TANZANIA CAUTIONS AFRICAN COURT ON SOVEREIGNTY OF STATES

BY GRACE MACHA IN ARUSHA

Tanzania has cautioned the African Court on Human and People's Rights (AfCHPR) to avoid encroaching on  the sovereignty of member states

Vice President Dr. Phillip Mpango said of late the judicial organ of the African Union (AU) has been issuing orders which were "out of context".

He said it was because of such "glitches" that some countries have withdrawn from some key provisions of the Court based in Arusha.

Dr. Mpango who was opening the Court's Judicial Year 2023 said there was no contention that some judgements encroached on the sovereignty of states.

He cited the growing list of  withdrawals from the Court's Declaration on NGOs, saying it was precisely due to the anomaly.

Declaration which falls under Article 34 (6) of AfCHPR Protocol allows NGOs and individuals to file cases directly before the legal facility.

"Some countries have withdrawn from the Declaration because of this. It is imperative for the Court to abide by its mandate", he said.

Much as Tanzania supported the mandate of the Court, it was keen to see "glitches" hindering its acceptability among nations addressed.

The VP said Tanzania will continue to honour the host agreement and was committed to preserve the Court "so as to further integration of jurisprudence".

He added that despite reservations on the contentious Declaration on NGOs and individuals, Tanzania attaches great importance to the work of the Court.

Tanzania withdrew from the Declaration under Article 34 (6) of the AfCHPR in November 2019, citing a number of inconsistencies.

It joined Rwanda, Cote d'Ivoire and Benin in ditching the controversial clause. Only six countries - Tanzania not among them - remain signatories to the provision.

The official version of the pull out was that the provision (Declaration) had been implemented "contrary to the reservations it (the Court) submitted when making this Declaration"

The move raised queries from within and outside the country not only because Tanzania was a host nation but also its commitment to human rights.

Ever since there had been pressure on the country to reverse the decision from both the Arusha-based judicial organ and other interested parties.

President Samia Suluhu Hassan opened up on the matter for the first time in November last year when asked on the matter during a lawyers' conference.

She admitted that the government was under pressure from various quarters to reverse its withdrawal from the Declaration.

However, she urged the Court to give the government more time to look afresh on the pros and cons of the issue before making a final decision.

Observers hinted that Tanzania has not been happy with the Court because out of the 270 cases filed before it were from Tanzania "and all of them are against the government".

Speaking in Arusha on Monday, the President of the Court, Lady Justice Imani D. Aboud said Tanzania, as a host country, has been very supportive.

"We enjoy a warm relationship with the Tanzania government", she said, noting that the host country has been instrumental in "enhancing our visibility".

The former Judge of the High Court of Tanzania said the judicial organ was established, it had made over 200 rulings and decisions.

However, she castigated countries which are party to the AfCHPR for not implementing the Court's rulings and decisions, making mockery reasons for its establishment.

Amb Salah Hamad, the head of African Governance Architecture (AGA) at the AU seat, said the Court was bent on economic welfare of people beside political and civil rights.

"Africans do not only deserve political  and civil rights but also the right to food, clean water and  a spirited fight against poverty and corruption", he said.