LEGAL AND HUMAN RIGHTS CENTRE AND PINGOS FORUM
PRESS RELEASE ON THE HARASSMENT OF CIVIL SOCIETY ORGANISATIONS IN LOLIONDO 13TH April 2010
On Wednesday the 7th day of April 2010, women from 12 villages in Loliondo in Ngorongoro district allegedly carried out demonstrations asking for: the Parliamentary report on the OBC case, Imposed Land Use plan that is being planned, and wanted to return the CCM membership cards to CCM declaring it the source of all their problems.
Following the above mentioned alleged demonstrations, the police acting under orders of the local government have arrested three CSO employees accusing them of being the master minds behind such demonstrations and threatening more others.
At about 4:00pm on the 12th of April 2010, Mr. Samwel Nangiria, Robert Kamakia from Ngorongoro NGOs Network (NGONET) and Gasper Leboy from OXFAM GB were arrested by the police who alleged that they were part of organizing the demonstration held by women in Ngorongoro on the 7th of April. Hereto, the three activists were release on bail on 13th April 2010 under condition that they will report to the police station on 19th April 2010.
LHRC and PINGOs are seriously concerned by these violations. We are convinced that there is a grave breach of human rights in this case because:
A) First and foremost NGONET is a CSO registered and rightfully operating under the Law as stipulated in the Non Governmental Organisations Act No. 24 of 2002. Hence having being suspected of instigating the alleged demonstration, proper procedures under the respective act ought to have been followed by the Local government authorities.
B) It hence follows that, arresting the organisation’s director and employees is with no doubt a breach of due procedure and illegitimate for that matter.
C) The act is in all parameters a violation of the Constitution of the United Republic of Tanzania and particularly the bill of human rights. The above mentioned persons have been unlawfully detained by the police and even denied bail. This is a breach of their human and constitutional rights of: a) personal liberty Art. 15; b) freedom of movement Art.17; c) right to freedom of association Art. 20; and d) right to work Art.22.
D) The question of a citizen returning his or her membership card to his/her respective political party and denouncing membership is strictly political and personal and by no means legal. All individuals have a constitutional right of choosing their own political party. Police interference in such political matters is not warranted unless there is a threat to public peace. This in this case there is none.
E) We call upon the government to address the Loliondo land conflict which is the source of the conflict. Further; with due respect we urge the government to establish a constructive dialogue with the pastoralist communities and their representative organizations in Loliondo/Ngorongoro regarding their deeply felt concerns over the land.
We therefore come to a reasonable conclusion that the previous threats levied against civil society organisations operating in Loliondo in the past, the above mentioned acts are tantamount to human rights violation, breach of laws and the Constitution of the United Republic of Tanzania. We subsequently demand the immediate and unconditional release of detained individuals. Secondly, if the Police are assured of the offence committed by the individuals they should take acceptable legal measures. Thirdly, the Police, local government authority and government officials should respect individual’s fundamental freedoms and personal liberty and refrain from political bias.
Yours Sincerely,
Francis Kiwanga (Advocate) Edward T Porokwa
Executive Director -LHRC Executive Director - PINGOs Forum