UNITED Nations (UN) special rapporteurs on human rights have urged the government to withdraw the controversial Private Voluntary Organisations Amendment (PVO) Bill in its entirety saying it is an assault on democratic principles.
UN rapporteurs Gina Romero, Irene Khan, Mary Lawlor and Ben Saul, expressed concern over the Bill's implications on human rights particularly the right to freedom of association if it is signed into law.
They said the discrepancies between the two versions of the Bill passed by the Senate and National Assembly had created uncertainty, making it difficult to determine the final version that needs to be signed.
“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,” they said in a communique dated November 27.
"Section 131 of the national Constitution rules that both houses of Parliament must pass the same Bill and that the President must assent to and sign the Bill that both Houses have passed.
“If there is not one agreed Bill among both chambers, there is no clarity of what is the final Bill that the President needs to sign, which fails to meet the essential principles of legal certainty and transparency by which any legislative process should abide.”
They urged President Emmerson Mnangagwa to initiate a new process to replace the current Bill.
“If, as the Constitutional provisions allows, the President returns the PVO Amendment Bill to Parliament and a new debate to prepare a consolidated version of the Bill starts, we would recommend the convening of wide consultations with relevant stakeholders, including PVOs, to align the Bill with international standards, including in regard to the protection of the right to freedom of association," they said.
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"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."
“As most of the texts of the PVO Amendment Bill are very similar to the one that was presented in 2021, we urge your Excellency’s Government to review and carefully consider communication sent in 2021 and ensure that the new text complies with international standards.”
The four said in their 2021 communication, they expressed “grave concerns over the severe penalties imposed by the Amendment Bill, including imprisonment, for non-compliance with the Minister’s prescription.”
“Although the new Bill makes relevant clarifications regarding the prohibitions of political partisanship for PVOs, and reduces fines, it remains very problematic that it maintains the general prohibition, including the criminal offence of supporting or opposing any political party or candidate in any election, among others,” they said.
The PVO Bill’s first version was published in November 2021, after which it moved through its first reading in the National Assembly in February 2022.
After navigating the parliamentary processes, the Bill was passed by the Senate in 2023.
However, Mnangagwa sent it back to Parliament for reconsideration.
The Senate passed the alleged different version of the Bill in October this year, according to reports.
Critics have condemned the Bill as anti-democratic saying it was targeted at government’s suspected opponents.
They also said it was meant to interfere with operations of NGOs.
United Nations experts last year urged Mnangagwa to reject enacting the Bill after it was passed in the Senate.
