freedom of assembly

• USA: ‘Our aggressive tactics helped amplify the demands of the broader climate movement’

  CIVICUS speaks with Evan Drukker-Schardl of Climate Defiance about the disruptive tactics the organisation uses to put climate change on the agenda.

  Climate Defiance is a youth climate organisationdetermined to challenge political betrayal and fight for a just world. Through mass protest and peaceful direct action, it seeks to force politicians to address the existential climate crisis, rejecting the constraints of current political realities in favour of transformative change.

  What makes Climate Defiance different from other climate action groups?

  Climate Defiance takes a direct approach, confronting climate criminals wherever they are – whether they are being honoured by industry peers or speaking in public. We challenge their presence in society and highlight the damaging impact of politicians and fossil fuel executives on our collective future.

  This approach has resonated widely, particularly online, where millions have supported videos of young activists confronting those responsible for endangering their future. It has also allowed us to amplify the climate movement’s demands. Notably, our protests have had tangible results, such as the resignation of Harvard professor Jody Freeman from the board of ConocoPhillips. Similarly, Assistant Secretary of the Interior Tommy Beaudreau resigned just 15 days after we disrupted his participation at an event.

  What are your demands, and how has the US government responded to them?

  Our demands focus on ending coal, gas and oil infrastructure, both in specific cases and as a general policy. We have also joined others in calling for an end to new liquefied natural gas (LNG) export permits. Over the past year, we have consistently raised these issues, most notably during a meeting at the White House where we repeatedly stressed the need to address LNG exports. Shortly afterwards, the Biden administration announced a moratorium on new permits.

  While Climate Defiance cannot take sole credit for these developments, our aggressive tactics have helped amplify the demands of the broader climate movement. We understand we are not here to make friends; rather, we are focused on forcing those in power to listen and respond to our demands.

  Although the Biden administration and Congress may not meet all our demands, we have made it clear they have no choice but to address our concerns, even if it goes against the interests of fossil fuel companies that hold significant power. Our actions ensure that those in power are aware of and accountable to the demands of the climate movement.

  What forms of protest have you undertaken so far, and why?

  So far, our protests have taken a variety of forms, all aimed at holding climate criminals accountable. For instance, we recently targeted Senator Lisa Murkowski, who was instrumental in getting the Biden administration to approve the Willow Project in Alaska, allowing new drilling on federal lands. She was receiving an award at a non-profit gala in Washington DC, presented by Chevron’s top lobbyist. We interrupted her speech with a banner that read ‘Murkowski is a murderer’. This direct action brings our energised activists to where the powerful are being honoured and exposes the truth about their destructive actions.

  Similar actions led to the resignations of Beaudreau and Freeman. While we don’t expect Murkowski to resign, our actions ensure she cannot expect to go unchallenged in public forums. We specialise in these confrontational tactics, disrupting events like the Congressional baseball game, a bipartisan event attended by numerous climate offenders from both parties. This game symbolises a political consensus that perpetuates fossil fuel subsidies at the expense of our planet and its people.

  We’re present at such events to demand an end to these subsidies and highlight the bipartisan support for policies that harm our environment. While we cannot predict the immediate outcome of these protests, they are essential in raising awareness and pressuring policymakers to prioritise climate action over corporate interests.

  Are you seeing restrictions on protests?

  Climate Defiance has so far managed to protest effectively while minimising the risk of arrest for our activists. Avoiding arrest ensures the safety of our activists and conserves our resources and capacity.

  However, the broader protest landscape in the USA has seen concerning developments, particularly in relation to the Gaza and Palestine solidarity movements. Across university campuses in the USA and around the world, there has been a noticeable shift in how disruptive and confrontational protests are handled. Authorities have responded with excessive force and repression, seeking to silence criticism and dissent.

  While Climate Defiance focuses on confronting climate criminals, it is important to recognise and condemn any undemocratic actions taken by those in power to stifle legitimate dissent. Such behaviour reflects poorly on the democratic principles that should underpin society, and those responsible should be held to account.

  We stand in solidarity with all people protesting against genocide in Gaza. It is unconscionable that university administrations, police forces and politicians are brutalising and targeting student protesters instead of listening to their principled calls for justice and an end to massacres in our name and on our dime. Crackdowns on college campuses are a threat to us all and should alarm people even if they are not part of the Palestine solidarity movement in the USA.

  How has the public reacted to your protests?

  Public reaction to our protests has been mixed. While some people appreciate our direct approach and see the urgency of our cause, others are uncomfortable with our disruptive tactics. We build relationships with politicians who want them and whose values align with ours, but we are not afraid to criticise those in power who further the destruction of our planet, wherever they are on the political spectrum. Our priority is to be vocal, public and disruptive to drive home that our lives depend on transformative action now to end fossil fuels.

  Regardless of whether people agree with our methods, we have been able to achieve tangible results. Even those who don’t support us cannot ignore the impact we are having. We believe that discomfort can be a catalyst for change. We challenge people to confront uncomfortable truths to motivate them to act.

  Ultimately, our aim isn’t to win a popularity contest but to insist that everyone, regardless of their background, deserves a healthy and prosperous future. We see protest as a means of subversion, a way of challenging the status quo and demanding a better world for future generations and ourselves.

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  Civic space in the USA is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with Climate Defiance through itswebsite orFacebook page, and follow @ClimateDefiance onTwitter,Instagram andTikTok.

• Worrying legislation to restrict Nigerian civil society sector underway

  CIVICUS, the global civil society alliance and the Nigeria Network of NGOs (NNNGO) are deeply concerned about impending legislation to restrict freedom of association in Nigeria.

  Nigeria’s National Assembly is currently considering a bill to provide for “the establishment of the Non-Governmental Organisations Regulatory Commission for the Supervision, Coordination and Monitoring of Non-Governmental Organisations, Civil Society Organisations etc. in Nigeria and for related matters.” First introduced in July 2016, the bill has since passed through the second reading in the House of Representatives. The bill has now been referred to the Committee on CSOs and Development Partners for further legislative input.

  “The bill is in conflict with Nigeria’s Constitutional and international law obligations,” says Oyebisi Oluseyi, Executive Director of NNNGO. “We must instead strengthen civic space in Nigeria, as our sector’s role in finding solutions to the enormous challenges facing our nation cannot be overemphasized”.

• ZIMBABWE: ‘Election violence is a cover for ideological ambivalence and lack of substantive programmes’

  CIVICUS speaks about the general election in Zimbabwe and the role of civil society with Wellington Mbofana, former director ofthe Civic Education Network Trust (CIVNET), a civil society organisation (CSO) that recently shut down due to lack of funding, and a former board member of several Zimbabwean CSOs.

  What was at stake in this election?

  It’s difficult to pinpoint a single crucial issue that was at stake. Over a considerable period, Zimbabwean elections, much like those in other parts of Africa, have ceased to revolve around substantive issues and have instead become centred on political parties and personalities. This trend is evident in this election, in which major political parties failed to present their manifestos in a timely manner. The main opposition party, Citizens Coalition for Change (CCC), unveiled its programme merely two weeks prior to voting, while the ruling Zimbabwe African National Union-Patriotic Front (ZANU PF) didn’t even bother.

  Given the crumbling state of the economy, reflected in record-breaking unemployment, pervasive economic informality, escalating poverty, the world’s second-highest inflation rate and a sense of hopelessness, economic strife remained the most prominent concern for voters. Ideally, the competition should have revolved around two or three contrasting strategies for addressing these economic woes. However, what we observed was a cloud of obfuscation. The ruling party advanced a narrative that conditions are improving and investors are flocking to the country, but progress would be even greater if it weren’t for sanctions imposed by Western states. The opposition pledged to outperform ZANU-PF across all fronts. But neither specified how they would fund their proposed initiatives.

  To deal with Zimbabwe’s predicament effectively the government would need to confront a range of issues, including land reform and productivity, water shortages, electricity generation, infrastructure development and urbanisation and, most importantly, guarantee the required funding.

  It should have been important to ensure the meaningfulness of this election because when elections fail, civil unrest and coups ensue, a truth that Africa has repeatedly witnessed.

  Was there any election-related violence?

  The prevalence of violence in all its manifestations – physical, structural and cultural – remains an unfortunate hallmark of Zimbabwean elections. Lives have been lost, injuries endured and property destroyed as a result.

  It is also important to note that because of its fractured politics, the country is in a perpetual election mode. Over the past five years, we have had multiple recalls from parliament and local authorities, leading to by-elections. Instances of intra-party violence have also occurred during parliamentary and primary elections. The culture upholding the idea that wielding the strongest fist is the key to ascending to power must change. Violence is a cover for ideological ambivalence and lack of substantive programmes. Who needs a manifesto when you can use force?

  What tactics did the government use to stifle dissent in the run-up to the election?

  The ruling party stands accused of engaging in lawfare, a tactic that uses laws to constrain the opposition and human rights defenders. These efforts are facilitated by an allegedly captured judiciary. A prominent CCC legislator, Job Sikhala, along with other political activists and human rights defenders, languish in remand prisons on spurious allegations after being denied bail.

  The government introduced controversial laws aimed at silencing dissent. The Private Voluntary Organisations Amendment Bill and the Criminal Law (Codification and Reform) Amendment Act, commonly called the Patriotic Bill, are clearly designed to deal with critics of the government.

  The Patriotic Bill came into force on 14 July 2023. With this bill, the government created a new crime of ‘wilfully injuring the sovereignty and national interest of Zimbabwe’.  The scope and definition of this offence is vague. There are valid concerns that law enforcement agencies will interpret the law broadly and use it to stifle and penalise the work of independent civil society.

  Citizens and permanent residents of Zimbabwe will be found guilty if they participate in meetings aimed at discussing or plotting armed intervention in Zimbabwe, subverting or overthrowing its government and implementing or extending sanctions or trade boycotts against Zimbabwe. A meeting encompasses any form of communication involving two or more people, regardless of whether it takes place offline or online.

  Participating in discussions about armed intervention can result in life imprisonment or the death penalty if the meeting involves planning such an intervention. Discussing subversion or overthrow of the government is punishable by up to 20 years in prison. Taking part in meetings discussing sanctions or trade boycotts can lead to a fine of up to US$12,000 or up to 10 years in prison, or both. Aggravated offences may lead to consequences such as the termination of citizenship for those who are not citizens by birth or descent, cancellation of residence permits for non-citizens and disqualification from voting or holding public office for five to 15 years.

  In the hands of overzealous and partisan law enforcement agents, this punitive law is very dangerous. It seems to target not only the opposition and civil society but also factions within the fractured ruling party and the military. It likely seeks to prevent a recurrence of a military-assisted transition, which brought the current government to power in 2017. That coup was willingly accepted by powerful global players, including the African Union and the Southern African Development Community (SADC), which inadvertently endorsed the idea of military change of power.

  How did Zimbabwean civil society engage with the electoral process?

  Civil society was actively involved in electoral activities throughout the electoral cycle. CSOs play a pivotal role in providing voter education, observing elections, advocating for electoral reforms, safeguarding human rights and offering legal, medical and psycho-social assistance to victims of human rights violations.

  Both local and international observers were generally allowed and accredited. However, there were isolated cases, such as the denial of accreditation to Musa Kika, allegedly due to security risks, while some local citizens encountered intimidation, harassment and threats from unidentified people after engaging with international observers.

  But unfortunately, the last couple of years have been very difficult for Zimbabwean. Several CSOs have shut down. CIVNET, a major organisation providing civic education, closed its doors this year due to lack of funding.

  The Zimbabwean economy is too fragile to support a strong civil society, which heavily relies on international donors and solidarity. Further international support should be rendered to all groups promoting development, good governance, human rights, justice and the rule of law. The international community should also amplify local voices and exert pressure on the Zimbabwean government to act in accordance with international human rights and democratic standards.

  What did CIVNET work on?

  CIVNET operated through three main programmes: the Citizen Participation Programme, including two projects on constitutionalism and voter education, the Leadership Development Programme and the Peace Building Programme.

  The Citizen Participation Programme encouraged citizen engagement in governance and development, fostering collaboration between communities and local authorities through participatory workshops and development projects. The Constitution and Constitutionalism Project aimed to raise awareness about the significance of the new constitution and share information on how to use it to exercise human rights and honour obligations as citizens.

  The Leadership Development Programme enhanced leadership skills of people engaged in community projects. Our graduates now lead various Zimbabwean CSOs and work in local authorities and parliament. CIVNET contributed to the formation and development of CSOs such as the Zimbabwe Election Support Network, the Zimbabwe Peace Project and the Media Monitoring Project of Zimbabwe. It was also a key member of the Zimbabwe Human Rights NGOs Forum.

  The Peace Building Programme helped people and communities divided by conflict to reach out to each other and mend broken relations. This was done through creatively designed workshops that provided security and safety to both victims and perpetrators of violent conflicts. Mediators were also trained to address local disputes, resulting in transformed relationships and improved dialogue within previously divided communities.

  To what extent could the election be called free and fair?

  The concept of free and fair elections involves political freedoms and fair processes prior to elections, culminating in the casting of votes by well-informed eligible voters able to vote freely for candidates and parties of their choice. A transparent tally of all valid votes, accurate result announcements and universal acceptance of the election outcomes by all parties are integral components of this concept.

  Past elections in Zimbabwe have been contested at courts and other institutions. For Zimbabwe to uphold its position within the international community, this election would have to gain universal recognition as credible, legitimate and conducted in a free and fair manner. It would be key to ensure the acceptance of its outcome and secure peace and stability to attract investors.

  The 2023 election was disputed in the legal arena even before a single ballot was cast. This may be a harbinger of future developments. On 12 July, the Electoral Court disqualified a presidential candidate, Savior Kasukuwere, whose participation had been previously permitted by the Nomination Court. Then the High Court disqualified 12 CCC parliamentary candidates, ostensibly for late filings, although the Nomination Court had accepted their submissions. Both decisions favoured the ruling party. However, following an appeal, the Supreme Court overturned the High Court’s verdict on the 12 CCC candidates, leading to their reinstatement on the ballot. On 19 July the electoral court ruled in favour of a leader of the opposition United Zimbabwe Alliance party, Elizabeth Valerio, whose candidacy had been initially rejected by the Zimbabwe Electoral Commission (ZEC), also for alleged untimely filing.

  Declaring the election to be free and fair would be unreasonable given the political environment characterised by violence, intimidation and voter suppression, non-transparent processes with the electoral roll and ballot paper printing, pre-voting by security personnel, biased media coverage, opposition rallies barred by the police, vote buying through handouts, influence from traditional and religious leaders on voters, misuse of government resources for party campaigns and indications that some parties will reject any outcome other than their own victory, implying that the ruling party wouldn’t have handed over power if it had lost. Indeed, SADC decided to abandon the term ‘free and fair’ regarding Zimbabwean elections, instead referring to them as ‘legitimate’.

  What electoral reforms are needed?

  Adherence to rule of law and impartial management of elections is essential. The ZEC should enforce the Electoral Code of Conduct, safeguarding the right for all to express their political views and campaign freely. It must also ensure fairness by curbing the misuse of state resources, preventing intimidation, harassment and destruction of campaign materials and improving voter education.

  The police should fulfil their constitutional duties impartially, without bias, fear, or favour. Political parties should adhere to the Code of Conduct for Political Parties and Candidates. This entails refraining from violence, misuse of public resources for partisan ends, coercion and intimidation of the electorate and inciting violence through hate speech and derogatory language.

  Were there any issues with people being prevented from voting, and what do you expect to happen next?

  A high turnout was to be expected given the high stakes. The economy has done its own campaign, motivating people to participate. The ruling party also mobilised people, especially in rural areas, by any means necessary.

  However, many voters might not have been able to locate their names on the register. The polling station-based system is such that people living in a specific neighbourhood can only vote at a certain polling station. In the 2018 election, a lot of people found their names had been removed from their usual stations without a change having been requested, while others who requested changes after moving to other districts saw those changes unimplemented. Following the election, many constituencies and councils had elected representatives recalled by political parties in power. Since there are no guarantees that this won’t happen again, some people may have been discouraged from voting.

  Based on experience, disputes around results and their resolution by the courts are to be expected. Given that the judiciary is perceived to be captured and judges were given significant ‘housing loans’ before the election, judgements against the opposition are also rightly likely to be perceived as unfair.

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  Civic space in Zimbabwe is rated ‘repressed’ by theCIVICUS Monitor.

• ZIMBABWE: ‘This so-called election was a circus and a waste of resources’

  CIVICUS speaks about Zimbabwe’sAugust general election and its aftermath with Obert Masaraure, national president of Amalgamated Rural Teachers Union of Zimbabwe and spokesperson of the Crisis in Zimbabwe Coalition, which brings together 84 Zimbabwean civil society organisations (CSOs).

  What was at stake in this election?

  This was an important election. We were expecting both a democratic and an economic breakthrough after years of dictatorship and economic stagnation. Millions of young people are dropping out of school, thousands are dying after failing to secure healthcare and millions are unemployed. We expected change to happen.

  But we were disappointed. Civil society tried to engage with the electoral process and play a monitoring role but was criminalised. Those who were doing voter tabulation were arrested. After the Election Management Board barred civil society groups we had to monitor the electoral process clandestinely. In the run-up to the election we also did a lot of voter education. We managed to generate excitement among voters, but on voting day they were frustrated.

  What’s your assessment of the credibility of the results?

  According to the results announced by the Zimbabwe Electoral Commission (ZEC) on 26 August, President Emmerson Mnangagwa of the Zimbabwe African National Union-Patriotic Front (ZANU-PF) received 52.6 per cent of the vote, while the leading opposition candidate, Nelson Chamisa of Citizens Coalition for Change (CCC), received 44 per cent. But these results are not credible because the polls were held on a flawed electoral field and the ZEC failed to discharge its duty to run a reasonably free and fair election, as evidenced by multiple acts and omissions.

  First, the ZEC didn’t supply ballot papers or the voter roll in time to many polling stations in the provinces of Bulawayo, Harare and Manicaland, which are traditional opposition strongholds. This was a clear attempt to suppress voters and help the incumbent stay in power.

  The Electoral Act mandates ZEC to display the voter roll at all polling stations 48 hours before the polls open, but most polling stations only received it on election day. This had consequences for the opposition, because in urban areas, where the opposition is stronger, at least 180,000 voters couldn’t find their names at the designated polling stations on election day. Their names had been moved after a shambolic delimitation process but as voter rolls had been unavailable until the last minute, these voters were unable to locate their new polling stations.

  According to a ZEC statement, only 23 per cent of polling stations opened on time in Harare, with 75 per cent doing so in Bulawayo and 85 per cent in Manicaland. Some polling stations in Harare were still waiting for ballot papers as late as 6pm, one hour before closing. In contrast, in the majority of the ruling party’s strongholds, typically in harder-to-reach areas, election materials were received early and all polling places were open at the scheduled time.

  In urban areas there were waiting times of up to 12 hours. Many people were unable to vote within that period and voting had to be extended to 48 hours. In rural areas, where the ruling party is strongest, the maximum waiting period was 30 minutes. Additionally, an estimated 42,000 civil servants who were working as polling officials could not vote after the ZEC refused to facilitate their voting.

  The overall impact of this was to disenfranchise millions of voters and suppress opposition voters while encouraging those of the ruling party.

  There were also lots of fraudulent and deceptive practices. There were cases where local candidates were taken off the ballot, as happened to CCC’s Shepherd Sithole in ward 1 of Bulawayo. A shocking incident was also recorded in which party symbols for ZANU-PF and the CCC were switched, confusing voters and making it impossible to record their actual choice.

  There were reports from at least 50 polling stations in rural areas that the supposedly indelible ink used could easily be washed away. This was suspected to be a deliberate attempt to allow rural voters to vote multiple times to inflate the results for ZANU-PF. The postal ballot mechanism also appeared to be abused for ballot stuffing, as at least 35 polling stations reported receiving more postal ballots than they had voters registered.

  There were numerous instances of intimidation at polling stations. A ZANU-PF affiliate, Forever Associates Zimbabwe (FAZ), set up ‘exit survey tables’ in at least 1,340 polling stations. Individual voters were asked to declare who they had voted for and provide their personal details. FAZ also recorded the serial numbers of voters’ ballot papers and told voters they would be able to tell who they voted for. Needless to say, this intimidated voters who have experienced a long history of serious political violence.

  This was a sham, not an election. It was a circus and a waste of resources that subverted the will of the people and illegally kept the incumbent in power.

  What needs to happen next to bring about democracy in Zimbabwe?

  The Crisis in Zimbabwe Coalition has demanded the immediate announcement of a date for a fresh free, fair and credible election. We must put an end to the long history of disputed elections in Zimbabwe and usher in a legitimate government that can lift Zimbabwe up from the category of a pariah state, rebuild its economy and improve the lives of its people.

  Zimbabwe needs an inclusive national dialogue to broker a political settlement leading to credible elections supervised by the Southern African Development Community and the African Union. Zimbabweans should play their role in exerting pressure on the government to force it to agree to dialogue.

  Zimbabwean pro-democracy organisations must be strengthened through international support so that they can play their proper role in a transition to democracy. The international community is also invited to exert pressure so that the government agrees to engage in an inclusive national dialogue. And while it does not, the international community must isolate the country from the family of nations. A dictatorship does not deserve a seat on any international platform.

  Civic space in Zimbabwe is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Obert Masaraure through itsFacebook page and follow@omasaraure on Twitter

• ZIMBABWE: ‘We need CSOs to continue working and defending people’s rights’

  CIVICUS speaks about a proposed NGO bill and the threat it represents for Zimbabwean civil society with Ernest Nyimai, the Acting Executive Director of Zimbabwe’s National Association of Non-Governmental Organisations (NANGO).

  NANGO is the umbrella body of civil society organisations (CSOs) operating in Zimbabwe, mandated by its membership to coordinate CSO activities, represent the sector and strengthen its voice.

  How do you think the proposed NGO bill would affect civic space in Zimbabwe?

  In our view as the umbrella body of CSOs operating in Zimbabwe, the proposed Private Voluntary Organization (PVO) Amendment Bill presents the danger of further shrinking civic space should it sail through in its current form. The bill will put at further risk the fundamental freedoms that civil society is supposed to have to be able to do its work to improve people’s lives. This is due to quite significant proposed amendments that in our view are repressive. 

  Currently, more than 60 per cent of NANGO members are legally registered as trusts, and some are registered under Common Law Universitas. If this bill is passed as it is, they will be automatically deregistered and required to apply for re-registration under the new proposed PVO guidelines.

  The PVO Amendment Bill proposes to criminalise CSOs that support, oppose or finance a political party or candidate. The clause does not clearly specify what supporting or opposing a political party or candidates entails. If a CSO opposes a party’s policy or governance practice, does this amount to opposing a political party? If a CSO gives legal support in an election challenge, does this amount to supporting a political party or candidate? This provision can be abused, especially against CSOs that work on democracy, governance and human rights issues. This provision is contrary to the right to the freedom of association provided for in section 58 of the Constitution of Zimbabwe. The imposition of harsh penalties such as imprisonment for violation of this provision without any justification or regard to civil remedies or administrative fines is grossly arbitrary.

  Another reason the PVO bill can affect civic space is that it is phrased in a way that would make room for selective application during its administration. If an organisation is deemed to be operating outside its mandate, its board can be immediately suspended and an interim one can be appointed to act in its stead while a final decision is made. But procedures are not clear, so there is room for the responsible minister, the Minister of Public Service, Labour and Social Welfare, to arbitrarily suspend an organisation’s board due to personal interests. This kind of interference in the operation of CSOs would limit their independence and autonomy. 

  The PVO bill was prompted as a way to ensure compliance with Recommendation 8 of the Financial Action Task Force (FATF), which requires governments to review the adequacy of laws and regulations that govern non-profit organisations so that these organisations cannot be abused for money laundering and financing of terrorism. But in my view, the government deployed an omnibus approach to pursue many other interests besides the fulfilment of FATF Recommendation 8 requirements.

  The bill in fact violates the FATF’s balanced approach, which stipulates the need to maintain an enabling operating environment to fulfil FATF requirements. The government has not concluded a risk assessment indicating which CSOs are at risk of being used for money laundering and financing terrorism. This is the ideal procedure as required by FATF to ensure the application of the risk-based approach to mitigating vulnerabilities to money laundering and financing of terrorism.

  How would the PVO Bill, if implemented, affect NANGO’s work?

  NANGO is registered under the existing PVO Act. But if the amendment bill goes into effect, many of our members will be automatically deregistered, which will have immediate repercussions on NANGO, whose greatest strength is precisely our membership. Besides, there are various clauses that impose sanctions and restrictions in terms of programming areas and NANGO is of no exception to this potential criminalisation of CSO work.

  The new legislation will also weaken our eligibility for funding due to increased government interference in the operations of CSOs. The donor agencies we work with require recipient organisations to be independent and autonomous for the purposes of grant compliance. But the implementation of the new proposed PVO Amendment bill will potentially affect our independence and limit our autonomy. Development partners and donors may decide to stop funding CSOs in Zimbabwe if they view it as becoming too risky.

  As CSOs we exist to protect the rights and dignity of people. If the new bill forces many CSOs to stop operating, the vulnerability of communities they serve and human rights abuses will likely increase. We need CSOs to continue working and defending people’s rights in an enabling operating environment. CSOs promote and protect human rights, but through the increased surveillance of CSO operations by security agencies, many activists, human rights defenders and civil society members will be abducted and tortured, and the security threat will increase.

  How is civil society responding to this threat?

  We have used a multifaceted approach, taking advantage of the various strengths we have as a large and diverse group of organisations. In the initial stages, we tried to push back against the PVO bill in many ways, including through litigation to expose the ways in which it would violate constitutional provisions. We also assessed the bill against the core humanitarian standards that we adhere to as CSOs.

  Unfortunately, the bill has nonetheless progressed, so we are currently conducting scenario planning in which the law might be passed. Most of our efforts are focused on engaging, having a dialogue and negotiating with government officials for revision of repressive clauses of the bill. The bill is currently being debated in parliament following its second reading, so we are also advocating with parliamentarians to get them to really understand how this bill is going to affect the work of CSOs and those they work with.

  We are also engaging with the body that administers the PVO Act, the Ministry of Public Service, Labour and Social Welfare, which played a key role in drafting the bill. We are trying to engage it in discussing the potential political, social and economic impacts of the bill. CSOs are a significant contributor of foreign currency in Zimbabwe: close to one billion dollars per year are coming in the form of official development assistance that is channelled towards various programmes implemented by CSOs. CSOs employ around 18,000 people. If they shut down or their activities are limited, barriers to overcoming unemployment will rise. Our desire and hope is to have an enabling instrument guaranteeing the space for civil society to continue its good work.

  How can the international community help Zimbabwean civil society?

  Zimbabwe is a member of various regional and continental organisations, which we have used to our advantage. We have engaged with regional and continental pressure groups, and especially the FATF, and they have shared their technical expertise on advocacy and lobbying, while also leveraging their convening power to help us engage with our government.

  The international community should continue to assist us as mediators, especially in light of the hostility and limited confidence and trust between civil society and the government. It is very important that they highlight how the bill will affect the general role of CSOs in Zimbabwe. There is also politicisation of CSO work due to misinterpretation of the general role of CSOs in the national development discourse. For example, civil society has the key responsibility of holding the government accountable and advocating for people’s rights, and this bill threatens our ability to fulfil it. We need regional, continental and global organisations to help us advocate with the Zimbabwean government to ensure an enabling operating environment for civil society in line with the ‘whole of society’ approach that the government subscribes to.

  Civic space in Zimbabwe is rated ‘repressed’ by the CIVICUS Monitor.
  Get in touch with NANGO through itswebsite orFacebook page, or by emailing, and follow@ErnestNyimai and@nangozimbabwe on Twitter.