Tanzania Protesters Face Heavy Security, Fear Repeat of Deadly Election Violence

Tanzania's legal framework for public assembly, while constitutionally guaranteed, is increasingly constrained by statutory provisions and state practices, leading to a climate of fear for protesters. Recent reports highlight a heavy security presence and official warnings against planned demonstrations, evoking memories of the deadly violence that followed the disputed October 2020 elections. This article examines the delicate balance between the constitutional right to peaceful assembly and the state's broad powers to maintain public order, analyzing how these legal instruments are applied in practice, often resulting in the suppression of dissent and human rights violations. It underscores the challenges faced by legal practitioners in advising clients amidst a backdrop of restrictive laws and a history of forceful crackdowns.

Tanzania is once again at a critical juncture, with reports indicating a significant security buildup and stern warnings from authorities in anticipation of planned protests against alleged government repression. This heightened tension is particularly alarming as it draws parallels to the mass killings and widespread violence that marred the aftermath of the country's disputed general election in October 2020. The prevailing atmosphere underscores a deep-seated conflict between citizens' constitutional right to peaceful assembly and the state's asserted prerogative to maintain public order and national security.

The current situation presents a formidable challenge for legal professionals and human rights advocates in Tanzania. The government's response to dissent, characterized by a heavy police presence and explicit warnings, signals a continuation of a trend where legal mechanisms are often employed to restrict civic space rather than facilitate fundamental freedoms. This article will delve into the legal landscape governing public assembly in Tanzania, examining the constitutional provisions, relevant statutes, and the practical application of these laws, especially in light of the historical context of post-election violence. It aims to provide a comprehensive analysis for practitioners navigating this complex and often perilous environment.

The right to peaceful assembly in Tanzania is enshrined in Article 20(1) of the 1977 Constitution of the United Republic of Tanzania, which guarantees every person the freedom to freely and peaceably assemble, associate, and cooperate with others. This constitutional protection is further reinforced by Tanzania's commitments under international human rights instruments, including Article 21 of the International Covenant on Civil and Political Rights (ICCPR) and Article 11 of the African Charter on Human and Peoples' Rights, both of which recognize the right to peaceful assembly, subject to necessary restrictions provided by law.

However, these constitutional and international guarantees are significantly curtailed by domestic legislation and state practices. The Police Force and Auxiliary Services Act (Cap. 322 R.E. 2023) and the Public Order Act (Cap. 385 R.E. 2023) grant broad powers to the police to regulate and, often, prohibit public gatherings. For instance, organizers are required to notify the police 48 hours in advance, and police possess extensive discretion to deny permission for assemblies deemed likely to cause a breach of peace, prejudice public safety or order, or be used for unlawful purposes. The Police Force Act also classifies an assembly of three or more people who do not obey dispersal orders as an “unlawful assembly.” Furthermore, amendments to the Political Parties Act, such as those in 2019, have broadened the scope of activities considered “political,” thereby increasing restrictions on public assembly.

The context of the October 2020 general elections is particularly relevant. These elections were widely reported to be marred by significant irregularities, internet disruptions, intimidation of journalists, and violence perpetrated by security forces in both mainland Tanzania and Zanzibar. Human Rights Watch and Amnesty International documented numerous instances of unlawful killings, beatings, and arbitrary arrests of opposition leaders and supporters during this period. A commission of inquiry was reportedly established to investigate these killings, but its findings have not been made public, contributing to a pervasive sense of impunity. This history of forceful suppression of dissent casts a long shadow over any new calls for protests, creating a legitimate fear of a repeat of past violence.

The tension between the constitutional right to peaceful assembly and the state's power to maintain public order in Tanzania is evident in the restrictive interpretation and application of relevant statutes. While Article 20(1) of the Constitution guarantees freedom of assembly, the Police Force and Auxiliary Services Act (Cap. 322) and the Public Order Act (Cap. 385) provide the legal instruments for its curtailment. The requirement for police notification, coupled with the broad discretion afforded to law enforcement to prohibit gatherings based on vague criteria such as potential threats to 'public safety or public order,' effectively transforms a notification requirement into a de facto permit system.

In practice, this discretionary power has frequently been used to suppress opposition political activities and critical voices. A ban on political rallies outside election periods, though reportedly lifted in January 2023, has seen continued police dispersal of opposition demonstrations. This selective enforcement disproportionately impacts opposition parties and civil society organizations, while the ruling party often operates without similar constraints. The legal framework, therefore, appears to be weaponized, creating an environment where the exercise of fundamental rights is precarious and subject to arbitrary state intervention.

The use of force by security agencies during protests is a significant concern. Reports from human rights organizations consistently detail instances where police have employed excessive force, including tear gas and live ammunition, resulting in injuries and deaths. The Police Force and Auxiliary Services Act outlines the general powers and duties of police officers, including the use of arms in certain cases, but international standards, such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, require force to be used only when strictly unavoidable and to protect life. The lack of public accountability for past abuses, such as the undisclosed findings of the commission of inquiry into the 2020 election violence, perpetuates a cycle of impunity and undermines public trust.

Furthermore, the government's actions extend beyond physical dispersal and arrests. Internet shutdowns and restrictions on social media platforms have become a recurring tactic during periods of political sensitivity, hindering communication, organizing, and the documentation of human rights violations. The Cybercrimes Act, 2015, and the Electronic and Postal Communications (Online Content) Regulations, 2018 and 2020, have been used to criminalize certain online activities, further stifling freedom of expression and assembly in the digital sphere. These measures collectively demonstrate a systemic approach to limiting civic space, raising serious questions about the compatibility of Tanzania's practices with its constitutional and international human rights obligations.

The current climate in Tanzania, marked by a heavy security presence and official warnings ahead of planned protests, signals a continuing challenge to the fundamental rights of freedom of assembly and expression. For legal practitioners, advising clients on public demonstrations in Tanzania requires a nuanced understanding of the constitutional guarantees, the restrictive statutory framework, and the practical realities of enforcement. The broad discretionary powers granted to the police, coupled with a history of forceful crackdowns and a lack of accountability for past human rights abuses, create a high-risk environment for protesters.

Practitioners must meticulously assess the legal requirements for public assembly, including notification procedures, while also preparing clients for potential arbitrary arrests, use of force, and restrictions on communication. Documenting any human rights violations is crucial for potential legal recourse, although the independence of the judiciary and the effectiveness of accountability mechanisms remain significant concerns. Moving forward, legal professionals should remain vigilant, advocate for reforms that align domestic laws with international human rights standards, and continue to challenge instances of arbitrary state action to protect civic space in Tanzania. The international community and regional human rights bodies also have a critical role to play in monitoring the situation and pressing for adherence to human rights principles.