Mpango tells rights court to respect members' sovereignty

Arusha. Tanzania has advised the African rights court to avoid encroaching on the sovereignty of member states

Vice President Dr Phillip Mpango said of late the pan-African judicial organ has been issuing orders which were “out of context.”

He said it was because of such “glitches” that some countries have withdrawn from some key provisions of the Court on Human and People’s Rights (AfCHPR) based in Arusha.

Dr Mpango who was opening the Court’s Judicial Year 2023 cited the growing list of withdrawals from the Court’s Declaration on Non-governmental Organizations (NGOs), saying it was precisely due to the anomaly.

The declaration which falls under Article 34 (6) of AfCHPR Protocol allows NGOs and individuals to file cases directly before the legal facility.

“Some countries have withdrawn from the Court’s NGOs Declaration. It is imperative for the Court to abide by its mandate,” he said.

Much as Tanzania supported the mandate of the Court, it was keen to see ‘glitches’ hindering its acceptability among nations addressed, according to Dr Mpango.

The VP said Tanzania will continue to honour the host agreement and was committed to preserve the Court “so as to further integration of jurisprudence”.

Despite reservations on the contentious Declaration on NGOs and individuals, therefore, Tanzania attaches great importance to the work of the Court.

Tanzania withdrew from the Declaration under Article 34 (6) of the AfCHPR in November 2019, citing a number of inconsistencies.

It joined Rwanda, Cote d’Ivoire and Benin in ditching the controversial clause. Only six countries - Tanzania not among them - remain signatories to the provision.

The official version of the pull out was that the provision (Declaration) had been implemented “contrary to the reservations it (the Court) submitted when making this Declaration”

Tanzania’s withdrawal from the Declaration raised concerns from within and outside the country not only because Tanzania was a host nation but also it seemed to put its commitment to human rights in question.

Ever since there had been pressure on the country to reverse the decision from both the Arusha-based judicial organ and other interested parties.

President Samia Suluhu Hassan opened up on the matter for the first time in November last year at a lawyers’ conference.

She admitted that the government was under pressure from various quarters to reverse its withdrawal from the Declaration.

However, she urged the Court to give the government more time to look afresh on the pros and cons of the issue before making a final decision.

Observers hinted that Tanzania has not been happy with the Court because out of the 270 cases filed before it most of them were from Tanzania “and all of them are against the government”.

Speaking yesterday, the President of the Court, Lady Justice Imani D. Aboud said Tanzania, as a host country, has been very supportive.

“We enjoy a warm relationship with the Tanzania government”, she said, noting that the host country has been instrumental in “enhancing our visibility”.

The former Judge of the High Court of Tanzania said since the judicial organ was established, it had made over 200 rulings and decisions.

However, she castigated countries which are party to the AfCHPR for not implementing the Court’s rulings and decisions, making mockery of justice.

Ambassador Salah Hamad, the head of African Governance Architecture (AGA) at the AU, said the Court deals with economic welfare of people beside political and civil rights.

“Africans do not only deserve political and civil rights but also the right to food, clean water and a spirited fight against poverty and corruption,” he said.