By Elias Mhegera
A landmark achievement has been reached in
the democratic frontier in the Tanzanian governance arena after a recent
agreement between the Police Force and human rights NGOs, under their umbrella
body the Tanzania Human Rights Defenders Coalition (THRDC).
The meeting between the THRDC and the Police
Force on Thursday last week came as a development after the willingness that
was shown by the Deputy Inspector of General of Police Force (DIGP), Abdulrahman
Kaniki in November 26, 2013 when he was invited to represent the Force in a
public event that was organized by the former.
Thereafter this was followed one day seminar
on February 27 at the New Africa Hotel in Dar es Salaam, where more than 30
senior Police Officer including Regional Police Commander (RPCs), from both
Mainland Tanzania and the Isles, attended.
This turned out to be an opening to new relationship
between the Force and the Civil Society Organisations (CSOs) if the promises
were to be kept. It was realized that the communication gap has created
unfounded mistrusts which now the two parties have decided to resolve.
It was after speeches by the DIGP, and the
THRDC board member who is well the executive director of the Legal and Human
Rights Centre (LHRC), Dr Helen Kijo-Bisimba when there was an enshrining of
emotional reactions from the some Police officials who were categorical that
they have never been treated fairly by the Human Rights NGOs (HRNGOs).
Talking about the challenges that Human Rights Defenders (HRDs)
are facing it was the National Coordinator of the THRDC Onesmo Olengurumwa who
said that depending on the nature of their activities and geographical
locations, HRDs face a number of challenges.
It is during their operations when their either co-operate or at
times even clash with the Police Force. For instance, women defenders have been
facing problems from a segment of conservatives who view introduction of gender
equity and campaigns against domestic violence as attempts to imitate foreign
cultures as instigation of matrimonial conflicts.
For that matter, HRDs in these areas as the survey by the THRDC
indicated, and the most recent survey by Tanzania Media Women Association
(TAMWA), in Zanzibar and Musoma are in risky situations.
In other cases it is those who are dealing with governance and financial
accountability in the Local Government Authorities (LGAs) this can be
journalists or NGOs which are conducting Public Expenditure Surveys (PETS).
Another group is those who are championing for environmental and land rights
this is because of land grabbing, land based conflicts and environmental
degradation due to mining activities.
As it has been occurring in many occasions, whenever HRDs want to
make follow up in violations of human rights usually there is a cooperation
between human rights activists, journalists and other stakeholders, this is in
many cases have had devastative effects.
In most cases they are rounded, beaten, arbitrarily arrested, and
even their communication equipment like cameras and lap top are destroyed.
These harassments, co notates that HRDs are hindered to inform the public while
at times this goes hand in hand with repeated hatred statements from Government
ministers as it was with the immediate former Tourism Minister Hamis Kagasheki
against NGOs in Loliondo.
Whenever there are challenging situations like this very few HRDs
can continue to work effectively, as a big number of them are scared. To a
large extent that is why the HRDs are struggling in order to ensure that the
Constitutional Assembly is to formulate laws that are supportive towards the
freedom and access to information.
Although there have been constant denials every now and then, but
HRDs are always entangled and they become victims of power abuse by the power
mighty like the regional and district commissioners, police commanders, and
even with The Tanzania
People's Defence Force (TPDF) soldiers as it was with gas commotions in Mtwara.
In other words HRDs are facing challenges not from a single
direction as some of them are from the community itself and at times from the
Government functionaries.
“The current economic and political contexts in this Country are
not friendly and they need a thorough review if HRDs were to implement their
working strategies without frequent interruptions” warned Olengurumwa.
The Coalition demands for established security strategies and
resolutions and invites other stakeholders to be part of the general platform
for change in the governance structure of the NGOs. As it has been occurring
many times there is a tendency to perceive HRDs as being agents of the
opposition.
These kinds of perceptions are promulgated by a segment of
political leaders knowingly or unknowingly due to lack of understanding how the
systems of separation of power and transparency work in democratic societies. In
Tanzania anyone who criticizes poor performance in any area of the Government
is regarded as an agent of the opposition or foreign elements.
It was the Mwanza’s Regional Police Commander
(RPC), SACP-Valentino Mlowola who started it all when he lamented, “you have
been tantalizing the Police Force through the media, this is very unfair we are
also human rights defenders just like you,” he lamented.
His reaction followed statements that the
Police Force has been part of the gross violation of human rights in Tanzania.
His cry as a defensive mechanism even before a presentation was made was an
indication that some bigwigs in the Force are never prepared for criticism.
But this does not mean that he did not have
supporters in the hall. Arusha’s RPC Liberatus Sabas suggested that whenever
HRNGOs discusses human rights issues in this country they should have in mind
that Police Officers are also human beings. “You should treat us as human
beings as well” he added to the cry from the law enforcers’ commanders.
However he appreciated the fact that the HRDs
trough the THRDC has opened a discussion forum. “I advice that we produce
documents that will be shared in order to improve working relations, but also
for imparting human rights knowledge to law enforcers” he commented.
This stance was also echoed by other
colleagues in the Force as well. Ahmed Msangi Mbeya RPC’s went further and said
that at time human rights defenders HRDs work as a supporting hand to the
opposition, and that he was annoyed by their demonstration during the doctors’
strike in February 2012.
But it was not all differences at the
session, as jokes also increased the fragrance at times. For instance Judge (rtd)
Thomas Mihayo was cornered by the gigantic commanders of Paul Chagonja’s like,
due to one TV jingo where he condemns violation of human rights by state organs,
where his answer was simple “I do not mean all Police Officers are violators of
human rights,” he defended.
Probably it was Mr Jesse James, lecturer Law
School University of Dar es Dar es Salaam, who enlightened the commanders that
their violation of human rights was implicit. “This is after a failure to
balance between rights and responsibilities” he commented.
Elaborating further he disclosed Police
officials are not cushioned from the International Criminal Court Statute or
the Rome Statute and they can face prosecutions even after their
retirements. He reminded them that the
legality of international mechanisms against them stems from the fact that
Tanzania has ratified various international protocols on human rights.
“we should tread carefully in our operations
lest we find ourselves facing charges in the African Court of Human and
Peoples’ Rights (ACHPR)”, he warned. As the knowledge was passing over one
could tell that Police brutality is partly contributed by lack of knowledge on
human rights.
Main
discussions and reactions
During discussions it was realized that some
officials from the Force do not understand the role of CSOs in fulfilling the
principles of separation of power. However, to this rescue were seasoned and
probably much more exposed officials in the name of Zelothe Stephen and
Suleiman Kova who admitted that there is no way the Police Force can sideline
HRNGOs and journalists being in the family of HRDs.
For his part Kova said that his Force has had
a good working relation with journalists which has facilitated a lot in the
community policing zeal. He also lauded the HRNGOs because they are defenders
of the citizenry at large, but called for more formal communication between
these parties rather than outbursts through the media.
Adding to this debate Stephen said that if
the Police Force, HRNGOs and the media were to work in good relations there
would be tremendous improvement in the social welfare since the main motive of
ensuring security is to create an enabling environment for the citizenry and
other residents in this country to produce peacefully without any fear of
unpredictable intrusions.
Conclusions
and recommendations
Eventually it was decided that there must be
a formulation of a new mechanism which will assist the Police Force to maintain
peace but without sacrificing their vital role of protecting security, in order
to remove assumptions that this Force is an armed wing of the ruling Chama Cha
Mapinduzi (CCM) as it has been claimed several times in various political
circles.
The Police Force promised that it will
convene internal meetings and redefine its position in a new multiparty era where
politicians have been at the centre of their daily operations.
“It is true there is a need to find what we
can do with the executive, the legislature and even the judiciary, but our main
problem has been political tug-of-wars” said Paul Chagonja a senior official in
the Force who also heads special operations and training.
For this matter he suggests that NGOs should
be intermediaries between these bodies and reminding them that national welfare
should be given priority rather than intrinsic political divisiveness which now
has at times put this Force in jeopardy.
In the working document for these
organizations the Police Force will put forth its suggestions, and then the
knowledge will be disseminated up to the grassroots level. It was also suggested
the Force and CSOs should prepare joint media campaigns and education sessions
which will enlighten the citizenry their role in maintaining peace and
tranquility.
There will be engagement sessions between the
Force and politicians in order to chart out working mechanisms and avoid
unnecessary commotions as it has been the tradition previously. The media and
HRNGOs were counseled to get enough information from the Force before they rush
to the media for any utterances.
The dissemination of education on human
rights should be expanded gradually within and without the Force in order to
make law enforcers work more professionally but also the citizenry to
understand their responsibility in maintaining peace and order.
Protection of human rights should go beyond
the traditional understanding where law enforcers are only perceived as
violators of human rights. In other words exchange of mutual trust should
reduce the existing mutual suspicions between HRNGOs and the Police Force.
The Police Force promised to institutionalize
a focal person on human rights in order to maintain regular communications
between the Police Force and the CSOs.
“From now onwards I believe we have opened a
new working chapter, we do not expect outbursts in the media, and we promise that
all the deliberations will be worked upon” said a jubilant Chagonja when giving
the closing remarks at this seminar.
Photo
Inspector General of Police
Ernest Mangu
.JPG)
