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The Private Voluntary Organisation Amendment Bill (hereinafter the “Amendment Bill”) was gazetted on 5 November 2021. Its memorandum stipulates three objectives of the Amendment Bill. Firstly, the Amendment Bill seeks to ensure Zimbabwe's compliance with the Financial Action Task Force (FATF) Recommendation 8 regarding money laundering and terrorism financing. Secondly, the Amendment Bill aims to streamline administrative procedures for Private Voluntary Organisations (PVOs) to allow for efficient regulation and registration. Thirdly, the Amendment Bill aims to ensure that PVOs do not undertake political lobbying. Further to the initial Amendment Bill, on the 7th of June 2022, the Minister of Public Service, Labour and Social Welfare submitted significant amendments to the gazetted 2021 Amendment Bill on the National Assembly Order Paper. A cursory analysis of the amendments reveal that when passed into law, this piece of legislation will present grim operational restrictions and challenges to all Civil Society Organisations (CSOs) in Zimbabwe working in different sectors. However, these challenges will differ depending on the current form of registration of the organisation, i.e., PVO, Trust or Common Law Universitas and depending on the focus of the work being carried out by the organisation. Consequently, CSOs are vulnerable and at risk of being deregistered and closed when the Amendment Bill is assented into law. Against this backdrop, this report also examines both amendments (those published on 5 November 2021 and amendments submitted on 7 June 2022) for purposes of ascertaining the likely implications of the amendments on different types of CSOs (i.e., Trusts, PVOs or Universitas). The report also recognises the operational challenges that will affect CSOs and therefore maps scenario and present recommendations for planning purposes.
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The National Association of Non-Governmental Organisations (NANGO), a coordinating body of 1270 Non-Governmental Organisations (NGOs) operating in Zimbabwe, values the need for a vibrant, strong, and free civil society, essential in advancing sustainable development through democracy and good governance. The 'Whole of Society' approach adopted by the Government of Zimbabwe affirms that, 'CSOs are independent development actors in their own right, playing a vital role in advocating respect for human rights, in shaping development policies and in overseeing their implementation.'
However, the current legal, administrative, and policy pronouncements by the government are inhibitive in forwarding the interests of CSOs
operating in Zimbabwe. Legislations governing CSOs in Zimbabwe have increasingly become more restrictive with the enactment of new laws or amendments that curtail civil society activities and compromise their autonomy such as the Private Voluntary Organisation (PVO) Amendment Bill of 2021. These include excessive and expensive administrative procedures in the areas of advocacy, human rights, or other democracy and governance-related interventions.
From NANGO's perspective, it is imperative for CSOs to collectively dialogue on how to safeguard the operating environment even in a very complex and restrictive context. Joint action by CSOs is also essential to strengthen security and protection mechanisms to safeguard the civic space. Sustainable development and democracy cannot be achieved in the absence of a robust and independent civil society or respect for human rights and human dignity.
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The Covid-19 Pandemic has largely directed and dictated operations, actions, and outcomes for the past year. We saw several changes in ways of doing business but largely in the manner in which programming was conducted by Civil Society Organisations (CSOs). Despite the shortfalls and grave detriments of the pandemic, I would like to express my sincerest gratitude to the National Association of Non-Governmental Organisations (NANGO) Board, its Members, and the Secretariat for the tremendous work that they have done throughout the year 2020.
As Non-Governmental Organisations (NGOs), we exist to contribute towards sustainable development through various ways at both the local and national levels. This has seen a significant number of citizens benefitting from programmes supported by NGOs in the area of social and humanitarian interventions. In the year 2020, NANGO was driven towards programmes centred on the sensitisation of the public on various developmental issues, community resilience building through offering life skills and livelihood programmes as well as coordination of civil society to efficiently and effectively play the watchdog role and; speak in a unified voice.
While the COVID-19 pandemic has been a major priority and may continue as such for a while, we should not be blind sighted to the current worsening socio-economic and political challenges the general public has been facing even before the advent of COVID-19.
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Scenario-Mapping-and-Strategic-Planning-Report-for-the-PVO-Amendment-Bill.pdf