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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

Suspected ZANU PF youths on Friday disrupted public hearings on the Private Voluntary Organisations Amendment Bill in Gweru and Harare.
The PVO Amendment Bill, gazetted on 5th November 2021, seeks to regulate the operations of civic groups and non-governmental organisations (NGOs).
As reported by <a href="https://www.newsday.co.zw/local-news/article/200027071/zanu-pf-youths-disrupt-pvo-bill-hearings">NewsDay</a>, in Gweru, the meeting was abandoned after the ruling party youths heckled the officials led by Senator Sisasenkosi Ndebele, forcing her to leave the venue of the meeting.
In her welcome remarks, Ndebele had said the meeting was non-political and participants were “free to air their views”.
After disrupting the meeting, the youths reportedly started singing in support of President Emmerson Mnangagwa asking why “people hated him”.
During the meeting, the ZANU PF youths would clap their hands when fellow party members were making their submissions but boo other participants’ contributions.
In their support of the Bill, the youths unanimously said it would “curb terrorism” by monitoring the activities of non-profit organisations.
They maintain that NGOs harbour a “regime change agenda” through support from “hostile Western countries”.
In Harare, police had to be called in after suspected ZANU PF youths disrupted the public hearing held at the Ambassador Hotel.
The hearing was abandoned after participants largely from ZANU PF and some religious sects started singing party songs in response to a young woman who had criticised the Bill.
The young woman had said the Bill gave the responsible minister overarching powers to interfere in the work of civic groups.
She left the room fearing for her life following the heckling by ZANU PF supporters.
Critics of the Bill argue that it undermines freedoms of expression and association and gives the government unjustifiable control over the operations of civic groups.
Among other provisions, the PVO Bill stipulates that NGOs and civic society organisations (CSOs) should disclose their sources of funding.
The organisations are required to sign a memorandum of understanding (MoU) with the government defining their activities and zones of geographic coverage.
The Bill gives the government the authority to “deregister any private voluntary organisation that fails to comply with its conditions of registration.”
In February 2023, President Emmerson Mnangagwa said that he would “speedily” sign into law the Private Voluntary Organisation Bill (PVO) once it reaches his desk.
He said no amount of pressure from foreign governments will stop the signing of the Bill into law.
However, when the Bill eventually reached his desk, Mnangagwa did not sign it but referred it back to Parliament for reconsideration after he raised reservations about certain aspects of the Bill.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Rowdy ZANU PF Youths Disrupt PVO Bill Hearings

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

Leaders of various Civil Society Organisations (CSOs) met President Emmerson Mnangagwa at State House in Harare on Friday.
<a href="https://www.newsday.co.zw/local-news/article/200009072/csos-meet-ed-over-pvos-bill">NewsDay</a> reported that the meeting was a last-minute bid by CSOs to persuade Mnangagwa to stop signing the Private Voluntary Organisations (PVO) Amendment Bill into law.
The Bill is currently being scrutinised by the Attorney-General’s (AG) office after it sailed through Parliament.
In a tweet, the permanent secretary of the Ministry of Information, Publicity and Broadcasting Services, Ndavaningi Nick Mangwana confirmed the meeting. He wrote:
<blockquote>
Late this afternoon HE President Emmerson Mnangagwa met and engaged with representatives of CSOs in Zimbabwe at State House.
The subject of the engagement was the PVOs Bill which is currently being tidied up by the AG. The meeting was cordial and good-natured.
</blockquote>
Some of the CSOs leaders who attended the meeting include Jenni Williams (Women Arise Zimbabwe), Isaac Maphosa, and Musa Kika (Zimbabwe Human Rights NGO Forum).
The trio reportedly refused to disclose the outcome of their meeting with Mnangagwa.
But representatives from Crisis in Zimbabwe Coalition were excluded from the meeting.
Critics of the amended PVOs Bill say it will enable the government to severely restrict the operations of civil society organisations.
The government will be able to deregister CSOs perceived as rogue or susceptible to money laundering and funding terrorism.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Civil Society Organisations Leaders Meet Mnangagwa Over PVOs Bill

A non-governmental organisation, Amnesty International, has urged President Emmerson Mnangagwa to reject the Private Voluntary Organisations (PVOs) Amendment Bill saying it shrinks the democratic space in Zimbabwe.
The PVOs Amendment Bill sailed through Senate recently, with all Senators except Morgen Komichi (MDC Alliance) voting for it to be passed into law, according to <a href="https://www.newzimbabwe.com/amnesty-international-pleads-with-ed-to-block-pvo/">NewZimbabwe.com</a>.
The Bill now awaits the assent of President Mnangagwa to become an Act.
Tigere Chagutah, Amnesty International’s Director for East and Southern Africa, said the Bill if passed into law in its current form, will have dire consequences for civic society organizations in Zimbabwe. Said Chagutah:
<blockquote>
The PVO Amendment Bill in its current form threatens civic society organizations working on human rights in Zimbabwe.
The proposed bill, if it becomes law, will have dire consequences, including restricting civic space and access to humanitarian support services in Zimbabwe as it will immediately render all Non-Governmental Organizations (NGOs), not registered as PVOs, illegal.
This Bill, if passed by the president, could be used to deny registration of human rights organizations due to the work that they do, including defending rights such as freedom of expression, association and peaceful assembly.
The Bill would also exacerbate the growing crackdown on civil society organizations, increase human rights violations and make it more difficult for the people to hold the government to account.
There is a risk that employees and board members of NGOs could be arrested and subjected to punitive measures, including imprisonment, simply for doing their work.
President Mnangagwa must use his leadership position to reject this Bill as it is repressive. The President must ensure that this Bill is never signed into law.
Any future law must fully reflect international human rights standards and reaffirm the country’s human rights obligations towards the promotion and protection of the human rights of everyone including those who work to defend the rights of other people.
NGOs must be allowed to operate freely and to do their work without any reprisals.
</blockquote>

Amnesty International Urges Mnangagwa To Reject PVOs Amendment Bill

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