THE African Court on Human and Peoples’ Rights (AfCHPR) has renewed its call for the Tanzanian government to reconsider its withdrawal from a crucial provision of the court, effected in 2019.

Lady Justice Imani Daud Aboud, the AfCHPR president issued this appeal on discussions with top officials of the Commission for Human Rights and Good Governance (CHRAGG) here yesterday, seeking support to encourage the government to reconsider the country’s position on the matter.

She sought to engage with the commission “on an issue critical to the future of human rights protection in Tanzania and Africa", namely the re-deposit of Tanzania’s declaration of accepting cases to the court brought under Article 34(6) of the protocol setting up the AfCHPR.

“Tanzanians have a special right to be heard by the continental institution,” she stated, underlining that the declaration the government deposits allows individuals and non-governmental organisations (NGOs) to bring cases directly before the African Court.

This facility is meant to complement the important work the state commission is already doing to protect and promote human rights domestically, she explained.

The court president acknowledged the commission’s role in bridging the gap between citizens and the state, affirming that the commission's voice “carries significant weight in advocating for policies that strengthen human rights protection,” thus the need for it to champion the re-deposit of the declaration.

That would be a vital step in reaffirming Tanzania’s leadership in human rights and ensuring that justice remains accessible to all, she stated, referring to the commission as the backbone of Tanzania’s efforts to protect rights enshrined in the constitution and international commitments.

These commitments are key to ensuring that citizens can live with dignity, free from oppression, discrimination and injustice. “The African Court shares this mission, providing a platform for justice when national remedies are exhausted or unavailable,” she explained.

She was optimistic that under the current leadership, which has demonstrated strong commitment to human rights, the government was likely to re-deposit the declaration.

Judge (rtd) Mathew Mwaimu, the commission chairman, said that the commission has been engaging the government on this issue through various forums, underlying its belief that this issue can be discussed.

“And we hope the government will change its position, allowing Tanzanians to access the court,” he said, noting that the commission is a key stakeholder of the court. The visit to CHRAGG offices was part of AfCHPR's broader plan to meet with various government agencies on the matter, he said.

In 2019, Tanzania became the second country in the East African Community (EAC), following Rwanda, to withdraw the right of individuals and NGOs to directly access the continental judicial facility. Rwanda led the way in 2016.

The government withdrew from Article 34(6) of the AfCHPR protocol, which allowed citizens and NGOs to bring cases directly before the court.

AfCHPR is now in dialogue with the government, urging it to reconsider its position, pointing out that as the host country, Tanzania should lead by example and demonstrate its commitment to human rights.

Re-depositing the declaration is not only a legal step but also a moral one, the Lady justice reaffirming Tanzania's support for principles of fairness, accountability and transparency.

Direct access to the African Court provides disaffected citizens with the final opportunity to have their grievances heard and addressed, she said, insisting that the importance of allowing individuals direct access to the court cannot be overstated.

Such access not only empowers citizens but also enhances the country’s image as one that respects, promotes and protects human rights, she further noted, elaborating that it would ensure that Tanzanian citizens can benefit equally from institutions of the African Union, just like those in countries that have maintained the declaration such as Mali and The Gambia.

“This is an opportunity for Tanzania to set an example for other nations and to show that the country remains committed to regional mechanisms that complement domestic efforts,” she added.