DAR ES SALAAM, Apr 23 (THE AFRICAN PORTAL) – A presidential probe into post-election incidents has concluded that the unrest witnessed during and after the October 25 General Election did not qualify as peaceful protests, but constituted organised violence.
Presenting the commission’s findings to President Samia Suluhu Hassan at the State House in Dar es Salaam today, April 23, 2026, the Chairperson Mohammed Chande said the inquiry first examined whether the events in question met the legal threshold of peaceful demonstrations protected under international, regional and national laws.
He said the issue was critical, particularly as some stakeholders, including human rights defenders, had argued that those involved were exercising their constitutional right to protest.
Mr Chance stated that the commission therefore conducted an extensive review of legal frameworks governing the right to peaceful gatherings, including international conventions, regional agreements and Tanzanian laws.
Prof Chande noted that while the right to peaceful assembly is recognised globally including under Article 21 of the International Covenant on Civil and Political Rights such rights are subject to limitations related to national security, public safety, public health, morality and the protection of others’ rights, including the right to life.
At the regional level, he said, the African Charter on Human and Peoples’ Rights and the East African Community Treaty both guarantee the right to peaceful assembly, while allowing lawful restrictions under specific conditions.
He added that guidelines issued by the African Commission on Human and Peoples’ Rights require governments to permit peaceful demonstrations and ensure police protection for participants, while prohibiting excessive use of force.
On the domestic front, Prof Chande cited the Constitution of Tanzania 1977, which guarantees freedoms including expression, association and peaceful assembly, alongside laws governing police conduct and public demonstrations.
However, after analysing evidence and testimonies, the commission concluded that the incidents surrounding the election did not meet these legal standards.
“The events of October 25 were not peaceful demonstrations but violent acts accompanied by breaches of public order,” he said.
He outlined four key reasons behind the conclusion. First, the gatherings failed to comply with constitutional and legal requirements, including provisions on peaceful conduct and prior notification to police.
Second, he said, the violence occurred on a constitutionally protected election day, undermining citizens’ right to vote or contest.
Third, participants were found to have carried weapons such as stones, metal rods and spears actions inconsistent with lawful peaceful protests.
Fourth, the acts resulted in widespread fear, destruction of property and threats to public safety, all of which fall outside protections afforded to peaceful assembly under the law.
The commission further revealed that it had obtained credible evidence showing that violent incidents reported on October 29 were planned, coordinated and financed, involving individuals who had received training.
According to Prof. Chande, organisers employed various tactics, including mobilising uninformed individuals and frustrated youth, while ensuring that violent acts occurred simultaneously in different locations.
Credit: DailyNews
