Civil society groups have urged the Tanzanian government to allow citizens and organizations to file cases directly at the African Court on Human and Peoples’ Rights (ACHPR) in Arusha, arguing that doing so would strengthen the country’s human rights record and international diplomacy.
In 2019, Tanzania withdrew from Article 34(6) of the Court’s protocol, which permits individuals and civil society to access the Court directly. The government cited alleged flaws in the Court’s decisions as the reason for its withdrawal.
Speaking to journalists at the ongoing ACHPR stakeholders’ conference in Arusha, Dr. Anna Henga, Executive Director of the Legal and Human Rights Centre (LHRC), and Advocate Donald Deya, Executive Director of the Pan African Lawyers Union (PALU), said Tanzania’s absence from the Court sends a negative signal to the international community.
Dr. Henga said the government’s current efforts to restore its diplomatic standing make this the right time to return.
“Despite the withdrawal, Tanzania has implemented some of the Court’s rulings. For example, in election-related cases, the Court called for the removal of certain government directors overseeing polls. The government has acted on these recommendations,” she explained.
She added that Tanzanians who wish to file cases now must first submit them to the Human and Peoples’ Rights Commission in Banjul, Gambia, before the cases can reach Arusha—a process many citizens cannot manage.
Highlighting the Court’s impact across Africa, Dr. Henga noted that in its 20 years of operation, 34 member states have implemented its decisions.
Advocate Deya said Tanzania has no legal or constitutional reason to prevent citizens from seeking justice at the ACHPR.
“Most rulings are consistent with decisions made by domestic courts and other international bodies. There are no systemic flaws,” he said.
Deya, who has represented over 20 Tanzanians at the Court, said many cases involve prisoners who claim they were denied justice locally, while others are politically sensitive.
“Some of these cases have already been ruled on, and Tanzania has been reforming its laws in response,” he added.
Both advocates expressed confidence that President Samia Suluhu Hassan’s government will finalize the process to rejoin the Court soon.
The African Court on Human and Peoples’ Rights, headquartered in Arusha, was established in 2004 following resolutions by the Organization of African Unity in 1998. It serves as a key platform for protecting human rights across the continent.
