Zimbabwe Lawyers for Human Rights (ZLHR) have condemned the recent passing of the controversial Private Voluntary Organisations (PVO) Amendment Bill by the Senate without any debate.
In March 2024, the government gazetted the Private Voluntary Organisations Amendment Bill, which seeks to amend the Private Voluntary Organisations Act.
This followed the lapsing of the Private Voluntary Organisations Amendment Bill of 2021, to which the President raised reservations and did not assent.
On October 17 this year the Senate fast-tracked and passed the PVO Amendment Bill.
There was no clause-by-clause reading captured in the Hansard.
The Bill has now passed Parliament houses despite the flawed consultation and public hearing processes which were marred with violence.
Its passage will allow President Emmerson Mnangagwa to sign it into law.
The rights lawyers, in a statement, said they were disturbed by how events have unfolded.
"ZLHR is seriously concerned at the whirlwind speed of deliberations in the Senate House, which took place without much debate and scrutiny.
"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," said the lawyers.
They also feel that 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.
"ZLHR is greatly perturbed that the provisions of the PVO Amendment Bill have adverse effects on the operations of CSOs, and ultimately, the impact of the legislation will result in the shutting down of civic space, which has been progressively shrinking since August 2018," said ZLHR.
Among other things, the Bill has provisions that legitimise excessive interference by the executive in CSO operations and criminalisation of CSO work and office bearers, including curtailing the freedom of association of CSOs.
The Bill also seeks to entrench executive powers in the registration of PVOs through the office of the Registrar.
ZLHR said the PVO Amendment Bill contravenes Zimbabwe's international obligations regarding the right to freedom of association.
"It completely and wantonly disregards the provisions on association enunciated in the African Commission on Human and Peoples Rights' Guidelines on Freedom of Association and Assembly in Africa.
"The Bill strikes at the heart of civil society's ability to operate freely and effectively."
ZLHR noted that it is prudent for the government to appreciate that Zimbabwe has a vibrant civil society that serves its citizens and contributes to improving and boosting the ailing economy.
"Civil society contributes to protecting human rights and delivering critical services. It provides essential checks and balances on state and non-state actors' worsening human rights violations.
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"The justification for the PVO Amendment Bill, by the Minister of Justice Legal and Parliamentary Affairs - Ziyambi Ziyambi- is that it seeks to respond to the Financial Action Task Force (FATF) Recommendations and Standards.
"The role of FATF is to assist authorities in pursuing the illicit financial flows of criminals involved in illegal drug trafficking, human trafficking, terrorism and other crimes, and FATF also works to stop funding for weapons of mass destruction," they said.
They also said Zimbabwe already has an adequate regulatory framework of money laundering and counter-terrorism laws, which can easily be applied to the sector.
ZLHR urged government has also been urged to foster an enabling civic space and stop interfering with CSOs right to freedom of association and instead enact laws which facilitate rather than hamper the exercise of rights to freedom of association among other things.
