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Joint statement of CSO coalitions on further developments relating to NGOs
Zimbabwean Civil Society Organisations
February 29, 2012

Following the illegal and arbitrary actions of Masvingo Provincial Governor, Titus Maluleke, purporting to ban some Non Governmental Organisations (NGO)'s operating in the province, and after meeting with various stakeholders in Masvingo and other provinces, we consider it necessary to alert the public to further shocking revelations about the workings of local authorities and NGOs.

We have learnt that some NGOs - not only in Masvingo but throughout the country - are being forced to pay exorbitant fees by local authorities before they are allowed to carry out their work. Specifically, these local authorities are charging NGOs amounts ranging from US$100, US$300 and up to US$1 000 per year in order to conclude a Memorandum of Understanding (MoU) with an individual NGO.

Where an organisation refuses to pay the amount, no MoU will be granted and their activities will not be allowed to proceed. We have also learnt that some of the NGOs which appear on Maluleke's "ban" list are organisations which have refused to pay corrupt officials to finalise MoUs.

This disgusting practise appears to be widespread in all of the country's provinces and is alleged to have the blessing of the Ministry of Local Government, Rural and Urban Development which appears to be running rings around the Ministry of Labour and Social Welfare. Information also exists about named officials who were paid monies to process the so-called MoU's and they will be named and shamed unless they immediately cease this criminal and corrupt activity.

Let it be clear that there is no legal requirement for NGOs to conclude MoUs with local authorities. In terms of the 2003 Policy on the Operations of NGOs in Humanitarian and Development Assistance, NGOs are only requested to sign MoUs with Government Ministries/Agencies. Local authorities are neither Ministries nor Government Agencies and they do not have any legal authority to negotiate, conclude and attest to MoUs with NGOs, especially the District Administrators who appear to have become a law unto themselves in several areas around the country.

A local authority is only allowed to charge special levies for certain services and cost recovery initiatives. They cannot charge for the conclusion of MoUs because there is no cost recovery or service being provided.

We wish to categorically state that this practice is illegal and tantamount to theft and/or extortion because the law and the policy do not permit or empower the authorities concerned to charge or prescribe a fee for the conclusion of MoUs with NGOs. It follows that these are illegal and corrupt activities for which individuals can be prosecuted.

It has also come to our attention that a large number of NGOs are being "policed" whilst carrying out their humanitarian work. They have been placed under direct surveillance from both state and non-state actors, who refuse to allow them to operate without constant escorts and handlers. This intimidatory and repressive practice also has no basis in law; nor is it provided for in any legitimate policy.

The practise of forcing NGOs to carry out their activities with law enforcement agents, military and intelligence personnel, political party supporters or functionaries violates their right to associate or disassociate. It hinders their freedom to elect who they want to engage with and also violates their right to freedom of movement - rights which are all constitutionally guaranteed.

We therefore urge any and all NGOs that are being haunted and targeted by such extortionists to legitimately ignore and refuse to pay for MoUs and refuse to be escorted while they carry out their operations. The longer that NGOs and international agencies remain silent about the pressures they face and the illegal activities to which they are forced to turn a blind eye, the more the illegality and corruption will escalate. The ultimate loser will be the most vulnerable and marginalised communities and individuals who these organisations are servicing.

We urge organisations affected to report such actions to the authorities, or to lawyers, or go directly to the Anti-Corruption Commission of Zimbabwe.

Lastly, we would like to state that since extortion is defined as the crime of obtaining money or some other thing of value induced by the abuse of one's office or authority, and since there exists evidence of such corrupt activities, we are aware of the location of the Anti-Corruption Commission and how to utilise its services in this regard.

Issued on behalf of:
Crisis In Zimbabwe Coalition
Media Alliance of Zimbabwe
National Association of Non Governmental Organisations
National Constitutional Assembly
Women's Coalition
Zimbabwe Congress of Trade Unions
Zimbabwe Election Support Network
Zimbabwe Human Rights NGO Forum

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