Mahiga defends Tanzania on human rights

Arusha. The Constitutional and Legal Affairs minister, Augustine Mahiga, said yesterday Tanzania will adhere to international human rights protocols that do not contravene the country’s constitution and cultural norms.

He told a meeting of the National Human Rights Dialogue that the perception that the country was averse to the human rights protocols and agreements may have been blown out of proportion by some activists and interested parties. “We have ratified most of the protocols on human rights,” he stated at the start of the meeting attended by politicians, academicians, media people, activists and civil society organisations.

He cited the protocol of the African Commission on Human and Peoples’ Rights which created the African Court, now besieged by the country’s recent withdrawal of a Declaration allowing NGOs and individuals direct access.

Without mentioning the highly criticised withdrawal from a key segment of the Court’s mandate, Dr Mahiga insisted that the Commission’s protocol or those pertaining to other international bodies have to be protected “legally as per our Constitution”.

He said Tanzania was among the first signatories of a protocol that established the African Court of Human and People’s Rights (AfCHPR) in 1998, later ratifying it and hosting the judicial organ.

“This is a sign the fifth phase government is here to implement the human rights agreements,” he pointed out, playing down criticisms often raised to the contrary.

The meeting, organized by the Tanzania Commission for Human Rights and Good Governance, is discussing the country’s progress on implementation of the economic, social and cultural rights.

The deputy permanent secretary in the ministry of Constitution and Legal Affairs Amon Mpanju said adherence to human rights protocols must fall within the country’s laws and cultural norms.

“There will be no space as long as they are against our legal system. They should conform with our laws, regulations, procedures and policies”, he pointed out.

The meeting is taking place only weeks after the government announced it was withdrawing from a key Declaration of the African Court on grounds it contravened with the country’s laws.

Although repeatedly maintaining it was not withdrawing from the Court, hosted by Tanzania in Arusha, the government insisted for a review the declaration it deems contentious.

Human rights and civil society activities - both local and foreign based- have petitioned the government to reconsider the shock withdrawal, saying it would result in the country to be seen in a bad light internationally.

The withdrawal could result in Tanzanians being denied the right to file their cases before the Arusha-based Court which was established largely to handle cases pertaining to human rights violations.

The court, a judicial organ of the African Union (AU), relocated to Arusha from its temporary headquarters in Addis Ababa, Ethiopia in 2007 a year after it became operational. Ever since the government’s intention of withdrawing from the key provision of the African Court, there had been muted discussions on the implications within Arusha’s diplomatic circles.