The Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the passage of the controversial Private Voluntary Organisations (PVO) Amendment Bill (H.B.2A, 2024) by the Senate on October 17, 2024.
The government initially gazetted the PVO Amendment Bill on March 1, 2024. This Bill aims to amend the Private Voluntary Organisations Act.
The current amendment follows the lapse of the 2021 PVO Amendment Bill, which the President did not assent to, citing reservations. Said the ZLHR:
In an alarming move, the Senate fast-tracked and passed the PVO Amendment Bill at supersonic speed on 17 October 2024.
The contents of the PVO Bill passed by the Senate remain elusive as there was no clause-by-clause reading captured in the Hansard.
This Bill has now passed parliament houses despite the flawed consultation and public hearing processes marred with violence.
The passing of the PVO Amendment Bill by the Senate will allow President Emmerson Mnangagwa to sign it.
ZLHR is seriously concerned at the whirlwind speed of deliberations in the Senate House, which took place without much debate and scrutiny.
The ZLHR expressed shock that, despite the concerns of some local civil society organisations (CSOs), citizens, and regional and international bodies, both Houses of Parliament have passed the Bill. Said ZLHR:
ZLHR is shocked that even in light of unequivocal and genuine misgivings by a significant segment of local civil society organisations (CSOs), citizens and regional and international organisations and bodies, such as the United Nations Special Procedures, about the PVO Amendment Bill’s contravention of national, regional, and global standards of freedom of association, the harmful law, which tramples upon human rights, was expedited through Parliament.
The March 2024 version is a replica of the November 2021, albeit with more stringent repressive provisions.
The passage of the PVO Amendment Bill by the Senate, compounded by its enactment into law and its destructive effect on civil society, presents a significant setback in the country’s commitment to human rights and will place Zimbabwe in contravention of its human rights obligations, notably on freedom of association.
According to the ZLHR, the PVO Amendment Bill negatively impacts CSOs, potentially leading to the closure of civic space, which has been diminishing since August 2018.
The Bill legitimizes excessive executive interference in CSO operations and criminalizes their activities, undermining freedom of association and centralizing executive power over the registration of PVOs through the Registrar’s Office.
The human rights lawyers argued that the Bill contravenes Zimbabwe’s international commitments to uphold the right to freedom of association and ignores the guidelines of the African Commission on Human and Peoples’ Rights.
The Bill threatens the ability of civil society to operate freely, which is crucial for protecting human rights and providing essential services, thereby contributing positively to the economy.
The ZLHR said the Minister of Justice claims the Bill responds to FATF Recommendations aimed at combating illicit financial flows, but this justification is seen as a pretext for restricting civic space.
The ZLHR further argued that the FATF’s revised Recommendation 8, intended to protect NPOs from terrorist financing abuse, is being misapplied by the Zimbabwean government to justify restrictive measures against CSOs.
The human rights lawyers have urged President Emmerson Mnangagwa and the government to reject the Bill, aligning with the wishes of the majority of Zimbabwean citizens and respecting their aspirations for civic freedom.
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