The three NGOs argue Tanzania’s media law infringes on rights and freedoms of media and journalists. PHOTO | FILE
Last week on Tuesday, three Tanzanian NGOs filed a case at the
East Africa Court of Justice (EACJ) over a 2016 law that they say
violates press freedom.
The Media Council of Tanzania,
Legal and Human Rights Centre and Tanzania Human Rights Defenders
Coalition argue that the law “violates” international conventions
ratified by the East African Community, according to MCT executive
secretary Kajubi Mwakajanga.
The law in question has
been criticised by the media community for being too vague in its
definition of what constitutes a journalist, with bloggers or anyone
posting information on social media sites included. The law requires
journalists to register themselves as such, which critics argue is a
restriction on freedom of expression.
The three NGOs
told the First Instance Division of the EACJ that the Act is a threat to
press freedom and freedom of expression and thereby violates Tanzania’s
obligation to uphold and protect human and people’s rights standards as
stipulated in Articles 6(d) and 7(2) of the EAC Treaty.
Article
6(d) of the EAC Treaty provides for the principles of the Community as
good governance, including adherence to the principles of democracy, the
rule of law, accountability, transparency, social justice, equal
opportunities, gender equality, as well as the recognition, promotion
and protection of human and people’s rights in accordance with the
provisions of the African Charter on Human and Peoples’ Right.
Article
7(2) provides that the partner states undertake to abide by the
principles of good governance, including adherence to the principles of
democracy, the rule of law, social justice and the maintenance of
universally accepted standards of human rights.
The groups argue that pursuant to Article 8(1) (c) of the
Treaty, Tanzania has undertaken to “abstain from any measures likely to
jeopardise the achievement of those objectives or the implementation of
the provisions of the Treaty.
They also argue that the
Media Services Act is an unjustified restriction on the freedom of
expression and of the press, which is a cornerstone of the principle of
democracy, rule of law, accountability, transparency and good
governance.
The petitioners, who were represented by
Donald Deya, chief executive officer of the Arusha-based Pan-African
Lawyers Union (Palu), Fulgence Massawe, Jenerali Ulimwengu and Jebra
Kambole want the court to declare that the cited provisions violate the
EAC Treaty and the freedom of expression and information.
They also want the regional court to cease application of the same and consider repealing them to conform to the EAC Treaty.
The government defended the provisions saying they are reflective of both the country’s 1977 Constitution and the EAC Treaty.
Principal
State Attorney Mark Mulwambo said freedom of expression and information
is not absolute, while appearing before Justices Monica Mugenyi, Fakihi
A Jundu and Dr Faustin Ntezilyayo.
Tanzania’s
parliament enacted the 2016 Media Services Act No. 12 on November 16,
2016. Early last year, the Media Council of Tanzania, Legal and Human
Rights Centre, and Tanzania Human Rights Defenders Coalition jointly
filed a petition at the regional court challenging the Act.
No comments :
Post a Comment