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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>

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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

Parliament has resolved to fast-track the revised Private Voluntary Organisations Amendment Bill, Criminal Law (Codification and Reform) Protection of Children and Young Persons Amendment Bill, as well as the Administration of Estates Amendment Bill.
As reported by <a href="https://www.herald.co.zw/parly-to-fast-track-age-of-consent-and-pvo-bills/">The Herald</a>, the three Bills were tabled before the National Assembly last week and went through their First Reading.
The PVO Amendment Bill, which among other things aims to regulate the registration and operation of PVOs more strictly, was brought back before Parliament for further consideration after President Emmerson Mnangagwa raised reservations about certain aspects of the bill.
The Criminal Law (Codification and Reform) Amendment Bill seeks to raise the age of sexual consent from 16 to 18 after President Mnangagwa invoked his powers under the Presidential Powers (Temporary Measures) Act to gazette Statutory Instrument 2 of 2024, in compliance with a Constitutional Court ruling that had declared a section of the law that sets the age of sexual consent at 16 as unconstitutional.
The Administration of Estates Amendment Bill seeks to provide for the better and autonomous administration of the Office of the Master of the High Court.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi requested the suspension of procedural requirements related to the period of tabling a Bill, saying it was important to have the proposed laws dealt with expeditiously. He said:
<blockquote>
I seek leave of the House to move that the provisions of Standing Order, Number 142 (1) which states that every Bill other than a constitutional Bill must be published in the Gazette 14 days before it is introduced in the National Assembly in respect of the following Bills:- Private Voluntary Organisations Bill, Administration of Estates Amendment Bill and Criminal Laws, that is Protection of Children and Young Persons Bill…
There are about two or three reasons why I am seeking leave to have the House suspend this provision so that we can bring the Bills.
The first one, the Private Voluntary Organisations Bill was before the August House and there are minor amendments. So, I am seeking that it comes because it was before the House before the expiration of the last Parliament.
The Administration of the Estates Amendment Bill deals with the office of the Master. There are a lot of issues that are urgent and we need this House to consider that Bill as well as the Criminal Laws Amendment.
There is a gap in using the Presidential powers . . . So, I am moving that we reduce the days the Bills have been gazetted, we bring them for First Reading and then Parliament can start interrogating the Bills.
</blockquote>
After a debate on the issue, the National Assembly eventually agreed to fast-track the Bills before they were introduced in the House.
All three Bills were referred to the Parliamentary Legal Committee, a committee of Parliament which scrutinises all Bills and Statutory Instruments to determine if they are consistent with the Constitution of Zimbabwe.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Parliament To Fast Track Age Of Consent And PVO Bills

The United States Secretary of State, Antony Blinken, has introduced new regulations aimed at individuals who undermine democracy in Zimbabwe. These regulations specifically target those involved in election rigging, human rights violations, and abuse of the judicial system during electoral processes.
Additionally, the policy also focuses on individuals who impede the operations of Non-Governmental Organizations (NGOs) and Civil Society Organizations (CSOs) due to the implementation of the Private Voluntary Organizations (PVO) Bill, <a href="https://www.newzimbabwe.com/us-tightens-screws-on-zimbabwe-announces-regulations-targeted-at-those-responsible-for-rigging-elections-targeting-ngos-capturing-courts/">NewZimbabwe</a> reported citing Blinken. Blinken said:
<blockquote>
Under this policy, the United States will pursue visa restrictions, pursuant to Section 212(a)(3)(C) of the Immigration and Nationality Act, for individuals believed to be responsible for, or complicit in, undermining democracy in Zimbabwe.
Such acts may include manipulating or rigging the electoral process; disenfranchising voters or preventing individuals from exercising their right to vote; excluding members of the political opposition from electoral processes; restricting the ability of civil society organizations (CSOs) to operate and engage in democratic, governance, or human rights related activities; or intimidation of voters, election observers, or CSOs through threats or acts of physical violence.
They may also include engaging in corrupt acts, including bribery, that undermine the electoral process; interfering with the independent operation of the judiciary during its adjudication of electoral cases; or abusing or violating human rights in Zimbabwe.
</blockquote>
President Emmerson Mnangagwa’s attempts to re-establish a relationship with the United States have faced obstacles since he assumed power in 2017. Many high-ranking officials in the ruling Zanu PF party, as well as some government officials, are already subject to U.S. sanctions, preventing them from travelling to the United States for personal reasons.
The strained relationship between the two countries has been exacerbated by Zimbabwe’s deteriorating human rights record and the disputed August elections, which did not meet international standards. These ongoing issues have contributed to the persistence of tensions between Zimbabwe and the United States.
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