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Zim
NGO Bill: dangerous for human rights defenders
Betrays High Degree of Gvt Paranoia
and Contempt For the Regional and International Community
Arnold Tsunga and Tafadzwa Mugabe, Zimbabwe Lawyers for Human Rights
(ZLHR)
July 28, 2004
General Comments
on the Bill, NGOs and Hrds
The intended Non-Governmental Organisations (NGO) bill of 2004 in its
present format constitutes a grave abrogation by the government of Zimbabwe
of its responsibilities to the citizens of Zimbabwe as well as its obligation
to the regional and international community. The NGO bill is meant to
strangle activities of human rights defenders (hrds) in general. Hrds
are usually employees of NGOs or use NGOs as a vehicle or mechanism to
achieve their goals of promoting and protecting human rights. It follows
that the real targets of attack by the government of Zimbabwe in contemplating
such an obnoxious piece of legislation are the hrds themselves. Over the
last few years the international community has increasingly acknowledged
the important role that hrds play in the realisation of all human rights
be they economic, social and cultural rights or civil and political rights.
The international community has identified hrds as anyone who acts to
address any human right or rights on behalf of individuals or groups.
This is the core business of NGOs and their employees. In this context
the international community has generally accepted that in the realisation
of all human rights the NGOs and hrds play a critical role. The range
of hrds is so wide that it includes people covering a wide spectrum of
issues such as lobby activities against arbitrary arrest, detention, summary
executions, organised violence and torture, female genital mutilation,
forced eviction, electoral issues, prisoners rights, access to health
care, children's rights, fighting against illiteracy, fighting against
hunger and starvation, fighting for environmental protection, to fighting
against HIV/AIDS.
The strange paradox
is that hrds in every region of the world but mainly in dictatorial and
undemocratic states where they are needed most have become themselves
the targets of well orchestrated, systematic and sustained persecution
and reprisals at the hands of the state or appendages acting with the
acquiescence of the state. The persecutions have taken many forms including
torture, executions, threats (of death or arrests), harassment, defamation
and character assassination in the State controlled media, false arrests,
detention, false trials, arbitrary searches, administrative punishments
and restrictions in the enjoyment of the universally recognised rights
and fundamental freedoms such as the right to freedom of expression, assembly,
association, movement and in many instances protection of the law as the
law is applied selectively. The persecution of hrds is normally targeted
at the hrds themselves or their organisations mainly NGOs, Churches, Law
Firms or Societies, the Judiciary, Media Houses, Trade Unions or other
professional bodies promoting and protecting human rights such as the
Medical Profession.
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