Magufuli

TANZANIA

With national elections in Tanzania approaching on 28 October, 65 civil society organisations from across the world have signed a letter to President Magufuli, expressing concern about the steady decline of fundamental rights over the past 5 years, with the situation worsening during the COVID-19 pandemic and before the elections.

The organisations are concerned about:

The increased harassment, intimidation, prosecution and persecution of political activists, human rights defenders, journalists and media houses.
The enactment of restrictive laws, and disregard for regional and international law.

Civil society letter endorsed by over 65 organisations to President of Tanzania ahead of 28 October National Elections

To: President John Magufuli

Excellency,

We, the undersigned civil society organizations, are deeply concerned about the continued deterioration of democracy, human rights and rule of law in the United Republic of Tanzania. In the past five years, we have documented the steady decline of the country into a state of repression, evidenced by the increased harassment, intimidation, prosecution, and persecution of political activists, human rights defenders (HRDs), journalists and media houses; the enactment of restrictive laws; and disregard for rule of law, constitutionalism, as well as regional and international human rights standards. We are deeply concerned that the situation has worsened during the COVID-19 pandemic and as the country heads for general elections on 28 October 2020.[1]

Tanzania as a party to several regional and international treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, has a legal obligation to respect and protect fundamental rights, particularly the right to – freedom of expression and the media, peacefully assemble, form and join associations, and to participate in public affairs, which are fundamental rights for free and fair elections in a democratic society. As a member of the African Union (AU) and the Southern African Development Community (SADC), Tanzania has committed to uphold and promote democratic principles, popular participation, and good governance.

Leading up to the elections in Tanzania, we have unfortunately documented an unfavourable environment for public participation and free engagement in the political process. The role of the media in providing information and access to varying viewpoints in a true democracy is indispensable. Media houses must be allowed to provide these services without undue restrictions, yet in recent times, several independent media houses have been suspended. These have included the seven-day suspensions of The Citizen newspaper in February 2019,[2] Clouds TV and Clouds FM in August 2020, and the six-month suspension of Kwanza online TV in September 2019[3] and again in July 2020 for 11 months;[4] the online publication ban against Mwananchi news in April 2020;[5] the revocation, effective June 24, 2020, of the license of the Tanzania Daima newspaper;[6] and the fines against online stations, Watetezi TV and Ayo TV in September 2019.[7]We note, with great disappointment, that the government is yet to comply with a ruling by the East African Court of Justice requiring the amendment of the Media Services Act to address the unjustified restrictions on freedom of expression.[8]

We are further concerned about the restrictions on individuals peacefully expressing their opinions, including criticising public officials.[9] The latter are required to tolerate a greater amount of criticism than others – a necessary requirement for transparency and accountability. Tanzania’s criminal justice system has however been misused to target those who criticize the government. Tito Magoti and IT expert Theodory Giyani were arrested in December 2019 and questioned over their social media use and association with certain government critics.[10] The duo were subsequently charged with economic crimes, including “money laundering” which is a non-bailable offence. Despite their case being postponed more than 20 times since December 2019, and no evidence being presented against them, they remain in pre-trial detention.[11] Investigative journalist Erick Kabendera was similarly arrested and charged with “money laundering” where he was held in pre-trial detention for seven months with his case postponed over ten times.[12] Several United Nations (UN) mandate holders have raised concern about the misuse of the country’s anti-money laundering laws that “allow the Government to hold its critics in detention without trial and for an indefinite period.”[13]

Most recently, a prominent human rights lawyer and vocal critic of the government, Fatma Karume was disbarred from practising law in Tanzania following submissions she made in a constitutional case challenging the appointment of the Attorney General.[14] Other lawyers are also facing disciplinary proceedings for publicly raising issues on judicial independence and rule of law. Opposition leader, Zitto Kabwe was arrested and prosecuted for statements made calling for accountability for extrajudicial killings by State security agents.[15] The above cases are clear evidence of intolerance for alternative views and public debate.

In addition, authorities should ensure respect for the right of individuals to freely form associations and for those associations to participate in public affairs, without unwarranted interference. We note the increasing misuse of laws to restrict and suspend the activities of civil society organisations.[16] On August 12, Tanzania Human Rights Defenders Coalition (THRDC) was notified that its bank accounts had been frozen pending police investigations. THRDC’s coordinator was then summoned by the police to explain an alleged failure to submit to the State Treasury its contractual agreements with donors.[17] Prior to this, in June 2020, the authorities disrupted the activities of THRDC for allegedly contravening “laws of the land.”[18] Several other non-governmental organisations working on human rights issues have been deregistered or are facing harassment for issuing public statements critical of the government. Ahead of the elections some civil society organisations have reported being informally told by authorities to cease activities. As a result of the repressive environment, civil society organisations have been forced to self-censor activities.

We also note the enactment of further restrictive laws.[19] For example, the Written Laws Miscellaneous Amendments Act (The Amendment Act)[20] which has introduced amendments to 13 laws.[21] The Amendment Act requires anyone making a claim for violation of rights to have been personally affected.[22] This limits the ability of civil society organisations to carry out legal aid and law-based activities where they are not personally harmed. It violates Article 26(2) of the country’s Constitution, which provides for the right of every person “to take legal action to ensure the protection of this Constitution and the laws of the land.” Furthermore, it is an internationally recognized best practice that all persons, whether individually or in association with others, have the right to seek an effective remedy before a judicial body or other authority in response to a violation of human rights.[23] The Amendment Act further provides that lawsuits against the President, Vice-President, Prime Minister, Speaker, Deputy Speaker, or Chief Justice cannot be brought against them directly but must be brought against the Attorney General.[24] This provision undermines government accountability for human rights violations. We remind the authorities that international bodies have raised concerns about Tanzania’s repressive laws.[25]

We are especially concerned over the continued cases of verbal threats and physical attacks against members of opposition political parties.[26] We note with concern that to date, no one has been held accountable for the 2017 attack against the CHADEMA party leader, Tundu Lissu, who is a presidential candidate in the upcoming elections. Most recently, opposition leader Freeman Mbowe was brutally attacked and his assailants are still at large. Failure to thoroughly and impartially investigate such cases breeds a culture of violence and impunity, which in turn threatens the peace and security of the country. The government must take steps to bring perpetrators of such violence to account and to guarantee the safety of all other opposition party members and supporters.

Earlier, in November 2019, the African Commission on Human and Peoples’ Rights (ACHPR) issued a press statement on the “deteriorating human rights situation in Tanzania.”[27] The Commission specifically voiced concern over “the unprecedented number of journalists and opposition politicians jailed for their activities.” The ongoing crackdown on civic space in Tanzania also led the UN High Commissioner for Human Rights, Michelle Bachelet, to issue a strong warning ahead of the 28 October 2020 General Elections. At the opening of the UN Human Rights Council’s 45th session, she “[drew] the Council’s attention to increasing repression of the democratic and civic space, in what is becoming a deeply deteriorated environment for human rights” and stressed that “[with] elections approaching later this month, we are receiving increasing reports of arbitrary arrests and detention of civil society actors, activists, journalists and members of opposition parties.” She added: “Further erosion of human rights could risk grave consequences, and I encourage immediate and sustained preventive action.”[28]

While we acknowledge measures taken by your government to halt the spread of the COVID-19 virus and protect the citizens of Tanzania, we are deeply concerned that the pandemic has been used to unduly restrict fundamental freedoms. Examples are the arrest and sentencing of two Kenyan journalists for interviewing members of the public in Tanzania on the status of the pandemic in the country[29] as well as, the suspension of Kwanza Online TV for reposting an alert by the U.S. embassy in Tanzania regarding the pandemic in the country.[30] The rights to peacefully express one’s opinion, receive information, peaceful assembly and association, and to participate in public affairs are not only essential in the context of the upcoming elections, but also in relation to the current COVID-19 pandemic. Freedom of expression in particular, ensures “the communication of information to the public, enabling individuals to … develop opinions about the public health threat so that they can take appropriate steps to protect themselves and their communities.”[31] The UN has repeatedly emphasized that Government responses to COVID-19 must not be used as a pretext to suppress individual human rights or to repress the free flow of information.[32]

The need for Tanzania to uphold human rights, democracy and the rule of law is now more than ever important as a matter of national security, following recent reports of insurgent attacks along Tanzania’s border with Mozambique.[33] Studies have shown that experiences of injustice, marginalization and a breakdown in rule of law, are root causes of disaffection and violence. A peaceful and prosperous nation requires good governance and respect for rule of law, with a society that protects fundamental freedoms and ensures justice for all.

As civil society organisations deeply concerned about constitutionalism, justice, and democracy in the United Republic of Tanzania, we strongly urge your Excellency to adhere to your undertaking to ensure a free and fair election in Tanzania. The government has an obligation to create an enabling environment for everyone, including political opposition, non-governmental organisations, journalists, and other online users, HRDs, and other real or perceived government opponents to exercise their human rights without fear of reprisals. As such, we call on the relevant authorities to immediately drop criminal charges and release defenders such as Tito Magoti and Theodory Giyani and any others being prosecuted for peacefully exercising their rights. Suspensions and the freezing of assets of non-governmental organisations such as THRDC, independent media houses such as Kwanza Online TV, and members of the legal profession- particularly Fatma Karume, must be reversed. Opposition parties must be allowed to freely and peacefully campaign and engage with their supporters without undue restrictions such as arbitrary arrests, physical attacks, forceful dispersal and intimidation of supporters, and harassment by security forces. The legitimacy of Tanzania’s elections is at stake.

We call on Tanzania to heed the messages delivered by national, African, and international actors and to change course before the country enters a full-fledged human rights crisis, with potentially grave domestic and regional consequences.

Signed:

Access Now, Global
Acción Solidaria on HIV/aids, Venezuela
Africa Freedom of Information Centre
Africa Judges and Jurists Forum
AfroLeadership
ARTICLE 19, Global
Asia Dalit Rights Forum (ADRF), New Delhi and Kathmandu
Association for Human Rights in Ethiopia (AHRE)
Association of Freelance Journalists
BudgIT Foundation, Nigeria
CEALDES, Colombia
Center for Civil Liberties, Ukraine
Centre for Human Rights & Development (CHRD), Mongolia
Centre for Law and Democracy, Canada
Center for National and International Studies, Azerbaijan
Child Watch, Tanzania
CIVICUS, Global
Civic Initiatives, Serbia
CIVILIS Human Rights, Venezuela
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Committee to Protect Journalists (CPJ)
Community Empowerment for Progress Organization (CEPO), South Sudan
Commonwealth Human Rights Initiative (CHRI)
Corporación Comuna Nueva, Santiago de Chile
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Democracy Monitor PU, Azerbaijan
Eastern Africa Journalists Network (EAJN)
Ethiopian Human Rights Council (EHRCO)
Ethiopian Human Rights Defenders Coalition (EHRDC)
Espacio Público, Venezuela
Front Line Defenders, Global
Gestos (HIV and AIDS, communication, gender), Brazil
Greenpeace Africa
Groupe d’Action pour le Progrès et la Paix (GAPP-Afrique), Canada
Groupe d’Action pour le Progrès et la Paix (GAPP-BENIN)
Groupe d’Action pour le Progrès et la Paix (GAPP Mali)
HAKI Africa, Kenya
Human Rights Concern – Eritrea (HRCE)
Human Rights Defenders Network, Sierra Leone
Humanium, Switzerland
HuMENA for Human Rights and Civic Engagement (HuMENA Regional)
International Partnership for Human Rights (IPHR) – Belgium
Jade Propuestas Sociales y Alternativas al Desarrollo, A.C. (JADESOCIALES)- México
Ligue Burundaise des droits de l’homme Iteka-Burundi
Maison de la Société Civile (MdSC), Bénin
MARUAH, Singapore
Media Rights Agenda (MRA), Nigeria
Nigeria Network of NGOs, Nigeria
Nouvelle Dynamique de la Société Civile de la RD Congo (NDSCI)
Odhikar, Bangladesh
ONG Convergence des Actions Solidaires et les Objectifs de Développement Durable (CAS-ODD ONG) – Bénin
ONG Nouvelle Vision (NOVI), Bénin
Open School of Sustainable Development (Openshkola), Russia
Open Society Initiative for Southern Africa (OSISA)
Partnership for Peace and Development, Sierra Leone
RESOSIDE, Burkina Faso
Robert F. Kennedy Human Rights, Global
Sisters of Charity Federation, United States
Somali Journalists Syndicate (SJS), Somalia
Southern Africa Human Rights Defenders Network (SAHRDN)
Sudanese Development Initiative (SUDIA), Sudan
The Human Rights Centre Uganda (HRCU), Uganda
Tournons La Page (TLP)
Water, Sanitation and Hygiene Network, Sierra Leone
Women in Democracy And Governance, Kenya (WIDAG)
Zambia Council for Social Development, Zambia

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