“In November 2016, the SCA re-iterated its 2011 concerns with respect to articles 130 (3) and (4) of the Constitution and section 16 of the Act, which relate to the ability of the President of Tanzania to direct the CHRAGG to conduct or to not conduct certain inquiries or undertake certain actions. 

The SCA notes that the CHRAGG reports that these provisions have never been invoked. Nevertheless, the SCA continues to be concerned that these provisions may impact on the perceived independence of the CHRAGG. 

The SCA is of the view that an NHRI’s mandate should authorize the full investigation of all alleged human rights violations, including those involving the military, police and security officers. While limitations on the mandate of an NHRI relating to national security are not inherently contrary to the Paris Principles, it should not be unreasonably or arbitrarily applied and should only be exercised under due process. 

The CHRAGG indicates that it has advocated for the removal of article 130(4) of the Constitution and sections 16(3) and (4) of the Act in order to remove the power of the President to order the CHRAGG to conduct or not to conduct an inquiry. It has additionally advocated for a provision guaranteeing the independence of the CHRAGG in article 241(1) of the Constitution. These amendments, if passed, would substantially address the SCA’s concerns regarding the CHRAGG’s independence. The SCA encourages the CHRAGG to continue to advocate for passage of these amendments. 

It further encourages the CHRAGG to advocate for the removal of article 130(3) of the Constitution, which provides for the power of the President to issue directives to the CHRAGG on issues of national interest.