Tanzania: Silencing Dissent – Arrests of Port Deal Critics Raise Concerns

Tanzania: Critics of Port Deal Arrested

Respect Freedom of Expression, Right to Protest

In recent months, Tanzania has seen a concerning crackdown on critics of a port agreement that would give a logistics company controlled by the Emirate of Dubai in the United Arab Emirates control of major Tanzanian ports. According to Human Rights Watch, at least 22 people, including protesters and activists, have been detained or threatened since June 10, 2023, after criticizing the Tanzania National Assembly’s ratification of the agreement. These actions raise serious concerns about Tanzania‘s commitment to freedom of expression and the right to protest.

According to Oryem Nyeko, Tanzania researcher at Human Rights Watch, the Tanzanian government’s suppression of its critics is a troubling sign of its low tolerance for dissenting views. Instead of silencing critics, the government should respect the right to freedom of expression and assembly, and listen to their concerns.

A Controversial Port Agreement

In October 2022, the Tanzanian government entered into an “intergovernmental agreement” with the Emirate of Dubai aimed at developing, improving, managing, and operating sea and lake ports in Tanzania. Critics of the agreement argue that it grants excessive control of Tanzania‘s ports to a foreign entity, violating both Tanzanian and international law. They also highlight concerns that the agreement does not provide sufficient time for public input and lacks transparent decision-making processes.

Crackdown on Protesters and Critics

Since the ratification of the agreement, Tanzanian authorities have cracked down harshly on protesters and activists who have voiced their opposition. These actions include arrests, detentions, and threats, which have created a climate of fear among those who dare to speak out.

For example, on June 19, 18 people were arrested and detained for two days during a protest in Dar es Salaam. On July 10, lawyer and activist Dr. Rugemeleza Nshala was ordered to report to the police for investigations into remarks he made on social media criticizing the deal. Nshala fled Tanzania after receiving death threats. Another lawyer, Boniface Mwabukusi, and opposition politician Mdude Nyagali were summoned by the police and subsequently arrested for protesting the agreement during a news conference. Mwabukusi went into hiding for three days due to death threats.

The arrests and detentions of these individuals, along with the filing of professional misconduct allegations against Mwabukusi, highlight the government’s use of legal mechanisms to suppress dissent and discredit critics of the port agreement.

Tanzania‘s Human Rights Record

Tanzania‘s human rights situation, particularly regarding freedom of expression and association, has been in decline since President John Magufuli came to power in 2015. Laws such as the 2015 Cybercrimes Act and the 2016 Media Services Act have been used to censor opposition politicians, journalists, and activists who criticize the government. The situation worsened during the October 2020 general elections, with increased restrictions and arbitrary arrests of opposition party leaders and supporters.

While President Samia Suluhu Hassan, who took office after Magufuli’s death, has made some positive steps towards addressing human rights concerns, there is still much work to be done. The government should not slide back into the repressive practices of the past. It must review and amend laws that restrict freedom of expression and association, ensuring that Tanzanians can exercise their rights without fear of reprisals.

Editorial: Protecting Freedom of Expression in Tanzania

The recent arrests and harassment of critics of the port agreement in Tanzania underscore the urgent need for the government to respect and protect freedom of expression and the right to peaceful protest. These fundamental rights are essential pillars of any democratic society and should be upheld by all governments committed to the rule of law.

The actions taken by Tanzanian authorities to silence dissenting voices only serve to undermine the legitimacy of the port agreement and raise broader concerns about the country’s commitment to human rights. It is crucial for the government to engage in an open and constructive dialogue with its citizens, addressing their concerns and ensuring transparency in decision-making processes.

Tanzania‘s constitution guarantees the right to freedom of expression and association, in line with international human rights standards. The government must not only uphold these constitutional rights but also take steps to repeal or amend repressive laws that stifle dissent and muzzle the media. Protecting freedom of expression is not only a legal obligation but also a vital component of a thriving democracy that values diverse opinions and fosters public participation.

We call on President Samia Suluhu Hassan’s government to end the arbitrary arrests and detentions, drop the charges against those who have been targeted for their criticism of the port agreement, and ensure their safety. Furthermore, we urge the government to conduct a thorough and independent review of the port agreement, taking into account the concerns raised by citizens and experts.

By promoting an environment that respects freedom of expression, Tanzania can foster sustainable development, attract foreign investments, and build strong partnerships with its citizens and the international community based on transparency and accountability.

Advice for Tanzania‘s Government

As Tanzania moves forward with the management of its ports, it is crucial for the government to prioritize the protection of freedom of expression and the right to peaceful protest. This will not only contribute to a more inclusive and democratic society but also enhance Tanzania‘s reputation as a responsible international partner.

To achieve this, we offer the following recommendations to the Tanzanian government:

1. Respect Human Rights

The government should demonstrate its commitment to human rights by upholding the freedom of expression and assembly rights enshrined in the Tanzanian Constitution. This includes refraining from arresting, detaining, or harassing individuals for peacefully expressing their views or participating in peaceful protests.

2. Review and Amend Repressive Laws

Tanzania should review and amend laws that restrict freedom of expression, including the 2015 Cybercrimes Act and the 2016 Media Services Act. These laws should be brought in line with international human rights standards and ensure that individuals can exercise their rights without fear of reprisal.

3. Engage in Dialogue

The government should actively engage in an open and constructive dialogue with citizens, civil society organizations, and experts to address their concerns and seek input on matters of public interest, such as the management of Tanzania‘s ports. This will help foster transparency, accountability, and public trust.

4. Ensure Security and Safety

The government should take immediate steps to ensure the security and safety of individuals who have been targeted for their criticism of the port agreement. This includes dropping all charges against those who have been arrested and detained, providing appropriate protection measures, and investigating any threats made against them.

5. Transparency and Public Participation

Tanzania should ensure transparency in decision-making processes, particularly those related to major agreements and projects with significant national implications. This includes providing adequate time for public input and consultation, conducting thorough impact assessments, and sharing relevant information with the public.

By taking these steps, the Tanzanian government can demonstrate its commitment to human rights, strengthen democratic principles, and build a more inclusive and prosperous society for all its citizens.

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