Place of Incidence: Malehe Landing Site, on-shore Lake Victoria, Kyamalange Village, Rubafu Ward, Bugabo Tarafa, Bukoba Rural District, Kagera Region, Northwestern Tanzania.

Date and Time of Incidence: June 3 2000 around 11.00 hours.

Act of Human Right Violation: Drowning of the young man known by the name of Augustine Gasper (22) victimized due to the failure to pay the “poll tax” amounting to Tshs.5000.00 (about US$ 6).

Reported by: Concern for Development Initiatives in Africa-Kagera Zonal Office (ForDIA- Kagera)

BACKGROUND
Tanzania is one of the 33 African Least Developed countries located in the South of Sahara. She occupies the hinterland of the Eastern Coast of Africa and including the islands of Zanzibar and Pemba in the Indian Ocean [World Development Report 1990:178]. It is the landmass surrounded by countries of (anti clockwise from North) Kenya, Uganda, Rwanda, Burundi, D R Congo, Zambia, Malawi and Mozambique. Tanzania has the geographical coverage area of 942800km2, with estimated population of about 31.5 million people. It is a poor country, with GNP per capita of US$ 210. Tanzania is predominantly a peasantry agriculture economy whose percentage share in GDP is 47.4%. Tanzanians have the life expectance of 49 years (men) and 52 years (women). The infant mortality rate in Tanzania is 92 per 1000 live births.

Like many other former nation-states, Tanzania succumbed to the early nineties winds of change, hence pursuing the plural and competitive sociopolitical/economic policy since the last eight years (1992 - 2000) ago. It had been the socialist state defacto since 1967, six years after independence when it was declared the nation-state pursuing socialist policy. In the year 1992 Tanzania was swept to bounce back into the plural and competitive society system.

However, the strategy of change that Tanzania adopted towards plural and competitive society cannot be characterized as either smooth or violent. Only cosmetic changes were effected to enable mere introduction of “many political parties”.

During the process of structural rearrangement and chance towards adopting plural and competitive social policy, the major economic and political commanding heights and realms were given mere lipstick service. The tax system and structure, which had earlier been designed purposely to siphon tangible incomes from the people thereby rendering the general public economically disempowered while strengthening the economic and political mighty of the state, remained intact. Workers have ever-since remained weak, disorganized and therefore poorly paid. Peasants have remained dependant upon the state’s designed sole crop marketing systems and structures, which have prerogative legal powers to market the crops on behalf of the peasants and farmers. The private entrepreneurial sector has remained weak growing at the snail’s rate. In fact all the potentially productive capacities of the peasants, farmers, workers and the private business sector, including the civil society have remained marginalized with bargaining disadvantage

During the process of shift from the closed to the open social arrangements the National Constitution could not be reviewed and discussed by citizens, thus giving all the people the opportunity to decide on a new and future national charter. The state monopolized the process and became the sole origins of the cosmology of contents of the major shift from nation-state to the open and competitive society.

In the course of the shift, poll tax -sweetly baptized as development levy, was reintroduced, but earlier since 1984, together with reintroduction of “local government” in Tanzania (Local governments were officially banned in 1971, ten years after independence). Although it is not the sole source, “poll tax” finances the local government upon which people have been being told to believe it would make and bring development to them. People’s willingness to pay the “poll tax” notwithstanding, many of them are unable to pay it. They are poorly paid! They are those whose crops can be marketed only if the process goes through the state marketing machinery! They are those heavily taxed to remain with mere slim marginal profits! They are those subsequently subjected to state bureaucracy and corruption! Sagaciously, therefore, there is rampant but sophisticated violation of human rights, notably economic human rights in Tanzania. The narration below provides and thus opening bare the referred to human rights violation in Tanzania.

THE INCIDENCE
On the day and at the place mentioned above, the Kishanje/Rubafu Ward Executive Officer (known by the name of Mr. Katembo) and the Kyamalange Village Executive Officer (known by the name of Mr. Prudence Mutagelekwa) respectively hereinafter referred to as WEO and VEO, together ordered and were accompanied by three local militiamen on duty mission to extract, garner and collect by force, the “poll tax” from dwellers-regular and irregular residents of Malehe Landing Site cum fish market place. The militiamen’s names are Mr. Dawson William, Mr. Edwin Joel and Mr. Jidi. The WEOs and VEOs are amongst the most underpaid and irregularly paid civil servants in Tanzania. The militiamen are not in any of the official pay roll except that they provide direct labour paid by those temporarily engaging them to execute a particular casual operation.

Upon arriving at Malehe Landing Site, the fateful fish market place, the WEO, VEO and militiamen forcefully accompanied by those whom they had “swept and arrested” on their way to the “operation place”, accusing them of evading to pay the “poll tax”, the population at Malehe, most of them poor, uneducated, undereducated and disempowered youths (victims) who are unable to pay the “poll tax” in time before the deadline, were found randomly undertaking the regular fishing-related activities. They were scared and therefore tried to escape or disappear from the sight of the coercive “poll tax” collectors by running away. They were escaping the intolerable physical and mental torture and social embarrassment that would befall on them.

However, because of the fact that the place is an enclave narrow bay, the victims realized were already rounded up by the militiamen and many of them were thus forced to “dive” into high waters offshore the Lake. Those able to swim did it and they well managed to escape. But amongst the victims was one irregular dweller of the place who had gone to the place only four days before to start the petty fishing undertaking. The poor unprepared young man who at the time was in thick clothing had never used to swimming and therefore drowned instantly!

EVENTS AFTER DROWNING OF THE VICTIM

Two of the militiamen conceived as direct responsible for the death of the innocent young man escaped from their regular village of residence to the distant but known neighbourhood village. The third militiaman remained in the village of his normal residence but undercover, at least for some time, conspicuously to see what would be the aftermath of the event and thus try to influence the village leadership and legal system to favour the perpetrators.

WEO and VEO were forced to remain behind at Malehe Landing Site by the grieved fishing community. The community took trouble to go to the nearby Iluhya Police Station (approximately 15km away from the scene) –the sole police station in Bugabo Tarafa, to report the incidence. Further, the community forced WEO and VEO to pay Tshs.25, 000.00 (US$ 30) to divers, who upon being paid dived and evacuated the body of the victim from water. WEO and VEO made the payments out of personal money, conspicuously using the dirty money they had grabbed from the powerless taxpayers in the pretence of local government authority. Until the police arrived at the incident the deceased’s body had already been evacuated from the water.

Three policemen (PC Kuboja Chikongo, PC James and Cpl Hamis) arrived at the scene accompanied by Kishanje Ward Rural Medical Assistant (RMA). Latter, the father of the victim Mr. Gasper Kamugisha also arrived. Upon arrival, however, the policemen did not do much other than conceding the postmortem carried out by RMA, which confirmed the victim, had died of drowning in water. Astonishingly, however, the same policemen pressurized the father of the victim to consent the RMA postmortem report and take the body of the deceased back home for burial. The victim’s father objected and forced the body of the deceased to be taken to the Bukoba Government Hospital (Regional hospital) for postmortem conducted by the qualified medical personnel as required by law. His plea was accepted. Nevertheless, only that two days latter the bewailing father was forced to pay the cost of transporting the dead body in the hired vehicle from the hospital back to his home village (Buzi village in Kaagya ward) about 27km North of Bukoba town. The deceased’s father shouldered all the cost out of his personal money.

No perpetrator was brought before the law! WEO and VEO were remanded for one day and thereafter were released on bail. The case was not brought to court. No follow-up concerning the case was carried out. No further legal action was taken!

Both WEO and VEO have since remained employed except that only the VEO was transferred from Rubafu to Bujugo Village in the Tarafa of Katerero, also in Bukoba rural district. The militiamen have ever-since returned back to their normal village of residence Kyamalange. They are emanating with normal life as usual.

CONCLUSION AND THE POSITION OF ForDIA
This incidence of violation of human rights (the right to live) for which ForDIA decided to make follow-up and report about is one of the many others taking place daily in many parts of Tanzania. The government is advised to take corrective measures in regard of defence, safeguard and promotion of human rights of all peoples in Tanzania. This will improve the Tanzania’s human right record/status before the civilized global society.

If the government in Tanzania is sincere to work for sustained peace, stability and development in the country the perpetrators should be brought before the law. Justice should be seen as being done. This is necessary. Activities of the notorious WEOs, VEOs and militiamen especially in rural areas should be closely monitored so as to reduce the rampant violation of human and people’s rights in rural areas.

God Bless Tanzania. God Bless Africa.