Update to TZA36428 of 23 February 2001on the situation of the Civic United Front (CUF) members since the October 2001 peace agreement [TZA38266.E]

According to Country Reports 2000, in the time period preceeding the 29 October 2000 elections, "in Zanzibar and Dar es Salaam, CUF rallies were more restricted than those of other political parties. CUF rallies were banned at least once in Dar es Salaam and several times in Zanzibar" (2001., 597).

However, in the 29 October 2000 second multiparty national elections for president and parliament, the CUF won 16 seats in five administrative regions of Zanzibar (ibid., 588), but the CUF continued to refuse to recognize the election results in Zanzibar and to demand new elections, and the elected CUF representatives continued to boycot union and Zanzibar parliaments (ibid., 601), and were subsequently expelled (The East African (22 Oct. 2001). Nonetheless, in the aftermath of the election, Country Reports states that at least 150 CUF members were arrested. However, "after the new Zanzibar President, Amani Karume took office in October, he pardoned and released all detainees arrested in connection with the elections" (ibid., 593).

On 10 October 2001 the ruling Chama cha Mapinduzi (CCM) and the CUF signed a peace agreement at Zanzibar State House-with the objective of ending political differences between the two parties (ARB Oct.2001, 14592; The East African 22 Oct. 2001).

The agreement provided for the incorporation of other political parties in the Zanzibari government; the appointment of members such parties to parliament and the House of Representatives, to parastatals and to the institutions owned by the Union and Isles governments; the immediate release of political detainees arrested following the 26 and 27 January 2001 unrest on the Isles; the dropping of "all charges against them" (ARB Oct. 2001, 14592), and a number of human rights initiatives (IRIN 22 Nov. 2001). IRIN also reported that "109 criminal cased related to January [2001's] unrest were dropped by the state, including murder charges against CUF Deputy Secretary-General Juma Duni Haji and the party's security director, Machano Khamis, who had been detained for months before the violence (IRIN 22 Nov. 2001; the East African 22 Oct. 2001). Additionally, the agreement called for assistance to Tanzanian refugees living in the Dadaab camp in Kenya-following the unrest in Zanzibar of 2001-to return home; the retraining of the army and the policy on multiparty politics and their role in it; and the restructuring of the judiciary (ARB Oct. 2001, 14592). Furthermore, "a tripartite committee was created by the governments of the Tanzania Union and Zanzibar and CUF to travel to Dadaab refugee camp in Kenya to persuade Zanzibaris who fled the Isles during the January clashes to return home" (The East African 22 Oct. 2001).

The government reportedly released two CUF leaders held for the alleged murder of a policeman in Pemba in January 2001 during the anti-government riots, and withdrew charges against "all CUF members" (ibid.). As well, "the Zanzibar House of Representatives held its first parliamentary session in Pemba after many years of avoiding the venue because Pemba Island is considered a CUF stronghold" (ibid.).

In November 2001, 18 CUF activists released in 2000 after "facing treason charges for three years," reportedly filed a suit for damages against "unlawful detention" before the Zanzibar High Court (IRIN 22 Nov. 2001; TOMRIC 20 Nov. 2001); and also for "disgrace, humiliation, loss of reputation, physical discomfort, and mental suffering" (TOMRIC Nov. 2001).

Relations between the CUF and the CCM reportedly deteriorated again in November 2001 when "the House of Representatives' constitutional, justice and good governance committee, amended the bill on the establishment of a joint implementation committee of the agreement" (The Guardian 29 Nov. 2001), without consulting the CUF (IRIN 8 Jan. 2002; TOMRIC 12 Dec. 2001; Xinhua 4 Jan. 2002; PANA 2 Jan. 2002).

On 3 January 2002, in Dar-es-Salaam, the secretary-generals of the CCM and the CUF reportedly signed a "reconciliation agreement" on "the implementation of the October 2001 reconciliation accord," (IRIN 8 Jan. 2002; Xinhua 4 Jan. 2002). Quoting "news organizations" based in Tanzania, IRIN states that after the 3 January 2002 reconciliation agreement, the CCM and the CUF issued a joint statement saying that they had adopted a position

based on the principle that if something has been agreed upon by the two parties, it is not correct to change it without prior consultation and agreement with the two parties...that the argument which ensued between the two parties over the [October] accord has now come to an end [and] implementation should continue (8 Jan. 2001).

Xinhua adds that

the two parties agreed also that issues which cannot be dealt with through executive orders of the presidents, like amending newly passed law [sic] to establish the Presidential Implementation Monitoring Commission, should be brought before April 2002 session of the House of Representatives (4 Jan. 2002).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Africa Research Bulletin (ARB): Political, Social and Cultural Issues [Oxford]. October 2001. "Tanzania: Terms of Agreement."

Country Reports on Human Rights Practices for 2000. 2001. United States Department of State. Washington, DC: United States Government Printing Office.

The East African. 22 October 2001. James Mwakisyala. "Peace Accord: EU to Resume Aid to Zanzibar." http://www.nationaudio.com/News/EastAfrican/29102001/Regional/Regional18.html [Accessed: 9 Nov.2001]

The Guardian. 29 November 2001. "Tanzania: House Committee Amends CCM-CUF Accord Bill." (NEXIS)

Integrated Regional Information Networks (IRIN). 8 January 2002. "New Opportunity for Zanzibar Reconciliation" //Yearender//" http://allafrica.com/stories/printable/200201080144.html [Accessed: 9 Jan. 2002]

_____. 22 November 2001. "Tanzania: Zanzibar Violence Demands Prompt Inquiry - Amnesty." (Africa News/NEXIS)

Panafrican Agency (PANA). 2 January 2002. "Tanzanians Await Fate of Zanzibar Political Accord." (NEXIS)

TOMRIC. 12 December 2001. Joachim Mwalongo. "CCM Meets to Rescue Zanzibar Peace Accord." http://allafrica.com/stories/printable/2001121120294.html [Accessed: 9 Jan. 2002]

____. 20 November 2001. "Tanzania: Freed Suspects Seek Damages." (NEXIS)

Xinhua. 4 January 2002. "Tanzanian Parties Agree to Iron Out Differences Over Reconciliation Accord." (NEXIS)