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“As Long As I Am Quiet, I Am Safe” Threats to Independent Media and Civil Society in Tanzania WATCH

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“As Long As I Am Quiet, I Am Safe” Threats to Independent Media and Civil Society in Tanzania WATCH HUMAN RIGHTS “As Long as I am Quiet, I am Safe” Threats to Independent Media and Civil Society in Tanzania WATCH “As Long as I am Quiet, I am Safe” Threats to Independent Media and Civil Society in Tanzania Copyright © 2019 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-37755 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org OCTOBER 2019 ISBN: 978-1-6231-37755 “As long as I am quiet, I am safe” Threats to Independent Media and Civil Society in Tanzania Summary .................................................................................................................... 1 Recommendations .......................................................................................................5 Methodology.............................................................................................................. 9 I. Background ......................................................................................................... 10 Political and Legislative Systems in Tanzania and Zanzibar .............................................. 10 2015 Elections and Aftermath ......................................................................................... 12 Hostile Rhetoric on Human Rights ................................................................................... 13 Media and Civil Society Landscape ................................................................................. 16 II. Restrictions on Expression ............................................................................. 18 Media laws .................................................................................................................... 18 Statistics Act ................................................................................................................. 20 Cybercrimes Act ............................................................................................................. 21 Bans, Shutdowns, Raids and Fines ................................................................................. 21 Arbitrary Arrests, Prosecutions, and Beatings .................................................................. 24 Abductions .................................................................................................................... 29 III. Restrictions on Civil Society Organizations ..................................................... 31 Bureaucracy and Restrictions on Movement .................................................................... 31 Research Permits and Immigration Status ....................................................................... 33 Deregistration and Threats to Deregister and Suspend ..................................................... 35 Raids and Arbitrary Arrests ............................................................................................. 37 Disputing Nationality ..................................................................................................... 39 Office Bombings and Intimidation................................................................................... 41 IV. Attacks and Restrictions on the Political Opposition .......................................43 V. Impact of Repression .................................................................................... 46 Fear and Civil Society Self-Censorship............................................................................. 46 Chilling Effect on the Media ............................................................................................ 48 VI. Government Responses to Criticism ............................................................... 51 VII. Tanzania’s Legal Obligations .........................................................................53 International and Regional Legal Obligations .................................................................. 53 National Laws Affecting Freedom of Expression and Association ...................................... 57 Acknowledgments .....................................................................................................59 Annex ...................................................................................................................... 60 Letter to Tanzanian Authorities Dated September 16, 2019............................................... 60 Summary Since President John Magufuli came to power in 2015, Tanzania has seen a sharp backslide in respect for basic freedoms of association and expression, undermining both media freedoms and civil society. While some restrictive trends may have predated his term, they have intensified since he became president. Authorities have passed new legislation and enforced existing laws that repress independent reporting and restrict the work of media, nongovernmental organizations (NGOs) and political opposition groups. The president and other high-level officials have made hostile statements about rights issues, at times followed by enforcement actions cracking down on individuals and organizations seen as being critical of government policy. Authorities have censored and suspended newspapers and radio stations, arbitrarily deregistered NGOs, and have not conducted credible investigations into abductions, attempts on the lives of journalists and opposition figures. The government has arbitrarily arrested and, in some cases, brought harassing prosecutions against journalists, activists, and opposition politicians, perceived to be government critics. Based on interviews with 80 people in July to September 2018, and in January 2019, this report documents these restrictions and abuses in both mainland Tanzania and the semi-autonomous island archipelago of Zanzibar, where Human Rights Watch researchers found a similarly repressive environment. Interviewees included reporters, newspaper editors and staff of NGOs in Dar es Salaam, Zanzibar, Arusha, Ilindi and Mwanza. Over the past five years, the Tanzanian government has either enacted or begun to actively enforce repressive laws that undermine independent media, political opposition and civil society. These include the 2015 Cybercrimes Act, which restricts free expression online; the 2015 Statistics Act, which, until its amendment in June 2019, criminalized publishing statistics without government approval and blocked the publication and dissemination of independent research; 2018 regulations to the Electronic and Postal Communications Act that subject bloggers to excessive licensing fees; and the 2016 Media Services Act, which gives government agencies broad power to censor and limit the independence of the media by creating stringent rules for 1 HUMAN RIGHTS WATCH | OCTOBER 2019 journalists accreditation and creating offenses and oversight powers that are open to abuse by the government. The government adopted new regulations in 2018 requiring NGOs to publicly declare their sources of funds, expenditures and intended activities or face deregistration. In addition, the 2002 Political Parties Act was amended in 2019 to restrict the space in which political parties can independently operate in Tanzania. Authorities have stepped up censorship of the media. The Ministry of Information, Culture, Arts and Sports has shut down radio stations and newspapers and suspended live transmissions of parliamentary debates. In one case, the Tanzania Communications Regulatory Authority fined television stations for covering an NGO press conference critical of the government, and in another case a government official accompanied by armed security officers raided a television station. The government has used the Cybercrimes Act to harass opposition politicians, journalists and activists, while police have arbitrarily arrested, and in some cases, beaten journalists as they covered events. Police have also arrested two journalists engaged in investigative reporting on government policy. Authorities have not adequately investigated the abduction of two other journalists, one of whom remains missing at the time of writing. The government, through the NGO registrar, has exerted more control over NGOs by increasing bureaucratic requirements for NGOs and threatening to deregister them for non-compliance. All NGOs are now required to publicly disclose financial information and submit extensive registration documentation. Government officials have also threatened NGOs with deregistration over specific activities, for example, for challenging the president’s statements or for promoting LGBT rights. The NGO Coordination Board, under the Ministry of Health, Community Development, Gender, Elderly and Children, has deregistered three NGOs, for what it deemed to be violations of Tanzanian ethics and culture. Police have raided events organized by groups working on protecting the rights of lesbian,
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