TALKING POINT : Lissu’s shooting was an attack on constitutionalism

I have followed with dismay developments following the shooting in Dodoma earlier this month of Singida East MP Tundu Lissu (pictured), who is also the Opposition Chief Whip in Parliament and president of the Tanganyika Law Society.

In my view, Mr Lissu, who was critically wounded, deserved some security arrangement given his status and the fact he had publicly stated a few weeks earlier that his life was in danger.

I deem the shooting as an attack beyond the person of Tundu Lissu, who is a prominent lawyer and steadfast human rights defender. Mr Lissu is a Tanzanian who deserves the natural and constitutional right to life as provided for under Article 14 of the Constitution of the United Republic of Tanzania. Accordingly, every person has the right to live and to the protection of his life by society in general and the Police Force in particular.

Additionally, the constitution states under Article 15 that, “Every person has the right to freedom and to live as a free person.” Hence, Mr Lissu is entitled to respect and protection and privacy of his person and family. According to Article 16 (1), Mr Lissu deserves protection of his residence and private communications as well.

It therefore boggles the mind that nothing was done even after the legislator said he feared for his life. The Inspector General of Police said in a press statement that Mr Lissu never officially reported about any threat to his security. Instead, the Police Force accused him of keeping it to himself and only talking about it at political gatherings. Must one report to the police to get the constitutionally guaranteed right to protection of their life? How many more lives are at risk? How safe are the premises of Parliament and individual parliamentarians’ residences?

That is why I argue that the attack on Mr Lissu was an attack on constitutionalism. It was an attack on the Constitution’s Article 18, which guarantees one’s right to freedom of opinion and expression of ideas. What does the brazen daylight attack portend for the rest of us who are particularly vocal in advocating human rights and other constitutional guarantees? The shooting marked a retrogression in constitutional democracy achieved in Tanzania since the country’s return to political pluralism in the early 1990s.

We, as a country, have subscribed to numerous human rights instruments in protection of the right to life. For instance, we are supposed to be die-hard defenders of the African Charter on Human and People’s Rights. Tanzania is also signatory to many other freedom protocols, including the worldwide Open Government Partnership and Universal Periodic Review. Continentally, we are members of the African Peer review Mechanism that seeks to promote respect for good governance and rule of law. What’s next following the attempt on Mr Lissu’s life? Prior to Mr Lissu’s shooting by “unknown” people, there were a string of incidents that raised questions about the security of prominent politicians. Earlier this year, a security officer drew a gun on Mtama MP Nape Nnauye in broad daylight and publicly threatened to shoot him. Needless to say, those who expected the Police Force to act against this flagrant and arrogant misuse of a firearm were disappointed.

Tarime MP Chacha Wangwe and outspoken opposition politician Christopher Mtikila were supposedly killed in highly questionable road accidents. Even Ludewa MP Deo Filikunjombe’s death in a helicopter crash in the run-up to the 2015 elections left many unanswered questions. Beyond politics, there have been attacks on human rights activists and other critical voices. Dr Steven Ulimboka was abducted, tortured and left for dead at the height of a doctors’ strike in 2012. Journalists Saeed Kubenea and Ndimara Tegambwage were attacked with acid in 2008.

I myself received death threats in 2014. I reported the threats to police only to be told that I may have a “personal beef” with some people in Dar es Salaam. It was only after I persisted that I was promised security at my home and office. I recall seeing some police vehicles patrolling outside my office for about two days before they quietly slipped away, never to be seen again. It is time police took it as their responsibility to protect every law-abiding Tanzanian, regardless of their political affiliation or social standing. This should not be something that people should beg for.

Deus Kibamba is trained in Political Science, International Politics and International Law