Repackaging Authoritarianism

Freedom of Association and Expression and the Right to Organize Under the Proposed NGO Policy for Tanzania

By Tundu Antiphas Lissu

INTRODUCTION

This study analyses recent government initiatives for the regulation of the nongovernmental organisation (NGO) sector in Tanzania: the National Steering Committee for Formulation of National Policy on NGOs' fifth draft of "the National Policy on NGOs" and the proposed Non-Governmental Organisations Bill of 1998, whose drafting appears to have been proceeding in parallel with the drafting of the policy.

These initiatives offer an opportunity for serious reflection and debate on the status of the rights and freedoms called for by our country's Constitution. They are also of direct importance to social and environmental activists and NGOs, as they are likely to decide not only their freedom of operation but also whether their organisations have the right to exist at all. This report aims to highlight the issues at stake by examining these proposals in the light of the Tanzanian state's historical stance toward the rights of freedom of association, of assembly, and of free speech.

ABOUT THE AUTHOR

Tundu Antiphas Lissu graduated with an honours degree in law from the Faculty of Law of the University of Dar es Salaam in 1994. He also holds a degree of Master of Laws with distinction from the School of Law of the University of Warwick in the United Kingdom. As an activist and researcher, Mr. Lissu's work has dealt with issues of environment and natural resource policy and practice and its implications on the rights and livelihoods of rural communities in Africa. He has written on the legal, socio-economic and environmental aspects of the mining industry in Tanzania and the political economy of wildlife and nature conservation in the African rangelands. He was recently nominated as Commissioner of the Africa Jubilee 2000 Movement - a global coalition of activists and NGOs who seek the cancellation of Africa's crippling foreign debt.

LAWYERS' ENVIRONMENTAL ACTION TEAM

The Lawyers' Environmental Action Team is the first public interest environmental law organization in Tanzania. It was established in 1994 and formally registered in 1995 under the Societies Ordinance. Its mission is to ensure sound natural resource management and environmental protection in Tanzania. It is also involved in issues related to the establishment of an enabling policy environment for civil society, including civil liberties and human rights. LEAT carries out policy research, advocacy, and selected public interest litigation. Its membership largely includes lawyers concerned with environmental management and democratic governance in Tanzania.