Activists demand law for curtailing rise in enforced disappearances

By James Kandoya , The Guardian
Published at 10:05 AM Oct 07 2024
Court Hammer
Photo: File
Court Hammer

LEGAL and human rights stakeholders have urged the government to initiate legislation aimed at protecting individuals from enforced disappearance and ensuring justice for victims.

This appeal was issued at a weekend symposium organised by the Tanganyika Law Society (TLS), bringing together the police, private advocates and prosecutors to discuss the pressing issue.

High Court advocate Dr Rugemeleeza Nshala emphasized the urgency of such legislation to ensure justice and accountability for victims, noting that the country

lacks specific laws to address enforced disappearance.

“It’s time for action,” he said, urging that the government ratifies and domesticate the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

Up to now 18 African countries have ratified the convention, he said, noting that the symposium was intended to gather expert opinions on the disturbing rise in enforced disappearances.

Recently such incidents were being reported almost on a daily basis, he said, asserting that formulating explicit legislation will essentially deter perpetrators and thus prevent deaths, alleviate fears and end interminable anguish across the country.

The noted advocate highlighted the absence of an official mechanism or available data to track the extent of the problem. “After collecting views, TLS will prepare a legislation draft and recommendations to make it law,” he suggested.

Judge (r) Robert Makaramba referred to enforced disappearance as a “crime that leaves no trace,” allowing perpetrators to act with impunity, affirming that the crime needs specific legislation to hold offenders accountable.

Advocate Jebra Kambole differentiated between missing persons and enforced disappearances, citing a report that the Legal and Human Rights Centre (LHRC) recorded 12 disappearance cases, while TLS documented 83 cases from 2016 to 2024.

He pointed at the severe impact on victims, like torture nightmares and constant fear for their lives, while Advocate Boniface Mwabukusi, the TLS president, seconded the idea of the necessity for legal action, as every person has the right to life and its being protected.

He said the government has to take appropriate measures to safeguard lives, including enacting laws and taking immediate action when life is at risk.

SACP Jumanne Muliro, the city special police zone commander, told the audience that investigations into some disappearance cases are ongoing, urging the public not to interfere with police work. Such interference could compromise investigations, he cautioned.

ICPPED is a vital human rights instrument developed by the United Nations for legal prevention of enforced disappearances. As of August 2024, 98 states had signed the convention, with 76 having ratified or acceded to it.