NGOs file independent candidacy case against Dar in African Court

A past African Union summit in Addis Ababa, Ethiopia. Tanzania NGOs plan to file the application at the African Court seeking enforcement of the court’s decision on independent candidacy in the next two weeks and also table a document at the next African Union meeting in May. PHOTO | FILE 

By ROSEMARY MIRONDO, TEA Special Correspondent

IN SUMMARY

In June last year, a panel of AfCHPR Justices ruled that it was undemocratic for the government to force citizens to be members of a political party before they could be considered for public office.

Legal and Human Rights Centre (LHRC) executive director Helen Kijo Bisimba says government has delayed complying with the order, with the country seven months away from holding a General Election slated for October 30, this year.

With the government focused on the preparation for the referendum on the proposed constitution, it has shelved minor amendments to the current Constitution, which could have included independent candidacy.

Civil society groups are in the process of filing an application at the African Court on Human and Peoples’ Rights (AfCHPR) seeking enforcement of the court’s decision on independent candidacy in Tanzania.

In June last year, a panel of AfCHPR Justices ruled that it was undemocratic for the government to force citizens to be members of a political party before they could be considered for public office.

This follows a constitutional amendment in 1992 by parliament, which entered into force the same year, requiring that any candidate running for presidential, parliamentary and local government elections be a member of, and be sponsored by, a political party.

The government has failed to comply with the AfCHPR decision of June last year allowing private candidates to vie for political positions in the country.

In view of this, Legal and Human Rights Centre (LHRC) executive director Helen Kijo Bisimba said they were taking action against the government for failing to comply with the order.

“LHRC in collaboration with Tanganyika Law Society and Democratic Party chairman Christopher Mtikila, are preparing an application to be taken to the African Court seeking further action that will force the government to comply,” she said.

Ms Bisimba said the government had delayed complying with the order, especially taking into consideration that the country was about seven months away from holding a General Election slated for October 30, this year.

She said that unless the matter is enforced on time, private candidates will not be able to contest in this year’s General Election.

With the government focused on the preparation for the referendum on the proposed constitution, it has shelved minor amendments to the current Constitution, which could have included independent candidacy.

Rev Mtikila said that he expects the application to be lodged at the African Court in two weeks’ time.

“We are currently preparing a document that will be tabled in the next African Union meeting slated for May this year, to reinforce execution of the court’s decisions by the member states,” he said.

According to a senior legal officer who requested anonymity, the court has so far addressed at least 24 cases but is not in a position to enforce execution of the decisions. It can only report to the AU summits on the outcomes of the cases.

The 009/2011 case was filed at the court in 2011 concerning alleged violation by the government of Tanzania of the rights of its citizens by prohibiting independent candidates from contesting in elections.

The NGOs claimed that the government through certain amendments to the Constitution violated its citizens’ right of freedom of association, the right to participate in governmental affairs and the right not to be discriminated against by prohibiting independent candidates to contest in the elections. (THOMSON REUTERS FOUNDATION)