Civil society organisations in Tanzania are calling on the government to review and improve the Access to Information Act of 2016 and the Non-Governmental Organisations (NGO) Act of 2002, citing several legal and practical gaps that hinder transparency and the effectiveness of civic engagement.
Speaking during a stakeholders’ workshop organised by the Legal and Human Rights Centre (LHRC) in Arusha, LHRC’s Advocacy Manager, Advocate Raymond Kanegene, emphasised the need for targeted amendments to strengthen both laws.
The meeting brought together key players from government, private sector, and non-profit institutions to review the laws and propose reforms.
Kanegene referred to a study conducted by the international research organisation CIPESA, which revealed that, across East Africa, while countries have enacted access to information laws, each still faces significant legal limitations.
“In Tanzania, for example, Section 5(1) of the Access to Information Act grants every person the right to access information, but Section 5(4) restricts that right to Tanzanian citizens only,” he explained.
“Such a provision should be re-examined. The law could categorise types of information those accessible only to citizens and those open to everyone rather than making a blanket restriction.”
He further criticised Section 9 of the Act, which allows public institutions up to 30 days to respond to requests for information.
Kanegene noted that this timeline is much longer compared to other East African countries: Rwanda provides responses within 3 days, Burundi within 7 days, and Kenya and Uganda within 21 days.
“For a journalist, waiting 30 days is unrealistic. Information is most useful when it’s timely. Delays render it irrelevant,” he said.
On the NGO Act, Kanegene highlighted several restrictive provisions that stakeholders want reviewed. These include the requirement for NGOs to undergo re-registration every ten years, and strict measures that allow authorities to deregister an organisation for failure to submit reports to more than three institutions.
He added that NGOs are currently required to submit donor agreements before receiving any funding and must also publicly announce any donation exceeding TZS 20 million. “These procedures are unnecessarily burdensome and need urgent review,” he stressed.
Among the recommendations are the removal of the re-registration clause, establishment of a unified NGO reporting framework on performance and finance, and development of a more transparent yet flexible system for declaring projects and donor contracts.
Mussa Juma, Chairperson of the Journalists Workers Union of Tanzania (JOWUTA), added that reforming these laws would help foster professionalism and reduce unnecessary tensions among stakeholders.
“Many people are still unaware of the Access to Information Act, and it hasn’t been effectively utilised. If well implemented, it could reduce misinformation significantly,” he said.
“When accessing official information is too difficult, it creates room for misinformation to flourish.”he adde
Edwin Soko, Chairperson of the Media Institute of Southern Africa – Tanzania Chapter (MISA-TAN), contributed to the discussion by stressing the need to align national laws with constitutional rights and international treaties.
“There are, of course, sensitive matters such as defence and national security that must be handled carefully and journalistic ethics already acknowledge that. But asking a journalist to wait 30 days for public information is impractical,” he said.
Sophia Komba, Chairperson of the task force leading the review, said the aim is to ensure that laws support rather than stifle the growth of relevant sectors.
“A good law is one that enables development, not one that hinders it. The current NGO Act poses a threat to the sustainability of many non-profit organisations, and that needs to change,” she said.
Paul Kisabo, an advocacy officer from the Tanzania Human Rights Defenders Coalition (THRDC), echoed the call for reform.
He pointed out that the Access to Information law has proven ineffective in practice, citing his personal experience of making an official request for public information and receiving no response after more than six months.
“This shows the weakness in implementation, stemming from the gaps within the law itself,” Kisabo said.
In her closing remarks, Komba encouraged stakeholders to continue the dialogue and urged that future meetings involve even more government agencies to build a shared understanding of the laws and areas that require reform.
The consultative workshop was organised by LHRC and brought together participants from the Ministry of Information, Culture and Sports, the Law Reform Commission, the Tanganyika Law Society (TLS), the Christian Council of Tanzania (CCT), JOWUTA, MISA-TAN, the Ministry of Constitutional and Legal Affairs, the Ministry of Community Development, Gender, Women and Special Groups, the Media Council of Tanzania (MCT), the Tanzania Editors Forum (TEF), Jamii Africa, and several local non-governmental organisations.
