Zanzibar: Democracy on Shaky Foundations Zanzibar Democracy On Shaky Foundations ©ARTICLE 19, LONDON ISBN 1 902598 19 9 APRIL 2000 1 Zanzibar: Democracy on Shaky Foundations CONTENTS INTRODUCTION AND SUMMARY OF RECOMMENDATIONS .......................... 1 1. POLITICAL BACKGROUND.................................................................................. 5 The 1995 Elections and their Aftermath ....................................................................... 7 2. HUMAN RIGHTS ABUSES SINCE 1995................................................................ 8 Harassment of the Opposition and Media..................................................................... 8 The CUF Treason Trial ............................................................................................... 12 3. THE COMMONWEALTH-BROKERED AGREEMENT: AN AUDIT ............ 14 CONCLUSION................................................................................................................ 17 Appendices....................................................................................................................... 19 A.THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR FREEDOM OF EXPRESSION IN ZANZIBAR.......................................................... 19 Constitutional Provisions .................................................................................................. 19 The Press ........................................................................................................................... 22 Broadcasting...................................................................................................................... 29 Defamation........................................................................................................................ 32 Sedition and False News ................................................................................................... 36 National Security and Access to Information ................................................................... 38 Other Censorship Provisions............................................................................................. 42 Freedom of Association and Assembly............................................................................. 43 B. THE CUF EIGHTEEN................................................................................................. 49 2 Zanzibar: Democracy on Shaky Foundations INTRODUCTION AND SUMMARY OF RECOMMENDATIONS As the October 2000 multiparty elections in Tanzania draw near, it appears increasingly likely that restrictions on freedom of expression and other fundamental freedoms will once again seriously undermine the democratic process on the autonomous island of Zanzibar. This can only have negative consequences for the credibility of the elections as a whole in Tanzania. The 1995 presidential and parliamentary elections in Tanzania were the first multi- party elections to be held in Zanzibar for thirty-one years. They were the culmination of a long process which began in 1991 with the setting up of a committee on multi- partyism. This committee made recommendations that led to the formation and official registration of political parties, which took place between 1991 and 1993. Hopes were raised at that time that Tanzania’s democratic transition might proceed smoothly. But such hopes were dashed by events on Zanzibar. The 1995 elections there were deeply flawed and lacked credibility. The main opposition party, the Civic United Front (CUF), quickly declared the victory of the ruling Chama cha Mapinduzi (CCM) fraudulent. The dispute between the two main parties in Zanzibar escalated further in November 1997, when tensions surrounding a crucial parliamentary by-election led to eighteen leaders of the CUF being arrested and charged with treason. They remain detained to this day. Two years on and their trial has barely begun. ARTICLE 19 believes that the charges are politically-motivated and that they should be released immediately and unconditionally. Little progress has been made in building respect for human rights and a durable democracy in Zanzibar since 1995. There are still many laws in Zanzibar which are incompatible with genuine multi-party democracy and the international human rights treaties to which the United Republic of Tanzania, including Zanzibar, is a party. Taken together, these laws gravely undermine the Bill of Rights introduced in Zanzibar in 1985 following reform of the Constitution. Their use in restricting the media, freedom of expression, association and assembly in Zanzibar has led many to fear that Zanzibar's democracy rests on shaky foundations. 3 Zanzibar: Democracy on Shaky Foundations In June 1999, a Commonwealth-brokered Agreement was signed by both the CCM and the CUF, under which the parties agreed to a package of measures which would address the long-running political crisis on the island – including reform of the Zanzibar Constitution, the judiciary and the electoral laws. The Commonwealth fixed a deadline of May 2000 for implementation of the Agreement but little progress has been made. At the time of writing, the Agreement appears still-born. This bodes ill for the elections scheduled for October 2000 and their aftermath. ARTICLE 19 is acutely aware that harassment of the opposition and media in Tanzania is by no means restricted to the island of Zanzibar. However, developments there have potentially explosive consequences for Tanzania as a whole. Given the continuing rumblings of discontent about the basis of the marriage between Tanganyika (also known as Tanzania mainland) and Zanzibar in 1964, renewed upheaval on Zanzibar could have disastrous consequences for the stability of the country, which in turn could have a major negative impact on its neighbours in East, Central and southern Africa. An essential precondition for resolving the political crisis which has developed in Zanzibar is the immediate and unconditional release of the eighteen CUF leaders facing trial. Only when this has taken place is there any genuine basis for the realisation of the objectives of the Commonwealth-brokered Agreement. The international community has a crucial role to play in both regards. It should begin by putting heavy pressure on the Zanzibar authorities to release the CUF leaders. Any hesitations in doing so will send the wrong signal to the Zanzibar CCM at a moment when even mainland CCM parliamentarians are now publicly calling for the charges to be dropped. Indeed, while the CCM on the mainland has always been careful not to infringe the autonomous status of Zanzibar, its leadership should belatedly recognise that it too has an obligation under international law to ensure their rapid release. The international community should then provide strong backing for the resurrection of the June 1999 Commonwealth-brokered Agreement, which is essential if the shaky foundations of Zanzibar’s democratic transition are to be replaced with structures of greater solidity and durability. Sustained international commitment will be required to achieve this goal. 4 Zanzibar: Democracy on Shaky Foundations This report also provides an in-depth analysis of Zanzibar's structural democratic deficit with regard to the fundamental rights of freedom of expression, association and assembly. A wide range of constitutional and legal provisions at both the union- and Zanzibar-levels violate Tanzania’s international human rights obligations in these spheres. ARTICLE 19 has identified a number of laws which require urgent repeal if the Commonwealth-brokered Agreement is to be fully implemented. The following are ARTICLE 19’s recommendations to the government of Zanzibar, the government of the United Republic of Tanzania and to the international community: The government of Zanzibar should: - Release the CUF eighteen immediately and unconditionally; - End all official harassment of political opponents and the media; - Initiate comprehensive reform of all Zanzibar Constitutional and legal provisions which violate the international human rights obligations of Tanzania, including Zanzibar. As a first step with regard to freedom of expression, association and assembly, immediately repeal the Registration of News Agents, Newspapers and Book Act and the Societies Act; - Implement the June 1999 Commonwealth-brokered Agreement by the end of May 2000 so that the conditions are created for credible elections in October, cooperating with the Commonwealth and wider international community to this end. The government of the United Republic of Tanzania should: - Put pressure on the government of Zanzibar to release the CUF eighteen immediately and unconditionally; - End all official harassment of political opponents and the media; - Initiate comprehensive reform of all union-level Constitutional and legal provisions which violate the international human rights obligations of Tanzania, including 5 Zanzibar: Democracy on Shaky Foundations Zanzibar.1 As a first step with regard to freedom of expression, association and assembly, it should immediately repeal the Political Parties Act and the National Security Act; - Do everything in its power to support the implemention of the June 1999 Commonwealth-brokered Agreement by the end of May 2000 so that the conditions are created for credible elections on Zanzibar in October, cooperating with the Commonwealth and wider international community to this end. The international community should: - Support the Commonwealth-brokered Agreement so that it is implemented