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Final Election Observation Report on the General Elections Held In FINAL OBSERVATION REPORT ON THE GENERAL ELECTIONS HELD IN TANZANIA ON OCTOBER 28, 2020 NOT FREE, NOT FAIR NOT FREE; NOT FAIR FINAL OBSERVATION REPORT ON THE GENERAL ELECTION HELD IN TANZANIA ON OCTOBER 28, 2020 Tanzania Elections Watch | Final Report | February 28, 2021 1 Table of Contents LIST OF ABBREVIATIONS 5 EXECUTIVE SUMMARY 7 Pre-election environment 8 Election Day observation 9 Overall assessment 10 Recommendations 12 1. Election management bodies 12 2. State security agencies 13 3. Regulating communication 13 4. The Tanzania government 14 5. Political parties 14 6. International community 14 7. Citizens and civil society 15 CHAPTER ONE 16 Introduction: Tanzania Elections Watch (TEW) 16 1.1 About Tanzania Elections Watch 18 1.1.1 TEW objectives 18 1.1.2 Guidelines for election observation 19 1.1.3 Basic standards of election observation 20 1.2 Methodology 20 1.3 Structure of the report 22 CHAPTER TWO 24 Political Context and Pre-election Environment 24 2.1 Historical background and context 24 2.2 Pre-election context 26 2.2.1 Electoral governance framework 26 Constitutional, legislative and regulatory guarantees 27 2.2.2 Civic space and the exercise of political rights 30 Voter eligibility and registration 30 Gender balance, equality and inclusion 31 Safety and security 34 2 Elections amid Covid-19 34 Right to vie and campaign for election 35 Political campaigns 37 2.2.3 Civic education and access to information 38 Freedom of information and the media 39 2.2.4 Independence of election management bodies 41 Election administration 42 2.2.5 Electoral dispute resolution 42 Access to justice 43 2.2.6 Election observation and monitoring 43 2.3 Pre-election assessment 44 CHAPTER THREE 46 3. Election Day Observation 46 3.1 Early voting in Zanzibar 46 3.2 Voting procedure 47 3.2.1 Irregularities 47 3.3 Security and safety 47 3.4 Counting and declaration of results 48 3.5 Assessment of pre-election context 49 CHAPTER FOUR 51 4. Post-Election Context 51 4.1 Political consolidation 51 4.2 Role of security services in elections 51 4.2.1 Loss of life 52 4.2.2 Arbitrary arrests 52 4.2.3 Opposition in flight 53 4.3 Statements by the international community 54 CHAPTER FIVE 62 5. Findings 62 5.1 Tanzania’s elections on a democratic scale 62 5.2 Recommendations from previous engagements 65 5.3 Role of regional bodies and the international community 66 3 5.4 Conclusions 67 5.4.1 Independence of election management bodies 68 5.4.2 Free expression of the people’s will 68 5.4.3 Elections free from violence, intimidation or bribery 69 5.4.4 Election credibility and verifiability 70 5.5 Recommendations 71 5.5.1 Election management bodies 71 5.5.2 State security agencies 72 5.5.3 Regulation of communication 73 5.5.4 The Tanzania government 74 5.5.5 Political parties 74 5.5.6 International community 74 5.5.7 Citizens and civil society 75 ANNEX I 76 Panel of Eminent Persons 76 ANNEX II 79 Observer Questionnaire 79 ANNEX III 82 Panel of Eminent Persons’ Engagement Matrix 82 4 LIST OF ABBREVIATIONS ACDEG African Charter on Democracy, Elections and Governance in Africa ACT-Wazalendo Alliance for Change and Transparency -- Wazalendo AU African Union BBC British Broadcasting Corporation BVR Biometric Voter Register CCM Chama Cha Mapinduzi CEDAW The Convention on the Elimination of all forms of Discrimination Against Women CHADEMA Chama Cha Demokrasia na Maendeleo COVID-19 Coronavirus Disease of 2019 CSO Civil society organization CUF Civic United Front EAC East African Community EACJ East African Court of Justice EMB Election Management Body HRW Human Rights Watch ICCPR International Covenant on Civil and Political Rights the African Charter ICERD International Convention on the Elimination of all forms of Racial Discrimination IEOM Independent Election Observation Mission IGP Inspector-General of Police KcK Kituo cha Katiba KHRC Kenya Human Rights Commission LHRC Legal and Human Rights Centre LHRC Legal and Human Rights Commission MCT Media Council of Tanzania MISA Media Institute of Southern Africa MP Member of Parliament NCCR-Mageuzi National Convention for Construction and Reform – Mageuzi NEC National Electoral Commission NGO Non-Governmental Organisation ORPP Office of the Registrar of Political Parties 5 PNVR Permanent National Voter Register PWD People living with Disabilities RFA Radio Free Africa SADC Southern Africa Development Community TCRA Tanzania Communications Regulatory Authority TEW Tanzania Elections Watch THRDC Tanzania Human Rights Defenders Coalition UDHR Universal Declaration on Human Rights UN United Nations UNDP United Nations Development Programme UNFP United Nations Population Fund WHO World Health Organisation ZEC Zanzibar Electoral Commission 6 EXECUTIVE SUMMARY Tanzania identifies itself as a democracy. Its tradition of competitive political contest and inclusion, built since the restoration of multipartyism 25 years ago, has recently suffered severe setbacks because of shrinking civic space and low tolerance for political plurality. Going into the October 28, 2020 General Election, Tanzania had effectively shut out independent election observation and monitoring by denying accreditation to civil society organisations, deregistering non-governmental organisations, and freezing the bank accounts of large civil society coalitions. The exclusion of observers from the electoral process foreshadowed the country’s approaching democratic decline. It is against this background that civil society organisations from the eastern Africa region established the Tanzania Elections Watch (TEW) initiative. The initiative, organised and coordinated by Kituo cha Katiba: Eastern Africa Centre for Constitutional Development (KcK) and the Kenya Human Rights Commission (KHRC), sought to plug the gaps evident in the exclusion of domestic observers from the electoral process and the inability of international observers to access the country due to the Covid-19 pandemic, as well as provide oversight for the elections. The Tanzania Elections Watch initiative set out to overcome the limitations imposed by Covid-19-related travel restrictions, low physical access for international observers, and the absence of meaningful local observation missions by leveraging technology to collate, triangulate and verify information from various sources. It established an information capture and analysis system that collated data from various sources, among them dedicated media monitoring firms, social media heat maps, discreet monitors and a team of observers spread across the Tanzania Mainland and its Zanzibar archipelago. Electoral governance and legal experts with knowledge of Tanzania analysed the information to distill observations about the elections and the human rights situation in the country. TEW also regularly communicated with the election management bodies (EMBs) in Tanzania and Zanzibar, as well as the leaders of critical state agencies such as the police, the political parties registrar, and the communication regulatory authority. The conduct of the elections was assessed against the standards in Tanzania’s Constitution as well as in the guiding principles of various international instruments of democratic practice to which the country has committed itself. 7 Pre-election environment Constitutional and legal guarantees of freedom and the rights of citizens were in place, but they were riven by contradictions that clawed back on fundamental freedoms, including the right to movement and assembly, the right to expression and information, the right to participate in political processes and the right to access justice by dint of the ouster of courts’ jurisdiction in election disputes. The National Elections Commission (NEC) registered 7,043,247 new voters, updated information for some 3,225,778 and expunged 16,707 entries from the 2015 register. The constitutions of Tanzania and Zanzibar provide that not less than 30 per cent of the members of the National Assembly and the House of Representatives shall be women, nominated from lists submitted by political parties in proportion to the share of the vote obtained in the elections. The three main political parties in the 2020 election nominated 102 women out of 672 candidates vying for parliamentary seats, a 15 per cent increase from the previous election, but there was little evidence that the Registrar of Political Parties had facilitated the inclusion and effective participation of women, youth and persons with disabilities. Notably, women political candidates in the elections were physically assaulted, verbally attacked, arrested and harassed by security agents throughout the year, thus constraining their participation. Democratic norms that guarantee civil and political rights were not institutionalised and their practice was generally weak. The full participation of political parties, their candidates and their supporters was severely limited by a combination of factors, including poor or no communication on preventive measures in light of the Covid-19 pandemic; constricted civic space; inadequate independence of election management bodies; and the politicisation of institutions of state -- especially the police, the election management bodies and the registrar of political parties. A ban on political rallies had been in force since July 2016, but it was selectively applied against opposition parties, whose leaders were intimidated, harassed, arrested and prosecuted on a variety of charges. A significant number of opposition candidates were excluded from the ballot in processes that did not
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