Zimbabwe

• After elections, hard work starts for Zimbabwe’s civil society

  By Teldah Mawarire, CIVICUS Campaigns and Advocacy Officer

  For many Zimbabwean voters, casting their ballots on July 30 is sure to be a somewhat surreal experience. For the first time since the country’s independence, the ever-present face of Robert Mugabe will not be staring back at them on the ballot paper. But that new experience – while perhaps inspiring hopes for positive change among some – is likely to be preceded by an old, familiar feeling of déjà vu. The road to the 2018 general election has been littered with the same potholes of electoral irregularities and restrictive laws of previous polls.

  Read on: Inter Press Service 

• Alarming trends facing protest movements

   

  40th Session of the Human Rights Council
  Statement delivered during General Debate (Monday 11 March)

  CIVICUS is deeply alarmed that protest movements find themselves on the frontlines of a global attack on democracy and human rights. Across the world, protest movements are being met by campaigns of violence and aggression from states that are increasingly brazen about defying global human rights commitments.

  At a time when many hard-won gains are being directly threatened by state and non-state actors, we urge the states present here today to recall that it was people organising in protest and civil disobedience who rolled back slavery, overturned colonial and racist systems of governance, and fought for women’s rights.

  Today, these struggles persist. Yet governments are increasingly responding to legitimate demands of protesters and their movements with absolute intolerance, including extra-judicial killings and torture. 

  CIVICUS echoes the concerns raised by the High Commissioner regarding the brutal crackdown on protests in Zimbabwe, where scores of unarmed civilians have been killed and children as young as 12 arrested, as well as the systemic campaign of brutality deployed against peaceful protesters in Sudan. 

  We ask all states present here today: what measures will you take to ensure that emerging protest movements from Serbia to Algeria to Malawi are nurtured rather than repressed?

• As reprisals continue in Zimbabwe, CIVICUS calls on international bodies to intervene

  🇿🇼#Zimbabwe: CIVICUS stands in solidarity with Zimbabwean activists and condemns the targeting of civil society leaders and journalists. Read more here: https://t.co/sFpPHpEUuH #July31 #31JulyMovement pic.twitter.com/XFQMB7gbrG

  — CIVICUS (@CIVICUSalliance) July 31, 2020

  (Johannesburg 7 August 2020) CIVICUS calls on the Southern African Development Community (SADC) and African Union (AU) to denounce ongoing human rights violations in Zimbabwe and act decisively against the government of President Emmerson Mnangagwa. Increasing human rights abuses in Zimbabwe, together with the silence of the international community, have prompted an online campaign #ZimbabweanLivesMatter. There have been more than 700,000 tweets in the last few days as people from across the world express their solidarity with the people of Zimbabwe.

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• Can Zim exiles finally return home?

  By Teldah Mawarire, Advocacy and Campaigns Coordinator 

  I know many Zimbabweans in the diaspora. I am one of them. Many such exiled Zimbabweans have written public break-up letters with the country of their birth and “filed for divorce” because the relationship had become too “toxic”. With each passing election, nothing changes despite all the promises. Yet with every election, that tortured relationship is rekindled with hope. Perhaps this one will deliver the chance to return home.

  Read on: City Press

• Civic space and fundamental freedoms in Zimbabwe

  Joint Statement at the 41st Session of the Human Rights Council

  CIVICUS and the Zimbabwe Human Rights NGO Forum (the Forum) welcome the High Commissioner’s update. With a continued focus on prevention, we request the High Commissioner and the Council to pay attention to the deteriorating situation in Zimbabwe. The government has continued with its crackdown on civil society in violation of fundamental rights and freedoms.

  The state’s attacks on civil society have been systematic. Since the January 2019 shutdown atrocities where more than 17 people were shot dead and several injured, civil society members across the country have reported an increase in surveillance, abductions, arbitrary arrests and detention and interruption of their meetings by suspected state agents. Their legitimate and vital work of providing oversight, supporting and protecting vulnerable citizens, is now criminalised.

  The nation is currently gripped with a crippling economic situation which is creating a restless population. The response of the government by closing civic space and trampling on fundamental freedoms is deplorable.

  In the same period, Zimbabwe’s state-controlled media has led an onslaught against civil society leaders whom they accuse of planning to topple the government. These baseless allegations have been followed by a spate of arrests of civil society activists.  A total of eleven civil society leaders are currently facing charges designed to criminalise human rights work.

  CIVICUS and the Forum request the members of the Council to pay special attention to the situation in Zimbabwe, to read the warning signs of a deteriorating situation and act accordingly.

  ---

  Civic space in Zimbabwe is rated as Repressed by the CIVICUS Monitor

• Countries that require the attention of the UN Human Rights Council

  39th Session of the Human Rights Council
  Oral Statement  

  Members of the CIVICUS Alliance in Zimbabwe have expressed grave concern for the authorities’ heavy-handed response to protests in Harare one day after presidential elections were held. Military personnel deployed in response to the protests shot live bullets at protesters, killing at least 6 and injuring many others. We call on the government of Zimbabwe to conduct a prompt, credible and impartial investigation in the excessive and lethal use of force during the course of these demonstrations.

  In Bahrain, SALAM for Democracy & Human Rights, a member of the CIVICUS Alliance, has documented cases of arbitrary arrests, detentions, torture and ill-treatment of human rights defenders. All major opposition parties have now been dissolved and stripped of their assets. We are equally concerned that security personnel continue to wilfully arrest, physically assault and even kill demonstrators for exercising their legitimate right to public dissent. We urge the Council going to hold the government of Bahrain fully accountable for any violations of its international obligations.

  Finally, Mr. President, in Bangladesh, over the past year, authorities have used a rage of repressive laws to target and harass journalists and human rights defenders, restrict freedom of assembly and carry out enforced disappearances of opposition supporters ahead of national elections scheduled for late 2018. We call on the government of Bangladesh to drop all unwarranted charges and end the persecution of individuals and groups for exercising their fundamental rights.

• Human rights groups demand Zimbabwe stop violent repression of protesters and respect fundamental freedoms
  • Security forces violently repress protests, killing at least eight and injuring more than a dozen after using live ammunition against demonstrators
  • Hundreds of protesters arrested during a three-day national shutdown called to protest massive fuel price hikes, with reports of security forces assaulting citizens in their homes
  • Leading human rights defender Evan Mawarire among those arrested and charged with public violence
  • Authorities shut down social media sites and the internet, only partially restoring online access after the end of the strike action
  • Crisis in Zimbabwe Coalition and Civil Society alliance, CIVICUS call on South Africa and the African Union to act to prevent more violence

  Crisis in Zimbabwe Coalition and Global civil society alliance, CIVICUS, have called on the authorities in Zimbabwe to exercise restraint and desist from using violence against peaceful protesters who have been demonstrating against a massive increase in fuel prices.

  Security forces used brute force against Zimbabweans who took to the streets during a three-day national strike to protest President Emerson Mnangagwa’s decision to raise the fuel price by more than 150%. This astronomical price hike would see the cost of petrol increase from US$ 1.4 per litre to US$ 3.31 per litre and diesel from US$ 1.36 to US$ 3.31 per litre. The national protests come amidst a deterioration in economic conditions, fuel shortages and ever-increasing prices of food and basic necessities.

  To protest Mnangagwa’s announcement, the Zimbabwe Congress of Trade Unions and activists called for a national shutdown of businesses, schools and places of work.

  In response, security forces used live ammunition on protesting crowds while in the Matabeleland region, in particular, soldiers reportedly invaded protesters’ homes and shot occupants. Yesterday, army and police officers surrounded the home of human rights defender and leader of the #ThisFlag movement, Evan Mawarire, before arresting and detaining him. Mawarire has been charged with inciting public violence through social media and is yet to appear in court.

  Reports from the ground indicate that armed police, soldiers and masked men have caused mayhem as they kidnapped, harassed, intimidated and attacked citizens, while the streets remained heavily militarized.

  “We are alarmed by incidents of extreme violence being reported, which include shooting at peaceful protestors and forcefully removing people from their homes. This is a gross violation of people’s right to organise and freely express themselves, said Lysa John, Secretary General of CIVICUS.

  “Zimbabwean authorities must immediately stop using violence against its citizens and withdraw the military from the streets. We urge the South African government to intervene immediately to contain this crisis. The African Union must act with urgency to ensure that peace returns to Zimbabwe and hold those involved in the killing and harming of civilians accountable for their actions,” John said.

  “We are concerned about threats targeting leaders of civil society, specifically Crisis in Zimbabwe Action leaders and its Secretariat who are falsely accused of hosting numerous meetings with a plan to unseat the Mnangagwa administration.” Said Tabani Moyo, Spokesperson for the Crisis in Zimbabwe Coalition.

  “This statement is quite unfortunate as the public space is awash with our position calling for an inclusive national dialogue with all stakeholders.” Moyo continued.

  In a move reminiscent of the manner in which the previous government of President Robert Mugabe often operated, authorities shut down social media sites and completely cut off access to internet during the mass action. Online access has now reportedly been partially restored but social networks remains inaccessible.

  The CIVICUS Monitor, an online platform that tracks threats to civil society in all countries, has rated civic space – the space for civil society – in Zimbabwe as “Repressed”. This means civil society is significantly constrained and active individuals and civil society members who criticise power holders risk surveillance, harassment, imprisonment, injury or death.

  For more information, please contact:

  Teldah Mawarire

  Grant Clark

  Click here for our Press Centre

  Facebook: https://www.facebook.com/CIVICUS/

  Twitter: @CIVICUSalliance

• Resilience in times of shrinking civic space: How Resilient Roots organisations are attempting to strengthen their roots through primary constituent accountability

  Soulayma Mardam Bey (CIVICUS) and Isabelle Büchner (Accountable Now)

  The systematic crackdown on peaceful protests and demonstrations across the world has shaped our understanding of repression against civil society organisations (CSOs). Yet, less-spectacular restrictions such as increased bureaucratic requirements imposed by governments are not necessarily less threatening to CSO resilience.

  While those tactics significantly hamper CSOs’ ability to operate and can reduce primary constituents' trust in CSOs' ability to represent them legitimately, we also need to acknowledge that these symptoms can stem from our own inappropriate approaches to accountability. When CSOs are not accountable to their roots, this can serve as a breeding ground for governments’ and other non-state actors’ anti-CSOs strategies and rhetoric.  

  The Resilient Roots initiative is aiming to test whether CSOs who are more accountable and responsive to their primary constituents are more resilient against threats to their civic space. 15 organisations from diverse countries and contexts have partnered with us to design and rollout innovative accountability experiments over a 12 month period. These experiments will explore how public support and trust in CSOs can be improved through practising what we call primary constituent accountability, which aims to establish a meaningful dialogue with those groups that organisations exist to support, and increase their engagement in CSO decision-making.

  Accountability and resilience are both highly context-specific and vary not just from country to country but also along an organisation’s thematic focus, size and approach. This means that we need to explore the relationship between accountability and resilience on a case by case basis and across a variety of very different contexts. Keeping this in mind - and without further adieu - read on to meet the some of Resilient Roots Accountability Pilot Project organisations:

  One of these organisations is the Poverty Reduction Forum Trust (PRFT) from Zimbabwe. In the rural area of Dora, in the district of Mutare, they aim to systematically validate actions and strategies through constituent-led monitoring of programme progress. As a platform for civil society that aims to address the root-causes and diverse manifestations of poverty in Zimbabwe, they may face very different challenges from an organisation that works on more politically polarising topics.

  For example, Russian CSO OVD-Info is an independent human rights media project that monitors detentions and other cases of politically motivated harassment, informs media and human rights organisations on the state of political repression in Russia, and provides legal assistance to activists. For the Resilient Roots initiative, OVD-Info seeks to set up a dashboard to serve as a data visualisation tool, which will help evaluate the efficiency of its projects and motivate their constituents to play a stronger role in the organisation’s decision-making.

  In contrast to the technology and data-driven approach of OVD-Info, FemPLatz is a women’s rights organisation from Serbia that seeks a more direct and personal approach. They plan to gather feedback from their constituents through focus group discussions, interviews and workshops while also improving their communication with their constituents through the publication of a regular newsletter. This will allow their constituents to monitor their work and get in contact with them to provide feedback.

  A newsletter can also contribute to closing the feedback loop. Projet Jeune Leader (PJL) from Madagascar, for example, will engage young adolescents, their parents and school administrations to establish a coordinated and systematic means to collect feedback. They will collect feedback through participatory scorecards, stories from primary constituents around the changes triggered by the project, and an updated youth magazine to get closer to their constituents. PJL works on a comprehensive sexual-reproductive health education and leadership development program integrated into public middle schools.

  A particularly creative approach comes from Solidarity Now. Through multimedia productions, their primary constituents will express their daily perceptions, challenges, and dreams through the making and sharing of interactive material like video clips. Solidarity Now consists of a network of organisations and people whose goal is to assist and support the populations affected by the economic and humanitarian crises in Greece. Through the provision of services to both local Greeks and migrant populations, it seeks to restore the vision of a strong Europe based on solidarity and open values.

  In Asia, Climate Watch Thailand (CWT) is an organisation working to drive changes in attitudes towards climate change, and trigger action on the topic. As part of the initiative, CWT is going to strengthen how they formulate policy asks, by continuously testing their relevance to their constituents and this gaining wider support.

  Unfortunately, not all the organisations we work with in this initiative feel comfortable enough to publicly associate themselves to Resilient Roots, without the fear of inciting further anti-CSO responses in their local context. Such is the case of our Ugandan partner, a reminder of how delicate civic spaces are and how important it is for our sector to better understand how to strengthen CSO resilience in recent times.

  These diverse organisations are using a variety of approaches to work on CSO accountability, and we are incredibly excited to be exploring with them how different accountability practices fare in different regional and thematic contexts. What factors will make them successful and where will they need to adjust? In what circumstances does increased accountability actually lead to increased resilience? We are looking forward to sharing this journey with you: how they progress with their projects, the things they are learning, and what you can draw from their experiences to inform the work of your own organisation.

   

  

• SADC should urge respect of the rule of law in Zimbabwe’s post-elections crisis

  JOHANNESBURG: The Southern African Development Community (SADC) should urge Zimbabwean authorities to show restraint and respect of the rule of law in the wake of a violent crackdown on post-election protests.

  Global civil society alliance, CIVICUS, is calling on SADC to engage Zimbabwe on its response to protesters who express dissatisfaction with the administration of the July 30 general elections.

  At least six people were killed and many more injured when security forces used live ammunition against protesters in the capital Harare, as the country awaited the results of the historic vote.  Riot police and military in armoured vehicles swept through the streets, targeting bystanders and forcing others to shutter businesses and return home.  Several journalists covering the event were intimidated and forced to stop working.

  On August 4, riot police dispersed a press conference organised by the opposition Movement for Democratic Change (MDC) in the capital, Harare.  Before that, police raided MDC headquarters, arresting party members and charging them with inciting and engaging in political violence.  Most are currently being held in Harare’s notorious Chikarubi Maximum Security Prison.  Security forces have intimidated the political opposition and ordinary citizens, arresting supporters of the MDC.  Some have been abducted and others have gone into hiding.  The army is also harassing, under the cover of darkness, activists it suspects of leading the organization of protests.

   The release of the results of the 30 July elections and the actions of the army and riot police have brought back traumatic memories of decades of repression suffered by Zimbabweans, under the regime of ousted president Robert Mugabe.

   “The use of live ammunition against unarmed civilians can never be justified,” said David Kode, CIVICUS Campaigns and Advocacy lead.

  “As responsible neighbours and stakeholders of peace in the region, SADC leaders should send a clear message to Zimbabwean authorities to act with integrity and respect the rule of law including exercise of fundamental freedom.”

  The 30 July elections were expected to usher in a new era of democratic governance in Zimbabwe after the military coup in November 2017 but the post elections crisis has led to uncertainty and demonstrated that the military continues to cast an ominous shadow over politics.  Zimbabwean authorities invoked the restrictive Public Order and Security Act to enable the armed forces intervene.  

  The right to freedom of expression, association and assembly is enshrined in the Zimbabwean constitution. SADC should call on the government and security forces to exercise restraint and respect these fundamental rights of citizens including the right to assemble peacefully.  

  CIVICUS Monitor, an online tool that tracks threats to civil society in all countries around the world, rates the space for civil society in Zimbabwe as “repressed.”

  ENDS.

   

  For more information, please contact:

  David Kode

   

  Grant Clark

   

• The Council must address deteriorating human rights situations before they become crises

  Statement at the 51st Session of the UN Human Rights Council

  Item 4 General Debate

  Delivered by Lisa Majumdar

  Thank you, Mr President.

  The Council’s prevention mandate is a responsibility to address situations which face becoming human rights crises. One of the warning signs of this is of a serious and rapid decline in the respect for civic space. The CIVICUS Watchlist, published last week, identified a number of countries to take note of in this regard.

  Sri Lanka continues to see arbitrary arrests and the use of excessive force by the security forces as part of a crackdown on anti-government protests, as well as attacks on journalists, following its worst economic crisis in decades. We urge the Council to adopt a strong resolution addressing the situation, as well as progressing long-overdue accountability and reconciliation initiatives.

  Serious civic space violations have been ongoing in Guatemala as the government moves to undermine the rule of law and reverse anti-corruption efforts of recent years. As Zimbabwe gears up for general elections next year, civic space is under severe attack as the incumbent President, seeks to defend his presidency. In Serbia, the government has attempted to ban LGBTQI+ events and there remain ongoing threats to environmental rights defenders and journalists. In Guinea, the government is becoming increasingly intolerant of dissenting voices, particularly those criticising management of the ongoing political transition.

  We call on the Council to use its prevention mandate to address these situations before they deteriorate still further.

  In situations where crises are already all too apparent, the Council must respond accordingly. Human rights violations in Russia and those documented by the High Commissioner in China demand the strongest response, and we call on the Council to urgently establish monitoring and reporting mechanisms for these respective human rights situations.

  We thank you.

• What future for civil society in Zimbabwe?

  By Teldah Mawarire and David Kode

  During the stand-off between the military and President Mugabe that led to his historic resignation, there was reason for hope. Zimbabwe's civil society must now re-invent itself to ensure this hope lives on.

  Read on: Open Democracy

• Why SADC must reinvent or remain irrelevant

  By Teldah Mawarire 

  In times of political crises, as was recently experienced in Zimbabwe, citizens expect the regional body to take a bold stance against leaders who disregard human rights and hinder the advancement of democracy. Zimbabweans were quick to remember the numerous previous failures of the regional community. They roundly rejected SADC’s intervention.

  Read on: Pambazuka

• Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report

  

  Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report

  Johannesburg | 4 July, 2023

  • Same-sex relations criminalised in at least 27 countries south of the Sahara
  • Organisations shut down and offices raided for their work on LGBTQI+ rights
  • Widespread bans on the publication of information on gay rights
  • Anti-LGBTQI+ laws and practices disproportionately impact other excluded groups including women, children and victims of abuse 

  From Uganda to Cameroon, LGBTQI+ activists face significant restrictions due to the prevailing social, cultural and legal attitudes towards homosexuality and gender identity. A new report by CIVICUS, Challenging Barriers: Investigating Civic Space Limitations on LGBTQI+ Rights in Africa, looks at some common challenges faced by activists and civil society groups in countries south of the Sahara.

  Many African countries have laws that criminalise same sex activity. The laws, often remnants of colonial era legislation, can be used to target and prosecute LGBTQI+ individuals, including activists. Penalties range from fines, imprisonment to even the death penalty in some countries. 

  Limited legal protection in many African countries offers little or no protection against discrimination based on sexual orientation or gender identity. This lack of protection makes it difficult for activists and civil society groups to advocate for equal rights or seek justice when they face human rights abuses. The offices and activities of civil society organisations advocating for LGBTQI+ rights have been either raided or shutdown in Uganda, Burundi, Rwanda and Cameroon.

  Attacks against people who identify as LGBTQI+ are common in countries such as Benin, Cameroon and Kenya. In Cameroon since 2022 there have been over 30 recorded cases of violence and abuse against LGBTQI+ people, while in Kenya sexual minority groups face escalating homophobic attacks. In January 2023, following a series of killings in 2022, unknown assailants murdered and dumped the body of LGBTQI+ activist Edwin Chiloba. Chiloba’s death, which many linked to his sexual orientation sparked public outrage, with civil society groups and members of the public denouncing the murder and calling on the authorities to bring those involved to justice.

  “With the escalating hostility towards the LGBTQ+ community in Africa, this report sheds light on the grave reality faced by many, and compels us to challenge prejudice, and advocate for equality - especially for the most marginalised. Governments must ensure equal protection for all people in accordance with their obligations on non-discrimination under international human rights law. We implore governments to take robust measures to safeguard the rights and well-being of all people, regardless of their sexual orientation or gender identity,” said Sylvia Mbataru, CIVICUS’ Civic Space Researcher for Eastern & Southern Africa.

  Censorship and restrictions on freedom of peaceful assembly have contributed to a deteriorating environment for activists. In several countries, the publication and dissemination of material on LGBTQI+ issues face strict editorial controls and bans. CIVICUS also documents how protests are being suppressed, including the use of various laws to deny permits for public demonstrations, specifically targeting LGBTQI gatherings.

  Despite the hostile environment in many countries, civil society groups continue to advocate for LGBTQI+ rights and score important victories. The report also documents  a number of positive developments including the decriminalization of same sex relations in Botswana and Gabon, as well as a recent Supreme Court decision in Namibia to recognise same-sex marriages concluded abroad between citizens and foreign spouses.

  The report concludes by demonstrating the impact of civic space restrictions against LGBTQI+ groups, and shows how the ramifications of these restrictions also affect other excluded groups including women and children.

  DOWNLOAD REPORT

  

• Zimbabwe government must respect the right to protest and investigate abduction and torture of activists

  We condemn violent dispersal of peaceful protesters by #Zimbabwe police today & ongoing repression of civil society & #humanrights defenders. Read our statement ➡️https://t.co/m8YOmRhbgN pic.twitter.com/bTLZdrDNTV

  — CIVICUS (@CIVICUSalliance) August 16, 2019

  The government of Zimbabwe must respect the right of its citizens to peacefully protest and must allow demonstrations, planned for Friday, August 16, to go ahead without violence from security forces.

  Global civil society alliance, CIVICUS, has called on Zimbabwean authorities to uphold fundamental freedoms, including the right to protest. The government has banned public rallies called to protest its handling of the country’s economic crisis.

  CIVICUS has also strongly condemned the abduction and torture of human rights defenders, including Tatenda Mombeyarara, earlier this week.

  Mombeyara was one of at least six rights activists who were abducted by suspected state agents on August 13 and 14 from his home this week, brutally assaulted, tortured and left for dead at a stone quarry in the capital, Harare. The unidentified men accused him of being involved in organizing today’s planned protest marches. Mombeyara, who is recovering from injuries including broken bones, damaged kidneys and chemical burns, is one of seven activists arrested in May on their return from peacebuilding workshops in the Maldives and charged with plotting to overthrow the government of President Emmerson Mnangagwa.

  “We are also deeply concerned about a continued repression of fundamental freedoms in Zimbabwe and what appears to be a culture of impunity and a general lack of investigations into human rights violations,”, said Paul Mulindwa, Advocacy and Campaigns Officer at CIVICUS.

  “The abduction and torture of activists comes amid an ongoing military operation and restrictive environment for human rights defenders in the country,” Mulindwa said.

  The human rights situation in Zimbabwe continues to deteriorate, despite earlier promises from the Mnangagwa administration of an end to Mugabe-era repression tactics. Civic freedoms, including freedoms of association, peaceful assembly, and expression, are routinely and violently repressed by Zimbabwean authorities. The CIVICUS Monitor, an online platform that tracks threats to civil society around the globe, rates civic space – the space for civil society – in Zimbabwe as “repressed”. State authorities continue to harass, and arbitrarily arrest those exercising their rights to assemble and voice dissent. Human rights defenders have been subjected to assaults, arbitrary arrest, and enforced disappearance.

  "The occurrences are deeply hurting,” said Nyaradzo Mashayamombe, with Zimbabwean rights NGO, Tag a Life International (TaLI).

  “The security forces does not need to beat and dehumanise people but to monitor and guide peaceful activities of citizens.,” said Mashayamombe.

  CIVICUS has called on the Zimbabwean security forces to avoid using excessive force against protesters as well as for a quick, fair, and independent investigation into the cases of abduction and torture of Mombeyarara and other activists.

  ENDS.

  For more information, please contact:

  Paul Mulindwa

• Zimbabwe Police arbitrarily arrest trade union leaders over planned protests

  #Zimbabwe Police arbitrarily arrest trade union leaders over planned protests; authorities are still employing methods of an era gone by to silence dissent - @LMandishara of @nangozim https://t.co/rP38qec5Jp pic.twitter.com/DeP8POliqa

  — CIVICUS (@CIVICUSalliance) October 15, 2018

  • Police arrest, assault union leaders and members ahead of planned peaceful march
  • Authorities banned demonstrations against economic crisis, citing cholera concerns
  • Protests prompted by fuel queues, new tax on money transfers impacting mostly poor
  • National, global NGO groups urge government to respect the protected rights of citizens

  Global and national civil society groups have expressed concern at the arrest of trade union leaders in Zimbabwe ahead of planned peaceful protests.

  Zimbabwean police pre-empted nationwide demonstrations against the deepening economic crisis in the country, scheduled for October 11, by banning them and arbitrarily arresting organisers belonging to the Zimbabwe Congress of Trade Unions (ZCTU).

  The National Association of Non-Governmental Organisations (NANGO) and global civil society alliance, CIVICUS, has urged the authorities to show restraint and respect the constitutionally protected rights of all Zimbabweans.

  Police banned the protests citing concerns of a cholera outbreak in recent weeks. The unions say they are being targeted because of their dissenting message as other gatherings had been allowed to proceed.

  ZCTU members were arrested in the capital, Harare as well as in the cities of Mutare and Masvingo. According to reports, police were armed with truncheons, tear smoke canisters and accompanied by water cannons during the raids. Several union members were assaulted. ZCTU president Peter Mutasa and secretary general Japhet Moyo were among those arrested.

  Following a disputed 30 July 2018 election outcome, economic uncertainty has deepened in Zimbabwe, which has been struggling with foreign currency shortages, hyper-inflation and erosion of the local currency. This has triggered fuel queues as business slowed down in response to the economic decline.

  The government also recently imposed a new 2% tax on mobile money transactions that the unions said will be borne mostly by the poor. Trade unions had organised a protest to highlight these trying economic circumstances to the government and raise concerns about the hardships the new tax would bring for the poor.

  “It had been our sincere hope that after the election in August, the authorities would open more space for citizens, civil society and trade unions to freely express their opinions including through peaceful protests,” said Leonard Mandishara, NANGO Executive Director.

  “Hence, we are disappointed that the authorities are still employing methods of an era gone by to silence dissent,” said Mandishara.

  NANGO also said civil society is awaiting with much anticipation the outcome of a commission of enquiry established after six people were shot dead by the military in Harare at an election-related protest.

  CIVICUS calls on the Zimbabwean government to engage with civil society and trade unions on the fundamental rights of citizens including the right to assemble peacefully.

  NANGO is a non-partisan, non-profit organisation and the official, non-denominational coordinating body of NGOs in Zimbabwe. It is mandated by its membership to coordinate the activities of NGOs, represent the NGO sector and strengthen the voice of NGOs in Zimbabwe.

  ENDS.

  For more information, please contact:

  Leonard Mandishara, NANGO Director

  Teldah Mawarire, CIVICUS Advocacy and Campaigns Officer

• 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.

  ---

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

• ZIMBABWE: ‘Society is only starting to open up to the idea of living harmoniously with LGBTQI+ people’

  CIVICUS speaks about the situation of LGBTQI+ rights in Zimbabwe and the ongoing impacts of the British colonial legacy with Samuel Matsikure, programmes manager at GALZ-Association of LGBTI people in Zimbabwe.

  Founded in 1990, GALZ is a civil society organisation (CSO) that seeks to promote and protect LGBTQI+ rights in Zimbabwe through advocacy, research, education and service provision.

  What is the situation of LGBTQI+ people in Zimbabwe?

  We have seen a slight improvement with the recent change of government. In the previous years, the late President Robert Mugabe would contently throw in homophobic statements whenever he addressed the nation. He openly attacked the LGBTQI+ community on both the local and global stages. The current government, in contrast, is not proactive in targeting LGBTQI+ people to push its political agenda. We are seeing fewer rights violations committed by the state against LGBTQI+ people across the country.

  Nonetheless, the government’s relative silence and shift of focus do not mean things are now okay for LGBTQI+ people. In fact, this shift has left us with many unanswered questions because we do not know if the government really supports LGBTQI+ rights or if they do not want to deal with what is considered a very controversial issue.

  Organisations advocating for LGBTQI+ rights continue to question politicians about their strategies to integrate LGBTQI+ people in the community. During the 2017 elections we reached out to political parties to make a couple of questions regarding the inclusion of LGBTQI+ issues in their agenda. Unfortunately, we only received responses from two parties, including the ruling party, the Zimbabwe African National Union – Patriotic Front (ZANU-PF).

  ZANU-PF has recently become quite open about engaging with us on matters concerning the LGBTQI+ community. We see this as a milestone because it previously would not have a dialogue with the LGBTQI+ community. This has helped us to have more conversations with the government and look at the possibility of changing laws and policies. This has also made the public more open about having conversations with us than before. People now hear about LGBTQI+ rights and their responses are more positive than negative.

  How do laws discriminate against LGBTQI+ people in Zimbabwe?

  There are some provisions that promote inclusion, but the reality is quite different. Zimbabwe still has draconian laws that impede the rights of LGBTQI+ people. The current constitution has a bill of rights that aims to promote people’s right to health, privacy and freedom of association. The constitution recognises diversity and includes a non-discriminatory clause. But LGBTQI+ people still have their rights violated regardless of what the constitution says. The laws are there but their interpretation by various parties leads to discrimination.

  According to the experiences we have collected from the LGBTQI+ community, discrimination in the health sector is widespread, although efforts are being made to sensitise and train healthcare workers to improve access for LGBTQI+ people and other key populations. Until recently, by law people were required to reveal their HIV status to their partners, and failure to do so was a criminal offence. 

  The recent decriminalisation of HIV transmission under the Marriage Amendment Bill will be a great milestone for the LGBTQI+ community. It was difficult for LGBTQI+ people to reveal their status to partners or healthcare workers because they did not have easy access to healthcare facilities and feared being reported to the police or arrested. So with the support of new policies and our HIV/AIDS national strategy, the result has been the provision of a comprehensive programme giving LGBTQI+ people the right to access these facilities. This shows that the state is willing to create a space in which people can access these resources; the question is whether they will monitor those spaces to ensure people are not harassed.

  Discrimination against LGBTQI+ people is also present in the workplace. We have dealt with several cases of people being unfairly dismissed because of their sexual orientation or gender identity. Most businesses involved justify their decisions by saying their companies are founded on Christian values so they cannot work with or support LGBTQI+ individuals. This goes against labour laws banning discrimination in the workplace. Sadly, such cases cannot be taken to court and challenged because the legislation does not recognise LGBTQI+ rights. There are legal loopholes that allow the public to discriminate against LGBTQI+ people.

  Unfortunately, we still have laws inherited from colonial times that cause segregation in our society. The law that criminalises same-sex practices dates back to when we were a British colony. As a result of this law, men who engage in same-sex activities risk a year in prison. The Immigration Act still discriminates against homosexuals and prostitutes. These laws were drafted during colonial times and are no longer applicable: we are a democratic country with a constitution that has a comprehensive bill of rights.

  What work does GALZ do, and what challenges have you encountered?

  For around 30 years, GALZ was the only organisation in Zimbabwe focusing on LGBTQI+ issues. But over the past years, we have seen the emergence of new organisations that are either LGBTQI+-led or are working with the LGBTQI+ community. Because of this, we have been able to reorganise ourselves and prioritise the things we want to focus on while letting other organisations deal with remaining issues.

  GALZ’s work currently stands on four pillars. The first is community and empowerment. Our mandate here is equip LGBTQI+ people with life skills. We also want them to understand their human rights and to freely participate in economic and social activities. We inform them of the processes related to the development agenda and their role in it.

  The second pillar is knowledge, documentation and ideas. The third is policy and law and the fourth is human rights and access to justice. We want to develop strong institutions that will ensure the participation of LGBTQI+ people in communities and uphold their rights. The third and fourth pillars are related to human rights and internal governance and their use is to raise the visibility of the community and provide services related to the rights to property, family and participation.

  We want to build a technical hub for distributing information that will help LGBTQI+ CSOs and guide LGBTQI+ people in building CSOs in a hostile environment. Zimbabwean LGBTQI+ CSOs have been able to develop their own LGBTQI+ advocacy plan. This gives us the chance to speak as a collective and support each other’s advocacy work. By working together, we have been able to provide safe spaces for LGBTQI+ people in our country, including recreational spaces, internet access, support to complete academic studies, and support for students willing to pursue research on LGBTQI+ issues.

  Given the importance of family, GALZ has built a portfolio for parents and friends of LGBTQI+ people, P-Flag. We bring them together to promote the acceptance of LGBTQI+ people within families and communities and share their experiences.

  But we have faced some challenges. Zimbabwean society is starting to open up to the idea of living harmoniously with LGBTQI+ people but has not fully accepted us. We still face harassment from community members. LGBTQI+ activists are arrested for their advocacy work. In the recent past the state used to disrupt our activities and question our legitimacy. In addition, the proposed Private Voluntary Organisation (PVO) Bill threatens our work: there is fear we may not be allowed to register once the bill is passed. Human rights violations make it difficult for people to participate actively in LGBTQI+ movements.

  How can Commonwealth countries work together to promote LGBTQI+ rights?

  We need to acknowledge that many of these laws in Commonwealth countries are a legacy of the British empire. The laws we still have are repressive in nature and fail to acknowledge diversity and human rights. It is time for us to include the principles and practices of human rights in our laws. As organisations fighting for LGBTQI+ rights we need to pressure our governments to reform regressive policies and abolish laws that enforce discrimination and exclusion in our societies. We should pressure them to respect the constitution and hold people and institutions accountable for disrespecting people’s rights.

  We should pool our resources to mobilise and form a global alliance to bring LGBTQI+ issues to the forefront. By working together we can defeat the discrimination that is embedded in our systems and challenge the laws that perpetuate the violation of human rights.

  Civic space in Zimbabwe is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with GALZ through itsFacebook andInstagram pages, and follow@galzinf on Twitter.

• 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.