The case discusses the violation of seven Tanzanian citizens’ right to participate in the general elections in Tanzania, after several forms of repression were carried out by different public agents, including the blocking of news outlets and social media apps like Twitter and WhatsApp. The actions of the Tanzanian authorities had the calculated effect of curtailing the rights of the victims, as both candidates and registered voters, to campaign and effectively exercise their rights to participate in the country’s elections.
On July 21, 2020, the National Elections Commission (NEC) and the Zanzibar Electoral Commission (ZEC), which organize and supervise the elections in Mainland Tanzania and Zanzibar, announced that the local, parliamentary, and presidential elections would take place on October 28, 2020. In this context, the Tanzanian government engaged in multiple acts that violated the rights of citizens to take part in the elections of the country. The actions were carried through State agents such as the National Elections Commission (NEC), the Zanzibar Electoral Commission (ZEC), the Tanzania Police Force, the Tanzania Intelligence and Security Service, the Tanzania People’s Defense Force (TPDF), the Tanzania Communications and Regulatory Authority (TCRA), the Tanzania Broadcasting Corporation (TBC), the Zanzibar Broadcasting Corporation (ZBC), the Ministry of Information, Culture, Arts and Sports, the Ministry for Regional Administration and local Government, the Ministry for Regional Administration and the Local Government and Special Forces.
The violations committed by the Ministry of Information, Culture, Arts and Sports, the TCRA, the TBC and the ZBC, include the following:
- TBC and ZBC’s denial of fair coverage of the campaigns of opposition candidates.
- The indefinite revocation of the publication license of Tanzania Daima newspaper on June 23, 2020 and the suspension of two broadcasting networks (Kwanza Online TV and Clouds FM and TV).
- Throttling of telecommunication services, including cellular and internet services, in Mainland Tanzania from October 26, 2020 to November 7, 2020.
- Suspension, for several days, of all telecommunication services, including cellular and internet services, in Pemba, Zanzibar.
- Suspension of Bulk Messaging and Bulk Voice Calling from October 24 to November 11, 2020.
- Blockages and throttling of applications for internet, social media, and electronic commerce, including Twitter, WhatsApp, and others.
- Enactment of the 2020 Electronic and Postal Communications (Online Content) Regulations, that repress online speech, privacy, and access to information.
The violations committed by NEC and ZEC include:
- The unilateral appointment of commissioners to NEC and ZEC by one party.
- Discriminating against the victims on political grounds.
- Other electoral malpractices.
The violations committed by the Tanzania Police Force include:
- Discriminating against the victims through violence and torture, unlawful and arbitrary intimidations, threats, arrests and detentions.
Among the Tanzanian citizens who were victims of these violations, during and immediately after the elections, are Seif Sharif Hamad, Ado Shaibu, Ezekiah Dibogo Wenje, Omar Mussa Makame, Dorah Seronga Wangwe, Enock Weges Suguta, and Kassim Ali Haji.
- Hamad was a Presidential candidate in Zanzibar for the Alliance for Change and Transparency Wazalendo party (ACT Wazalendo party). He was affected by TBC and ZBC’s denial of fair coverage of his campaign.
- Shaibu is the Secretary General of the ACT Wazalendo party. He was affected by TBC and ZBC’s denial of fair coverage of his campaign.
- Wenje was a contestant for a Parliamentary seat of Rorya Constituency.
- Makame was a contestant for the House of Representatives in the Kwahani Constituency.
- Wangwe and Suguta are registered voters in Mainland Tanzania.
- Haji is a registered voter in Zanzibar.
The seven victims filed an application before the African Court on Human and Peoples’ Rights on November 20, 2020. The petition was notified to the Tanzanian State on December 3, 2020. The victims alleged the violation of articles 1, 2, 3(1) and (2), 7(1), 13(1) and (2) of the African Charter on Human and Peoples’ Rights, articles 2(1)(a), (b) and 9(1)(a) and (b) of the Maputo Protocol, and articles 2(3) (a), (b) and (c), 3 and 25 (a), (b) and (c) of the International Covenant on Civil and Political Rights.
One of the initial proposed victims of the case, Seif Sharif Hamad, died on February 17, 2021. Consequently, after some proceedings before the Court, his name was struck off the application and the petition was renamed on May 4, 2021. The case has not been ruled on merits.
During the 2020 general elections in Tanzania, the authorities engaged in several forms of human rights violations and abuses, including killing four people. According to Human Rights Watch, after the election campaigns started in August 2020, the police arbitrarily arrested and detained opposition party leaders and supporters, in addition to suspending television and radio stations, blocking social media and censoring mobile phone communications prior to the election. This repression took place in the context of a systematic crackdown on civic space in the country, which included direct interference with the work of human rights organizations.
Article19 noted that Tanzania’s new president, Samia Suluhu Hassan, has rolled back several measures taken by her predecessor, the late Pombe Magufuli, which undermined civic space. However, there is still a long way to go, because some threats to freedom of expression, association, and assembly are still present, such as laws and policies that are still being used to crack down on critical voices, and ongoing harassment and prosecution of journalists.