Of Tanzania’s cybercrimes law and the threat to freedom of expression and information
Posted: 25 May, 2015 Filed under: Daniel Marari | Tags: African Charter of Human and Peoples’ Rights, bloggers, criminal, Cybercrimes Bill, cyberlaw, democracy, democratic society, digital communication, electronic communications, European Court of Human Rights, European Union, freedom of expression, freedom of expression and information, human rights, human rights abuses, human rights defenders, information, international treaties, Jakaya Kikwete, journalists, privacy, right to privacy, Tanzania, Tanzanian Constitution, Universal Declaration for Human Rights 4 Comments
Author: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden
On May 8th, 2015 a press release revealed that the Tanzanian President, Jakaya Kikwete, has signed the controversial Cybercrimes Bill which seeks to criminalize acts related to computer systems and information and communication technologies and to provide for a system of investigation, collection and use of electronic evidence. The said law has serious implications for constitutional and international human rights, particularly freedom of expression and information online and the right to privacy. The most controversial provisions relate to criminalization of sharing of information, extensive police powers of search and seizure, surveillance without judicial authorization as well numerous vaguely defined offences.
It is important to note that that freedom of expression is one of the fundamental aspects of human life. As human beings, we need freedom to develop and share thoughts or ideas about things that happen and influence the way we live. Freedom of opinion, expression and information encourages free debate and plurality of ideas which is important for development of any society. More importantly, these rights are internationally recognised human rights. They are engrained in the Universal Declaration of Human Rights 1948 (art.19), the International Covenant on Civil and Political Rights, 1966 (art.19) and the African Charter on Human and Peoples Rights 1981 (art.9), all of which have been ratified by Tanzania.
In defence of these “disgusting and unnatural”
Posted: 10 March, 2014 Filed under: Benjamin Ng’aru | Tags: African (Banjul) Charter, all persons, Anti-Homosexuality Act, constitution, discrimination, equality of all persons, freedom from inhumane treatment, gays, homosexual acts, homosexuality, human rights, International Covenant for Civil and Political Rights, International Covenant on Economic, Kill the Gays Bill, lesbians, life sentence, morality, Museveni, right to dignity, right to privacy, sexual orientation, Social and Cultural Rights, stigmatisation, Toonen v Australia, transgender, Uganda, un-African, United Nations, Universal Declaration for Human Rights, violence 8 Comments
Author: Benjamin Ng’aru
Legal Assistant, Local Authorities Pensions Trust; Volunteer Programmes Assistant, Legal Exchange Centre, Nairobi, Kenya
On Monday 25 February 2014, Uganda’s long serving president Yoweri Museveni signed the Anti-Homosexuality Act of 2014 (previously referred to as Kill the Gays Bill”). The Long Title thereof provides that this “Act [is intended] to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.” Museveni has also, on record, called homosexuals “disgusting and unnatural” persons. The legislation has since received widespread condemnation from human rights organisations and leaders across the globe.
Whereas homosexuality was, since the colonial era, outlawed with the introduction of the British colonial rule and justice system, the new legislation is an all time low. Section 2(2) of the Act provides for a mandatory life sentence for persons convicted of “homosexual acts”. Section 1 of the Act has a wide margin of what constitutes “homosexual acts” such as “the touching of another’s breast, vagina, penis or anus, … however slight …. with any part of the body or through anything”.
AfricLaw 