Amsterdam & Partners Files Historic Commonwealth Complaint Against Tanzania’s Hassan Government

Amsterdam & Partners Files Historic Commonwealth Complaint Against Tanzania’s Hassan Government

On October 24, 2024, Amsterdam & Partners LLP — acting on behalf of CHADEMA, Tanzania’s principal opposition party — officially filed a comprehensive submission to the Secretary-General of the Commonwealth Secretariat, calling for referral to the Commonwealth Ministerial Action Group (CMAG) and urgent intervention to protect democratic governance in Tanzania.

The 15-page complaint documents a systematic pattern of human rights violations, electoral fraud, and anti-democratic conduct by the government of President Samia Suluhu Hassan — violations that the submission argues constitute serious and persistent breaches of the Harare Commonwealth Declaration, the Commonwealth Charter, and Tanzania’s own constitution.

The Legal Framework

Tanzania joined the Commonwealth in 1961, acceding to the 1971 Declaration of Commonwealth Principles and the 1991 Harare Commonwealth Declaration — documents that commit all member states to democracy, the rule of law, the independence of the judiciary, and the protection of fundamental human rights.

The complaint argues that President Hassan’s government has violated Articles I, II, IV, V, VI, VII, and VIII of the Commonwealth Charter, covering democratic participation, human rights, freedom of expression, separation of powers, rule of law, and good governance respectively.

The Evidence: A Chronicle of Repression

The submission documents in exhaustive detail the actions of the Hassan government since 2021, including:

The mass arrests of August 2024: On August 11, 2024, Tanzanian police arrested over 100 CHADEMA members — including Vice Chairman Tundu Lissu, Secretary General John Mnyika, and five journalists — for attending a meeting in Myeba, Southwest Tanzania. The arrests were condemned by Amnesty International as “a blatant assault on Tanzanian democracy.” The Tanganyika Law Society reported that police also arrested 107 additional CHADEMA party members in the Iringa region the same day. Human Rights Watch estimated a total of 375 CHADEMA members arrested in that single week.

Forced disappearances and extrajudicial killings: Since May 2024, at least four CHADEMA members have been abducted and forcibly disappeared, including Dioniz Kipanya, Deusdedith Soka, Jacob Godwin Mlay, and Frank Mbise. The beaten and acid-burned body of party official Ali Mohamed Kibao was found in September 2024.

The September 2024 protest crackdown: Despite complying with statutory notice requirements, CHADEMA’s September 23 protest was denied permission without explanation. Armed police deployed water cannon vehicles in Dar es Salaam two days in advance. On the day of the protest, at least 14 people were arrested, including party Chairman Freeman Mbowe, his daughter Nicole, and Godbless Lema, the party’s Northern Zone leader. Vice Chairman Lissu and Mbowe’s wife, Dr. Lilian Mtei, were also arrested in separate raids the same day.

The Calls to Action

The submission makes seven specific requests of the Commonwealth Secretary-General, ranging from an immediate public expression of concern to provisional suspension of Tanzania from the Councils of the Commonwealth pending a CMAG fact-finding mission.

“The Commonwealth holds special status in Sub-Saharan Africa,” the submission states. “Through the Commonwealth, the international community can take a firm stand in defence of human rights, democracy, and the rule of law in Tanzania.” The document notes the precedent of Zimbabwe’s suspension in March 2002 as evidence that the CMAG has both the authority and the precedent to act.

Robert Amsterdam, who leads the legal effort, stated: “We are appealing on an urgent basis. President Hassan and the CCM party continue to act with clear impunity. The Commonwealth must fulfil its mandate and intervene before the 2025 elections render the situation irreversible.”

The full text of the submission is available on the Legal Documents page of this website.