Improving or impairing statistics in Tanzania: a legal purview

Tanzania enacted the amendments to the National Statistics Act, local and international actors (especially the International Monetary Fund [IMF] and the World Bank [WB]) have issued negative observations.

The observations, specifically, relate to the Statistics (Amendment) Regulations, 2018. To most stakeholders, the amendment of The Statistics Act, Cap 351 that introduced sections 24B and 10B-10D contravene international good practice and are inconsistent with the UN’s Fundamental Principles of Official Statistics.

Essentially; these amendments authorise the National Bureau of Statistics (NBS) to set standards for collection of data and introduce a requirement for prior verification by NBS before dissemination of official statistics. The IMF further argues that the amendment will potentially impair Tanzania’s obligations to provide data to the Fund as required by Article VIII, section 5 of the Articles of the Agreement.

As a researcher I had to take a critical analysis of the situation and consult practices in other countries to come to my conclusion. The main research question was: what is the position in international law and practice of nations regarding approvals and dissemination?

Position in International Law

Statistics like other human fields are also regulated through accepted norms in international law. For instance, the United Nations General Assembly adopted Fundamental Principles of Official Statistics on January 29, 2014.

Principle 2 provides for professional standards, scientific principles and professional ethics. To retain trust in official statistics, the statistical agencies need to decide according to strictly professional considerations, including scientific principles and professional ethics, on the methods and procedures for the collection, processing, storage and presentation of statistical data.

Prior to the amendment, the NBS in Tanzania did not have the opportunity to review compliance with this principle. Principle 3 provides for the accountability and transparency. To facilitate a correct interpretation of the data, the statistical agencies are to present information according to scientific standards on the sources, methods and procedures.

Again, prior to the amendment of the Act in Tanzania, the Bureau did have an opportunity to vet compliance with this UN principle. Official statistics are required to pass the test of practical utility and thus by introducing a requirement of prior consultation before dissemination of official statistics, the Bureaus are given an opportunity to review and ensure that statistics that are disseminated satisfy the requirement of practical utility.

Elsewhere, the African Charter on Statistics reiterates the position in the UN Fundamental of Official Statistics. Article 2(4) The African Charter provides that the main object of the charter is to promote adherence to fundamental principles of production, storage, management, dissemination and use of statistical information in the African Continent. Article 3 of the Charter provides for the principles. Article 3(2) provides that African statistics shall meet the needs of the users. This article also imposes obligations to ensure that African statistics shall be accurate, reliable and a reflection of the reality.

Article 4 obliges state parties to accept objectives and principles enshrined in the charter to reinforce their national statistical policies and systems and undertake to institute appropriate measures to ensure that their laws and regulations are in conformity with the Charter.

International Practice

The UK Position

Tanzania laws draw inspirations from UK. The Statistics and Registration Service Act 2007 (“SRSA”) gives the UK Statistics Authority a vital role in protecting statistics (See page 11 of UK Code of Statistics available online viahttps://www.statisticsauthority.gov.uk/wp-content/uploads/2018/02/Code-of-Practice-for-Statistics.pdf.

The 2018 Code of Practice for Statistics made under the SRSA, provides for a mechanism of prerelease. Clause xx(iv) of the code entitles the UK authority to review compliance with principles and practices when assessing whether official statistics merit such a designation

South Africa Position

Provision of section 5(1) of the Statistics Act 1999, of South Africa empowers the respective minister to approve or disapprove the inception, variation, or discontinuation of statistical collection.

Similar to the Tanzania position, the Statistics Act 1999 enacts different offenses for the violations of the provisions of this law (section 18 of the Act)

Position in Ghana

The Statistical Service Law 1985 (“PNDCL”) gives mandate to Ghana Statistical Services (GSS) to control production and dissemination of official statistics in the country. Section 10 of the law contains a mandatory provision that requires public services and other official or quasi – official organisations or any other organisation to collaborate with the Government Statistician in the collection, compilation, analysis and production of statistical records of or connected with those organisations.

In my view, the mandatory requirement to collaborate is similar to the one of seeking consultation and approval introduced by the amendment to the Tanzanian Statistics Act. The Ghanaian law also establishes the statistics board which has been granted with mandate to determine the manner in which data may be complied by any person or authority and powers to determine which data may be published in whatever manner that is deemed suitable.

Provision of section 21(h) makes it an offence to any person who contravenes any provisions of this law. The law imposes a penalty of a fine or imprisonment for term not exceeding twelve months or both (section 21[h]).

Position in Argentina

Section 5(f) of the Official Statistics Statutory Framework Law No. 17622 empowers the National Institute of Statistics & Census of Argentina to ensure that there is proper dissemination of all the statistical information to all levels of government as well as private offices.

Review of the IMF allegations for potential breach

During my research, I discovered that one of the arguments by IMF is on the potential breach to international standards and obligations that Tanzania has. There is no any provision in the amendment introduced that limits Tanzania’s obligations that are secured by different international treaties, including Article VIII (5) of the Articles of Agreement.

This Article provides obligations to Tanzania to supply various information to IMF as may be requested necessary for the effective discharge of the Fund’s duties. There is no prohibition in the Act and on the subsequent amendments that inhibits Tanzania to discharge its obligations to provide such information. The IMF allegations are therefore unsubstantiated.

Review of WB reaction

Apart from concerns raised by IMF, World Bank (WB) issued a statement on October 2, 2018 commenting on the Amendment. My view of the statement is that it falls short in recognising that Tanzania has amended its statistical law in a bid to ensure that official statistics are of high quality and standard.

The requirement of obtaining approval is meant to provide a review mechanism and not to impede publication of official statistics. The WB statement available on its official website, concludes that the Bank is in discussions with the Government on whether further support for building sustainable statistical systems is appropriate at this time.

The premise supporting conclusion of the WB is that NBS shall abuse the powers granted under section 24A. That is not what Tanzania intends and requirement, as said hereinabove, the country is also bound by a regional international law obligation under article 3(4) of the African Charter on Statistics.

The charter directs that African statistics shall not be made inaccessible in any way whatsoever. This Concomitant right of access for all users without restriction shall be guaranteed by domestic law. In my view, the vetting, is to ensure validity.

There is no evidence to substantiate allegations that the Bureau will refuse to grant approval to process any official statistics unless fundamentals of research are in question as provided for by article 3(4) of the African Charter which does not give a blanket authorisation for the publication of statistics data that does not conform to acceptable standards and are of public good.

On top of that, I assume WB just gave its opinion and does not intend to interfere into the legal processes of an individual country. This is because the WB and its officers are prohibited to interfere in the political affairs of any members. Section 10 of Article IV of its establishing agreement is clear.

Why Tanzania should maintain its position?

As stated in the foregoing paragraphs, hereinabove, the Tanzanian Amendment of the Statistics Act is aimed at controlling disseminating official statistics. The amendment intends to ensure that statistics published comply with the law. This amendment of Tanzania law is not at variance with international principles as observed.

The amendment actually implements principle 1,2, 3, and 5 of the Fundamental Principles of Official statistics.

Similar to the position existing in the UK, Ghana and South Africa, the amendment promotes and safeguards production and publication of official statistics that serve the public good.

The Tanzania Bureau of statistics is now given mandate under section 24A to review and conduct compliance checks. Following this amendment, the Bureau can conduct system reviews and ensure there is compliance with acceptable principles and standards before statistical information’s are conducted and made public. These measures do not impair but improves quality of statistics in Tanzania.

The author is a legal researcher who focuses on compliance of national laws to international standards. The views expressed here are his own