SouthernDefenders Condemn the arbitrary arrests of Boniface Mwabukusi, Willibrod Slaa and Mdude Nyagali in Tanzania

Johannesburg and Dar es Salaam|

The Southern Africa Human Rights Defenders Network (Southern Defenders) expresses its grave concern and strongly condemns the 12-13 August 2023 arrests and detention of Tanzanian human rights defenders Boniface Mwabukusi, Willibrod Slaa and Mdude Nyagali, on allegations of incitement to violence and treason, days after they held a press conference criticizing a port agreement between Tanzania and the United Arab Emirates (UAE). They were held without charge or any court appearance, and only released by the police 3-4 days later on 18 August 2023 on 100 million Tanzanian shillings bond and strict reporting conditions, while police continue investigations on the incitement to violence charges.

The highly contentious Intergovernmental Agreement signed into effect in October 2022 by the Tanzanian President and the CEO of the Ports, Customs and Free Zone Corporation on behalf of the Emirate of Dubai regulates the management and development of ports in Tanzania. It was endorsed by the Tanzanian Parliament on 10 June 2023. The activists publicly criticised the agreement for handing the management of the country’s national resources to a foreign entity. Mwabukusi also led a court petition challenging the constitutionality of the agreement, including the lack of public consultation and its impact on the national sovereignty and security of Tanzania, which was dismissed by the High Court on 10 August 2023.

According to Amnesty International, Mwabukusi, Nyagali and Emmanuel Masonga, an opposition party official, were arrested near Mikumi, in Morogoro region as they were driving into Dar Es Salaam. Emmanuel Masonga was released shortly after, but ordered to report to Mikumi Police Station on 14 August 2023. Slaa was also arrested by police officers at his home in Dar es Salaam around the same time after which the police took him to his house where they conducted a search and confiscated some of his communication devices. Mwabukusi and Nyagali were initially denied bail and detained at the Central Police Station in Mbeya, until they were released on 18 August 2023. While in detention, Mwabukusi and Nyagali went on hunger strike to protest their unlawful detention.

The activists are among many others that have faced similar reprisals. Rugumela Nshala, President of the Tanganyika Law Society was forced to flee the country after facing intimidation and death threats in July 2023 for criticizing the port deal. Amnesty International has reported that since June 2023, at least 24 people have been arrested and later released for criticizing the port deal.

Southern Defenders views these actions as a clear violation of the rights of Tanzanian human rights defenders to freedom of expression and assembly. Human rights defenders play a vital role in any society by advocating for justice, equality, and the respect of fundamental rights. Their efforts contribute to the development of open and inclusive societies, ensuring that the voices of the marginalized and vulnerable are heard. Their rights and freedoms must be safeguarded and respected. They should be able to carry out their vital work without fear of reprisals, harassment, or intimidation. The African Charter on Human and People’s Rights also protects the Tanzanian people’s right to participate in government decisions on the use of their country’s natural resources, and to benefit from them.

We therefore strongly condemn any actions that hinder the work of human rights defenders and undermine their fundamental rights to freedom of expression, peaceful assembly, and association.

We call upon the authorities in Tanzania to:

1. Act in accordance with their international human rights obligations by withdrawing charges and ceasing malicious prosecutions against Boniface Mwabukusi, Willibrod Slaa and Mdude Nyagali.
2. Take immediate steps to guarantee the safety and protection of human rights defenders in Tanzania, ensuring an environment conducive to their work without fear of reprisals or intimidation.
3. Uphold the right to freedom of expression, assembly, and peaceful protest as enshrined in the national laws of Tanzania and international human rights standards.
4. Engage in dialogue with human rights defenders and civil society organizations to address their concerns, respect their right to participate in decisions relating to the control of the country’s natural resources, promote a culture of respect for human rights, and strengthen the democratic principles of Tanzania.

Southern Defenders stands in solidarity with the human rights defenders in Tanzania and reiterates our commitment to supporting their important work in defending and promoting human rights. We urge the authorities to take immediate action to address these violations and create an enabling environment where human rights defenders can continue their vital contributions to society.

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