MOSHI COOPERATIVES UNIVERSITY (MoCU)

VIOLATION OF HUMAN RIGHT IN TANZANIAN GENERAL ELECTION; ANALYSIS

OF THE LAWS AND PRACTICES

RESEARCH PROPOSAL

BY

JAMES LAMECK OUKO

REGISTRAION NUMBER: MoCU/LL.B/1430/21

Bachelor of Laws

SUPERVISOR NAME: ADV.ELISHA SERIKALI

February, 2024

MOSHI COOPERATIVES UNIVERSITY

VIOLATION OF HUMAN RIGHT IN TANZANIAN GENERAL ELECTION; ANALYSIS
OF THE LAWS AND PRACTICES.

RESEARCH PROPOSAL

BY

JAMES LAMECK OUKO

A research proposal submitted in partial fulfillment of the requirement for the Award of
Bachelor of Laws of Moshi Cooperative University.

February, 2024.
 DECLARATION AND COPYRIGHT
I JAMES LAMECK OUKO, declare that this work and it has not been presented and will not be
presented to any higher learning Institution for a similar or any other academic award.

Signature…………………….Date………………………………….

This research paper is copyright material protected under the Berne Convention, the Tanzania
copyright act of 1999(R.E.2002) and any other international and national enactment, in that
behalf, on intellectual property. It may not be reproduced by any means, in full or in part, except
for short extract in fair dealing for research or private study, critical scholarly review or discourse
with an acknowledgement and proper consultation as in prior written permission of the original
author of the research paper and the Moshi Cooperative University.

CERTIFICATION

The undersigned certify that she has read and hereby recommends for acceptance by the Moshi
Cooperative University a Research Proposal titled” Violation of Human Rights in Tanzanian
General Election ;Analysis of the Laws and Practices” In partial fulfillment of the requirements
for the award of bachelor of laws at Moshi Cooperative University.

(Supervisor’s Name)
 ………………………………………………………

(Supervisor’s Signature)

…………………………………………………

Date………………………………………………….

Table of Contents
DECLARATION AND COPYRIGHT....................................................................................................i
CERTIFICATION.....................................................................................................................................ii
LIST OF ABBREAVIATION..................................................................................................................v
1.1 Background of the research...............................................................................................................1
1.2 Statement of problem.........................................................................................................................3
1.3 Research objectives............................................................................................................................4
1.3.1 General objectives...........................................................................................................................4
1.3.2 Specific objectives..........................................................................................................................4
1.4 Research Questions............................................................................................................................4
1.6 Literature review.................................................................................................................................5
1.7 Research Methodology......................................................................................................................9
1.7.1 Research Design..............................................................................................................................9
1.7.2 Description of study area................................................................................................................9
1.7.3 Sample and Sampling technique..................................................................................................10
1.7.3.1 Sample size.................................................................................................................................10
1.7.3.2 Sample unity...............................................................................................................................10
1.7.3.3 Sampling technique...................................................................................................................10
1.7.4 Sources of data..............................................................................................................................10
1.7.4.1 Primary data................................................................................................................................10
1.7.4.2 Secondary data...........................................................................................................................10
1.7.5 Data collection methods...............................................................................................................11
1.7.5.1 An interview...............................................................................................................................11
1.7.5.2 Questionnaire..............................................................................................................................11
1.7.6 Data analysis..................................................................................................................................11
REFERENCES........................................................................................................................................12
APPENDIX.............................................................................................................................................13
APPENDAX II........................................................................................................................................14
 LIST OF ABBREAVIATION
UN United Nation

UDHR Universal Declaration of Human Rights

CURT Constitution of United Republic of Tanzania

CAP Chapter

LHRC Legal and Human Rights Centre.

No Number

NEC National Electrol Commission

VOL Volume

PG Page

R.E Revised Edition

1st first
2nd Second

3rd Third

1.0 INTRODUCTION

1.1 Background of the research

According to article 1 state that” all human beings are born fee and equal in dignity and rights’’
but what are human rights? According to Andrew Heywood define a human rights as rights to
which people are entitled by virtue of being human. They are modern and secular version of
“natural right’’ there are four characteristics to define human rights. First, they are universal.
Second, they are crucial important and are of prime importance .Third, they are absolute
implication is that they are basic for each individual and fourth, they are indivisible this means
all form like civil, economic, political ,and social rights all are equal importance. The historical
background of human right is traced back since 17 and 18 century during the English ,French,
and American revolution, where by under this century there was emergence of first generation
rights which are “civil and political rights’ ‘are the initial form of natural rights ,the rights
included in this generation a right to life, liberty, right to property, freedom from arbitrary arrest,
freedom of thought, freedom of religion, and freedom of movement.The key document to
understand the content of first generation of human rights are Article 3 to article 21, and the
covenant of civil and political rights of 1966 .The human right become enforceable to all
countries around the world because all countries ratified the “United national charter” where by
preamble of this covenant do not provide the general meaning of the human but it provides the
“commitment’ ’and “obligation “on protecting the human rights, furthermore the United Nations
(UN) put strategies on influencing and protecting the human right in articles 1(3),13(1)
(b),56,62(2), (3) and article 68.

Tanzania is among the countries which recognize and rectified the covenant of United National
Charter (UN) and all covenant concern the human rights like Universal declaration of human
rights of 1948, and other covenant concern the human rights become rectified. In famous case of
Christopher Mtikila v Attorney General , Lugakingira J, said “Human right are not gift from the
state ,but are inherent in person by reason of his or her birth and are therefore prior to the state
and law” again he said “nowadays constitution example Tanzania constitution mentioned the
human rights in their article but does not mean that those rights originated from those article but
the human rights existed since early and those rights incorporated in a constitution as an
evidence only not otherwise. Human rights mentioned from articles 12 to 24 .example of those
rights is rights of life, freedom of conscience, to works, and others. Question come what are
rights of Tanzanian citizens in general election in Tanzania ,the following will be the political
rights available to Tanzanian citizens includes; Right to participate in election which is free and
fair election ,an election is said to be free and fair if all qualified citizens are registered as voters
and every citizens decides whether or not to vote and can be freely vote the candidate or party of
their own choice also free and fair election require all registered political parties to be availed of
an equal rights to contest the election and persuade voters to vote for them the basis of this
stipulated under articles 5 and 21 of constitution of united republic of Tanzania,rights to be
registered as voters and this registration process must be transparent ,accurate, and
inclusive .rights of campaign to political parties , freedom of expression and beliefs be free to
peoples ,media, government bodies and non-government bodies ,rights of freedom to assembly
to an association and organization to all days with inclusion of general election session and
others many rights. In short Human right is not a gift from the government but become available
to all people (even Tanzania citizens) since they born to this world “No one is above human
right” this means must be respected and protected with all people(Tanzania citizen),government
organization, Non-government organization and other organization as possible so as people to
enjoy theirs rights.

1.2 Statement of problem

Despite of having laws and regulation like Constitution of United Republic of Tanzania (CURT),
The National Election (Presidential and parliamentary Election) Regulation, National Election
Act and Political Parties Act, that provide the general rights to the citizens of Tanzania in whole
general election process ,especially pre-elections rights, during election rights and post-election
rights .In fact those rights become violated either by government apparatus like polices, and
army, government leaders, political leaders, returning officers, election observers and citizens
themselves . The consequence of this violation hinder our social, political, cultural, and
economic development in Tanzania good example if the right of voting is violated, probably the
outcome will be poor relationship between elected leaders and their citizen, poor development
growth , bad leadership, poor democracy and other outcomes as possible.

Not only that, in 2015 and 2020 observed in Tanzania general election ,the Tanzania authorities
has arrested opposition party members examples on June 23, 2020 Police arrested Zitto Kabwe
and other seven opposition members party and critics of the government suspended a rights
group and canceled the license of another and blocked other major rights groups from observing
the upcoming election, repression of the opposition, activists groups ,and the media so closed to
the elections, the government has arbitrarily arrested and detained members of opposition
political parties ,new restriction on media and freedom of expression online, Tanzania authorities
have suspended organizations for perceived political activities and for work of protecting human
rights.

Therefore, due to this prevailing problems of violation of human rights in Tanzanian general
election there was a need to conduct this research so as to come up with weakness on
implementation of existing laws and regulation concern the issue of violation of human rights in
Tanzanian general election ,the outcomes ,then to come with recommendation concern the
problem and hence reach the required standard in accordance to laws and regulation provides the
human rights especially concern with general election, thus this research was so important to be
conducted.

1.3 Research objectives

This research was conducted with the following objectives in mind as evidenced hereunder;

1.3.1 General objectives

The main objective of this study was to determine the existing laws and regulations that provides
for protection of human rights in Tanzanian general elections.

• Specific objectives
Were to

• Identify the existing laws and regulations govern the human rights with regards to the
Tanzanian general elections.
 • Identify the implementation of those human rights during the Tanzanian general
elections.

• Assess the violation of human rights in Tanzania during general elections.

• Propose the solution countering the violation of human rights in Tanzanian general
elections.

1.4 Research Questions

The research was sought to answer the variety of question from which the said questions was
directly obtained from the hereinabove general and specific objective.

• What extent the existing laws and regulations provides govern protection of human right
with regards to the Tanzanian general elections.

• What extent the human rights are implemented and protected during Tanzania general
election?

• What are the violations of human rights in Tanzania during general elections?

• What are the possible measures to be adopted to ensure effective protection of human
rights during Tanzania general elections?

1.5 Significance of the study.

It was the expectation of the researcher that, this study will be paramount importance to all
Tanzanian citizens, different government and non –government organization, political parties,
humanitarian activist and others groups interested with human rights. since the study shall enable
those groups to be aware with existing laws and regulation that provides the rights to the them,
also research intended show how to participate in all process in Tanzania general election, also
the study shall make a deep concentration on how those existing laws and regulations which
provides the rights to the Tanzanian citizen concern general election become implemented and
the outcomes or infringement of those rights toward social, economic, cultural and political
aspects in our country.

Also, this study will helps to explores the alternative measures to be taken by all group like
citizens, government and non-government organization, humanitarian activists, and other group
interested with human rights so as to known those rights, how to claims if infringed, and other
measure to ensure human rights particularly during Tanzania general election become observed.

1.6 Literature review.

In literature review, the researcher looked at and study different literatures which are relevant to
the study. the area of the study is rich in literature as online transaction in Tanzania and other part
of the world, currently expanded at the great extent that entails the legal researcher to base much
on this area because is core sphere in all social, political, and economic development to any
country. In regarding to the violation of human rights during the general elections in Tanzania,
the researcher has tried to the best level to pass various literature materials concerning to develop
much knowledge and understanding over the topic, In doing so the books, journals and articles
that has been formulated concerning violation of human rights in Tanzania general elections and
other countries as well.

Elia Mwanga (2022), found that, the right to vote is among the pillar of the representatives
democracy, the rights promotes democracy by ensuring that citizens participate indirectly in the
affairs of the government of their country by freely electing the leaders they wants. Also examine
the theoretical and practical aspects of right to vote in Tanzania, the author cover also the laws
and practices relating to parliamentary elections in Tanzania and their implications for that rights
to votes, author argues that the right to vote is not effectively guaranteed in Tanzania ,in law and
practices .in particular ,the author demonstrates that the electoral law as well as practices in
Tanzania deny the citizen the right to freely elect their representatives or members of the
parliament. The electoral laws and related practices gives a mandates to few people who make
decisions for the majority. The electoral laws practices make citizens the rubberstamps of
decisions taken by the few instead of their being the key decision makers.

However, the discussion was limited to violation of rights to vote as among the crucial rights to
human beings. but the author fail to make a concentration to others human rights violated during
Tanzania general election by forgetting that all human rights are equal, this means right to votes
only cannot make a Tanzania general election to be free and fair, but also the authors failure to
recommend the measure to be taken to curb the issue (violation of right to votes), under such
circumstance this research will make deep consideration of all human rights violated and to come
up with measure to be taken.

Sam Rbell and Svetlana chernykh (2019), in their book they tried to show on how human
rights affected post-election protest .until recently, post-election process have been explained
primarily by election-related factor such as manipulation and the quality of electoral instutions,
they argue that there are three dimension along which human rights violation influences post-
election protest those dimension includes the physical cost to protesters ,the ability to connect the
violation to an election outcome, and the ability to connect the repressive action to the
government, by using such frameworks they identified that the political imprisonment as the
physical integrity right violation most likely to increase the probability of post-election
protest ,also they found that imprisonment ,a violation easily connected to government action
and election outcome, and less costly physically than other physical integrity rights violations,
increases the probability of post-election protest.

Without neglecting the contribution made by authors in their book, but the book is limited over
the effect of violation of human rights after the election (post-election) only the authors do not
cover pre-election and during the election effect can be occur if the human rights violated,
therefore in this research the effect (outcome) occur under all stage will be discussed.

Sonja C. Grover (2011), according to author this is first book that address the topic of the youth
vote in- depth as a fundamental human rights concern relating to the entitled in democracy to
societal participation and inclusion in influencing policy and law which affects one’s life. Also
the author examined are international prospective on issue of voting age eligibility the youth may
vote as an affirmative participation rights guaranteed in the International Committee of the Red
Cross (ICRC),the author tried to analyses political incentives underlying the legislatives to the
youth votes, also assess the implications the global movement for the youth vote for democratic
institution.

Apart from good contribution especially upon the youth who denies a right to votes in election
but many questions comes that, the youth especially who under age of majority is aware to
participate in election, also it is only the youth who denied this right? what about the special
group like students, dumb, refugee, women and elders under such condition this books is limited
only to the youth, in this research intended to make consideration upon the all special group
rights relating to participating in general election.

L.Muhindindro and G.Haokip (2013), this book attempted to accentuate vital issues of human
right that usually experienced during the course of election time, the authors take as good
example from Indian electoral system and the standard of politics have been deteriorating day
by day, violation of electoral rights on the eve of elections is becoming a general phenomenon in
India and more particularly in the conflict states ,also the authors stated that , extra-constitutional
bodies have often been interfering in the electioneering process which has great impact in the
electoral rights the emerging trend of power dominance in the electoral mosaic, criminalization
of politics and politicization of issue and the culture of’’ might is right’’ are aplenty that
accentuate the causal and effect of electoral rights and eventually led to plutocratic atmosphere.
In emphasing the issue the authors said that electoral conflict and violence become tactics in
political competition that generate plutocracy in lieu of representatives of the people. They
recommend that for success of democracy, a free and fair election is pivotal, by the way all the
citizens should care of their rights which is very vital in the sense that if that if any electorates
misused their rights influencing by various factor, the outcome or representatives to be governed
the nation shall be infamous plutocratic .

Although the authors have much contribution concern the issue of violation of human rights
during the elections and take Indian as good example but their study do not covers much issue
example little rights mentioned, the outcome to that violation do not discussed well, therefore
under this study shall consists numerous number of rights violated during the election and the
solution to the violation occur.

Jack Donnelly’s (2013),according to authors of this books stated that, human rights means
equal, inalienable, and universal, even with cross-cultural relativism considerations, he
ultimately argue that human rights are not culturally relative because culture is not the cause or
factor in the development of human rights ideas and practices and is not necessarily for or
against any particular human rights. Donnelly states “no particular culture or comprehensive
doctrine is by nature either compatible or incompatible with human rights .it is matter of what
particular people and societies make of and do with their cultural resources, by using variety
example from different countries, culture, and in history. Donnelly’s proceed to provides
example that support his arguments of universal rights versus cultural relativism. Much of his
book centers around the Universal Declaration of human rights, which has functioned as an
authoritative body of rights, rooted in human dignity and universality.

Without neglecting the contribution of the author in this research, the author base on question
that “whether there is connection between human rights and cultures” the author fail to link the
violation of human rights and cultures, under such circumstance in this research in little the
researcher will make a consideration upon the how such culture of different contribute the
violation of some human rights in Tanzania.

Amartya sen (1999), he is an important author ,economist, and philosopher for anyone in human
rights work ,he is perfect example of his expertise and deep understanding of human right ,the
author argues that human freedom should be both the means and the end of development ,rather
than a casually of it, as often the case ,he advocates for an integrated approach to development
that involves multiple institution and creates freedom such as economic opportunities, political
freedom, social support, transparency from authorities and security of society, Sen. argue that
freedom must be central to development in order to create sustainable and effective change. He
argues that development as freedom is an important theoretical text for anyone studying or
working in human rights, especially for those in the development field.

Although the author contributes on how there connection between human rights and
development in social, economic, and political aspects, but failure to shows those development to
those aspect so as to be well understood to the readers, therefore in this research also the
consideration will be on contribution of human rights in development and the outcome of
violation of those rights especially during the general election in Tanzania.

1.7 Research Methodology

the researcher presented the justification for the methods and tools so selected.it included
research design, study area, population, sample and sampling strategies, data and data collection
method as well as data analysis.Under this area the researcher addressed the methods and tools
proposed to be used when conducting the study, includes;

1.7.1 Research Design

Since research was conducted base on the human rights sphere specifically on violation of
human rights in Tanzanian general elections, the researcher used practical fieldwork and library
searches to contact the relevant authorities, the search is mainly based on the street where the
citizens suffered a violation of their rights specifically during the general election and in the
library.

1.7.2 Description of study area

This study was conducted at Moshi Kilimanjaro streets, where by the citizens was first priorities
to this research because research base to them, the second group was political leaders and
humanitarian organizations in Moshi Kilimanjaro which were easily to access to information
from those targeted group.

1.7.3 Sample and Sampling technique

1.7.3.1 Sample size

The sample survey included 20 individuals selected during the data collection process. whereas
(10) among them were Tanzanian citizens, (5) are political leaders, (2) officers from the
humanitarian organization, and (3) lawyers, that the rationale behind was to enable the researcher
to obtain the information needed to support this study.
1.7.3.2 Sample unity
The sample unit of this study consists of twenty (20) randomly selected respondents who were
Tanzanian citizens, lawyers, humanitarian activist officers and political leaders who have already
participate the general election in Tanzania.

This technique is based on probability or random sampling. A probability sample refers to a

sampling method that gives every possible combination of sample an equal chance of being
detected and gives every item in the overall population an equal chance of being sampled. The
technique used; was to select respondents they were interviewed after being chosen randomly
just by virtue of their position.

1.7.3.3 Sampling technique

This technique was based on probability or random sampling. A random sample refer to a
sampling method that gives every possible combination of samples an equal chance of being
detected and gives every item in the overall population are equal chance of being sampled. The
technique which used, to select respondent in the relevant localities in the research was done.

1.7.4 Sources of data

In manner of conducting this study, the researcher used both primary and secondary data,
whereby primary data was obtained from the field and secondary data was from documentary
review.

1.7.4.1 Primary data

The researcher interviewed few selected individuals, that included lawyers and humanitarian
officers. The researchers used questionnaire to some individuals such as Tanzania citizens,
political leaders and some lawyers.

1.7.4.2 Secondary data

The secondary sources of data were obtained through variety of document reviews, including
books, articles, journals, reports, research papers, web sources, and other similar sources that
contain data from other authoritative sources created by the researcher.

1.7.5 Data collection methods

The researcher used different methods of data collection. The researcher used the interview and
questionnaire methods to obtain crucial information.
1.7.5.1 An interview
The interview is a structured conversation in which one participant asks questions and the other
gives answers. An interview refers to personal conversation between the interviewer and the
interviewee. The researcher asked questions that the respondents answered, in manner of
obtaining information.

1.7.5.2 Questionnaire
The researcher employed questionnaire as one among of the data collection method, the
researcher thinks just to employs questionnaire to some respondents since it helped the
researcher to get information from people in non-threatening way. Here the researcher was able
to distribute about (questionnaires to respondents for this study. This questionnaire was
structured and standardized in to both open and closed ending questionnaire. This questionnaire
was administered to Tanzania citizens who have already participated in general election, political
leaders and some lawyers. the researcher thinks just to employ the said approach seem to be
favorable to many respondents to answer freely.

1.7.6 Data analysis

The researcher was manually summarized various data from the interview schedules, researcher
took care not to distort meaning, and then the researcher analyzed the processed data, and the
numbers are summarized with a descriptive percentage to help evaluate the effectiveness of the
legal problem concern the violation of human rights during the Tanzania general elections.
REFERENCES
STATUTES

The constitution of United Republic of Tanzania (CURT), CAP 2 ,As amended time to time ,of
(1977).

The Universal Declaration of Human rights (UDHR) of 1948.

The National Election Act (CAP 343), 2015.

The National Election (Presidential and Parliamentary Election) Regulation. Act No 402, of
2020.

The Political Parties Act (CAP 258) RE 2019.

CASES

Christopher Mtikila V Attorney General (1995) TLR 31

BOOKS

Andrew Heywood (2022)” The evolution of Human Rights” London.

Sam R Bell and Suitlana Chernyikh (2019) “Human Rights Violation and Post-Election protest”
vol 72(2) pp460-472.

Sonja C. Grover (2011) “Young People Human Rights and Politics of Voting Age” vol 6.

JOURNALS AND ARTICLES

Amartya Sen (1999) “Development as Freedom” sources, version IV

Jack Donnelly’s (2013) “Universal Human Rights in Theory and Practices”3 edition.

APPENDIX
MASWALI KWA RAIA YEYOTE AMBAYE ALISHAWAHI KUSHIRIKI UCHAGUZI
MBALIMBALI NCHINI TANZANIA

Mimi ni JAMES LAMECK OUKO ni mwanafnzi wa Sheria mwaka wa Tatu katika chuo kikuu
cha ushirika iliopo Moshi,Kilimanjaro.Nafanya utafiti kuhusu “Ukiukaji wa haki za binadamu
Nchini Tanzania katika kipindi cha uchaguzi mkuu,katika mtazamo wa kisheria na utekelezaji
wake”,hivyo basi nakuomba unisaidie kujaza taarifa hizi ili niweze kufanikisha utafiti uu ambao
inalengo la kubaini,kutatua tatizo la ukiukaji wa haki za binadamu nchini Tanzania katika kipindi
cha uchaguzi mkuu.

1. je,we ni raia halali wan chini ya Tanzania?

Ndiyo { } Hapana { }

2. Je umeshashiriki mara ngapi katika uchaguzi mkuu wa Tanzania?

………………………………………………………………………………………………………
………………………………………………………………………………………………………

3. Je, unafahamu haki zako katika mchakato mzima wa uchaguzi?

Ndiyo { } Hapana { }

4. Taja haki unazofahamu kwamba ni haki zako kuhusiana na ufanikishaji wa uchaguzi mkuu
nchini Tanzania?

• ………………………………………………………………………………..

• ………………………………………………………………………………..

• ………………………………………………………………………………..

• ……………………………………………………………………………….

• ………………………………………………………………………………

5. Je, haki hizo ulizozitaja zinalindwa na kuzingatiwa kweli nchini Tanzania kipindi cha
uchaguzi

Ndiyo { } Hapana { }

6. Toa sababu kwanini umejibu hivyo katika swali la 5

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
7. Je, ni nini ushauri wako kuhusiana na swala hili la ukiukaji wa haki za binadamu katika
mchakato mzima wa uchaguzi Nchini Tanzania katika mtazmo wa kisheria na kiutekelezaji ?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

APPENDAX II
MASWALI KWA AJILI YA VIONGOZI MBALIMBALI WA VYAMA ZA SIASA NCHINI
TANZANIA.

Mimi ni JAMES LAMECK OUKO,mwanafunzi wa sharia mwaka wa tatu,chuo kikuu cha

Ushirika iliyopo Moshi Kilimanjaro,nafanya utafiti kuhusu “ukiukaji wa haki za bainadamu
nchini Tanzania katika kipindi cha uchaguzi mkuu katika mtazamo wa kisheria na
kiutendaji”Hivyo basi naomba ushirikiano wako katika kujibu maswali yangu ili kufanikisha
utafiti wangu na kuweza kufanikisha kupata shahada yangu ya kwanza ya sharia.

1. Je, una nafasi gani katika chama chako cha Siasa?

………………………………………………………………………………………………………
………………………………………………………………………………………………………

2. Je, una mda gani sasa katika ulingo wa siasa mpaka sasa? (weka tiki katika miaka sahihi

Miaka (1-5) { }

Miaka (6-10) { }

Miaka (10-15) { }

Miaka (16-na kuendelea) { }

3. Je,unafahamu haki za raia na chama chako katika kushiriki ipasavyo katika mchakato mzima
wa uchaguzi mkuu wa Tanzania?

Ndiyo { } Hapana { }

4. Hebu taja haki za raia katika kushiriki katika uchaguzi mkuu wa Tanzania

• ……………………………………………………………………….

• ……………………………………………………………………….
 • ……………………………………………………………………….

• ……………………………………………………………………….

• ……………………………………………………………………….

5. Taja haki za vyama vya siasa katika kushiriki katika mchakato mzima wa uchaguzi Nchini
Tanzania

• ……………………………………………………………………….

• …………………………………………………………………………...

• …………………………………………………………………………...

• …………………………………………………………………………….

• ……………………………………………………………………………

6. Je haki hizo zote ulizotaja katika swali 4 na 5 za kiraia na za vyama vya siasa zinalindwa
kweli katika mchakato mzima wa uchaguzi Nchini Tanzania?

Ndiyo { } Hapana { }

7. Ni nini ushauri wako katika kuhakikisha haki za binadamu na za vyama vya siasa zinatiwa
mkazo hili kuwa na uchaguzi wenye uhuru na uwazi Nchini Tanzania?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

APPENDAX III.

INTERVIEW GUIDE FOR HUMANITARAIN RIGHTS ORGANIZATION OR

ACTIVIST.

I am JAMES LAMRCK OUKO a law student in LL.B III(third year)at MOSHI COOPERATIVE
UNIVERSITY in MOSHI,KILIMANJARO,I am carrying out research about the “Violation of
Humanitarian rights in Tanzania general election; laws and practices “kindly answer this
interview guide to enable me achieve this objective.
1. What kinds of human rights which must be observed during the Tanzanian general election?

2. What kinds of rights political parties have to enjoy during Tanzania general election?

3. What kinds of rights government organization, non-government organization must enjoy

during Tanzania general election?

4 .what the kinds of human rights violated during Tanzanian general election?

5. What kinds of steps taken by humanitarian organization or activist to protect the violation of
human rights in laws and practices?

6. How many percentage your effort become successfully? And why so.

7. How many percentage yours efforts fail to protect the human rights especially during the
Tanzania general election? Why so.

8. What kinds groups violate the human rights during the Tanzania general election?

9. How does Tanzania legal frameworks protect the violation of human rights during Tanzania
general election?

10. What the measure required to be taken to handle the violation of human rights especially
during the Tanzania general election?

11. How do you plan to contribute in protection of human rights violation in Tanzania especially
during the general election?

CHAPTER TWO

ANALYSIS OF THE LAW ON VIOLATION OF HUMAN RIGHT IN TANZANIAN

GENERAL ELECTION.

2.0 Introduction.

This chapter can also try to demonstrate the consistency of the law governing the specific field of
violation of human rights especially during the general election. The few examples of Tanzania
laws and international arena that include violation of human rights especially in election right;

2.1 International legal framework arena of the human rights.

2.1.1 The universal Declaration of Human Rights (UDHR).

This is milestone document of human rights that govern the all-state belonging to United
National, where by Tanzania is among the member of united national, preamble, provides that

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of the
members of the human family is foundation of freedom, justices, and peace in the world.”

Furthermore, this covenant under article 21 provides as follows under sub article;

• Everyone has the right to take part in the government of his country, directly or
government freely chosen representative.

• Everyone has a right of equal access to public service in his country.

• The will of the people shall be the basis of authority of the government, this shall be
expressed in periodic and genuine election which shall be by universal and equal
suffrage and shall be held by secret vote or equivalent free voting procedures.

All article of Universal Declaration of Human Rights provides the all human rights which must
be observed in different states but under article 21 of said covenant provides article concerns the
election in general which require the full participation in election to be free to choose or to be
chosen, also secret vote and voting procedure to be clear as well, these rights recognized as
political human rights.

2.1.2 International covenant on civil and political right (ICCPR).

This is a multilateral treaty that commits nations to respect the civil and political rights of
individuals, including the right to life, freedom of religion, freedom of speech, freedom of
assembly, electoral rights to due process and a fair trial, on 11 june1976 Tanzania rectified this
covenant to be as member of this covenant ,also article 2 specifically outline the obligation of the
state’s parties to the covenant ,where every states required to undertake to respect ,also Under
article 2-5 . Obliges parties to legislate where necessary to give effect to the rights recognized in
the covenant, and to provide an effective legal remedy for any violation of those right, it also
requires the rights be recognized without distinction of any kind such as races, colour, sex,
language, religion, political, or other opinion, national, or social origin, property, births or other
status.

The international covenant on civil and political rights is considered a seminal document in the
history of international law and human rights ,along with the international bill of human rights
along with the international covenant on economic ,social, and cultural and universal declaration
of human rights, this is covenant monitoring with United National Committee which reviews
regular reports of states parties on how the rights are being implemented .states must report one
year after another concern the human rights observation to their territories.
2.1.3 African Charter on Human and People Rights (ACHPR).

This charter govern all Africa states includes Tanzania, according charter every individual shall
have the right to the respect of the dignity inherent in a human being and to recognition of his
legal status. All form of exploitation and degradation of man particularly slavery, slave’s trade,
torture, cruel, inhuman, or degrading punishment and treatment shall be prohibited. Article 62
provides that

“ Each states party shall undertake to submit every two years, from the date the present
charter come into force, a report on the legislative or executive “

The aim of this charter is to ensure the human right to be respected, fulfill and protected to all
Africa states, therefore the periodic report from executive, parliament or non-government
organization report is very important to ensure the observation of human rights particularly in
social, political, and economic rights.

2.1.4 East Africa Charter on Human Rights and Peoples Rights.

This is regional human rights instrument adopted by the member states of the East Africa
Community EAC aimed to promote and protecting the human rights and fundamental freedom
within the region, article 26 provides that

1 Every citizen of the partner states is free to make political choices, which includes the rights to

• Form or participate in forming a political party

• Participating on activities of or recruit members for political and

• Campaign for a political party or cause

2 Every citizen of the partner states has the rights to free, fair and regular election for

• Any elective public body or office and

• Any offices holder of any political party of which the citizen is a member

3 Every adult citizen of partner state has the rights to

• Be registered as a voter and to vote in any election referred to subsection 2 and any
referendum and

• Stand for public office, or office within political party of which he or she is a member
and if elected to hold office.”
The east Africa community human and people rights bill recognize and provide the all rights
relating to political issue which must be adhered by the states which a member of community
which Tanzania is among the member of East Africa Community EAC.

2.2 Domestic Legal Regime Relating to Human Right Specifically Political Right.

The Tanzania legal system has a number of laws that govern the human rights specifically
political right in general election in Tanzania, the most notable of these laws is the National
Election Act CAP 343 RE 2019, which includes various section which stipulates on human rights
specifically election right in Tanzania. Other legislation also contains scattered provision on
human right specifically election rights.

2.2.1 The Constitution of United Republic of Tanzania.

The constitution is a mother law in Tanzania all laws is originated from it, the constitution itself
recognize all human rights from article 11-24 ,but there some article which provide a right to the
people to participate in general election conducting in Tanzania, this specifically provided under
article 5 provide that

“Every citizen of united republic of Tanzania who attained age of eighteen year is entitled
to vote in any election held in Tanzania, this right shall be exercised in accordance with the sub
article 2 and of the other provision of this constitution and the law for the time being in force in
Tanzania in relation to public election”.

The Tanzania as mother law make some clarification upon the whole election right which every
Tanzanian who attained the age of majority must attained with exception under sub article 2 of
the same article, also constitution recognize right of equality before the law under article 12
provide as follow;

• All human being is born free and are all equal

• Every person is entitled to recognition and respect for his dignity

This right of equality makes all persons to be equal regardless of his or her position, colour, and
tribe’s political parties or by any means, under such condition all Tanzanian are equal to
participate to all public affair like general election of Tanzania.

2.2.2National Election Act.

The national election act is major law that govern all manner of general election in Tanzania to
almost all provision of the act, good example section 13-18 provide for Qualification and
disqualification for registering as voters and voting ,section 19-24 provide the manner of
registration for the voters, section 41-47 provides the election procedure ,section 48-52 provides
for qualification of being a candidates in Tanzania ,section 64-67 provides manner of election
campaign and section 129 -131 provides for manner of avoidance of election if there
infringement of the rules ,or principle of election .under this National Election act people have
obligation to adhere all procedure required under this act so as to acquire their crucial rights in
participate directly to different election particularly general election in Tanzania, this act is
mother legislation which governing the whole process of any election conducting in Tanzania,
also this legislation recognize a right of equality to all persons ,good example in section
qualification of all candidates become the same regarding of colour, tribes, and other thing
similarly.

2.2.3 Political Parties Act.

This is act governs the manner of all political parties in Tanzania particularly concern the all
election in Tanzania, this act provides the rights to the political parties under section 11(c)
provide right of political parties to hoist flags, rights to hold general meeting as provides under
section 11(1) provides as follows

Every political party provisionally or fully registered shall be entitled

• To hold and address public meeting in any area in the united Republic of Tanzania after
giving notification to the police officer in charge of the area concerned for purpose of
publishing itself and orderly meeting

• To the protection and assistance of the security agencies for the purpose of facilating
peaceful and orderly meetings.

The political parties in the legal eyes look as legal person, under such condition it have a right as
mentioned under various political party’s act, also the same act provides the obligation which the
political parties must comply with when carrying their daily activities concern the political issue.
2.2.4 Media Services Act.
This Act regulates media operations in Tanzania and includes provisions that could restrict media
access or freedom of expression, particularly if there are provisions related to reporting on
elections or political activities, example of those section are;
Section 3 this section outlines the objectives of the Media Services Act, which may include
provisions related to promoting responsible journalism and media ethics during election periods.
Section 5 Deals with the registration and licensing of media outlets and journalists, which could
indirectly affect media access and freedom of expression if there are restrictions or requirements
imposed on registration during election periods.
Section 56, This section specifically addresses restrictions on broadcasting content that may
incite violence or hatred, which could impact the coverage of election-related events and
expressions of political views.
Section 59, Deals with restrictions on publishing false news, which may have implications for
freedom of expression and journalistic reporting during elections if interpreted broadly.
Section 60, Provides for offences related to publishing seditious or defamatory content, which
could restrict media freedom during election periods if used to suppress legitimate reporting or
criticism.
These sections of the Media Services Act, among others, collectively shape the regulatory
framework governing media access and freedom of expression in Tanzania, including during
general elections.

2.3 International Cases Concerning About Alternative Dispute Resolution

Ibrahim ben Mohamed ben Ibrahim Belguith vs Republic of Tunisia.

The applicant alleged that the President of the country abrogated the Constitution, halted the
democratic process and arrogated to himself additional powers by promulgating several decrees,
pertaining, inter alia, to the suspension of the powers of parliament and the termination of the
duties of the head and members of government. The Court found that the decrees challenged in
this application not only were not promulgated in accordance with the legal procedures provided
for by the Constitution, but also that they disproportionately disrupted the work of the
government including that of elected institutions. In this regard, the Court concluded that nothing
on the record indicated that the measures introduced by the decrees to resolve the dispute among
the government organs and reinstate the normal functioning of the state were taken after
consideration and implementation of other less restrictive measures; consequently, they were not
proportionate for the purposes they were adopted. Therefore, the Court found a violation of the
right of the people to participate in the conduct of public affairs pursuant to Article 13 (1). In
addition, the Court found that the failure by the Respondent State to operationalize its
Constitutional Court to give effect to its citizens’ right to be heard by enabling them to challenge
the constitutionality of presidential decrees, violated their right to participation in political affairs
of their country directly and through their freely chosen representatives, therefore the Court
concluded that there was also a violation of Article 1.
Oumar Mariko v Republic of Mali.
The applicant is a medical doctor and a member of the National Assembly of the Republic of
Mali. He alleged that the respondent State violated, inter alia, his rights to equality before the law
and to equal protection of the law. He also alleged that the respondent State violated, in relation
to the 2018 presidential elections in which he was a candidate, the obligation to establish an
independent and impartial electoral body and to also establish electoral lists in a transparent and
reliable manner and his right to be elected in periodic and transparent elections by universal and
equal suffrage. The Court held the view that the overlapping jurisdictions of the various election
management bodies (CENI, DGE and MAT) provided for in the electoral law, and the lack of
transparency in their relations, have a negative impact on the independence and impartiality of
the CENI, which, as an electoral body, already has sufficiently clear attributions., the Court
found a violation of Article 17(1) of ACDEG and Article 3 of the ECOWAS Protocol on
Democracy by the respondent State of its obligation to establish and strengthen electoral bodies.
However, the Court noted that the rights to vote and to be elected are enshrined in the
Constitution and the applicant did not demonstrate that by law or any procedure whatsoever the
respondent State violated his suffrage rights in the 2018 presidential election.
Gabriel Shumba and Others vs The Republic of Zimbabwe .
The complainants, Zimbabwean citizens residing abroad, asked the Commission to determine
whether the restrictions placed by the Respondent State on the right to vote on the basis of
residency constitute an acceptable limitation and whether allowing only a specific category of
citizens to vote from abroad - those in government service - while others have to travel back
home to vote is discriminatory or amounts to unequal treatment. The Commission noted that the
general trend of State practice around the globe is towards a more inclusive approach to the
voting rights of non-residents; nevertheless, deviations or alternatives to the general trend are
still retained by States and these deviations are not so out of sync as to be considered
unacceptable. Therefore, the Commission concluded that in this instance, the right to participate
in government within the meaning of Article 13 (1) does not extend so far as to guarantee non-
residents the right to vote from abroad.
2.4 Domestic cases concerning about Human Rights specifically Election Rights cases.
Jebra Kambole vs United Republic of Tanzania.
The applicant alleges that the respondent State violated his rights under the Charter by
maintaining article 41(7) in its Constitution, which prohibits any court from inquiring into the
election of a presidential candidate after the electoral commission has declared a winner. In its
examination of the application, the Court emphasized that while article 41(7) of the respondent
State’s Constitution is, seemingly, neutral and in principle applies to all citizens, this provision
does not have the same effect on all citizens. The Court established that by out rightly barring the
domestic courts from considering a complaint by anyone in relation to the results of a
presidential election, article 41(7) treats citizens that may wish to judicially challenge the
election of a president differently and less favorably as compared to citizens with grievances not
related to the election of a president, who are not equally barred from pursuing a remedy before
the courts. Therefore, the Court found a violation of Article 2 of the African Charter on the
applicant's right to be free from discrimination. The Court further ruled that, considering that
decisions of the Electoral Commission in relation to the election of a president may have an
effect on the rights to be enjoyed by citizens, it is anomalous that citizens have not been provided
with an avenue for invoking judicial scrutiny of these decisions; therefore, article 41(7) of the
Tanzania's Constitution also violates Article 7(1) (a).
Christopher Mtikila and Others vs United Republic of Tanzania.
The question in this case were whether the Tanzania regulation prohibiting independent
candidates from seeking public office is unconstitutional?
Applicants contend that the constitutional and statutory provision are in conflict. The Tanganyika
Law Society contends that the ability to introduce restrictions on candidacy and responsive to the
social needs of the country. Tanganyika Law Society further argues that the applicant lacks
standing because he formed his own political party. National Assembly of the United Republic of
Tanzania passed a law requiring all candidates for Presidential, Parliamentary and Local
elections either ascertain a sponsor or be a member of a political party. The applicant contended
that this provision conflicted with the Constitution and was therefore void. The provision was
declared unconstitutional. The National Assembly subsequently passed a law which negated the
judgment of the High Court. The applicant against filed suit and won, whereby the court declared
the law unconstitutional. The Attorney appealed the declaration by the High Court. The Court of
Appeals held the law constitutional and thereby disallowed candidates from running as
independents.

RESEARCH FINDING AND DISCUSSION

3.0 Introduction
The parties may have some flexibility as to how the human rights during the general election
become violated, the parameters generally have been agreed to in advance of the disputes .this
chapter entails the results of the study .According to several respondents interviewed, it was
established that a good number of them frustrated with this situation in Tanzania general election.
Hence following are the research finding and discussions on the research basing on the research
hypothesis which were assumed in the first chapter.
3.1 Finding and Discussion on Effectiveness of the Laws.
The research has come to the conclusion that the legal analysis of the laws is weak on the proper
ways of ensuring the effectiveness of human rights protection in Tanzania. The following are the
notable weaknesses of the laws on this aspect with regard to the laws regulating human rights
especially general elections rights in Tanzania.
3.1.1 The matter of freedom of expression and media access.
In Tanzania, restrictions on freedom of expression and media access during the general election
are primarily governed by Electoral Act under section 25, This law outlines the rules and
regulations governing general elections in Tanzania, including provisions related to media
coverage and freedom of expression during election periods. Also Media Services ActThis Act
regulates media operations in Tanzania and includes provisions that could restrict media access
or freedom of expression, particularly if there a re provisions related to reporting on elections or
political activities.
These laws are designed to ensure fair and orderly elections but can also include provisions that
restrict media freedom and expression especially limitation on reporting certain aspect of the
election process or some restriction on the dissemination of election-related information, under
such weakness of some provisions to those acts mentioned there are need to be amended or
repeal provision that impose undue restriction on media reporting or public expression of
political opinions.
3.1.2 Application of the Constitution in relation to appointment, composition, and power of
National electoral commission (NEC).
Article 74 provides that national electoral commission consists of seven members winted by
thent ,the secretary of the commission enjoy security of tenure of office and can only remove
from the office by the president for failure to discharge their functions either due to illness or
misconduct. Also commission given many power and functions particularly election processes,
but the remained fact is that for the matter of free and fair general election in Tanzania there is a
needs for amendments or repeal some provisions governing appointments, composition, and their
powers to enhance independence and impartiality, also the amendment must cover clearly criteria
and procedure for the appointment and removal of electoral commissioner and minimizing
political interference.
3.1.3. Lack of clarity of the laws on registered voters who is away from registratr.
The National election Act provides for procedures that are required to Tanzanian citizen to
follow in manner to be one among the voters during the general election in Tanzania, procedure
for registration outlined under section 24,but the law is unclear and non-specific remedies or
procedures to follow to those voters who during the voting day are not around to their registered
center, there is a need of amendment to procedure and way forward for such kinds of voters who
missing the constitutional rights to voting ,this rights run together with article 17 ,which allow
rights of all citizen to make a movement anywhere to Tanzania ,the question come if constitution
provides both rights why those voters who become away from register center are denied to vote
to another voting stations. The amendment required to cover the issue so as to ensure free and
fair election.
3.1.4 Legal Remedies and Disputes Resolution.
The constitution under article 13 gives right to fair hearing ,article 30 provide for protection from
inhuman treatment, this provides foundational rights that can be invoked in cases of election
violation impacting human rights, also National election act provides the procedure to
challenges election results and other dispute related with election like human rights violation
during general election, but the fact is remaining that there is a need of amendment on matter
relating to disputes resolution ,the amendment that cover streamline procedure, to ensure timely
adjudication and provides effective remedies, example amendment to establish specialized
electoral court or tribunal with expertise in electoral law and expedited process for handling
election-related disputes.
3.2 Deficiency on the Implementation of election laws and regulation.
The research found that the implementation of laws and regulations provides the human rights
specifically during the general election is deficient. The respondents identified several challenges
that leads for such deficient as follows;
3.2.1Political interference and partisanship
The main challenge. that contribute. the existence of human right violation is political
interference from the political leader who in one way or another in order to succeed their need or
position in political angle ,they found themselves infringe the human rights especially those
rights relating to general elections.
3.2.2 Inadequate legal frameworks
The issue relating to legal framework become huge challenges on adherence of human right in
Tanzania general election ,some legal framework provide restriction ,and some provide much
power to some authority which in one way or another. contributed the violation of human right
during the general election.
3.2.3 Limited access to justice
The mode of accessing the justice to the citizen when faced with such incidents of violation
human rights become difficult to them especially adjucation process is not friendly to them ,the
society vision and lack of knowledge upon good mode of acquiring the justice.
3.2.4 Media restriction
During the general election there tendency of banning and restrictions to the media especially on
publishing the election issue this hinder this contribute the human right vio.ation in Tanzania
general election.
3.2.4 Ethic and Regional Tension
Sometime ethical and regionalism contributed the violation of human rights in Tanzania general
election,through regionalism some people denied the right relating to election good example the
one who must be elected in some area must birth in that area not otherwise and other issue
which neglect the human rights which fall under ethic and regional tension.

3.3 violation exists during the general elections in Tanzania.

The researchers found that there is many violation of human rights exists in Tanzania general
election ,after responses and different reports from different Humanitarian organization the
following are those violation exists ,includes;
3.3.1Freedom of Expression.
Freedom of expression further deteriorated in 2020, mainly due to existence and implementation
of restrictive laws. This reporting year saw bans, suspensions and/or fine punishments for at least
ten media outlets, through implementation of the Online Content Regulations 2018, which have
been faulted for not meeting international human rights standards, particularly those relating to
freedoms of expression, assembly and association, Further, one year on since the East African
Court of Justice (EACJ) declared sixteen sections of Tanzania’s Media Services Act of 2016 to
be in violation of freedom of expression and Articles 6(d) and 7(2) of the Treaty for the
Establishment of the East African Community, and consequently directing amendment of the law
to bring it in line with the Treaty and international human rights standards, the law is yet to be
amended by the Parliament. Also the year 2020 was also characterized by decline in internet
freedom, which was largely contributed by existence and implementation of restrictive laws such
as the Cybercrimes Act 2015 and the Online Content Regulations 2018 (and later 2020). There
were also reported disruptions of internet in different parts of Tanzania, affecting civil, political,
and economic rights of internet users.
3.3.2 Freedoms of Assembly and Association.
Regarding political assemblies, as Tanzania headed towards the general elections, opposition
political parties continued to lament arbitrary restrictions on such assemblies, which are not in
line with international standards on freedom of assembly. These parties included ACT-
Wazalendo and CHADEMA, which also lamented arbitrary arrests for unlawful assembly.
Amendment of the Basic Rights and Duties Enforcement Act (BRADEA) in 2020 raised
eyebrows in Tanzania and beyond, given its ramifications for human rights protection, including
its curtailment of freedom of association.also In terms of freedom of association of NGOs, the
year 2020 witnessed freezing of bank accounts of the Tanzania Human Rights Defenders
Coalition (THRDC), which is not in line with international standards on freedom of association.
The freezing of the bank accounts is an example of negative impact of restrictive laws governing
NGOs, which reduce civic space.
3.3.3 Right to Take Part in Governance.
Right to take part in governance, it includes citizens’ right to vote and be voted for public office
and the right to participate in political life. In 2020 was vital for realisation of this right as
Tanzania held its sixth multiparty elections. Key issues relating to the right to take part in
governance that emerged and were subject to public debate included: allegations of corruption
among political aspirants; voter and civic education; election observation; disqualification of
political aspirants; opportunity to challenge presidential election results; and independence of the
electoral body. LHRC documented four incidents involving 24 political aspirants implicated in
corruption to secure nominations or influence votes, including at party level. These incidents
were reported in Pwani, Mtwara, Arusha, and Kigoma Regions.
In July 2020, the African Court on Human and Peoples’ Rights (the African Court) delivered its
judgment in the case of Jebra Kambole v United Republic of Tanzania, in which the applicant
was contesting the provisions of Article 41(7) of the Constitution Tanzania, which bars any court
from inquiring into the election of a presidential candidate after the Electoral Commission has
declared a winner. The Court found the provision to be in violation of Articles 2 and 7(1) (a) of
the African Charter on Human and Peoples’ Rights and ordered amendment. Also The build up to
the 2020 General Elections was characterized by complaints of unfair disqualification of political
aspirants by returning officers, concerns over the Political Parties Act (as amended in 2019),
concerns over voter turn-out, and questions over the independence of electoral body, NEC. In
mid-September 2020, NEC revealed that by 17th September 2020, it had received a total of 616
political aspirant nomination appeals, of which 160 were from aspirants of parliamentary seats,
and 456 were from councillorship aspirants. LHRC was able to document complaints of at least
52 political aspirants, majority of which were on unfair disqualification by returning officers.
Regarding the independence of NEC, key concerns raised by some of the opposition parties and
other stakeholders included the structure of electoral body and its members being strictly
presidential appointee.
3.3.4Freedom from torture.
Freedom from torture is a basic human right protected under the regional and international
human rights treaties. In 2020, LHRC documented at least six incidents of torture and inhuman
or degradting treatment. These incidents were reported in Kilimanjaro, Mbeya, Morogoro, Dar es
Salaam, and Mara Regions. There were also several reported incidents of child torture. During
the human rights survey, 8.8% and 33.5% of survey participants indicated that it is likely and
very likely respectively to be subjected to ill-treatment/physical abuse while under police
custody.many who arrested and tortured were oppositional parties members good example
CHADEMA members like Ben Sanane and others, humanitarian activists, some musician who
use their talents to show the government evils good example Roma Mkatoliki and other similar
violation.
3.3.5Right to Liberty and Personal Security.
Right to liberty and personal security is an essential human right, and includes freedom from
arbitrary arrest and detention, right to personal security and right to bail. During 2020 general
election the right to liberty and personal security continued to be affected by arbitrary arrests
and detentions; attacks and killings of oppositional leader, bodaboda drivers; denial of bail;
trumped-up charges; delays in conducting and completing investigations; and human trafficking.
Also In 2020, LHRC documented at least seven reported incidents of arbitrary arrests and
detention. Nevertheless, it is worth noting that most of these incidents go unreported. Violations
of the right to bail also persisted in 2020. During the human rights survey, 9.5% and 12.7% of
survey participants indicated that it is likely and very likely respectively to pay bribe for police
bail. LHRC documented at least eight reported incidents of denial of bail but Concerns over slow
pace of investigation and trumped-up charges were raised by top government officials, including
the President and the Minister of Home Affairs.
3.4 Conclusions
The human rights violation in Tanzania is crucial because almost all aspect (social, cultural,
economic and political) rights become infringed by citizen themselves, political leaders,
government organization, non –government organization and government apparatus like army
and polices, but also the laws and regulations have great weakness in terms of formation (some
provision are not clearly) and enforcement of those laws and regulation render many violation of
human rights in Tanzania.
 CHAPTER FOUR
CONCLUSION AND RECOMMENDATIONS
4.0 Introduction
This chapter contains the conclusion and recommenditions arrived basing on all result of this
study.
4.1 Conclusion
The analysis of Tanzania laws and international legal frameworks reveal both strengths and
weaknesses in protecting human rights during the general elections. While Tanzania has ratified
key international agreement like the Universal Declaration of Human rights, 1948 and the
international covenants on civil and political rights, but there are significant gaps in
legalframework and implementation. The research findings highlight both international and
Tanzania legal framework how govern the matter violation of human right during the general
election,the gap exists to those legal framework especially in terms of legal framework and in
terms of implementation to those legal framework ,also research cover all violation of human
rights that exists during the general election in Tanzania, then the research highlights the way
forward or recommendation to handle or to remove both legal framework and implementation
lacuna exists so as to ensure a good series on adherence of human right during the general
election in Tanzania.
4.2 Recommendations
In order to avoid either totally or diminishing in great degree of occurrence of violation of human
rights during the election periods there is a need to ensure different mechanism in terms of legal
framework reform as well as implementations, good example of way-forward to avoid the
violation of human rights include;
4.2.1Strengthening legal frameworks,
There is a need of amendments or repeal and enforces existing Laws such as Constitution of
United Republic of Tanzania (CURT), National Election Act, Media Service Act and other laws
so to ensure that those laws become closely with international human rights standard, apart that
to amend or repeals some provision on our laws that in one way or another violate the human
rights especially during the general election, this including removing dangerous or restrictive
provision that may hinder freedom of expression and media access during election period in
Tanzania.
4.2.2 Enhancement of the judicial independence
To ensure that the judiciary remains independent and capable of adjudicating disputes related to
human rights violation during the election impartially. This may involve additional training for
judges and magistrates on international human rights standards and domestic electoral law,only
this is not enough the judicial required to be free from political interferences ,this will able
judges or magistrates to adjudicate fairly.
4.2.3 ToPromote Civil Society Engagement,
 This way Foster an environment where civil society organizations can operate freely and
actively monitor election processes. Provide support and protection for civil society actors who
work to promote and protect human rights during elections. the main tool to ensure the
occurrence of society engagements is through education and creating awareness to society upon
the entire human rights especially those rights exists during the general election and the remedy
available when there is infrangement by any means.
4.2.4 Improvement Electoral Commission Transparency,
This may Enhance transparency and accountability within the electoral commission to ensure
fair and impartial management of elections. This includes mode of the one to be a member of
commission to be amended as stipulated under article 74 of Constitution of United Republic of
Tanzania,1977, also adherence of all election procedures and regular reporting on election
procedures and mechanisms for addressing complaints of electoral malpractice.
4.3 Conclusions.
Implementing these recommendations can contribute to a more robust legal framework and
implementation mechanism for protecting human rights during general elections in Tanzania. By
addressing these issues comprehensively, Tanzania can strengthen its democratic institutions,
uphold the rule of law, and promote inclusive political participation for all its citizens,
government organization and non-government organization and other groups of people.