LUSAKA, Zambia, Dec 06 (IPS) – Over the past few years, new “tools of control” affecting the work of civil society organisations have multiplied, often imposing forms of “bureaucratic criminalisation” and “administrative harassment”. In particular, more and more restrictive and demanding laws are hurting civil society organisations’s capacity to operate across the globe.
2024 saw a new NGO Bill being proposed in Zambia. The proposed Bill seeks to introduce new regulations for the governance of civil society organisations. Under the bill, all NGOs would be required to re-register every five years and adhere to mandatory membership in a government-regulated central body. It also imposes stringent reporting requirements, including disclosure of activities, funding sources, and personal wealth declarations by NGO officials. Failure to comply with these provisions could result in severe penalties, including heavy fines and imprisonment.
“Placing the same onerous registration requirement on small Community Based Organisations in the provinces as their national well resource counterparts shows very weak understanding of the NGO landscape in Zambia. These requirements would wipe out scores of organisations who carry out vital grassroot work,” says Laura Miti, Executive Director at Alliance for Community Action.
Zambian CSOs warn that these measures, far from promoting accountability or transparency, represent an overreach by the state, placing undue burdens on organizations and jeopardizing their autonomy. If enacted, the NGO Bill could severely limit the ability of CSOs to operate independently, advocate for human rights, and support development initiatives across the country.
“The Non-Governmental Organisations Bill continues the trend by the government to oversee the work of civil society. Several provisions undermine the work that advocacy civil society organisations undertake. The Bill is not a result of consensus among civil society and between civil society and government. Civil society’s asks have not changed since the government began taking steps to enact legislation regulating the sector years ago. Yet, each time a Bill is shared, it does not reflect the aspirations of the sector and does not provide any protections an enabling legislation should,” says Josiah Kalala, Executive Director at Chapter One Foundation.
In a joint statement signed by platforms representing over 400 organizations, including the Zambia Council for Social Development (ZCSD), Transparency International, NGOCC, and the Civil Society for Poverty Reduction (CSPR), Zambian CSOs have highlighted the following critical issues with the proposed bill:
- Overregulation and Intrusiveness: Provisions such as mandatory central membership and re-registration undermine the sector’s autonomy and self-regulation capabilities.
- Punitive Measures: Disproportionate penalties for non-compliance, including imprisonment, create an environment of fear rather than collaboration.
- Lack of Consultation: The bill was introduced without adequate stakeholder engagement, sidelining the voices of the very organizations it seeks to regulate.
Leah Mitaba, Executive Director of the Zambia Council for Social Development, underscores the need to have laws that promote collaboration and transparency, not control and coercion: “Zambia is a State Party to the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights. These legal frameworks call on member states to avoid enacting laws that restrict civic space or hinder fundamental freedoms, including expression, association, and assembly. Unfortunately, the proposed 2024 Bill risks undermining these commitments. Therefore, the government’s decision to initiate consultations is a step in the right direction. It is hoped that this dialogue will lead to a self-regulatory framework that fosters the vibrancy and effectiveness of civil society organizations in Zambia.”
Additional concerns: cybersecurity and Anti-Terrorism legislation
In addition to the NGO Bill 2024, three new bills—the Cyber Security Bill 2024, Cyber Crimes Bill 2024, and Anti-Terrorism Bill—have been introduced and fast-tracked to parliament. While the stated objectives of these bills are to safeguard national security, combat cybercrime, and address terrorism, their provisions raise serious concerns about human rights, democratic governance, and constitutional compliance.
Key concerns raised by Zambian CSOs include:
- Broad Surveillance Powers: The bills grant the government sweeping authority over digital infrastructure and allow for the interception of communications without sufficient safeguards, raising significant concerns about privacy and data protection.
- Vague and Overbroad Definitions: Ambiguities in the language of the bills risk the criminalization of legitimate CSO activities, as well as broader civic engagement, advocacy, and free speech.
- Continuity of Authoritarian Practices: CSOs have criticized the UPND administration for rushing the legislative process and sidelining public participation, echoing practices heavily condemned under the previous PF administration.
In a joint statement, Zambian CSOs called on Members of Parliament to reject these bills in their current forms and urged the United Party for National Development (UPND) administration to withdraw them for broader consultation and review. “Laws protecting Zambia’s security must also protect Zambia’s democracy and rights,” the statement emphasizes.
CSOs also highlighted that these laws, if enacted, would undermine constitutional protections and set a dangerous precedent for future legislation. They have appealed to Zambian citizens to demand accountability from their representatives, warning that these laws will shape the future of freedoms, privacy, and the ability to speak out in the country.
What do the bills mean for civil society?
The concerns raised by Zambian CSOs go beyond the immediate implications of the proposed bill. At stake is the broader enabling environment for civil society—a combination of legal, institutional, financial and social factors that allow CSOs to operate effectively and contribute meaningfully to development efforts and community support. This includes ensuring:
- Protection of Fundamental Freedoms: Safeguarding the rights to freedom of association, expression, and assembly.
- Access to Resources: Providing CSOs with the resources, capacities, tools and support they need to pursue their goals without undue restrictions.
- Inclusive Decision-Making: Facilitating CSOs’ participation in shaping policies and the communities they represent.
“Many CSOs are caught in a web of increasingly complex regulations that limit their ability to operate freely. From endless bureaucratic delays to arbitrary decisions and denial of permits, these tactics slow civil society organisations down and drain their resources. Many are denied access to critical funding, while also facing stringent reporting requirements from donors, creating financial insecurity. This results in various forms of economic and emotional pressures,” said Forus director Sarah Strack in a recent article.
Next steps: what civil society is calling for
Zambian CSOs have consistently demonstrated their commitment to transparency and accountability through self-regulation initiatives. They have called on the government to build on these efforts rather than impose restrictive measures that could stifle civic engagement.
Zambian CSOs are calling on the government to demonstrate its commitment to democratic governance by:
- Revisiting the Bills: Conduct an independent assessment of these laws to ensure compliance with constitutional standards and democratic principles.
- Protecting the Environment of Civil Society Organisations: Ensuring that any regulatory measures enhance, rather than restrict, the ability of CSOs to carry out their work.
- Supporting Self-Regulation: Building on existing self-regulation efforts to promote transparency and accountability within the sector.
- Broaden Consultation: Engage with civil society, legal experts, and the public to develop balanced legislation that protects both national security and human rights.
- Uphold Accountability: Recognize that legislative authority derives from the people and must reflect their needs and constitutional values.
With the UN Special Rapporteur visiting Zambia in January 2025 there is a call now to bring these issues to light and advocate for meaningful reforms. Zambia’s civil society calls on national and international partners to stand in solidarity with their efforts to protect the enabling environment.
Leah Mitaba Executive Director of the Zambia Council for Social Development and Bibbi Abruzzini Communications Coordinator at Forus.
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© Inter Press Service (2024) — All Rights ReservedOriginal source: Inter Press Service
