[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 756 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. RES. 756
Urging the Government of Tanzania and all parties to respect human,
civil, and political rights and ensure free and fair elections in
October 2020, and recognizing the importance of multi-party democracy
in Tanzania.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23 (legislative day, October 19), 2020
Mr. Menendez submitted the following resolution; which was referred to
the Committee on Foreign Relations
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RESOLUTION
Urging the Government of Tanzania and all parties to respect human,
civil, and political 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 people of
Tanzania through efforts to advance good governance, economic growth,
and improved access to health and education;
Whereas respect for human, civil, and political rights and deepening multi-party
democracy are essential to Tanzania's long-term economic prosperity and
continued political stability;
Whereas the conduct of elections will have a significant impact on the
trajectory of democratic growth in Tanzania, as well as its relationship
with the United States;
Whereas Tanzania has held successive multi-party elections since 1995, with the
elections in 2015 being the most competitive to date, despite
substantial state interference in political organizing by the
opposition, 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
media freedoms, and freedoms of expression, assembly, and association,
such as the Cybercrimes Act of 2015, the Media Services Act of 2016, the
Electronic and Postal Communications (Online Content) Regulations Act of
2020, 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 promulgated onerous regulations that
actively undermine the independent collection, dissemination, and
publication of statistics without government approval, and suspended or
halted activities by multiple newspapers and digital and broadcast media
outlets in retaliation for publishing content deemed critical of the
state or officials;
Whereas state actors have threatened, arbitrarily arrested, and attacked
journalists with impunity, and some journalists have disappeared;
Whereas in mid-2016, the Magufuli Administration placed a ban on political party
rallies until the 2020 elections;
Whereas political freedoms were further eroded following the amendment of the
Political Parties Act in January 2019, which granted Tanzanian
authorities sweeping powers to regulate the operations of opposition
parties, and private opposition political party meetings have been
broken up by police;
Whereas freedom of association has been limited through mandatory registration
and reporting processes for nongovernmental organizations that are
arbitrary in nature;
Whereas, in September 2019, the Government of Tanzania amended both the
Companies Act and Nongovernmental Organization Act, which has severely
restricted the ability of civil society organizations, particularly
those focused on democracy and human rights, to receive foreign funds;
Whereas opposition leaders have been threatened, intimidated, and physically
attacked, and the Magafuli Administration has failed to hold
perpetrators accountable;
Whereas President Magufuli's failure to hold Tanzanian government actors
accountable for arbitrary arrests, paired with actions to limit
democratic space for civil society, opposition parties, and citizens of
Tanzania, has undermined the Tanzanian Constitution and the rule of law;
Whereas the Government of Tanzania has rapidly escalated its campaign of
repression against the opposition in the lead-up to the October 2020
elections, through arbitrary and partisan legal action against
opposition candidates and their parties, which undermines democratic
principles of fair play and potentially calls into question the
credibility of the country's October polls;
Whereas some 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 claim that the Novel Coronavirus (COVID-19)
has been eliminated in the country, and its suppression of information
related to the pandemic have not only placed citizens' health at risk,
but have also violated citizens' freedom of speech and right of access
to information: Now, therefore, be it
Resolved, That the Senate--
(1) urges the Government of Tanzania to ensure that the
October 2020 elections are conducted in a free, fair, credible,
transparent, and peaceful manner that enables citizens of
Tanzania 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,
particularly the rights 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 robust,
market-led business environment conducive to continued United
States trade and investment in Tanzania, including respect for
the legal and contractual 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 and 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, including with respect to receiving
funding or cooperating with foreign organizations;
(E) to safeguard press freedom, in accordance with
the Tanzanian Constitution and the Universal
Declaration of Human Rights;
(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;
(G) to end the escalating campaign of arbitrary and
partisan legal action against opposition candidates and
their parties in the lead-up to the October 2020
elections; and
(H) to guarantee the ability of domestic and
international election observers to monitor the October
2020 polls without hindrance; and
(5) calls on the United States Government to continue to
speak out against 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, including by--
(A) considering the imposition of targeted
sanctions and visa restrictions on actors involved in
perpetrating or abetting human rights abuses;
(B) leading international partners and
institutions, including those in Africa, in developing
and implementing strategies and actions to promote and
defend human, civil, and political rights and multi-
party democracy in Tanzania;
(C) immediately conducting a review of United
States Government assistance and cooperation with the
Government of Tanzania for the purposes of
reprioritizing such assistance should neutral observers
determine that the October 2020 polls do not meet
internationally accepted standards for credible
elections; and
(D) demanding the Government of Tanzania conduct
full and public investigations that ensure judicial
accountability for acts of violence perpetrated against
political opposition, journalists, and members of civil
society.
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