Tanzania seeks dialogue with African Court to resolve human rights challenges

Arusha. Tanzania has reaffirmed its willingness to engage in dialogue with the African Court on Human and Peoples’ Rights (ACHPR) to address the challenges that led to its withdrawal from the protocol establishing the Court.

This was stated on Thursday, January 30, 2025, by the Minister for Constitution and Legal Affairs, Dr Damas Ndumbaro, during the ACHPR Stakeholders’ Forum, held on the sidelines of the 76th Ordinary Session of the African Court on Human and Peoples’ Rights in Arusha.

Dr Ndumbaro said Tanzania faced difficulties in implementing certain ACHPR decisions, particularly in cases involving prisoners convicted of serious crimes such as rape and armed robbery.

"For instance, the Court ordered Tanzania to compensate prisoners who were denied legal aid with Sh300,000 (approximately $125). The government found it difficult to implement such rulings because society does not accept compensating individuals who have been lawfully convicted of serious crimes," said Dr Ndumbaro.

He further clarified that Tanzania’s withdrawal from Article 34(6) of the Protocol did not signify an outright rejection of the Court but was instead a response to legal and policy misalignments between the Court’s decisions and Tanzania’s judicial system.

"This should prompt self-reflection on why many countries are reluctant to commit fully to this Court. Out of 55 African Union member states, only 34 have ratified the protocol establishing the Court, and before Tanzania’s withdrawal, only eight states had signed the Article 34(6) Declaration allowing individuals and NGOs to file cases directly. With Tanzania’s exit, only seven remain," he said.

He also emphasized that concerns about allowing individuals and NGOs to file cases directly before the Court are not unique to Tanzania but are shared by many African governments, raising broader questions about the Court’s structure and approach.

Despite these challenges, Dr Ndumbaro reaffirmed Tanzania’s commitment to the African Union’s Agenda 2063, particularly its vision of "An Africa of Good Governance, Democracy, Respect for Human Rights, Justice, and the Rule of Law."

He expressed readiness to resume discussions with the Court to find a workable and productive solution for Tanzania’s return to the system.

A member of the African Court Coalition Executive Committee and Director of the Pan-African Lawyers Union (PALU), Mr Donald Deya, emphasised the importance of these discussions in addressing the Court’s challenges, impact, and potential reforms to fulfill its founding objectives.

"This stakeholders' dialogue brings together representatives from across Africa to deliberate ahead of the first ACHPR judicial session of the year, scheduled to begin on February 3, 2025," he said.

Mr Deya also noted that conflicts in many African nations highlight the Court’s critical role in resolving disputes peacefully.

"We are gathered here to assess whether the Court is truly serving the people. Many African countries are currently experiencing conflict, yet instead of relying on legal mechanisms, disputes are being settled through violence. This is a clear indication that there are gaps within the Court that need to be addressed," he remarked.

He further stressed the need for stronger advocacy, both within Africa and internationally, to enhance the Court’s effectiveness in promoting peace, economic growth, health, and trade development across the continent.

The forum provided a platform for dialogue on how to strengthen the African human rights system while addressing concerns from governments like Tanzania.

With continued engagement, stakeholders hope to pave the way for a more inclusive, effective, and respected African Court on Human and Peoples' Rights.