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Tanzania Withdraws from African Court on Human and Peoples' Rights

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Nyakundi Report

Newsroom 1 min read

This archive report was first published on 7 December 2019.

On December 7, 2019, Tanzania presented a withdrawal notice to the African Union Commission, marking its intention to leave the African Court on Human and Peoples' Rights (AfCHPR).

The move has been met with concern from analysts, who argue that it will deny Tanzanians the opportunity to access justice through the court.

Article 34(6) of the Protocol to the African Charter on Human and Peoples' Rights requires that a state must declare in writing that it allows cases to be brought against it before natural persons and NGOs can present cases directly to the African Court.

However, Tanzania's Minister for Foreign Affairs, Augustine Mahiga, has stated that this requirement is contrary to the country's Constitution.

According to the withdrawal notice, the decision to withdraw has been made after the declaration was implemented contrary to the reservation submitted by Tanzania when making its declaration.

Various stakeholders, including Amnesty International and the UN, have called on the Tanzanian government to reconsider its decision, terming it a step backwards in its human rights commitments.

While the decision will not affect cases already filed before the court, it will deny natural persons and NGOs the opportunity to sue the government at the African Court after 18 months.

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