Civil Society Fights New Legal Threats and Restrictive NGO Laws – Global Issues
LUSAKA, Zambia, Dec 06 (IPS) – Over the past few years, new “regulatory tools” affecting the work of civil society organizations have proliferated, often imposing forms of “legal violations” and “administrative abuses”. In particular, overly restrictive and demanding laws undermine the ability of civil society organizations to operate globally.
In 2024 a new NGO Bill was proposed in Zambia. The proposed Bill aims to introduce new regulations to govern public bodies. Under the bill, all private entities will be required to re-register every five years and follow mandatory membership in the state-controlled highway. It also imposes strict reporting requirements, including disclosure of activities, sources of funding, and declarations of personal wealth by NGO officials. Failure to comply with these regulations may result in severe penalties, including heavy fines and imprisonment.
“Putting the same registration requirements on small community-based organizations in the provinces as their national resource partners shows a very poor understanding of the NGO landscape in Zambia. These requirements will remove a number of organizations that are doing important work,” said Laura Miti, Executive Director at the Alliance for Community Action.
Zambian CSOs warn that these measures, far from promoting accountability or transparency, represent state overreach, impose undue burdens on organizations and jeopardize their independence. If passed, the NGO Bill would significantly reduce the ability of CSOs to operate independently, advocate for human rights, and support development programs across the country.
“The non-governmental organizations bill continues the way the government looks at the work of civil society organizations. Several provisions undermine the advocacy work of civil society organizations. This Bill is not the result of a consensus between civil society organizations and between the public and the government. The questions of civil society organizations have not changed since the government started taking steps to establish the law that regulates this sector years ago. However, each time a Bill is passed, it does not reflect the wishes of the sector and does not provide any protection that the enabling legislation should,” said Josiah Kalala, Executive Director at Chapter One Foundation.
In a statement signed by bodies representing more than 400 organizations, including the Zambia Council for Social Development (ZCSD), Transparency International, NGOCC, and the Civil Society for Poverty Reduction (CSPR), Zambian CSOs identified the following important issues regarding the proposed proposal. bill:
- · Extremes and Interventions: Provisions such as mandatory membership and re-registration undermine the sector’s independence and self-regulatory capacity.
· Punitive measures: Inequitable penalties for non-compliance, including imprisonment, create an atmosphere of fear rather than cooperation.
· Lack of Consultation: The bill was introduced without sufficient communication with the stakeholders, leaving aside their voices and the very organizations you want to control.
Leah Mitaba, Executive Director of the Community Development Council of Zambia, emphasizes the need to have laws that encourage 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 Rights and People. These legal frameworks ask member states to refrain from enacting laws that restrict public space or restrict basic freedoms, including speech, assembly, and association. Unfortunately, the proposed Bill 2024 risks undermining these obligations. Therefore, the government’s decision to initiate the consultation is the right step. It is hoped that this dialogue will lead to a self-regulatory framework that promotes the flourishing and effective functioning of civil society in Zambia.”
Additional concerns: Cybersecurity and Anti-Terrorism legislation
In addition to the NGO Bill 2024, three new bills—the Cyber Security Bill2024, the Cyber Crime Bill2024, and the Anti-Terrorism Bill Although the stated purposes of these laws are to protect national security, fight cybercrime, and combat terrorism, their provisions raise serious concerns about human rights, democratic governance, and constitutionality.
The main grievances expressed by Zambian CSOs include:
- Broad Surveillance Capabilities: The bills give the government greater authority over digital infrastructure and allow the interception of communications without adequate safeguards, raising serious concerns about privacy and data protection.
· Vague and broad definitions: Ambiguity in the bill’s language risks jeopardizing CSO official duties, as well as broader public engagement, advocacy, and free speech.
· Continuity of Approval Processes: CSOs have criticized the UPND administration for speeding up the legislative process and marginalizing public participation, echoing the much-criticized practices under the previous PF administration.
In a joint statement, Zambian CSOs urged Members of Parliament to reject the legislation in its current form and urged the leadership of the United Party for National Development (UPND) to withdraw it for further consultation and review. “Laws that protect Zambia’s security must also protect Zambia’s democracy and rights,” the statement stressed.
CSOs also highlighted that these laws, if enacted, would undermine constitutional protections and set a dangerous precedent for future legislation. They urged Zambian citizens to demand accountability from their lawyers, warning that these laws will shape the future of freedom, privacy and free speech in the country.
What do these laws mean to society?
The grievances expressed by CSOs in Zambia go beyond what is covered by the proposed bill. At stake is the broader enabling environment—the combination of legal, institutional, financial and social factors that enable CSOs to operate effectively and participate meaningfully in development efforts and community support. This includes ensuring:
- · Protection of Fundamental Freedoms: Protecting the rights to freedom of assembly, speech, and association.
· Access to Services: To provide CSOs with the resources, skills, tools and support they need to pursue their goals without undue restrictions.
· Inclusive Decision Making: Promoting the participation of CSOs in shaping policies and representing communities.
“Many CSOs are caught in a series of increasingly complex regulations that limit their ability to operate freely. From endless legal delays to arbitrary decisions and denials of permits, these tactics weaken civil society and drain their resources. Many are denied access to critical funding, while facing strict reporting requirements from donors, creating financial insecurity. This results in various forms of economic and emotional stress,” said Forus director Sarah Strack in a recent article.
Next steps: what the public wants
CSOs in Zambia have consistently demonstrated their commitment to transparency and accountability through self-regulation. They urged the government to build on these efforts rather than imposing restrictions that could hinder social interaction.
CSOs in Zambia are calling on the government to demonstrate its commitment to democracy by:
- · Revising Bills: Conduct an independent review of these laws to ensure compliance with constitutional standards and democratic principles.
· Protecting the Environment of Civil Society Organizations: Ensuring that any regulatory measures enhance, rather than limit, the ability of CSOs to carry out their work.
· To support abstinence: Building on existing regulatory efforts to promote openness and accountability within the sector.
· Comprehensive Consultation: Engage with civil society organizations, legal professionals, and the public to create balanced legislation that protects both national security and human rights.
· Maintain Accountability: Know that the authority to legislate comes from the people and must reflect their needs and constitutional principles.
With the visit of the UN Special Envoy to Zambia in January 2025 there is now a call to bring these issues into the open and fight for meaningful change. The Zambian civil society organization is calling on national and international partners to stand in solidarity with their efforts to protect the enabling environment.
Leah Mtaba The 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
