INDEPENDENCE OF ZIMBABWEAN NON-GOVERNMENTAL
ORGANIZATIONS UNDER THREAT

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July 24, 2024

The Lawyers Committee for Human Rights is concerned by reports from Zimbabwe that new legislation governing the operation of non-governmental organizations is soon to be introduced in parliament. In a speech at the opening of the parliament this week, President Robert Mugabe is reported to have stated that a Non-Governmental Organisation Bill will soon be introduced “in order to ensure that the operation of non-governmental organizations are consistent with, and supportive of, governmental policies and programmes.” This language suggests that the new law may not ensure the independence from government control that is the vital characteristic of such organizations.

Legislation pushed through Zimbabwe’s parliament by the ruling Zanu-PF party is routinely used to silence political dissent and persecute those considered a threat to its grip on power. The provisions of the Public Order and Security Act, passed in January 2002, are exploited by police and government officials to prohibit or disrupt legitimate public meetings and as a basis for the arrest and detention of government critics. In addition, the Private Voluntary Organizations Act (PVOA), which has been amended on several occasions, most recently in 2001, requires that all “private voluntary organizations” be registered with the government, it being a criminal offence to be involved in the management of an unregistered organization. The decision on whether to grant an application for registration is made by a board that can be controlled by the government. This board can refuse such application on broad, vague grounds, or can delay its decision for many months, effectively blocking an organization’s activities. The board can also choose to cancel an organization’s registration on broad grounds, or impose restrictive conditions upon it. Decisions of the board can be appealed only to the Minister of Public Service, Labour and Social Welfare. The Minister also has the power to interfere in the running of an organization by, among other things, suspending members of its executive committee. This particular power was declared unconstitutional in 1997 by Zimbabwe’s Supreme Court.

In September, 2002, the Ministry of Public Service, Labour and Social Welfare published a notice in the press stating that all private voluntary organizations are required to register under the PVOA and those operating without registration were committing a criminal offence, for which arrests would be made. Many organizations, however, have chosen to register as trusts, in order to avoid the restrictions imposed by the PVOA. Analysts in Zimbabwe believe that the new NGO Bill is partly intended to ensure that those organizations are brought under greater governmental control. President Mugabe and his ministers have on several occasions publicly condemned Zimbabwean NGOs, accusing them of being agents of the UK and US, intent on destabilizing the country.

The exact provisions of the NGO Bill have yet to be revealed, and it has been the general practice of the government to keep such controversial bills secret until the very last possible moment, in order to limit public debate and opposition. Organizations in Zimbabwe have, however, long suspected that such legislation was being drawn up. A coalition of NGOs was preparing a draft bill for the regulation of NGOs, to present to the government. It appears likely that the draft prepared by the government is highly restrictive.

The Lawyers Committee for Human Rights is extremely concerned about the potentially negative consequences for the independent functioning of non-governmental organizations of the new Bill. NGOs in Zimbabwe perform a critical role in assisting the many people affected by serious human rights violations across the country at the present time, as well as in recording and publicizing such violations. It seems clear that under the guise of regulation, the government of Zimbabwe is seeking to set up a system to prevent the independent operation of organizations that it considers supportive of the opposition or threatening to its hold on power.

The right to freedom of association, enshrined in the International Covenant on Civil and Political Rights, as well as in Article 21 of the Zimbabwean Constitution, includes the right of an association to operate effectively and independently. The provisions of a restrictive NGO Bill would be in stark contradiction to the right to freedom of association, should it seek to impose government control of the functioning and funding of NGOs. In addition, the statements made by President Mugabe and his Ministers appear designed to intimidate Zimbabwean NGOs and indicate a total disregard for the United Nations Declaration on Human Rights Defenders, 1998. This Declaration recognizes the crucial role played by human rights organizations in any country, and requires that the work of such organizations and individual human rights defenders be promoted, and that they be protected from attack.

The Lawyers Committee calls on the government of Zimbabwe end its persecution of non-governmental organizations and individual human rights defenders. The government must ensure respect for freedom of expression, assembly and association, as guaranteed in the Zimbabwean Constitution and international human rights treaties to which it is party. The government should act in accordance with the UN Declaration on Human Rights Defenders and ensure that individuals and organizations working to promote human rights in Zimbabwe are able to operate without hindrance or threat of retaliation. At this time of crisis in the country, the efforts of non-governmental organizations are particularly important. The government should demonstrate its commitment to assisting the Zimbabwean people by co-operating with and supporting civil society groups, rather than seeking to control and attack them.

RECOMMENDED ACTION

Please write to the Zimbabwean authorities demanding that all legislation on the regulation of non-governmental organizations protect the independence of such organizations and allow them to operate effectively without government interference. Remind the government of its obligations under international instruments, as well as the Zimbabwean Constitution, to respect and ensure respect for basic rights, including the rights to freedom of expression, association and assembly. Express concern about the terms of the existing Private Voluntary Organisations Act and demand that any new legislation regulating non-governmental organizations is fully in accordance with the right to freedom of association, which includes the right of any association to operate effectively and independently.

A model letter for transmission to Zimbabwe’s Minister of Justice, Legal and Parliamentary Affairs and Minister of Public Service, Labour and Social Welfare is attached below. For those in the U.S., we encourage you to also send copies of your letter to:

Mr. Walter Kansteiner,
Assistant Secretary of State
Bureau of African Affairs
U.S. Department of State
2201 C Street, NW
Washington, D.C. 20520-63
Fax: 202 647 6301

H.E. Ambassador Joseph Sullivan
Embassy of the United States of America
172 Herbert Chitepo Ave
Harare,
Zimbabwe
Fax: +263 479 6488

Lawyers Committee documents on the crisis in Zimbabwe

Should you require more information, please contact Lorna Davidson (212 845 5251, Davidsonl@lchr.org) or Kristin Flood (212 845 5298, FloodK@lchr.org)


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Mr. Patrick Chinamasa
Minister of Justice, Legal and Parliamentary Affairs

Mr. July Moyo
Minister of Public Service, Labour and Social Welfare

c/o H.E. Dr. Simbi V. Mubako
Ambassador of Zimbabwe to the United States
1608 New Hampshire Avenue, N.W.
Washington, D.C. 20009
Fax: 202 483 9326

Dear Sirs,

I am deeply disturbed by reports from Zimbabwe that a new Bill to regulate the operation of non-governmental organizations is to be introduced to parliament. From statements made by President Mugabe and other government representatives, it seems that the proposed NGO Bill may not ensure the independence from government control that is the vital characteristic of such organizations.

Several of the terms of the current Private Voluntary Organisations Act (PVOA) are themselves greatly troubling and contrary to the basic right to freedom of association contained in Zimbabwe’s Constitution and international human rights treaties. The right to freedom of association includes both the right to form an association and for such association to then function effectively and independently. The provisions of the PVOA, however, contain registration and de-registration procedures that leave room for government interference and do not permit appeal to an independent body. Under the guise of regulation, it appears that the government of Zimbabwe is setting up a system to effectively prevent the independent operation of organizations that it considers threatening to its hold on power. I urge you to ensure that the terms of the PVOA, and any new NGO legislation, are brought fully into compliance with the Constitution and with Zimbabwe’s obligations under international human rights law.

The government should act in accordance with the UN Declaration on Human Rights Defenders and ensure that individuals and organizations working to promote human rights in Zimbabwe are able to operate without hindrance or threat of retaliation. At this time of crisis in the country, the efforts of non-governmental organizations are particularly important. The government should demonstrate its commitment to assisting the Zimbabwean people by co-operating with and supporting civil society groups, rather than seeking to control and attack them.

Sincerely,