Back to Index , Back to article index

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

The United Nations Perspectives on NGOs and hrds
The United Nations has recognised the important role that hrds play in the promotion and protection of human rights by acknowledging the following realities;

• "Implementation of international human rights standards within countries depends to a great extent on the contribution of individuals and groups (working inside as well as outside the state and support to these human rights defenders is fundamental to achieving universal respect for human rights;
• Where Governments, national legislation, the police, the judiciary and the State as whole do not provide adequate protection against human rights violations in a country, human rights defenders become the last line of defence;
• Human rights defenders are often the target of human rights violations precisely because of their human rights work and they themselves require protection."³

As a result of this recognition the UN General Assembly adopted resolution 53/144 on 9 December 1998, The Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms commonly known as the "Declaration on hrds" This declaration is not a creation of new rights but merely an articulation of "existing rights in a way that makes it easier to apply them to the practical role and situation of hrds. It gives attention, for example to access to funding by organisations of hrds . . . the Declaration outlines some specific duties of the State"⁴

Some of the rights of hrds that are provided for under the Declaration on hrds include the right to:

• To seek the protection and realisation of human rights at the national and international levels;
• To conduct human rights work individually and in association with others
• To form associations and non-governmental organisations
• To meet or assemble peacefully
• To seek, obtain, receive and hold information relating to human rights
• To develop and discuss new human rights ideas and principles and to advocate their acceptance
• To submit to governmental bodies and agencies and organisations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may impede the realisation of human rights
• To offer and provide professionally qualified legal assistance or other advise and assistance in defence of human rights
• To attend public hearings, proceeding and trials in order to assess their compliance with national law and international human rights obligations
• To benefit from an effective remedy
• To the lawful exercise of the occupation of profession of human rights defender
• To effective protection under national law in reacting against or opposing, through peaceful means, act or omissions attributable to the State that result in violations of human rights;
• To solicit, receive and utilise resources for the purposes of protecting human rights (including the receipt of funds form abroad)⁵

Some of the duties of the State provided for in the Declaration are the duty:

• To protect, promote and implement all human rights
• To ensure that all persons under its jurisdiction are able to enjoy all social economic, political and other rights and freedoms in practice
• To adopt such legislative, administrative and other steps as may be necessary to ensure effective implementation of rights and freedoms (our own emphasis)
• To provide an effective remedy for persons who claim to have been victims of human rights violation
• To conduct prompt and impartial investigations of alleged violations of human rights
• To take all necessary measures to ensure the protection of every one against violence, threats, retaliation, adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the Declaration
• To promote public understanding of civil, political, economic social and cultural rights;
• To ensure and support the creation and development of independent national institutions for the promotion and protections of human rights such as ombudsmen or human rights commissions.
• To promote and facilitate the teaching of human rights and at all levels of formal education and professional training.⁶

African Regional Perspectives on NGOs and Hrds
At the regional level, the African governments have acknowledged the importance of NGOs and hrds in the promotion and protection of human rights.

The African Commission on Human and Peoples' Rights meeting at its 35th Ordinary Session held from 21st May to 4th June 2004, in Banjul, The Gambia reaffirmed the UN Declaration on hrds and adopted a resolution on hrds in terms of which it recognised "the crucial contribution of the work of human rights defenders in promoting human rights, democracy and the rule of law in Africa" and expressed serious concern "about the persistence of violations targeting individuals and members of their families, groups or organisations working to promote and protect human and peoples' rights and by the growing risks faced by human rights defenders in Africa" further "noting with deep concern that impunity for threats, attacks and acts of intimidation against human rights defenders persists and that this impacts negatively on the work and safety of human rights defenders". Consequently the ACHPR appointed "Madam Jainaba Joam as a Special Rapporteur on Human Rights Defenders in Africa for a period of two years with inter alia the mandate to cooperate and engage in dialogue with Member States, National Human Rights Institutions, relevant intergovernmental bodies, international and regional mechanisms of protection of human rights defenders, human rights defenders and other stake holders; [and to] raise awareness and promote the implementation of the UN Declaration on Human Rights Defenders in Africa". It is therefore quite evident that the ACHPR as the monitoring body established by the AU to promote and protect human rights on the African continent has firmly associated itself with the UN on the protection of the operating space of hrds and NGOs in the world. There is no doubt that the proposed NGO legislation is contrary to international standards and norms.

At the political level the Organisation of African Unity called on Member States "to take appropriate steps to implement the UN Declaration on Human Rights Defenders in Africa". This was in Mauritius in what is now known as the Grand Bay (Mauritius) Declaration. The African leaders also adopted the Kigali Declaration, which recognises "the important role that the human rights defenders play in the promotion and protection of human rights in Africa". At the recent AU Heads of State and Government Assembly held in Addis Ababa July 2004, the AU adopted a resolution on the establishment of an Economic and Social Council (ECOSOC Council) comprising of Civil Society Organisations in recognition of the important role that civil society plays in promotion and protection of all human rights. The AU adopted NEPAD at its Maputo summit as the official programme for Africa's economic revival. NEPAD emphasises the importance of observance of human rights, good governance and the rule of law as a basis for sustainable economic development. NEPAD specifically realises and acknowledges the importance of NGOs and civil society in sustainable economic development. It follows therefore that the way that the ACHPR has looked at the question of hrds and NGOs is consistent with the political expectations and expressions by the AU leaders. The proposed NGO bill falls way short of the commitments that the Zimbabwean government has to the rest of the regional and international community.

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP