“In November 2017, the SCA reiterated its 2011 and 2016 concerns with respect to Article 130 (3) of the Constitution which relates to the ability of the President to direct CHRAGG in respect of any matter, if public interest so requires, and Article 130 (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 investigations.
The CHRAGG reports that these provisions have never been invoked. It also indicates that the process to amend the Constitution has been revitalized and if the proposed Constitutional amendment is enacted into law, it would substantially address the SCA concerns.
The SCA continues to emphasize its concerns that these provisions may impact on the perceived and actual 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 SCA recommends that the CHRAGG continues to advocate for the removal of Articles 130(3) & (4) of the Constitution as well as Section 16 of the CHRAGG Act.
The SCA refers to Paris Principles A.1, A.2, A.3 and B.2, and to its General Observations 2.6 on ‘Limitation of power of National Human Rights Institutions due to national security’ and 1.2 on ‘Human rights mandate’.”