A NEW THREAT

The powers vested in the government to regulate NGOs have inhibited their meaningful contribution to the evolution and development of a transparent, accountable, and responsible governance system in Tanzania. NGO initiatives which generate citizen demand for important rights and greater roles in the governance of the country are deemed to be a threat to the government. Responsible NGOs are threatened and reminded by the government that it has the power to determine their institutional existence. For example, in mid-1996 the government decided to stop the registration of new NGOs saying it needed more time to review the activities of existing NGOs.

The current case of Baraza la Wanawake Tanzania/BAWATA (National Women Council), however, has put to the fore the danger that all NGOs in Tanzania face. BAWATA was formed in 1994 to unite women of all economic, social, and political backgrounds and to ensure gender equity in a multiparty, democratic Tanzania. In particular, with the advent of political pluralism, it was felt that women might lose rights without an organ to voice their common concerns and problems. BAWATA was registered in 1995 after an uphill battle of convincing the Registrar of Societies. Its early work-as articulated in its constitution-focused on issues, such as inheritance rights, the right to own land, and political representation of women in Parliament. Nevertheless, the government soon accused BAWATA of being a political party.

In September 1996, the government, without affording BAWATA a chance to be heard, decided to deregister the NGO. When the issue of failure of natural justice was raised, the government reversed itself and demanded that BAWATA amend its constitution and become a research institution. In March 1997, at a BAWATA General Meeting, BAWATA yielded and the organization's constitution was amended in accordance with government demands. Even so, the government went ahead to deregister BAWATA. In response, BAWATA went to the High Court to challenge the government's action and the constitutionality of the Societies Ordinance. The court issued an injunction against the state prohibiting the government from deregistering BAWATA until the government motion of lifting the injunction is heard in late November 1997.

BAWATA is represented by a leading constitutional lawyer in Tanzania, Issa G. Shivji, Professor of Law at the University of Dar es Salaam. Prof. Shivji, is widely known for chairing the Presidential Commission on Inquiry on Land Matters, which proposed major land tenure reforms to enhance citizens' rights and security over land. In a lengthy pleadings filed by Prof. Shivji, on behalf of BAWATA, it is argued that the government action of deregistering BAWATA is unconstitutional by violating Articles 13(6)(a), 18, and 20 providing for the right of fair hearing, expression, and association and assembly, respectively. The petition also alleges that the government of Tanzania is in violation of international human rights instruments, including the International Convention on Civil and Political Rights (ICCPR), the African Charter on Human Rights, and the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW). This case has important constitutional implications for the NGO community, including NGOs concerned with envi- ronmental management and sustainable development. In essence it will determine whether NGOs have a right to conduct their activities without undo government interferences.

Whatever the outcome of this case, the freedom of association in Tanzania has been seriously impaired by the government's actions against BAWATA. By intimidating BAWATA, a well-known and active NGO, the government is sending a message to all NGOs that they potentially can be deregistered at any time if they do not support government positions. This matter is further exemplified by the government's recent decision to establish a new department within the Vice-President's office to monitor and regulate the financial dealings of all NGOs. The government wants all NGOs to receive their funds from the donor community through this new department. Such procedures would further enable the government to control NGOs. Many NGOs have argued against such procedures but they were unable to stop the government from forming this department.

Regardless of whether or not the government wins or loses the BAWATA case, many Tanzanians expect the government to try to reform existing laws or pass new legislation giving it power to regulate the financial dealings of all NGOs, as well as the constitutional setup and objectives of every NGO. All NGOs would lose their independence, essentially putting an end to many activities such as advocacy and independent monitoring. It is expected that many NGOs would halt operations and simply cease to exist. All government actions would be difficult to resist or challenge because the populace would not be able to unite under the banner of civil society. The resultant effect would be that the government will again have carte blanche to promulgate policies without public debate or scrutiny by the citizenry.