WHAT SHOULD BE DONE

To help ensure effective natural resources management, sustainable development, and good governance in Tanzania, there is a need to take proactive actions to protect the freedom of association and expression of civil societies. After the BAWATA decision (many professionals believe the court will rule in favor of BAWATA), it is expected that the government will introduce amendments that further restrict the freedoms and rights of NGOs and civil society to advocate and to monitor state activities. This concern is based on past experiences. Previously, after losing in court (or narrowly winning), the government amended the concerned law and, in some cases, even the Constitution to restrict citizen rights and ensure future victories. Thus, whichever way the court rules, the implications for the NGO community are significant and potentially severe. As such, the following five actions are recommended to protect the freedom of association in Tanzania.

NGOs, including human rights and public interest law groups, such as LEAT, should come together, perhaps by way of a workshop, to review existing aspects and interpretations of the freedom of association in Tanzania as well as current threats. Such a workshop will enable all NGOs to share their views and to develop strategies and actions to protect these and other important freedoms (i.e., expression, information, etc.). A consortium of individuals and organizations can be formed to lead a joint initiative, for example, to advocate amending (or repealing) the Societies Ordinance. Such a Consortium on Civil Liberties will be able to pinpoint the drawbacks in existing legislation and recommend amendments to ensure and enhance the role of NGOs in the governance and management of their country.

NGOs and the Consortium should also monitor the BAWATA case and prepare for follow-on activities. By monitoring the case, NGOs and the Consortium will be better able to interpret the court decision and identify any weaknesses in the judgment that infringe upon the freedom of association. Furthermore, the Consortium will be better positioned to confront any government effort to amend the law in manners that restrict the freedom of association contrary to the court's decision. In preparation, the Consortium can develop an NGO interpretation of the court decision as well as an interpretation of any draft bill the government introduces in Parliament to amend the Societies Ordinance. The Consortium could also prepare a brief detailing an ideal enabling environment for an active NGO community.

NGOs and the Consortium should consider addressing the larger issue of helping draft a new law that governs NGOs. This is important because the freedom of association is subject to the "procedure provided by law." One or more NGOs, such as LEAT, could take the lead to solicit public views and NGO positions, and to prepare language for such a law-or even draft the law-regarding important freedoms, rights, and responsibilities. The final draft could be presented to sympathetic Members of Parliament and/or tabled in Parliament as a private bill. This would be a milestone in the legislative history of Tanzania; for the first time, interest groups would be recognized by government for their capacity to draft legislation. Submitting a private bill might also encourage Members of Parliament to seek NGO views on other draft bills.

Related, NGOs, such as LEAT, should consider drafting a law providing for the freedom of public information. The absence of such a law has allowed government officials to disregard public demand for government-held information on state actions and decisions. Indeed, at present, government documents are protected by the National Security Act of 1970 which makes it an offence for any person to be found in possession of such documents. The freedom of information will help ensure transparency and accountability, and will improve governance by enabling the gathering of information and evidence on government performance, including costly corruption.

Finally, there is an urgent need for the development assistance community to voice its concern about the status and rights of NGOs in Tanzania, such as the newly established NGO department in the Office of the Vice-President and the attempt to deregister BAWATA. The donor community can do so in private and public meetings with the government as well as in its actions. For example, the donors could make such freedoms conditions on loans and other bi/multi-lateral foreign assistance. At the very least, donors should demand that all information related to programs and initiatives they fund be made available to the public. Similarly, the donor community should demand that NGOs not be harassed or intimidated by the government when they issue statements regarding the donor-funded programs.