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Update on NGO legislation in Zimbabwe
National Association of Non Governmental Organisations (NANGO)
March 21, 2003

View draft NGO legislation

Introduction
This document seeks to provide NGOs in Zimbabwe with an update on developments around NGO legislation and development of an NGO code of ethics.

Background
NANGO, being the officially recognized umbrella body of NGOs in Zimbabwe continues to lead dialogue, lobbying and advocacy on enabling NGO legislation and development of NGO code ethics.

The momentum and anxiety about NGO legislation continue to rise, thereby calling for continued proactive response and intensified lobbying and advocacy.

The activities are being spearheaded by an expert committee on NGO Legislation consisting of :-

  • Transparency International,
  • Legal Resources Foundation,
  • Housing People of Zimbabwe
  • Zimbabwe Lawyers for Human Rights
  • Team of Consultants (Professor Feltoe (University of Zimbabwe), Mrs. Dorothy Mushayavanhu and Mr Kumbirai Hodzi)
  • Zimbabwe Women Lawyers Association

After initial consultative workshops in Harare and Bulawayo held in November 2002 and also at the National NGO Convention, attended by 183 NGO representatives, NANGO came up with a draft proposed NGO law as well as a Code of conduct, to serve as working documents.

Response to initial drafts
We would like to thank you for sending in comments to both the draft NGO law as well as the draft Code of Ethics. Our technical team is seriously looking at these comments and incorporating them in re-drafting the documents. If they are any new comments we would still be grateful to receive them.

We would want to point out that the drafts circulated were meant to get us started and begin to seriously think of the kind of a law we (NGOs) would want in place as well as the framework for self-regulation. We are still to come up with the final copy, after broad consultations with the NGO community.

Dialogue with government
Due to the valuable and thought provoking comments we have received on this initial draft we have decided to postpone dialogue activities with government until WE ATTAIN A CERTAIN LEVEL OF CONSENSUS, AS NGOs, ON THE CONTENT OF NGO LEGISLATION AND CODE OF ETHICS. NANGO contends that its engagement with government can only benefit the constituency when there are no fundamental disagreements on the proposed NGO Law as well as Code of Ethics. To that extent NANGO is heightening consultations before meeting with government.

In the near future
To get the views of a lot of NGOs, regardless of being a member of NANGO or not, we will be conducting consultative report back workshops in all regions. These will be held as follows:-

  • 07 April 2003 Bulawayo
  • 08 April Gweru
  • 14 April Mutare
  • 16 April Harare
  • 23 April Masvingo

Please note that all NGOs are invited – local and international, regardless of their affiliation to NANGO. You are also encouraged to read the draft and bring your comments.

Should there be any changes, we will let you know. The time and venue will be communicated to you.

Questions to ponder

NGO legislation

  • Are we all agreed to the principle of self-regulation as opposed to direct government control?
  • What form should NGO governance structure take and why?
  • An independent NGO council?
  • Independent NGO board?
  • What should be the relationship between international and local NGOs in the proposed act?
  • What transition measures should be put place in the event that a new law is developed?
  • What enforcement measures or penalties?
  • What should be the role of an apex body, NANGO, or any other that NGOs may decide to set up.
  • What should be the role of government, if any, and which arm of government?

Code of ethics

  • What key values should govern our conduct?
  • How will the code of conduct be enforced and by who?
  • What should be the relationship between the code and the proposed NGO Act?

Who should attend consultative meetings?
We are kindly requesting organisations to sent senior representatives who are conversant with the initial draft or at least one who would help in the discussions.

Meeting with the government
We have re-scheduled our meeting with government up to the end of April in order to allow time for our technical committee to discuss the drafts further with you.

Government Version of NGO Legislation
NANGO made efforts to get a copy of the draft NGO law allegedly prepared by government, but sources within government insisted that there is no such document at the moment. This should however not be mistaken to thinking that nothing is taking place within government circles.

Conclusion

  • It is the desire of NANGO to see a good law in place. The attainment of this objective is however a combination of your commitment and desire for collective action especially in such areas of mutual interest.

Comments and suggestions
We would be very grateful to receive your comments as well as suggestions on how we can achieve the overall goal of enabling NGO legislation and a conducive NGO operating environment.

We would be very grateful to receive all comments by 23 April 2003 to allow the drafting team to incorporate them.

Contact
Mr. Jonah Mudehwe ( Executive Director)
TEL 263-(0)4-708761/ 732612/ 703579
FAX 794973
Email info@nango.org.zw

Or
Mr. Bob Muchabaiwa ( Research and Advocacy Officer)
(0)23 257 183

Visit the NANGO fact sheet

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