UN forcing Mnangagwa to scrap PVO Bill

United Nations (UN) special rapporteurs on human rights have called on the Zimbabwean government to withdraw the controversial Private Voluntary Organisations (PVO) Amendment Bill, warning that its enactment would undermine democratic principles and restrict fundamental human rights.

In a joint statement issued on November 27, UN rapporteurs Gina Romero, Irene Khan, Mary Lawlor, and Ben Saul expressed serious concerns about the Bill's potential impact on freedom of association and its broader implications for human rights. They highlighted discrepancies between two versions of the Bill passed by the Senate and the National Assembly, which have led to confusion and uncertainty about its final form.

"According to the information received, different versions of the PVO Amendment Bill have been passed by the Senate and the National Assembly, which has caused confusion and made difficult the analysis presented in the present letter," the rapporteurs said. They noted that, under Section 131 of the Zimbabwean Constitution, both chambers of Parliament must agree on the same Bill before it can be signed into law by the President. The lack of clarity regarding the final version of the Bill, they argued, violates essential principles of legal certainty and transparency.

The UN experts urged President Emmerson Mnangagwa to send the Bill back to Parliament for a fresh debate and to consult widely with stakeholders, including private voluntary organisations (PVOs), to ensure the legislation aligns with international human rights standards.

"We urge Your Excellency's Government to consider initiating a national process of drafting a new Bill, which would include the recommendations by UN special procedures mandates in the past, and which would also include the Financial Action Task Force," the statement read.

The rapporteurs further emphasized concerns raised in a previous communication in 2021, where they expressed "grave concerns" over the severe penalties outlined in the PVO Bill, including imprisonment for non-compliance. While they acknowledged that the latest version of the Bill had clarified certain provisions, including prohibitions on political partisanship for PVOs and reduced fines, they still criticized the Bill's overarching prohibition on supporting or opposing any political party or candidate in elections.

The PVO Amendment Bill has been a source of controversy since its first publication in November 2021, with critics accusing the government of using the legislation to restrict the activities of NGOs and suppress political opposition. After passing through the parliamentary processes, the Bill was sent back by President Mnangagwa for reconsideration. In October 2023, the Senate passed an amended version, which some critics argue differs significantly from the one previously approved by the National Assembly.

UN experts have previously urged the Zimbabwean government to reject the Bill, warning that it would severely undermine civil society and the right to freedom of association in the country.

The ongoing debate over the PVO Amendment Bill highlights the tensions between the government and civil society, with critics accusing the Bill of being a tool to curtail dissent and silence opposition voices ahead of upcoming elections. The call for a new, more inclusive legislative process underscores the need for transparency and respect for human rights in Zimbabwe's legal reforms.