Civil society says dozens more ‘bad’ laws enacted

Dar es Salaam. Civil society organisations (CSOs) have expressed their disappointment over what they said is a sharp increase in the number of “unfriendly laws” enacted in the last three decades.

Speaking at a meeting organised by the Tanzania Constitution Forum (Jukata) yesterday, representatives from CSOs across the country said that despite Judge Francis Nyalali’s Commission of 1992 mentioning 40 repressive laws that needed to be amended, there were 25 more oppressive legislations enacted in the last 30 years.

The group said the additional changes have curtailed their operations, and put their existence in jeopardy.

Among the added legislations cited by the CSOs are: the Media Services Act 2016, Cyber-crime Act 2015, the Electronic and Postal Communications (Online content) Regulations, 2018 and the amendment of the Statistics Act.

Others are the Miscellaneous Amendments of 2019 in which the government sought to draw a clear definition and meaning (and therefore operations) of a company on the one side and an NGO and a Society on the other.

“The increase in oppressive laws in the country has led to a decline of the meaning of the democratic system and civil rights,” said Mr Charles Lwabulala, a representative from the Iringa Civil Society Organisation (ICSO).

“During Judge Nyalali’s time, 40 oppressive laws were mentioned. But, now, there are more which are in conflict with the Constitution of the United Republic of Tanzania. What have we done as CSOs?” he queried.

Mr Lwabulala also mentioned the Electoral Act which, he said, empowers the National Electoral Commission (NEC) to appoint city, municipal and district directors as electoral returning officers.

He also said the Media Services Act was among the increasingly-oppressive laws enacted recently.

“Not only are civil liberties that have suffered; social liberties have also diminished, people have stopped discussing important issues. For example: journalists are currently being monitored. There is a need to be more careful at this time as we head for the polls,” Mr Lwabulala lamented.

The statement was echoed by Mchereli Machumbana from the Tanzania Network of Legal Aid Providers (Tanlap), citing amendments to the Basic Rights and Duties Enforcement Act (Bradea) which prohibits prosecution of senior officials - including the President, the Vice President, the Prime Minister, the Speaker and the Chief Justice.

“There are laws which were passed in the last Parliament that have taken away the ability of the people to challenge the government in court,” said Machumbana, stressing that “All of these undermine civil liberties.”

Earlier in his presentation at the conference, Tony Alfred (facilitator) said ‘civil liberties’ have been blocked from fulfilling their responsibilities.

“‘Civil liberties’ are political, legal, social and economic issues that enable citizens to meet and exchange ideas - and take action…,” Alfred explained.

For his part, the Jukata executive director, Bob Wangwe, reiterated that the forum aimed at strengthening CSOs’ ability to lead the public in demanding back their infringed rights.

“If CSOs do not know their constitutional rights, they will not be able to fight for those whose rights are infringed,” he said.

“These series of training sessions are important to rejuvenate how best we together can demand, as well as protect the constitution of the United Republic of Tanzania,” Mr Wangwe added somewhat thoughtfully.