ARTICLE 10 and 11: ASSOCIATION AND ASSEMBLY
Article 20 of the Constitution of the United Republic of Tanzania is in conformity with
Article 10 and 11 of the African Charter which explicitly provides that every person is
entitled to freedom of association and peaceful assembly and more specifically to join an
Association or organisation formed for the purpose of preserving his beliefs or interests.
However, the. freedom is not absolute,
country.
as
it must be in conformity with the laws of the
Since the initial report there have been some major political changes in the
country, which in turn have led to some amendments to the Constitution of the country
regarding these rights. Article 3 of the Constitution was amended in 1992 in order to
reintroduce a multiparty system. The major political changes culminated into the holding
of multiparty elections in October 1995. Ever since, multiparty elections have been held
once in every five years.
The right of an individual to enjoy his or her freedom to associate with others is also
portrayed in legislation for instance the Societies Act, CAP. 337 of R.E 2002, Non Governmental Organisation Act, of 2002, Trustees Incorporation Act, CAP. 318,
Companies Act, CAP. 212 ofR.E. of 2002 the Political Parties Act, .No .5 of 1992. These
developments have widened the right to freedom of Association and Peaceful Assembly.
However, essential limitations have been pro\'ided to ensure that political activities
d~
not cause problems in specified-areas. Section 12 (1) of the Political Parties Act, for
instance, provides that, no political party is permitted to establish or form any branch,
unit, youth or women's organisation or other organisation or other organ of any political
party in any place of work, school or other place of learning. This is intended to ensure
that these institutions are free from party politics which could at times be regressive and
affect smooth development and productivity of such institutions.
In order to cement nationhood the Constitution of United Republic of Tanzania has
restrictions on the formation of political parties. Article 20 (2) (a- e) stipulate that:
"Notwithstanding the provisions of sub article (I) it shall not be lawful for any political
entity to be registered which according to its constitution or policy (a) aims at promoting or furthering the interests of
(i )
any religious faith or group
(ii)
any tribal group, place of origin, race or gender;
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