A/HRC/44/50/Add.2
organizations have resorted to register as trusts under the Deeds Registries Act. Trusts can
pursue unlimited objectives, the only limitation being the wishes of the trustees in the trust
deed. Although the process to establish a trust is more costly, it is more expeditious and
allows associations greater flexibility to work on different issues.
B.
Good practices and challenges
1.
Civil society actors
95.
Despite a restrictive operating environment that poses severe constraints on the
exercise of freedom of association, civil society actors remain active and find creative ways
to carry on their activities. The Special Rapporteur particularly notes that disruptive actions
by the Government take place typically during periods of increased political activity and
when there is greater demand for humanitarian services.
96
In this regard, the Special Rapporteur is aware that interference may take the form of
repeated requests for information or threats to suspend activities when the authorities
believe that organizations are operating outside the terms of their registered mandates or
they are following different operational guidelines.
97.
The Special Rapporteur has noted patterns, which were confirmed during his visit, in
relation to the targeting and harassment of certain organizations, which seem to be
continuing under the new administration. For example, organizations with dissenting
political views, those working on human rights18 or on sensitive issues, such as advocacy on
issues affecting lesbian, gay, bisexual and transgender persons, or promotion of women’s
rights, have had their offices raided by the police and, in certain cases, as a form of
intimidation, received requests to show proof of registration or provide details of their
board members and activities. In addition, the Special Rapporteur is aware of high levels of
harassment, surveillance and threats against their leaders, resulting in considerable levels of
pressure that, under certain circumstances, have forced them to flee the country.
98.
In this regard, the Special Rapporteur learned of the suspension, by a local governor,
of the Community Tolerance, Reconciliation and Development Trust, a youth-oriented
organization, because it was established as a trust. The decision was nullified by the High
Court on grounds of unlawfulness and confirmed that the organization was properly
registered at the Deeds Registry. The Special Rapporteur notes that this is not an isolated
case and that there is a high level of control and even persecution that certain organizations
face that choose not to be registered under the Private Voluntary Organizations Act or align
themselves with government views.
99.
The Special Rapporteur also detected certain levels of intimidation and acts of
harassment directed towards certain organizations working in rural areas whose activities
were perceived to be aligned with the opposition party.
100. A relative easing of restrictions on doing community programming has been brought
to the Special Rapporteur’s attention by organizations working in the Provinces of
Matabeleland North and Matabeleland South, who reported being able to hold community
and other activities without disruption or arrests and to discuss sensitive issues with greater
freedom. The Matabeleland Collective reported having discussed with the President key
issues affecting their region and the Special Rapporteur believes that this is a positive step
that should be closely monitored and replicated nationwide.
101. The Special Rapporteur believes that the current polarized environment affects the
work and space of civil society. He acknowledges ongoing discussions by civil society
actors on strengthening independent and autonomous advocacy work on policy that
contributes to achieving stronger and more efficient outcomes.
18
14
See ZWE 1/2014, ZWE 8/2012, ZWE 2/2012, ZWE 7/2011 and ZWE 3/2011.
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