Tanzania
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TANZANIA: ‘What is needed is a new constitution reflecting the will of the people’
CIVICUS speaks about the prospects for democratic change under a new president in Tanzania with Maria Sarungi Tsehai, a communications expert and founder of Change Tanzania. Change Tanzania is a social movement that began on social media as an informal group of people focused on bringing positive, sustainable change to Tanzania.
What is the current state of civic space – the freedoms of association, peaceful assembly, and expression – in Tanzania?
Civic space continues to be restricted, as the legal framework has not changed. Amendments have been proposed to the 2020 Electronic and Postal Communications (Online Content) Regulations, which have led to the severe restriction of online freedom of expression and digital media freedoms. However, these amendments are limited good news, as critical issues such as the criminalisation of what is perceived as ‘fake news’ or misinformation remain and the authorities have retained ultimate arbitrary power to take action and have so-called ‘prohibited content’ removed within two hours. The list of prohibited content, which is open to interpretation and has been used to restrict media freedom and the freedom of expression in the past, remains.
Regarding the freedom of peaceful assembly, restrictions have become harsher, to the extent that internal political party meetings are now banned and have been disrupted by riot-geared police, as witnessed recently in the case of a number of meetings and convenings held by the main opposition party, the Party for Democracy and Progress – better known as CHADEMA for its acronym in Swahili – as well as in the case of the National Convention for Construction and Reform, another opposition party, whose internal council meeting was broken up by the police on 28 August 2021.
Those who continued to gather in defiance have been illegally detained and kept incommunicado. In some cases, this has involved dozens of people, while recently in Mwanza, in northern Tanzania, it has affected close to 100 CHADEMA supporters. The chairman of CHADEMA, Freeman Mbowe, was recently abducted by masked security forces and held incommunicado for days before being charged with terrorism – all because he defied police calls and flew to Mwanza to be part of a symposium on constitutional reforms.
President Samia Suluhu Hassan has accused citizens leading movements for constitutional reform of fostering foreign interests and seeking to destabilise the country for personal gain, therefore designating their actions as ‘sedition’.
When CHADEMA supporters assembled outside the court building the day Freeman Mbowe was due to appear in court, they received rough treatment from the police and were picked off the streets and detained just for standing silently with banners and wearing opposition t-shirts. Many women have been detained in such a way and denied their basic rights to food, water and sanitary pads while in illegal detention. One female CHADEMA leader, Neema Mwakipesile, was detained for over 14 days, and was initially denied any access to a lawyer or contact with family members.
The government has also frequently instrumentalised the COVID-19 pandemic to limit political gatherings. Specifically, any gathering deemed to be critical of the government is restricted using COVID-19 regulations, while mass gathering in stadiums for sports and entertainment are still allowed.
As for restrictions on the freedom of expression, harsh reprisals against those speaking up have not been limited to opposition members and critics but have recently started to target dissenting voices within the ruling Party of the Revolution (Chama Cha Mapinduzi, CCM). On 31 August 2021, a CCM member of parliament, Jerry Silaa Ukonga, was suspended because during a meeting with his constituents he said that parliamentarians should pay income taxes. His suspension will deter other lawmakers from speaking up any matter that may be deemed critical of the government, as the parliamentary leadership is an extension of the executive rather than an independent pillar of government.
Has the new government under President Suluhu – who came to power following the death of President John Magufuli – taken any steps to improve the conditions for civil society and the expression of dissent?
First of all, calling it a ‘new government’ is a misnomer, because it is basically the same government, in which the former vice president became president and a little cabinet reshuffle took place, but most key positions were retained by the same group of people. There was some hope around the new minister responsible for foreign affairs, but for civil society not much has changed, as the mechanisms for the oversight of civil society organisations (CSOs) and the legal framework have remained in place.
In fact, a by-law has been recently introduced whereby CSOs are not allowed to give out joint statements without previously developing a memorandum of understanding that needs to be submitted and registered with the NGO Registrar. So it’s the same laws and the same people who continue to be a threat to any open dissent. This continuity is visible in the government’s response to Tanzania’s Universal Periodic Review examination at the United Nations Human Rights Council, which hardly seems to have addressed any area of concern.
The only visible difference under the new president has been the government’s admission of the existence of the COVID-19 pandemic. The new president has introduced and encouraged COVID-19 preventative measures and Tanzania officially joined the COVAX initiative, as a result of which it has received vaccines.
However, there has been no change regarding the key people overseeing health policies, and as a result trust in the government is low. The mixed messaging has led to apathy and disbelief; therefore, vaccine uptake is slow and even precautions are not enforced genuinely and systematically. Additionally, COVID-19 data has not been released in a regular and systematic manner. The government randomly releases ad hoc and aggregate numbers that are impossible to assess. There are evidently a lot of COVID-19-related deaths that go undocumented.
Do you think the fact that the country has its first female president will make a difference for women’s rights?
So far, nothing has changed. In fact, President Suluhu has fronted herself as a patriarchy enabler, both in rhetoric and appointments. She has adopted approaches similar to those used by previous governments to target opposition and dissent. She has even refused to lift a ban on pregnant schoolgirls from re-entering formal education after delivery.
For real change to happen, a shift in fundamental structures needs to take place, starting with constitutional and legal reforms to enable political competition and allow access for more female decision-makers who are not dependent on patronage by the male-dominated leadership of the CCM. But President Suluhu is ignoring calls for constitutional reform.
What would the government need to do so that Tanzania becomes more open and democratic?
Unfortunately, the government led by the CCM, which is in power as a result of an openly rigged election that was accompanied by one of the most violent post-election repression episodes, is not capable of driving any democratic reform. What is needed is a new constitution reflecting the will of the people. A good place to start would be the ‘Warioba draft’ – named after the chairperson of the Constitutional Review Commission, retired judge Joseph Warioba - that was published in 2013 and ditched at the last minute by CCM in October 2014, during its failed attempt to pass a new constitution through a constituent assembly.
The process has to be revived and it has to be multi-party and involve the citizenry more broadly. But President Suluhu seems unwilling to do this, and in some cases, as in that of Freeman Mbowe, she has shown outright hostility towards the opposition. If its only goal is to cling to power, the government will not work on any real reforms. The sooner this becomes clear to everyone, the better.
Besides writing a new constitution, the government would also need to improve accountability, especially by following up on the Controller and Auditor General’s (CAG) Annual Report. The first thing that President Suluhu did when she was sworn in was to ask the CAG to submit its report and promised that measures would be taken against those civil servants who were involved in wrongdoing. She also ordered a CAG special audit of the Central Bank for the first quarter of 2021. But the report was never published, and only a press statement was released which said that everything was in order. Regarding accountability and transparency, rejoining the Open Government Partnership would be a good starting point. The government should also introduce police and prison reforms and make new appointments for positions including judges, the Inspector General of Police, the Attorney General, the Chief Justice, and other positions to improve justice and social services.
How can global civil society support civil society in Tanzania?
The main focus should be on high-level, intense pressure on the government of Tanzania to engage with the opposition and credible civil society representatives and citizen groups in ushering in constitutional reforms so that by 2025 we will have laid down the foundations for free and fair elections. Otherwise, the next elections may put Tanzania on a very dangerous path in many regards.
Global civil society needs to make sure that Tanzania is held accountable and that in all discussions fundamental structural and legal framework reforms are emphasised. It should make sure not to succumb to nice promising rhetoric and superficial cosmetic changes because allowing the government to get away with such flimsy actions will have very grave consequences.
Those funding projects in Tanzania need to consider funding social movements and more loose coalitions of citizens and groups rather than small circles of civil society actors that embrace a top-down approach. This will have significant impacts on building a society conducive to the greater good and serving the wider population.
Civic space inTanzaniais rated as ‘repressed’by theCIVICUS Monitor.
Get in touch with Change Tanzania through itsFacebook page and follow@ChangeTanzania and@MariaSTsehai on Twitter. -
Tanzania: 38 NGOs call on states to express concern over human rights
#Tanzania: Activists & journalists are experiencing a rapid decline in #civicspace. 38 rights groups call on #UN Member States to take action at the Human Rights Council (#HRC). Joint letter: https://t.co/M9JM5MxQ99 pic.twitter.com/7XOOGugyeP
— CIVICUS (@CIVICUSalliance) May 13, 2019Today, CIVICUS and 37 Tanzanian, African and international human rights organisations publish a letter calling on states to use the next session of the UN Human Rights Council (HRC) to raise concern over Tanzania’s situation in order to prevent a further deterioration.
Since a group of 30 NGOs first wrote a letter on Tanzania, in August 2018, the space for human rights defenders (HRDs), civil society, journalists, bloggers, the media, LGBTI persons, and opposition and dissenting voices has continued to shrink. The situation in Tanzania, which ranks 118th in Reporters Without Borders’ World Press Freedom Index this year, calls for a response at the United Nations. This can be in the form of individual (national) or joint statements by state delegations.
In the letter, the group of NGOs say: “While we do not believe that at this point, the situation calls for a [HRC] resolution, warning signs of a mounting human rights crisis exist.” We echo the statements delivered in recent months by the UN High Commissioner for Human Rights, and call for preventative engagement with the Tanzanian government.
To Permanent Representatives of Member and Observer States of the United Nations Human Rights Council
Open letter to States on preventative engagement with, and action on, Tanzania at the Human Rights Council’s 41st session
Excellency,
Ahead of the 41st regular session of the UN Human Rights Council (“the Council”), which will take place from 24 June-12 July 2019, we write to call on your delegation to deliver statements, both jointly and individually, and to engage in bilateral démarches to address the ongoing deterioration of the human rights situation in the United Republic of Tanzania.Since a group of 30 civil society organisations (CSOs) first addressed a letter on Tanzania to Council Members and Observers, in August 2018 references [1], the space for human rights defenders (HRDs), civil society, journalists, bloggers, the media, LGBTI persons, and opposition and dissenting voices has continued to shrink. While we do not believe that at this point, the situation calls for a resolution, warning signs of a mounting human rights crisis exist.
- General debate (GD) under item 2, following the High Commissioner’s update;
- GD under item 3, in relation to the report of the High Commissioner on the work of OHCHR in the implementation and enhancement of international cooperation in the field of human rights and in relation to cooperation with special procedures;
- GD under item 4 [9];
- GD under item 10 [10]; and
- Interactive dialogues (IDs) with:
- the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression,
- the Special Rapporteur on the rights to freedom of peaceful assembly and of association, and
- the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity.
[1] DefendDefenders et al., “Tanzania: Open letter to States for joint action to address crackdown on civic space and prevent a further deterioration of the situation,” 16 August 2018, https://www.defenddefenders.org/press_release/hrc39-address-crackdown-on-civic-space-in-tanzania/(accessed 25 April 2019).
[2] Ibid., and see below for recent developments. Relevant laws include the Electronic and Postal Communications Act (2010) and Online Content Regulations (2018), the Statistics Act (2015), the Cybercrimes Act (2015), the Media Services Act (2016), and the Access to Information Act (2016). See full analysis in DefendDefenders, “Spreading Fear, Asserting Control: Tanzania’s assault on civic space,” 26 June 2018, https://www.defenddefenders.org/publication/spreading-fear-asserting-control-tanzanias-assault-on-civic-space/, accessed 25 April 2018.
[3] Office of the UN High Commissioner for Human Rights (OHCHR), “Bachelet: Tanzania has duty to protect – not further endanger – LGBT people,” 2 November 2018, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23817&LangID=E (accessed 25 April 2019).
[4] See also Reuters, “Tanzania MPs grant government sweeping powers over political parties,” 30 January 2019, https://www.reuters.com/article/us-tanzania-politics/tanzania-mps-grant-government-sweeping-powers-over-political-parties-idUSKCN1PO0IA (accessed 25 April 2019).
[5] Statement available on the HRC webcast, http://webtv.un.org/search/tanzania-high-level-segment-5th-meeting-40th-regular-session-human-rights-council/6007149576001/?term=kabudi&sort=date (accessed 25 April 2019).
[8] CIPESA, “CIPESA Executive Director Detained At Tanzania Airport – UPDATE,” 25 April 2019, https://cipesa.org/2019/04/cipesa-executive-director-detained-at-tanzania-airport/ (accessed on 1st May 2019).
[7] Committee to Protect Journalists, “Tanzania imposes 7-day publication ban on The Citizen,” 1st March 2019, https://cpj.org/2019/03/tanzania-citizen-7-day-publication-ban.php (accessed on 1st May 2019).
[9] East African Court of Justice, First Instance Division, Reference No.2 of 2017, Media Council of Tanzania, Legal and Human Rights Centre Tanzania Human Rights, and Defenders Coalition vs. The Attorney General of the United Republic of Tanzania, 28 March 2019, available at: http://eacj.eac.int/wp-content/uploads/2019/03/Referene-No.2-of-2017.pdf(accessed 24 April 2019).
[10] Although we do not believe that, at this point, Tanzania deserves to be considered under the same item as countries with some of the gravest human rights records, a diplomatically-worded statement under item 4, which would refer to the need for Tanzania to engage in dialogue and cooperation and to take corrective action before the situation calls for a more robust multilateral response, could make a useful contribution to sending the Government the right message.
[11] Tanzania should be encouraged to accept advisory services to review and amend its legislation in order to bring it in line with its constitutional and international obligations, as well as to review and amend policies and practices, in particular those of law enforcement officials and regulatory authorities working with civil society and the media.
[12] In a statement delivered under item 3 (GD), on 14 September 2018, Tanzania stated: “The United Republic of Tanzania remains fully committed to the promotion and protection of human rights in the country and globally. We call upon the International Community to continue supporting us in this endeavour.” In a right of reply the Tanzanian delegation exercised on 11 September 2018, under item 2, Tanzania addressed a series of concerns that had been expressed over its domestic situation and pledged to “continue working diligently to improve its human rights situation” (full statements available on the HRC extranet).
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Tanzania: Civil society groups all on UN Human Rights Council to address crackdown on human rights
30 civil society groups call on the #UN Human Rights Council to address the crackdown on human rights defenders and press in #Tanzania - #HRC39 https://t.co/nAvBCXtahV pic.twitter.com/e4ZUPAsYmD
— CIVICUS (@CIVICUSalliance) August 16, 2018To Permanent Representatives of Member and Observer States of the United Nations Human Rights Council, Geneva, Switzerland
Excellency,
Ahead of the 39th regular session of the UN Human Rights Council (“the Council”), which will be held from 10-28 September 2018, we write to call on your delegation to deliver statements, both jointly and individually, to address the ongoing crackdown on civic space and human rights backsliding in the United Republic of Tanzania.
Considering the rapidly declining environment for human rights defenders (HRDs), civil society, journalists, bloggers, the media and dissenting voices in Tanzania, we, the undersigned non-governmental organisations (NGOs), make a joint appeal to Member and Observer States of the Council. At the 39th session, States should urge the Tanzanian Government to change course, cease any form of intimidation, harassment and attacks against HRDs, journalists, bloggers, and opposition members and their supporters, and amend restrictive laws and regulations with a view to bringing them in line with international human rights standards.
Since 2015, Tanzania has implemented newly-enacted draconian legislation and applied legal and extra-judicial methods to harass HRDs, silence independent journalism and blogging, and restrict freedoms of expression, peaceful assembly, and association.
We call on your delegation to make use of the following agenda items[1] to raise concern, jointly and individually, and to engage in a constructive dialogue with the Tanzanian authorities:
- General debate (GD) under item 2, following the High Commissioner’s update;
- General debate under item 3, in relation to reports of the High Commissioner and the Office of the UN High Commissioner for Human Rights (OHCHR);
- General debate under item 4;
- General debate under item 10; and
- Interactive dialogues (IDs) with the Working Group on arbitrary detention and the Working Group on enforced or involuntary disappearances.
- Additionally, bilateral and collective engagement in multilateral fora such as the Council and at the embassy level, in Tanzania, should be used to raise relevant issues with the Government.
Through these opportunities for dialogue, your delegation can help the Council fulfil its responsibility to “address situations of violations of human rights […] and make recommendations thereon” and to “contribute, through dialogue and cooperation, towards the prevention of human rights violations and respond promptly to human rights emergencies.”[2]
The 39th session should be leveraged to help prevent a further deterioration of the human rights situation in Tanzania and send the Tanzanian Government a message that the international community expects it to uphold its citizens’ human rights, in line with its obligations and the country’s history of openness, engagement, and respect for human rights.
We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information.
Sincerely,
- African Centre for Democracy and Human Rights Studies (ACDHRS)
- Africans Rising for Justice, Peace & Dignity
- ARTICLE 19
- Association for Human Rights in Ethiopia (AHRE)
- Association for Progressive Communications (APC)
- Caucasus Civil Initiatives Center
- Сenter for Civil Liberties – Ukraine
- CEPO – South Sudan
- CIVICUS: World Alliance for Citizen Participation
- Collaboration on International ICT Policy for East and Southern Africa (CIPESA) – Uganda
- Committee to Protect Journalists (CPJ)
- Commonwealth Human Rights Initiative
- Conectas Human Rights – Brazil
- DefendDefenders (The East and Horn of Africa Human Rights Defenders Project)
- FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
- Freedom House
- Global Witness
- HAKI Africa – Kenya
- Human Rights Concern – Eritrea
- HURISA – South Africa
- International Civil Society Center
- JOINT Liga de ONGs em Mocambique – Mozambique
- Ligue Burundaise des droits de l’homme Iteka – Burundi
- Observatoire des droits de l’homme au Rwanda – Rwanda
- Odhikar – Bangladesh
- Réseau Ouest Africain des Défenseurs des Droits Humains/West African Human Rights Defenders Network (ROADDH/WAHRDN)
- Robert F. Kennedy Human Rights
- Southern Africa Litigation Centre (SALC)
- World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
- Zambia Council for Social Development (ZSCD) – Zambia
[1] See the annexfor more detailed proposals for action, as well the report and letter referenced in footnotes 3 and 4.
[2] UN General Assembly resolution 60/251, paras. 3 and 5(f).
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Tanzania: Civil society groups express concern over rapid decline in human rights
Tanzania: 65 civil society groups call on the Tanzanian Government to address rapidly deteriorating environment for media, human rights defenders and opposition party members
#Tanzania: 65 rights groups urge government to end attacks on activists, journalists and members of the opposition party. #Civicspace in rapid decline https://t.co/PVn1DdeCM8 pic.twitter.com/UfSocmIx9p
— CIVICUS (@CIVICUSalliance) May 10, 2018To President John Magufuli
Your Excellency,
We, the undersigned civil society organisations (CSOs) from across the world, write to express our deep concern over the worrying decline in respect for human rights, including the rights to freedom of association, expression and peaceful assembly, in Tanzania. We urge your government to take proactive measures to protect these rights which are crucial to civic space and publicly recognise the essential role that a vibrant civil society and an independent media play in creating peaceful and equal societies.
Tanzania’s long-standing commitment to improving the human rights of all people, both nationally and within the region, is notable and should be acknowledged as such. However, we are deeply alarmed that these human rights issues are being precipitously undermined by the unwarranted closure of media outlets, judicial persecution and harassment of independent journalists, the targeted assassination of opposition party members, blanket restrictions on peaceful protests and the introduction and invocation of a raft of laws to undermine freedom of speech online. These and other forms of harassment and persecution of civil society and media discussed below erode Tanzania’s role as a regional champion of public freedoms, peace and stability and represent a breach of its international, national and regional human rights obligations and commitments.
New legal restrictions criminalizing freedom of expression on social and traditional media
The Electronic and Postal Communications (Online Content) Regulations, which was signed into law in March 2018, criminalises a broad scope of legitimate forms of online freedom of expression. Under the regulation, all bloggers and persons operating online radio and television streaming services must secure a license and pay an annual fee of over $900 before they can publish any material online. Such fees are not only financially prohibitive but place an arbitrary bar to entry to exercise the right to freedom of expression. We are also deeply concerned by provisions which endow the government with the authority to revoke a permit if a site or blogger publishes content that "causes annoyance" or "leads to public disorder."
Of equal concern are vague and overbroad provisions of the 2015 Cybercrimes Act which empower the government to arbitrarily ban and sanction the dissemination of newspaper articles or social media posts which it deems critical, including insulting the President. In particular, Article 16 criminalizes the publication of all information deemed “false, deceptive, misleading or inaccurate.” Persons found to have contravened the Act are subject to draconian prison sentences and harsh fines of not less than five million shillings ($2,190) or a term of not less than three years or both. Since coming into force, the law has been invoked to persecute dozens of individuals and journalists. In one week alone, five private citizens were charged under the Cybercrimes Act for statements made on Facebook, WhatsApp and other social media platforms, including a three-year sentence handed down to a private citizen for insulting President John Magufuli on Facebook.
Moreover, the Media Services Act, which came into force in November 2016, allows the authorities to unilaterally determine which journalists receive licenses, forces all journalists to obtain a license, and makes defamation and sedition a criminal offense. Under the law, the government-run Accreditation Board is empowered to “suspend or expunge journalists” for committing “gross professional misconduct as prescribed in the code of ethics for professional journalists.” The penalties for violating provisions of law are severe. According to the law, anyone found guilty of acting with a seditious intention who commits an offence is liable to a fine of not less than 5 million Shillings (approximately $2,260) or three years in prison or both.
Suspensions, fines and banning media outlets
Despite strong constitutional, United Nations and African Charter on Human and Peoples’ Rights safeguards protecting the right to freedom of expression, the government has systematically targeted Tanzanian media outlets through a combination of closures and hefty fines on newspapers. This campaign of harassment, which appears to be an attempt to suppress their work to report on government policy and conduct, has resulted in four prominent newspapers being banned in 2017 and four other papers being heavily fined in early 2018.
On 24 October 2017, the government banned the Swahili-language Tanzania Daima for a period of 90 days on specious claims of publishing false news about anti-retroviral drug use for people with HIV. This was the fourth newspaper banned since June 2017 including Mwanahalisi which was banned for 24 months in September 2017; the weekly Raia Mwema for 90 days in September and Mawio newspaper for 24 months in June 2017.
On 2 January 2018, the Tanzania Communications Regulatory Authority (TCRA) fined five television stations a combined 60 million Tanzanian shillings ($27,000) for broadcasting “offensive and unethical” content, in particular for airing a press statement issued on 30 November by the Legal Human Rights Centre (LHRC). The report by LHRC documented violations such as detentions, intimidation and physical abuse in the context of the 6 November 2017 elections of councillors in 43 wards. The TV stations that featured the LHRC's press statement and were subsequently penalised include: Star TV, Azam Two, East Africa TV, Channel 10 and ITV.
Judicial harassment and persecution of journalists and human rights defenders
In stark contrast to the authorities’ human rights obligations to uphold and protect the safety of journalists, several independent media practitioners have recently been subject to physical attacks and judicial persecution. Recently on 21 November 2017, newspaper journalist Azory Gwanda was abducted by a group of unknown assailants in the Coast Region. Prior to his enforced disappearance, Gwanda who is a journalist with newspapers, Mwananchi and The Citizen, had authored a number of articles documenting the murders of several local officials and police officers. To date Gwanda’s whereabouts remain unknown.
In August 2017, a Tanzania court began hearing a case against Micke William and Maxence Melo Mubyazi, co-owners of the whistleblower website, Jamii Forums. Both journalists were charged under the Cybercrimes Act on spurious accusations of obstructing justice for failing to disclose the identities of persons who posted details of allegedly corrupt officials on Jamiiforums. There have been over 40 adjournments of the case, including most recently on 3 May 2018. If convicted, they face fines up to 3 million shillings ($1,300) or a jail term of at least one year, or both.
Groups and defenders advocating for the rights of LGBTI individuals have also been equally persecuted. Among a wave of recent attempts to suppress organisations and activists working on SOGI issues, in October 2017, 13 human rights lawyers and defender were arbitrarily arrested and detained on allegations of promoting “promoting homosexuality”. Three civil society representatives, including Ugandan and South African lawyers from the Initiative for Strategic Litigation in Africa and nine members of Tanzanian Community Health and Education Services and Advocacy (Chesa), were arrested during a private meeting.
Killings and criminal cases against political opposition members
Since the start of 2018, scores of political opposition members and parliamentarians have been violently attacked and even killed. On 22 February, Godfrey Luena, a member of parliament with Tanzania’s main opposition party Chama Cha Demokrasia Na Maendeleo (CHADEMA) and a vocal land rights defender, was killed with machetes outside of his home. Mr Luena had been a critic of alleged state sponsored land-grabbing. Days earlier, on 13 February, Daniel John, a CHADEMA official in Dar es Salaam, was abducted and killed by unknown assailants using machetes. Mr John was supporting an opposition political campaign for a contested parliamentary seat in Dar es Salaam.
A number of opposition party members and lawmakers have also been targeted in what appears to be a systematic campaign of judicial harassment. Among other worrying cases, two opposition leaders, CHADEMA MP Joseph Mbilinyi and local party leader Emmanuel Masonga were sentenced to five months on 26 February 2018 for insulting President John Magufuli during a political rally.
Harassment, intimidation arbitrary arrest of peaceful protesters
In response to growing public frustration over human rights backsliding in the country, individuals and groups have increasingly sought to exercise their rights to peaceful assembly to air their legitimate grievances. Worryingly, the authorities, including members of the government and security apparatus, have resorted to arbitrary arrests, excessive use of force and intimidation to silence these protests.
In April 2018, Tanzanian activists called for national demonstrations to bring attention to the decline in respect for human rights in Tanzania. However, in contravention of international standards, the authorities, which require anyone seeking to hold a public assembly to secure a permit, declared the protests illegal.
The government and police forces responded to these calls to stage public protests with severe intolerance, including hostile statements by senior government and police officials, including threats that protesters “will be beaten like stray dogs."Days before the planned 26 April demonstrations seven people were arrested in Arusha for their purported role in organising the protests. The few who dared to take part in the protests were quickly persecuted; nine protesters, who marched in Dar Es Salaam, were almost immediately arrested.
Recommendations to the Government of Tanzania
The undersigned groups urge your government to create an enabling environment for civil society and the media to operate in accordance with the rights enshrined in the Constitution of Tanzania, International Covenant on Civil and Political Rights (ICCPR), the UN Declaration on Human Rights Defenders and the African Charter on Human and Peoples’ Rights, including the guidelines on freedom of association and peaceful assembly. Tanzania has ratified both the ICCPR and the African Charter. At a minimum, the following conditions should be ensured: freedom of association, freedom of expression, the right to operate free from unwarranted state interference, the right to seek and secure funding and the state’s duty to protect. In light of this, the following specific recommendations are made.
1) All disabling and restrictive provisions in the Cybercrimes Act, the Electronic and Postal Communications (Online Content) Regulations and the Media Services Act must be amended and replaced by progressive sections that will guarantee freedom of expression and the media in line with international human rights standards.
2) The cases of newspapers banned, suspended or fined under the Media Service Act 2016 should be reviewed to enable them to continue their operations without undue interference.
3) Independent investigations should be conducted into cases of attacks and assaults on journalists, human rights defenders and opposition party members with a view to bringing suspected perpetrators to justice and these attacks should be publicly and unequivocally condemned.
4) Government officials should desist from publicly threatening human rights defenders including when activists that are working to expose corrupt practices in government or are critical of government policies and actions.
5) Best practices on the right to freedom of peaceful assembly prescribed by the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association should be adopted by the Government of Tanzania including removing the permission regime and providing recourse in cases of unlawful denial of the right to freedom of peaceful assembly.
Sincerely,
- Access Now
- African Centre for Democracy and Human Rights Studies (ACDHRS)
- Americans for Democracy & Human Rights in Bahrain (ADHRB)
- Amnesty International
- ARTICLE 19 East Africa
- The Article 20 Network
- Asian Legal Resource Centre (ALRC)
- Association for Human Rights in Ethiopia (AHRE) - Ethiopia
- Association for Progressive Communications (APC)
- Bahrain Center for Human Rights - Bahrain
- Balkan Civil Society Development Network (BCSDN)
- Cairo Institute for Human Rights Studies (CIHRS)
- Caucasus Civil Initiatives Center (CCIC)
- Center for Civil Liberties - Ukraine
- Centre for Human Rights and Rehabilitation (CHRR) - Malawi
- Centre for Research on Multinational Corporations
- Chapter Four - Uganda
- Citizens for Democratic Rights in Eritrea (CDRiE) - Eritrea
- CIVICUS
- Civil Rights Defenders (CRD)
- Committee to Protect Journalists (CPJ)
- Commonwealth Human Rights Initiative (CHRI)
- Community Empowerment for Progress Organization (CEPO) - South Sudan
- DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
- End Impunity Organisation
- Ethiopia Human Rights Project (EHRP) - Ethiopia
- Freedom House
- Front Line Defenders
- Greenpeace Africa
- Governance, Elections, Advocacy, Research Services (GEARS) Initiative - Zambia
- Groupe d’Action pour le Progrès et la Paix (ONG GAPP-BÉNIN) - Bénin
- HAKI Africa - Kenya
- Human Rights Defenders Network - Sierra Leone
- International Civil Society Center (ICSC)
- International Rivers - Africa Program
- Iraqi Network of Social Media - Iraq
- Jamaa Resource Initiatives - East Africa
- JOINT Liga de ONGs em Mocambique - Mozambique
- Karapatan Alliance for the Advancement of People’s Rights - Philippines
- Kepa - the Finnish NGO platform - Finland
- Latin American and Caribbean Network for Democracy (REDLAD)
- Liberia Coalition of Human Rights Defenders (LICHRD) - Liberia
- Ligue Djiboutienne des Droits Humains (LDDH) - Djibouti
- Ligue Iteka - Burundi
- Lumiere Synergie pour le Developpement - Senegal
- Malawi Human Rights Defenders Coalition - Malawi
- Minority Rights Group International
- National Civic Forum - Sudan
- Observatoire des Droits de l'Homme au Rwanda - Rwanda
- Odhikar - Bangladesh
- OutRight Action International
- Pan-African Human Rights Defenders Network (PAHRDN)
- Public Interest Law Center (PILC) - Chad
- RESOCIDE - Burkina Faso
- Robert F. Kennedy Human Rights
- Robert L. Bernstein Institute for Human Rights | NYU School of Law
- Servicios y Asesoría para la Paz (Serapaz) - México
- Sinergia - Venezuela
- Solidarity Center
- Sudanese Development Initiative (SUDIA) - Sudan
- Tournons la page (TLP)
- West African Human Rights Defenders’ Network (WAHRDN)
- World Movement for Democracy
- The Zambia Council for Social Development (ZCSD) - Zambia
- Zimbabwe Human Rights NGO Forum - Zimbabwe
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Tanzania: Reversal of Ban on Four Newspapers a step in the right direction
Global civil society alliance CIVICUS welcomes the decision of Tanzanian President Samia Suluhu Hassan to lift the ban on four newspapers – Mwanahalisi, Mawio, Mseto, and Tanzania Daima – that was imposed by the late President John Magufuli between 2016 and 2020.
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Tanzania: upsurge in restrictions on fundamental freedoms
Tanzania has been placed on a watch list of countries in which there are growing and worrying threats to civic space. The country is rated as obstructed on the CIVICUS Monitor, a global platform tracking civic violations around the world, who issue a quarterly watch list to highlight ongoing concerns in countries demonstrating worrying trends.
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Tanzania: worrying signs for freedom of expression and association
The attempted assassination of outspoken government critic Tundu Lissu on 7 September 2017 is the latest in a series of efforts aimed at constraining freedom of expression and association in Tanzania. Tundu, a member of the political opposition and head of the Tanganyika Law Society was attacked by unidentified assailants near his home in Dodoma and is now recovering in a hospital in neighbouring Kenya. He has been arrested six times this year for openly criticising the government of President John Pombe Magufuli.
Global civil society alliance, CIVICUS condemns this violent attack on Tundu, which follows his string of arrests for his dissenting views as well as steps taken by the Tanzanian government over the past few months, to curtail fundamental human rights and stifle activists and civil society organisations that express views critical of government actions.
At the moment, new applications for the registration of NGOs have been suspended until 30 November 2017 as NGOs currently registered undergo a mandatory “verification process.” The vetting of NGOs began on 21 August 2017 after the Ministry of Health, Community Development, Gender, Elderly and Children published a notice stating that the Registrar of NGOs will examine all NGOs in order to correct and update the database for NGOs.
CIVICUS is concerned by the manner in which the verification process is being carried out as local NGOs were not involved or consulted in the planning of the process. Furthermore, the sheer amount of documentation required of NGOs including the presentation of proof of payment annual fees and receipts since registration is cumbersome and presents an added administrative burden.
Several NGOs may be deregistered if they fail to provide all the information required by the authorities. In addition, the requirement for a letter of recommendation from a Community Development Officer is also problematic, especially for NGOs working on rights and governance and who may have been critical of the human rights practices by the government in the past.
Said Teldah Mawarire, CIVICUS’s Advocacy and Campaigns Coordinator: “This verification process is extremely unfair and raises many questions because any NGO that had not been previously registered cannot go through the vetting exercise and will be outlawed even before the process begins. There is no grace period whatsoever availed by the state to those who have been unable to register in the past.”
The government has also set out five zones where NGOs must travel to for verification. This presents difficulties for NGOs who operate in remote areas and may not be able to afford to pay for this travel and the gathering of documents.
CIVICUS calls on the government of President John Pombe Magufuli to respect the freedoms of association and expression in line with the Tanzanian Constitution and its international human rights obligations.
In July 2017 CIVICUS placed Tanzania on a watch list of countries in which there are growing and worrying threats to civic space. CIVICUS remains concerned over growing restrictions on freedom of expression and association.
Civic space in Tanzania is rated as obstructed on the CIVICUS Monitor.
ENDS
For more information contact:
Teldah Mawarire
Advocacy and Campaigns Coordinator, CIVICUS
Tel: 0027 11 833 5959 -
Tanzania’s Illiberal Tilt
By Teldah Mawarire
Immediately after his 2015 election, Tanzanian President John Magufuli appeared poised to lead one of Africa’s most stable democracies to a bright future. Instead, he has launched an intensifying campaign of repression against journalists, human rights activists, and civil-society organisations.
Read on: Project Syndicate
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UGANDA: ‘Our government cares only about profit, not people’
CIVICUS speaks about the East African Crude Oil Pipeline (EACOP) project and its potential impacts on the climate and on the health and livelihoods of local communities with Nyombi Morris, founder of Earth Volunteers.
Established in 2020, Earth Volunteers is a Ugandan civil society organisation (CSO) that brings together young people who are passionate about planting trees, protecting forests and standing up for climate justice. Earth Volunteers advocates for climate justice and promotes climate education in local schools.
What is EACOP, and what is wrong with it?
EACOP is a pipeline project that will transport oil from Uganda to Tanzania, for export through the Tanga port on the Tanzanian coast. It will travel through hundreds of miles, flowing oil through sensitive environments, including the richly biodiverse Murchison Falls National Park in western Uganda.
The project is led by China National Offshore Oil Corporation (CNOOC) and TotalEnergies, a French company, and funded by Standard Bank, among others. Ever since it kicked off in 2015, it has caused numerous activists to lose their lives and has put many natural resources on the verge of disappearing.
Local communities are already being affected by the pipeline. While pipeline construction itself hasn’t yet started, a process has begun to acquire the land required for the pipeline and related facilities. Those who own land on the projected pipeline’s path or in its vicinity are already unhappy because of the mistreatment they are experiencing and the lack of transparency in the process. They say they were not consulted about the project before it was approved and they are now being pressured to sell off their farms, homes and land at cheap prices and forced to leave to make way for the pipeline.
How is civil society in general, and your organisation in particular, mobilising against the pipeline project?
I have not seen any established CSO come out to oppose or even challenge the pipeline project. It is only us, individual activists loosely connected through informal networks, who are trying to sensitise people and mobilise them against the danger of allowing money-makers to exploit our land to take away the oil and get rich off it. We can’t drink or eat oil, and this will only make us poorer and less healthy.
As one of those activists, I have organised strikes to challenge the project, but since my last protest this March, I have received threats from unknown people who say they are police officers and tell me they are going to come and arrest me.
How has the government reacted so far?
Our government cares only about profit, not people. We have put pressure on them and urged them to be mindful about the approval they give to investors, as they only benefit the wealthy and do nothing to improve people’s lives. But the response we always get in return is threats.
Personally, I do not expect my government to listen to my concerns. The problem is, if they do not, this is a death sentence for many people in both Uganda and Tanzania. We already face the challenge of inflation and we may be heading towards famine and insecurity because people are being forced to sell off their properties in western Uganda and the capital, Kampala, is their next destination. This is one of the biggest and fastest-growing cities in Africa, with a population that has already hit four million.
What kind of support does the anti-pipeline movement need from international civil society and the wider international community?
We need three different support structures. Firstly, we need funds to continue door-to-door mobilisation. We need to speak up with a strong voice, so it is our role to wake up the public and get people to start demanding justice.
Secondly, we need the media to cover our movement and amplify our voice. We need the world to join us in challenging these perpetrators of environmental destruction. Except for Standard Bank, which is from South Africa, pipeline funders are from the global north, and we need people in their countries to know what is happening so they can join us in exposing these capitalist fundamentalists who only care about money – not about people, and not about nature.
Finally, we need protection. I am constantly receiving threats, and since last week I haven’t even been allowed to tweet for fear of my life and the lives of my family. We are in danger and nobody is helping us with security and support. I am hiding at my sisters’ place but very soon we are going to run out of resources such as food.
Every organisation I reach out to, they redirect me to CSOs that are not really independent but actually serve the government that is targeting me. I feel like there is no one I can trust in my country. This is terrible and traumatising, and many others are going through the same. We cannot imagine help coming from anywhere but international civil society.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Earth Volunteers through itswebsite or its Facebook andInstagram pages,and follow @earthvolunteers on Twitter. -
UGANDA: ‘We’ll participate in COP28 to pressure world leaders to divert funding away from oil and gas’
CIVICUS speaks about recent developments involving the East African Crude Oil Pipeline (EACOP) project and civil society’s efforts to stop it with Zaki Mamdoo, Campaign Coordinator of Stop EACOP.Established in 2020, Stop EACOP is a coalition of Ugandan environmental and climate justice organisations that oppose the pipeline project due to the significant threats it poses to protected ecosystems, water resources and community lands across Tanzania and Uganda.
What are your coalition’s aims?
Our aim is to halt the construction of EACOP to avert the catastrophic environmental and climate consequences associated with the pipeline and safeguard human rights and communal territories.
To achieve this, we employ a multifaceted strategy: heightening public awareness, exerting pressure on financial institutions and raising their reputational costs so they distance themselves from the project, mobilising impacted communities and rallying to force governments and oil corporations to suspend the project.
A cornerstone of our approach is engaging with young people. Our partner programmes in both Tanzania and Uganda are focused on youth. We proactively seek out young people in various initiatives, including security training sessions. Recently, we’ve identified student leaders from various universities who had organised to spread awareness about the project’s impacts among their peers. We are actively pursuing funding and other opportunities to bolster their efforts.
Internally, we give space to youth representatives to contribute their perspectives. We’re committed to amplifying young voices and offering avenues for their growth and development as activists. A reflection of this is that I am 26 years old and trusted with the leadership as campaign coordinator.
How has the situation evolved since welast spoke over a year ago?
There have been significant changes over the past year. Drilling has started in one of the most important biodiversity hotspots. One of the companies leading the project, French energy conglomerate Total Energies, has launched oil drilling in Uganda’s Murchison Falls National Park, home to diverse animal and bird species, including elephants, giraffes and lions. Its ecological significance is heightened by the presence of the Murchison Falls-Albert Delta Wetland System, essential for Lake Albert fisheries.
The pipeline threatens the park’s biodiversity and tourism appeal. It will also have economic impacts, as the park is a major contributor to Uganda’s economy, accounting for 59 per cent of exports and having generated over US$1 billion in revenue in 2022.
Negative consequences are already evident, with displaced elephants damaging crops and posing threats to human lives in nearby communities. Tragic incidents involving elephants have already occurred in Buliisa district, where the park is located.
This is clearly just another a case in which profit is prioritised over environmental and socioeconomic considerations.
Our demands, however, remain unaltered: we adamantly call for the project’s complete cancellation due to its intolerable environmental and human risks. And while governmental authorities have largely remained unresponsive, we’ve achieved progress with financial institutions. Remarkably, 27 banks have already denied funding for EACOP, and an additional 23 major insurers and reinsurers have declined to support the pipeline.
What restrictions do Stop EACOP activists face?
We operate in fairly restrictive environments in which the freedom to protest is often violated. Recently, for instance, four of our activists were forcibly arrested on charges of ‘inciting violence’, transported in police vehicles and kept in jail overnight for protesting against the pipeline in Kampala, Uganda’s capital.
The activists, three women and one man, were protesting peacefully, but their arrests were unnecessarily violent. It must be emphasised that only four protesters were involved, so the degree of force applied was clearly excessive, yet not entirely unexpected. Historically, Ugandan authorities have responded aggressively to any demonstrations perceived as anti-government, in line with a dictatorial regime indifferent to public sentiments or alternate viewpoints. This reaction is not unprecedented, although it’s intriguing that the government seems threatened by even small-scale protests like this four-person event.
But this won’t stop us: we will continue to demonstrate peacefully. Several of our members maintain a fund to secure bail or engage lawyers whenever activists are arrested. We arrange legal representation and explore the possibility of anticipatory bail when possible. However, given the sporadic nature of these protests, support is often provided post-arrest. We’ve also partnered with organisations that specialise in security training so that we can provide tools for advocates to voice their concerns without jeopardising their personal safety.
How do you connect with the global climate movement?
We connect with climate activists worldwide by sharing experiences and strategies and providing each other with support across borders. Global solidarity strengthens our efforts, so we appreciate any form of international backing for our cause.
What lies ahead remains uncertain, but as demonstrated in numerous instances globally, when we come together to back local communities as they advocate for their rights and a more promising tomorrow, there is a potential to counter even the largest of corporate giants effectively.
More than a million people have already raised their voices against EACOP. We believe that together we can stop it.
Are you planning to engage with the upcoming COP28 climate summit?
We’re deliberating on the optimal way to participate in COP28 to pressure world leaders to address the pipeline project directly and divert funding away from new oil and gas developments. I will be there to represent the campaign.
Despite controversies surrounding the summit’s leadership and lack of an enabling civic space in the host country, the United Arab Emirates, we are hopeful that substantive progress will be made. But we recognise that lasting change will require continued people-powered mobilisation. We’re committed to sustaining our fight for climate justice and environmental preservation in East Africa.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Stop EACOP through itswebsite and follow@stopEACOP on Twitter.
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UN Human Rights Council: Civic Space in Egypt, Tanzania and Vietnam
38th Session of the Human Rights Council
General Debate – civic space in Egypt, Tanzania and VietnamCIVICUS is concerned about the situation in Egypt where authorities have arrested, interrogated and detained several activists, bloggers and journalists over the last few weeks, indicating a significant escalation in the crackdown on the rights to freedom of expression, association and assembly in the country. While we welcome the release during Aid last Friday of many prisoners, we call for the immediate and unconditional release of all those currently being held for the legitimate exercise of their human rights, and for authorities to investigate and prosecute those responsible for human rights violations and abuses.
CIVICUS is also deeply concerned about the deterioration of the situation in Tanzania. Although it has long been a model for democratic pluralism, the last three years have been marked by a worrying decline in respect for the rights fundamental to civic space. These include unwarranted closure of media outlets, judicial persecution and harassment of independent journalists, the targeted assassination of opposition party members, blanket restrictions on peaceful protests and the introduction and invocation of a raft of laws to undermine freedom of speech online. Mr. President, we call on the Council to urge the authorities to create an enabling environment for civil society and the media to operate in accordance with its international obligations.
Finally, since 9th June mass nationwide demonstrations have arisen in several major cities across Vietnam. The protests we have emerged in response to two controversial bills on Special Economic Zones (SEZ), currently before the National Assembly, and on Cyber Security, which was approved this month. Security officials responded to the rare protests with violence and arbitrary arrests, and activists have reported ill-treatment and physical abuse in detention. We call on authorities to allow the peaceful expression of dissent and to release all protestors and investigate and prosecute security personnel responsible for the excessive use of force.
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Urgent Request for UN Intervention in the case of activist in Tanzania
Mr. Michel Forst
United Nations Special Rapporteur on the Situation of Human Rights DefendersProfessor Rémy Ngoy Lumbu
African Commission Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa
Dear Sirs,
Re: Urgent Request for Intervention in the Case of Human Rights Defender, Tito Elia Magoti.
We, the undersigned civil society organizations (CSOs) working to promote and defend human rights across the globe, including in Tanzania, urgently write requesting your intervention in the arrest and detention of human rights defender, Tito Elia Magoti. We are not only concerned that his arrest and detention is in retaliation for his legitimate human rights work but that the manner of his arrest, indicates a pattern by the State of disregarding due process procedures. We are further concerned that the charges against him, more specifically that of “money laundering” which automatically denies him the right to bail under Tanzanian law, poses an existential threat to all human rights defenders, journalists and civil society in Tanzania. Those charged under this law, regardless of the frivolousness of the allegations, can be indefinitely detained without trial.
On December 20, 2019, Mr. Tito Magoti, a young lawyer and Program Officer with the Legal and Human Rights Center (LHRC), was reportedly abducted by four unidentified men, handcuffed and driven off in what seemed to be a civilian vehicle.[1] LHRC is a Tanzanian based organization that works to promote, reinforce and safeguard human rights and good governance in the country.[2] Members of LHRC and other human rights organizations frantically visited various police stations in search of Mr. Magoti but were unable to locate him. It was feared he had been abducted. In the evening of December 20, 2019, the Dar es Salaam Zone Police Commander, SACP Lazaro Mambosasa, eventually released a press report indicating that he had not been abducted but was in police custody with several other arrested individuals.[3] No mention was made of where he was being detained or what allegations he was facing.[4] Police Commander Mambosasa’s statement was subsequently contradicted by the Regional Police Commander for Kinondoni region, where Mr. Magoti was arrested, alleging that he had no knowledge of the arrest.[5]
On December 23, 2019, having failed to locate their employee, LHRC filed an urgent petition against the Dar es Salaam Special Zone Police Commander and the Attorney General demanding the release of Mr. Magoti whose whereabouts and charges against him had yet to be divulged.[6] It is only after this application was made that Mr. Magoti together with his colleague, Mr. Theodory Faustin Giyan, a software developer and commentator of matters of public interest, were brought before the Kisutu Resident Magistrate Court in Dar es Salaam, on December 24, 2019, and jointly charged with (i) leading an organized crime; (ii) possession of a computer program designed for the purpose of committing an offence; and (iii) money laundering. (The charges are attached as Annexure “A”)
We are gravely concerned with the manner of arrest and detention of Mr. Magoti. Regional and international human rights standards are clear that an accused person has the right to be immediately informed of the reason for his arrest; the immediate right to legal representation; and the right to inform his family of his arrest; and where he is being detained.[7] The State also has a legal obligation to present an accused before a court of law within 48 hours of arrest.[8] Mr. Magoti’s arrest by unidentified men who subsequently held him in incommunicadodetention for four days was not only a violation of his due process rights, but such practices raise the risk of cruel and inhuman treatment or torture while in custody as well as disappearances.[9] (The Tanganyika Law Society's statement clearly outlining the failure of the Tanzanian government to respect due process procedures in the arrest of Mr. Magoti is attached as Annexure "B")
There have been numerous reported cases of abductions in Tanzania including those of prominent government critics.[10] In July 2019, investigative journalist, Erick Kabendera was forcefully removed from his home by unidentified men who claimed to be the police.[11] Similarly, for several days, his family and lawyers did not know where he was being detained as he was moved from station to station and denied access to his lawyers.[12] In November 2017, investigative journalist, Azory Gwanda disappeared under suspicious circumstances and has not been seen since.[13] Given this environment, it is of paramount importance that the Tanzanian government when arresting citizens refrain from abductions by the police and respect fundamental due process procedures recognized under its own constitution and regional and international standards.
We strongly believe that the allegations against Mr. Magoti are in retaliation for his legitimate human rights work. During Mr. Magoti’s unlawful detention, he was reportedly questioned for his use of social media (Twitter) and his association with media owner and activist Maria Sarungi-Tsehai; former Tanganyika Law Society President Fatma Karume; and opposition politician Zitto Kabwe, all of whom are vocal critics of the Tanzanian government, and are all currently facing various forms of retaliation for demanding government accountability and transparency.[14] We are even more concerned with the specific charges of “money laundering” against Mr. Magoti and his colleague. According to the charges, the joint accused, between February 1, 2019 and December 17, 2019, “willfully organized a criminal racket namely possession of a computer program that is designed for the purpose of committing an offence, thereby acquiring a sum of money amounting to Tanzanian Shillings, Seventeen Million, Three Hundred Fifty-Four Thousand, Five Hundred Thirty-Five only”. It is further alleged that the accused acquired the above sum knowing that the money was proceeds of a predicate offense, namely “leading organized crime” and as such charged with “money laundering” under the Anti-Money Laundering Act as read with the Economic and Organized Crimes Control Act.[15] Under Tanzanian laws, money laundering which is an economic crime is a non-bailable offence.[16] As such, Mr. Magoti is not entitled to bail and the resident magistrate postponed his case to January 7, 2020.[17] His case was again postponed to January 24, 2020 for further investigation.[18]
Erick Kabendera mentioned above, who was also charged with “money laundering”, has been in detention since his arrest in July 2019, with his case being postponed at least 10 times while the prosecution “carries out investigations”.[19] Individuals charged with non-bailable offences have reportedly spent months and even years in detention without trial.[20] We fear that Mr. Magoti and his colleague can be held in pretrial detention indefinitely. A fundamental principle of any criminal justice system is the presumption of innocence which dictates that an accused person is innocent until proven guilty by a competent and independent court. The right to pre-trial release is recognized under regional and international law which dictates that as a general rule, bail should be granted and only in certain circumstances denied. Each case must be judged on its own merits with courts taking into consideration factors such as (1) the seriousness of the alleged crime (2) whether there is overwhelming evidence against the accused (3) possibility of the accused interfering with witnesses and evidence; and (4) where the accused poses a flight risk or is a danger to the community if granted bail.[21] Even then courts must strive to put conditions that favour the liberty of an accused in order to minimize the risk of an innocent person serving a sentence prior to conviction. Tanzania’s blanket denial of bail for certain crimes without individual assessment of each case is thus inconsistent with international standards.
There is an undeniable clampdown of civil society in Tanzania. Organizations have documented the “unwarranted closure of media outlets, judicial persecution and harassment of independent journalists, the targeted assassination of opposition party members, blanket restrictions on peaceful protests and the introduction and invocation of a raft of laws to undermine freedom of online speech”.[22] It is our deep fear that the arrest of Mr. Magoti and his colleague are but one of many cases of the continued targeting of government critics. We are additionally concerned with the developing pattern of charging government critics with the crime of “money laundering” thereby denying them the right to bail and condemning them to indefinite prison sentences.
Civil society especially human rights defenders play an important role in promoting and protecting the rights recognized under international human rights treaties, and help ensure that States respect economic, social, cultural, civil and political rights. The United Nations Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders)[23] specifically recognizes the right that everyone, including human rights defenders, have to “discuss, form and hold opinions on the observance … of all human rights … and, through these and other appropriate means, to draw public attention to these matters…”[24] The government of Tanzania has an obligation to create a conducive environment where civil society can contribute to the development of Tanzania which involves holding the government transparent and accountable. Under international law, no one shall be arrested for exercising their fundamental rights and if so, that arrest is arbitrary.[25] It is deeply troubling when the criminal justice system is being used in such a manner. If left unchecked, this is a very dangerous practice that threatens civil society and the very fabric of Tanzania’s democracy.
In light of the above, we respectfully request that your offices urgently intervene in the case of Tito Magoti and other human rights defenders and journalists in Tanzania, who are facing criminal prosecution for exercising their fundamental rights and urge the government to immediately drop these charges. We also urge that you strongly remind the government to ensure that all citizens, from the moment of their arrest for any crime, are afforded the full due process of the law without derogation.
Sincerely,
- Africans Rising
- mobi
- Amnesty International
- Anti-Corruption Trust of Southern Africa (ACT-SA) - ACT-Southern Africa
- Association of Concerned Africa Scholars (ACAS), USA
- Center for Civil Liberties (Ukraine)
- CIVICUS
- Civic Education Network for Eastern and Southern Africa
- Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
- Committee to Protect Journalists (CPJ)
- Crisis in Zimbabwe Coalition
- DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
- Ethiopian Human Rights Defenders Coalition
- Friends of Angola
- GEARS Initiative Zambia
- Human Rights Concern - Eritrea (HRCE)
- Human Rights Defenders Network-SL
- Human Rights Defenders Solidarity Network Uganda
- Human Rights Institute of South Africa (HURISA)
- International Commission of Jurists (ICJ)
- Legal Resources Centre (LRC)
- Nelson Mandela University Refugee Rights Centre
- Odhikar (Bangladesh)
- Safe Space for Children and Young Women Tanzania
- Southern Africa Human Rights Defenders Network (SAHRDN)
- Tanzania Human Rights Defenders Coalition (THRDC)
- Zambia Civic Education Association
- Zambia Council for Social Development (ZCSD)
Cc. Mr. Diego García-Sayán
United Nations Special Rapporteur on the Independence of Judges and Lawyers.Mr. David Kaye
United Nations Special Rapporteur on Promotion and Protection of the Right to Freedom of Opinion and Expression.
[1] Tanganyika Law Society, Statement of the National Bar on the Abduction of Mr. Tito Magoti, the Program Officer Legal and Human Rights Centre, December 24, 2019.
[2] Legal and Human Rights Center, website, available at https://www.humanrights.or.tz/page/introduction
[3] Id. Note 1. As it stands, no mention has been made of who these individuals are nor have they been presented before the courts.
[4] The Citizen, Police bosses differ over knowledge over Tanzanian rights activist Tito Magoti arrest, December 2019, available at https://www.thecitizen.co.tz/news/1840340-5395966-9wuow7/index.html.
[5] Id.
[6] The Citizen, Tito Magoti: Case filed against Dar Police Chief and the AG over his detention, December 23, 2019, available at https://www.thecitizen.co.tz/news/1840340-5395848-format-xhtml-imvy00/index.html.
[7]Article 4 and 7, African Charter on Human and Peoples Rights. Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58, 1982, entered into force 21 October 1986. Article 14, International Covenant on Civil and Political Rights. Opened for signature Dec. 16, 1966, 999 U.N.T.S. 171. See also United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, UNODC (2013) and African Commission on Human and People’s Rights, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, 2003.
[8] Article 9(3) of the ICCPR states that anyone arrested “shall be brought promptly before a judge or other officer authorized by law”. The UN Human Rights Committee, the body charged with authoritative interpretation of the ICCPR, has explained that delays should not exceed a few days from the time of arrest and that 48 hours is ordinarily sufficient. See Freemantle v. Jamaica, H.R. Comm. 625/1995, paragraph 7.4 (2000) where the committee held that four days was not prompt.
[9] The UN Human Rights Committee has stated that longer detention in the custody of law enforcement officials without judicial control unnecessarily increases the risk of ill-treatment. See concluding observations: Hungary, CCPR/CO/74/HUN, paragraph 8 (2002).
[10] Vanguard Africa, In Tanzania, Abductions and Disappearances of Government Critics Continue Unabated, July 30, 2019, available at http://www.vanguardafrica.com/africawatch/2019/7/30/in-tanzania-abductions-and-disappearances-of-government-critics-continue-unabated.
[11] Committee to Protect Journalists, Unidentified men take Erick Kabendera from Tanzania home, July 29, 2019, available at https://cpj.org/2019/07/tanzania-erick-kabendera-police-abducted.php.
[12]Committee to Protect Journalists, Tanzania switches track, charges Kabendera with economic crimes, August 5, 2019, available at https://cpj.org/2019/08/tanzania-switches-track-charges-kabendera-with-eco.php.
[13] Human Rights Watch, Tanzanian Journalist’s Disappearance Remains Unsolved, April 8, 2019, available at https://www.hrw.org/news/2019/04/08/tanzanian-journalists-disappearance-remains-unsolved.
[14]Kwanza Broadcasting Limited whose director is Ms. Maria Sarungi-Tsehai was earlier in the year suspended for 6 months by the Communications Regulatory Authority for allegedly violating regulations under the Electronic and Postal Communications Online Content Regulations 2028. See Reporters Without Boarders, Tanzania Slaps Harsh Sanctions on three online TV Channels, September 30, 2019, available at https://rsf.org/en/news/tanzania-slaps-harsh-sanctions-three-online-tv-channels. Ms. Fatuma Karume, who is the former president of the Tanganyika Law Society, was recently arbitrarily suspended from practicing law in mainland Tanzania for her submissions in a constitutional court case challenging the appointment of the Attorney General. See The Citizen, Uproar over Fatma Karume Suspension, September 22, 2019, available at https://www.thecitizen.co.tz/news/1840340-5282716-9d4ama/index.html . Mr. Zitto Kabwe is currently facing criminal charges following statements he made demanding police accountability for extra-judicial killings. See also The EastAfrican, Zitto Kabwe charged with incitement, freed on bail, November 2, 2018, available at https://www.theeastafrican.co.ke/news/ea/Tanzania-opposition-MP-charged-with-incitement/4552908-4834324-m74a5jz/index.html.
[15] In the Resident Magistrate’s Court of Dar es Salaam at Kisutu, Economic Crime Case 137 of 2019, Republic vs Tito Elia Magoti & Theodory Faustin Giyan.
[16] Section 148 (5) (a)(v) of the Criminal Procedure Act lists money laundering as one of the non-bailable offences. Read also FB Attorneys, Non bailable offences in Tanzania, July 22, 2019, available at https://fbattorneys.co.tz/qa-22-july-2019/.
[17] The Citizen, Rights activist charged with money laundering, December 24, 2019, available at https://www.thecitizen.co.tz/news/1840340-5397074-9wvvi9/index.html.
[18] allAfrica, Tanzania Investigation on LHRC Official’s Case in Top Gear, January 8, 2020, available at https://allafrica.com/stories/202001080418.html.
[19] BBC News, Tanzania journalist to spend Christmas in jail, December 18, 2019, available at https://www.bbc.com/news/world-africa-50837986.
[20] The Guardian, Tanzanian journalist could face up to five years in jail, September 12, 2019, available at https://www.theguardian.com/global-development/2019/sep/12/tanzanian-journalist-could-face-up-to-five-years-in-jail-without-trial-erick-kabendera.
[21] United Nations Human Rights Committee, General Comment No. 32, Article 14: Right to Equality Before the Courts and Tribunals and to a fair Trial, U.N. Doc CCPR/C/CG/32 (2007).
[22] CIVICUS, Tanzanian: Civil society groups express concern over rapid decline in human rights, May 10, 2018, available at https://www.civicus.org/index.php/media-resources/media-releases/open-letters/3163-civil-society-groups-express-concern-over-worrying-human-rights-decline-in-tanzania
[23] The Declaration was adopted with broad support by the United Nations General Assembly, UN Doc.A/Res/53/144, 8 March 1999. It represents a strong commitment by states to its implementation on the principles and rights enshrined in legally binding, key international human rights instruments such as the ICCPR and the African Charter. The Declaration represents a clear commitment by States to acknowledge, promote and protect the work and rights of human rights defenders around the world.
[24] Id.
[25] United Nations Human Rights Committee, General Comment No. 35, December 16, 2014, CPR/CGC/35. Paragraph 17 specifically states that the “arrest or detention as punishment for the legitimate exercise of the rights as guaranteed by the Covenant is arbitrary, including freedom of opinion and expression (Article. 19), freedom of assembly (Article. 21), freedom of association (Article. 22).”
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Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report
Widespread arrests, attacks and legal restrictions facing LGBTQI+ activists across Africa finds new report
Johannesburg | 4 July, 2023
- Same-sex relations criminalised in at least 27 countries south of the Sahara
- Organisations shut down and offices raided for their work on LGBTQI+ rights
- Widespread bans on the publication of information on gay rights
- Anti-LGBTQI+ laws and practices disproportionately impact other excluded groups including women, children and victims of abuse
From Uganda to Cameroon, LGBTQI+ activists face significant restrictions due to the prevailing social, cultural and legal attitudes towards homosexuality and gender identity. A new report by CIVICUS, Challenging Barriers: Investigating Civic Space Limitations on LGBTQI+ Rights in Africa, looks at some common challenges faced by activists and civil society groups in countries south of the Sahara.
Many African countries have laws that criminalise same sex activity. The laws, often remnants of colonial era legislation, can be used to target and prosecute LGBTQI+ individuals, including activists. Penalties range from fines, imprisonment to even the death penalty in some countries.
Limited legal protection in many African countries offers little or no protection against discrimination based on sexual orientation or gender identity. This lack of protection makes it difficult for activists and civil society groups to advocate for equal rights or seek justice when they face human rights abuses. The offices and activities of civil society organisations advocating for LGBTQI+ rights have been either raided or shutdown in Uganda, Burundi, Rwanda and Cameroon.
Attacks against people who identify as LGBTQI+ are common in countries such as Benin, Cameroon and Kenya. In Cameroon since 2022 there have been over 30 recorded cases of violence and abuse against LGBTQI+ people, while in Kenya sexual minority groups face escalating homophobic attacks. In January 2023, following a series of killings in 2022, unknown assailants murdered and dumped the body of LGBTQI+ activist Edwin Chiloba. Chiloba’s death, which many linked to his sexual orientation sparked public outrage, with civil society groups and members of the public denouncing the murder and calling on the authorities to bring those involved to justice.
“With the escalating hostility towards the LGBTQ+ community in Africa, this report sheds light on the grave reality faced by many, and compels us to challenge prejudice, and advocate for equality - especially for the most marginalised. Governments must ensure equal protection for all people in accordance with their obligations on non-discrimination under international human rights law. We implore governments to take robust measures to safeguard the rights and well-being of all people, regardless of their sexual orientation or gender identity,” said Sylvia Mbataru, CIVICUS’ Civic Space Researcher for Eastern & Southern Africa.
Censorship and restrictions on freedom of peaceful assembly have contributed to a deteriorating environment for activists. In several countries, the publication and dissemination of material on LGBTQI+ issues face strict editorial controls and bans. CIVICUS also documents how protests are being suppressed, including the use of various laws to deny permits for public demonstrations, specifically targeting LGBTQI gatherings.
Despite the hostile environment in many countries, civil society groups continue to advocate for LGBTQI+ rights and score important victories. The report also documents a number of positive developments including the decriminalization of same sex relations in Botswana and Gabon, as well as a recent Supreme Court decision in Namibia to recognise same-sex marriages concluded abroad between citizens and foreign spouses.
The report concludes by demonstrating the impact of civic space restrictions against LGBTQI+ groups, and shows how the ramifications of these restrictions also affect other excluded groups including women and children.
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