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Home News Legal Experts Call for Legislation to Combat Enforced Disappearances

Legal Experts Call for Legislation to Combat Enforced Disappearances

by Celia

Legal and human rights advocates are urging the Tanzanian government to implement legislation designed to protect individuals from enforced disappearances and ensure justice for victims. This call to action was made during a recent symposium hosted by the Tanganyika Law Society (TLS), which brought together police officials, private legal practitioners, and prosecutors to address this critical issue.

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High Court advocate Dr. Rugemeleeza Nshala highlighted the urgent need for specific laws to tackle enforced disappearance, pointing out that the country currently lacks such legislation. “It’s time for action,” he asserted, emphasizing the necessity for the government to ratify and domesticate the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). Dr. Nshala noted that 18 African nations have already ratified the convention, underscoring the symposium’s purpose of collecting expert opinions on the alarming increase in enforced disappearances.

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According to Dr. Nshala, reports of such incidents are becoming almost daily occurrences. He argued that establishing clear legislation would deter potential perpetrators, help prevent deaths, alleviate public fear, and end the ongoing suffering faced by families. He also mentioned the lack of an official tracking mechanism or available data to quantify the extent of enforced disappearances in the country. “After collecting views, TLS will prepare a draft legislation and recommendations to make it law,” he proposed.

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Judge (r) Robert Makaramba described enforced disappearance as a “crime that leaves no trace,” allowing offenders to act without fear of accountability. He asserted the necessity of specific legislation to ensure that perpetrators are brought to justice.

Advocate Jebra Kambole distinguished between missing persons and enforced disappearances, referencing a report from the Legal and Human Rights Centre (LHRC) that recorded 12 cases of disappearance, while TLS documented 83 cases between 2016 and 2024. He underscored the severe psychological impact on victims, including nightmares of torture and pervasive fears for their safety. Advocate Boniface Mwabukusi, president of TLS, echoed the need for legal reform, emphasizing that the right to life must be protected.

Mwabukusi insisted that the government must take decisive actions to safeguard lives, which includes enacting appropriate laws and taking swift action when lives are endangered.

In a statement to the audience, SACP Jumanne Muliro, the city’s special police zone commander, reassured attendees that investigations into some disappearance cases are ongoing. He urged the public not to interfere with police work, as such interference could jeopardize investigations.

The ICPPED is an essential human rights instrument developed by the United Nations to legally prevent enforced disappearances. As of August 2024, 98 states have signed the convention, with 76 having ratified or acceded to it.

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