Ccm sikio la kufa12 October 2020, Index number: AFR 56/3051/2020.
1. EXECUTIVE SUMMARY
Tanzania has been independent since 1961 with President John Magufuli as the country’s fifth president, elected into office in October 2015.
On 28 October 2020, Tanzanians go to the polls in general elections. Under President Magufuli’s administration, the state has used a raft of repressive laws to restrict the rights to freedom of expression, peaceful assembly and association – online and offline.
This report shows how from January to September 2020 the government has ramped up this repression against political opposition parties, critical media outlets, non-governmental organizations (NGOs) and human rights defenders and activists. The repression has had a chilling effect on debate. It will constrain civic engagement and prevent scrutiny of the authorities’ human rights record, including in the context of the elections.
Following on from Amnesty International’s October 2019 report, The Price We Pay – Targeted for Dissent by the Tanzanian State, these two reports show how the human rights situation has deteriorated over the last five years.
Frequent changes to laws, and the regulations that give effect to them, make it hard to keep up with Tanzania’s ever shifting legal landscape. Cumulatively, such changes have significantly eroded the rule of law and undermined respect for human rights, as incumbent President Magufuli runs for his second and final constitutional term of office.
Before the start of the election campaign period, opposition politicians faced arbitrary arrest and detention, as police applied public assembly laws in a selective and partisan way.
Opposition activities continue to be severely restricted, while politicians from the ruling Chama cha Mapinduzi (CCM) party and public officials disregard the same law and operate freely. In a positive step, Tundu Lissu, a leading opposition leader, was able to return from exile in July 2020 to stand as presidential candidate for the Chadema opposition party. He had previously fled the country in 2017 after an attempted assassination.
However, opposition politicians continue to report physical attacks and the police’s failure to promptly, thoroughly, transparently and effectively investigate these means that Tanzania’s elections take place amidst an escalating crackdown on human rights and repression of opposition leaders and candidates, who continue to fear for their safety and security.
In the lead-up to the elections, NGOs perceived to be critical of the government have been threatened with suspension, suspended or denied clearance to conduct election-related activities. NGOs face the dilemma of disclosing extensive details about their activities and funding, potentially compromising human rights work and staff security, or risking deregistration. Some have scaled back work and are self-censoring. This will reduce scrutiny of the authorities’ human rights record, including ahead of the elections.
Tanzania’s government has also cracked down on media freedom, including in the context of the authorities’ response to the COVID-19 pandemic. They have suspended media outlets, limiting the public’s right to information, and exerting a chilling effect on the right to freedom of expression and media freedom. In a further attempt to restrict human rights in the context of the elections, foreign journalists must now be accompanied by a government minder when carrying out their official duties and political parties have been warned that meeting foreign diplomats may violate laws governing political parties.
Reducing avenues for civic organizing, access to information, and the right to freedom of peaceful assembly before, during and after the elections, revised internet regulations now criminalize planning or supporting protests “which may lead to public disorder”. These sweeping and overly broad provisions hold internet users responsible for the conduct of protests, even if they do not directly participate, which would dissuade people from online activism.
This report is based on 29 telephone interviews including with affected persons and their families, lawyers, politicians, journalists, and representatives of NGOs conducted remotely between 20 April and 28 September 2020 and reviews of videos, photographs, official statements, court documents and media reports.
On 2 October 2020, Amnesty International sent letters to the Attorney General, Minister of Constitutional Affairs and Justice and the Minister of Home Affairs requesting official responses to the specific concerns that we investigated regarding the extent to which Tanzanian authorities have used legal and administrative restrictions to undermine respect for human rights enshrined in the Constitution of Tanzania and regional and international human rights law, as the country heads towards its general election in October 2020. At the time of writing, Amnesty International had received no response to the letters sent to the government officials.
Ahead of the forthcoming elections, Amnesty International calls on the authorities to respect, protect, promote and fulfil the human rights of everyone including the rights to freedom of expression, association, peaceful assembly and movement. The authorities must end arbitrary arrests of opposition politicians, allow media outlets and NGOs to operate freely, and permit independent observers to monitor and speak out about human rights issues.
It is also essential that the government ensures accountability for election-related human rights violations, as part of a broader human rights reform to turn the page on the government’s increasing repression and crackdown on the civic space.
Amnesty International urges the international community including the United Nations (UN), African Union (AU), Southern African Development Community (SADC) and East African Community (EAC) to put pressure on the Tanzanian authorities to respect, protect, promote and fulfil human rights before, during and after the elections, including by publicly speaking out against human rights violations and abuses and raising concerns about these violations and abuses in their engagement with the government.
The UN and Tanzania’s development partners have been relatively muted on the human rights situation in Tanzania, and must increase their engagement, publicly and privately, at this critical juncture.
7. CONCLUSION
Amnesty International calls on inter-governmental organizations, including the UN, AU, SADC and EAC, to put pressure on the Tanzanian authorities to respect, protect, promote and fulfil human rights before, during and after the elections, including by publicly speaking out against human rights violations and abuses and raising concerns about these violations and abuses in their engagement with the government.
8. RECOMMENDATIONS
8.1 TO THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA
• Publicly commit that your government will respect, protect, promote and fulfil human rights before, during and after the elections, will not tolerate any human rights violations and abuses, and will ensure prompt, thorough, transparent and effective investigation of any allegations of violations and abuses and bring suspected perpetrators to justice;
• Publicly condemn all threats, intimidation, harassment and attacks against opposition politicians, religious leaders, human rights defenders, activists, NGOs, media outlets, journalists, and online users;
• Publicly recognize and defend the importance and legitimacy of the human rights work of human rights defenders, activists and civil society organizations, and ensure that they can carry out their work freely and independently without any fear of reprisals;
• Ensure the urgent repeal and review of all repressive laws and regulations and bring any such laws and regulations in conformity with Tanzania’s constitution and international human rights obligations and commitments;
• Publicly commit that your government will domesticate the UN Declaration on Human Rights Defenders, and end intimidation and harassment of associations lawfully carrying out their mandates to defend other people’s rights;
• Ensure that your government’s decision to withdraw Tanzania’s declaration to the African Court on Human and Peoples’ Rights is immediately rescinded and that individuals and NGOs can enjoy direct access to the Court to challenge any violations of human rights against your government.
8.2 TO MINISTER OF HOME AFFAIRS
LAWFARE
• Ensure the immediate and unconditional release of anyone detained solely for peacefully expressing political and religious views or other beliefs;
• Ensure prompt, thorough, impartial, transparent, and effective investigations into allegations of political violence, and other human rights violations and abuses including cases of arbitrary arrest of members of the political opposition and other government critics so that anyone suspected to be responsible is brought to justice in fair trials;
• Publicly commit to ensure that the authorities will allow everyone, including opposition politicians, religious leaders, human rights defenders, activists, NGOs, media outlets, journalists, and online users to freely exercise their human rights, including the rights to freedom of expression, association and peaceful assembly without fear of reprisals;
• Publicly commit to ensure that the authorities will observe and respect international human rights standards related to the use of force, crowd control and policing, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the UN Code of Conduct for Law Enforcement Officials.
https://www.amnesty.org/download/Documents/AFR5630512020ENGLISH.PDF
Nadhani sheria zetu huenda zisiwe na shida sana ila shida ikatokea kwenye utekelezaji wake - sasa ni vizuri tuchukuwe ushauri wao (kama upo mzuri) ili kuwa na taifa lenye mshikamanoSheria za Tanzania zilizotungwa na Bunge halali la Jamhuri ya Muungano wa Tanzania haziwezi kufutwa kwa matakwa ya shirika binafsi la nje.
Maadui ni wengi sana. Lakini Kama Bwana atendavyo na alivyomtendea Mfalme Daudi ndivyo hivyo TL atashinda.
Maajabu ya Mungu hayana mipaka
Who cares tutawafundisha adabu!Dunia yote inatutazama!
Lazima ufahamu Chadema wameiteka JF au kuinunua kabisa.JAMANI IVI MNAFAHAMIANA NA MA.ADMIN WA JF?? MIMI NIKIMUITA TU MTU MPUMBAFU NAKULA BAN YA WIKI, YANI MWENZENU SINA RAHA KABISA NA PIA SIKO HURU UMU JANVINI, YOTE MAISHA
Return from exile!!makubwa haya !! Kwa hiyo alikuwa mkimbizi?? Tangia lini?hivi mnajua sheria za kuwa mkimbizi zikoje?? Nani alimpa ukimbizi? Ndiyo maana tunasema huyu katumwa kuvuruga amani ya nchi12 October 2020, Index number: AFR 56/3051/2020.
1. EXECUTIVE SUMMARY
Tanzania has been independent since 1961 with President John Magufuli as the country’s fifth president, elected into office in October 2015.
On 28 October 2020, Tanzanians go to the polls in general elections. Under President Magufuli’s administration, the state has used a raft of repressive laws to restrict the rights to freedom of expression, peaceful assembly and association – online and offline.
This report shows how from January to September 2020 the government has ramped up this repression against political opposition parties, critical media outlets, non-governmental organizations (NGOs) and human rights defenders and activists. The repression has had a chilling effect on debate. It will constrain civic engagement and prevent scrutiny of the authorities’ human rights record, including in the context of the elections.
Following on from Amnesty International’s October 2019 report, The Price We Pay – Targeted for Dissent by the Tanzanian State, these two reports show how the human rights situation has deteriorated over the last five years.
Frequent changes to laws, and the regulations that give effect to them, make it hard to keep up with Tanzania’s ever shifting legal landscape. Cumulatively, such changes have significantly eroded the rule of law and undermined respect for human rights, as incumbent President Magufuli runs for his second and final constitutional term of office.
Before the start of the election campaign period, opposition politicians faced arbitrary arrest and detention, as police applied public assembly laws in a selective and partisan way.
Opposition activities continue to be severely restricted, while politicians from the ruling Chama cha Mapinduzi (CCM) party and public officials disregard the same law and operate freely. In a positive step, Tundu Lissu, a leading opposition leader, was able to return from exile in July 2020 to stand as presidential candidate for the Chadema opposition party. He had previously fled the country in 2017 after an attempted assassination.
However, opposition politicians continue to report physical attacks and the police’s failure to promptly, thoroughly, transparently and effectively investigate these means that Tanzania’s elections take place amidst an escalating crackdown on human rights and repression of opposition leaders and candidates, who continue to fear for their safety and security.
In the lead-up to the elections, NGOs perceived to be critical of the government have been threatened with suspension, suspended or denied clearance to conduct election-related activities. NGOs face the dilemma of disclosing extensive details about their activities and funding, potentially compromising human rights work and staff security, or risking deregistration. Some have scaled back work and are self-censoring. This will reduce scrutiny of the authorities’ human rights record, including ahead of the elections.
Tanzania’s government has also cracked down on media freedom, including in the context of the authorities’ response to the COVID-19 pandemic. They have suspended media outlets, limiting the public’s right to information, and exerting a chilling effect on the right to freedom of expression and media freedom. In a further attempt to restrict human rights in the context of the elections, foreign journalists must now be accompanied by a government minder when carrying out their official duties and political parties have been warned that meeting foreign diplomats may violate laws governing political parties.
Reducing avenues for civic organizing, access to information, and the right to freedom of peaceful assembly before, during and after the elections, revised internet regulations now criminalize planning or supporting protests “which may lead to public disorder”. These sweeping and overly broad provisions hold internet users responsible for the conduct of protests, even if they do not directly participate, which would dissuade people from online activism.
This report is based on 29 telephone interviews including with affected persons and their families, lawyers, politicians, journalists, and representatives of NGOs conducted remotely between 20 April and 28 September 2020 and reviews of videos, photographs, official statements, court documents and media reports.
On 2 October 2020, Amnesty International sent letters to the Attorney General, Minister of Constitutional Affairs and Justice and the Minister of Home Affairs requesting official responses to the specific concerns that we investigated regarding the extent to which Tanzanian authorities have used legal and administrative restrictions to undermine respect for human rights enshrined in the Constitution of Tanzania and regional and international human rights law, as the country heads towards its general election in October 2020. At the time of writing, Amnesty International had received no response to the letters sent to the government officials.
Ahead of the forthcoming elections, Amnesty International calls on the authorities to respect, protect, promote and fulfil the human rights of everyone including the rights to freedom of expression, association, peaceful assembly and movement. The authorities must end arbitrary arrests of opposition politicians, allow media outlets and NGOs to operate freely, and permit independent observers to monitor and speak out about human rights issues.
It is also essential that the government ensures accountability for election-related human rights violations, as part of a broader human rights reform to turn the page on the government’s increasing repression and crackdown on the civic space.
Amnesty International urges the international community including the United Nations (UN), African Union (AU), Southern African Development Community (SADC) and East African Community (EAC) to put pressure on the Tanzanian authorities to respect, protect, promote and fulfil human rights before, during and after the elections, including by publicly speaking out against human rights violations and abuses and raising concerns about these violations and abuses in their engagement with the government.
The UN and Tanzania’s development partners have been relatively muted on the human rights situation in Tanzania, and must increase their engagement, publicly and privately, at this critical juncture.
7. CONCLUSION
Amnesty International calls on inter-governmental organizations, including the UN, AU, SADC and EAC, to put pressure on the Tanzanian authorities to respect, protect, promote and fulfil human rights before, during and after the elections, including by publicly speaking out against human rights violations and abuses and raising concerns about these violations and abuses in their engagement with the government.
8. RECOMMENDATIONS
8.1 TO THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA
• Publicly commit that your government will respect, protect, promote and fulfil human rights before, during and after the elections, will not tolerate any human rights violations and abuses, and will ensure prompt, thorough, transparent and effective investigation of any allegations of violations and abuses and bring suspected perpetrators to justice;
• Publicly condemn all threats, intimidation, harassment and attacks against opposition politicians, religious leaders, human rights defenders, activists, NGOs, media outlets, journalists, and online users;
• Publicly recognize and defend the importance and legitimacy of the human rights work of human rights defenders, activists and civil society organizations, and ensure that they can carry out their work freely and independently without any fear of reprisals;
• Ensure the urgent repeal and review of all repressive laws and regulations and bring any such laws and regulations in conformity with Tanzania’s constitution and international human rights obligations and commitments;
• Publicly commit that your government will domesticate the UN Declaration on Human Rights Defenders, and end intimidation and harassment of associations lawfully carrying out their mandates to defend other people’s rights;
• Ensure that your government’s decision to withdraw Tanzania’s declaration to the African Court on Human and Peoples’ Rights is immediately rescinded and that individuals and NGOs can enjoy direct access to the Court to challenge any violations of human rights against your government.
8.2 TO MINISTER OF HOME AFFAIRS
LAWFARE
• Ensure the immediate and unconditional release of anyone detained solely for peacefully expressing political and religious views or other beliefs;
• Ensure prompt, thorough, impartial, transparent, and effective investigations into allegations of political violence, and other human rights violations and abuses including cases of arbitrary arrest of members of the political opposition and other government critics so that anyone suspected to be responsible is brought to justice in fair trials;
• Publicly commit to ensure that the authorities will allow everyone, including opposition politicians, religious leaders, human rights defenders, activists, NGOs, media outlets, journalists, and online users to freely exercise their human rights, including the rights to freedom of expression, association and peaceful assembly without fear of reprisals;
• Publicly commit to ensure that the authorities will observe and respect international human rights standards related to the use of force, crowd control and policing, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the UN Code of Conduct for Law Enforcement Officials.
https://www.amnesty.org/download/Documents/AFR5630512020ENGLISH.PDF
Tanzania: Laws weaponized to undermine political and civil freedoms ahead of elections
12 October 2020, 11:19 UTC
Tanzanian President John Magufuli’s government has built up a formidable arsenal of laws to stifle all forms of dissent and effectively clamp down on the rights to freedom of expression and peaceful assembly ahead of elections on 28 October, Amnesty International said as they launched the report Lawfare – Repression by Law Ahead of Tanzania’s General Elections today.
In recent months, opposition candidates have been arrested on spurious charges that strip them of their right to freedom of assembly, association and movement. At the same time rules aimed at tightening the government’s control over what local and foreign media publish have come into force, violating the right to freedom of expression.
“Tanzania has weaponized the law to the point that no one really knows when they are on the right or wrong side of it. Politicians have been arrested for holding or attending meetings, media houses suspended and banned, online activism criminalized, and NGOs stifled with endless regulations,” said Deprose Muchena, Amnesty International’s Director for East and Southern Africa.
These laws and regulations, passed in rapid succession with minimal public participation, affect everyone: opposition politicians, government critics, civil society, journalists, artists, musicians, and diplomats.
“The use of the law to systemically and deliberately clamp down on people’s inalienable human rights, especially in an election season, is an extremely worrying and unhealthy sign for a country positioning itself for greater growth and development,” said Deprose Muchena.
Opposition clampdown
Joseph Mbilinyi, a candidate with the main opposition party Chama cha Demokrasia na Maendeleo (Chadema) party was arrested and released on 14 August, accused of organizing an “unauthorized demonstration” because he was accompanied by supporters as he collected his nomination papers from the National Elections Commission (NEC) offices in Mbeya.
Seven members of Chadema’s youth wing were on 7 July arrested for “ridiculing the national anthem and flag” among other charges, because they sang the national anthem while hoisting the party flag. They have not been released.
The leader of the opposition Alliance for Change and Transparency (ACT – Mzalendo), Zitto Kabwe, was arrested on 23 June with seven party officials, for holding an “illegal assembly” because they attended an internal party meeting. And on 12 June, he was summoned to explain his meeting with British High Commissioner Sarah Cooke allegedly in contravention of Section 6(C)4 of The Political Parties (Amendment) Act 2019, which states that “a non-citizen shall not participate in the decision making process of a political party with the aim of promoting the objectives of that party”.
“The authorities must stop harassing opposition politicians over ridiculous pretexts and instead respect, uphold and facilitate the fulfilment of the rights to liberty, freedom of expression, peaceful assembly and association, to enable them to freely run their campaigns,” said Deprose Muchena.
Media targeted
New rules introduced in August require foreign journalists to be chaperoned on assignments by a government official. Tanzanian broadcasters must also seek permission to air content produced by foreign media following an amendment of the Radio and TV Broadcasting regulations on 11 August 2020. The amendment was precipitated by the broadcast of a BBC interview with opposition politician Tundu Lissu by Radio Free Africa, a Tanzanian broadcaster.
Amnesty International has documented the banning of the Tanzania Daima newspaper associated with Chadema’s Freeman Mbowe on 23 June, and the suspension of other media houses, some under the pretext of spreading false information on COVID-19. Kwanza TV, associated with Maria Sarungi-Tsehai, a fierce critic of President Magufuli, was suspended on 6 July for 11 months for publishing a health alert on Tanzania from the US government.
Civil society stifled
Amnesty International documented at least four new laws passed since 2019 restricting NGOs operations. From June 2019, NGOs were required to disclose the source of their funding, and from April 2020 additional guidelines were passed to give government more control over NGOs impeding freedom of association. Supervision of certain NGO functions that had previously been under the Ministry of Health, Community Development, Gender, Elderly and Children is now under the President’s Office, an indication of growing executive influence over NGO operations.
“NGOs are now struggling between disclosing extensive information about their work, which undermines the independence required for legitimate human rights work and puts the security of their staff at risk or face being deregistered,” said Deprose Muchena.
In June, human rights NGOs were banned from undertaking election-related activities while international observers were ordered not to speak about the elections. The Elections Commission on 23 June barred key civil society organizations such as the Tanzania Constitution Forum (TCF), the Legal and Human Rights Centre (LHRC), the Tanzania Human Rights Defenders Coalition (THRDC) and the Tanzania Episcopal Conference (TEC) from conducting voter education. Two of these - THRDC and LHRC cannot train lawyers to handle election petitions as they have previously done.
“President Magufuli must urgently reverse the decline in political and civil freedoms in Tanzania and ensure human rights defenders, activists and civil society organizations can carry out their work freely and independently without any fear of reprisals,” said Deprose Muchena.
“He must also ensure that his administration respects, protects and promotes human rights before, during and after the elections. Furthermore, he must ensure the prompt, thorough, transparent and effective investigation of any allegations of violations and bring suspected perpetrators to justice.”
Ninamuonea huruma yule jamaa mwizi wa PhD. Ataitwa mahakama ya kimataifa ataongea kisukuma english 0, kiswahili 0. Itakuwaje?
Kichaa kipo kwako wewe uliyefungwa na majivuno, ubabe na ufedhuli wa jiwe na kushindwa kusoma alama za nyakati. Mkuu, safari hii MWAFWAA.Una kichaa cha mbwa wewe
Haaa haa haaa hali hiyo hutokea hasa pale unapotaka kupinga upande wa HAKI.Ikitokea unaandika,unafuta mara kadhaa nibora ukaacha kuchangia huo uzi
Nimeachana na uzi huu
Wewe toa hoja, Matusi ya Nini? Tatizo humna hoja ndiyo Mana mnaishia kupanic na kutukana watu. Toka huko upande wa DHURMA, pigania HAKI ndiyo utaishi kwa Amani siyo tu humu JF Bali hata Mitaani.JAMANI IVI MNAFAHAMIANA NA MA.ADMIN WA JF?? MIMI NIKIMUITA TU MTU MPUMBAFU NAKULA BAN YA WIKI, YANI MWENZENU SINA RAHA KABISA NA PIA SIKO HURU UMU JANVINI, YOTE MAISHA
Ustaarabu pia nikikwazo wakati mwingineHaaa haa haaa hali hiyo hutokea hasa pale unapotaka kupinga upande wa HAKI.
Jiwe anaenda KUSHANGAZWA pakubwa, ninyi WAPORAJI wa mabox na nakala za kura mtakua na kibarua kigumu sana mwaka huu.Una kichaa cha mbwa wewe
Ukisema Watanzania una maana gani?!Ni Mbinyo mbinyo, mwaka huu 2020 CCM haichomoki kupitia rafu zake.
waTanzania wasema sasa basi! Jumuiya za kimataifa wapo upande wa waTanzania watakaochagua mabadiliko.