Tanzania is one of the salient countries within the East African region that has been credited for its transitional democracy. From one Head of state to another, Tanzania has been a beacon of hope in the continent of Africa. Yet, even with such impressive liberal democratic records, the euphoria with which the election of John Pombe Magufuli in 2015 as President of the United Republic of Tanzania ushered to the political landscape has consequently turned into huge euphemism. As the country first approaches for 28th October, concerns of narrowed freedoms of speech and expression have nurtured despotic responses from the government. The current situation has mirrored Magufuli’s government as an epitome of patriarchal manifestation, normalizing vices in a bid to tighten his grip on political power, a situation that has worsened as the election draws closer.
Digital communications and online platforms have revolutionized and transformed the socio-political and economic way of life. Digital platforms are currently being used by citizens as a means of expression – to freely speak their minds, engage in decision-making processes and amplify voices of grassroot communities with limited access and opportunities. These have also enhanced democratic values and ability of people to freely interact, engage and share political views. However, even with such transformative potential of the digital platforms and the opportunities it presents in enhancing the flow of information to broader audiences – fostering accountability and transparency, authoritarian regimes have increasingly used it to stifle dissenting voices and opinions.
The rights of the citizens of Tanzanians to freely engage in political processes and decision making of their country is undermined by the increasing threat posed by state authorities – including intelligence communities who use communication surveillances against advocacy groups, opposition, critics and opinionated citizens. In the end, critics are threatened, intimidated, arrested and in some instances killed due to their criticism of the regime in power.
Online platforms such as Facebook, Twitter, WhatsApp and YouTube have been under increasing state censorship and surveillance. Despite the absence of data protection and privacy law, there are several laws which are used by authorities to undermine freedom of expression. Some of the laws that are used to arrest and charge online activists in Tanzania includes: The constitution of the united republic of Tanzania of 1977, the electronic and postal communications Act of 2010, the electronic and postal communication (consumer protection) regulations,GN.427 of 2011, the cybercrime act 2015, the legislation and identification of person act, CAP 36 R: E 2012, the records and achieves management act, No.3 of 2002, Access to information act No.9 of 2016, the statistics act, No.9 of 2015, and the electronic and postal communications (online content) regulations, 2018 just to mention but a few.
Tanzania is heading to the presidential election slated for October 28th, 2020 with a lot of threats and intimidation as well as pathological fear among users of online spaces. Upon Magufuli’s swearing in as President of Tanzania in 2015, there has been increasing purge, arrests, detention, and disappearance of critics and activists especially those utilizing online communication to express themselves freely. This has left citizens unbelieving of whether the 28th October elections will turn out to be free and fair unless amendments and reforms are made with urgency. For instance, the Human Rights Watch report (2 September 2020), mentions some of the opposition party members and critics of the government that have been arrested including;
1. Isaac Habakkuk Emily was charged with referring to president Magufuli as an imbecile via his Facebook account under section 16 of cybercrime Act, 2015 and charged $ 3,200 or 3 years in prison. He paid the fine and was released.
2. Naila Amin was charged with using abusive language against Martha Sebarua under section23 (1) and (3) of the cybercrime Act, 2015. He was charged $ 2,200- or 3-years imprisonment. He paid the fine and was released.
3. Leonard Kyaruzi accused and arrested due to his post on WhatsApp group criticizing how the president Magufuli was running the country. He was charged under section 118(a) of the electronic and postal communication Act, 2010.
4. In March 2020, Ms. Fatuma Karume, a lawyer and former president of Tanganyika law society was suspended from legal practice as a lawyer. Ms. Karume suspension was in response to an allegation of misconduct following her written submission in a constitutional challenge to the president’s appointment of professor Adelardus Kilangi as the Attorney General of Tanzania. The decision to suspend Ms. Karume was handled down by Justice E.M Felisha as part of the court’s ruling in the constitutional matter. According to the court’s ruling state council complained that, the language used by Ms. Karume in her submissions was unprofessional and disrespectful of the solicitor general and the Honorable Attorney General.
5. On 23 June, the opposition politician Zitto Kabwe and seven other opposition members were arrested during an internal meeting of their opposition party, Alliance for Change and Transparency (ACT)- the Wazalendo, in Kilwa, in the southern region of Lindi. They were charged with “endangering the peace”.
Additionally, more 8 members of Chadema, Tanzania’s main opposition party were arrested on 6 July, in the Singida region, west of Dodoma.
6. On 6 July, the Communications Authority banned Kwanza TV, an online television station, for eleven months following an Instagram post reporting on a Covid-19 health alert by the United States embassy about Tanzania. The online operating tv was accused them of insulting the national flag by singing the Tanzanian national anthem while raising a Chadema flag during a party meeting on 4 July. Prosecutors also accused the group of unlawful assembly and “attempting to communicate classified information hence labeling them ‘unpatriotic’. The group remains in jail in Dodoma after a magistrate denied them bail.
7. On 11 July, sheikh Issa Onda secretary of the Council of Imams in Tanzania was arrested by the police at his office in Bungoni, Dar es Salaam, allegedly for circulating a document containing elements of incitement and breach of peace in the country.[1]
To date, the government has continuously attacked opposition, activists, advocacy groups and vulnerable groups whenever it is faced with accountability, morality and law enforcement questions. According to the NEC, due to the ongoing Covid-19 pandemic, the elections are to be held in the absence of international observers as listed including the Tanzania Human Rights Defenders Coalition, the Legal and Human Rights Centre, the Tanzania Constitution Forum (Jukwaa la Katiba Tanzania), the Southern African Development Community (SADC) and the African Union (AU), among others. It is fair to conclude that the reason for excluding these organizations is because of their objectivity and the desire for a transparent democratic electoral process.
In order to build and maintain peace, the authorities in Tanzania ought to put urgent measures in place that will guarantee a peaceful, free, fair and credible election process.
Constitution must be legally followed and not amended for regime interests. Customs and norms are important, if there should be any changes, the citizens must be consulted through consultative meetings. According to Roland Ebole, Amnesty International’s Tanzania researcher, president Magufuli marks four years in office in October and he must carefully reflect on his government’s record of ruthlessly disemboweling the country’s human rights framework adding that his government must repeal all oppressive laws being used to clamp down on dissent and urgently end human rights violations and abuses.[2]
Democracy must be practiced 100% if that’s the root the country has chosen to take. For the state to operate in a more democratic manner, there is need for equal access to different media platforms for all stakeholders in order to for citizens to make informed choices come election day. In addition, these should be conducted in a manner that allows citizens to fully express themselves, be free from intimidation and fear, and also have equal access to sources of information.
The government should remind the URT to amend its laws and take into responsibility to protect its citizens from corrupt and biased government officials encouraging transparency and accountability at the national, regional and international levels. None the less, the African Union, SADC and the African Commission on Human and People’s Rights should express immediate concern and appeal to President Magufuli to abide by international and regional laws.
The right to privacy and freedom of expression is a fundamental right that must be protected and upheld at all times. Its enshrined in both domestic laws as well as international law. Yet, the state in Tanzania continues to muzzle, arrest, detain and imprison citizens sometimes, on atrocious charges and most time, cracking on dissenting voices and opinion. Tanzanian state must respect and uphold the human rights and freedoms of its people. It must also adhere to international laws and norms in respect of human rights.
By
Venance Leonard Jeston Ntahondi and Nsekanabo Sheila
[1] Tatenda Mazarura (2020). A crackdown on political dissent warns of an unfree and unfair election in Tanzania
[2] Tom Odula 2019 ‘Rights groups criticize Tanzania’s leader over repression’ By the Associated Press
