By A Correspondent| Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the recent passage of the Private Voluntary Organisations (PVO) Amendment Bill (H.B.2A, 2024) by the Senate, expressing deep concern over its potential to curtail civil society operations and human rights in the country.
The bill, passed on 17 October 2024, has been widely criticized for its lack of transparency and the manner in which it was fast-tracked through Parliament, bypassing thorough scrutiny and public consultation.
The PVO Amendment Bill, gazetted on 1 March 2024, seeks to amend the existing Private Voluntary Organisations Act. This legislative push comes after the earlier version of the bill, introduced in 2021, was shelved due to reservations raised by President Emmerson Mnangagwa, who withheld his assent.
In a surprising turn of events, the Senate expedited the deliberations and passed the 2024 version with minimal debate, raising alarm among legal and civil society groups.
ZLHR has expressed serious concerns over the process, stating that no detailed clause-by-clause reading was captured in the Hansard during Senate discussions, leaving the bill’s specific provisions elusive. Civil society organisations (CSOs) and various stakeholders have long voiced opposition to the bill, citing its potential to violate national and international standards of freedom of association. Despite these protests, the Senate passed the bill, effectively moving it closer to becoming law, pending President Mnangagwa’s signature.
In its statement, ZLHR described the bill’s passage as a significant setback for Zimbabwe’s human rights commitments, particularly regarding freedom of association. “The passage of the PVO Amendment Bill, compounded by its enactment into law, will have destructive effects on civil society and place Zimbabwe in contravention of its human rights obligations,” the group stated. They also noted that the bill mirrors the 2021 version but with even more stringent provisions, further eroding the operational freedom of CSOs.
One of the key concerns raised by ZLHR is the bill’s empowerment of the executive to interfere excessively in the activities of CSOs. Under the new provisions, CSOs will face heightened restrictions, including possible criminalisation of their work and the curtailment of their ability to operate independently. The bill also introduces new executive powers over the registration of PVOs, a move that many fear will entrench government control over civil society.
ZLHR has warned that the bill’s enactment could lead to the closure of civic space in Zimbabwe, a trend that has been worsening since August 2018. “The provisions of the PVO Amendment Bill will have adverse effects on the operations of CSOs and result in the shrinking, if not complete shutting down, of civic space,” the human rights organisation added.
The bill’s justification, as presented by the Minister of Justice, Legal, and Parliamentary Affairs, Ziyambi Ziyambi, is that it aligns with the Financial Action Task Force (FATF) Recommendations and Standards, specifically Recommendation 8, which pertains to Not-for-Profit Organisations. According to ZLHR, while the government claims the bill is necessary to combat illicit financial flows and terrorist financing, it has misused FATF’s guidance to suppress civil society. They also noted that the government ignored the November 2023 revision of Recommendation 8, which cautions against governments abusing these standards to restrict the operations of non-profit organisations.
“Zimbabwe already has an adequate regulatory framework to address money laundering and counter-terrorism, which can be applied to the CSO sector without enacting laws that suppress freedom of association,” ZLHR argued. The organisation urged President Mnangagwa to reconsider enacting the bill into law, emphasising that it would go against the wishes of the majority of Zimbabwean citizens and their aspirations for a more open and democratic society.
ZLHR reiterated that the bill contravenes Zimbabwe’s obligations under the African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of Association and Assembly in Africa, which protect the right of individuals and groups to organise freely without undue state interference. In their call to action, ZLHR implored the government to cease its interference in CSOs’ rights to freedom of association and to foster a more enabling civic environment.