Bill Summary
This legislation, known as a resolution, urges the government of Tanzania and all parties involved to respect human rights and constitutional rights and ensure free and fair elections in October 2020. It also acknowledges the importance of multi-party democracy in Tanzania. The United States has a strong interest in promoting democracy in Tanzania and has previously supported the Tanzanian people in various ways. However, since President John Magufuli's election in 2015, the Tanzanian government has implemented repressive laws that restrict freedom of press, expression, assembly, and association. The government has also interfered with independent collection and dissemination of statistics, and has threatened and attacked journalists. Additionally, the ban on political party rallies until the 2020 elections and restrictions on freedom of association have further eroded democratic rights. The recent amendments to the Companies Act and Nongovernmental Organization Act have severely limited the ability of civil society organizations to receive foreign funds. Opposition leaders have also been threatened and attacked without any accountability from the government. This lack of action and restrictions on democratic space have undermined the Constitution and rule of law in Tanzania. The legislation also calls for a favorable business environment for US companies operating in Tanzania. Furthermore, it urges the repeal of repressive laws, allowance of peaceful assembly and free expression, lifting of the ban on political activities, and transparent and nonintrusive procedures for NGOs to register. It also calls on the government to safeguard press freedom and condemn threats and attacks against members of parliament and opposition parties. Finally, the United States government is urged to continue engaging with Tanzania on democratic issues and hold the government accountable for respecting the rights of its citizens.
Possible Impacts
1. The legislation may affect citizens of Tanzania by ensuring that the 2020 election is carried out in a free, fair, and peaceful manner, giving them the opportunity to exercise their right to vote.
2. The legislation may also affect civil society organizations and political parties by urging the government to allow them to assemble peacefully and express their views freely, and to provide transparent procedures for registration and activity.
3. The legislation may impact media outlets and journalists by calling for the safeguarding of press freedom and condemning threats and attacks against them, promoting a more open and transparent media environment in Tanzania.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1120 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. RES. 1120
Urging the Government of Tanzania and all parties to respect human
rights and constitutional rights and ensure free and fair elections in
October 2020, and recognizing the importance of multi-party democracy
in Tanzania.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2020
Ms. Bass (for herself and Mr. Smith of New Jersey) submitted the
following resolution; which was referred to the Committee on Foreign
Affairs
_______________________________________________________________________
RESOLUTION
Urging the Government of Tanzania and all parties to respect human
rights and constitutional rights and ensure free and fair elections in
October 2020, and recognizing the importance of multi-party democracy
in Tanzania.
Whereas the United States has an important interest in supporting democracy in
Tanzania and has consistently demonstrated support for the Tanzanian
people through efforts to advance good governance, economic growth, and
improved access to health and education resources;
Whereas Tanzania has held successive multiparty elections since 1995, with the
elections in 2015 being the most competitive to date, despite facing
substantial State interference in political organizing, both during and
following the campaign period;
Whereas since President John Magufuli's election in 2015, the Government of
Tanzania has adopted and enforced multiple repressive laws that restrict
freedom of the press, and of expression, assembly, and association,
including the Cybercrimes Act of 2015, the Media Services Act of 2016,
the Electronic and Postal Communications (Online Content) Regulations
Act of 2018, the Written Laws (Miscellaneous Amendments) (No. 3) Act,
2018, and the Written Laws (Miscellaneous Amendments) Act No. 3 of 2020;
Whereas the Government of Tanzania has actively undermined independent
collection, dissemination, and publication of statistics without
government approval, and suspended or halted activities by multiple
newspapers and digital and broadcast media outlets for publishing
content deemed critical of the State or officials;
Whereas State or State-sponsored actors have threatened, arbitrarily arrested,
and attacked journalists with impunity, some of whom have disappeared;
Whereas in mid-2016, the Magufuli Government placed a ban on political party
rallies until the 2020 elections, political freedoms were further eroded
following the amendment of the Political Parties Act in January 2019,
and private opposition political party meetings have been broken up by
police;
Whereas freedom of association has been limited through arbitrary and mandatory
registration and reporting processes for nongovernmental organizations;
Whereas, in September 2019, the Government of Tanzania amended both the
Companies Act and Nongovernmental Organization Act, which have severely
restricted the ability of civil society organizations working on
democracy and human rights to receive foreign funds;
Whereas opposition leaders have been threatened, intimidated, and physically
attacked, and the government has failed to hold perpetrators
accountable;
Whereas President Magufuli's lack of action to hold Tanzanian authorities
accountable for arbitrary arrests, paired with actions to limit
democratic space for civil society, the opposition party, and citizens
of Tanzania has undermined the Constitution and rule of law in the
country;
Whereas the United States companies operating in Tanzania have reported
harassment, corruption, and lack of respect for contracts and business
operations, which threatens future United States business investment and
trade partnerships; and
Whereas the Government of Tanzania's denial of the existence of COVID-19 in the
country and suppression of information related to the pandemic has not
only placed citizens' health at risk, but has also violated citizens'
freedom of speech and right of access to information: Now, therefore be
it
Resolved, That the House of Representatives--
(1) urges the Government of Tanzania to ensure that the
2020 election is carried out in a free, fair, credible,
transparent, and peaceful manner that enables Tanzanian
citizens the opportunity to exercise their right to vote;
(2) urges the Government of Tanzania to legally guarantee
and respect the rights enshrined in its constitution, notably
with respect to the right to freedom of movement, expression,
information, religion, and association, as well as equality,
privacy, and personal security;
(3) urges the Government of Tanzania to foster a business
environment conducive to continued United States trade and
investment in Tanzania, including respect for the rights of
United States companies operating in Tanzania;
(4) calls upon the Government of Tanzania and President
Magufuli--
(A) to repeal repressive laws that are contrary to
the principles of good governance, a healthy democracy,
and the rights enumerated in the Tanzanian
Constitution;
(B) to allow citizens, civil society organizations,
and political parties to assemble peacefully and
express their views freely;
(C) to immediately lift the ban on political
activities to allow opposition parties to hold
political rallies and demonstrations at any time, both
during and outside of election periods;
(D) to provide transparent, consistent, and
nonintrusive procedures for nongovernmental
organizations to register and to enable them to carry
out programs and other legal activity absent arbitrary
state interference;
(E) to safeguard press freedom, in accordance with
the Tanzanian Constitution and the Universal
Declaration of Human Rights; and
(F) to condemn threats and attacks against Members
of Parliament and opposition political parties, and
ensure accountability for harassment, intimidation, or
physical attacks on members of the opposition; and
(5) calls on the United States Government to continue to
engage on democratic backsliding in Tanzania and hold the
Government of Tanzania accountable for respecting the rights of
its citizens in accordance with its international obligations
and the Tanzanian Constitution.
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