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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:
<blockquote>
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.
</blockquote>
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:
<blockquote>
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.
</blockquote>
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.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The Senate passed a controversial Bill on October 17, 2024, which aims to change the way Private Voluntary Organisations (PVOs) operate in Zimbabwe. The Zimbabwe Lawyers for Human Rights (ZLHR) are not happy about it. They feel the Bill was rushed through without proper discussion and consultation. The ZLHR believes the Bill will limit the freedom of organizations that help people and could even lead to their closure. They are asking President Mnangagwa to reject the Bill and listen to the concerns of the people who want to keep their freedom to help others.

Senate Passes Controversial PVO Amendment Bill

President Emmerson Mnangagwa has sent back the Private Voluntary Organisations (PVO) Amendment Bill to parliament, more than a year after it was endorsed by the Parliamentary Legal Committee. The bill had previously been approved by the National Assembly and the Senate.
Although the bill had been debated and received general support, it underwent further scrutiny before being sent to the president for assent. Tambudzayi Mutare from parliament’s public relations department confirmed that after being sent to the OPC, the bill was then sent back to Parliament. She told <a href="https://newshubzim.co.zw/2023/09/18/president-mnangagwa-rejects-pvo-bill-for-nownews/">NewsHub</a>:
<blockquote>
I have been told by the relevant office that the bill was returned to parliament.  In that regard, parliament will once again have to deliberate on it. However, given the fact that the bill was passed during the last parliament and there is now a new one, it means the process will start afresh.
</blockquote>
Newly elected parliamentarians were sworn in last week following the 23-24 August harmonised elections, which resulted in President Mnangagwa securing a second and final five-year term. The previous parliament, in existence from 2018 to 2023, consisted mostly of ZANU PF members, making it easier for bills to pass from the National Assembly to the Senate.
The ZANU PF government proposed amendments to the PVO Act, citing the need for improved financial accountability and to combat money laundering, terrorist funding, and criminal financing of political activities. However, this raised concerns among the non-profit sector, fearing excessive government control over NGOs. Civil society and human rights defenders have repeatedly called for President Mnangagwa to abandon the bill. The reasons behind the president’s decision to return the PVO Bill are unclear. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

President Mnangagwa Has Sent The Private Voluntary Organisations Amendment Bill Back To Parliament

The Private Voluntary Organisations (PVOs) Amendment Bill has sailed through National Assembly and now awaits scrutiny by Senate before it is taken up for Presidential assent.
Justice minister Ziyambi Ziyambi announced the development while speaking to NewsDay. He is cited as saying: 
<blockquote>
The Bill has sailed through National Assembly and now waits for Senate, hopefully they will consider it and waits for Presidential assent.
</blockquote>
The Bill amends the PVO Act and the government says it will curb money laundering and PVOs’ participation in politics. It proposes harsh penalties, including jail time of up to one year for perceived offences.
Opposition legislators and human rights activists say the proposed Bill is flawed and that it contains controversial clauses that should be subjected to scrutiny and debate.
They expressed fear that if passed into law in its current state, the proposed law will further shrink the country’s democratic space and lead to the closure of several NGOs perceived as anti-government.
Opposition legislator Sichelesile Mahlangu (CCC) said they could not stop ZANU PF because it has a majority in Parliament. Mahlangu added:
<blockquote>
On our side, we managed to go out and didn’t participate. We were expecting that it will come next year, not this year.
</blockquote>
But Zanu PF has described the Bill as a necessary tool to whip rogue NGOs and CSOs into line. Zanu PF chief whip Pupurai Togarepi said:
<blockquote>
The Bill sailed through, even the opposition members silently supported the Billl. We are excited that people supported the Bill.  It will be signed by the President as law, we are going to have a very good environment.
</blockquote>
Norton legislator Themba Mliswa (Independent) said passage of the law would affect many people dependent on donor support.
Early this year, prominent economist Prosper Chitambara <a href="https://zero.pindula.co.zw/pvo-bill-will-hit-the-economy-hard-economist/">warned that the proposed PVO Amendment Bill will hit the economy hard</a> saying NGOs are filling the gaps in public programmes and services that States have failed to perform or provide owing to limited fiscal space.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

PVO Bill Sails Through National Assembly, Now Waits For Senate

President Emmerson Mnangagwa has said he is ready to sign the <a href="https://zero.pindula.co.zw/?s=pvo">Private Voluntary Organisations (PVOs) Amendment Bill</a> once the Parliament is done.
The Bill amends the PVO Act and the government says it will curb money laundering and PVOs’ participation in politics. It proposes harsh penalties, including jail time of up to one year for perceived offences.
Opposition legislators and human rights activists say the proposed Bill is flawed and that it contains controversial clauses that should be subjected to scrutiny and debate.
Writing in his column in <a href="https://www.sundaymail.co.zw/dismantling-all-trojan-horses-for-free-fair-elections-in-2023">The Sunday Mail,</a> a weekly state-run publication, Mnangagwa said:
<blockquote>
The PVO Act will put an end to foreign meddling
I have had to stress this point because we continue to get reports of a few hostile countries that are trying, through their embassies here, to persistently meddle in, and to manipulate our electoral processes.
Today, I call them to order, warning them against challenging our hard-won sovereignty, which is embodied in all our national processes, including elections.
Quite often, these hostile countries use political NGOs they deliberately set up; they fund and run as Trojan Horses here.
It is this kind of mischief, this wanton abuse of our goodwill, which has forced us to introduce the PVO Bill in our Parliament.
I am ready to sign this Bill into law once Parliament has done its part. Those peddling or saddled with foreign interests and agendas have a lot to worry about, we will act on them once we establish they have betrayed their mandate. This includes banning and kicking them out of our country.
</blockquote>
The ruling ZANU PF portrays NGOs as hostile entities that are pushing a regime change agenda in Zimbabwe.
If the new Bill is signed into law, critics say hundreds of NGOs in Zimbabwe may be forced to close shop.
Early this year, prominent economist Prosper Chitambara <a href="https://zero.pindula.co.zw/pvo-bill-will-hit-the-economy-hard-economist/">warned that the proposed PVO Amendment Bill will hit the economy hard</a> saying NGOs are filling the gaps in public programmes and services that States have failed to perform or provide owing to limited fiscal space.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

President Mnangagwa Says He's Ready To Sign The PVO Bill Into Law Once Parliament Is Done

Public Service minister <a href="https://www.pindula.co.zw/Paul_Mavima">Paul Mavima</a> has proposed more amendments to the Private Voluntary Organisations (PVOs) Amendment Bill in an apparent move to tighten the screws on non-governmental organisations (NGOs) operating in the country.
The new amendments will be submitted <a href="https://news.pindula.co.zw/2022/04/13/pvo-bill-justice-ministers-second-reading-speech-in-parliament-full-text/">at the Committee Reading Stage</a> of the PVOs Bill, which is currently in the Second Reading Stage in the National Assembly.
Fears abound that the Bill, already viewed as oppressive, is meant to stifle government critics and human rights defenders.  
Authorities say the Bill is meant to ensure that NGOs do not interfere in local politics.
In its latest Bill Watch online publication, legal think-tank Veritas said Mavima had proposed several new amendments which would give the minister powers to control every association, to give permits, to register PVOs and NGOs, and convene annual forums for PVOs to discuss issues of interest.
The Veritas publication seen by NewsDay said the new amendments left the “worst” clauses unchanged, but seek to consolidate the government’s powers over trusts. 
It also says the new amendments were effected in violation of section 141 of the Constitution because they were smuggled in after public hearings on the Bill were done. Said Veritas:
<blockquote>
The amendments will delete provisions in the Bill which would have allowed the registrar of PVOs to require trustees of any trust either to forswear their right to collect funds for charitable purposes or to register their trust as a PVO.
In place of these provisions, however, the amendments will insert a new section 6 in the PVO Act (“the Act”), which will require any trust that collects funds for charitable purposes to register under the Act, prohibit anyone from collecting funds from the public except in accordance with the Act — which means that only registered PVOs will be allowed to do so, debar unregistered PVOs from receiving funds from the State, and  permit the Registrar to require any trust to get itself registered as a PVO, and make trustees and their trusts jointly liable to criminal penalties for failure to comply with the new section.
</blockquote>
Veritas also said:
a). Clause 11 of the Bill was unconstitutional because it proposes a new schedule providing for the imposition of civil penalties for certain contraventions of the Act.
b). Clause 2(b) of the Bill will also insert a new provision into the Act, allowing the Public Service Minister to make regulations permitting him to designate associations that he regards to be at high risk of misuse by terrorist organisations.
Veritas said the provisions are far too vague for a penal provision and are therefore n violation of the rule of law which demands that laws, particularly penal ones, “must be intelligible, clear and predictable.” 
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Government's Proposed Amendments To The PVO Bill "Unconstitutional" - Veritas

Human rights groups in Zimbabwe have implored the government to provide security during ongoing public hearings on the Private and Voluntary Organisations (PVO) Bill after suspected ZANU PF activists recently disrupted meetings in Harare’s Highfield, Rusape, Gutu and Bulawayo.
The contentious Bill seeks to ensure state control of civic groups, non-governmental organisations (NGOs) and trusts among others.
The Bill has been widely condemned as undemocratic and an attempt by the State to silence dissenting voices, particularly CSOs fighting corruption, human rights violations and other misgovernance issues.
President Emmerson Mnangagwa’s government has defended the legislation as necessary to fight terrorist funding, money laundering and stop some NGOs from pushing a regime change agenda.
Veritas Zimbabwe spokesperson Valentine Maponga said Parliament must engage the police to provide security during the hearings. Maponga said:
<blockquote>
Parliament must ensure and guarantee that members of the public are safe during and after public hearings.
Police presence at hearings is highly recommended.
</blockquote>
The remarks were echoed by the Zimbabwe Coalition for Debt and Development (Zimcodd). 

<ul>
<li>CSOs Urge Parliament To Stop The Private Voluntary Organisations (PVO) Amendment Bill</li>
</ul>
Information deputy minister Kindness Paradza said it would be difficult for Parliament to involve the police in its processes since it is up to Parliament to request police coverage during their meetings. He added: 
<blockquote>
But again Parliament is a democratic institution such that they would not involve police or any other uniformed security forces during these hearings.
This is why they specifically bar people in uniforms or party regalia to be at these meetings. They want people to air their views freely.
</blockquote>
Clerk of Parliament Kennedy Chokuda said they had not received any request from the portfolio committee on labour, public service and social welfare to tighten security at the hearings.
The PVO Bill which prohibits PVOs from political involvement was gazetted in November last year and seeks to amend the current PVO Act.
Under the Bill, targeted organisations will now be subject to de-registration, broad control and regulation by the respective Ministry.
More: <a href="https://www.newzimbabwe.com/ngo-bill-zanu-pf-activists-on-the-rampage/">NewZimbabwe.com</a>

Suspected ZANU PF Activists Disrupt Public Hearings On The PVO Bill

<div class="et_pb_module et_pb_text et_pb_text_3_tb_body et_pb_text_align_left et_pb_bg_layout_light">
<div class="et_pb_text_inner">A group of Civil society organisations has written to the Zimbabwean Speaker of Parliament expressing their collective concern regarding the Private Voluntary Organisations Amendment Bill. Below is the full letter as posted by MISA Zimbabwe;</div>
</div>
<div class="et_pb_module et_pb_post_content et_pb_post_content_0_tb_body">
<blockquote>
Dear Speaker, Honourable Advocate Jacob Mudenda,
We, the undersigned civil society organisations who work to promote and defend freedom of expression and information, freedom of association and the right to privacy as fundamental rights worldwide, are writing to express our concern with Zimbabwe’s gazetted Private Voluntary Organisations (PVO) Amendment Bill.
</blockquote>
</div>

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/12/09/csos-urge-zimbabweans-to-reject-the-pvo-bill/">CSOs Urge Zimbabweans To Reject The PVO Bill</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/09/27/government-creating-legislation-that-ban-pvos-meddling-in-politics/">Government Creating Legislation That Ban PVOs Meddling In Politics</a></li>
</ul>
<blockquote>
We note that the government ostensibly proposed the amendment to comply with the Financial Action Task Force (FATF) recommendations to align the country’s laws with <a href="https://click.mlsend.com/link/c/YT0xODcyMDA0MjE5ODMwMDE2NDU5JmM9bzJxNSZlPTAmYj04ODM1ODI0MTgmZD12OGIzaTRs.r0IGOzZV70ePKzi01LG-H9x5Yf1nu2WAaQglttZ6y-c">Recommendation 8</a>. While the task force’s objective is to ensure that NGOs/PVOs are not misused by terrorist organisations – an analysis of the Bill shows that, rather than aligning with FATF recommendations, the government could be using this legislation as a pretext to clamp down on civil society in Zimbabwe and to infringe upon the rights to association, privacy and expression enshrined in the Constitution.
Among other things, the proposed law would have the effect of criminalising the work of civil society organisations (CSOs) in Zimbabwe by proposing harsh penalties, including jail time of up to one year for NGO Registration framework related perceived offences, a new requirement that the bill seeks to introduce.
The Bill also gives the government and the minister responsible for CSOs and Trusts excessive power, which will enable him/her to interfere with the operations of these bodies. It further gives the responsible minister power to make an application to the High Court to appoint one or more persons of his/her choice as trustees to run the affairs of an organization for a period not exceeding 60 days – an excessive interference in the administration of PVOs.
If the Bill is passed in its current form, trusts and common law university associations will also be required to register under the PVO Act, which will mean designated organisations will become unlawful entities unless they register under the new law. As the registrar of PVOs will be reporting to the Office of the President, the threat of deregistration could affect the ability of CSOs to speak out freely.
Through this excessive involvement of the Executive, it is feared that NGO and CSO funds may be expropriated by the government under the guise of complying with provisions of the FATF recommendations. There is a real risk that the expropriation of the funds can be done without due process of the law and without compensation.
Finally, the Bill further seeks to govern CSOs’ support for political parties, which flies in the face of the Constitutionally-protected right to freedom of association. The Bill prohibits PVOs from “political involvement”, which is an overly broad and vague term that has the potential of being misused to target and persecute CSO leaders, pro-democracy activists, human rights defenders and NGOs that may be involved in promoting and protecting civil and political rights guaranteed under the country’s Constitution and major international instruments that Zimbabwe has signed and ratified.
Zimbabwe is a signatory to the <a href="https://click.mlsend.com/link/c/YT0xODcyMDA0MjE5ODMwMDE2NDU5JmM9bzJxNSZlPTAmYj04ODM1ODI0MjEmZD1yMGo5czB0.8Fj_E6DBqK7bk3fvwiR_ebaiXEsygUV_aW-0vXlmyXA">International Covenant on Civil and Political Rights (ICCPR),</a> which among others, guarantees the right and freedom to seek, receive and impart information and ideas of all kinds under Article 19. The same Article protects political discourse, commentary on one’s own or public affairs, canvassing, discussion of human rights and journalism.
Further, <a href="https://click.mlsend.com/link/c/YT0xODcyMDA0MjE5ODMwMDE2NDU5JmM9bzJxNSZlPTAmYj04ODM1ODI0MzMmZD1iNXYwdjlj.lp95844rLzHA57Eds8dUEHnBbbwU2b7qP--w4hiGcvY">The United Nations Declaration on Human Rights Defenders </a>points out that States have a duty to protect, promote and implement all human rights and fundamental freedoms, including every person’s right, individually, and in association with others, “at national and international levels … to form, join and participate in non-governmental organisations, associations or groups” and to “solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means.”
Freedom of expression is an enabling right from which other rights, such as freedom of association are derived from. It is for this reason that the contravention of Article 19 in the proposed PVO Amendment Bill is particularly worrying.
Honourable Speaker, while we accept that the right to freedom of expression is not absolute, the PVO Amendment Bill does not serve a legitimate purpose and neither is it necessary. On the contrary, we are gravely concerned about the Bill’s potential to unduly restrict freedom of expression and civic space.
Thus, we urge the Parliament of Zimbabwe to:
</blockquote>
<ol>
<li>Delay debate on the PVO Amendment Bill until it meets local, regional and international standards and best practices for the exercise of freedom of expression, free association and the right to privacy.</li>
<li>Embark on a wide-ranging consultative process on the regulation of CSOs, Trusts and NGOs. This process should be consultative and reflective of the views of a wide spectrum of Zimbabwean society.</li>
</ol>
<blockquote>
Signed,
</blockquote>
<ol>
<li>Africa Freedom of Expression Exchange (AFEX)</li>
<li>Africa Freedom of Information Centre (AFIC)</li>
<li>Americans for Democracy &amp; Human Rights in Bahrain (ADHRB)</li>
<li>Association of Caribbean Media Workers.</li>
<li>Free Media Movement Sri Lanka (FMM)</li>
<li>Freedom Forum.</li>
<li>Freedom of Expression Institute (FXI).</li>
<li>Global Voices.</li>
<li>Independent Journalism Center Moldova.</li>
<li>Initiative for Freedom of Expression- Turkey (IFox).</li>
<li>Institute for Media and Society (IMESO).</li>
<li>International Press Centre (IPC).</li>
<li>Palestinian Center For Development &amp; Media Freedoms (MADA).</li>
<li>Media Rights Agenda (MRA).</li>
<li>Media Watch Bangladesh.</li>
<li>Media Institute for Southern Africa, Zimbabwe(MISA)</li>
<li>PEN America.</li>
<li>PEN International.</li>
<li>Reporters Without Borders (RSF).</li>
<li>South-East Europe Media Organisation (SEEMO).</li>
<li>The Center for Media studies and Peacebuilding (CEMESP-Liberia).</li>
<li>The Media Foundation for West Africa (MFWA).</li>
<li>Vigilance for Democracy and the Civic State.</li>
<li>World Association of Community Radio Broadcasters (AMARC).</li>
</ol>
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CSOs Urge Parliament To Stop The Private Voluntary Organisations (PVO) Amendment Bill

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