Although the 1977 Constitution guarantees basic human rights and freedoms, the legal framework in Tanzania is not favorable for civil society organizations (CSOs) and civic freedoms. The government has in recent years enacted several laws restricting the freedoms of association, expression, and peaceful assembly. Moreover, the laws provide the executive branch with overly broad discretionary powers; consequently, human rights defenders, journalists, politicians, bloggers, and critics are often subject to criminal charges. These trends have accelerated since 2016 and laws have been adopted speedily and with virtually no meaningful consultation with civil society, the public, and other relevant stakeholders.
The roots of civil society in Tanzania can be traced to the pre-colonial period in Tanganyika in the 1920s. In 1922, for example, the Tanganyika Territory African Civil Servants Association was formed for securing the interests and welfare of indigenous civil servants. In addition, mutual cooperative movements and pastoralist movements were established to focus on land ownership and security. These movements eventually led to the formation of the associations that fought for the country’s independence in 1961. CSOs rose to further prominence in the 1980s after the government began to privatize and downsize the public sector under structural adjustment programs of the IMF and World Bank. These structural adjustment programs sought to strengthen CSOs’ ability to promote accountability and counter corruption.
Currently, the civil society sector is comprised of non-governmental organizations (NGOs), associations, trustees, trade unions, community-based organizations, faith-based organizations, societies, and professional associations. In Tanzania, CSOs are classified into three entities: NGOs, Trustees. and Societies. These entities are further regulated by different government institutions, departments or ministries under the auspices of different laws.
The number of CSOs increased rapidly after the country shifted to multi-party governance in 1992. Moreover, the existence of strong and powerful religious institutions that channeled their social services to rural areas also played a role in the acceptance and recognition of CSOs by the communities they served. Before the enactment of the NGOs Act in Tanzania. CSOs were registered under the Society Act, The Company Law Act and Trustee Act.
Trustees are regulated by Trusteeship Incorporation Act Cap.318 through the Administrator-General under the Ministry of Constitution and Legal Affairs. “Trust” as per section 1A of the Trustees Incorporation Act is defined to mean “a legal relationship created by personal acts, by an order of the court or operation of the law.” Meanwhile, societies are regulated by the Societies Act Cap.337 through the Registrar of Societies under the Ministry of Home Affairs. Before the 2019 amendments, some CSOs used to be registered as companies limited by guarantee. As defined under S.2 of the Act (Act Cap.337 R.E 2019), a society is “a non-partisan and non-political association of ten or more persons established for professional, social, cultural, religious, or economic benefits or welfare of its members, formed and registered.” In 2001, the government formulated and adopted the NGO Policy thats aimed at bringing all different segments of the civil society sector together.
Eventually, in 2002, the NGO Act was enacted. Since then, CSOs have generally been recognized as an important sector in promoting democracy, good governance, and development in Tanzania. NGOs are regulated by the NGOs Act No. 24 R.E 2019 (as amended) through the Registrar of NGOs, who is appointed by the President under section 3(1) thereof and overseen by the Ministry of Community Development, Gender, and Special Groups.
Sources: CIA World Factbook and World Banks
* Category includes ratification, accession, or succession to the treaty
ARTICLE 3.-(1) The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy.
ARTICLE 9. The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring
(a) that human dignity and other human rights are respected and cherished;
(b) that the laws of the land are upheld and enforced;
(c) that activities of the Government are conducted in such a way as to ensure that the national wealth and heritage are harnessed, preserved and applied for the common good and also to prevent the exploitation of one person by another;
(d) that the national economy is planned and promoted in a balanced and integrated manner;
(e) that every person who is able to work does work, and work means
any legitimate activity by which a person earns a living;
(f) that human dignity is preserved and upheld in accordance with the
spirit of the Universal Declaration of Human Rights;
(g) that the Government and all its agencies accord equal opportunities to all citizens, men and women alike without regard to their colour,
tribe, religion or station in life;
(h) that all forms of injustice, intimidation, discrimination, corruption, oppression or favouritism are eradicated;
Article 18 protects the right to freedom of expression: “Every person –
Article 20 protects the rights to freedom of association and assembly: “Every person has a freedom, to freely and peaceably assemble, associate and cooperate with other persons, express views publicly and to form and join with associations or organisations formed for purposes of preserving or furthering his beliefs or interests or any other interests.” It also states that “It shall be unlawful for any person to be compelled to join any association or organization, or for any association or any political party to be refused registration on grounds solely the ideology or philosophy of that political party.” It includes limits on this right for “political entities,” however.
Article 21 protects the right to participate in public affairs: “. . . every citizen of the United Republic is entitled to take part in matters pertaining to the governance of the country, either directly or through representatives freely elected by the people, in conformity with the procedures laid down by, or in accordance with, the law.” It goes on to state that “Every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his well-being or the nation.”
ARTICLE 26. Duty to Abide and Protect the Constitution
(1) Every person has the duty to observe and to abide by this Constitution and the laws of the United Republic.
(2) Every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection of this Constitution and the laws of the land.
If you are aware of any pending legislative or regulatory initiatives that affect civic freedoms in Tanzania, please write to ICNL at ngomonitor@icnl.org.
The legal framework in Tanzania provides for a range of organizational forms for CSOs. These include, among others, societies, trusts, and non-governmental organizations (NGOs).
On June 30, 2019, the Written Laws (Misc. Amendments) Act No. 3 of 2019 (“the Miscellaneous Amendments Act”) took effect in Tanzania. It amends key laws governing civil society – namely, the Non-Governmental Organizations (NGO) Act, the Societies Act and the Companies Act.
An NGO is defined under section 2 of the NGO Act, 2002, as amended by section 29 of the Miscellaneous Amendments Act:
‘Non-Governmental Organization’ also known by its acronym ‘NGO’ and which includes Community Based Organisation (CBO) means a voluntary grouping of individuals or organizations which is non-partisan or non-profit sharing established and operates for the benefit or welfare of the community or public organized at the local, national or international levels for the purpose of enhancing or promoting economic, environmental, social or cultural development or protecting environment, good governance, law and order, human rights, and lobbying or advocating on such issues; but does not include:
The Ministry of Community Development, Gender, Women and Special Groups maintains a public database of registered NGOs on its website.
A society is defined under section 2 of the Societies Act, as amended by section 35 of the Miscellaneous Amendments Act:
“Society” means a non -partisan and non -political association of ten or more persons established for professional, social, cultural, religion or economic benefits or welfare of its members, formed and registered as such under this Act, but does not include –
(a) a company formed and registered under the Companies Act;
(b) a trust formed and registered under the Trustees’ Incorporation Act.
This country note will focus predominantly on NGOs.
NGOs in Tanzania are not automatically exempted from paying taxes. Rather, under the Income Tax Act, 2004, they must apply to the Commissioner-General of the Tanzania Revenue Authority for recognition as a charitable organization. Section 64(8) of the Act states, “For the purposes of this section, “charitable organisation” means a resident entity of a public character that satisfies the following conditions: (a) the entity was established and functions solely as an organisation for: (i) the relief of poverty or distress of the public; (ii) the advancement of education; or (iii) the provision of general public health, education, water or road construction or maintenance; and (b) the entity has been issued with a ruling by the Commissioner under section 131 currently in force stating that it is a charitable organisation or religious organization.”
Public participation is protected by the Constitution, which provides for the right to vote (art. 5(1)), the right to freedom of expression (art. 18), the right to freedom of association (art. 20), and the freedom to participate in public affairs (art. 21). In addition, a number of laws speak to the right:
Furthermore, the Elections (Presidential and Parliamentary Elections) Regulations of 2010 and the Local Government (Election of Councilors) Regulations of 2020 contain provisions relevant to the right to public participation. In addition, with regard to environmental impact assessments specifically, Section 46 of the Environmental Management Act No. 20 of 2004 provides for public participation in preparation of the national environmental action plan, and Regulation 17 of the Environmental Impact Assessment and Audit Regulations GN No. 349 of 2005 provides for public participation. In general, the legal framework protects the participation rights of marginalized groups or those facing discrimination in society, through, for example, the HIV and AIDS (Prevention and Control) Act No. 28 of 2008, Persons with Disabilities Act No. 9 of 2010, and National Policy on Aging of 2003. However, legal and societal discrimination against LGBTQI individuals, and the failure to recognize LGBTQI rights overall, means that the participation rights of LGBTQI individuals and groups are limited in practice, and public participation on LGBTQI issues is restricted. For instance, the government warns against dissemination of online messages and short videos and went as far as threatening to de-register any NGO advocating for LGBTQI rights.
There are some laws that have the effect of restricting participation, as organizations such as Human Rights Watch have recognized and criticized:
The restrictions on public participation tend to fall disproportionately on organizations, journalists, and advocates that deal with rule of law, human rights, and democracy issues, as well as those who criticize the government. There have also been cases where the public participation rights of environmental defenders have been restricted.
To some degree, citizens are indeed aware of opportunities for public participation. Information is shared via online publications on different government websites and through public meetings and workshops. Other means of publications or dissemination are through government gazettes. The President’s Office Public Service Management and Good Governance provides a list of government gazettes, newspapers, and radio and television broadcasts.
All NGOs must register to operate under the NGO Act (NGO Act, Section 11(1)). All NGOs must apply for registration with the Office of the Registrar of NGOs, which is part of the Ministry of Community Development, Gender, Women and Special Groups (Section 11(1)).
Section 12 of the NGO Act, 2002 outlines the process and required documents to apply for registration:
(1) A group of persons who wish to apply for registration of a Non-Governmental Organization shall make application in the prescribed form to the Registrar.
(2) An application for registration shall be submitted by one or more persons, being founder members, which shall be accompanied by:
(a) A copy of the constitution of the Non-Governmental Organization;
(b) Minutes containing full names and signature of founder members;
(c) Personal particulars of the office bearer;
(d) The address and physical location of the head office of the Non-Governmental Organization;
(e) An application fee; and
(f) Any other particulars or information as may be required by the Registrar.
The NGO Act, 2002 authorizes the NGO Coordination Board (Board) to (1) approve and coordinate registration of NGOs; (2) examine annual reports of NGOs; and (3) investigate NGO adherence with their governing documents (NGO Act, Sections 7(1)(a), (c), (d), (f) and (l)). Upon acceptance of the application, the Board directs the Registrar of NGOs to issue a certificate of registration to the applicant.
The Board can refuse to register an organization as an NGO if (1) the activities are not in the public interest or are contrary to any written law; (2) the application contains false or misleading information on any material matter; or (3) the Council has recommended that the NGO not be registered (NGO Act, Section 14). (The Council is the National Council for NGOs, established under the NGO Act as a collective forum of NGOs to coordinate and provide a network for NGOs in Tanzania. (NGO Act, Sections 25(2)-(3), 27, and 28)).
If the Board denies the application, it must provide a reason for the denial within 21 days and the applicant may apply to the Board to review the decision. If the Board upholds the rejection, the applicant may then apply to the Minister of Health, Community Development, Gender, Elderly and Children to evaluate the case. The Minister may either (a) uphold, quash, or alter the decision of the Board; (b) require the Board to revise or review its decision; or (c) require the Board to request additional information from the appellant for further consider the application. The decision of the Minister is final and binding.
NGOs must renew their certificate of registration every 10 years. (NGO Act, Section 17(3)). Applications for renewal of registration must be made 6 months before the expiry date (NGO Act, Section 17(4)).
The registration fees for domestic NGOs are 100,000 Tanzania shillings ($43), while fees are $500 for international NGOs. Similarly, the annual subscription fees for domestic NGOs are 4,000 Tanzania Shillings ($20), while the fees for an international NGO are 60,000 Tanzania Shillings ($30).
Section 2 of the NGO Act, 2002, as amended by the Miscellaneous Amendments Act, limits NGO purposes to “enhancing or promoting economic, environmental, social or cultural development or protecting the environment, good governance, law and order, human rights, and lobbying or advocating for such issues.” Any purpose not covered by this definition is not permitted. NGOs are not permitted to become involved in political platforms or conduct activities that are aimed toward influencing or mobilizing citizens to engage in a certain political party.
In terms of reporting, NGOs must publish two annual reports: (1) the annual activity report (made available to the public, the Council, the Board, and other stakeholders) (NGO Act, Section 29(1)); and (2) the annual audited financial report (submitted to the Council and Board and made available to the public) (NGO Act, Section 29(1)(b)).
In addition to the annual audited financial report, NGOs have financial transparency and reporting obligations under the NGO Act (Amendment) Regulations of 2018:
International NGOs also have additional duties. These include (1) fostering and promoting the capacities and abilities of other NGOs, (2) participating in the activities of the Council; and (3) refraining from acts likely to cause competition or misunderstanding among NGOs (NGO Act, Section 31).
The government has significant powers to monitor NGO activities. The NGO Registrar may conduct monitoring and evaluation of NGO activities on a quarterly basis and report to the Board (NGO Act, Section 4(1)(i)); investigate any matter as required, through collaboration with law enforcement organs (NGO Act, Section 4(A)(1)); and require cooperation from law enforcement and public entities to provide facilities and services of employees deemed necessary to help the Registrar perform its functions (NGO Act, Section 4(A)(2)). Moreover, the relevant Minister may issue guidelines necessary for monitoring and evaluating the operations of NGOs (NGO Act, Section 4(4)).
Regarding sanctions, a person commits an offense if he/she, among others, operates an NGO without registering under the NGO Act (NGO Act, Section 35(1)). In such a case, the person is liable for a fine of up to 500,000 shillings or imprisonment for up to one year, or both a fine and imprisonment (NGO Act, Section 35(1)); and disqualified from holding office in any NGO on mainland Tanzania for a maximum period of 5 years (NGO Act, Section 35(2)).
Regarding involuntary dissolution, the NGO Registrar may suspend the operations of any NGO that violates the provisions of the NGO Act, pending final determination by the Board (NGO Act, Section 4(1)(i)). The Board may suspend or cancel a certificate of registration if the NGO has violated terms or conditions of the certificate of registration; the NGO has ceased to exist; the NGO operates “in variance” to its constitution; or the Council has submitted a recommendation for the suspension/cancellation of the NGO (NGO Act, Section 20(1)).
NGOs have generally been able to collaborate with state bodies, such as the judiciary and parliament, although this has varied depending on the nature of NGOs’ activities and methods.
Article 18 of the 1977 Constitution of Tanzania provides for freedom of expression without exception. Nevertheless, in practice, state agencies implement provisions of certain laws, such as the Police Force and Auxiliary Service Act, 2002, and the Media Services Act, 2016, in ways that undermine the freedom of expression. Several studies and analysis done by THRDC for the past five years indicates many laws were enacted or reviewed deliberately suppress free speech and media rights in Tanzania. Some of these laws include, the Media Services Act, Media Services Regulations, Cybercrimes Act, Electronic and Postal Communications (Online Content) Regulations, Electronic and Postal Communication (Sim-Card Registration) Regulations of 2020, Personal Data Protection Act, Personal Data Protection Regulations, Statistics Act, and Access to Information Act. These reviews, along with analyses from various stakeholders over the years, indicate that freedom of expression in Tanzania is not respected.
According to THRDC, human rights Defenders Civic Space Reports about 1000 HRDs, including journalists, online activists, political activists, and journalists have been affected by the implementation of various laws, including media laws, between 2014 and 2024. On average, at least 30 cases per year of journalists and media outlets are registered and supported by THRDC. These cases are mostly involve arbitrary arrests, unlawful detention, criminal charges on false information, malicious prosecution, and confiscation of work equipment.
The main challenge with these laws are they do not meet international standards on limitations to freedom of expression under international law. This is why most of the lower court decisions on cybercrimes were overturned by the High Court. For instance, in the cases of Bob Wangwe, Abdul Nondo and the East African Court of Justice, it was stated that 14 provisions in the Media Services Act do not meet the international standards. Therefore, there is a need to amend these laws in order to meet international standards.
The following laws have been used to impede the freedom of expression in Tanzania:
The Cyber Crime Act, 2015 criminalizes certain online activities, including the publication of false, deceptive, misleading, or inaccurate information. The Act gives law enforcement broad powers to search and seize electronic equipment. In addition, the Act does not require investigating officers to obtain a warrant before carrying out activities such as surveillance or interception of communications; “reasonable grounds” are sufficient. Procedural safeguards and due process guarantees are also largely left out of the Act. Key terms, including “offences,” are further not clearly defined. The Act also includes a “sedition offence” that carries severe penalties. More generally, its criminal sanctions are highly disproportionate, and it only recognizes a small number of available defenses. The government has prosecuted the independent online activities of bloggers, journalists, and citizens under this law.
The 2024 study by THRDC and East Africa Human Rights Instutute on freedom of expression and media law related cases, indicates that the Cybercrimes Act No. 14 of 2015, and especially Section 16, has often been used in cases involving the publication of false information intended to defame, insult, or mislead. Section 16 was the most frequently cited across numerous cases, including:
The Statistics Act of 2015 made it a crime for people in Tanzania to publish “false official statistics” or to disseminate information that would result in the “distortion of facts.” In 2018, Parliament amended the law to make it a crime to publish statistics without the approval of the National Bureau of Statistics, and to disseminate statistics that “invalidate, distort or discredit” the government bodies’ statistics. In 2019, the Written Laws (Miscellaneous Amendments) Act No. 3 amended the Statistics Act yet again to affirm that every person has a right to collect and disseminate statistical information and removes criminal liability for publishing independent statistics. These law has significantly affected reaserchers and the capacity of CSOs to conduct social and human rights studies by denying them researh permit and also by subjecting unofficial and normal surveys to be scrutinized like scientific research.
The Media Services Act (MSA), 2016 contains vague and ambiguous terminology, such as “false statements,” “rumors,” and “disturbing the public peace.” Among the most problematic provisions is section 58, which gives the Minister of Information, Youth, Culture and Sports “absolute discretion” to prohibit importing a foreign publication. Furthermore, section 59 provides the Minister discretionary powers to prohibit or otherwise sanction the publication of any content that jeopardizes national security or public safety. This section has been used to ban or suspend independent media and has been a key tool in the crackdown on civic space.
The MSA has been criticized for over regulating the media industry in Tanzania. In 2017 THRDC collaborated with the Media Council of Tanzania (MCT) and LHRC to file a public interest case before the East African Court of Justice in Arusha challenging 16 provisions of the Media Services Act, 2016 ( Media Council of Tanzania & 2 Others V. The Attorney General of the United Republic of Tanzania, Reference No. 2 of 2017) Eventually, the East African Court of Justice issued directives in 2019 to the Government of Tanzania that have yet to be fully implemented on amending the 14 provisions of the Media Services Act that were successfully challenged. Even though there is no any case reached in courts of law as the result of this law, this law has significant impact on media freedom in Tanzania,
Section 7 of the Media Services Act still restricts type of news and content without justifiable cause while Section 9 (b) of the Media Services Act empowers the Director of Information Services Department to suspend or cancel license of a media outlet and make him or her complainat, prosecutor and a judge at the same time.
The incoming of President Samia into Power in 2021 provided certain kind of relief to civic space and media from. For instance , n June 13, 2023, Parliament passed amendments to the Media Services Act. The amendments are generally seen as enabling, and include removing criminal defamation offenses, eliminating courts’ power to confiscate media equipment, and increasing media self-regulation and opportunities to earn resources through advertising. Previously, in April 2021, H.E President Samia Suluhu Hassan had lifted the suspension of about 20 media outlets such as Tanzania Daima and Mwanahalisi, Mawio etc. The recent minor ammendemns have failed to remove criminality aspects of some offenses such those in section 35,36,37,38,39, 53, 54 and 40 of the Media Services Act..
The Access to Information Act, 2016, promotes transparency and supports the right of access to information, as guaranteed under Article 18 of the Constitution. However, it also imposes severe penalties for wrongly releasing information to the public. The authorities may also withhold information if its disclosure is deemed likely to, inter alia, undermine Tanzania’s international relations, hinder or cause substantial harm to the government’s management of the economy, or distort records of court proceedings before the conclusion of a case. The scope of “information relating to national security” in section 6 is exceedingly broad, and any person who discloses exempt information can face three to five years in prison.
The Political Parties (Amendment) Act, 2019, regulates political activities and political parties in Tanzania. The Registrar of Political Parties, which regulates the civic education of political parties, has broad leeway to reject the application of any CSO that seeks to provide political and civic education to political parties, as stipulated in section 5(2).
The amendments also include severe penalties for administrative offences. For instance, a political party can be suspended for failing to maintain an updated register of its members or leaders (section 8C(3)), creating fear that political parties may unwittingly contravene the law. In addition, section 5B authorizes the Registrar to request information from political parties, and the failure to honor requests from the Registrar is a criminal offence. Furthermore, the penalties envisioned are disproportionate. For instance, failing to provide any information can result in fines of millions of shillings for both individuals and institutions, or even jail terms. In some cases, parties can be suspended indefinitely or deregistered for these administrative offences.
Another law that has negative implication on media freedom and freedom of expression with a number of litigation the Electronic and Postal Communications (Online Content) Regulations, 2018. The law has been used to impose hefty fines, stern warnings, and even banning of some media houses or outlets against what was translated as unacceptable content contrary to the law regulating online content or non-registration or licenses, for example, in the complaints against Zamampya Online Tv, Radio Free Africa, Jambo TV. For example, Zamampya Tv was ordered to pay a two million fine on the pretext of allowing what was considered inappropriate content.
The Regulations, which were enacted by the Minister of Information under the Electronic and Postal Communications Act 2010, came into effect in April 2018. They allow the government to arbitrarily regulate and ban online content produced by bloggers, citizen journalists, forum administrators, and social media users, as well as content on websites, online television, and radio stations. The Regulations apply to everyone in Tanzania, as well as to Tanzanian citizens living abroad. The Tanzania Communications Regulatory Authority (TCRA) regulates online content and has sweeping powers to remove it. It is also tasked with keeping a register of bloggers, online forums, and online radio and television stations, and can impose significant fines for violations.
The Regulations require all online blogs and forums to register with the TCRA, and registration and licensing are mandatory for any blogging or citizen journalism activity. The initial annual licensing fee was 2,000,000 Tanzanian Shillings ($850), a prohibitively high amount that is equivalent to roughly one-third of the average annual per capita income in Tanzania. However due tot the recent reforms , the annual fees has been reduced to 250 usd. In addition to restricting fundamental freedoms, the law creates a climate of fear for journalists, human rights activists, opposition parties, anyone critical of the government, and social media influencers.
The Electronic and Postal Communications (Online Content) (Amendment) Regulations, 2022 (Amended Online Content Regulations) amend the Electronic and Postal Communications (Online Content) Regulations, 2020, which were published on 17 July 2020 (2020 Online Content Regulations) (both collectively referred to as the Online Content Regulations). These amendments include:
Some of decided cases by TCRA Content Committee
The Tanzania Communication Regulatory Authority. ZamaMpya TV, a licensed online broadcaster, published contentious content on its Twitter page. It was attributed to a noted musician, Selemani Masindi @ Afande Sele who criticized leaders for lack of innovation in public projects linked to increased taxes. The biassed publication was deemed to stir public discontent and misinformation, breaching the broadcasting content regulations stipulated in the Electronic and Postal Communications (Online Content) Regulations of 2020. Zamampya was fined to pay two million shillings.
On September 25, 2019, Watetezi Tv was summoned by the TCRA Content Committee to give explanations for not making available to the users an Online Policy or guideline contrary to Regulation 5(1) (c) of the Electronic and Postal Communication (Online Content) Regulations. watetezi Tv was sentenced to pay fine of Five Million and a warning. Watetezi Tv appealed to the Fair Competition Tribunal and the fine was reduced to Three million.
On May 3, 2017, the Tanzanian government issued a directive through the Minister of Information, Culture, Arts, and Sports, prohibiting radio and television broadcasters from reading detailed content from newspapers, restricting them to read only headlines, to protect the market for printed newspapers. On February 1, 2019, Radio Free Africa was alleged to have violated this directive by reading detailed newspaper content on its program “Good Morning Africa” during the segment “Tuzungumze Magazetini”. The Content Committee found that Radio Free Africa did violate the government directive by reading detailed newspaper content on air. The committee issued a formal warning to Radio Free Africa and instructed them not to repeat the violation.
The laws and policies governing NGOs do not limit or restrict international contact or partnerships that domestic organizations may form with international entities. The government also does not hinder the free movement or travel of NGO representatives into and out of the country.
Regulation 13(b) of the Non-Governmental Organizations (Amendments) Regulations, 2018, requires an NGO that receives more than 20 million Tanzanian Shillings ($8,500) to publish bi-annually the funds received and the costs incurred in raising such funds. This information must be published in widely circulated newspapers and other media channels that are easily accessible to the organization’s beneficiaries. The law also requires all funding contracts to be submitted to the Registrar of NGOs and National Treasury within 14 days from the date of entering into such an agreement.
Tanzania’s legal framework theoretically guarantees freedom of expression, association, and assembly. The Tanzanian Constitution provides for fundamental rights and freedoms, including freedom of expression, assembly, and association. Articles 18, 19, and 20 guarantee these rights, subject to limitations prescribed by law. However, in practice, civic space is affected by several repressive laws such as the Cybercrimes Act, the Media Services Act, the Statistics Act, Penal Code, etc. These laws empower authorities to stifle dissent and limit citizens’ ability to freely express themselves, associate with others, and assemble peacefully.
Article 20(1) of the 1977 Constitution of Tanzania provides for freedom of assembly: Every person has a freedom, to freely and peaceably assemble, associate and cooperate with other persons, and for that purpose, express views publicly and to form and join with associations or organizations formed for purposes of preserving or furthering his beliefs or interests or any other interests.
The organization and conduct of assemblies are subject to the rules set forth in the Police Force Act and Auxiliary Service Act, 2002. Article 43 of the Police Force Act requires that anyone organizing an assembly to submit a written notification to the police at least 48 hours in advance of the assembly. The notification must specify the time and place of the assembly; the purpose of the assembly; and “such other particulars as the Minister may … specify.” The Police Force Act authorizes the police to prevent an assembly from taking place if such assembly “breaches the peace or prejudices the public safety or the maintenance of peace and order.” (Article 44) The Police Force also defines an “unlawful assembly” to be “[a]ny assembly or procession in which three or more persons attending or taking part neglect to obey any order for dispersal” when given under the law. (Article 44). In practice, police and security forces have sometimes used excessive force to disperse peaceful protestors.
The Public Order Act (CAP 385 R.E 2002) regulates public gatherings and assemblies in Tanzania. While it provides for the right to peaceful assembly, it also imposes restrictions and requires organizers to obtain permits from authorities. The requirement for permits has been used to suppress legitimate gathering in Tanzania.
Penal Code (CAP 16 R.E 2022) includes provisions that criminalize defamation, sedition, and publication of false information. These provisions have been used to target journalists, activists, and political opponents critical of the government, stifling dissent, and free speech.
The Prevention of Terrorism Act criminalizes acts of terrorism and provides for measures to combat terrorism in Tanzania. While the Act aims to enhance national security, it has been criticized for its potential to be used against political dissenters and activists.
The scrutiny of Tanzanian legal framework indicates that, Tanzanian laws nominally guarantee freedoms of expression, association, and assembly whilst restricting these fundamental freedoms in Tanzania .
A July 2016 blanket ban on political rallies has been selectively applied against opposition parties whose leaders have faced intimidation, harassment, arbitrary arrest and prosecution on trumped-up charges. Moreover, although there are no procedural requirements for closed or internal meetings, the police have raided opposition parties’ internal meetings, claiming the parties did not follow lawful procedures. These raids have resulted in opposition members being harassed, detained, beaten, and forcibly arrested. After the 2020 general election President Magufuli passed away in early 2021 hence President Samia Suluhu Hassan took over the position of presidency in the country.
On January 3, 2023, President Samia Suluhu Hassan stated at a meeting with political party leaders lifted the longstanding ban on political rallies, which the opposition had been demanding, to create a level playing field ahead of civic elections next year 2025 and local election in 2024. The President directed the police and other security forces to allow parties to hold rallies without undue hassle. “The government’s responsibility is to provide sufficient space for such rallies to be held peacefully regardless of the party’s political affiliation and not to try and obstruct them as political rallies are constitutionally legal,” said President Samia.
Despite this positive progress and political will of the president, there have been instances where political assemblies have been denied. For instance, Tundu Antipas Lissu, a prominent opposition figure and lawyer, was arrested after holding political rallies in Ngorongoro. Lissu defied warnings not to hold a meeting in Ngorongoro and openly criticized the government for evicting Maasai from Ngorongoro and a controversial Dubai Port Deal. The arrest of former ambassador to Tanzania Dk. Wilbrod Peter Slaa, advocate Boniface Mwabukusi, and activist Mpaluka Said Nyagali, who were arrested in August 2023 after calling for non-stop nationwide rallies to oppose the Tanzania-Dubai port deal, has also raised concerns.
Overall, while Tanzania’s constitution provides for freedom of assembly and presidential pronouncements promises fundamental freedoms, the reality on the ground has often been characterized by restrictions, intimidation, and harassment of those seeking to exercise this right,