Johannesburg — Align Domestic Laws with International Standards
Human Rights Watch called today for the Zambian government to act swiftly and repeal the NGO Act No. 16 of 2009, which imposes undue restrictions on nongovernmental organizations and civil‑society groups. The law places NGOs under a government‑dominated registration board that can interfere with their activities, subjecting them to excessive and unwarranted controls.
Opposition leader President Hakainde Hichilema has described the Act as “draconian and repressive” and pledged support for its repeal. Yet, nearly two years into his term, his administration has not fulfilled that promise. “Independence from government control is an essential ingredient in the functions of civil society and nongovernmental organizations,” said Idriss Ali Nassah, senior Africa researcher at Human Rights Watch. “Zambia should repeal the NGO law so that civil‑society organizations can freely provide critical analysis and checks and balances without the threat of being shut down or denied registration.”
When the law was enacted, Zambian organizations protested its arbitrary registration procedures, imposed code of conduct, and the requirement to submit annual information on activities, funders, accounts, and officials’ personal wealth. Penalties for non‑compliance range from suspension to revocation of registration, and registration requests can be denied on vague, broad grounds.
Seven Zambian groups—including Transparency International Zambia, Alliance for Community Action, and the Zambia Council for Social Development—have urged the government to accelerate the repeal. In a statement they said, “While recognizing the efforts by the Zambian Government to repeal the NGO Act, we are saddened by the slow pace of the process. There is a need to expedite the repeal so that NGOs can continue to play their role effectively.” They added that the Act is retrogressive and assaults freedoms of association and expression.
Restrictive NGO laws are spreading across southern Africa. In Zimbabwe, President Emmerson Mnangagwa is expected to sign the Private Voluntary Organisation Amendment Act, which would allow the government to cancel registrations of organizations deemed to have “political affiliation” with little judicial recourse. The existing Private Voluntary Organisation Act has already been used to withdraw registration from hundreds of civil‑society groups. In Mozambique, lawmakers are poised to approve a controversial law that would give the government sweeping authority to control, and even shut down, nonprofit organizations.
Josiah Kalala of Chapter One Foundation in Lusaka warned that the Zambian law “poses an existential threat to NGOs,” calling it a tool for government control that restricts civic space and the right to associate.
Human Rights Watch urged President Hichilema to honor his pledge to repeal the restrictive law. In its current form, the NGO Act contravenes several international human‑rights treaties ratified by Zambia, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, and it conflicts with the African Union’s Guidelines on Freedom of Association and Assembly. “The very existence of this law is a blot on Zambia’s standing in the region and is against the country’s international human‑rights commitments,” Nassah said.
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