A/HRC/44/50/Add.3
57.
Government regulation is merely for the purposes of entrenching the public interest
principle, which more often has been violated by some NPOs that end up deviating from their
intended mandate to adopting partisan positions. This is not desirable since these non-state
actors are expected to be apolitical in their distribution of various charitable and
developmental goods and social services to the communities. Entering into Memorandum of
Understanding (MOU) is one such way of engendering a public interest principle to be upheld
by the PVOs. The fears by the Special Rapporteur are therefore unfounded.
B.
Good practices and challenges
58.
The Special Rapporteur alleged “…a high level of control and even persecution that
certain organisations that do not opt to be registered under the PVOA or aligned to
government views” are subjected to. This is not factual and is not backed by comprehensive
evidence of widespread practice. Zimbabwe has one of the highest numbers of active nonstate actors operating freely at both national and sub-national levels. All organisations which
are registered in Zimbabwe adhere to legislation and laid down procedures in terms of their
registered mandate and operate without any persecution or undue control as alleged by the
Special Rapporteur. Routine checks of modes of operation by relevant authorities, including
verification of Articles of Association and accompanying constitutive documents is provided
for by the law of Zimbabwe.
59.
The Government denies the assertion by the Special Rapporteur of restrictions of
activities of CSOs in the country. These CSOs are currently involved in immense operations
that have positively informed Government policies such as HIV and AIDS Policy and the
National Gender Policy, among others. The Special Rapporteur has failed to mention the
names of the specific organisations or groups that he alleges to have been restricted from
operating or that have been raided by the Police.
V.
Conclusions and recommendations
A.
Conclusions
60.
In his conclusions, the Special Rapporteur watered down the impact of sanctions on
the economic situation in Zimbabwe and that the divisive and hostile foreign policy of
Western countries against Zimbabwe has fuelled discontentment and triggered off civil
disobedience, which has posed a real risk of blighting the credentials of the Government of
Zimbabwe in managing assemblies. A comment on the Special Rapporteur’s disregard of the
impact of sanctions on the economy and as a major cause of problems leading to difficulties
in managing assemblies, is alluded to above.
B.
Recommendations
61.
Recommendations that were proffered are noble, save for a few. Firstly, it must be
noted that most recommendations are work in progress, such as aligning legislation to the
Constitution with the view to give effect to progressive provisions in the Bill of Rights,
particularly regarding the rights to freedom of assembly and association by way of legislation.
This has been achieved through repeal of POSA and the ongoing amendment of the AIPPA.
62.
However, the recommendation that Government should withdraw all criminal charges
and release all those arrested because of the exercise of their rights to freedom of peaceful
assembly and of association, in particular those arrested in connection with the August 2018
and January 2019 protests, is impracticable and unjust. There are no cogent reasons as to why
the State should cause the withdrawal of charges in cases where there is prima facie or
overwhelming evidence pointing towards the commission of criminal offences. Is that justice
in the eyes of the Special Rapporteur? Furthermore, the Executive is not mandated by law
to interfere with the proper administration of justice. Thus, it will be illegal to implement this
recommendation.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents