8 November 2016

Hon. Dr. Harrison George Mwakyembe Minister for Constitutional and Legal Affairs Barabara ya Mkwepu 11484 ,

Your Excellency,

Tanzania has a globally recognized culture and a vibrant and proud music and arts scene, along with a national constitution that guarantees freedom of opinion and expression for artists and all citizens of Tanzania.

However, I am writing to express our concern about the charges against and ongoing legal prosecution of musician Mwana Cotide (real name: Fulgency Mapunda) and music producer Mussa Sekabwe. Arrested in September 2016 after producing, singing and distributing a song called ‘Dikteta Uchwara’ (Petty Dictator), the charges allege that the song contains “seditious and offensive” content towards Tanzanian President .

The two artists were charged at the Kisutu Resident Magistrate Court in capital city Dar es Salaam on 28 September 2016 for uploading a video of the song on YouTube in August 2016, as well as “distributing the song with intent to offend” the president, which is an offence under the 2015 Cybercrimes Act.

Both artists have denied the charges and were released on bail with the next hearing scheduled for 12 October 2016. However, the hearing was postponed until 9 November 2016 due to the judge ruling the investigation was incomplete. If convicted under the Cybercrimes Act the artists could face hefty fines or even imprisonment.

The Cybercrimes Act is a “violation of human rights” through its “criminalization of freedom of speech and communication itself,” said , Cotide and Sekabwe’s lawyer. The arrest of artists under the Cybercrimes Act creates a challenging environment when the artists are released as they experience great difficulty recording and producing music in studios that consider them a perceived risk, according to Lissu.

In a separate case, Tanzanian musician Snura Mushi was banned in May 2016 from performing and distributing her song ‘Chura’ due to the inclusion of ‘immoral acts’ in the video. Tanzanian authorities instructed her that distributing the video would result in being charged and imprisoned under the Cybercrimes Act.

I therefore ask that you give this issue your immediate attention, ensuring that all charges are dropped against Mwana Cotide and Mussa Sekabwe, and amend the Cybercrimes Act in accordance with the right to freedom of expression as upheld in Tanzania’s international obligations under the

International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Freemuse is an independent international organization advocating and defending freedom of all artistic expressions worldwide, and has had Special Consultative Status with the United Nation’s Economic and Social Council, ECOSOC, since 2012.

Thank you for your attention to this urgent matter. We look forward to your response.

Yours sincerely,

Ole Reitov, Executive Director, Freemuse

CC.  Mr. , Minister for Home Affairs  Hon. Dr. , Minister for Ministry of Foreign Affairs and East African Cooperation  Mr. Biswalo Mganga, Director of Public Prosecution  Mr. Ernest Mangu, Inspector General of Police  Mr. Peter Allan Kallaghe, High Commission of Tanzania in London  Her Excellency, Dora Msechu, Embassy of Tanzania located in Stockholm