A crackdown on political
dissent warns of an unfree and unfair election in Tanzania
By Tatenda Mazarura• 18 September 2020
Tanzania goes to the polls on
28 October 2020 to elect a president, members of parliament and councillors.
This will be the fifth general election since the reintroduction of the
multiparty system in the country in 1992.
While President John
Magufuli, who took office in 2015, has pledged a peaceful and credible
process, the election comes amid concerns of
narrowing freedoms and increasing authoritarianism.
Magufuli has been accused of
cracking down on political dissent and freedom of speech in a desperate bid to
tighten his grip on political power, a situation that has worsened as the
election draws closer.
Reports indicate shrinking civic and
democratic space, information manipulation and restriction of freedom of
expression, association and assembly. Newspapers have been shut down,
journalists are being harassed and arrested, the opposition is being persecuted
and arrested and the work of non-governmental organisations (NGOs) has been
severely restricted.
Protests, anonymous blogging
and criticism of parliament have all been outlawed. This has heightened fears
that the looming vote’s credibility will be compromised.
In a joint statement submitted by
CIVICUS and DefendDefenders at the 43rd session of the United Nations (UN)
Human Rights Council in June, the organisations noted the rapidly deteriorating
situation in Tanzania, urging the UN to act swiftly and prevent further
escalation. Part of the statement read:
“We continue to document the
use of draconian legislation and of legal and extra-judicial methods to
restrict freedom of expression and opinion, peaceful assembly and association,
and the overall closure of the civic and democratic space.”
Equal access to the media,
and a conducive operating space for all stakeholders, is an important part of a
vibrant and inclusive democracy. However, the current environment will make it
difficult for citizens to make informed choices come election day.
In the absence of a conducive
operating environment for political parties, candidates, civil society and the
media, the people of Tanzania risk having their right to freely participate in
the elections compromised.
Manipulation of the legal
framework
The legal framework for
elections remains problematic.
Freedom House’s annual report
documents how, in January 2019, parliament passed draconian amendments to
the Political Parties Act that, among other provisions, allow for bans on
political parties that engage in common forms of activism. A campaign of
repression against opposition parties ensued, with harassment, arrests, and
detentions of prominent political figures.
According to a report
released by Human Rights Watch (HRW) on 2
September 2020, at least 17 opposition party members and critics of the
government have been arrested since mid-June. The human rights watchdog argued
it was no coincidence that the Tanzanian government had increased its
repression so close to next month’s elections.
On 23 June, police arrested
opposition politician Zitto Kabwe and seven other opposition members during an
internal meeting of their opposition party, Alliance for Change and
Transparency (ACT)-Wazalendo, in Kilwa, in the southern region of Lindi. They
were charged with “endangering the peace”.
On 6 July, eight members of
Chadema, Tanzania’s main opposition party, including its youth wing
chairperson, Nusrat Hanje, were arrested in the Singida region, west of
Dodoma.
The police 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”. The group remains in jail in Dodoma after a magistrate
denied them bail. On 26 August, the high court ordered that their bail be
processed, but they remain in jail.
On 11 July, the police
arrested Sheikh Issa Ponda, secretary of the Council of Imams in Tanzania at
his office in Bungoni, Dar es Salaam, allegedly for circulating a document
containing elements of incitement and breach of peace.
Recently, the National
Electoral Commission (NEC) reportedly reviewed and amended
election regulations. The new regulations indicate that inviting international
observers is discretionary. In addition, party agents will not be guaranteed to
receive result slips after the count has been concluded. It will be left to the
discretion of the relevant election supervisor whether to allow a party agent
to look at the result slips.
As a result, critics believe the October
elections will neither be free nor fair unless urgent reforms are introduced.
Fatma Karume, a former president of the Tanganyika Law Society, said:
“The conditions definitely do
not exist for a credible election. The premise of free and fair elections is
that there must be a level playing field for all political parties, which is
currently not the case in Tanzania.”
Access to media severely
curtailed
An independent, impartial
media that affords equal access to all political parties and candidates is
necessary for a free and fair election.
A month before the election,
the state media continues to show bias towards the ruling Chama Cha Mapinduzi
(CCM) party.
Maalim Seif Sharif Hamad, the
national chairperson of the opposition ACT in Tanzania, has bemoaned failure by public
media outlets to provide equitable coverage of all political parties:
“Currently, the TBC, ZBC,
Daily News, Habari Leo (News Today and Zanzibar Leo (Zanzibar Today) have
become mouthpieces of the CCM, driving government propaganda. The media plays a
vital role in ensuring free and fair elections. They should draw up regulations
and guidelines to ensure equitable and fair coverage,” he said.
The government has reportedly imposed new
restrictions on the media and on freedom of expression online. It adopted
regulations that ban Tanzanian broadcasters from working with foreign
broadcasters without staff from the Tanzania Communications and Regulatory
Authority (TCRA) or other government agency present. It also adopted
regulations that criminalise a broad range of social media and online posts,
including those that support organising demonstrations.
The authorities have also
fined or suspended media outlets for covering politically sensitive topics,
including the coronavirus. On 28 August, the TCRA suspended the private media house, Clouds TV, for a
week for violating the broadcast code by announcing election statistics that
had not been approved by the NEC.
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
authorities accused Kwanza TV of being “unpatriotic”.
In addition, the NEC has
excluded human rights organisations, including the Tanzania Human Rights
Defenders Coalition, the Legal and Human Rights Centre and the Tanzania
Constitution Forum (Jukwaa la Katiba Tanzania), from conducting voter
education.
This may result in
disenfranchisement of citizens who rely on these sources of information. In
line with regional and international best practice, voter education must be
open and accessible to all. It should not be criminalised unless it involves
dissemination of inaccurate information with malicious intent.
Election observers
Owing to the Covid-19
pandemic, the elections will be held in the absence of international observers
– including the Southern African Development Community (SADC) and the African
Union (AU) – as in the case of Guinea and Malawi, among others.
Another major concern will be
reduced local election observation.
The authorities have also
taken action against key NGOs to limit their ability to monitor the
elections.
In July, the NEC issued lists of organisations
approved to observe the elections, excluding major organisations that have
historically coordinated election monitoring in the country, including the
Tanzania Human Rights Defenders Coalition, the Legal and Human Rights Centre,
and the Tanzania Constitution Forum (Jukwaa la Katiba Tanzania).
According to Human Rights Watch, the organisations
believe they were excluded because they have a high capacity to objectively
monitor the elections processes.
Elections and Covid-19
The Covid-19 pandemic poses
an additional challenge to electoral processes in Africa and raises concerns
for the holding of free, fair, transparent and peaceful elections, while also
ensuring the safety of citizens. Tanzania will go into the elections amid the
Covid-19 pandemic, although in June, President Magufuli declared that the country was Covid-19 free.
Tanzania has been criticised
for its management of the pandemic, including for not restricting large
gatherings and not sharing information on coronavirus figures.
Decisions on elections in
times of crisis can therefore pose a
dilemma between civic responsibility and health protection, when people want or
are encouraged to vote but are also concerned about their health, and when no
appropriate measures are put in place in a timely manner.
Going ahead with the
elections in the absence of Covid-19 protection measures may increase the
spread of the pandemic and put the health of the population at risk.
Furthermore, the electorate
may be reluctant to vote for fear of the virus, which could lead to a low voter
turnout, and in the end may further challenge the credibility of the poll.
It remains to be seen whether
authorities will be capable of ensuring a Covid-19 compliant election, which
promotes physical distancing and respects international public health
regulations. However, without building consensus with the political opposition
on this issue, a disputed process and outcome is inevitable.
Conclusion
The SADC Principles and Guidelines Governing
Democratic Elections emphasise the need for full citizen
participation in the political process; freedom of association; equal
opportunity to exercise the right to vote and be voted for; and voter education
as some of the key principles for conducting democratic elections.
Article 25 of the International Covenant on Civil and Political
Rights also refers to the right of every citizen to take part
in the conduct of public affairs and to the right to vote in elections:
“guaranteeing the free expression of the will of the electors.”
Based on this, it is clear
that genuine democratic elections require an environment conducive to the
respect of human rights and fundamental freedoms, including freedom of peaceful
assembly and association, freedom of opinion and expression and personal
security and safety – all of which are essential conditions for the effective
exercise of the right to vote.
The playing field in Tanzania
is far from being level, and this is in violation of SADC guidelines and the African Charter on Democracy, Elections and
Governance.
For these reasons, the
African Union, SADC and the African Commission on Human and People’s Rights
should all be expressing concern and appealing to President Magufuli to abide
by international and regional law.
Elections should not be held
just to tick the box of fulfilling a constitutional necessity, but should be
conducted in a manner that allows for full expression, freedom from
intimidation and fear, and equal access to sources of information.
Authorities in Tanzania are
encouraged to put urgent measures in place that will guarantee a peaceful,
free, fair and credible process.
https://www.dailymaverick.co.za/article/2020-09-18-a-crackdown-on-political-dissent-warns-of-an-unfree-and-unfair-election-in-tanzania/
