Introduction
The rule of law is a fundamental principle of governance, ensuring that all individuals and institutions, including the state, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. In the context of Tanzania, a nation that has undergone significant political and social transformations in recent years, adherence to the rule of law remains a subject of intense debate. This essay examines whether Tanzania has upheld the rule of law over the past seven months (from March 2023 to October 2023), focusing on reported events and cases such as the October 29 riots and killings, network shutdowns, the denial of border crossing to John Heche, abductions, delays in justice for Tundu Lissu, the banning of political parties, and restrictions on freedom of movement and religion. By critically analysing these incidents, this essay argues that while Tanzania has legal frameworks aligned with the rule of law, their implementation and enforcement appear inconsistent, raising significant concerns about democratic governance and human rights protection. The discussion will be structured around key thematic areas, including state responses to dissent, freedom of expression, and access to justice, before concluding with an assessment of the broader implications for Tanzania’s legal and political landscape.
State Responses to Dissent and Public Order
One of the primary indicators of adherence to the rule of law is how a state manages dissent and maintains public order. The alleged October 29 riots and killings, though not widely documented in verifiable academic sources for the specific date within the past seven months, reflect a broader pattern of state responses to protests in Tanzania that merit scrutiny. Reports of excessive use of force by security personnel during protests have been noted in Tanzania over recent years, often under the pretext of maintaining public order. According to a report by Human Rights Watch (2020), Tanzanian authorities have historically used lethal force against protesters, which raises questions about proportionality and accountability. If such events did occur on or around October 29, 2023, they would align with this pattern, suggesting a potential violation of the rule of law principle that requires state actions to be proportionate and lawful.
Furthermore, the issuing of a state of emergency by the police, as mentioned in the essay prompt, could indicate an attempt to bypass regular legal processes. While emergency measures are permissible under international law in times of genuine crisis (as outlined in the International Covenant on Civil and Political Rights), they must be temporary, necessary, and subject to oversight (United Nations, 1966). Without specific, verifiable details on the context or duration of such a declaration in Tanzania during the specified period, it is difficult to evaluate its legality fully. However, the lack of transparency surrounding these measures, as implied by the prompt, suggests a potential erosion of accountability, a core tenet of the rule of law.
Freedom of Expression and Network Shutdowns
Freedom of expression, a cornerstone of democratic governance, appears to be under threat in Tanzania through reported network shutdowns. Internet and communication blackouts have been documented as a tactic used by the Tanzanian government during politically sensitive periods, such as elections. A study by Access Now (2021) highlights Tanzania’s history of internet shutdowns, which contravene international standards on freedom of expression as enshrined in Article 19 of the Universal Declaration of Human Rights. If network shutdowns occurred within the past seven months as suggested, this would represent a deliberate restriction on citizens’ ability to access information and communicate freely, undermining the rule of law by limiting accountability and transparency.
Moreover, such actions often lack judicial oversight or public justification, further departing from legal norms. The principle of legality within the rule of law demands that any restriction on rights must be based on clear, accessible laws and subject to independent review (Bingham, 2010). The absence of such mechanisms in the case of network shutdowns in Tanzania indicates a significant gap between legal theory and practice, raising doubts about the state’s commitment to upholding fundamental rights.
Access to Justice and Individual Cases
Access to justice is another critical component of the rule of law, yet several individual cases highlighted in the prompt suggest systemic challenges in Tanzania. The arrest of John Heche, allegedly denied border crossing in Arusha, arrested in Dar es Salaam, and transported to Dodoma without traceable records, points to procedural irregularities. The rule of law requires that arrests and detentions follow due process, including the right to be informed of charges, access to legal representation, and transparent documentation (Bingham, 2010). While specific details of this case could not be verified within the time frame, such actions, if true, would contravene these principles, indicating potential abuse of power by authorities.
Similarly, the delay of justice for Tundu Lissu, a prominent opposition figure who has faced significant legal and political challenges, including an assassination attempt in 2017, underscores concerns about judicial independence. Amnesty International (2020) has reported on the harassment of opposition leaders in Tanzania, noting delays in legal proceedings as a tactic to suppress dissent. If delays in Lissu’s case persisted into 2023, they would reflect a broader pattern of politicisation of the judiciary, violating the rule of law principle that justice must be administered without undue delay or interference.
Political Repression and Freedoms of Association, Movement, and Religion
The banning of political parties and reported abductions in Tanzania over the past seven months further illustrate potential breaches of the rule of law. Freedom of association, protected under international human rights law, is essential for a functioning democracy. The Tanzanian government’s history of suspending political activities, as documented by Freedom House (2022), suggests a pattern of repression that undermines this right. If political parties were indeed banned recently, this would indicate a continuation of such practices, raising questions about the state’s adherence to legal standards that promote pluralism and political participation.
Additionally, abductions and restrictions on freedom of movement, such as those implied in the prompt, contravene both national and international legal norms. The Tanzanian Constitution (1977, as amended) guarantees freedom of movement, yet reports of enforced disappearances and arbitrary detentions persist (Human Rights Watch, 2021). Similarly, any restrictions on freedom of religion, if occurring within the specified period, would violate constitutional and international protections. While specific events could not be independently verified for the past seven months, the consistent documentation of such issues by credible sources suggests a systemic failure to uphold the rule of law.
Conclusion
In conclusion, the analysis of reported events in Tanzania over the past seven months, including potential riots, network shutdowns, individual cases of procedural irregularity, and broader restrictions on fundamental freedoms, suggests significant challenges to the rule of law. While Tanzania possesses a legal framework that, in theory, aligns with principles of legality, accountability, and justice, the practical application of these laws appears inconsistent. State responses to dissent often lack proportionality, restrictions on expression and association undermine democratic governance, and delays in justice alongside procedural irregularities erode public trust in legal institutions. Indeed, these issues reflect a broader tension between state power and individual rights, a dynamic that requires urgent attention from both national policymakers and international observers. The implications of these findings are profound, as sustained departures from the rule of law risk deepening political instability and alienating citizens from the state. Therefore, for Tanzania to strengthen its democratic credentials, it must prioritise transparent, accountable governance and ensure that legal protections are not merely theoretical but actively enforced. Future research should focus on gathering primary data on specific incidents to further substantiate these claims, while policymakers must work towards institutional reforms that safeguard human rights and judicial independence.
References
- Access Now. (2021) Tanzania: Internet Shutdowns During Elections. Access Now.
- Amnesty International. (2020) Tanzania: Opposition Leaders and Activists Targeted. Amnesty International.
- Bingham, T. (2010) The Rule of Law. Allen Lane.
- Freedom House. (2022) Freedom in the World 2022: Tanzania. Freedom House.
- Human Rights Watch. (2020) Tanzania: Repression Ahead of Elections. Human Rights Watch.
- Human Rights Watch. (2021) Tanzania: Enforced Disappearances and Arbitrary Detentions. Human Rights Watch.
- United Nations. (1966) International Covenant on Civil and Political Rights. United Nations.
(Note: Some specific incidents mentioned in the prompt, such as the October 29 riots, John Heche’s case, and events within the exact seven-month period of March to October 2023, could not be verified through accessible, high-quality academic sources at the time of writing. Where direct evidence is unavailable, the analysis relies on documented patterns and historical context from credible sources to draw reasoned conclusions. If the student has access to primary or localised reports, these should supplement this analysis for greater specificity.)
