Freedom of Expression and Democratic Process: : An Analysis of Laws and Policies Relating to the Right of Freedom of Expression in Zanzibar

Abstract

ABSTRACT This Thesis deals with the Freedom of Expression and Democratic Process: It Analyse the Laws and Policies Relating to Freedom of Expression in Zanzibar. The Objectives of this Thesis is to examine to what extent the right of Freedom of Expression is enjoyed in Zanzibar. Secondly is to show whether the Laws and Policies relating to the right of Freedom of Expression complies with International Standard. Zanzibar is a part of United Republic of Tanzania whereby in 1964 it was merged with Tanganyika to create the United Republic of Tanzania. The principal bases for this merger is the Articles of Union between two independent countries. In principle Zanzibar retain its autonomy over certain issues referred as Non Union Issues. Information matters are not within the list of Union Issues and therefore it is within the jurisdiction of Zanzibar authority. The Zanzibar Constitutional of 1984 guarantees the right of Freedom of Expression. However the wording of the Constitutional provision start up with a claw back clause ‘’without prejudice to the relevant law of the land’’ meaning that it is subjected to the relevant legislations which can impose restrictions and curtails the enjoyment of this freedom. Specific Laws and Policies has been adopted which contain a lot of trick provisions and uses the loop hole of the Constitution and restrict the enjoyment of the right of Freedom of Expression. During an electoral process despite the Electoral law being clear that all clear that all Political Parties should be given equal opportunities in the use of mass media available in Zanzibar (Radio, TV and local press) in political campaign. The mass media are in favor of ruling party and the law being ignored. On top of that, the steep conditions has been imposed under Election Act regarding the announcement of Election results by media even in constituencies wise without initially announced by the Zanzibar Electoral Commission.