IS TANZANIA GOVERNMENT FAKING JOURNALISTS?

By Staff Reporter, ARUSHA Tanzania

The government of Tanzania reiterated that it will continue to cooperate with the United Nations Educational, scientific and Cultural Organization (UNESCO) as well as other organisations in fighting against, and find solutions to all negative challenges that threaten the safety of journalists and other media people including those operating online.

Minister of Information, Culture and Sports, Harrison Mwakyembe, reaffirmed so when opening a five day conference of media stakeholders   to mark International Day to End Impunity Against Journalists in Arusha City.

Restrictions on media freedom have intensified under the 2016 Media Services Act which enhances censorship, violates the right to information and limits scrutiny of government policies and programmes.

Since 2016 the Tanzania government has used the Media Service Act to close, fine and suspend at least six media outlets for publishing reports on allegations of corruption and human rights violations and the state of Tanzania’s economy. The authorities have also used the 2015 Cybercrimes Act to prosecute journalists and activists for social media posts.

Without elaborating on how the government is prepared to upkeep media practitioners’ safety, he said the media has a great responsibility to ensure the life of a journalist is safe and stressed that the safety of these professionals begins in the newsroom.

“We as government recognise the importance of the media, as the media enables the world to know what we say and what we want. The media must also recognize they are accountable in instilling respect in the media sector and to protect the journalist.” He said.

Responding to one of the resolutions of the 2018 meeting that called on the government to establish the coverage professionally and by law on freedom of expression and to accede to the authority of the African Court of Justice on human rights as well as rights of journalists, Mwakyembe explained that Tanzania is among seven African countries which have already ratified the protocol.

UNESCO representative Tirso Dos Santos, reading a message from UN Secretary General Antonio Gutteres said press freedom is important as it informs and educates people, prop up democracy which is important in realizing sustainable development.

Quoting the UN boss, Dos Santos said when journalists are targeted, the society in general suffers. “Without the ability to protect journalists our ability to receive information and our ability to give decisions are greatly impeded.”

The upcoming November 2019 local elections and October 2020 general elections in Tanzania will take place in a climate of mounting fear with growing restrictions on the rights to freedom of expression, association and peaceful assembly.

Minister of Information, Culture and Sports, Harrison Mwakyembe

Since President John Magufuli took office in November 2015, the state has applied a raft of repressive laws restricting the rights of opposition politicians, human rights defenders, activists, researchers, journalists, bloggers and other online users.

Cumulatively, the application of these laws has had a chilling effect on the rights to freedom of expression, association and peaceful assembly, with people’s censoring actions perceived as critical of government for fear of prosecution or other reprisals.

In July 2016, the civic space in the country closed rapidly after President John Magufuli announced a blanket ban on political activities until 2020, with many lawyers saying that the ban has no basis in Tanzanian law. The ban has also been selectively applied against opposition parties.

Since it was instituted, several opposition politicians have been arrested and prosecuted on trumped-up charges in politically motivated trials. In January 2019, Tanzania’s National Assembly amended the Political Parties Act ushering in wide-ranging restrictions on the rights to freedom of association and peaceful assembly.

Since 2018, Tanzania’s government has also brought in sweeping powers to police the internet. The Electronic Postal Communications (Online Content) Regulations enacted in March 2018 broadly restricts online content, requires bloggers to register and permit surveillance of cybercafés without judicial oversight. Together with the 2015 Cybercrimes Act, which criminalizes publication of “false” information, these laws undermine privacy of internet users and stifle freedom of expression.

The country’s government has also sought to control independent research and public access to independent statistical information through the 2015 Statistics Act, creating a dangerous regime of denying citizens anything but a “state-sanctioned truth” While amendments to this law introduced in 2019 remove criminal liability for publishing non-official statistics, the  authorities still maintain control on who can gather and disseminate statistical information and determine what is factual and false.

Heavy court fines, bail and bond terms for individuals arrested under many of these laws disproportionately affect poor and marginalized people. The Media Services Act, for example, criminalizes “false news” and “rumours” under sections 50 and 54 by creating the offence of “publication likely to cause fear and alarm” punishable with a fine of 10,000,000 to 20,000,000 Tanzania shillings (between 4,350 to 8,700 USD). The minimum fine is over four times Tanzania’s 2018 per capita income.

Tanzanian government has also repeatedly refused to comply with national and regional courts decisions, including three East African Court of Justice (EACJ) judgments on violations of the rights to freedom of expression and information.

The government’s failure to respect and obey such judgments leaves people without recourse for the authorities’ repressive actions.

Beyond arbitrary suspension and threats, journalists in Tanzania have also faced arbitrary arrests, prosecutions and in one extreme case, enforced disappearance.

Disappeared investigative journalist, Azory Gwanda

Minister of Foreign Affairs, Palamagamba Kabudi, told the BBC on 11 July 2019 that investigative journalist, Azory Gwanda, who disappeared in mysterious circumstances in November 2017, was dead. He said, “[…] the state is dealing with all those who have unfortunately died and disappeared in Rufiji... it was very painful for someone who was doing his job to pass on.” Later that day, Kabudi retracted his statement.

Systematic interference with the rights to freedom of expression, information, association and peaceful assembly continue to have a chilling effect on the political opposition, media outlets, journalists and bloggers.

People are now denied their rights to seek, receive and impart information.

Poor and marginalized people stand to pay the greatest price for dissent through heavy court fines, bail and bond terms for people arrested under many of these new repressive laws.