The Tanzanian government has revoked the rights of its citizens and non-governmental organizations (NGOs) to directly file cases with the African Court on Human and Peoples’ Rights (ACHPR).
On 14 November 2019, the country’s Minister of Foreign Affairs signed the notice of withdrawal in accordance with Article 34(6) of the African Court Protocol. Experts say that this is a major setback for the human rights court that could restrict people from getting justice for human rights abuses.
Since the ACHPR’s establishment in 2004, individuals and NGOs have brought the highest number of cases against the Tanzanian government, resulting in the Court delivering the most judgments against Tanzania as well. In general, individuals can only file cases with the Court if their country has signed an optional declaration agreeing to accept the Court’s jurisdiction. Only nine countries in Africa have done so–one of which was Tanzania.
INTERNATIONAL REACTION TO TANZANIA’S WITHDRAWAL
Amnesty International's Africa Advocacy Coordinator, Japhet Biegon, responded to the decision saying that it undermined the regional court’s authority and legitimacy. He called it "an outright betrayal of efforts in Africa to establish strong and credible regional human rights bodies that can deliver justice and accountability."
The government’s decision to withdraw comes against a backdrop of criticism of the current government’s policies as repressive, particularly against the media, human rights workers, and opposition parties. Two reports in particular were at the forefront of condemning President Magufuli’s government: one by Amnesty International, “The price we pay: Targeted for dissent by the Tanzanian State,” and another by Human Rights Watch, “As long as I am quiet, I am safe: Threats to Independent Media and Civil Society in Tanzania”. Both reports’ findings were similar, stating that the current government has enforced a string of legislation which has “disembowelled the country’s human rights framework,” with arbitrary arrests and threats to deregister NGOs becoming the norm.
Oryem Nyeko, Africa researcher at Human Rights Watch, wrote that “the regressive policies and actions of the authorities have stifled the media, sown fear among civil society, and restricted the playing field for political parties in the lead-up to elections. With only a year to go, this government needs to reverse these patterns of abuses and demonstrate a genuine commitment to the rights to freedom of expression, association and peaceful assembly as protected in the constitution and under human rights treaties to which Tanzania is a state party.”
THE ACPHR IS MEANT TO HOLD ACCOUNTABLE AFRICAN MEMBER STATES FOR HUMAN RIGHTS VIOLATIONS
The aim of the African Court on Human and People’s Rights is to adjudicate whether a state has violated fundamental human rights enshrined in the African Charter on Human and People’s Rights as well as other human rights instruments. The comprehensive charter includes the right to education, to freedom of expression, and participation in government, amongst others. Only 30 out of the African Union’s 55 members have accepted the Court’s jurisdiction.
The African Union reported receiving Tanzania’s notice of the withdrawal on 21 November 2019. Tanzania is only the second state, after Rwanda, to revoke the right of its citizens and NGOs to directly access the Court.
Co-founder of Human Rights Pulse, Aqsa enjoys channeling her inner-journalist and frequently writes about domestic and international human rights issues.