funding restrictions

Alarm bells ring as EU governments take aim at funding to ‘Political’ NGOs
By Cathal Gilbert, Civic Space Research Lead at CIVICUS and Giada Negri, Research and Advocacy Officer with the European Civic Forum

Increasingly, public figures across Europe are twisting the meaning of “political activity” by claiming that NGOs overstep the mark when they campaign publicly for social or policy change: that they somehow encroach on territory reserved exclusively for political parties.

Read on: Diplomatic Courier
CIVICUS and Colombian Confederation of NGOs concerned about aggressions and impending restrictions on civil society
Click here to read a Spanish language version of this release

CIVICUS, the global civil society alliance, and the Colombian Confederation of NGOs (CCONG) are deeply worried about the growing challenges faced by civil society in Colombia. Several activists have been attacked while potentially restrictive legislation is underway and would curtail civil society organisations’ ability to contribute to the implementation of the peace agreements.
CIVICUS World Assembly Delegates Express Deep Disappointment at India's New Curbs on Civil Society
6 September 2010. Over 70 eminent civil society activists from across the globe who attended the CIVICUS World Assembly in Montreal this August expressed deep disappointment at the enactment of India's regressive Foreign Contributions Regulations Act, 2010 (FCRA).

Among other things, the Act allows for broad executive discretion to designate organisations as being of ‘political nature' and thereby prevent them from accessing funding from abroad, which could affect the independence of civil society groups critical of government policies. It also requires organisations to renew their permission to receive funding from abroad every five years which subjects them to additional bureaucratic red tape, and places an arbitrary cap of 50% on the administrative expenses of an organisation receiving foreign funding as a further sign of interference in the internal functioning of civil society organisations.
Collaboration as currency, key to stop FGM in 5 communities in Nigeria
FRENCH

This article is part of the #StoriesOfResilience series, coordinated by CIVICUS to feature groups and activists on their journey to promote better resourcing practices for civil society and to mobilise meaningful resources to sustain their work.

Today, Dolapo Olaniyan, Director of The UnCUT Initiative, shares why collaboration could be the new currency for civil society organisations that are facing funding constraints.

Last February, five communities in Asa village, located in the Osun state, South West Nigeria, unanimously and publicly agreed to stop Female Genital Mutilation (FGM) – a harmful, cruel and extremely discriminatory practice recognised internationally as a violation of the human rights of girls and women, but that is still common in some countries in Africa, the Middle East and Asia. This is a big victory in a country where FGM affects 25% women (aged 15-49). It was also a victory for us at The UnCUT Initiative, an organisation focused on ending female genital mutilation across high risk communities in Nigeria by 2030, as the public “abandonment ceremony” was the culmination of work started in October 2018.
El Salvador:“Foreign Agents” bill would restrict freedom of expression & association if passed into law

🇸🇻 #ElSalvador
New law on "foreign agents" restricts freedoms of expression and association and gives the executive broad powers to repress civil society and independent media.
📲 https://t.co/lFEaIeOQkf pic.twitter.com/d60dPTSFTD
— CIVICUS (@CIVICUSalliance) November 17, 2021

Global civil society alliance CIVICUS expresses serious concerns over a ‘Foreign Agents’ bill proposed by the government of El Salvador which would give the executive ample powers to stifle civil society and independent media.
Hong Kong: conviction of trustees and secretary from 612 Humanitarian Fund another blow to civil society

Photo credit: Hong Kong Watch

CIVICUS, a global civil society alliance, and Asia Democracy Network (AND) are appalled by the conviction of six pro-democracy figures affiliated with the-now defunct 612 Humanitarian Relief Support Fund (the 612 Fund) - for failing to register the fund. The court’s decision is another blow to freedom of association in Hong Kong and clearly highlights the regression of civic and democratic space in the region.
India: Oxfam targeted again with accusations of foreign funding and influencing

CIVICUS, a global civil society alliance, is extremely concerned about the Indian authorities’ latest investigation against Oxfam India for alleged violations of the Foreign Contribution Regulation Act (FCRA). This action continues a worrying trend of law enforcement agencies being systematically used to persecute civil society organisations (CSOs). FCRA regulates the acceptance and use of foreign funding for civil society.

The Central Bureau of Investigation (CBI) registered a First Information Report (FIR) on 19 April 2023, accusing Oxfam of “planning to pressurise” the Indian government for FCRA licence renewal through foreign governments and institutions. Oxfam India is also accused of receiving funds after its FCRA had ceased, continuing to “pay sub grants to various partners” following a 2020 ban, and circumventing an FCRA-designated account between 2013 and 2016 by routing funds. The CBI also carried out searches at its office.

On 6 April 2023, Oxfam India claimed that it was ‘fully compliant with Indian laws and has filed all its statutory compliances, including Foreign Contribution Regulation Act (FCRA) returns, in a timely manner since its inception’.

This is the latest attempt to harass and intimidate the Oxfam staff. In January 2022, the government refused to renew Oxfam India’s FCRA licence. The organization has filed a plea in the Delhi High Court against the decision. In September 2022, the Income Tax Department conducted an invasive “income tax ‘survey’” of Oxfam India, during which staff were not allowed to leave the premises and denied access to communication devices with the internet shut down by the authorities.

“The investigation against Oxfam India is the latest attempt to target an organisation that has worked for more than 70 years in the country to end discrimination and create a free and just society. Hindering it will affect thousands of people who benefit from its services. CIVICUS calls on the authorities to halt the judicial harassment against them and their staff immediately,” said David Kode, Advocacy and Campaigns Lead at CIVICUS.

As a state party to the International Covenant on Civil and Political Rights (ICCPR), India must respect, protect and fulfil the right to freedom of association.

The CIVICUS Monitor has documented how the FCRA of 2010 and its amendments in 2018 and 2020 impose discriminatory restrictions on CSOs access to funding and makes their authorisation procedure difficult to navigate and highly bureaucratic, under the pretext of preventing foreign influence in India. Over the years, it has been invoked against human rights groups to justify an array of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts to suspension or cancellation of registration.

United Nations experts have raised At India’s review at the Human Rights Council in November 2022, several states called for the repeal or amendment of the FCRA to ensure the right to freedom of association.

“As a democracy, India must create a safe and enabling environment for civil society organisations to conduct their work instead of seeking to criminalise NGOs or squeeze their funding. The government must review the draconian FCRA to bring it in compliance with the ICCPR and other international human rights law and standards” added Kode.

Civic space in India is rated as "Repressed" by the CIVICUS Monitor.
Joint letter on several European governments’ decisions to suspend or review their funding to Palestinian and Israeli civil society organizations
We the undersigned are writing to you to raise concern regarding the decision by several European governments to suspend or review their funding to several Palestinian and Israeli civil society organizations. We are deeply concerned by these developments and call on your government to reverse any decision to halt such crucial funding. A reduction in funds to these groups and organizations erodes human rights protections across Israel and the Occupied Palestinian Territories (OPT) and call into question your ability to credibly promote and protect universal human rights values across the Middle East and North Africa.
Mali: Reverse ban on organisations receiving funds from France
CIVICUS, a global alliance of civil society organisations and activists dedicated to strengthening citizen action and civil society throughout the world is seriously concerned over a decision by the Mali government to ban organisations receiving funds from France. The ban is a total violation of human rights and fundamental freedoms, including freedom of association; and has a chilling effect on civil society organisations in Mali.

On 21 November 2022, the government of Mali took a decision to ban all organisations receiving funds, material, or technical support from France. This ban mainly affects organisations and groups providing emergency food aid, medical services, water supply and agricultural, as well as those involved in human rights and governance. The government of Mali is obliged to protect and promote the rights of its citizens including creating an enabling environment for civil society organisations to operate. All undue acts of intimidation, harassment, and restrictions on the right to freedom of association should be lifted in line with Mali’s international human rights obligations to enable civil society organisations (CSOs) to exercise their respective mandates.

“The banning of these organisations is a new low for human rights in a country that has continuously failed to respect fundamental freedoms, including freedom of association. This is intended to restrict organisations committed to defending human rights and providing much needed livelihood. Malian authorities should immediately reverse this decision and allow organisations to continue their work uninterrupted,” said Paul Mulindwa, CIVICUS’ Advocacy and Campaigns Lead for Sub-Saharan Africa.

Background

Mali has been contending with violence from extremists groups since 2012, but also a serious political and humanitarian crisis. About 1,260,528 people are displaced by the conflict. Since May 2021 and a second coup d'état that consolidated their grip, coup leaders in Mali have gradually turned away from France, whose last soldier left the country in August 2022 after nine years of engagement against the extremists alongside the Malian army. The human rights situation in Mali continues to deteriorate, with extrajudicial, summary or arbitrary executions and other killings, injuries, and kidnappings taking place. Human rights groups have reported an increase in enforced disappearances, illegal arrests or detentions, including prolonged detentions and violations of due process guarantees, acts of torture or other inhuman treatment, as well as numerous cases of massive and forced displacement of civilians, death threats and acts of intimidation, looting and destruction of property.

The banning of organisation receiving funds from France came only days after the French government announced it was suspending aid to Mali. However, France still planned to provide humanitarian aid through NGOs. Since 2013, France had been providing a total of 100 million euros each year in assistance.

The CIVICUS Monitor rates the space for civil society in Mali as repressed.

For more information, please contact:

Paul Mulindwa

Advocacy and Campaigns Lead – Sub-Saharan Africa

Email:
New Law will cripple Ethiopian civil society
28 January 2009- Despite severe criticism from donors, civil society and foreign governments, on 6 January 2009, the Ethiopian Parliament passed a controversial law restricting the activities and funding for civil society organisations (CSOs).

"The Law will have a crippling effect on civil society inEthiopia. We are deeply disappointed that Parliament has passed this regressive law which undermines democratic values and the people ofEthiopia",said Ingrid Srinath, Secretary General of CIVICUS: World Alliance for Citizen Participation.

The law, "Proclamation for the Registration and Regulation of Charities and Societies", will prevent CSOs from taking part in democracy building initiatives and acting as a check and balance against human rights abuses. Key provisions of the law infringe upon freedom of association guarantees in the Constitution of Ethiopia, the International Covenant on Civil and Political Rights and the African Charter on Human and People's Rights by:
- Limiting CSOs that receive essential funds from abroad to a mere service delivery role through prohibitionsfrom working on key areas including advancement of human and democratic rights, gender equality, conflict resolution and accountability of law enforcement agencies;
- Allowing wide executive discretion to refuse registration to CSOs and curb their activities.
- Clamping down on the independence of CSOs through provisions that permit institution of inquiries on unspecified grounds, allow removal of CSO officers and require advance notification of meetings;
- Subjecting CSOs to strict official control through exhaustive reporting requirements, mandatory license renewals every three years and an arbitrary cap of 30% on administrative expenses; and
- Discouraging CSO activities through harsh fines and strict punishments for administrative lapses.
CIVICUS has closely followed and critiqued drafts of the law before its final passage in Parliament. Sadly, the concerns outlined by CIVICUS and other CSOs have been ignored by the Ethiopian government. CIVICUS submissions on successive drafts have emphasised that any regulatory mechanism for civil society must be underpinned by legislation that is equitable, just and fair. The current law substantially fails this test.

Note to the Editor
For more information, please contact Mandeep Tiwana, Civil Society Watch Officer at

or Julie Middleton, Civil Society Watch Acting Manager at

.
New Paper: Regulating Political Activity of Civil Society -- A look at 4 EU countries
A comparative analysis of regulation of civil society organisations’ ‘political activity’ and international funding in Ireland, Netherlands, Germany and Finland. Written by CIVICUS, Irish Council for Civil Liberties, with support from The Community Foundation for Ireland

This paper provides a comparative assessment of how the “political activities” of civil society organisations are regulated in Ireland and three other European Union member states. This paper focuses particularly on organisations, such as human rights organisations, which carry out public advocacy activities and rely on international sources for a substantial portion of their funding.

All four countries are rated as “open” by the CIVICUS Monitor, a global platform which tracks respect for civic space in 196 countries. These four european countries are also well known for their strong promotion of civil society, human rights and democratic freedoms through their foreign policy and international development cooperation on programmes.

Following a brief outline of key international and regional norms, the paper outlines relevant aspects of domestic regulatory systems in Netherlands, Germany and Finland. A final section sets out what Ireland could learn from these examples, with a view to reforming its laws and policies governing “political activities” and foreign funding of civil society organisations.

Download Paper
NORTHERN CYPRUS: ‘Civil society is not involved in decision-making and is considered a nuisance’
CIVICUS speaks with DeryaBeyatlı, Director of the Human Rights Platform,about the space for civil society in Northern Cyprus and the prospects for reunification in the context of the 2023 Cyprus and Turkish presidential elections.

Established in 2021, theHuman Rights Platform isa Turkish-Cypriot civil society umbrella organisation bringing together seven human rights organisations guided by the vision of an egalitarian, democratic and inclusive society where human rights and fundamental freedoms are protected and accessible for everyone.

What do you make of the results of the Cyprus presidential election?

In the latest presidential election, held in February 2023, we saw a rise of nationalist and racist rhetoric. In response to losing ground, the left-wing Progressive Party of Working People (AKEL) supported a candidate who was more nationalistic than the party itself, but was still defeated in the runoff by Nicos Christodoulides, who was backed by centrists and right-wing parties.

It is clear to me that over the past few years Cyprus has been affected by the same shift towards radical right-wing politics that we’ve seen elsewhere in Europe.

What does the Human Rights Platform work on?

One of the main objectives of the Human Rights Platform is to document human rights violations committed by the government of Northern Cyprus, which is largely controlled by the Turkish authorities. I have observed that both society and the local authorities are becoming more racist, largely in reaction to the inflow of Black students who are lured with the promise of a job in Europe and trafficked into the northern part of Cyprus. Only in 2020 was human trafficking recognised as a crime in Northern Cyprus, and yet more than two years later, there has been only one court verdict in a case involving this crime. The authorities are unwilling to deal with human trafficking crimes and other human rights violations and keep blaming the victims instead.

What is the current state of reunification talks?

Ever since 1974, Cyprus has been split along ethnic lines, with Greek and Turkish Cypriots living on either side of the Green Line, a buffer zone under United Nations (UN) control. Christodoulides assumed that reunification talks might resume due to Turkey’s rapprochement with the west in search of relief to address damage caused by recent earthquakes and right after being elected said that the reunification of Cyprus is his priority. However, I think neither him nor Ersin Tatar, the current president of Northern Cyprus, who has strongly advocated for a two-state solution for many years, nor the Turkish and Greek guarantors are actually interested in the reunification of Cyprus.

The two-state formula currently advocated by Tatar was put on the table back in 2002 by Rauf Denktash, the founding president of Northern Cyprus, and was widely rejected by UN member states, with the exception of Turkey. Turkish President Recep Tayyip Erdoğan has repeatedly expressed his support for the two-state solution, so I don´t think his re-election changes anything.

Reunification talks are currently on hold and I’m afraid we’re headed towards permanent division. Neither Turkey nor the Republic of Cyprus (RoC) are eager to give up the power they exercise and share it with Turkish Cypriots. We are in a sandwich position, where Turkey interferes with the local matters of Northern Cyprus and the RoC discriminates against Turkish-speaking citizens of the island.

One of the numerous human rights implications of the division of Cyprus is that there are around 30,000 children of mixed marriages who cannot get RoC citizenship and hence become European Union (EU) citizens. Despite Turkish language being an official language of the RoC, official documents and legislation are all in the Greek language, leaving Turkish Cypriots out. Turkish Cypriots cannot open a bank account or establish an association unless they live in government-controlled areas. And the list goes on.

What obstacles does civil society face in Northern Cyprus?

The division of the island creates challenging civic space conditions in Northern Cyprus, where the Human Rights Platform is registered. We face many obstacles due to the fact that we work in areas not under the effective control of the government of RoC. It’s very difficult to make our voices heard and get access to funding available to EU member states because we are not legally registered in a member state. Yet we cannot do so, since we do not reside in the government-controlled areas. Our only funding opportunity is the Financial Aid instrument of the European Commission (EC), which is highly competitive and offers limited funds to civil society.

The local authorities of Northern Cyprus prefer directing EU funds towards infrastructure and economic development, and regard supporting civil society as unnecessary and therefore a complete waste of funds. Turkish Cypriot civil society organisations (CSOs) aren’t involved in decision-making mechanisms and are considered a nuisance. Meanwhile, local public funds are only available to government-sponsored non-governmental organisations, also known as GONGOs, that are under the effective control of the Turkish Embassy and the Turkish Cypriot political leadership.

Perceived by local authorities as a threat, Turkish Cypriot civil society is silenced and sometimes attacked on mainstream media. Public TV, radio and news agencies are almost inaccessible for us. CSOs working to protect human rights and safeguard democracy in Northern Cyprus are systematically marginalised. Since we maintain relationships with the EC, EU member states and the USA, we are often regarded as ‘foreign agents’ and threatened and blackmailed, sometimes openly but mostly discreetly. A widely used tactic is the use of fake social media accounts promoting extremely nationalistic content and blaming Turkish Cypriot civil society activists for trading the country to the Greeks or to imperialistic powers.

What international support do Turkish Cypriot human rights CSOs need?

Most international intergovernmental organisations and their agencies prefer to ignore our presence. Since we are in a place the existence of which they don’t recognise, they refuse to even meet with us, let alone hear us out. We need both political and financial support in order to get stronger and become more effective in our struggle to uphold democracy and human rights in Northern Cyprus.

Civic space in Cyprus is rated ‘narrowed’ by theCIVICUS Monitor.

Get in touch with the Human Rights Platform through itswebsite or itsFacebook page, and follow@ihp_hrp and@DBeyatli on Twitter.
Open Letter to president of Venezuela regarding the proposed International Cooperation Bill
Presidente de la República
S.E. Hugo Chávez Frías
Palacio de Miraflores, Caracas,
Venezuela
Fax:+58.212.806 3698
E-mail:

Your Excellency,

Re: Proposed International Cooperation Bill

I write as the Secretary General of CIVICUS: World Alliance for Citizen Participation, an international alliance of civil society with members and partners in over a hundred countries. CIVICUS works to strengthen civil society and citizen action throughout the world.

We at CIVICUS, our members and partners, are deeply concerned about your recent comments urging National Assembly members to adopt a "severe" law to effectively stop international funding for NGOs. We would like to emphasise that Civil Society Organisations (CSOs) play an extremely important role in national life. Their constructive criticism and quest for greater accountability in public life are important assets for the nation. We therefore urge your government to respect expressions of legitimate dissent and unequivocally uphold civil society's rights to express, associate and assemble freely.
Re: Proposed International Cooperation Bill
Presidente de la República
S.E. Hugo Chávez Frías
Palacio de Miraflores, Caracas,
Venezuela
Fax:+58.212.806 3698
E-mail:

Your Excellency,

Re: Proposed International Cooperation Bill

I write as the Secretary General of CIVICUS: World Alliance for Citizen Participation, an international alliance of civil society with members and partners in over a hundred countries. CIVICUS works to strengthen civil society and citizen action throughout the world.

We at CIVICUS, our members and partners, are deeply concerned about your recent comments urging National Assembly members to adopt a "severe" law to effectively stop international funding for NGOs. We would like to emphasise that Civil Society Organisations (CSOs) play an extremely important role in national life. Their constructive criticism and quest for greater accountability in public life are important assets for the nation. We therefore urge your government to respect expressions of legitimate dissent and unequivocally uphold civil society's rights to express, associate and assemble freely.

We would like to draw your attention to the International Cooperation Bill, currently being discussed by law makers. We believe that the bill has been drawn up without adequate consultation with civil society. Moreover, we are deeply apprehensive that that passage of the Bill in its current form will severely curtail civil society space in the following ways:
1. Subjecting CSOs to additional layers of bureaucracy by requiring them to register with the government in order to receive funds from international sources could increase the possibility of subjective denial of registration to CSOs who have been critical of official actions.
2. The creation of an official fund for International Cooperation and Assistance for the collection of monetary grants from overseas and their subsequent disbursement by the government is likely to impede international cooperation activities between Venezuelan CSOs and their counterparts abroad. Moreover, it will lead to government ownership and prioritisation of international cooperation funds rather than democratic ownership by CSOs and local communities.
3. By increasing executive discretion to monitor CSO affairs through the creation of an Agency for International Cooperation, limits of whose powers and have not been clearly defined, raising apprehension of increased restrictions on CSO affairs.
We believe that the registration and funding requirements of the Bill, given their ambiguity, have the potential to breach the right to freedom of association embodied in the Venezuelan Constitution, the International Covenant on Civil and Political Rights and the American Convention on Human Rights and the UN Human Rights Defenders Declaration.

We urge you to use your executive powers and influence to carry out consultations with civil society with regard to the need for an international cooperation law as well as the principles that should underpin any regulatory mechanism for civil society.

Sincerely,

Ingrid Srinath
Secretary General
CIVICUS: World Alliance for Citizen Participation
States must ensure civil society engagement with the UN and its mechanisms without fear
Statement at the 51st Session of the UN Human Rights Council

Item 5 General Debate

Delivered by Junwoo Yang, CIVICUS

Thank you, Mr President.

We thank the Secretary-General for the important report on reprisals, which concludes that such acts seriously affects civil society actors’ cooperation with and submission of information to the United Nations.

In India, Khurram Parvez, has reportedly been subjected to travel bans, ill-treatment, arbitrary arrest and has been detained since November 2021 on trumped up counter-terrorism charges in relation to his cooperation with the UN over the years. We call for his immediate release and charged dropped.

In the Philippines, CIVICUS member Karapatan, and its Secretary-General Cristina Palabay, are longstanding inclusions on the reprisals report owing to red-tagging, harassment, arbitrary arrests and charges in connection with their engagement with the UN. While the government of the Philippines responded with allegations of false characterisation of government action, we note that the report documents that ‘Ms. Palabay continues to suffer online threats, harassment, and legal action.’

In Indonesia, Papua activist Victor Yeimo has been in detention since May 2021 in connection to his calls for self-determination of the Papuan people, including at the United Nations Human Rights Council.

We call for all States to cease acts of reprisals, including laws regulating NGOs and their access to funding, including foreign funds and donations, and imposing onerous reporting and tax requirements, which placed additional obstacles on the engagement of civil society with the UN, as we have seen in India, Russia, Zimbabwe, and numerous other countries.

We further call for States to ensure a political cost on acts of reprisal, which make the UN less responsive and less effective. It is incumbent on all States – members of this Council in particular – to ensure that civil society can engage with the UN and its mechanisms without fear.

We thank you.
Strict legal restrictions on foreign funding hit India’s NGOs
CIVICUS interviews Mathew Jacob on the restrictions on freedom of association and attacks on civil society in India including laws on foreign funding. Jacob is the National Coordinator of Human Rights Defenders Alert – India (HRDA). HRDA is a national platform of human rights defenders for human rights defenders. Mathew is also a PhD scholar at the Tata Institute of Social Sciences, Mumbai.
Suenan las alarmas mientras los gobiernos de la UE plantean financiar las ONG "políticas"
Por Cathal Gilbert, Responsable del equipo de investigación sobre el espacio cívico de CIVICUS y por Giada Negri, Responsable de investigación e incidencia en el Foro Cívico Europeo

Cada vez aparecen más figuras públicas por toda Europa que tergiversan el significado de la "actividad política". Afirman que las ONG se pasan de la raya cuando hacen campaña pública a favor de un cambio social o político, consideran que de alguna manera invaden un territorio reservado exclusivamente a los partidos políticos.

Artículo disponible en inglés en: Diplomatic Courier
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.