Joint Statement dated Thursday 19th February 2026 by Chapter One Foundation AND LCK

Joint Statement dated Thursday 19th February 2026 by Chapter One Foundation AND LCK

FREEDOM FOUNDATION ON THE NEED FOR TRANSPARENCY IN THE ZAMBIA–UNITED STATES HEALTH AID MoU

Chapter One Foundation and the LCK Freedom Foundation call upon the Government of the Republic of Zambia to immediately publish the Memorandum of Understanding (MoU) reportedly signed between the Zambian Government and the Government of the United States of America in relation to health aid to Zambia.

As civil society organisations committed to constitutionalism, transparency, accountability, and the protection of fundamental rights and freedoms, we are deeply concerned by the secrecy surrounding this agreement. We confirm that Chapter One Foundation and the LCK Freedom Foundation have jointly written to the Zambian Government formally requesting a copy of the final MoU and the associated Bilateral Compact agreement pursuant to the Access to Information Act No. 24 of 2023. The public has a legitimate right to know the terms and conditions under which international agreements affecting the health and wellbeing of Zambian citizens are concluded.

We have been following recent press statements that have suggested that the contents of the MoU are not in the best interests of the health, privacy, and safety of Zambian citizens. These reports raise serious constitutional, ethical, and human rights concerns which warrant full disclosure and robust public debate.

We do not believe that the reported contents of the MoU put the health concerns of ordinary Zambians first. Whilst previous aid programmes such as the PEPFAR programme provided by the United States Government supported patients suffering from HIV/AIDS and strengthened health care workers and facilities to improve health outcomes for the people of Zambia, the conditionalities outlined in the MoU appear to aim to exploit the vulnerabilities of poor countries like Zambia, which historically have relied on donor support to meet the health needs of their citizens.

These conditionalities reportedly include providing access to Zambia’s rare earth minerals under a bilateral compact agreement and accessing the data and specimen samples of Zambians who access health facilities. Such provisions, if accurate, not only violate over national sovereignty and citizens’ rights to privacy and the preservation of their personal health records, but also pose a serious risk that this sensitive health data may be exploited by scientists and pharmaceutical companies for nefarious purposes, without adequate safeguards, consent, or benefit to the people of Zambia. We note that the Kenyan judiciary has suspended the implementation of a similar agreement between the Kenyan and US Governments due to similar concerns.

We are equally concerned that the Zambian Government is signing or implementing this agreement without the necessary public and stakeholder scrutiny that would ensure that any agreement entered into for the healthcare of Zambians is done in their best interests. Agreements of this magnitude must be subjected to parliamentary oversight, public consultation, and rigorous legal and ethical review.

We therefore urge the Government to:

1. Immediately publish the full MoU and the Bilateral Compact agreement for public scrutiny;

2. Engage in meaningful consultation with civil society, health professionals, and affected communities; and

3. Ensure that any health aid agreements respect the Constitution of Zambia, protect the privacy and dignity of citizens, and prioritise the health and welfare of ordinary Zambians above all other interests.

Transparency is not optional in a constitutional democracy. The health, privacy, and sovereignty of the people of Zambia must never be traded away behind closed doors.

Issued jointly by:

Chapter One Foundation

Executive Director Executive Director