Human rights defenders see light at the end of the tunnel

Dar es Salaam. The government, led by President Samia Suluhu Hassan is changing tides for non-State actors who found it hard to execute their activities in the last five year-period.

They, especially human rights defenders, appreciate and welcome human rights improvements since President Hassan assumed office one year ago, as well as her good will to uphold human rights and democracy in the country.

Although they emphasize the government should reconsider laws such as the Media Services Act, the Statistics Act, the Cyber Crimes Act, Access to Information Act, the Political Parties Act and the Electronic and Postal Communications (Online Content) regulations among others; they believe it will maintain and extend the same will to other areas pertaining to human rights and the rule of law.

“To make recent progressive developments sustainable, we call for comprehensive legal reforms, including the completion of the new constitution making process and facilitate amendments to legal provisions affecting Civil Society Organisations (CSOs),” said Mr Onesmo Olengurumwa.

Mr Olengurumwa, the national coordinator for Tanzania Human Rights Defenders Coalition (THRDC) exuded as he presented the coalition’s outcome of the Universal Periodic Review (UPR) during the 49th regular session of the UN Human Rights Council in Geneva, Switzerland on Wednesday.

To signify a new dawn, during the conference the country agreed to implement 187 proposals (including 20 partially) out of the 252 recommendations submitted to it as a result of the UPR November, 2021 report on human rights situation.

The government was one of the member states of the United Nations that reviewed the human rights situation and received a total of 252 recommendations thereafter for implementation.

Presenting the outcome of the UPR at the conference in Geneva, the minister for Constitutional and Legal Affairs, George Simbachawene said the country was a strong proponent of the UPR mechanism.

He noted that as the government pursued the goal of realisation of human rights for all Tanzanians, the recommendations were given the highest consideration.

He said that all 252 recommendations were disseminated to State and non-State actors, including the National Human Rights Institution as well as civil society, in both mainland Tanzania and Zanzibar.

“As a result of broad-based consultations, Tanzania had accepted to implement 167 recommendations, which were in compliance with the Constitution of Tanzania Mainland and the Constitution of Zanzibar,” he explained.

The recommendations aligned with policies, laws and programmes which called for the promotion and protection of civil, political, economic, social and cultural rights, emerging human rights issues, anti-corruption efforts, environmental conservation and development priorities of Tanzania.

“We affirmed our commitment to implementing all the accepted recommendations, which had been deemed strategic and effective interventions for the promotion and protection of human rights,” he said.

He revealed that, however, 65 recommendations had been noted; those were recommendations that were not in alignment with the Constitutions, policies, laws, traditions, beliefs and culture of Tanzania, or which required further consultations before making a conclusive decision.

Speakers at the conference also applauded Tanzania for progress made in strengthening its institutional frameworks for the promotion and protection of rights and fundamental freedoms.

“Tanzania’s acceptance of close to 75 percent of the recommendations showed real commitment to further promoting and protecting the rights of all persons on its territory,” one of the speakers said.

Constant engagements, a milestone

Contrary to some years back, within one year of President Hassan’s leadership, there has been constant engagement between human rights defenders and various government ministries, something which marks a new dawn for human rights protection in the country.

This is in addition to the many things that the sixth phase government continues to do, with the first female Head of State.

Within the year much has been done to restore the long-lost hope, especially among human rights defenders, according to experts. For example the release of some of the long-banned media outlets signals a returning media freedom in the country.

Reports on the situation by human rights defenders in Tanzania, compiled by THRDC annually, unveil daunting conditions that rights activists underwent while carrying out their activities in the period between 2015 and 2020.

A 2019 report by THRDC protection desk recorded nine strategic cases and 10 violations against human rights defenders working in different thematic areas, while the same report in 2020 documented a total of 36 incidents of violation of rights against journalists, 20 strategic cases and a total of 83 incidents against right defenders.

Most of the instances, according to the reports, related to arbitrary arrest, malicious prosecution, threats, attacks, curtailment of freedom of expression among others with most of the perpetrators being state machineries, private companies and individuals.

This happened when CSOs made a direct contribution to the government in areas such as health, sanitation and water supply. According to analysis by the National Development Plan (FYDP III), CSOs have been contributing at least 40 percent of the investment in the health sector alone.

As it is, one can now imagine that human rights defenders and the Ministry of Constitution and Legal Affairs are people working in the same office due to regular meetings, joint sessions and consultations.

The release of opposition leader Freeman Mbowe after more than 200 days in custody paved the way for a new dawn. Even the dismissal of the case against ACT-Wazalendo youth wing chairman Abdul Nondo on Tuesday cemented the belief that this is a manifestation of a new beginning.

“We suffered terribly five or six years ago. Most of us lived in great fear and our responsibilities sometimes failed, but now the tides have changed under the current regime,” says Dr Thomas Hosea, a researcher and human rights activist based in Mwanza.

“While there are still a few obstacles, the current partnership between us and the government makes us see, vividly, the light at the end of the tunnel,” he adds while speaking to The Citizen.

Ms Sophia Robi, a women and children rights’ advocate resident of Tarime in Mara region says female activists suffered horribly from threats even when they went to defend victims of violence in the judiciary.

“As we speak the tides are changing, we are constantly receiving phone calls from departments such as the police and staff of the Ministry of Home Affairs, asking if there are any challenges. In fact, things are going very well and we believe all obstacles will be resolved soon,” she explains.

Recently, THRDC met Mr Simbachawene and deliberated on key areas that they’ll work together to push forward the development agenda.

“President Hassan has demonstrated a willingness to address areas of concern in the part of Human Rights and has been doing so in practice, in theory, while promising further cooperation with human rights stakeholders in the country,” notes Mr Simbachawene.

He adds, “My ministry is delighted to engage with rights activists and will continue to work with them in whatever matters they wish us to co-operate.”

He adds that his ministry will not be tied to any institution that will violate ethics; instead the main task of the ministry will be to get the institution back on track.

With regard to Tanzania’s withdrawal from the African Court, resulting in the failure of individuals and organizations from accessing justice, the minister reveals that there were reasons, but could not be permanent, so talks were ongoing within the government and he believes Tanzania will return again to the Court.

“This court is in Tanzania, it is not very good if we Tanzanians are not part of it. Give us time, the process is ongoing and I am confident it will not be long before decisions are made,” he notes.