The Zambia NGO Act controversy deepens

THE Zambian government has started issuing letters of de-registration to Non Governmental Organisations (NGOs) that have refused to register under the NGO Act of 2009. Top on the list include the Non Governmental Organisation Coordinating Committee NGOCC, Transparency International and Action Aid Zambia all of whom have been very instrumental in speaking out on matters of good governance.

In February 2014 Four Hundred and Sixty (460) Non-Governmental Organizations (NGOs) announced their resolve not to register under the Non Governmental Organizations (NGO) Act until all the necessary amendments on what they termed as an unconstitutional Act of 2009 were done.

In 2013 The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai wrote to the Zambian government on the alleged undue interference with the work and organizational structure of civil society organizations.

The Special Rapporteur observed with regret that the Government of Zambia had not responded to his communication. The heart of his observation was that the Zambian Non-Governmental
Organizations Act unduly limits the right to freedom of association. In 2009, the Zambian government enacted the NGO Act to provide for more stringent regulation of NGOs. This Act however does not apply to churches, clubs, political parties, professional groups or organisations, trade unions and religious organisations. This clearly indicated that the target of this law was advocacy and civil rights organisations that are engaged in civic education and holding government accountable on matters of democracy and good governance. 

Non Governmental Organisation Coordinating Council (NGOCC) Chairperson, Beatrice Grillo, says no genuine NGO is prepared to register under the Act in its current form as it is retrogressive and does not serve the best interest of civil society.

The position taken by NGOCC and its hundreds of affiliates is justifiable given that the Act in its current form come in direct conflict with Article 21 of the Zambia constitution as its scope goes beyond the prior restraints permissible under the Article and restricts freedom of association and movement.

The NGO Act has provisions that literally make the government control the internal affairs of NGOs. This is undesirable when one considers the fact that each NGO operates on a different mandate in accordance with their its own objectives and must be allowed to define its own programme priorities.

The application and registration provisions are unclear and place an unnecessary financial burden on NGOs. The Act does not recognise the previous legal status of registered NGOs under the existing legal frame work (societies Act and PACRA.) The Act is also silent on the status of other NGOs such as those in disability registered under the Zambia Agency of Persons with Disabilities and Youth NGOs registered under the Youth Development Act. The provision in the NGO Act on re-registration is confusing and ambiguous as it only provides for a transition period for all NGOs to re-register without showing cause as to why their previous registration should be rendered invalid.

Under the NGO Act a 15 member Board composed mostly of government officials is in place with a mandate to register non-governmental organisations; approve the area of work of non-governmental organisations operating in Zambia; maintain a register of national and international non- governmental organisations operating in Zambia, with the sectors, affiliations and locations of their activities.

This Board is also mandated to recommend the rules and procedures for the audit of the accounts of non-governmental organizations; prescribe rules for the declaration of assets and liabilities by officers of non-governmental organisations; receive and discuss the annual reports of non-governmental organisations submitted by the non-governmental organisations pursuant to section twenty-six; advise the Government on the activities of the non- governmental organisations and their role in development in Zambia. The board also discusses and approve the code of conduct prepared by the Council for the self regulation of non-governmental organisations and their operations in Zambia. All the above mentioned functions entail a heavy handed state control of the structure and operations of NGOs. This is one of the key reasons why the UN is opposed to the Act in its current state and so does the civil society movement in Zambia.

The law was enacted by the Movement for Multi Party Democracy (MMD) government amidst protests from civil society. The Patriotic Front then in opposition joined forces with civil society in de-campaigning the MMD on the basis of the NGO Act being an undemocratic piece of legislation meant to stifle dissent. The Act gives the Minister responsible for social welfare the power to extend the application of the Act to such other organisations as the Minister may determine. Many Zambian are wondering why the PF government has as is the case on the enactment of the new constitution also backtracked on its promise not to enforce the NGO Act in its current form but subject it to review and amendment. On Page 49 of the Patriotic Front manifesto the PF indicated that the relationship between civil society organisations and the State was essentially fraught with suspicion, antagonism and conflict due to lack of appreciation by the MMD government of the role of the civil society as a partners in national development. In order to enhance the role of the civil society and its relationship with the State the PF government shall:

 • Recognize the State and civil society as mutually interdependent and complementary partners in national development;

• Guarantee the active participation of civil society in matters of social justice and good governance; • Promote constant dialogue between the State and the civil society;

 • Review the Non-Governmental Organizations Act of 2009 so as to promote the above.

This is not happening and much less the opposite is happening. There are many things wrong with the NGO Act and in its current form it should not exist on the statute books of a democratic country. In principle, members of associations should be free to determine their statutes, structure and activities and make decisions without State interference.

The government should put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms of peaceful assembly and association without undue hindrances.

The International Covenant on Civil and Political Rights acceded by Zambia on 10 April 1984, guarantees the right to freedom of peaceful assembly and of association (article 21 and 22). According to article 21 of the International Covenant on civil and political rights “No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others”.

The only way out is for the Zambian government to initiate discussions on the review of the Act if the country is to salvage its dwindling democratic credentials.