MABADILIKO YA KATIBA YA JAMHURI YA MUUNGANO WA TANZANIA

Imeandaliwa na,

EMMANUEL MASSAWE na HERI AYUBU

CHAMA CHA WANASHERIA WATETEZI WA MAZINGIRA (LEAT)

© Juni 2011

Utangulizi

Katiba ni mwongozo wa jinsi ya kufanya mambo katika jamii ya kisiasa, katika nchi. Mwongozo huu ni mali ya wale waliokubali kuwa nao. Kila jammi au hata taasisi ina miongozo midogomidogo inayosema nini kifanyike litokeapo jambo fulani. Kwa nchi ambayo ina mambo mengi na watu wengi mwongozo huo ni wa muhimu zaidi. Ni muhimu kwa wanajamii iliyokubaliana kuishi pamoja kama jumuiya kuwekeana misingi au mfumo ya uongozi na usimamizi wa jamii hiyo katika maeneo muhimu kama vile; stahili za wanajamii, wigo wa madaraka, mgawanyo wa rasilimali miongoni mwa makundi mbalimbali, na kujibu maswali mbalimbali miongoni mwa wanajamii, kama vile;

1.   Nani atastahili kuwa kiongozi? Na je, atapatikana kwa mfumo upi? Kwa kipindi gani cha uongozi? Na upi utakuwa mfumo wa kudabilisha uongozi? NANI watahusika?

2.   Nini malengo ya kuwa na Uongozi? Ni mamlaka gani watu wanaweza kuwapa viongozi kukamilisha malengo hayo? Je, watu waupe uongozi mamlaka yote, au baadha ya mamlaka wabaki mayo?

3.   Kama sehemu ya MAMLAKA itabaki kwa wananchi, Je, ni mfumo upi utahakikisha kuwa viongozi kamwe hawavuki mipaka ya madaraka waliyopewa?

4.   Kama watu hawaridhiki na uongozi uliopo madarakani, Ni namna gani watahakikisha wanawaondoa madarakani?

5.   Iwapo mtu au kikundi cha watu kimevinja MAKUBALIANO yaliyowekwa na Jamii hiyo, Wafanywe nini, na kwa Taratibu zipi?

6.   Ni nani atakuwa na jukumu la kutatua migogoro inayoibuka kwenye Jamii? Kati ya mtu na mtu, watu na serikali yao? Je ni chombo huru? Uhuru kiasi gani?

7.   Kwa mikakati ipi, jamii italishughulikia kundi la wasiojiweza? Je hili ni jukumu la familia, au jamii nzima?

8.   Ni namna gani GHARAMA zitokanazo na maisha ya viongozi zinachukuliwa? Nani anawajibika, wanajamii wote au kundi Fulani la watu?  

9.   Ni nani anaamua kuhusu RASILIMALI za jamii? Na ni mfumo upi utaamua UGAWAJI wa rasilimali hizo? Ipi ni MIPAKA na VIKOMO vya Utumiaji wa RASILIMALI za jamii.

10.               Je, KATIBA hii inaweza KUBADILISHWA? Kama ndiyo, Ni nani au ni CHOMBO gani kitakuwa na mamlaka ya kufanya mabadiliko hayo? Viongozi? WATU?

Aina za Katiba

Kuna aina mbili za katiba:

1.   Zilizoandikwa au katiba andishi (mf. Tanzania katiba ya sasa,Marekani, Kenya, n.k.).

2.   Ambazo hazijaandikwa au Katiba Mapokeo (mf. Uingereza)

Tangu tupate uhuru tumepata kuwa na katiba zifuatazo:

1.   Katiba ya Uhuru (1961)

2.   Katiba ya Jamhuri (1962)

3.   Katiba ya Mpito ya Tanganyika na Zanzibar (1964) 

4.   Katiba ya mpito ya mwaka (1965)

5.   Katiba ya Jamhuri ya Muungano wa Tanzania (1977)

Katiba mpya ya jamii yoyote iwayo  inaweza kuundwa kwa kutumia njia zifuatazo: 

1.   Njia ya viraka

Hapa wahusika wakuu wa nia hii ni wawili – serikali na Bunge. Serikali 
inapendekeza hayo mabadiliko na Bunge linayajadili na kuyapitisha (au 
kuyakataa). Hadi sasa kumekwishakuwa na marekebisho 14.

2.   Njia ya waraka maalum wa Serikali (White Paper)

Njia hii ilipendekezwa na Serikali katika mabadiliko ya Katiba ya 13 hapo 2000. Waraka wenyewe ulikuwa wa 1999. Wahusika wakuu katika njia hii ni Serikali inayochagua nini kingie kwenye mapendekezo hayo. Wananchi hutoa maoni yao kuhusu kilichopendekezwa na Serikali. Bunge ndilo hupitisha mapendekezo hayo.

3. Njia ya wataalamu na Bunge la Katiba 

Njia hii ilipendekezwa na Tume ya Jaji Nyalali. Wahusika wake wakuu ni wawili Tume ya Wataalamu watakaotengeneza rasimu ya Katiba mpya na Bunge la Katiba (yaani lililochaguliwa maalumu kwa ajili ya kupitisha Katiba). Njia hii inajaribu kuleta urari kati ya nafasi ya wataalim katika Tume ya Katiba nay a wananchi kwa kupitia kwa wawakilishi wao katika Bunge la Katiba. Tume ya Katiba inatakiwa iwe na uwakilishi mpana ili vyama na vikundi mbalimbali viweze kuwakilishwa, au viridhike na kazi yake.

4. Njia ya kutafuta ridhaa ya wananchi i.e Referendum

Njia hii imependekezwa na viongozi wa vyama ya upinzani na wataalamu mbalimbali. Njia hii inawapa nafasi wananchi kutengeneza Katiba. Kwa hiyo kunakuwa na hatua nne:

Kwanza Mkutano wa Taifa; pili Tume ya Katiba; Tatu Bunge la Katiba; na mwisho, Kura ya Maoni. Katika njia hii wana wajibu ufuatao:-

1. Wanaonekana katika mkutano mkuu wa taifa.
2. Wanachagua watakaoingia katika bunge la katiba.
3. Wanapiga kura ya maoni ili kuridhia yale yaliyopitishwa na Bunge la Katiba.

HISTORIA YA MABADILIKO YA KATIBA YA JAMHURI YA MUUNGANO WA TANZANIA 1977

Ndugu wanazuoni yafuatayo ni mabadiliko ya katiba yetu tangu mwaka 1977 ambayo wengine wanaita viraka, Katiba iliyopo imeweza kubadilishwa bila kuunda nyingine mpya. Katiba tuliyonayo Tanzania imebadilishwa ili ikidhi matakwa ya viongozi wetu wakati husika huko nyuma. Mpaka sasa katiba ya sasa ya Tanzania (1977) imeshafanyiwa marekebisho kumi na nne kama ifuatanvyo: - 
Mabadiliko ya Kwanza: 1979: yaliyounda Mahakama ya Rufani ya Tanzania.Mabadiliko ya Pili, 1980: yalihusu kuiingiza Katiba ya Zanzibar katika Katiba ya Muungano. Mabadiliko ya Tatu, 1980: yalizungumzia uchaguzi wa Rais wa Zanzibar (kazi zake, muundo wake), na Baraza la wawakilishi (muundo, mamlaka, na utungaji sharia zisizohusu mambo ya muungano).
Mabadiliko ya Nne, 1982: yalihusu utaratibu mpya wa kuteua wakuu wa mikoa.  Mabadiliko ya Tano: 1984: yalihusu kuongezwa sehemu III – Haki za Binadamu – katika  Katiba; kuimarisha Muungano, mgombea urais Zanzibar kupata Baraka za Kamati Kuu ya CCM. Mabadiliko ya Sita, 1990: yalihusu muundo mpya wa Tume ya Uchaguzi na mamlaka yake.
Mabadiliko ya Saba, 1990: yalihusu masharti ya mgombea mmoja tu kwa urais wa Zanzibar.
Mabadiliko ya Nane: 1992: yalihusu kuufuta mfumo wa chama kimoja na kurejesha mfumo wa vyama vingi. Mabadiliko ya Tisa, 1992: yalihusu namna ya kuchagua rais na mamlaka yake. Yalileta pia uwezokano wa ku-impeach rais, na kupunguza uwezo wa rais kulivunja bunge bunge kirahisirahisi.
Mabadiliko ya Kumi: 1993: yalihusu kuwezeshwa kwa Tume ya Uchaguzi kusimamia uchaguzi wa madiwani. Mabadiliko ya Kumi na Moja, 1994: yalihusu nafasi ya Makamu wa Rais, na kuongeza aina ya   wabunge. Mabadiliko ya Kumi na Mbili, 1995: Mabadiliko yalihusu:-

1. Kipindi cha kushika madaraka kwa Makamu wa Rais.
2. Kura ya kutokuwa na imani na Waziri Mkuu.
   Nafasi ya mawaziri na manaibu waziri zinavyoweza kuwa wazi.
3. Kuongeza aina za wabunge.
4. Sifa za kuwa mbunge wa kuchaguliwa au wa kuteuliwa.
5. Kuhusu maadili ya uongozi ya wabunge.
6. Wabunge kutangaza mali walizo nazo.
7. Kuhusu Spika na Naibu Spika.
8. Mamlaka ya kuunda kamati mbalimbali za Bunge.

Mabadiliko ya Kumi na Tatu, 2000:Mabadiliko hayo yalihusu:-

1. Kupunguza idadi ya wanaoweza kuteuliwa na rais (kif. 33-37)
2. Rais kuteua wabunge 10.
3. Uhuru wa Mahakama (Kif. 107A na 107B).
4. Kuongeza asilimia ya wabunge wanawake toka 15% hadi 20%.
5. Ubaguzi wa kijinsia {Kif. 13 (5)}.
6. Kuanzisha tume ya Haki za Binadamu na Utawala Bora.
7. Rais kuchaguliwa kwa wingi wowote wa kura na sio 50% na zaidi kama awali.

Mabadiliko ya Kumi na Nne, 2005: Mabadiliko hayo yalihusu:-

1. Mgawanyo wa mamlaka baina ya matawi matatu umeimarishwa.
2. Kuifanya Katiba isiwajibike kwa sharia nyingine kwa kutoa maneno “Bila kuathiri sheria……..” katika vifungu vya Katiba.
3. Haki za Binadamu zimeimarishwa ndani ya Katiba.
4. Mahakama kama chombo chenye mamlaka ya mwisho ya kutoa haki katika Tanzania; uteuzi wa Majaji, kusimamishwa kazi Majaji n.k.
5. Idadi ya wabunge wanawake wa Viti Maalumu na wale watokanao na wanaoteuliwa na Baraza la wawakilishi Zanzibar.
6. Kukaimu urais: Kuwaondoa waliokuwa wanaweza kukaimu urais wanaotoka katika matawi ya Mahakama na Bunge na kuweka wanaotoka katika tawi la utendaji (Waziri Mkuu na Mahakimu wa Rais)
7. Wagombea kupita bila kupingwa na kura ambazo chama kitapata kwa ajili ya mgao wa viti Maalumu.

Msingi wa USTAWI wa jamii ni MWONGOZO na DIRA wa jamii hiyo. Jamii isiyokuwa na Mwongozo mzuri kamwe haiwezi kupata maendeleo, kuwa na misingi ya Usawa, Itakosa Uadilifu na Kukosa Mwelekeo. Jibu la VIKWAZO hivi pamoja na MASWALI yote yaliyoainishwa hapo juu, ni KATIBA. Tanzania ipo katika mchakato wa kupata KATIBA MPYA na ni matumaini kuwa wananchi wote watakuwa MSTARI wa MBELE kuhakikisha wanajibi maswali na matatizo yanayowasumbua WATANZANIA kwa kupitia katiba.

WHAT TRANSPIRED IN TARIME

Arrived on 23^rd; we met with the relatives of the deceased Mr. Magige Gati who is the father of the deceased Emmanuel Magige (27 yrs), Mr. Gasaya Matiko Maisaya who is the uncle of the deceased Chacha Ngoka Chacha            (19 yrs), Mr. Mkono Boke a brother of the deceased Chawali Boke (28yrs), Mr. Chacha Marwa Mwita a brother of the deceased Mwikwabe Marwa Mwita (32 yrs) and a step brother of the deceased Chacha Mwita (25 yrs) Mr. Marwa Mwita.

We visited the district hospital (mortuary) to be specific but we were outside the mortuary, we visited where the deceased relatives were camping and met with the CHADEMA leaders headed by Hon. Tundu Lissu (MP) Singida North, talked to the councillors and other citizens asking about their views on the killings.

While at the camp we found Tundu Lissu talking on the phone with the police chief police of Tarime SSP Eliakim .A. Massenga about the restriction letter (herein attached as index A) whereby the MP was insisting on carrying out the marching and farewell ceremony as they previously agreed upon between the police and CHADEMA and the deceased’s relatives, but as the letter stated the SSP stood his ground that no such thing will happen and cautioned him that he should not engage himself in such thing. After that they (MP and deceased’s relatives) agreed that police are in a conspiracy to steal bodies in the mortuary and take them in their villages and either burry them or just reach them to their villages and so they made a decision that they will go to the mortuary and take guard to make sure that nothing happens to the bodies.

After that we passed in the streets to see what the situation out there was, and we met with police cars full of fully equipped FFU’s with guns and, teargas and water spray cars, and they were announcing that people should not engage themselves in the act of gathering in any way and they should stay at home as there will be no gathering of any kind, they made rounds in town for almost two hours from 1600-1800.

Then we went to the hospital to see if the relatives will be there to guard as they agreed plus talking to people there, we arrived there around 1843hrs in the evening and found a small group of people a bit distant from the mortuary talking to one another and a police car with 8 FFUs on board with guns guarding the mortuary, we started asking people on how they take the situation and all the people we talked to were so emotional and sad on what had happened, most of them showed strong feelings of hatred towards the police, District Commissioner  and the government as a whole, as they quoted the DC’s words that “sheria inayotumika Tanzania haitumiki Tarime” this statement is what makes these people furious as they think as they are neglected and as if they are not Tanzanians, some said if the Tanzanian law does not apply in Tarime then Tarime should declare itself a free state and have its own constitution.

Other people shared their stories saying these five deaths are the only ones which hit the public but there are many deaths which occurs every year of not less than 20 people per year in the North Mara gold mine not to mention the injured and cripples due to this fiasco. One Mr. Wandiba, disclosed that there are more than 70 people who dies every year and the injured are as many than words can explain, he further stated he witnessed his friend Chacha Mgaya shot on the leg in April 2010 at Nyamongo, and was sent to Bugando hospital where he went to visit him and only to find out his leg was amputated, he said he could feed more information about the situations and he provided his phone number for further clarifications and enquiries 0785-747412.

The other person I talked to said that those people were not robbers as they are claimed to be but rather it was an ongoing deal which went south between the mining guards and the small miners, the deal is when there is potential sand coming in of which the guards knows for sure that the sand contains gold they alert  the small miners, call them in, point them where there is that hip of sand and give them 5 minutes to get in and out, in return these guards are paid by these miners in cash between 500,000 – 1Million Tshs for each miner before hand, and it is said that this had been going on and on for so long until in the night of this fateful day when the big boss paid a surprise visit in the mine while these miners were already in, to clear their names the guards started shooting at these miners and claim that they were intruders, then they started running out of the mine hence explains the wounds at the back showing that they were running and not attacking as they were claimed to have been. This story has been collaborated by two other persons saying the same thing, the court clerk at the District court and a fellow passenger I was sitting with from Musoma to Mwanza, each one of these people said the same story that this was a racket between the guards and the small miners.

Around 1900hrs still there was a small group of people gathering around hospital and i asked them what they were doing there at that hour and they said they were there to make sure the bodies are not stolen by the police as they suspect police are planning on doing just that, I asked them why they are only few numbers of them and they said others are coming, they come separately so that to avoid suspicious from the police and avoid to be seen as they were marching, at the same time the FFU car left and 5 armed – uniformed police officers and many other un uniformed police replaced them in guarding the mortuary.

Around 1920hrs Tundu Lissu and other 10 people arrive at the hospital ground and all people gathered around him which made me go there too to see what was going on, I found him talking to on the phone I would not know who he was talking to on the other side but from time to time he would address him as “MWENYEKITI” and at one time he was saying “kama hawatakubaliana na kile tunachokitaka basi sisi tutaendelea kuwepo hapa hadi hiyo asubuhi na hatutachukua hiyo miili kwenda kuzika...” after he hung up I asked him the same question, that what if the police won’t give in to their demand the following morning, what will they do and he said, “kuna mambo manne yatakayotokea, moja we will be beaten up, pili they will arrest us, tatu they will kill us au they will send us to jail, lakini vyovyote itakavyokua tutahakikisha haki inatendeka”3hours after we the same speculation they had about the police stealing the bodies became true, as around 10pm armed police in a car rushed in and ambushed the mortuary, took the bodies put them in the coffins they came with and stormed out, beating those people around in the process and arrested 8 people including Hon. Tundu Lissu my partner Mr. Stanslaus Nyembea charging them with three offence i.e.: criminal trespass, unlawful assembly and obstructing medical practitioner and police officers in the execution of their duties; (see the attached affidavit)

The bodies which  were taken were  dumped either in the deceased village or near deceased village, either way those coffins were dumped on the roadside and the relatives wouldn’t dare touch the coffin as they didn’t know what to do with the coffins as they didn’t know whether the coffin is of their relative or somebody else’s (see picture bellow)  

 

Coffins were just dumped alongside the road near deceased’s villages

the next day I started to look for alternative way to find out which lockup was my partner in and try to see what are the charges and se way through but eventually after a two days in the cell he and seven others were released on bail and are required to appear on 27 June 2010;

LESSON LEARNT

Tarime is not a bad place as it is  said and its people are not as bad, but the problem is with  the leadership, police in particular, the police are the ones who causes commotions in tarime and blame it to the people, Human rights to them is a LATIN word which does not appear in their vocabulary, human rights are highly abused  in tarime and people are silenced whenever they try to raise their voices to claim their rights and hence they tend to take law in their own hands as they refer to the day to day mistreatment they get from the police and the statement from the DC that the Tanzanian law does not apply in Tarime:-

-          That legal aid is so much needed out there as people are mistreated and humiliated, faces police brutality, cannot access justice simply because they know almost nothing about law and for those who does do not know how and where to start.

-          Human rights are intensively abused as people when in police hands are treated like animals, remanded are denied bail, humiliated, ill-treated, tortured, beaten up and live in fear without knowing what will be their fate. The police are the law out there if you collaborate with them you can go free and that is after bribing them.

-          People are being framed in cases they haven’t done, for example there is this guy who was arrested in 2009 and now he is charged with murder for killing someone who died 2011, now the question is how can someone commit a murder in future? That is how can someone be arrested for killing somebody who dies 2 years after his arrest? The said deceased was arrive the time this guy is arrested and was charged with this murder case but the said killed was arrive until this year; it doesn’t make any sense, and he was told if he wants to get out he must pay one million Tshs, he had no money and so he stays in jail up to now.

-          Corruption within police force is highly pronounced as without bribing them nothing can be done towards justice and people knows that, it is a known fact that right is for sale out there, it is the HAVES vis-a-vis the HAVE NOT.

-          There is a big gap between the police and the people as the fact clearly shows police are not friends of the common people but rather enemies, people do not take police as a tool to get justice but rather an instrument to deprive justice.

-          The government uses its position to suppress freedom of speech of the tarime people, I have witnessed people are afraid to come out and express what they feel towards their own government officials as they claim that when they do that most of them are arrested, and when they saw us they were thankful and very open to express their feelings and what they are facing, when i asked them why can’t they go to their village leaders or councillors or face the police or DC they simply said it can’t be done as easy as i think, they say human rights or justice are only available in other regions not tarime as in tarime there is no people based system but rather a system to favour and protect a few who are able to turn a blind eye on justice and bend the law towards their favour.

-          People are tired of all these and are eager to have a new system, new order and new life with fear-free, justice society, they are tired of being regarded as cruel, heartless, savages and killers they want their names and society to be cleared from all this, and they blame the system for all this, and by system they mean Police and the government as the police do not discharge their duties accordingly but rather favours the existing government.

-          These people needs urgent legal aid and human rights education.

-          Police needs immediate education on their duties and human rights as they are the one who has to protect but they are doing it contrary to their requirements.

-          That police use drugs, specifically Bhangi, this I overheard the police when we were in court they were bragging about what type of Bhangi is great, and there was this police who had the biggest gun of all, he said the Bhangi which so active is the one which is still at its growing stage and it should be smoked while still green and not dry as the smoke which comes out of it are pure, and the other police supported him and they were laughing. We both know what drugs do to people when they use it especially Bhangi as it turns human to animal and that explains their cruelty towards their fellow humans, this is not good at all as far as their duties to the citizens is concerned, how can he prevent drugs while he is the one using it, will this police feel humanity towards the people he encounters?

WHAT DO PEOPLE SAY

“hivi kwa mtindo huu blaza huo ulinzi shirikishi na polisi jamii itawezekana kweli? Maana wanaotaka tushirikiane nao ndio hao hao wanatuua...” that was the answer i got when i asked one of the distant relative of the deceased about what do they think of community police, it is the fact that the way people of tarime perceives the police force there is no way they are going to cooperate in polisi jamii or ulinzi shirikishi as they say police are not their proctors but they are the killers so how can they cooperate with the killer? They insist that this thing will never go unnoticed as they will retariate by taking the law at their own hands until they see justice is done in their own way and not by the law books as the Tanzania law does not apply in tarime.

WHAT DO POLICE SAY

I talked to one National security guy from dare s Salaam headquarters whom we met at police station to hear about what are his views; he gave me different story that those people were shot because they invaded the mine with weapons and threatened to kill the guards so that they take the sand which was said to contain gold, police gave a warning shot but people still charged in and were about to go enter the offices where they keep pure gold, he further said that those people were about 800-1000 in number and guards were only 10, so he further argued that any reasonable person would have done the same as what those guards did and that is firing directly at them, as he provided that it was self defence as the guards could not contain the group of all those people who were with weapon, when i asked him apart from him being a police officer, morally and as a human being what does he say about all this, he said “this is not right, everybody has the right to live, but the problem here is politics is twisting this issue to cover up big issues..” he didn’t say what are the issues which are covered, he further told me that if my partner is not my relative or close friend i should not bother with the case as the case was untouchable for all decisions come from the white house directly from the president who needs to be updated about the case after every 3 hours and i personally overheard him talking on the phone with IGP asking him about the updates of the case, he further said technically there was no case against those 8 people who were arrested but rather it was a way of making sure that they stay in until the burial is done then the next day they will be released on bail, and that was real what happened.

I went to the prison where those arrested were being held and I talked to the prison officer in charge, I went there on two purposes, one to see my partner Mr. Nyembea and two to try to get some information and views about what he thinks, he welcomed me warmly, he helped me see my partner and we talked about the case, he told me there was no case against those arrested but rather it is a political based case, he further said that he is not happy with what is happening as people around there are poor not by choice but because the government make them to be that way and the only source of economy they have is mining, he was wondering when will the government will ever realise that these people needs help and not be brutalised, jailed and beaten up he said this will not solve anything but rather increase enmity between people and their government and soon or later there might be bloodshed out there and the only part to be blamed will be the government for not using proper channels in solving the community problems.

WHAT DO RELATIVES SAY

They are so saddened with the whole situation, from killing to the denial of their right to bury their deceased humanly and with respect, they blame the government, the police and all other people who sides and support the government on this, after we talked to them we wanted to know some details concerning their deceased and relation they had with them, they were very cooperative and gave us the very details we were asking and the table bellow explains these details.

sn	NAME OF THE DECEASED	AGE	PLACE OF LIVING	WHERE WAS HE SHOT AT	INTERVIEWEE
1	Emmanuel Magige	27 yrs Single	Nyakunguru-Nyamongo	Back-with 2 bullet holes (waist-1 bullet Back-1bullet)	Magige Gati  (father)
2	Chacha Ngoka Chacha	19 yrs-Single	Kiwanja-Nyamongo	Back and the bullet came out through chest.	Gasaya Matiko Maisaya. (Uncle)
3	Chawali  Boke	28yrs- Married with 3 kids	Sedeko-Serengeti	Back of the Head and it came out of through face.	Mkono Boke (Brother)
4	Mwikwabe Marwa Mwita	32 yrs-Married with 4 kids.	Kitunguruma-Serengeti	Waist/stomach	Chacha Marwa Mwita (Brother)
5	Chacha Mwita	25 years-Single	Nyamongo and was buried at Bizaru through gvt intervention to hide the fact.	on his back 3 Bullet holes were found	Marwa Mwita (Step brother)

All in all the government should be extra careful in the future in dealing with such situations as they occur because if no early preparations to prevent future occurrence of this kind, it will not surprise me if one day the genocides like that of Rwanda happens in Tarime.

THE NYAMONGO –TARIME MASSACRE AND HUMAN RIGHTS CRISIS

Compiled by;

Nyembea Stanslaus

0717082304

nyembeason@yahoo.com

 Tarime Live-

Criminal case no. 210/2011

The police army, on 16^th May 2011 intentionally shot dead five people in Nyamongo-Tarime and inflicted seriously bodily harm to many others alleging that they invaded one of the Barrick Gold mines at Nyamongo-Tarime district.

As part of its work, LEAT sent a special research/fact finding mission to collect facts regarding Nyamongo-Tarime massacre and impunities reportedly taking place on 16^th May 2011. The fact finding mission composed of Mr. Stanslaus Nyembea (LEAT) and Evans Sichalwe (LHRC).

On n 25^th May 2011, LEAT had an interview with some of the eye witnesses and family members of the deceased.

In the interview, LEAT satisfied itself that five people, most of them youth aged between 20-32 years were inhumanly killed by police. The gunning of the deceased was intentionally done.

Herein below is the list of the deceased:

S/N	NAME OF THE DECEASED	AGE	PLACE OF LIVING	SHOT PART OF THE BODY	INTERVIEWED
1	Emmanuel Magige	27 yrs Single	Nyakunguru-Nyamongo	Back-with 2 bullet moulage wounds (waist-1 bullet Back-1bullet	Magige Gati-the father of the deceased
2	Chacha Ngoka Chacha	19 yrs-Single	Kiwanja-Nyamongo	Back and the bullet came out through chest.	Uncle- Gasaya Matiko Maisaya.
3	Chawali  Boke	28yrs- Married with 3 kids	Sedeko-Serengeti	Back of the Head and it came out of through face.	Brother-Mkono Boke
4	Mwikwabe Marwa Mwita	32 yrs-Married with 4 kids.	Kitunguruma-Serengeti	Waist/stomach	Brother-Chacha Marwa Mwita
5	Chacha Mwita	25 years-Single	Nyamongo and was buried at Bizaru through gvt intervention to hide the fact.	3Bullet moulage wounds on his back	Step brother-Marwa Mwita

Key facts collected by LEAT:

1.        Police force used excessive force

2.      Killings were done intentionally.

3.       The deceased and others who were alleged to invade the Barrick gold mine were completely unarmed.

4.      The deceased and other gunned victims were collecting leftovers outside Barrick Mines after been permitted by police on duty.

5.       Mr. John Henjewele, DC for Tarime is allegedly to be behind the killings and is extra happy with this atrocity and human rights crisis and wishes the incident could have claimed more lives of the people. He was quoted telling the family members of the deceased that he wished more people could have been killed!

6.      The police refused to allow CHADEMA and family members to have public services for the last respect paying, previously arranged to be held at Saba Saba ground. The letter with Ref. No. TAR/A.14/3/B/226, dated 23/05/11 signed by Senior Superintend Police-SSP Eliakimu Massenga proves this.

7.      The government has, all the time, been behind this atrocity.

8.      On 25^th May 2011 around 10.00pm, police force full armed raided mortuary, beaten up and arrested family members of the deceased and took the deceased. Police force then left some of the bodies of the deceased by the roadside few metres from their homes/relatives.

    LOCK UPS OF THE CHADEMA, DECEASED FAMILY MEMBERS AND LEAT LAWYER.

LEAT, got a call from one of the interviewed relatives of the deceased around 10.00pm that police force has raided mortuary, severely beaten and arrested CHADEMA and family members who were guarding mortuary. Further police had taken the bodies from mortuary forceful, mercilessly, inhumanly and without covering the bodies with any piece of clothes (naked). The police force took the bodies to the villages where the deceased came from. It is important to note that some of the deceased were left by the roadsides. On his way to witness the incident, nearly 100 metres to the scene, LEAT lawyer, Mr. Stanslaus Nyembea was arrested and detained by police and later on charged of three counts namely; illegal gathering, criminal trespass and unlawful restraining medical officer from conducting post-mortem.

IN LOCK UPS

LEAT lawyer, Mr. Stanslaus Nyembea was detained at Tarime police lock-up. In lock ups, LEAT witnesses several human rights violations and mistreatment of the remandees. LEAT highlights some of the key human rights violations hereunder;

a.      Torture

There were three severely beaten and tortured inmates in the lock up where LEAT lawyer was locked up. They were suspected to be involved in armed robbery in Tarime suburbs. The suspects alleged to be arrested by police and taken to unidentified/secret torturing camp/house whereby they were tortured while their eyes covered by clothes. Hot and cold water were poured on their bodies rotationally. They were then slashed with sticks at different parts of their bodies. One of the victims, famous known as Bastard, was then tortured in different parts of his body by using pliers. Leather made robs were used by police to discipline the victims. Neither of them were taken to hospital despite their bad health conditions especially, Mr. Bastard.

Also, Mr. Stanslaus Nyembea met someone who was allegedly shot three times on his foot. The most important issue to take note is that he was shot after been arrested.

Further, Mr. Stanslaus Nyembea met someone who alleged to have been set free by the court and rearrested and held by police for a week. He was told that by the police that they wanted to take his photos as it seems that he was appearing to have committed several serious crimes. Amazingly, he was taken to police custody and   remanded for several days without been informed any allegations against him.

The victims told LEAT lawyer that famous torturing secret camps are in Tarime town and Utegi. However, the location can’t be traced as all victims were covered their eyes while heading to the places for such extra judicial and inhuman punishments. Further, some victims told LEAT that there is a forest place earmarked by police in Tarime, special for carrying out these inhuman activities.

Horribly, LEAT met one inmate, who informed us that he is a counsellor in one of the words in Tarime. He narrated to LEAT stories of the bodily harm inflicted on him by police. He was nailed nearby his ankles on both of his legs just like what the Bible tells us about Jesus.

TARIME REMAND PRISON SITUATION

LEAT met a shocking situation in Tarime remand prison. The prison has more 500 inmates kept in 12 cells, common known as “cello”. Interestingly, most of the inmates are youth aged between 18- 38 years. Hereinafter are some of the key issues that LEAT met with in prison;

a.     Alleged False imprisonment/Fabricated cases

The majority of the inmates are remandees charged of armed robbery and murder. LEAT had oral consultations with several inmates. LEAT noted that crimes every one charged of/with are un-bailable. The cases for most inmates are stuck or pending in courts as investigations are incomplete or going on, so they remain held in remand prison. Some of them have been held for up to three years.

The inmates, who consulted LEAT, had their cries thrown to police and DPP.  They told LEAT that most of the cases and crimes they are charged of, are either fictitious or/and police imposed on them. Actually, they claim most of them never committed such crimes. Some of them are rearrested soon after their release by the court and charged of other crimes using the same facts. One of the accused told LEAT that he has been in prison since 2008 and last year was charged of murder. The person he is alleged to have killed died in 2010 due to unknown reasons.

b.     Corruption allegations

The inmates informed LEAT that corruption is rampant in Tarime. The chief perpetrators mentioned and implicated in this illegal act and misconducts are police force and DPP office.

The inmates claimed that those who are able to offer bribes to police, and sometimes to DPP, their case files are either closed by lack of evidence or nolle prosequi. They claimed that for police or DPP to do so, between 1 -0.5 million Tanzanian shillings is required. 

c.      Young persons mistreatment

LEAT met two young persons, who are inmates in Tarime remand prison. Both of them are charged of murder. They are kept in cells with adults. The issue in contest lies on the legality of putting together young persons and the adults in the same cells. To LEAT’s view, this situation is not only illegal but also violates our culture and norms that our communities in Tanzania embrace. It should be born in mind that the remandees and prisoners in Tarime have both long and short calls on open spaces. Toilets and bathrooms are not enough and very dirty, so remandees help themselves on open spaces. 

d.     Inhuman treatment of the remandees

All remandees are ordered to take off/strip, in public, all clothes when back from the courts or when entering Tarime prison for the first time. They are checked/inspected while naked if they have anything hidden at their secret parts (most cases in anus). LEAT lawyer and 7 others were among of the inmates who experienced this serious violation of human rights. LEAT was told that this was an ordinary exercise in Tarime remand prison. To our view, no inhuman treatment can be compared with this. The right to privacy and human dignity is highly degraded.

WHAT SHOULD BE DONE

A.    To the Government of Tanzania;

LEAT proposes the following curative measures to address this intolerable human rights crisis:

1.        A special independent Commission should be formed and commissioned to probe on Nyamongo atrocity, the death toll since Barrick Gold Mine started its operations and the general human rights crisis since special police zone was put in place;

2.      The Commission for Human Rights and Good Governance should step in and address Tarime remand Prison concerns and deterioration of human rights conditions in Tarime;

3.       Those who were involved in Nyamongo killings, gunning of innocent people and human rights crisis in Tarime district should be held liable and take their responsibility;

4.      The government and police force officials including DC, RCO and RPC should step down as they are directly and indirectly involved and or implicated in this atrocity;

5.      The government should compensate the victims of the Nyamongo atrocity, human rights crisis; and

6.      The long lasting solutions for Nyamongo citizenry disorder and unrest between residents and Barrick Gold mine should be negotiated immediately.

7.      The chief justice is advised see the possibility of fast tracking clogged and possibly fabricated cases in Tarime to avoid justice to be delayed.

B.    To Non-Governmental Organizations;

1.        They should permanently station legal aid centre with competent advocates in Tarime to offer leg aid and court representations to Tarime residents irrespective of the nature of crimes they are suspected and charged with;

2.      Constant legal aid mobile clinics should be provided to Tarime district suburbs especially villages that are hosting Barrick Mines and mineral resource rich; and

3.       Continued awareness raising on natural resources and human rights should be enhanced to Tarime residents.

4.      Tarime impunities and tragedies should be given a special advocacy strategies