Tanzanian Legal Community Unites to Address Growing Crisis of Enforced Disappearances

By Adonis Byemelwa

In a nation where the shadows grow darker and the cries of the missing echo in the silence, the lawyers of Tanzania stood tall, determined to bring light to an increasingly urgent crisis. Enforced disappearances and abductions—once whispered fears—have now become an undeniable reality, casting a pall over communities and raising critical questions about justice and accountability.

On a critical day on 5^th October 2024, mainland Tanzania's legal minds, particularly from the bustling city of Dar es Salaam, converged at the Ubungo Plaza for a powerful symposium.

The symposium was organized to formulate legal strategies to combat the rampant problem of disappearances, understand the historical context behind these incidents, and discuss ways to hold the perpetrators accountable.

 Moreover, the discussions centered on how to support the victims and their families, who continue to face uncertainty and anguish. The event marked a significant milestone in Tanzania's legal community’s fight against human rights violations and the erosion of civil liberties.

Addressing the gathering, TLS President Boniface Mwabukusi stressed that such discussions are critical to safeguarding the country’s democratic principles and protecting its citizens. "We are here today because any civilized society that believes in human dignity, as enshrined in Article 9 of the Constitution, must confront its challenges head-on and find solutions,” he said.

 He highlighted the importance of acknowledging the reality of enforced disappearances and working collectively to solve the issue. "TLS serves as a crucial link between the people and their government, and this meeting is a step toward understanding how we can navigate these difficult times," Mwabukusi added.

Tanzania has seen a worrying increase in cases of enforced disappearances, with many individuals, especially political activists, being taken by unidentified individuals, sometimes in broad daylight. TLS, in August 2024, released a list of 83 citizens who had disappeared under suspicious circumstances, a number that has since risen to 84. These disappearances have raised fears of a coordinated effort by state or non-state actors to silence dissent and stifle opposition.

The event also featured a discussion on international legal frameworks that could be leveraged to address the issue. Retired Judge Robert Makaramba provided a comprehensive analysis of Tanzania's position in the international legal landscape regarding enforced disappearances. "Tanzania has yet to ratify key international conventions that could significantly curb this issue," Makaramba said. He referenced the Rome Statute's Section 7(2), which defines enforced disappearance as an international crime.

"Eighteen out of 54 African nations have ratified this convention, but Tanzania lags," he noted. This legal inertia, according to Makaramba, has allowed impunity to flourish and has made it harder for the victims' families to seek justice.

Judge Makaramba did not shy away from criticizing the government’s lack of political will to address these disappearances. "The biggest obstacle in resolving these cases is the absence of political will. Enforced disappearances are tied to the state’s apparatus, and without the government’s commitment, we will see no progress," he stated firmly.

 He further emphasized that the continued lack of transparency in handling such cases raises concerns about impunity and the protection of state interests over citizen welfare.

The retired judge also called out the government for employing what he termed the "ostrich doctrine," whereby it buries its head in the sand, ignoring glaring issues. "Tanzania continues to operate under this doctrine—hiding its head while the problem festers in plain sight. We don’t have official statistics, just anecdotal data from TLS and other sources," he remarked, revealing that the TLS has tracked at least 84 disappearances over the past year, though many cases remain unreported due to fear and repression.

In a stark comparison, Makaramba pointed to countries like Nigeria, where terrorist groups such as Boko Haram have abducted over 1,000 girls. He warned that Tanzania is being grouped with nations that are experiencing civil wars and widespread violence, such as Algeria, Ethiopia, and Burkina Faso. "Tanzania should not find itself in the same conversation as these war-torn countries, yet here we are. What does that say about the state of our nation?" he asked.

As the symposium unfolded, the issue of political abductions was brought into sharp focus. Dr. Azavery Lwaitama, a human rights activist and a prominent member of Chadema, offered a heartfelt plea for accountability, particularly in the case of young political activists like Deudedit Soka, who had recently disappeared.

"What threat does a young, unarmed man like Deudedit pose to national security? Why abduct him?" Lwaitama questioned. He further criticized the authorities for failing to act on credible leads. Lwaitama pointed to a whistleblower named Edgar Mwakabela, alias Sativa, who had implicated Criminal Investigation Zonal Commander Faustine Mafwele in orchestrating some of these disappearances. "Sativa named Mafwele directly, yet no action has been taken against him. Why is he still in office? This lack of accountability is eroding public trust," Lwaitama remarked with visible frustration.

He did not stop there. Lwaitama also criticized the broader system of governance, suggesting that the root cause of many of these issues is Tanzania’s outdated constitution. "We need a new constitution, one that reduces the overwhelming power of the president and increases checks and balances," he urged, noting that the Warioba Commission had already drafted a constitution that could serve as a blueprint for reform. "The time has come for Tanzanian lawyers—not politicians—to take the lead in drafting a new constitution," Lwaitama insisted, echoing calls from civil society for constitutional reform.

Religious leaders at the symposium also voiced their concerns about the moral and ethical implications of these disappearances. Bishop Emmaus Mwamakula of the Moravian Church urged the nation’s top leadership to come together and address the issue through dialogue.

 "The President has the power to bring religious leaders and senior statesmen together to find a way out of this mess," he said. His sentiments were shared by Sheikh Issa Ponda, Secretary General of the Shura of Imams, who called for urgent legal reforms. "We are dealing with organized groups that have resources—vehicles, equipment, and intelligence. We must identify their origins and work on legislation to stop them," Sheikh Ponda warned.

As the symposium drew to a close, attention shifted to the role of the police and security forces. The disappearance and abduction cases have often been linked to individuals posing as police officers or security personnel, a tactic that has sown deep mistrust between the public and the authorities.

However, Dar es Salaam Special Zone Police Commander, Senior Assistant Commissioner of Police (SACP) Jumanne Muliro, took the opportunity to defend the police force. He admitted that there have been cases where criminals have impersonated officers, but he urged the public not to rush to conclusions. "We’ve seen many cases where individuals have posed as police officers or other state agents. But we must allow investigations to proceed before making accusations," Muliro said. He stressed the importance of respecting investigative procedures and the rule of law. "Our role as law enforcement is to follow the facts, not public pressure. We cannot afford to fabricate charges or rush investigations just to appease public opinion," he added.

Muliro also highlighted that not all disappearances were politically motivated or linked to specific parties like Chadema. He explained that their investigations had revealed various motives behind these crimes, including personal vendettas, anger, and even witchcraft.

"There are more than eight different motives that we’ve identified in these cases, and it’s crucial to remember that not every victim was a member of Chadema. We need to focus on the facts, not assumptions," he cautioned.

The symposium ended with a renewed call for action, with TLS vowing to continue pressing for transparency, legal reforms, and accountability in the fight against enforced disappearances. The event was a stark reminder that Tanzania must face its challenges head-on if it hopes to safeguard its future as a nation governed by law and respect for human rights.