Let us be cautious when declaring a state of emergency

Adeladius Makwega – Mbagala

According to the Constitution of the United Republic of Tanzania of 1977 (as amended), Article 32 grants the President the authority to declare a state of emergency in the whole country or in any part of it if there is war, a threat of invasion, or a breakdown of peace and security. This declaration must be submitted to Parliament within 14 days, and it may suspend certain fundamental rights.

Key Points About a State of Emergency:

“Article 32 explains that the President may declare a state of emergency if there is a threat of war, invasion, or disruption of public peace and security. Meanwhile, Article 31 allows for the limitation of certain rights and freedoms during such a period, except for the right to life.

The President must submit the declaration to the Speaker of Parliament, who must convene a session within 14 days to discuss it. Parliament may extend the state of emergency in periods of six months. (I repeat: Parliament may extend the state of emergency in six-month intervals.)

This measure is intended to ensure national security and to protect lives and property during major disasters or threats to the United Republic of Tanzania.”

The Main Question:What are these fundamental human rights?

Fundamental human rights in Tanzania are outlined in Chapter One, Part Three of the Constitution (Articles 12 to 29). These include:

“The right to life, Equality before the law, Human dignity , Privacy, Freedom of expression , Freedom of movement , and The right to own property.”

Core Fundamental Rights According to the Constitution:

“Right to Life (Article 14): Every person has the right to live and to be protected by society. Equality Before the Law (Article 13): All people are equal before the law and entitled to equal protection without discrimination. Right to Human Dignity (Article 12): All human beings are born free and equal, and their dignity must be respected. Right to Personal Freedom (Article 16): Includes privacy of one’s life, family, home, and communications. Freedom of Expression (Article 18): The right to express opinions and to seek, receive, and share information. Freedom of Religion (Article 19): The right to believe, worship, and spread one’s religion. Right to Own Property (Article 24): The right to legally own property and receive compensation if it is taken by the government. Right to Work (Article 22): Every citizen has the right to work and receive fair pay. Freedom of Association (Article 20): The right to associate with others, including forming or joining political parties.”

These rights cannot simply be taken away arbitrarily. The President must inform the Speaker, Parliament must be convened, and a lawful session must debate and approve the declaration before a state of emergency is implemented.

A key issue arises: what happens if an emergency occurs suddenly? The argument is that Tanzania has national intelligence and security systems capable of detecting threats early, allowing proper procedures to be followed before declaring a state of emergency.

Important Considerations:

“A state of emergency cannot be declared without informing Parliament and allowing it to debate the matter. Once declared, several rights may be restricted—for example, political meetings, public gatherings, and political campaigns may be prohibited.

Personal freedoms such as privacy may also be affected, as security forces may take necessary actions to restore order.

During such times, soldiers and police are placed on high alert, often remaining in camps awaiting orders. Their personal lives are put on hold due to national duty.

The Challenge:

“If the legal procedure for declaring a state of emergency is violated, security organs acting under such an unlawful declaration may be held accountable. Not only them, but also anyone who initiated the unconstitutional action.”

The Constitution requires:

“The President to submit the proposal to Parliament, The Speaker to convene Parliament, Parliament to debate and then inform the public. Clear guidance on implementation and possible extensions.”

Many Tanzanians may not realize that even the President can be held accountable for violating the Constitution—for example, by declaring a state of emergency without following proper procedures, especially if such actions result in loss of life, property damage, or injuries.