The United Republic of Tanzania – A Country in Transition

In order to understand Tanzania's relationship with the death penalty, you must first consider the environment in which it exists. Located on the eastern part of Africa along the coast of the Arabian Sea, Tanzania is steeped in ancient traditions. For decades, the area was occupied by invading forces, who exerted their influence in ways that showed little consideration for the preferences of the indigenous population. It finally won independence in December, 1961, and today it is comprised of more than 100 ethnic groups and languages.

Finally able to establish a national identity, the people of the new Republic created a document that reflected their hope for a new world, which would grant all citizens the right to freedom and security, as well as basic things like food, shelter, and education.  This was particularly important, as there are so many diverse groups in Tanzania, many of whom had suffered persecution for far too long. Article 14 of the Constitution of Tanzania guarantees the Right to Life, identifying it as fundamental to every human being. Without it, all other rights are just words with no meaning. But despite the emphasis on the right to life, the penal code of Tanzania includes the death penalty for capital crimes, based on portions of Article 13. Thus, proponents of capital punishment argue that it is constitutional, because any action carried out by due process of law is, by its very nature, constitutional.

Because any mistake made in assigning the death sentence can’t be atoned for, in Tanzania only the High Court can impose it, and the appeal is automatically filed with the Court of Appeal—the highest court in the land. Of course, there are many safeguards in place, designed to ensure the objective application of the sentence, but it is still a safe bet that mistakes have been made in the past and will be made in the future. Thus, abolitionists argue, the only way to eliminate the possibility of an unjust verdict is to eliminate the death penalty entirely.

While capital punishment is still on the books in Tanzania, a de facto moratorium has been in place since 1994. This came about during the death penalty case of Republic v Mbushuu, when Chief Justice James Mwalusanya asserted that the death penalty was a violation of the right to life, and therefore both unconstitutional and void. However, the moratorium is dependent on the whim of the president, who can permit an execution to take place at any time, but chooses not to. However, judges continue to impose the death sentence, leaving Tanzania caught in a no-man’s land in the capital punishment debate. Only by making a decision and supporting that judgment with action can the matter be resolved.

While some research has suggested that a majority of Tanzanians support the death penalty, a significant number of people have protested this inhumane punishment, maintaining that mistakes cannot be redressed because of the finality of the act. These activists took advantage of the current international climate, with respect to the death penalty, to file a petition, on October 10, 2008, with the High Court, seeking the abolition of the death penalty in favor of a more humane life sentence. Tanzania's current Minister for Constitutional and Legal Affairs, Celina Kombani, commented on the issue, saying that while Tanzania appreciates international efforts to abolish capital punishment, they are a democratic country and must involve citizens in the decision.

In an effort to move closer to the united and civilized country envisioned in the Constitution, Tanzania is beginning the process of evaluating the current system. Part of this effort will include the opportunity for citizens to make comments on everything that interests them, including the  death penalty. Tanzanians will, hopefully, take advantage of this venue to begin a meaningful dialogue responding to the international call for universal abolition of this uncivilized punishment that does not reflect well on the state of humankind.

Organizations like Amnesty International have worked to abolish the death penalty around the world. The United Nations General Assembly adopted a resolution in 2007 that encouraged an end to capital punishment, while the World Congress also contributes to this effort by gathering supporters all over the globe. Tanzania is only one of more than fifty countries that continues to impose this cruel and unusual punishment—a number that will hopefully sink to 49 soon.

Source: Brittany Lyons is a blogger for PhDs.org. She aspires to be a psychology professor, but decided to take some time off from grad school to help people learn to navigate the academic lifestyle. She currently lives in Spokane, Washington, where she spends her time reading science fiction and walking her dog. November 2011.