a. Freedom of Expression, Including for the Press
The constitution provides for freedom of speech but does not explicitly provide for freedom of the press. There were criminal penalties for libel, and authorities used these laws to stifle freedom of expression. Additionally, government attacks on human rights defenders and the arrest of opposition leaders calling for peaceful, democratic protests were restrictions on freedom of assembly and association. These rights have been further severely limited through a number of formal (legislative, regulatory) and informal (executive, government, and police statements) actions. These include the Written Laws (Miscellaneous Amendments) Act, No. 3 of 2020, which curtailed the ability of citizens to bring suit against government legislative or executive action unless an individual can prove the action has affected him or her personally, effectively outlawing public interest litigation.
Freedom of Speech: Public criticism of the government resulted in punitive action in some cases. Authorities used the Cybercrimes Act to bring criminal charges against individuals who criticized the government on a variety of electronic media.
On April 24, journalist Prince Bagenda was arrested for sedition for writing a book tentatively titled Magufuli Personification of Power and the Rise of Authoritarianism. He was detained for six days before being released on bail. His laptop was seized and not returned. He had to report to police headquarters every Monday as a condition of his bail.
On May 29, Zitto Kabwe, leader of the ACT-Wazalendo party, who has frequently been arrested for being critical of the government, was found guilty of sedition and incitement for having made false statements that 100 persons were killed in his home region in 2018 during clashes between herders and police forces. He was released without sentencing under the condition that he not say or write anything potentially seditious for one year.
On July 14, the Registrar of Societies under the Ministry of Home Affairs instructed all societies–specifically religious institutions–to stop engaging in politics, and threatened legal action and deregistration if they did not comply. Minister of Home Affairs Simbachawene also warned that he would not hesitate to deregister religious organizations. At the time, some pointed to this as a way to prevent religious institutions from participating in election observation. However, none of the religious institutions was accredited as observers anyway (see also section 3, Elections and Political Participation). Many religious institutions have viewed election observation as a longtime priority (see also section 1.b., Disappearance).
Freedom of Press and Media, Including Online Media: Independent media on the mainland were active and generally expressed varying views, although media outlets often practiced self-censorship to avoid conflict with the government. The government often utilized COVID-19 as a means to restrict freedom of speech and freedom of expression.
Registering or licensing new print and broadcast media outlets was difficult. Newspaper registration was at the discretion of the registrar of newspapers at the information ministries on both the mainland and Zanzibar. Acquiring a broadcasting license from the Tanzania Communications Regulatory Authority (TCRA) took an estimated six months to one year, and the TCRA restricted the area of broadcast coverage. The TCRA imposes registration and annual fees for commercial and community radio stations which disadvantage the creation and operation of small community radio stations.
On April 13, the TCRA suspended the newspaper Mwananchi’s online license for six months and fined it five million TZS ($2,100) for allegedly violating the Electronic and Postal (Online Content) Regulations of 2018 by publishing false and misleading news. The newspaper had published a video of President Magufuli buying fish at a market, apparently not complying with social distancing and COVID-19 regulations.
On June 23, the Information Services Department, which registers print media, announced it would revoke the Swahili newspaper Tanzania Daima’s distribution and publication license as of June 24. The government alleged Tanzania Daima had violated journalistic ethics and laws, including spreading false information. Tanzania Daima is associated with the opposition politician Freeman Mbowe. The newspaper had just published a front-page article concerning a local bishop who called for peaceful protests to demand an independent electoral commission.
On August 6, the TCRA summoned Mwanza-based Radio Free Africa and demanded an explanation of why Radio Free Africa ran a BBC-produced interview with opposition party CHADEMA presidential candidate Tundu Lissu on July 29 without pursuing the government’s position on some of Lissu’s criticisms. Just days later, new rules were issued that required TCRA approval of all local radio and television outlet agreements with domestic and foreign content providers and required TCRA presence at meetings between foreign and domestic media representatives. Local television and radio outlets with existing agreements with foreign content providers were given seven days to comply.
All broadcast stations are required to receive approval from the Tanzania Film Board for locally produced content, including music videos, films, cartoons, and other video content. In June the government passed an amendment to the Films and Stage Plays Act (Amendment 3), providing the Tanzania Film Board with the authority to regulate, monitor and determine if foreign and local motion pictures, television shows, radio shows, and stage performances are approved for exhibition.
The government of Zanzibar controlled content on the radio and television stations it owned. There were government restrictions on broadcasting in tribal languages, and broadcasts in Kiswahili or English were officially preferred. The nine private radio stations on Zanzibar operated independently, often reading the content of national dailies, including articles critical of the Zanzibari government.
Violence and Harassment: Authorities attacked, harassed, and intimidated journalists during the year. Journalists and media outlets frequently self-censored to avoid government retribution.
On July 2, the TCRA Content Committee suspended Maria Sarungi’s Kwanza Online TV platform for 11 months for allegedly generating and disseminating biased, misleading, and disruptive content after reporting on a health alert by an embassy. According to TCRA Content Committee Vice-Chairperson Joseph Mapunda, Kwanza Online TV’s Instagram page posted COVID-19 stories that contradicted the government’s official reporting. Kwanza Online TV submitted a response on July 3 to the Ethics Committee arguing that it is the duty of the government to respond to anything misleading that could be in the embassy’s alert. On July 9, Kwanza Online TV announced its intention to appeal the suspension.
Censorship or Content Restrictions: The law authorizes police to raid and seize materials from newspaper offices and authorizes the minister of information to “prohibit or otherwise sanction the publication of any content that jeopardizes national security or public safety.”
According to Reporters without Borders, after President Magufuli came to office in 2015 the laws regulating media tightened and there have been cases of newspapers and radio stations being suspended for “incitement.” The TCRA publicized a mobile number and email address for the public to use for reporting all misleading information concerning COVID-19, and encouraged citizens to share screen shots of social media groups discussing the pandemic. While combatting the considerable amount of conspiracy theory and misinformation surrounding COVID-19 may have had good intentions, over time the TCRA used the Cyber Crimes Act to punish critics of the government’s handling of COVID-19 and those sharing COVID-19 information contrary to the tightly controlled government information on COVID-19.
In August the government banned all local media outlets from broadcasting foreign content without official permission. The new regulation requires local media organizations to submit their agreements with foreign media outlets to the authority within seven days and prohibits meetings between local and international media representatives without government authorities present. These regulations had a chilling effect on local broadcasts, with Voice of America, BBC, and Deutsche Welle reporting that media outlets throughout the country quickly stopped airing their content, although most stations resumed broadcasting after a week. On August 14, the TCRA announced it was placing four local radio stations (Radio Free Africa, Radio One, Radio Abood, and CG FM Radio) under close monitoring for violating broadcasting regulations after airing the BBC interview with Lissu.
On August 27, the TCRA suspended Clouds TV and Radio operations for seven days for violating television broadcasting regulations when they reported election candidates’ nominations that were uncontested and without certification from the National Electoral Commission (NEC). NEC Director for Elections Wilson Mahera warned media not to report unofficial election nomination results. On September 11, the TCRA banned Watafi FM from broadcasting for 7 days for allegedly broadcasting abusive language.
Authorities require a permit for reporting on police or prison activities, both on the mainland and in Zanzibar, and journalists need special permission to cover meetings of the National Assembly or attend meetings in the Zanzibar House of Representatives. Anyone publishing information accusing a Zanzibari representative of involvement in illegal activities is liable to a monetary fine, three years’ imprisonment, or both. The government may fine and suspend newspapers without warning.
There were examples of the government repressing information, extending to online newspapers and journals. Many government officials did not provide access to information for fear of sharing information that had not been approved by the National Bureau of Statistics. In June 2019 parliament lifted some restrictions on publishing statistical information and removed the threat of prison for civil society groups if they published independent statistical information. The law now allows individuals and organizations to conduct surveys and collect research data; however, Amnesty International stated that under the new law, authorities still maintain control over who is able to gather and publish information, as well as to determine what is factual. While the World Bank stated the amended law was in line with international norms, many observers continued to self-censor because of possible personal and professional repercussions, including the government’s ability to use media services and cybercrime acts against individuals who publish or share data that does not align with the government’s messaging.
Libel/Slander Laws: The law provides for arrest, prosecution, and punishment for the use of seditious, abusive, or derogatory language to describe the country’s leadership. The law makes defamation a criminal act. Defamation is defined as any matter likely to injure the reputation of any person by exposing him to hatred, contempt, or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation.
In May authorities arrested and detained prominent comedian Idris Sultan for eight days before charging him on May 29 with “failure to register a SIM card previously owned by another person” and “failure to report change of ownership of a SIM card.” Police claimed that Idris had used the internet to harass the president after Idris had posted a video of himself laughing at the president in an ill-fitting suit. Amnesty International called the charges “politically motivated” and stated the government was trying to criminalize humor.
On October 2, authorities suspended campaign operations of CHADEMA presidential candidate Tundu Lissu for ethics violations after he reportedly used “seditious language” towards President Magufuli after Lissu accused Magufuli of attempting to rig the October 28 elections.
The government restricted access to the internet and monitored websites and internet traffic. In July the TCRA introduced new categories for online content licenses for news, educational, religious, and entertainment content, which widely expanded the scope of required license holders. The new categories require applicants for online content services, such as bloggers and persons operating online forums, to obtain licenses specifying a category of license depending on the content being offered. In addition, all online content providers must pay application and licensing fees totaling more than two million TZS ($870) in initial costs. Licenses are valid for three years, must be renewed annually for one million TZS ($435), and can be renewed upon expiration. Prohibitive costs led some citizens to stop blogging or posting content on online forums, including international social media platforms.
Under the regulations, internet cafes must install surveillance cameras to monitor persons online. Online material deemed “offensive, morally improper” or that “causes annoyance” is prohibited, and those charged with violating the regulations face a substantial monetary fine or a minimum sentence of 12 months in prison. The law criminalizes the publication of false information, defined as “information, data or facts presented in a picture, texts, symbol, or any other form in a computer system where such information, data, or fact is false, deceptive, misleading, or inaccurate.” Individuals who made critical comments on electronic media about the government were charged under the law, even when remarks reflected opinions or were factually true.
On January 21, police in Dodoma arrested Mugaya Tungu, a second-year student at the University of Dodoma, for cybercrimes. He allegedly posted on social media a photo of a long line of students waiting for water at the university campus.
On April 11, police in Shinyanga arrested Mariam Jumanne Sanane for cybercrimes for allegedly posting false information regarding COVID-19 on social media. On April 14, another person was arrested in Kilimanjaro for alleged cybercrimes after reporting on COVID-19 numbers. As of October, Sanane was awaiting trial.
In the days leading up to the October 28 elections, the internet slowed down and popular social media sites including Twitter, WhatsApp, Facebook, and YouTube were either blocked or rendered unusable, preventing the free flow of information. The TCRA also blocked bulk SMS messaging in the lead-up to the elections until November 11.
Academic Freedom and Cultural Events
In June 2019 parliament passed amendments to the law that previously had required individuals and organizations to obtain permission from the National Bureau of Statistics before conducting surveys, collecting research data, or publicizing results. The amendment removes the threat of prison for civil society groups if they publish independent statistical information. It also states persons have the right to collect and disseminate statistical information, and puts a system in place for persons who want to access or publish national data. (See also section 2.a., Freedom of Press and Media, Including Online Media.) Researchers were still required to obtain permission to conduct and publish research. There was a degree of self-censorship due to the government’s lack of tolerance for criticism.
b. Freedoms of Peaceful Assembly and Association
Freedom of Peaceful Assembly
The government restricted freedom of peaceful assembly, including through bans decreed by authorities but not supported by law. For example, in June 2016 the government banned political parties from organizing political activities and rallies until the campaign schedule for the October 28 elections was announced in August. The government requires organizers of political rallies to obtain police permission. Any organizing of demonstrations or rallies online is prohibited. Police may deny permission on public safety or security grounds or if the permit-seeker belongs to an unregistered organization or political party. The government and police limited the issuance of permits for public demonstrations and assemblies to opposition political parties, NGOs, and religious organizations. The only allowable political meetings are by MPs in their constituencies; outside participants, including party leaders, are not permitted to participate. The government restricted nonpolitical gatherings deemed critical of the government.
Prior to the beginning of the election season in August, the ruling Revolution Party (CCM) was the only party allowed to conduct public rallies on a regular basis. It used the umbrella of the implementing party manifesto to inform members when it was time to register to vote.
The opposition party rallies were not only shut down but police also used teargas to disperse CHADEMA gatherings on numerous occasions. For example, on September 28, police in the Mara region used teargas to disperse a crowd that had gathered to support CHADEMA presidential candidate Tundu Lissu as his motorcade passed by en route to an official campaign event.
On January 14, police briefly detained popular Zanzibar opposition leader Seif Sharif Hamad and questioned him concerning alleged illegal assembly in December 2019. He was later released.
On February 29 in Kilimanjaro, police arrested CHADEMA chairman Freeman Mbowe shortly after his political rally at Nkoromu Hai, for allegedly not obtaining a permit. He was later released.
On June 23 in Kilwa, police arrested ACT-Wazalendo party leader and MP Zitto Kabwe and five others for illegal assembly while they attended an internal party meeting. They were later transferred to Lindi and released on bail. At the end of the year, the case was ongoing.
On July 22, ACT-Wazalendo party representatives reported that police arrested 14 party members in Masasi, Mtwara, for attending an internal party meeting. The meeting was led by ACT Chair Seif Sharif Hamad, who departed the meeting before the arrests.
In the aftermath of the elections, the government arrested opposition leaders in both the mainland and on Zanzibar. On November 1 and 2, several opposition leaders and members were arrested after calling for peaceful democratic protests in opposition to the October 28 elections. Some of those arrested included CHADEMA chairman Freeman Mbowe, CHADEMA presidential candidate Tundu Lissu, ACT-Wazalendo leader Zitto Kabwe, along with other prominent opposition leaders and members throughout the country. The protests never manifested.
On Zanzibar several ACT-Wazalendo leaders, including Zanzibar presidential candidate Sharif Seif Hamad and Deputy Secretary General of Zanzibar Nassor Mazrui were arrested after calling for peaceful protests. Some ACT-Wazalendo leaders were reportedly beaten by police after they were arrested. There were also reports of heavily armed security forces patrolling the streets to stop any protests. In Pemba, the smaller of the two main islands that make up Zanzibar, there were reports of a full security lockdown, with some reports of widespread violence, including gender-based violence. Pemba was also reportedly subject to a complete internet blackout while the lockdown was in place.
Freedom of Association
The constitution provides for freedom of association, and the government generally respected this right. Thousands of NGOs and societies operated in the country. Political parties were required to register and meet membership and other requirements. Freedom of association for workers was limited (see section 7.a.).
According to the Legal and Human Rights Center (LHRC) and the International Center for Not-for-Profit Law, the freedom of association for NGOs has been jeopardized by the law, which reduces the autonomy of NGOs and provides for excessive regulation of the NGO sector. The registrar stated that the process of deregistering underscored the need for NGOs to comply with the law and provide transparency and accountability in their activities. Under existing law, however, the registrar of NGOs is granted sweeping powers to suspend and deregister NGOs, leaving loopholes that could be used to obstruct political opposition and human rights NGOs.
The law makes a distinction between NGOs and societies and applies different registration procedures to the two. It defines a society as any club, company, partnership, or association of 10 or more persons, regardless of its purpose, and notes specific categories of organizations not considered societies, such as political parties. The law defines NGOs to include organizations whose purpose is to promote economic, environmental, social, or cultural development; protect the environment; or lobby or advocate on topics of public interest. Societies and NGOs may not operate until authorities approve their applications.
In May the minister of home affairs stated that from July 2019 to March the Registrar of Societies received 248 registration applications, 156 from religious institutions and 92 from CSOs. The registrar registered 71 applications, three were disqualified as they did not meet the registration criteria, and 174 were still working on their applications. NGOs in Zanzibar apply for registration with the Zanzibar Business and Property Registration Agency. While registration generally took several weeks, some NGOs waited months if the registrar determined additional research was needed.
In September an official from the Zanzibar office of the Tanzania Media Women Association said registering NGOs was still a problem in Zanzibar. This official also said authorities continued to interfere with the affairs of NGOs. NGOs were forced to change wording in their constitutions to get registered, and some NGOs were blacklisted, deregistered, or had their operations withheld.
During the year the NGO registrar sought to deregister at least 250 NGOs. In August the government froze the bank accounts of the Tanzanian Human Rights Defenders Coalition and arrested its director, Onesmo Olengurumwa, and has actively sought to suspend or prevent the functioning of several others–including the NGO Inclusive Development for Change, and on Zanzibar, the Centre for Strategic Litigation (see also section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
In-country Movement: Refugees are confined to camps. The government limited refugee movement and enforced its encampment policy more strictly during the year, including the arrest of refugees caught moving outside the camps without official permission. With permits more difficult to obtain and livelihood opportunities inside the camps heavily constrained, refugees who left the camps in search of work were apprehended by police and arrested. Usually these persons were prosecuted and sentenced in local courts to six months’ detention or payment of a fine.
Foreign Travel: During the election, several opposition political leaders were blocked from leaving the country. Immigration officers blocked Godbless Lema (the former CHADEMA MP from Arusha) from leaving the country, alleging that he had committed economic crimes and that he lacked proper travel documentation. He later escaped using informal routes to Kenya and was granted political asylum in Canada. Another CHADEMA leader, Lazaro Nyalandu, was also blocked from crossing into Kenya at the Namanga border. Opposition presidential candidate Tindu Lissu, due to fear for his life and of being arrested, sought refuge in the German embassy and later moved to Belgium. Some opposition leaders were unable to travel out of the country without permission from police, due to ongoing investigations against them.
e. Status and Treatment of Internally Displaced Persons
There were no reports of large numbers of internally displaced persons.
f. Protection of Refugees
Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) regarding treatment of internally displaced persons, refugees, asylum seekers, and stateless persons along the western border. The government did not grant UNHCR access to the southern border to assess the status of refugees entering from Mozambique.
Despite government assurances that its borders remained open to refugees, authorities closed the borders to new refugee arrivals from the Democratic Republic of the Congo and Burundi. In 2018 the government withdrew from the UN’s Comprehensive Refugee Response Framework, announced it would no longer provide citizenship to Burundian refugees, and stated it would encourage refugees to return home. At that time the government assured UNHCR it would respect the choice of refugees on whether to return to their country of origin. While nearly 88,000 Burundian refugees have been repatriated since September 2017, there were numerous accounts of refugees facing intimidation or pressure by Tanzanian authorities to return home. UNHCR was concerned about validating the voluntariness of the returns. Some refugees who were pressured into returning to Burundi became refugees in other countries or returned to Tanzania. In November, Human Rights Watch released a report documenting at least 18 cases between October 2019 and August of Burundian refugees being forcibly disappeared, abused, and arbitrarily detained by police and intelligence services. Victims reported to Human Rights Watch that authorities detained them in rooms with no electricity or windows, hung them from the ceilings by their handcuffs, gave them electric shocks, rubbed their faces and genitals with chili, and beat and whipped them.
The government suspended livelihood options for refugees by closing businesses operating inside the camps and common markets outside the camps where refugees and the surrounding communities could exchange goods. According to NGOs working in the camps, there was an increase in gender-based violence and other problems due to the loss of livelihoods.
There were reports of refugees found outside the camps being detained, beaten, abused, raped, or killed by officials or citizens.
Sex- and gender-based violence against refugees continued, including allegations against officials who worked in or around refugee camps. UNHCR worked with local authorities and residents in the three refugee camps to strengthen coordination and address violence, including sexual violence, against vulnerable persons. The public prosecutor investigated, prosecuted, and punished perpetrators of abuses in the camp, while international NGOs provided assistance to the legal team when requested by a survivor. Local authorities and the public prosecutor handled most cases of refugee victims of crime and abuse outside the camp. Residents of the refugee camps suffered delays and limited access to courts, common problems also faced by citizens.
Refoulement: The government closed the last of the country’s official refugee reception centers in 2018, and during the year there were credible reports of push backs at the border as well as instances of obstructions to access for Congolese and Burundian asylum seekers following requests for international protection. In addition, the Burundian refugees who had been assisted by UNHCR during the year to return voluntarily to Burundi, but were forced to flee again and seek asylum for a second time, were unable to register with authorities. This prevented them from being able to access humanitarian assistance or basic services.
There were reports of refugees from Mozambique seeking asylum who were returned without access to UNHCR assessments of the voluntariness of the returns.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The National Eligibility Committee is required to meet regularly and make determinations on asylum applications. In December the committee conducted interviews in Dar es Salaam with asylum seekers for the first time since 2018. The rejection rate was 80 percent, but some families were recognized as refugees. The last session of the committee was held in the camps in 2018, at which point the rejection rate was 100 percent.
Despite the government’s strict encampment policy, authorities continued to permit a small population of asylum seekers and refugees to reside in Dar es Salaam. This group consisted principally of persons in need of international protection arriving from countries that are not contiguous, as well as individuals with specific reasons for being unable to stay in the refugee camps in the western part of the country. While access to formal employment opportunities remained limited for urban refugees, they did enjoy access to government health services and schools. UNHCR intervened in cases of irregular migrants in need of international protection following their arrest by authorities in Dar es Salaam or other urban centers to ensure that the migrants had access to national asylum procedures and were protected from forced return to their country of origin.
Safe Country of Origin/Transit: No policy for blanket or presumptive denials of asylum exists for applicants arriving from a “safe country of origin” or through a “safe country of transit.” All asylum applications are evaluated individually. The law provides that, unless the transit country is experiencing a serious breach of peace, an asylum claim can be refused upon failure to show reasonable cause as to why asylum was not claimed in the transit country prior to entry into the country.
Freedom of Movement: Refugees apprehended more than 2.5 miles outside their camps without permits are subject by law to sentences ranging from a fine up to a three-year prison sentence. Policy restrictions limiting refugee freedom of movement and access to livelihoods left the refugee population almost totally dependent on humanitarian assistance and vulnerable to a range of protection risks, including sexual and gender-based violence. Interpartner violence continued to be reported as the leading category of sexual and gender-based violence, accounting for approximately 75 percent of incidents. Observers attributed this level of violence to the difficult living conditions in refugee camps, split-family decisions resulting from government pressure to return to their countries of origin; substance abuse; closure of larger markets, which undermined women’s self-reliance; and restrictions on freedom of movement, which placed women and girls in a precarious situation when they left the camps to collect firewood and seek foods to diversify their family’s diet.
Employment: Even when refugees have official status, they generally are not able to work, especially in view of the country’s strict encampment policies.
Durable Solutions: During the year the government focused on repatriation and did not support local integration as a durable solution. The government maintained pressure on Burundian refugees to return to Burundi, promoting repatriation as the only durable solution for Burundian refugees. UNHCR continued to assist voluntary returns under the framework of a tripartite agreement between the governments of Burundi and Tanzania and UNHCR, stressing that conditions inside Burundi were not yet conducive for large-scale returns because many Burundian refugees remained in need of international protection. Nonetheless, the government increased pressure on Burundian refugees to sign up for returns. The government implemented measures to make life more difficult for refugees, including closing the shared refugee and host community markets in February and restricting camp exit permits.
According to the Ministry of Home Affairs, from July 2018 to March 2019 a total of 662 Burundian refugees repatriated voluntarily. According to UNHCR, nearly 88,000 Burundian refugees have returned to Burundi with assistance since 2017. The government granted 162,000 former Burundian refugees citizenship in 2014-15. During 2019, 1,350 refugees from the Democratic Republic of the Congo and 82 from other countries were resettled in other countries.