Lawyer Tito Elia Magoti. Photo: Courtesy
By Adonis Byemelwa
The
Government of the United Republic of Tanzania has been sued at the High Court
of Tanzania in Dar es Salaam over the internet shutdown that occurred during
the 2020 general elections.
According
to a statement by lawyer Tito Elia Magoti, who represents the plaintiff, the
lawsuit has been filed by Kumbusho Dawson Kagine, a social media user and the
Executive Secretary of Reach Out Tanzania, a non-governmental organization
based in Dar es Salaam that advocates against the impact of internet shutdowns.
Tito,
alongside co-counsel Alphonce Lusako, explained that the lawsuit was filed
under the directives of their client against the Minister of Information,
Communication, and Information Technology, the Tanzania Communications
Regulatory Authority (TCRA), and the Attorney General.
“Our
client claims that the internet was intentionally shut down, violating several
rights protected by the Constitution of the United Republic of Tanzania.
Specifically,
the right to receive, impart, and disseminate information (Article 18), the
freedom of assembly and association (Article 20(1)), and the right to
participate in public affairs (Article 21(1, 2)), along with the government’s
duty to uphold the constitution and the laws of the country (Article 26),” Tito
explained.
He
further stated that these rights are also enshrined in the African Charter on
Human and Peoples’ Rights, the International Covenant on Civil and Political
Rights, and the African Charter on Democracy, Elections, and Governance, as
well as various declarations such as the United Nations Human Rights Council’s
Resolution on the Promotion, Protection, and Enjoyment of Human Rights on the
Internet, the 2017 African Declaration on Internet Rights and Freedoms, and the
African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of
Expression in Africa.
Kumbusho,
after filing the lawsuit, has called for the court to declare that the internet
shutdown violated the Constitution of the United Republic of Tanzania and
international treaties, thus infringing on human rights.
He
also seeks an injunction to prevent the government from repeating such actions,
including during the upcoming Local Government elections in 2024 and the
general elections in 2025. According to lawyer Tito, the case is scheduled for
its first mention before Judge David Ngunyale on July 17, 2024, at the High
Court in Dar es Salaam.
Internet
shutdowns have become a pervasive issue across many African nations,
particularly during periods of political unrest or elections. Countries such as
Uganda, the Democratic Republic of Congo (DRC), and others have witnessed
similar disruptions.
These
shutdowns are often implemented by governments to stifle dissent, control the
flow of information, and prevent the organization of protests. In Uganda, for
instance, an internet blackout was imposed during the 2021 general elections,
drawing widespread condemnation from both domestic and international bodies.
The
DRC experienced extensive shutdowns during its 2018 elections, severely
impacting the ability of citizens to access information and communicate.
The
implications of these shutdowns are far-reaching. Economically, they disrupt
businesses, costing millions in revenue and damaging the credibility of the
affected nations.
Socially,
they sever communication links, isolating people and limiting their ability to
coordinate and respond to crises. Politically, they undermine trust in the
democratic process, as citizens are denied access to information that is
crucial for informed voting.
Moreover,
such actions violate numerous international human rights agreements,
highlighting the urgent need for accountability and reform.
The
lawsuit filed by Kumbusho Dawson Kagine represents a significant step towards
challenging these oppressive tactics and advocating for the protection of
digital rights. The outcome of this case could set a precedent not only for
Tanzania but for other countries grappling with similar issues, reinforcing the
imperative that governments respect the fundamental rights of their citizens in
the digital age.