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.