civic space

• 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.

• ZIMBABWE: ‘Young women should be at the centre of discussion of the issues affecting them’

  CIVICUS speaks about the upcoming International Women’s Day and Zimbabwean civil society’s role in eliminating gender inequality with Margaret Mutsamvi, Director of the Economic Justice for Women Project (EJWP).

  Established in 2017 with the purpose of helping narrow the gender inequality gap, EJWP is a civil society organisation (CSO) that works with young women to realise their right to sustainable economic independence. It promotes women’s socio-economic independence and full participation in economic governance and public resource management. It provides knowledge, skills and support to young women in local communities so they can self-organise and advocate for their socio-economic rights at all levels.

  Has the COVID-19 pandemic impacted disproportionately on women and girls in Zimbabwe?

  The pandemic definitely had a disproportionate impact on women and girls, first of all, because of Zimbabwe’s capitalist-centred response to containing the virus. Lockdown regulations entirely shut down the informal sector, in which 65 per cent of the Zimbabwean population is employed, restricting all movement except for formally registered employees who could present letters on their company letterheads, and of course frontline workers.

  It should be noted that more than 67 per cent of the people working in the informal sector are women, so shutting down their income source pushed most of them into abject poverty, with no alternative livelihoods provided for.

  Second, the prolonged lockdowns that followed found most survivors of gender-based violence (GBV) and those at risk of it locked up with the perpetrators of violence. As a result, GBV levels rose to a record-breaking 2,000 cases in the first month of the first lockdown, as reported by Msasa Project. Rape cases also increased under lockdown.

  Third, the prolonged shutdown of schools, which lasted longer than eight months, created a productive gap among young women and induced extreme poverty. Possibly to escape this, many were forced into early marriages and teen pregnancies.

  Fourth, the shift to online tools for learning purposes, along with a lack of smart devices, data poverty, and the unavailability of internet connections, left a huge proportion of students out of education, particularly in rural areas. Research carried out by the Women's Academy for Leadership and Political Excellence indicates that only 35 per cent of students had access to online learning. When those left out of school were girls, too often they ended up in forced marriages or pregnant.

  Additionally, lockdowns in Zimbabwe resulted in shrinking civic space. People were unable to exercise their right to protest in the face of deteriorating socio-economic rights, so women were not able to do much despite the fact that they were worst hit by this regression.

  Notably, it was under lockdown that the Constitution of Zimbabwe Amendment (No. 2) Bill was passed. The bill would allow the president to appoint judges to the Constitutional, Supreme and High Courts without legislative approval. He would also be able to choose his two vice presidents without an election and be able to delay the retirement of the chief justice by five years. CSOs organised the #ResistDictatorshipConstitution rally. Two young women, Namatai Kwekweza and Vimbai Zimudzi, were arrested during a peaceful protest.

  Civic space has continued to shrink. As recently as January 2022, an initiative – the Private Voluntary Organisations (PVO) Amendment Bill – was submitted that will criminalise the work of CSOs. The bill ostensibly seeks to comply with international standards intended to ensure that CSOs are not misused by terrorist organisations, but this is being used as an excuse to clamp down on Zimbabwean civil society.

  What has civil society done to support women and girls in this context?

  CSOs were up and running providing services to people who reported cases of infection, putting out online campaigns, mobilising solidarity, providing information materials for COVID-19 awareness and prevention, providing sanitisers and masks at vegetable markets to ensure the informal sector could remain open and taking to the courts to challenge some unconstitutional government decisions. For instance, demolitions in the informal sector were challenged by the Chitungwiza Residence Trust and some activists held protests even though they knew they would get arrested.

  As for ourselves, for a while, we were able to assist nearby communities in Chitungwiza, Epworth and Hopley, primarily by raising awareness about COVID-19 and handing out masks and sanitisers. We were also able to monitor key developments in communities throughout lockdowns through our community champions.

  Movement was not easy, particularly, because the work done by CSOs is not considered an essential service. Since we had some projects running that were initially intended to be implemented through face-to-face activities, we had to shift online, with online engagement, online campaigning and online activities. We are now starting to do online advocacy campaigns through theatre. We have a series called ‘Zviriko’ that streams every Tuesday on our Facebook Page.

  What are the main challenges for women's rights in Zimbabwe, and how is civil society addressing them?

  The main women’s rights issues are socio-economic rights. It is appalling just how normalised the lack of adequate social services delivery for women is. This increases the burden of unpaid care work. As a privatisation agenda is implemented, limited access to basic health and basic and affordable education has decreased further. Decent work is a distant aspiration given the levels of abuse and rights violations that take place in the informal sector.

  Additionally, there is an ongoing battle between the state and the Zimbabwean Constitution. The politics at play is unable to provide 50 per cent of female representation in political positions. There is no political will to facilitate the implementation of constitutional provisions as far as gender equality is concerned.

  CSOs have consistently responded to this by providing services to survivors of varying forms of abuse, providing legal recourse, and creating awareness of these rights to build citizen agency.

  There have also been lots of online campaigns, petitions and engagement around stopping the PVO bill that will deprive female citizens of much-needed socio-economic support once the work of CSOs is directly under state control.

  The women’s movement continues to advocate for the full implementation of our new constitution and parity in political representation. Among other strategies, they are holding online campaigns and actively supporting aspiring female candidates to public office.

  The International Women’s Day theme for 2022 is #BreakTheBias. How are you organising around it in the communities you work with?

  Due to our focus on social and economic rights, #BreakTheBias speaks directly to our mandate, which is building women's power to defeat the socio-economic inequalities that continue to sideline women, particularly young women. We do this in many different ways.

  First, through research and documentation. We believe that information is power, so producing knowledge is our first step towards evidence-based programming and advocacy.

  For instance, we are currently conducting research about the nexus between illicit financial flows and tax justice in the extractive sector and young women in Zimbabwe. We have produced an assessment report to position young women in the 2022 national budget and the recently pronounced monetary policy statement, and we have published a policy brief advocating for gender-responsive policies for pandemic recovery.

  We have also produced documentaries about the experiences of young women in mining communities and the socio-economic barriers faced by young women due to climate change.

  Second, we strengthen the capacities of young women through training. We are currently providing training on fiscal literacy in Harare’s informal peri-urban communities, aimed at strengthening these women’s voices and agency in economic governance in Zimbabwe. In partnership with Transparency International Zimbabwe, we are also working to build women’s knowledge on gender and corruption. EJWP is also working on capacity building for young women on socio-economic rights and transformative feminist leadership.

  Third, we feed our research into advocacy initiatives. We have ongoing advocacy with a series of stakeholders, particularly the Ministry of Finance and Economic Development, parliamentarians, the Gender Commission and other government agencies involved in gender issues.

  Finally, we bring change to communities by encouraging people to address issues from the ground up. We have four Community Action Hubs so far and continue to build towards breaking gender bias by empowering young women. Our hope is that one day young women can be at the centre of key conversations regarding national resource collection, distribution and use. We also envision young women taking leadership positions at all levels, enabling them to add authoritative voices towards redressing the issues that are key to them.

  Civic space in Zimbabweis rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with the Economic Justice for Women Project through itswebsite orFacebook page and follow@EJWZim on Twitter.