Statement regarding Rights and Responsibilities of
Government and Civil Society Organizations (CSOs) in Tanzania

We, the undersigned CSOs, have followed closely recent actions by the Ministry of Education and Culture (MOEC) to curtail activities of HakiElimu. We fail to see the justification and legal basis for MOEC actions. We view these actions as a threat to CSOs in Tanzania to enjoy their rights and fulfill their responsibilities. We call upon the Ministry to reconsider its decision, lift the interdiction on HakiElimu, and reaffirm the fundamental freedoms and roles of CSOs.

Tanzania has made considerable progress in promoting good governance in recent years. The Government has taken deliberate steps to open up space for stakeholders to effectively participate in national policy processes. The measures taken against HakiElimu threaten to undermine the considerable progress that has been made.

We view this issue to be much bigger than HakiElimu. Of consequence here are the rights and responsibilities, powers and boundaries, and the space for citizens and their associations to organize, to hold views and opinions, and to express them freely. This affects the rule of law, and how it is applied when the State and CSOs disagree, or when the State is displeased with the views of citizens and their associations. We come together because we view this issue as fundamentally about the space for independent civil society in Tanzania.

Laws and Policies Governing Work of CSOs
We understand that HakiElimu’s activities are consistent with and protected by the laws and policies of Tanzania. Article 18 of the Tanzanian Constitution guarantees the right to freedom of opinion and expression and the right to seek, receive and disseminate information and ideas. The laws under which HakiElimu is incorporated allow it to, among other aspects, undertake research and analysis, publish and disseminate findings, and stimulate public debate. The NGO Act affirms these roles.

National policies also emphasize the role of independent CSOs in development. Section 6.3.2 of MKUKUTA explicitly recognizes the role of CSOs in monitoring and evaluating impact of policies, and enabling communities to do the same. It also calls for CSOs to “advocate for accountability of its members and government to the people.” Section 3.4.2 of the Primary Education Development Plan (PEDP) calls on CSOs “to contribute their experience and knowledge”, “to share information”, “to effectively collect and communicate educational information from and to schools, communities, government and other stakeholders”, and “to conduct education policy analysis and advocacy”.

HakiElimu’s work has been consistent with the laws and policies of the land. Moreover, as the Government has opened up space for policy dialogue in recent years, HakiElimu and other CSOs have participated and contributed actively in the process. All these show a desire among HakiElimu and many CSOs to engage and dialogue with the Government. It is for this reason that we are deeply concerned by the content and tone of MOEC actions in restricting HakiElimu.

Reasons Given by the Ministry of Education and Culture
We have studied the reasons given by the Ministry to interdict HakiElimu. The MOEC Circular No. 5 of 2005 accuses HakiElimu for a) “disparaging the image of the education system and the teaching profession of our country and b) repeatedly failing to “conform with directives given to him by the Ministry of Education”. In a speech on 8 October, 2005 the President is reported to support the actions against HakiElimu because the CSO is said to be too critical and to have misled the public on the true situation of education in Tanzania.

We respectfully fail to see the basis for the above characterization of HakiElimu’s work, particularly in view of the following:

1. The claim that HakiElimu is too critical and overly negative is not supported by the evidence. The PEDP Reviews report it published in August 2005, which seems to have sparked off the actions by MOEC, is a) composed entirely of findings from Government reports that are exhaustively referenced and no new research done by HakiElimu and b) systematically mentions achievements as well as gaps against official targets. Overall, many of HakiElimu’s publications – such as its booklet on key principles for school committees, its popular information sheets on PEDP, its posters with quotes of Mwalimu Nyerere and President Mkapa – can only be construed as positive and supportive of Government. The media spots it broadcasts have actors depicting challenges shown extensively in research reports and widely acknowledged by the public. For example, the media spots show that corruption is a challenge in education; the remarks of the concerned Minister to the last Parliament and PCB reports confirm the same. The spots show that there are insufficient teachers and materials for children with special needs; MOEC and other reports confirm the same, and this is open knowledge to disability organizations. Raising these challenges should be welcomed as the first step to solving them in the interest of quality education for all.

2. The claim that HakiElimu disparages the teaching profession does not ring true. HakiElimu, perhaps more than any other Tanzanian CSO, cooperates closely with the Tanzania Teachers’ Union (TTU). It collaborated with them to conduct a large study of The Living and Working Conditions of Teachers, the first of its kind in over ten years. The study presents facts and concrete suggestions to improve the wellbeing of teachers. HakiElimu also supported TTU to reprint over 100,000 copies of the TTU Constitution so that its members could be well informed of their rights and responsibilities. Thousands of teachers throughout the country participate actively in HakiElimu’s activities, such as its public essay competitions, and correspond regularly with the organization. In fact, the TTU presented HakiElimu with a special certificate of recognition this year.

3. The reference to HakiElimu ‘failing to conform to directives’ given by MOEC strikes us as misplaced. HakiElimu is not a department of the Government and should not be treated as such. By their very nature, CSOs are independent, ‘non-governmental’ and self-governing. As such, we fail to see which directives the Ministry has the mandate to give to CSOs which they are obliged by law to follow. The essence of civil society in a democratic society is to have freedom and diversity of opinion; for citizens and citizen associations to both agree and disagree with Government, to at times cooperate with and at other times challenge the Government, as long as the laws of the land are respected. A fundamental responsibility of the Government is to promote and safeguard the space for civil society to think and express itself independently of Government; even or especially when citizens and CSOs are critical of Government.

Conditions for Lifting the Interdiction
We understand that MOEC has stated five conditions for lifting the interdiction on HakiElimu. These are a) withdraw all media spots, b) agree to prior approval by MOEC of all studies/publications, c) provide proof that HakiElimu is a genuine well intentioned educational NGO, d) ensure HakiElimu is led by competent professionals in education, and e) provide satisfactory explanation regarding authorization and objective of the PEDP Reviews report. With all due respect, these conditions appear to violate the very basic freedoms and roles of CSOs in a democracy.

The requirement to withdraw media spots and to seek prior approval from MOEC for all publications is tantamount to censorship, and violates among others Article 18 of the Tanzanian Constitution. The requirement for HakiElimu to prove it is genuine and well intentioned is a subjective matter and impossible to ‘prove’. That HakiElimu is led and staffed by competent officers is clear to many of us who observe the quality of their work and analysis, and that is why we have often elected them to positions of leadership. Regarding the PEDP Reviews report, the mandate for publishing it is provided in, among others, the PEDP document itself and the objective is stated clearly in the document.

Taking them as a whole, what indeed is the legal basis for the conditions? We know the Government fully intends to promote and uphold the rule of law in Tanzania. This being the case, it is the responsibility of MOEC to clearly state which specific laws have been broken by HakiElimu, if any, and which specific laws give MOEC the powers to interdict HakiElimu and demand compliance with the above conditions.

Conclusion and the Way Forward
The Government has committed itself to good governance, human rights and the rule of law. The President has championed transparency, openness and accountability. In recent years, the Government has made progress in these areas and received accolades from around the world. The actions against HakiElimu are of serious concern, because they represent a step backwards and appear to be contrary to the commitments of the country and cherished aspirations of its people.

What is important now is to rectify the situation and move forward to reinstate an environment of healthy Government-CSO relations governed by democratic standards and the rule of law. In this light, we urge MOEC to reconsider its position and to take the following action:

1. Lift the interdiction on HakiElimu from undertaking and publishing studies regarding Tanzanian schools and rescind the MOEC Circular Number 5 of 2005.
2. Reassure civil society that the basic rights of all individuals and organizations in Tanzania will be safeguarded and protected at all times.
3. Promote open dialogue, public debate and full participation of civil society in all policy processes, including education.

While we regret recent events, we are committed to sustaining the constructive and productive relationship we have enjoyed with various parts of Government. As CSOs, we continue to welcome dialogue with Government to seek mutual understanding and resolution. We are confident that we can resolve the issue at hand and be reassured that civil society can operate independently in Tanzania without fear of retribution. We need to come together, for the sake of the wellbeing of the people and democracy of Tanzania.

Signed:

1. Actionaid Tanzania
2. Aide et Action
3. ADAP
4. ADILISHA
5. Advancement Women Association (AWA)
6. Agency for Cooperation and Research in Development (ACORD)
7. AMANI-Early Childhood Care and Development
8. Baraka Goodhope Orphans’ Development
9. Campaign for Good Governance (CGG)
10. CARE International
11. CED Program
12. CHIRIKO
13. Coastal Youth Vision Agency (CYVA)
14. CODE COZ
15. Community Active in Development Association(CADA)
16. DOLASED
17. ECOTERRA
18. FAWE Tanzania
19. FemAct Coalition
20. Fight against Fraud Crime and Corruption (FCC)
21. ForDIA
22. Gender Network for Dodoma Region (GENDOR)
23. Green Hope Youth Organisation
24. Hakikazi Catalyst
25. Hoope Adventure Tours (T)
26. Information Centre on Disability
27. Instituto Oikos
28. Inuka Centres for Girls Empowerment
29. Journalism Environment Tanzania
30. KIVULINI Women’s Group
31. KULEANA
32. Lake Zone Art Group(LZAG)
33. Lake Zone Orphanage and Center (LAZOKA)
34. Land Rights Research and Resources Institute (LARRRI - HAKIARDHI)
35. LEAT
36. Legal and Human Rights Centre
37. Life Skill Association (LISA)
38. Maajabu-Tazama
39. Maarifa ni Ufunguo
40. Marcus Foundation (MGF)
41. Misali Island Conservation Association
42. MISA Tan
43. Muungano wa Wavuvi Tanzania (TAFU)
44. Mwanza Development Group
45. Mwanza Policy Initiative (MPI)
46. MWAYODE
47. National Network of of Organisations Working with Children (NNOC)
48. Netherlands Development Organisation (SNV)
49. Norwegian People’s Aid
50. Nyanza Social Economic Development
51. Nyanza Social Economic Development Association (NSEDA)
52. OXFAM GB
53. OXFAM IRELAND
54. PACT Tanzania
55. PAMOJA Trust
56. Participatory Ecological Land Use Management (PELUM)
57. PINGOS Forum
58. Policy Forum
59. Poverty Africa - Mwanza
60. Rafiki Family
61. Rukwa Association of NGOs (RANGO)
62. Sand County Foundation
63. Save the Children UK
64. SHENDENA
65. Shinyanga Foundation Fund (SFF)
66. Shirika la Kupambana na Umaskini na Kuleta Maendeleo ya Jamii (SHIKUKUMAJA)
67. Shirikisho la Vyama vya Watu wenye Ulemavu Tanzania (SHIVYAWATA)
68. Southern Africa Human Rights NGOs Network (SAHRINGON) Tanzania Chapter
69. Swahiba Sisters
70. Taaluma Women’s Group (TWG)
71. Tabora Voluntary Development Society (TADESO)
72. TADREG
73. TAMWA
74. Tanzania Education Network (TEN/MET)
75. Tanzania Forest Conservation Group (TFCG)
76. Tanzania Gender Networking Programme (TGNP)
77. Tanzania Network for Community Health Funds (TNCHF)
78. Tanzania Women Lawyers Association (TAWLA)
79. Tanzania Association for People Living with HIV and AIDS (TAPLA)
80. Tanzania Women Linving with HIV and AIDS (TAWOLIHA)
81. The Leadership Forum
82. Ujamaa-CRT
83. Umoja Community Resource Trust
84. VAHIMA GROUP
85. VIBINDO Society
86. Voluntary Services Overseas (VSO)
87. WAMATA
88. Women Science and Technology Association (WODSTA)
89. Women’s Advancement Trust (WAT)
90. Women’s Dignity Project (WDP)
91. Women’s Legal Aid Centre (WLAC)
92. YMCA-Mwanza
93. Youth Action Volunteers
94. Youth Empowerment for Sustainable Development (YES)
95. Youth Media Development Club
96. Youth Partnership Countrywide

Any other organizations interested in joining us in this statement please submit your endorsement (signed by the Chief Executive of your organization) to:
Tanzania Education Network (TEN/MET) Fax No: 022 2152237