CHRR queries NGO Amendment Act
Centre for Human Rights and Rehabilitation (CHRR) has said the NGO (Amendment) Act 2022 passed last year is punitive and infringes on the freedom of association and expression.
In a submission to the Non- Governmental Organisations (NGOs) Regulatory Authority, formerly NGO Board, as part of the operationalisation process of the new law, CHRR said the new law is restrictive and curtails NGO participation in political areas of society.
According to the NGO authority, the amended Act requires stakeholders to submit views on how to operationalise it; hence, it has been making consultations, seeking views and making clarifications about the amended Act.
However, CHRR’s in the submission seen by The Nation yesterday, says the regulation states that a non-governmental organisation (NGO) or its staff shall not engage in political activities, including contesting in any political position, holding any political position, be a member of a political party and always engaging in one party or candidate.
CHRR said these restrictions do not advance a reasonable or objective goal, but undermines the ability of individuals, who work for NGOs, to participate in public affairs contrary to African Union (AU) Commission guidelines.
Reads the submission in part: “The AU guidelines state that associations shall be able to engage in the political, social and cultural life of their societies and to be involved in all matters pertaining to public policy and public affairs, including, inter alia, human rights, democratic governance and economic affairs at national, regional and international levels.”
“Additionally, individuals have the right to participate in public affairs, either directly or through freely chosen representatives. International Covenant on Civil and Political Rights] [Article 25 [b] specifically guarantees the right and the opportunity to vote or be elected at genuine periodic elections.”
In an interview yesterday, CHRR executive director Michael Kaiyatsa said this law will also affect the 50:50 campaign which is political in nature as NGOs take a leading role in promoting female candidates.
He said: “It is mostly politics in the 50:50 campaign as NGOs tell people who to vote for. This law will make it difficult for NGOs to take part in the campaign.”
NGO authority chief executive officer Voice Mhone refused to comment specifically on issues raised by CHRR, but said they are getting views from different stakeholders on how to implement the Act.
“After the Act was amended, we needed to consult so that we agree on exact regulations on how to operationalise it,” he said.
