The African Charter was signed by Zimbabwe on 26 February 1986 and ratified on
30 May 1986. Article 1 requires member states to the African Charter recognise and
give effect to human rights duties and freedoms in the Charter. The NGO Bill does
not give effect to human rights, especially since NGOs that deal with governance
issues are restricted. It is a reality that there is no way the government can realize
enough funds to fully cater for governance and human rights issues. Government
should therefore allow other stakeholders to come in and assist for the promotion of
human rights.
Article 13 (1) provides that:
“ Every citizen shall have the right to participate freely in the government of his
country, either directly or through freely chosen representatives in accordance with
the provisions of the law”.
Therefore the Charter allows people to participate in governance issues through
“freely chosen representatives”. Therefore, by restricting NGOs that deal with
governance issues, the Bill seeks to contravene an instrument, which it is a signatory
to.
Article 14 guarantees the right to property, which may only be breached in the
interest of public need or in the interest of the community. In this regard, should
government take over assets that belong to NGOs, then it would be going against
what it set out to do.
In addition the recently passed OAU/AU Declaration on the Principles Governing
Democratic Elections in Africa (Durban 2002) emphasises the role of civil society in
electoral process.
3.3 SADC PRINCIPLES AND GUIDELINES GOVERNING DEMOCRATIC
ELECTIONS
Zimbabwe recently signed SADC Guidelines and Principles Governing Democratic
Elections which requires that SADC Member States shall adhere to the following
principles amongst others in the conduct of democratic elections:
➢ Full participation of the citizens in the political process
➢ Freedom of association
➢ Political tolerance
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