Debate on voting rights: Should Tanzanian prisoners have a say?

Dar es Salaam. The question of whether prisoners in Tanzania should be granted the right to vote has ignited a heated debate among stakeholders, particularly in light of recent amendments to the country’s election laws.

While some view the extension of voting rights to prisoners as a necessary step in upholding fundamental human rights, others express serious concerns about the potential for electoral manipulation.

The Constitution of the United Republic of Tanzania, specifically Article 5(2), guarantees every citizen who has attained the age of 18, the right to register as a voter and participate in national elections.

However, this right is not without limitations. Article 5(3) (c) which empowers the Parliament to enact a law that disqualifies certain individuals from voting, notably those convicted of crimes punishable by imprisonment for six months or more, regardless of the actual sentence they are serving.

As such, the Presidential, Parliamentary, and Councillors Elections Act of 2023 prohibits inmates from participating in the electoral process, such as voting.

The debate has intensified with increasing advocacy from human rights groups and political parties.

They argue that excluding prisoners from voting violates their constitutional rights and undermines democratic principles.

Advocates contend that prisoners, like any other citizens, are affected by government policies and should have a say in the electoral process.

Speaking with The Citizen, the Secretary-General of ACT-Wazalendo, Mr Ado Shaibu, argues that the right to vote should not be restricted based on incarceration.

“The right to vote should be granted to all prisoners, regardless of the length of their sentences.

There is no justification for preventing prisoners who are serving more than six months from choosing their leaders, especially when these leaders oversee policies and laws that impact them, including within the prison system itself,” he shares.

Mr Shaibu’s stance reflects a broader human rights perspective that emphasizes the importance of inclusivity and equal participation in the democratic process.

He believes that denying prisoners the right to vote is a form of disenfranchisement that undermines democratic values and fails to recognize prisoners as full citizens with a stake in national affairs.

With similar sentiments, Chadema’s Vice Chairman for Tanzania-mainland, Tundu Lissu, supports Shaibu’s view, drawing from his international experience.

Mr Lissu recounts his observations during a 2022 visit to Lesotho as part of an international election observation team.

“In Lesotho, I witnessed prisoners exercising their right to vote without any hesitation or restrictions, and everything went smoothly,” he recalls.

“If they can manage this, why can’t we? Our reluctance seems baseless. It’s simply a matter of decision-making, and we have no valid reasons to prevent prisoners from voting,” he reveals.

For his part, a political analyst and lecturer in law at the University of Dar es Salaam, Dr Onesmo Kyauke, underscores the need for legal reform.

“There is a need to amend our laws because prisoners should be given the opportunity to vote,” he states.

He continues: “Elections concern every Tanzanian citizen who is of eligible age.”

Dr Kyauke also cautions that any proposed reforms must be carefully considered to avoid unintended consequences that could negatively impact prisoners' rights.

On top of that, political scientist from University of Dodoma, Mr Paul Loisulie, supports extending voting rights to prisoners but stresses the importance of a well-structured approach.

“While it is important to extend voting rights to prisoners, we must ensure that the implementation is smooth and transparent,” he notes.

“The legal framework needs to be clear and well-structured to avoid any potential issues that could arise during elections.

This is crucial for maintaining the credibility of the electoral process and ensuring that all citizens, including prisoners, have confidence in the system,” he says.

The CUF’s protocol communications and foreign affairs director, Mr Mohamed Ngulangwa acknowledges the potential benefits of allowing prisoners to vote but also expresses concerns about potential risks.

“It is important to understand that, while prisoners differ from other citizens due to their restricted freedom of movement because of their crimes, this should not be a reason to deny them the right to vote,” he states.

However, he says this could open the door for fraudulent votes and lead to rigged elections, particularly since the exact number of prisoners in the country is not currently known.

“We really need that, but we should first know what is the best way to have it,” he says.

While, the Tanzania Constitution Forum’s (TCF), board chairperson, Dr Ananilea Nkya, argues that denying prisoners the right to vote is unjust and that concerns including their bad conduct in the society which sent them behind bars, and also about election manipulation are not a sufficient reason for exclusion.

“There is no substantive reason to deny prisoners the right to vote. Voting is a basic human right, and it is crucial for upholding democratic values.

“By allowing prisoners to vote, we would be affirming their citizenship and reinforcing their role in the democratic process.

She adds: “The notion that prisoners' participation could lead to rigged elections overlooks the broader issue of disenfranchisement and the right to civic engagement,” she shares.”

On top of that, the National Coordinator of the Tanzania Human Rights Defenders Coalition (THRDC), Onesmo Olengurumwa, supports the idea of extending voting rights to prisoners as a fundamental human right.

“The right to vote is a fundamental right, just like any other.

It is a right that empowers citizens to participate in decisions that directly affect them.

Therefore, it is high time that our nation considers a broader perspective and allows prisoners to vote.

Denying them this right is tantamount to silencing their voices as citizens, which goes against the principles of human rights and good governance,” he says.