Zimbabwe Lawyers for Human Rights (ZLHR) has strongly condemned the Senate’s recent approval of the controversial Private Voluntary Organisations (PVO) Amendment Bill, urging the government to reconsider its position and halt the bill’s enactment in its current form.
The Senate passed the PVO Amendment Bill on 17 October 2024, clearing the way for President Emmerson Mnangagwa to sign it into law.
The bill was initially gazetted on 1 March 2024 after a previous version from 2021 expired, as President Mnangagwa had declined to sign it, citing reservations. The latest version, however, includes even stricter provisions than its predecessor.
ZLHR expressed serious concerns about the rapid pace of the Senate’s deliberations, which it claimed lacked adequate debate and scrutiny.
“ZLHR is shocked that despite clear and legitimate concerns from a significant segment of local civil society organizations (CSOs), citizens, and regional and international bodies, such as the United Nations Special Procedures, regarding the PVO Amendment Bill’s inconsistency with national, regional, and global standards on freedom of association, this harmful law, which infringes on human rights, was rushed through Parliament. The March 2024 version mirrors the November 2021 one but with even more repressive provisions,” ZLHR said.
The organisation warned that if enacted, the bill would significantly undermine Zimbabwe’s commitment to human rights, especially the right to freedom of association.
“ZLHR is deeply troubled by the provisions of the PVO Amendment Bill, which threaten the operations of CSOs. Ultimately, this legislation could lead to the closure of civic space, which has been gradually shrinking since August 2018. The bill includes measures that legitimize excessive executive interference in CSO operations, criminalize the work of CSOs and their leaders, and curtail their freedom of association. It also seeks to concentrate executive power in the registration process of PVOs through the Registrar’s office,” the statement continued.
“It flagrantly disregards the principles of association outlined in the African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of Association and Assembly in Africa.”
ZLHR stressed that the bill threatens civil society’s ability to operate freely, undermining its role in defending human rights and providing essential services.
In contrast, the government, represented by Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi, has defended the bill as a necessary measure to comply with the Financial Action Task Force (FATF) recommendations, which aim to combat money laundering, terrorism financing, and other illicit financial activities.
While ZLHR acknowledged the importance of addressing financial crimes, it accused the government of selectively applying FATF standards to justify restrictive measures on CSOs. The organisation also criticised the government for overlooking the FATF’s revised 2016 standards, which call for proportionate, risk-based measures that do not disrupt legitimate charitable activities.
“In fact, the government has ignored the FATF’s Revised 2016 Standards and Methodology, which emphasize that measures to protect not-for-profit organizations (NPOs) from potential abuse should be risk-based and should not unduly disrupt legitimate activities. The FATF’s ‘High-Level Synopsis of the Stock Take of the Unintended Consequences of the FATF Standards,’ released on 27 October 2021, underscores the need for targeted and balanced approaches that respect international human rights obligations,” ZLHR stated.
The organisation further accused the Zimbabwean government of using FATF guidelines as a pretext to impose unwarranted restrictions on civil society.
“The Zimbabwean government continues to misuse the FATF Recommendations and Standards to shrink civic space. Disappointingly, it ignored the November 2023 revision of FATF’s Recommendation 8 Interpretive Note, which clarified that governments should adopt focused, proportionate, and risk-based measures to address terrorism financing risks. This includes acknowledging self-regulatory mechanisms within the NPO sector, which should negate the need for additional state interventions if they are deemed adequate,” ZLHR said.
ZLHR called on President Mnangagwa to refrain from signing the bill, warning that it could have profound implications for Zimbabwe’s human rights, humanitarian, and development sectors.
“Zimbabwe already has a comprehensive regulatory framework for combating money laundering and terrorism financing, which can be applied to this sector. This framework includes several laws, policies, and practices designed to prevent these activities and hold offenders accountable. ZLHR urges President Mnangagwa and the government to respect the will of the majority of Zimbabweans and to avoid enacting legislation that tramples on the people’s aspirations.”
The group also called for adherence to the African Commission on Human and Peoples’ Rights guidelines on freedom of association and assembly, urging the government to respect Zimbabweans’ rights and aspirations.
