40 years of rights bill: Progress, drawbacks and the path forward

To explore these dynamics, The Citizen sat down with the National Coordinator of the Tanzania Human Rights Defenders Coalition (THRDC), Mr Onesmo Olengurumwa.

In this exclusive interview, Mr Olengurumwa provides a candid reflection on the journey of human rights advocacy and activism in Tanzania.

Progress since the incorporation of human rights

He revealed that forty years ago, when the Fifth Constitutional Amendment of 1984 introduced the Bill of Rights, it was a turning point for Tanzania.

“This reform formally acknowledged the inalienable rights of Tanzanians, which are protected under our Constitution,” he said.

The implementation, however, began in 1988, and from that point, advocacy for human rights took on a new dimension.

“During the 1990s, human rights activism was characterised by bold and fearless advocacy. Civil society organisations (CSOs), academic institutions, and religious leaders actively championed social justice and accountability,” he explained.

Mr Olengurumwa credited the early years of the Bill of Rights for catalysing progress in social services and public awareness. “We began to see more community-led initiatives promoting women’s rights, access to education, and health services,” he said.

According to him, universities like the University of Dar es Salaam became hubs of intellectual debate on human rights and governance issues.

Challenges in advocacy and activism

While strides have been made, Mr Olengurumwa warned that the state of human rights advocacy has faltered in recent years.

“There has been a shift from bold activism to cautious, passive advocacy,” he lamented.

He added, “This regression is influenced by multiple factors, from shrinking civic space to the influence of state oversight in universities and the judiciary.” One of the key challenges is the shift in university management.

 “When universities were self-governed, academic freedom was robust, and scholars freely critiqued the state of human rights and democracy. But since the government took over the hiring of academic staff, there has been a noticeable decline in intellectual independence,” he said. He also pointed to the media, which he claims has grown timid over time.

“Media once exposed rights violations fearlessly, but now caution prevails as outlets avoid sensitive issues amid growing repression,” he noted.

According to him, media freedom has been constrained by lawsuits, threats, and hefty fines.

The role of Civil Society Organisations (CSOs) and Human Rights Defenders (HRDs)

He revealed that CSOs remain the largest force in human rights advocacy.

“But we still have a long way to go. Most CSOs now prioritise service delivery, neglecting key areas like rule of law and criminal justice,” he asserted. He highlighted a funding crisis, as donors prefer international organisations over local CSOs.

“Localised aid is essential to revive advocacy for neglected rights,” he shared. According to him, HRDs face harassment, arrests, and judicial hostility, causing many to avoid controversial issues like Ngorongoro pastoralist cases and elections.

The Judiciary’s role in human rights protection

In the 1980s and 1990s, the judiciary played a critical role in upholding human rights. “There were landmark rulings that reshaped policies and strengthened human rights jurisprudence,” he said.

However, he argues that this momentum has declined.

“Today, few judges are willing to engage in judicial activism. Instead, some magistrates and judges view public interest cases as a nuisance, dismissing them or frustrating them with delays,” he explained.

He sees this shift as a setback. “Public interest litigation is essential for the growth of human rights. It ensures that the judiciary remains a check on government overreach. We need to restore the courage and activism within the judiciary,” he asserted.

The role of religious institutions

“Religious institutions remain a beacon of hope,” said Mr Olengurumwa, citing TEC’s role in promoting accountability.

He credited Bishop Benson Bagonza and Sheikh Ponda as key voices, noting that “despite caution on political issues, their moral authority remains influential” in human rights advocacy and social welfare.

The way forward

Reflecting on this 40-year journey, Olengurumwa called for a revival of courage and commitment.

“The advocacy flame has dimmed, but it is not extinguished. We can reignite it by supporting local CSOs, revitalising universities as centres for critical thought, and ensuring the judiciary returns to its role as a guardian of justice,” he shared.

He also called on retired leaders to step forward and play a more active role.

“Figures like Mzee Joseph Butiku, former Prime Minister Joseph Warioba, and former Chief Justice Othman Chande have offered wise counsel. We need their voices to be louder. Their guidance can restore public confidence in the protection of human rights,” he said.