By Our Staff Reporter, Dar es Salaam TANZANIA
The government of Tanzania is asking the African Court on Human
and Peoples’ Rights (AfCHPR) to withdraw a protocol it views as contentious, key
minister has revealed.
Augustine Mahiga, The minister for
Justice and Constitutional Affairs, said yesterday that reports that Tanzania
had withdrawn its AfCHPR membership were untrue, noting that the country was
only asking for a review of a protocol it believes is contentious.
“The decision to withdraw our membership will only
come after they fail to change the protocol that is contentious in the court’s
operations,” he said without stating the particular protocol.
Mahiga said the government has
written to the AfCHPR, asking the court to withdraw the protocol, which he said
was in contravention with Tanzania’s laws.
The court is based in Arusha Tanzania.
“We have not withdrawn our
membership, but there is one protocol in the operations of the court which is
contrary to Tanzania’s laws. What we have done is to write to the court so that
it can change the protocol…We are waiting for the changes which when proved
difficult then we will have to withdraw our membership,” he said.
In a notice signed by Minister for Foreign
Affairs and East African Cooperation, Palamagamba Kabudi on 14th
November 2019, says that “The government of United Republic of Tanzania has
decided to withdraw the declaration it made on the 9th March 2010
under article 34 (6) of the protocol of the African Charter on the
Establishment of an African court on Human and Peoples’ Rights for review.”
Kabudi said that the decision has
been reached after the declaration has been implemented contrary to the
reservations submitted by the United Republic of Tanzania when making its
declaration. “Therefore, this serves as an official notice of withdrawal by the
United Republic of Tanzania.” He said.
The AfCHPR was established by
African countries to ensure the protection of human and peoples’ rights in
Africa. It complements and reinforces the functions of the African
Commission on Human and Peoples’ Rights.
The court was established by virtue
of Article 1 of the Protocol to the African Charter on Human and Peoples’
Rights on the Establishment of an African Court on Human and Peoples’ Rights as
adopted by Member States of the then Organisation of African Unity (OAU) in
Ouagadougou, Burkina Faso, in June 1998.
The Protocol came into force on 25
January 2004. So far, nine out of the 30 states
Parties to the Protocol had made the declaration recognising the competence of
the Court to receive cases from NGOs and individuals.
The nine states are Benin, Burkina
Faso, Côte d’Ivoire, Gambia, Ghana, Mali, Malawi, Tanzania and Tunisia.
The court has jurisdiction over all
cases and disputes submitted to it concerning the interpretation and
application of the African Charter on Human and Peoples’ Rights, the Protocol
and any other relevant human rights instrument ratified by the States
concerned.
Specifically, the Court has two
types of jurisdiction: contentious and advisory.
Since Magufuli’s election in 2015, Tanzania
has implemented laws that stifle independent journalism and severely restrict
the activities of NGOs and opposition parties.
Civil society activism and public
discussions on human rights-related issues have also been suppressed, while the
authorities’ “regressive” policies have restricted the playing field for those
seeking to challenge the ruling party. - Africa
No comments:
Post a Comment