy was flagged off by Cabinet approval in 2015 and was operationalised by an inter-ministerial committee constituted by the Secretary to the Cabinet the same year. This Committee was chaired by the Permanent Secretary responsible for administration in the Ministry of Foreign Affairs. It comprised senior members of staff at the Ministry, an official from Cabinet Office – Administration and representation from the following line ministries:

a. Ministry of Justice; b. Ministry of Finance; c. Ministry of Works and Supply; d. Ministry of Housing and Infrastructure Development; and e. Ministry of Lands and Natural Resources.

The Committee was further informed that in order to implement the Mortgage Financing Strategy, an implementation manual was drafted by the Committee. The manual contained guiding principles, terms of reference of the committee members, a road map and the steps to follow in situations where the Government would be constructing, purchasing, rehabilitating or disposing of properties in its Missions Abroad.

7.2.2.3 The Extent of the Implementation of the Mortgage Financing Strategy and the Results thereof

The Committee learnt that at outset of the Inter-Ministerial Committee identified the need to collect certain information. In this regard, a survey was undertaken in 2016 to ascertain the following:

i. the number of properties that the Government owned and rented; ii. the Missions in countries that could offer mortgage facilities to the Missions;

iii. Missions with land and access to land for possible construction of properties; and iv. general state of Zambian Government property in each mission.

Having obtained the requisite information, the Technical Committee began negotiations for a mortgage facility in 2016, with the United Bank of Africa (UBA). Missions in Accra, Lisbon, Riyadh, Pretoria, Canberra and Nairobi were shortlisted as possible beneficiaries of the outright purchase, rehabilitation or construction of properties. Site visits to these Missions were undertaken but access to the mortgage proved unsuccessful after analysis of the Term Sheet from that Bank by the Ministry of Finance. In further attempts to implement the Strategy, the Ministry engaged Atlas Mara Bank and successfully obtained a mortgage of US$20m and the nine Missions listed hereunder, were identified as beneficiaries for that funding:

i. Addis Ababa - construction of Chancery; ii. Brussels - rehabilitation of Chancery;

iii. Geneva - purchase of Chancery; iv. Harare - rehabilitation of Residence, Chancery and staff housing;

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v. Lisbon – rehabilitation of former residence; vi. New Delhi-purchase of Chancery;

vii. New York- rehabilitation of Chancery and Residence; viii. Washington DC – rehabilitation of Chancery; and

ix. Windhoek- rehabilitation of Residence, Chancery and staff housing.

The aforementioned Missions were selected using the following criteria:

i. outstanding balances to complete already ongoing rehabilitation works; ii. high rental costs in the host country;

iii. tthreat of repossession of land by local authorities due to nonuse over a long period of time;

iv. outstanding parliamentary assurances: and v. deplorable and inhabitable state of property in strategic Missions.

7.2.2.4 Challenges and Opportunities for Improved Performance The process of implementing the Strategy encountered several challenges such as the ones listed below.

i. Erratic and inadequate funding. It had been unattractive for lending institutions in host countries to extend credit facilities to Missions Abroad, arising from the diplomatic immunity conferred on Missions, which provided that no property of the Mission could be seized in the event that the Mission failed to service the loan.

ii. Delayed action on various issues by relevant ministries, which resulted in the approval processes for the drawings and Bill of Quantities taking so long that by the time that these were done, a lot of factors, including the exchange rate, would have changed on the ground, thereby distorting the estimates. In certain instances, money was disbursed before the procurement process was complete, adding to losses due to bank charges.

iii. Steep and unfavourable mortgage terms by financial providers which were not in line with the Government’s drive for prudent fiscal management in light of growing economic constraints and pressing development needs.

iv. Varying property management, purchasing, disposal and construction regulations from Mission to Mission and in relation to GRZ regulations.

v. Bureaucracy and other procedures tended to delay implementation of proposals for purchase and sale of property. As was the case with many Government procurement procedures it was difficult to work at the speed required in the real estate market resulting in losing certain properties to other competitors.

vi. There was an overlap and/or duplication of roles between the ministries of Housing and Infrastructure Development on one hand and Works and Supply on the other, in the management of infrastructure in Missions Abroad, which had resulted in delays and escalated cots. Whereas new constructions were the responsibility of the Ministry of Housing and Infrastructure Development and maintenance works by the Ministry of Works and Supply, joint assessments were in certain instances required and the synchronisation of the findings and recommendations took some time.

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7.2.2.5 Opportunities The following were presented as some of the benefits and opportunities that would arise out of the successful implementation of the Mortgage Financing Strategy:

i. ownership of properties by the Zambian Government would relieve the strain on the Treasury regarding rentals for office and staff accommodation; and

ii. ownership of excess property would be an opportunity to the Government to lease out property and the proceeds of the leases could be used for other developmental projects. It would also create opportunity for the Missions Abroad to be self-sustaining as they could, with appropriate authority, use the proceeds for approved Mission activities.

7.2.2.6 Way Forward As a way forward, the Committee was informed that the Ministry would continue to implement the Strategy in a phased manner by attending to the unique needs of the Missions Abroad, case by case. The Ministry would use the following criteria in prioritising Missions as beneficiaries for mortgage financing:

i. long established Missions which had no Government property at all in their host countries;

ii. Missions renting property but with land available for construction: and iii. Missions with inhabitable property.

7.2.2.7 COMMITTEE’S OBSERVATIONS AND RECOMMENDATIONS Having considered submissions received from stakeholders, the Committee makes observations and recommendations outlined below.

i. Duplication of Roles The Committee observes that there is an overlap and duplication of roles between the ministries of Housing and Infrastructure Development on one hand and Works and Supply on the other, in the management of infrastructure in Missions Abroad. This has resulted in delays and escalated costs. This usually happens when joint assessments of the properties are undertaken and synchronisation of the findings and recommendations takes time. The Committee, therefore, urges the Government to take urgent steps to ensure that the roles of the two Ministries in the mortgage financing and the general management of infrastructure in Zambian Missions Abroad are streamlined to avoid duplicity and enhance efficiency and effectiveness.

ii. Drawings and Bill of Quantities The Committee is concerned that the approval processes for the drawings and Bill of Quantities takes so long that by the time these were done, a lot of variables would have changed on the ground, thereby distorting the estimates. In some cases, funds were disbursed to the Missions

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before procurement processes were completed. This entailed that the funds were kept in the Missions’ bank accounts for long periods of time, leading to losses due to bank charges. The Committee, in this regard, recommends that the Government should ensure that the disbursement of funds to Missions is only done after the approval and completion of all procurement procedures. iii. Losses due to Exchange Fluctuations

The Committee notes with concern that huge losses, to the tune of US$ 3,411,032.76 were incurred under the mortgage facility obtained from Atlas Mara Bank through exchange fluctuations because the funds were disbursed in kwacha. The Committee is concerned that this happened even though the Government officials involved in obtaining the mortgage were aware that this money was meant for Missions Abroad, where foreign currency was required. The Committee recommends that in future, money obtained under the mortgage financing facility should be designated in foreign currency in order to forestall losses via fluctuating foreign exchange rates. The Committee further recommends that the officers who were involved in this transaction should face disciplinary action. iv. Diplomatic Immunity

The Committee notes, with concern, that the diplomatic immunity enjoyed by Missions Abroad makes them unattractive for lending institutions in the countries of their operation to extend credit facilities to them for fear that they would not be able to enforce their contractual rights in the event that the Missions failed to service the mortgage. This could be a hindrance to the success of the Mortgage Financing Strategy that the Government has embarked upon. In this regard, the Committee recommends that the Government should create a corporate entity, possibly under the Industrial Development Corporation, (IDC) to handle the mortgage financing on general business terms in order for the strategy to succeed. The Company created under IDC will not enjoy the immunity under the Vienna Convention of 1961, making it easy for it to access financing from the market competitively. 7.3 TOPIC THREE: AN UPDATE ON THE SHIFT FROM POLITICAL TO

ECONOMIC DIPLOMACY: THE CASE OF CHINA 7.3.1 Background/Rationale China had become a strategic economic development partner for Zambia. This point was emphasised by the President of the Republic of Zambia who, in his address to the House during the official opening of the Third Session of the Twelfth National Assembly, indicated that as an independent state, Zambia created and kept relationships in the international community of nations which were based on mutual bilateral and multilateral considerations informed by common goals of improving the lives of the Zambian people. The President singled out China as one such country with which Zambia was entrenching its relationship. He emphasised that all forms of bilateral cooperation with China were and would always be informed by the Government’s desire and determination to uplift the plight the Zambian people. This was within

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the general framework of the shift from political to economic diplomacy embarked upon by the Zambian Government through its Missions Abroad.

In light of the above, the objectives of the inquiry were to assess:

i. the extent to which the Zambian Mission in Beijing was positioning itself to implement the shift from political to economic diplomacy to ensure that Zambia derived maximum benefit from its relations with China;

ii. the challenges, if any, that were being encountered in the implementation of the paradigm shift from political to economic diplomacy;

iii. what lessons had been learnt for possible application to other Missions Abroad; and iv. the way forward in the implementation of the shift.

Witness The Committee received a submission from the Ministry of Foreign Affairs on this topical issue. 7.3.2 SUMMARY OF SUBMISSIONS BY THE MINISTRY OF FOREIGN AFFAIRS A summary of the submissions by the Ministry of Foreign Affairs is presented below.

The Committee was informed that under the Seventh National Development Plan, the Government had committed to identifying and utilising strategic Zambian Missions Abroad as the front line for advancing economic diplomacy. This would be supported by ensuring that Zambia maintained presence in countries of strategic trade and investment importance for the country. With regard to how the Zambian Mission in Beijing was responding to and handling the Zambia-China economic cooperation as it implemented the shift from political to economic diplomacy, the Ministry of Foreign Affairs informed the Committee that the strategies presented below were being employed.

i. Trade and Investment Enquiries The Mission provided information and guidance on trade and investment opportunities available in Zambia to prospecting investors who were made enquiries.

ii. Trade and Investment Road Shows and Fair The Mission took a proactive role in sensitising the Chinese business community by conducting trade and investment road shows in strategic regions of China. Further, the Mission actively participated at various trade and investment fairs aimed at promoting Zambia’s trade and investment interests.

iii. Reciprocal Trade and Investment (Business) Delegations Trade and investment delegations from China and vice-versa usually visited to explore trade and investment opportunities. These led to the establishment of strong business links and meaningful partnerships between Zambian and Chinese private sectors. The Zambian Mission in Beijing, working in collaboration with the Zambia Development Agency, the Zambia Tourism Agency and the Zambia Chamber of Commerce and Industry and counterpart institutions in China had played a significant role in facilitating business delegations.

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iv. Forum on China-Africa Cooperation (FOCAC) The Zambian Mission in Beijing facilitated Zambia’s participation in the FOCAC Summit which took place in Beijing, China from 3rd to 4thSeptember, 2018. The Committee learnt that FOCAC was a general framework of cooperation between China and African countries, Zambia included. Zambia had benefited through several infrastructure and capacity building projects implemented under the FOCAC framework. These included road network development, energy and agriculture projects, airport modernisation and construction and communication facilities. The support under FOCAC was usually rendered through economic and technical cooperation grants, concessional and long-term financing loans. The Committee was informed, further, that the 2019 – 2021 FOCAC Action Plan covered eight focus areas of cooperation between China and Africa. The eight initiatives would be on the basis of the ten cooperation plans adopted at the previous FOCAC meeting, held in 2015 in Johannesburg, South Africa. The eight initiatives included:

i. industrial promotion; ii. infrastructure connectivity; iii. trade facilitation; iv. green development; v. capacity building; vi. healthcare; vii. People to people exchange; and viii. peace and security.

The Committee learnt that to guarantee the implementation of these eight initiatives, China would extend US$60 billion in financing to Africa in the form of government assistance, as well as investment and financing by financial institutions and companies.

v. Capacity Building Programmes The Committee was informed that Zambians received support in form of long and short-term scholarships to study in China for training in various disciplines.

vi. Twinning Programme and Zambia Week The Zambian Mission in Beijing and the Sichuan Provincial Government recently organised a week-long series of exhibitions and business fora in Sichuan Province of China from 28th July to 3rd August, 2017. These exhibitions included, among others things, trade, investment and tourism promotion activities, the launch of the twinning programme between Zambian and Chinese regions, display of Zambian cultural dances, art exhibitions, fashion shows and Zambian handicrafts.

vii. Zambia-China Cultural Year The Committee was informed that the Mission would facilitate Zambia’s participation in the Zambia–China Cultural Year. This followed the bilateral discussions between the Heads of State of the two countries. The Year 2019 was proclaimed as Zambia-China Cultural Year. The objective of this proclamation was to elevate existing cultural

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relations and cooperation between the two countries to a higher level, which would enhance the promotion of tourism development, among other areas. Within this framework, the two sides would also agree on the need to expedite the process of finalising the Cultural Agreement and call for more substance to be added to the framework so as to widen the scope of cooperation. For example, the Tazara Railway line had become part of Zambia’s cultural heritage highlighting her relations with China. The Chinese Ministry of Culture had also pledged to give all the necessary support to ensure the success of the Zambia-Cultural Year.

Challenges The Committee was informed that transition from political to economic diplomacy at the Mission in Beijing, was beset by some challenges. These included the following:

i. Inadequate and late release of funding. There was inadequate funding for the financing of programmes and promotional activities. Further, the funding was not released timely.

ii. Inadequate staff The current staffing levels were too low to effectively implement the shift from political to economic diplomacy, which required involvement in various promotional programmes.

iii. Language Barrier and Cultural Shocks

Most staff at the Mission were not conversant with the Chine language and culture. This had made it difficult for them to effectively articulate policies and programmes.

7.3.3 COMMITTEE’S OBSERVATIONS AND RECOMMENDATIONS In order to enhance operations at the Mission in Beijing, particularly with regard to the enhancement of the shift from political to economic diplomacy, the Committee makes observations and recommendations set out below.

i. Zambia has a long-standing relationship with China based largely on political and ideological similarities between the two countries. In recent times, however, China has become an important player on the world economic stage, hence the need for Zambia to shift its efforts to a greater concentration on economic rather than political relations with China. . However, funding to the Beijing Mission is inadequate and sometimes released late. This negatively impacts on the ability for the Mission to carry out promotional programmes.

The Committee, therefore, strongly recommends that the Government should increase funding to the Mission and release it timely so as to facilitate the implementation of the shift.

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ii. Staffing levels at the Mission are not commensurate to the tasks at hand in light of the shift from political to economic diplomacy.

The Committee, in this vein, strongly recommends that the Government increases the staffing levels at the Mission, taking into account the competences required to facilitate the paradigm shift.

iii. There exists a language and cultural barrier, which hampers effective communication and consequently negatively affects the implementation of promotional programmes.

The Committee, in this regard, recommends that the Government intensifies orientation and training in the Chinese language and culture for staff at the Mission in Beijing.

PART TWO 7.4 CONSIDERATION OF OUTSTANDING ISSUES FROM THE ACTION TAKEN

REPORT FOR THE SECOND SESSION OF THE TWELFTH NATIONAL ASSEMBLY.

7.4.1 The Operations and Management of Institutions under the Ministries of

Defence and Foreign Affairs: The Zambia Army; the Zambia Air Force; Zambia National Service and Selected Missions Abroad.

Committee’s Observations and Recommendations

i) In the previous Session, the Committee had observed with concern that the Defence Forces were operating below the approved establishment levels due to non-recruitment over a long period of time.

Executive’s Response The Committee was informed in the Action-Taken Report that the three Defence Force wings had not recruited for the past five years. This was due to inadequate financial resources. However, the Ministry of Defence had continued to engage the Ministry of Finance on the issue. Committee’s Observations and Recommendations The Committee notes the response and awaits an update on the matter when the funding situation improves. Inadequate and Erratic Funding

ii) In the previous Session, the Committee observed with serious concern that the funding to the defence forces is not only erratic but also inadequate. As a result, the defence forces have been unable to procure modern equipment and amour. The Committee, therefore, had recommended that aside from the usual allocation to the Ministry of Defence, the Government should dedicate a specified percentage of the national budget to recruitment and modernisation of the defence forces.

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Executive’s Response The Committee was informed that the Government, through the Ministry of Finance, had been informed about this development and would in due course be given budget estimates for the required recruitment.

Committee’s Observations and Recommendations The Committee requests for a time frame when this recommendation will be implemented. Inadequate Infrastructure and Equipment in newly established Provincial Capitals

iii) The previous Committee had noted that there was a lack of infrastructure and equipment, particularly for the Zambia Army, in newly established provincial capitals to support operations. The Committee, had therefore, recommended that the Government should embark on a vigorous infrastructure development programme and provision of equipment, particularly for the defence forces in newly established provincial headquarters.

Executive’s Response The Committee was informed in the Action-Taken Report that the construction of regional offices and 7ZR in Choma, Southern Province was being undertaken by Sinomine Resource Exploration Corporation and the contractor was in the process of mobilisation. The Committee was informed further that in Muchinga Province, the construction of 8ZR barracks was being undertaken by Anhui Shuian Corporation. However, the financing agreement between the Ministry of Finance and the Industrial Commercial Bank of China had not yet been signed. Committee’s Observations and Recommendations Considering that it is work in progress, the Committee requests for regular updates on the matter.

Encroachment on military land iv) In the previous Session, the Committee had expressed grave concern at the rampant

encroachment on military land, some of which was not even on title. The Committee, therefore, recommended that military cantonments which were not fenced be secured and title deeds obtained for those not on title.

Executive’s Response The Committee was informed in the Action-Taken Report that the Government through the Ministry of Defence, had started securing the cantonments by putting up a wall fence at Kalewa Barracks in Ndola and was also in the process of obtaining Title Deeds for the rest of the cantonments which were not on title. Committee’s Observations and Recommendations The Committee urges the Executive to expedite this matter and report progress.

Orientation of Permanent Secretaries v) In the previous Session, the Committee had noted that holders of the office of Permanent

Secretary at Ministry of Defence may not be conversant with military issues and were consequently unable to articulate the needs of the defence forces. The Committee, in this regard, recommended that Officers appointed as Permanent Secretary at Ministry of Defence,

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should undergo some orientation to enable them appreciate the needs and demands of the defence forces.

Executive’s Response The Committee was informed that the Government, through the Ministry of Defence, had taken note of the proposal by the Committee. Committee’s Observations and Recommendations The Committee requests for a timeframe within which the recommendation shall be implemented and update on the matter. The Ex-Servicemen’s League of Zambia vi) In the previous Session, the Committee expressed concern that the Ex-Servicemen’s League

of Zambia, which should be a repertoire of skill and experience for the defence forces, was not provided for in the Defence and only exists as a voluntary club. The Committee, had in this regard, recommended that the Defence Act should be amended to provide for the establishment of the Ex-Servicemen’s League of Zambia as a body corporate. This is in light of the fact that the Constitution of Zambia provides for the establishment of ‘other units as prescribed.’

Executive’s Response In the Action-Taken Report, the Committee was informed that the Government, through the Ministry of Defence, had taken note of the recommendation of the Committee as the review of the Defence and ZNS Acts was in progress. Committee’s Observations and Recommendations The Committee notes the response and awaits further update on the matter. Water and sanitation infrastructure in the barracks

vii) In the previous Session, the Committee had observed that water and sanitation infrastructure in the barracks had broken down completely, resulting in serious shortage of water and spillage of sewer waste. The water reservoir in Tug-Argan Barracks, for instance, was constantly leaking, resulting in serious loss of water. The Committee, had therefore, strongly recommended that the Government should create a special fund to address water and sanitation issues in military cantonments. A separate fund is recommended in order to avoid inflating the budget of the Ministry of Defence.

Executive’s Response The Committee was informed in the Action-Taken Report that the Government, through Ministry of Defence, would work with the Ministry of Finance to resolve the issue so that a special fund could be created, as recommended by the committee. Pertaining to the water reservoir in Tug-Argan Barracks, the Committee was advised that Sinomine Resource Exploration Corporation had been engaged to carry out a complete overhaul of the sewer and water system and that works would commence by March, 2019.

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Committee’s Observations and Recommendations The Committee notes the response and requests for a progress report on the two issues. Shortage of accommodation viii) In the previous Session, the Committee had noted that there was a critical shortage of

accommodation. The institutional houses, as well as the self built houses, were so dilapidated that they were not fit for human habitation. Houses which were originally meant to be single quarters were now occupied by families who shared toilets and shower rooms, thereby exerting pressure on the sanitation facilities and depriving the occupants of privacy. Further all houses in the barracks were roofed with asbestos, which had since been declared a health hazard by the World Health Organisation (WHO) and was, therefore, no longer manufactured. This had compounded the problem of maintenance. The Committee had recommended, therefore, that the Government should move quickly on the housing scheme for the defence forces and that the asbestos roofing sheets should be replaced with iron ones.

Executive’s Response In the Action-Taken Report, the Committee was informed that the Ministry of Housing and Infrastructure Development was formulating a national infrastructure development plan in which the Ministry of Defence was a beneficiary. Committee’s Observations and Recommendations The Committee notes the response and requests further regular updates on the matter. State of the messes and canteens

x) In the previous Session, the Committee had expressed concern at the state of the messes and canteens, particularly for non-commissioned officers, which were run down and were consequently not patronised. The Corporals’ Mess in Tug-Argan Barracks, for instance, was a health hazard. The Committee discovered that where messes were operational, it was as a result of members contributing their own resources. This had a negative effect on the morale of soldiers. The Committee, in this regard, had urged the Government to increase the mess grant to the barracks in keeping with the soldiers’ conditions of service and to release the grant in good time.

Executive’s Response The Committee was informed in the Action-Taken Report that the Government, under the Ministry of Defence, would liaise with the Ministry of Finance to increase the Mess Grants and that these be paid to Units yearly. Committee’s Observations and Recommendations The Committee requests for a progress report on the matter. State of Road Network xi) In the previous Session, the Committee observed that the road network, including the

physical fitness training circuits were in a state of disrepair, posing a serious hazard to trainees in particular and soldiers in general. The Committee, in this regard,

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recommended that the Link Zambia 8000, the C400 and L400 projects, which had been extended to the barracks be expedited.

Executive’s Response In the Action-Taken Report, the Committee was informed that the Government had noted the recommendation of the Committee and was currently in the process of varying various contracts under the Link Zambia 8000, the C400 and L400 projects to include the construction of roads in the Barracks. Road Development Agency (RDA) had done the assessment of the roads and physical fitness training circuits to be tarred in all military cantonments. It was envisaged that the variations would be concluded in the fourth quarter of 2018 and that works would commence thereafter, subject to availability of funds. Committee’s Observations and Recommendations The Committee requests for a progress report on the matter. Establishment of Military University xii) In the previous Session, the Committee had observed that although there were plans to

turn the Military Training Establishment of Zambia (MILTEZ) in Kabwe into a military university, most of the infrastructure at the facility such as sleeping quarters, kitchen, library and dining area, and equipment was run down due to inadequate funding. As a result, the Institution which for many years had trained officer cadets from around the SADC region could no longer do so. While the Committee lauded the Executive for the idea of turning MILTEZ into a military university, it had urged the Government to ensure that adequate funding was provided so that appropriate new infrastructure could be constructed and the maintenance and upgrade of existing structure to bring them to the level of a university was undertaken. Further, an elaborate staff development plan should be rolled out to ensure that staff shortages did not derail the plans.

Executive’s Response The Committee was, through the Action-Taken Report, informed that the Government has taken note of the observation and recommendation. Committee’s Observations and Recommendations The Committee requests a timeframe on the establishment of the University. State of the 1st Battalion Engineering Regiment xiii) The Committee noted that the 1st Battalion Engineering Regiment (Taung-Up Barracks) in

Mufulira was in dire need of funding for it to function as an engineering unit. The Committee, therefore, recommended that this Unit be re-capitalised expeditiously.

Executive’s Response The Committee was informed in the Action-Taken Report that the company which had been engaged to supply engineering equipment to the Unit had delayed the delivery and that the Government was contemplating terminating the contract and engaging other suppliers.

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Committee’s Observations and Recommendations The Committee awaits an update on the matter. Co-location of military regiments xiv) During the previous Session, the Committee had noted that Regiments such as the 25 Light

Air Defence Regiment and First Battalion Zambia Regiment on one hand and 17 Cavalry Regiment and 10 Medium Regiment on the other, were co-located in Tug-Argan and Kalewa Barracks respectively, though they perform different roles. This had compounded the water, sanitation and housing problems at these facilities. The Committee had, therefore, recommended that the Government should build separate barracks for each regiment.

Executive’s Response Through the Action-Taken Report, the Committee was informed that the Government had taken note of the recommendation. Committee’s Observations and Recommendations The Committee requests for a progress report, including the time frame for implementation of the recommendation. Relocation of the Rural Roads Unit xvi. In the previous Session, the Committee had observed that in spite of the Presidential

directive that the Rural Roads Unit (RRU) should move from the Ministry of Works and Supply to the Zambia National Service, the payroll of the RRU was still under the Ministry of Works and Supply, which had become a recipe for confusion and maladministration. The Committee, had therefore, recommended that this matter be resolved without further delay by ensuring that RRU in its entirety moved to the Zambia National Service.

Executive’s Response The Committee was informed through the Action-Taken Report that the Ministry of Defence was in consultation with Public Service Management Division to introduce the remaining workers from RRU who had not been co-opted into ZNS pay system to be introduced on the Ministry of Defence payroll system. Committee’s Observations and Recommendations The Committee awaits a progress report on the finalisation of the transfer of the RRU payroll from the Ministry of Works and Supply to the Ministry of Defence payroll. 7.4.2 STATELESSNESS AND THE PROTECTION OF STATELESS PERSONS IN ZAMBIA Having considered submissions from stakeholders, the Committee observed and recommended as outlined below.

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Documentation of statelessness i. In the previous Session, the Committee had noted that statistics on the prevalence of

statelessness in Zambia were very scanty and there were no specific institution dealing with the matter. In this regard, the Committee recommended that in order to ensure that accurate and aggregated statics on statelessness were collected, the Government should identify an institution, such as the Passports and Citizenship Office, to deal with issues of statelessness.

Executive’s Response The Committee was informed in the Action-Taken Report that the Government, through the Department of National Registration, Passports and Citizenship was responsible for dealing with issues of statelessness by virtue of its mandate which borders on citizenship. In addition, Article 35 of the Constitution of Zambia, as amended by Act, No. 2 of 2016 had provisions that addressed statelessness of children found in Zambia and were below the age of eight. However, there was need to address the issue of having statistics of stateless persons by:

i. making a provision in the Citizenship Act for documentation of stateless persons; and ii. making a provision in the National Registration Act and the Birth and Death Registration

Act for the maintenance of a population Register.

Committee’s Observations and Recommendations The Committee urges the Executive, through the Ministry of Home Affairs, to present the necessary amendments to the two pieces of legislation to Parliament for enactment and provide an update accordingly.

7.4.3 FOREIGN TOUR

7.4.3.1 Zambian Mission in Windhoek- Namibia

Inadequate and Delayed Funding i) The funding to the Mission was inadequate and erratic, resulting in failure to implement

programmes and effectively manage operations, including payment of salaries. This did not reflect well on Zambia’s image as Namibians working for the Mission were also affected. In this regard, the Committee had recommended that the Government should improve the funding and release funds timely to the Mission in order to enhance efficiency.

Executive’s Response The Committee was informed through the Action-Taken Report that a number of revenue measures approved for the 2018 national budget had delayed implementation thereby creating an implicit revenue shortfall. Going forward, the Government had taken steps to ensure that key revenue measures approved for the 2018 budget were expeditiously implemented, thereby leading to improved funding and timely release to Missions Abroad. Further, the Ministry of Foreign Affairs had engaged the Ministry of Finance on the need to improve on funding releases to Missions Abroad for implementation of programmes and activities as well as for salaries of locally engaged staff and Foreign Service Allowances for diplomatic staff. In addition, the Ministry had also requested the Ministry of Finance for authority to use Appropriation - in - Aid

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to soothe the lack of regular funding to the Mission to carry out various activities. The Ministry awaited a response from the Ministry of Finance which was addressing the Ministry’s request. Committee’s Observations and Recommendations The Committee requests for an update on the funding situation to the Mission in Namibia. Mission Properties ii) Most of the Mission properties, including the Chancery, which were purchased in 1989,

were dilapidated due to lack of maintenance arising from insufficient funding. The Committee, therefore, had recommended that the Government should adequately fund the Mission to enable it carry out maintenance works on the Mission properties, including the Chancery, as a matter of urgency.

Executive’s Response Through the Action-Taken Report, the Committee was informed that the Ministry of Foreign Affairs had since released K11, 595,630.45 at the ruling rate of K12.0 to 1USD for rehabilitation works of property in the Windhoek Mission. Further, the bidding documents for the rehabilitation works were floated out to contractors and they had since been received at the Ministry. The process of evaluating the bids for awarding of contract to the most responsive bidder was underway. The rehabilitation works were expected to start by March, 2019. In a letter dated 3rd April, 2019, in response to a letter from the National Assembly requesting for the latest position on this matter, the Ministry informed the Committee that the evaluation process would start in the month of April, 2019, after which the contract would be sent to the Ministry of Justice for scrutiny before signing by the contractor. The Ministry added that on completion of the tendering process, scheduled for May, 2019, the rehabilitation works would commence. Committee’s Observations and Recommendations The Committee notes the response and awaits further update on the matter. Relocation of Chancery iii) In the previous Session, the Committee had observed that the infrastructure (office space

and shops) at the Chancery could not be rented partly due to its poor state of repair and the presence of the Embassy, which business people thought was constantly under surveillance and therefore unsuited for business. The Committee, therefore, recommended that the relocation of the Chancery from its current location to House No. 9 Schwerlingsburg Street, Luxury Hill, should be expedited in order to leave the current Mission building free for business. This would enable the Mission to raise funds, which could be used, through the Appropriation-in-Aid, to improve its operations.

Executive’s Response The Committee was informed that the Government, through the Ministry of Foreign Affairs, had taken note of the Committee’s recommendations and had engaged the Ministry of Finance on authority to access Appropriation-in-Aid but still awaited a response from that Ministry. In addition, the Ministry had always leased out on rent, the vacant floors of the Chancery building

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but the rental charge had been low due to the compromised integrity of the building due to irregular maintenance. Further, the Ministry had started preparations to rehabilitate property in Windhoek with the priority given to staff houses that were in a more deplorable state.

Committee’s Observations and Recommendations The Committee notes the response and awaits fresh update on the matter. Management the Walvis Bay Dry Port

iv) In the previous Session, the Committee had noted with concern that Zambia was losing revenue by the non payment of the 2 percent annual turnover by Africa Union Financial Services (AUFS), which was managing the dry port at Walvis Bay on behalf of the Government of the Republic of Zambia, as concessionaire. The Committee, therefore, had recommended that the Zambian Government should vigorously pursue the outstanding payment of the 2 percent of annual turnover by Africa Union Financial Services (AUFS), managing the dry port at Walvis Bay, which had not been paid since 2015.

Executive’s Response The Committee was notified, through the Action-Taken Report, that the Ministry through the High Commission in Windhoek, the Ministry of Works and Supply and the Ministry of Transport and Communications had made a follow up on the matter and that the outstanding balance of N$ 302.489.44 for 2016 and N$ 229,160.98 for 2017 had been paid off. The only outstanding balance was for the year 2018 and this would only be paid off after an audit for that year had been conducted and an audit report had been approved and released. The Committee was further informed that part of the delay in paying the balances was a result of the following:

i. contradictory directives by the Government on the account in which the revenue should be deposited by the Walvis Bay Dry Port Authorities;

ii. incomplete submission of banking details by the Government of Zambia to the Port; and iii. delay in approval of audit reports by the Namibian Government for payment formalities.

Committee’s Observations and Recommendations In noting the efforts made in recovering the money owed to the Zambian Government, the Committee urges the Executive to smoothen the process and appeal to their Namibian counterparts to speed up the approval process of audit reports in order that the 2018 dues can also be cleared. The Committee awaits an update on the matter. Promotion of Tourism and Trade v) In the previous Session, the Committee had noted that Zambia had not taken full advantage

of its central position in the Southern Africa region to promote tourism and trade, let alone take advantage of Namibia which had direct flights to and from the European Union. In this vein, the Committee had recommended that Zambia should take full advantage of its central position in the Southern Africa region to promote tourism and trade, by entering into a partnership with Namibia, which had direct flights to and from the EU.

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Executive’s Response In the Action-Taken Report, the Committee was informed that Air Namibia had reduced its flights into Lusaka to only three times a week (Monday, Wednesday and Saturday). The daily flights were reduced due to the high cost of doing business which became unprofitable for the airline. Further, Air Namibia had approached the National Airports Corporation to start flying into Livingstone but unfortunately the conditions given were not favourable. They opted to start flying to Victoria Falls town in Zimbabwe where they were given better conditions. The Ministry of Tourism and Arts through the Zambia Tourism Agency was still working with the Airline during the Tourism Expo –Zambia by bringing in Tour Operators from Germany. Committee’s Observations and Recommendations The Committee, in noting the response expresses disappointment that the National Airports Corporation was unable to negotiate a favourable deal with Air Namibia for the Airline to start flying into Livingstone. The Committee, therefore, urges the Executive to revisit this matter and possibly renegotiate with Air Namibia on the possibility of commencing its flights into Livingstone. Further, the Committee urges the Executive to engage all relevant ministries and agencies to address the issue of the cost of doing business which is causing Zambia to lose business to neighbouring countries and provide an update on the matter. 7.4.3.2 Zambian Mission in Pretoria-South Africa

From the findings during its tour to the Zambian Mission in Pretoria, South Africa, the Committee had observed and made recommendations as outlined below

i) Funding to the South African Mission is insufficient and erratic, resulting in: a) delayed salaries for staff; b) inability to undertake capital projects and maintenance works; c) failure to repatriate stranded Zambians and attend to other consular

matters; d) incapacitation of the Mission Trade and Investment Promotion

Department.

In this vein, the Committee had recommended that the Government should improve the adequacy and predictability of funding to the Mission as a matter of urgency. Executive’s Response The Committee was informed in the Action-Taken Report that a number of revenue measures approved for the 2018 National budget had delayed implementation, thereby creating an implicit revenue shortfall. Going forward, the Government had taken steps to ensure that key revenue measures approved for the 2018 were expeditiously implemented, thereby leading to improved funding and timely releases to Missions Abroad. Committee’s Observations and Recommendations The Committee notes the response and awaits a progress report on the improvement in the funding situation to in Missions Abroad and particularly the Mission in Pretoria, South Africa.

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Motor Vehicles for the Mission

ii) In the previous Session, the Committee had observed that the fleet of motor vehicles at the Mission was old and broke down every so often, thereby pushing up maintenance costs. In view of the above observation, the Committee recommended that the Government should procure a new fleet of motor vehicles for the Mission so as to cut down on maintenance costs.

Executive’s Response

i. The Committee was informed in the Action-Taken Report that the hurdle to purchasing new vehicles had been insufficient funds. With the current austerity measures, the Missions had been advised to continue using the motor vehicles they currently had. However, vehicles were purchased for Missions in Addis Ababa; London; New York; Harare; and Windhoek. Motor vehicle procurement would be done for needy Missions in a phased approach.

Committee’s Observations and Recommendations The Committee awaits update on the procurement of motor vehicles for the Zambian Mission in Pretoria, South Africa. Birth Certificates iii) The Committee had, in the previous Session, expressed serious concern about the

reluctance by the South African authorities to give birth certificates or notice of birth to Zambian babies born in South Africa for fear of making them potential citizens and that this practice would render stateless, many Zambian children born in that country. The Committee, in this regard, had recommended that the Zambian Government should take this matter seriously and engage the South African Government in order to protect such children from becoming stateless. This should be done as a matter of urgency.

Executive’s Response In the Action-Taken Report, the Committee was informed that the Government had taken note of the concern and the recommendation of the Committee. The Ministry of Foreign Affairs would engage the Ministry of Home Affairs, which was mandated to handle such matters on the urgent need to resolve the matter. The Ministry of Foreign Affairs was readily available to facilitate for a Joint Commission of Cooperation (JCC) on Defence and Security, a platform at which such matters could be included on the agenda. The Mission in Pretoria was also readily available for bilateral talks with officials of the Republic of South Africa with guidance and participation of officials in the Immigration and National Registration Departments of Zambia. Committee’s Observations and Recommendations The Committee is disappointed that the Ministry of Foreign Affairs has not attended to this matter with the urgency it deserves and calls upon the Secretary to the Cabinet to coordinate and convene a meeting of all the ministries concerned to chart the way forward as a matter of extreme urgency. The Committee awaits a progress report on the matter.

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7.5 CONSIDERATION OF OUTSTANDING ISSUES FROM THE ACTION TAKEN REPORT ON THE REPORT OF THE COMMITTEE FOR THE FIRST SESSION OF THE TWELFTH NATIONAL ASSEMBLY

The Management and Operations of Law Enforcement Agencies in Zambia: (The Police Service; the Drug Enforcement Commission (DEC); the Citizenship Board of Zambia; Department of Immigration and the Zambia Correctional Services) 7.5.1 The Zambia Police Service Continuous Recruitment Exercise The Committee had, in the preceding Session, recommended that in order to meet the standard police-population ratio of one officer to 250 citizens, the Government should embark on a continuous net recruitment exercise of 3, 000 police officers every year to reach the projected 27, 000.

Executive’s Response The Committee was informed, through the Action-Taken Report, that the Zambia Police Service had been undertaking recruitment of officers to meet the international standard police-population ratio of 1 Police Officer to 250 people. However, the Government had not been able to meet the targeted annual net recruitment of 3,000 officers, due to budgetary constraints. In 2018, the Treasury had only been able to support the recruitment of 1,000 officers. The Zambia Police Service had three training institutions countrywide with a combined capacity of 1,500 recruits per year. The limited budgetary allocation coupled with the limited capacity of the available training institutions, therefore, accounted for the challenge of meeting the targeted annual net recruitment of 3,000 police officers.

Committee’s Observations and Recommendations The Committee, in noting the response, urges the Executive to endeavour to undertake the recruitment of police officers annually until the international standard is attained. The Executive is also urged to, in the long run, plan and execute an expansion programme for the existing training institutions and establish new facilities in light of the growing population of the country. The Committee seeks an update on this matter. Provision of Appropriate Modern Equipment In the previous Session, the Committee had recommended that the Government should provide the Police with modern equipment for communication and investigations, including forensic investigations and anti–riot operations. Executive’s Response The Committee was informed in the Action-Taken Report that the Government in recent years had embarked on a plan to procure modern equipment for communication, investigations, forensic and investigations and anti-riot operations as well as motor vehicles for the Zambia Police Service. The procurement of specialised riot motor vehicles commenced in 2017 and there was an allocation in the 2018 budget to decentralise the automated finger print identification system to other provinces. Further, the Zambia Police Service had been conducting capacity building programmes for officers to enhance their investigative skills. In addition, the

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Government had signed a contract with a company called Polyteck to supply the Zambia Police Service with various modern equipment for communication, investigation and anti-riot. The supply of this modern equipment was expected to improve operations of the Service, which would in turn reduce crime. However, the procurement of the modern equipment, tools and technologies would be phased due to budgetary limitations. Committee’s Observations and Recommendations The Committee notes the response and urges the Executive to expedite this matter and provide an update. Provision of Modern Training Facilities During the preceding Session, the Committee had recommended that the Government should construct modern police training institutions in order to make the environment for training of recruits and in–service officers conducive. The curriculum must also be revised to include new methods of policing, consonant with respect for human rights. Executive’s Response The Committee was informed that the Government had plans of constructing a modern Zambia Police Training Institute that would provide a conducive environment for training of new recruits and in-service officers. The infrastructure development plan for a modern Zambia Police Academy was yet to be approved by the Ministry of Home Affairs where it had been submitted. A total of 100 hectares of land had been secured and an offer letter obtained from the Ministry of Lands and Natural Resources and title to the land was being awaited. The construction of the training institute had not been budgeted for in 2018 owing to the current policy of government not to embark on new projects prior to the completion of on-going projects. Furthermore, the Zambia Police Training Curriculum was yet to be validated once the consultation process with stakeholders was completed. Committee’s Observations and Recommendations The Committee urges the Executive to expedite this matter and provide a progress report. 7.5.2 The Zambia Correctional Service Improved Service Delivery In order to improve service delivery at Katombora Reformatory School, the Committee had, in the preceding Session, recommended that the Government should erect a security wall around the School to enhance security. Executive’s Response The Executive informed the Committee that being a capital project and owing to the limited budgetary allocation to the Zambia Correctional Service, the erecting of a security wall fence at Katombora Reformatory School was not budgeted for in 2018 as it required substantial amounts of money. Furthermore, following the current policy of the Government that all Ministries Provinces and Spending Agencies (MPSAs) should not embark on new projects until all ongoing projects were completed, the project would only be embarked upon as soon as ongoing projects under the Zambia Correctional Service were completed.

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Committee’s Observations and Recommendations The Committee urges the Executive to expedite the financing of the project and requests for an update on the matter. Provision of Transport and Upgrade of Road The Committee had recommended that the Government should provide transport and upgrade the road to the School to bituminous standard. Executive’s Response In the Action-Taken Report, the Committee was informed that the upgrading to bituminous standard of the road to Katombora Reformatory School would be considered in future work plans subject to availability of funds for the project. The project could not be undertaken currently due to funding limitations. In addition to the three motor vehicles that the School had, namely; a Mitsubishi Rosa mini bus, a canter light truck and a Toyota Land Cruiser ambulance which though old, were serviceable, the Government recently procured and allocated a brand new motor vehicle a Mitsubishi L200 to Katombora Reformatory School. This had slightly eased the transport challenges at the School though the School still required additional motor vehicles to smoothly run the programmes. Furthermore, Government had procured motor vehicles from China under the Polytechnic Government to Government contract in which Zambia Correctional Services would, among other departments under the Ministry of Home Affairs, benefit. Once the vehicles arrived, Katombora Reformatory School would be allocated more vehicles and this should be able to resolve the transport challenges the school was currently facing. The Ministry of Home Affairs was still in the process of engaging the Ministry of Housing and Infrastructure Development for consideration of the 7.5 km stretch of road (from Kazungula road junction to the School) to be included in the National Road Network Planned for upgrading.

Committee’s Observations and Recommendations

The Committee awaits a progress report on the matter.

Staff Accommodation and Provision of Blankets and Mosquito Nets for Lads In the previous Session, the Committee had recommended that the Government should provide accommodation for staff and blankets as well as mosquito nets for lads. Executive’s Response The Committee was informed in the Action-Taken Report that the Government through Ministry of Home Affairs was still implementing Phase I of the construction of staff houses where Katombora Reformatory School was not included. Katombora Reformatory School would be included in Phase II, which was scheduled to commence in 2019. Regarding the provision of blankets to the lads, blankets had been provided, though inadequate. This had been mainly due to the reduction of the Zambia Correctional Service`s budgetary allocation and consequently the Facility’s grant in the last few years. This challenge would be mitigated once the Polytechnic contract was implemented. The Polytechnic project had a component where the provision of the various requirements for all inmates would be addressed including blankets, uniforms and beddings. With regard to the provision of mosquito nets to the lads, the Committee was informed

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that the Ministry of Health provided for the lads through a local clinic in whose catchment Katombora Reformatory falls. Committee’s Observations and Recommendations The Committee awaits an update on the implementation of Phase II, which includes the construction of staff houses. Provision of Start-up Capital for Graduate Juveniles During the preceding Session, the Committee had recommended that the Government should provide start-up capital or tools for graduate juveniles in order to curb repeat offending. Executive’s Response In the Action-Taken Report, the Committee was informed that the start-up capital or tools for graduate juveniles was not provided for in the succeeding budget cycle due to inadequate budgetary allocation. The reduction in the budgetary allocation to the Zambia Correctional Service had caused the Service to operate under a very tight budget. As such, it had not been possible to further spread the limited resources thinly by bringing on board new budget lines like Offender Rehabilitation. Committee’s Observations and Recommendations In noting the response, the Committee urges the Executive to treat this matter with the seriousness it deserves and provide funding for it. The Committee, therefore, awaits an update. Mwembeshi Maximum Correctional Facility

Upgrading and Expanding of Staff Establishment In the previous Session, the Committee had recommended that the Government should upgrade and expand the staff establishment of the Zambia Correctional Service to bring it to 7, 500 and to include all specialties needed in the rehabilitation of citizens that found themselves in correctional centres. The staff establishment should be expanded in order to improve operations at all levels, including the newly established units such as the National Parole Board, the Medical Directorate, Kalonga Milling, Mounted Unit and the Brass Band which had drawn their staff from the existing lean staff establishment. Executive’s Response The Committee was informed through the Action-Taken Report that with regard to the upgrading of the Zambia Correctional Service staff establishment, Cabinet Office had approved the staff establishment of 5,500 from the current slightly over 3,000 staff. The approved staff establishment required K99, 850 million for personal emoluments and a further K10.016, million for procurement of uniforms, to operationalise it. The Ministry of Home Affairs had been engaging Cabinet Office to actualise the approved establishment. However, the approved staff establishment of 5,500 was still low considering the number of correctional facilities countrywide which stood at fifty-four, with different staff requirements depending on the size of each facility. The recommended staff establishment of 7,500 was far above what Cabinet Office approved. The Ministry of Home Affairs would engage Cabinet Office for consideration of the recommendation of the staff establishment of 7,500 officers, by the Parliamentary Committee on

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National Security and Foreign Affairs, to ensure that this was actualised. Once the approved staff establishment was actualised, it would enhance the operations at all levels, including the newly established Units. Committee’s Observations and Recommendations The Committee notes the response and urges the Executive to treat the matter with the seriousness it deserves and provide requisite funding for this programme. The Committee further requests for a progress report on the matter. Adoption of Modern Techniques and Security Systems In the preceding Session, the Committee had recommended that the Government should, through enhanced funding, help the Zambia Correctional Service to embrace and adopt modern techniques and security systems, which may include establishment of bio-data electronic system database and installation of CCTVs in all the correctional centres. Executive’s Response In the Action-Taken Report, the Committee was informed that the budgetary allocation remained a challenge for the Zambia Correctional Service to embrace and adopt the modern techniques and installation of new security systems. The Electronic Offender Management Bio-Data system database had been developed and was still on trial level in selected facilities pending funding of K1.4 million needed to implement it in all correctional facilities. However, in terms of the provision of the CCTV facilities in correctional facilities, the project would be supported by the Safe City Project, which was already in the initial implementation stages. Under the Safe City Project, CCTV cameras would be installed in various public places such as streets, highways and bus stations to enhance the monitoring of events within the city in order to curb crime and this is the aspect that would be extended to the correctional facilities. Committee’s Observations and Recommendations In noting the response, the Committee urges the Executive to expedite the implementation and roll out of both the Electronic Offender Management Bio-data System and the Safe City Project, including installation of CCTV in correctional facilities. The Committee awaits a progress report. Alternatives to Custodial Sentences In the previous Session, the Committee had recommended that the State should continue exploring alternatives to custodial sentences and detention for individuals coming into conflict with the law, such as community service and fines for minor offences to reduce congestion in correctional centres. Executive’s Response The Committee was informed in the Action-Taken Report that the Government had not embarked on this process yet. The Ministry may consider initiating the process of formulating regulations for community sentencing for inmates convicted for misdemeanours in line with the Prisons (Amendment) Act, No. 14 of 2000, in due course. Committee’s Observations and Recommendations The Committee notes the response and awaits a progress report on the matter.

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i. Construction of New Juvenile Reformatory Schools

In the previous Session, the Committee had recommended that the Government should construct new juveniles’ reformatory schools as per the proposal, in Lusaka, Kitwe and Kabwe including a girls section in the new ones. Executive’s Response The Committee was informed that the construction of New Juvenile Reformatory Schools had not commenced due to the current policy of Government not to embark on new projects before on-going projects were completed. There were various ongoing projects under the Zambia Correctional Service and as such, the construction of the Juvenile Reformatory Schools would be embarked upon once the ongoing projects were completed. Committee’s Observations and Recommendations

The Committee awaits a progress report on the matter.

7.5.3. The Drug Enforcement Commission Treasury Authority for the Implementation of full Establishment The previous Committee had recommended that the Government, through the Ministry of Finance, should expedite the issuance of the Treasury Authority to implement in full, the 1,821 DEC staff establishment. Executive’s Response The Committee was informed in the Action-Taken Report that the current establishment stood at 533 of which 492 positions were filled and forty positions had been vacant and hence, frozen. Further, the Drug Enforcement Commission had an allocation of K665, 550.00 in the 2018 budget to facilitate recruitment of personnel, effective 1st July, 2018. Notwithstanding the above, the Treasury would endeavour to provide an allocation for recruitment under the Drug Enforcement Commission over the medium term, in order to improve the operations under the Commission. The Ministry of Home Affairs would continue to engage the Ministry of Finance to consider granting Treasury Authority for the remainder of the revised staff establishment in 2019. Committee’s Observations and Recommendations In noting the response, the Committee awaits a progress report on the matter. Revision of Legislation In the previous Session, the Committee had recommended that the Government should revise the Narcotic Drugs and Psychotropic Substances Act, Chapter 96 of the Laws of Zambia and the Prohibition and Prevention of Money Laundering Act, No.14 of 2001 (as amended by Act No. 44 of 2010) in order to deal with new dimensions of white collar crime and effectively collaborate with other law enforcement agencies. Executive’s Response The Committee was informed in the Action-Taken Report that the process of revising the Narcotic Drugs and Psychotropic Substances Act Chapter 96 of the Laws of Zambia was pending completion of the final stages of technical review and legal drafting at the Ministry of

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Justice. The Bill was also awaiting review of the Constitution of Zambia to appropriately place the Drug Enforcement Commission under National Security Services and not Investigative Commissions. The review exercise of the Prohibition and Prevention of Money Laundering Act, No.14 of 2001 (as amended by Act No. 44 of 2010) was completed by the Zambia Law Development Commission and a report submitted to the Drug Enforcement Commission to forward to the Ministry of Justice for drafting of an Amendment Bill. Committee’s Observations and Recommendations The Committee awaits further update on the matter. Formulation of Drug and Alcohol Policy In the previous Session, the Committee had recommended that the Government should expedite the formulation of the Drug and Alcohol Policy in order to strike a balance between supply reduction efforts and demand reduction measures and bring about effective coordination and cooperation among various stakeholders. Executive’s Response The Executive informed the Committee that a draft Drug and Substance Control Policy had been developed. The document would be subjected to stakeholder validation after which it would be launched. The United Nations Office on Drugs and Crime (UNODC) had further pledged to fund the remaining stages of the Drug and Substance Control Policy development. The Committee was further informed that issues pertaining to alcohol had been adequately covered in the National Alcohol Policy.

Committee’s Observations and Recommendations

The Committee awaits further update on the development of the Drug and Substance Control Policy. 7.5.4. National Registration, Passport and Citizenship Department

Digitisation of Record Management System In the preceding Session, the Committee had resolved to continue monitoring the digitisation process and requested for regular updates on the matter. Executive’s Response The Committee was informed in the Action-Taken Report that the Government was currently digitising records management system for all national identity documents. However, due to the huge backlog, the digitising process would be ongoing until such time when all the records would be digitised. Only then would the records management system be fully operationalised. Committee’s Observations and Recommendations Considering that this is work in progress, the Committee awaits further updates on the matter. Creation of a Central Database for Law Enforcement Agencies In the preceding Session, the Committee had recommended that the Government should establish a central data base for all law enforcement agencies to promote co-operation, collaboration and information flow amongst the agencies.

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Executive’s Response In the Action-Taken Report, the Committee was informed that the Department of National Registration, Passport and Citizenship had continued making progress on implementing the Integrated National Registration Information System (INRIS), which would form a central data base. So far equipment had fully been installed and blank cards procured and delivered. What was being awaited, subject to availability of funding, was the procurement of the personalisation key infrastructure to enable linkage to other systems. However, the Government would consider the proposal of establishing a central database for all law enforcement agencies, funds permitting. Committee’s Observations and Recommendations The Committee notes the response but urges the Executive to treat this matter with the seriousness it deserves and provide the requisite funding. The Committee, therefore, awaits further update on the matter. 7.6 CONSIDERATION OF OUTSTANDING ISSUES FROM THE ACTION- TAKEN

REPORT FOR THE FIFTH SESSION OF THE ELEVENTH NATIONAL ASSEMBLY

The Shift from Political to Economic Diplomacy; Transparency in the Recruitment Process; and Awareness of the Code of Conduct and Financial Regulations

In the previous Session, the Committee had requested for an update on the Foreign Service Bill, which was said to be a panacea to the issues surrounding Foreign Service. The Committee had noted that for three consecutive years, the Ministry had been talking about tabling the Bill before Parliament but this had not been actualised. Executive’s Response The Committee was informed in the Action-Taken Report that the Ministry was committed to tabling in Parliament the Foreign Service Bill. The Bill had been tabled before the Legislative Standing Committee of Cabinet (Chaired by Minister of Justice) and awaited tabling before full Cabinet. However, before it was tabled to the full Cabinet, the Ministry intended to table the Bill before the Standing Committee on Foreign Affairs Chaired by the President. This was to enable the Chairperson and members of the Committee have a thorough understanding of the Bill for collective support of the document at Cabinet. In this regard, the Bill would be expected in Parliament in the next legislative meeting. Committee’s Observations and Recommendations The Committee urges the Executive to expedite this matter and provide an update.

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7.6.1 LOCAL TOURS OF LUSAKA, KABWE, KAPIRI-MPOSHI, NDOLA, KITWE AND SOLWEZI

Construction of a Mini Hospital within the Mukobeko Maximum Facility In the previous Session, the Committee had stated that the issue of a mini-hospital at Mukobeko was a serious matter, which must be treated as such. The Committee, had therefore, urged the Executive to fund the project expeditiously and awaited a progress report. Executive’s Response The Committee was informed in the Action-Taken Report that the Government, through the Ministry of Home Affairs, did not have immediate plans of constructing a Mini-Hospital at Mukobeko Correctional Facility before completion of ongoing projects as per standing Government policy on contracting new projects. However, the Ministry had been liaising with the Ministry of Health, being a major stakeholder, on the construction of a Mini-Hospital within Mukobeko Correctional facility. One of the partners of the Ministry of Health, the President’s Emergency Plan for AIDS Relief (PEPFAR), a United States Government initiative had indicated their willingness to construct the Mini-Hospital at Mukobeko Correctional Facility. However, since the change of Government in 2016, the American Government had scaled down support to PEPFAR. This meant the construction of the Mini-Hospital would only be embarked upon once ongoing projects were completed. Committee’s Observations and Recommendations The Committee resolves to continue keeping an eye on this matter and requests further updates on the matter. Provision of a Generator-set at Mukobeko Maximum Facility The previous Committee had requested for fresh update on the matter.

Executive’s Response The Executive informed the Committee that the generator was not budgeted for in 2018 due to limitation of funds and budget ceilings. The procurement of a generator for Mukobeko Maximum Correctional Centre was a capital project which required allocation of substantial resources. Therefore, the procurement of the generator would be considered when some of the on-going projects were completed as per the current policy of Government. Committee’s Observations and Recommendations The Committee urges the Executive to treat this matter with the seriousness it deserves and provide funding for it. 7.7 CONSIDERATION OF THE ACTION-TAKEN REPORT ON THE REPORT OF

THE COMMITTEE FOR THE ELEVENTH NATIONAL ASSEMBLY Regulation of the Movement of Arms The previous Committee had requested for an update on outstanding procedures

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Executive’s Response The Committee was informed in the Action-Taken Report that the Coordinating Inter-Ministerial Committee comprising officers from all stakeholders dealing with Arms Trade Treaty (ATT) activities which was appointed by the Secretary to the Cabinet was considering the legislation to govern the ATT and also come up with a control list of the type of arms and parts to be controlled by the ATT. Once the legislation and the control list had been agreed upon by all stakeholders, then a Cabinet memorandum would be prepared to spearhead the process of domestication of the ATT. Committee’s Observations and Recommendations

The Committee awaits further update on the matter. 7.8 CONSIDERATION OF OUTSTANDING ISSUES FROM THE ACTION- TAKEN

REPORT ON THE REPORT OF THE COMMITTEE FOR THE SECOND SESSION OF THE ELEVENTH NATIONAL ASSEMBLY

Permanent Commissions on Zambia’s Boundaries with the DRC and Tanzania The previous Committee had urged the Government to continue prodding their counterparts in the Democratic Republic of Congo (DRC) and Tanzania for the meetings and mobilise resources for the same. The Committee had requested an update on the matter. Executive’s Response In the Action-Taken Report, the Committee was informed that the Government had a successful Joint Committee Meeting of experts with the Government of the Democratic Republic of the Congo in Livingstone from 27th to 30th November, 2017. The topical issues which were under consideration were presentation of the work plan and budget for reconnaissance for the two countries, the presentation of the report on efforts to source for funds for sensitisation and demarcation of the land boundary between Lake Tanganyika and Lake Mweru, there was also a presentation of the report on data gathered on water boundary demarcation between the two countries. The meeting developed a roadmap on how the two countries would proceed with the delimitation and reaffirmation exercise along their respective boundaries. The Committee was further informed that the Government, with the support from the German Government through GIZ, had committed to mobilising resources to enable the technicians to go on site and begin to work on the two boundaries of Zambia and Tanzania. This was an on-going exercise.

Committee’s Observations and Recommendations Considering that this is work in progress, the Committee requests regular updates on the matter.

Construction of Accommodation and Offices at Zombe and Lumi Border Posts The previous Committee had requested for an update on the matter.

Executive’s Response The Committee was informed that the Government had appreciated the importance of constructing housing and office infrastructure at Zombe and Lumi Border Posts. However,

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construction had not yet started because the focus currently was on completion of on-going projects before commencing new ones. Therefore, the Government was constructing and completing the border posts and houses at Nsumbu, Mwandi and Lukulu. The Government still remained committed to the provision of decent housing and office accommodation officers at other border posts in the country once on-going projects were completed. Committee’s Observations and Recommendations The Committee awaits update on the matter. Provision of Staff and Office Accommodation of Security Personnel at Nsumbu Border Post. The previous Committee had urged the Government to pay the contractor in order for the works to resume and also requested an update on the matter. Executive’s Response Through the Action-Taken Report, the Committee was informed that the Government had paid the contractor for all certified works and the contractor was currently on site completing the remaining works on the project. The current status was that the border post and houses were almost complete with the contractor working on general finishes and related external works. Committee’s Observations and Recommendations

The Committee awaits a progress report on the matter. Mutual Agreement on Combating Drug Trafficking The previous Committee had urged the Government to follow up the matter with the Government of India and submit an update on it. Executive’s Response The Committee was informed that the Government of Zambia had not yet received the feedback from the Government of India. As such, no progress had been recorded in this regard. Committee’s Observations and Recommendations The Committee notes the response and awaits an update on the matter. Kamfinsa School of Public Order and Maintenance – Firing Range The previous Committee had urged the Government to provide funding for the acquisition of the title and provide an update on the matter. Executive’s Response In the Action-Taken Report, the Committee was informed that this activity had been budgeted for in the 2019 budget under programme 4007 (Dismantling of arrears) Activity 022 and that this amount was profiled for the first quarter of 2019. Committee’s Observations and Recommendations The Committee notes the response and awaits further update on the matter.

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8.0 CONCLUSION

While the law appears to have adequate safeguards against the indiscrimate issuance of work permits to foreign nationals, the issuance of visas and work permits by the Department of Immigration remains a matter of concern to many Zambians. The Committee found that the major issue was the lack of adherence to the provisions of the law by the Department in its performance of this function. One of the most flouted provisions is the one that reserves certain categories of jobs for Zambians. Another provision that is often flouted is the requirement for a Zambian to understudy a foreign national employed by a company as an expert, so that the former should take over that position upon learning the job. On the contrary, expatriates have ended up staying longer in these positions than the law provides without any arrangements being made for a Zambian understudy. The Committee is of the view that the Ministries of Labour and Social Security and Home Affairs do not seem to have the capacity to ensure adherence to the terms of work permits and visas due to limited funding, inadequate staffing and lack of access to the requisite ICT.

With regard to the management of the Mortgage Financing Strategy and the general management of property in Missions Abroad, the Committee notes that the loan facility obtained to finance the Strategy was disbursed in Kwacha and yet the funds would be spent in the Missions where foreign currency was required. This resulted in huge losses amounting to $US 3,411,032.76 equivalent to K34, 110,327.60 through fluctuations in the exchange rate. Further, the money was disbursed to the Missions before all procurement processes were complete, resulting into further loss through bank charges. The Committee recommends that in future, such funds should be obtained and disbursed in foreign currency, seeing that it would be spent in foreign currency and only to Missions whose procurement processes would have been completed and were ready to use the money. Pertaining to the implementation of the shift from political to economic diplomacy in China, the Committee notes that inadequate and erratic funding coupled with shortage of staff is impacting negatively on the programme. The language barrier and cultural differences were also a challenge in the effective implementation of the shift. The Committee took the view that the Executive should increase the funding and staffing levels to the Mission in Beijing and others, for the effective implementation of the paradigm shift. Finally, the Committee wishes to express its indebtedness to the office of the Speaker and the Clerk for the guidance rendered to it during the Session. The Committee further wishes to express its gratitude to the Permanent Secretaries and Chief Executive Officers of various Institutions for their co-operation and input into the Committee’s deliberations.

Dr M Malama, MP June, 2019 CHAIRPERSON LUSAKA

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APPENDIX I - OFFICIALS OF THE NATIONAL ASSEMBLY Ms C Musonda, Principal Clerk of Committees Mr F Nabulyato, Deputy Principal Clerk of Committees (SC) Mr S Chiwota, Senior Committee Clerk (SC) Mr C Chishimba, Committee Clerk Mrs G Chikwenya, Typist Mr M Chikome, Parliamentary Messenger Mr D Lupiya, Parliamentary Messenger