TANZANIA THREATENS WITHDRAWAL FROM AFRICAN HUMAN RIGHTS COURT

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Augustine Mahiga, The minister for Justice and Constitutional Affairs, said yesterday that reports that Tanzania had withdrawn its AfCHPR membership were untrue, noting that the country was only asking for a review of a protocol it believes is contentious.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“We have not withdrawn our membership, but there is one protocol in the operations of the court which is contrary to Tanzania’s laws.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 14^th November 2019, says that “The government of United Republic of Tanzania has decided to withdraw the declaration it made on the 9^th 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