Civil society regulation or silencing? examining the regulatory mechanisms for civil societies in Zimbabwe and their impact on the role of civil society organisations in the advancement of human rights

Abstract

Civil society organisations (CSOs) are indispensable in society because they play a crucial role in keeping democratic processes alive and reinforcing good governance, especially through their involvement in human rights work. This dissertation analyses the role that CSOs play in the advancement of human rights in Zimbabwe then consider the impact that regulation has on their operations. In June 2022, government officials documented over 20 000 CSOs operating in Zimbabwe, and these include academic, professional, religious and residents’ associations, labour unions, student groups, think tanks, community-based organisations, human rights organisations and humanitarian and development charities. Despite their invaluable contribution to human rights and governance, the Government of Zimbabwe (GoZ) is distrustful of CSOs and has from time to time introduced laws aimed at limiting civic space and the scope of work that CSOs can conduct under the guise of regulation.

In 2020 President Emmerson Mnangagwa announced that the Private Voluntary Organisations (PVO) Act [Chapter 17:05] which is the primary regulatory law for CSOs would be amended to ‘deal with NGOs and PVOs operating outside their mandates and out of sync with the government’s humanitarian priorities.’ Subsequently, on 5 November 2021, the GoZ gazetted the Private Voluntary Organisations Amendment Bill H.B. 10, 2021 (the PVO Bill) to amend the PVO Act. The PVO Bill aims: to ensure compliance with the Financial Action Task Force recommendations; streamline administrative procedures to enable efficient regulation and prevent PVOs from conducting political lobbying. Considering the provisions contained in the PVO Bill, this dissertation examines whether the PVO Bill opens or closes civic space in Zimbabwe. It also considers best international practices as articulated by the African Commission on Human and Peoples’ Rights as well as United Nations and how CSOs are regulated in Kenya, a country which bears many similarities with Zimbabwe. It concludes by making recommendations to ensure that CSOs are regulated in a manner that allows them to continue to operate independently and pursue their legitimate objectives.