PLEASE DOWNLOAD THE RECOMMENDATIONS (SWAHILI LANGUAGE) BELOW:-
TARO got a precious opportunity to scrutinize and offer expert opinions on the Draft regulations of the National Arts Council in Tanzania. We have processed our opinions and addressed the need for rectification of the draft. We issued recommendations based on the Constitution of the United Republic of Tanzania (1977) as amended from time to time, international treaties on human rights protection, and practical experience of the organization upon physical engagement on the sectorial activities at the local, national, and international levels. The recommendations are part of the SANAA RIGHTS Program which is funded by the Norwegian Embassy in Dar es Salaam. The program is coordinated with TARO under a partnership with Cultural Development East Africa (CDEA).
The draft regulations are intended to repeal and replace the current regulations knowns as the National Arts Council Regulations of 2018. The current regulations have been condemned by stakeholders in the arts and cultural sector to substantiate violations of artists' human rights. They contain provisions that pose extreme restrictions on the enjoyment of artistic freedom of expression.
IMPORTANT EXCERPTS FOUND IN THE DRAFT REGULATIONS OF THE NATIONAL ARTS COUNCIL 2021
i) Draft of regulations that violate human rights and the Constitution of the United Republic of Tanzania
Violation of the right to freedom of expression
Violation of a right to work
Violations of the right to enjoy cultural life
Violate of right to freedom of movement
Ignored matters of gender equality
ii) Provision of regulations that are against the objectives of the National Arts Council.
Typical monitoring of artistic works like artists’ police instead of assisting the improvement of the art and cultural sector.
The Council to engage in destroying artistic works
Conflicting and intervening with the freedom of NGOs’ existence.
The Council to participate in conflict resolutions like a Court
iii)The Council to intervene in the functionality of other government authorities
Tanzania Immigration Services Department
Tanzania Communications Regulatory Authority (TCRA)
Tanzania Police Force
The judiciary of the United Republic of Tanzania
National Bureau of Statistics (NBS)
iv) Draft regulations do not appreciate international treaties of human rights
International Covenant of Economic, Social and Cultural Rights (ICESCR) 1966
Universal Declaration of Human Rights (UDHR) 1948
The purpose of the work:
To protect artists for the enjoyment of their human rights in performing cultural and artistic activities
To assist or pitch in with the Government to improve the business-friendly environment in the arts and cultural sector.
To improve laws and regulations which are governing the arts and cultural sector through promoting human rights, public engagement, and participation in the law-making process.
TARO’s RECOMMENDATIONS TOWARDS THE DRAFT REGULATIONS OF NATIONAL ARTS COUNCIL (2021):
Note: the term council shall mean “National Arts Council”
i) To remove all provisions which restrict artistic freedom of expression such as imposing permits or approval to engage in artistic activities, raising awareness of artists, traveling abroad for artistic activities e.t.c
ii) To remove all provisions which give officers of the Council higher authority to act than the police. The draft regulations provided the power for officers of the council to act unquestioned toward any execution of artistic activities. He can intervene in the activity and order to stop it without being challenged.
iii) To remove the requirement for all arts and cultural stakeholders to be registered at the Council for their engagement in the sector
iv) To remove the provisions which legalized the refusal of registration for art associations on the basis that the association with similar objectives has been yet registered
v) To add the provisions which ensure the democratization of art associations and federations
vi) To remove all the provisions that interfered with Civil societies’ freedom to conduct their activities within the arts and cultural sector. Eg inspection of project proposal before being implemented
vii) To remove artistic permits for foreign artists to conduct artistic activities in Tanzania. Notification to the authority should be used instead of a permit.
viii) To remove all provisions which require proof of financial capacity for foreign artists if he/she can able to afford the cost of living while in Tanzania for artistic activities.
ix) To remove all provisions which interfered arts business. Eg. The council coordinates all artistic activities in Tanzania.
x) To remove all provisions which restrict artistic content in media since Tanzania Communication Regulatory Authority (TCRA) is already established and working on that area.
xi) To ensure the principle of gender mainstreaming is applied in the draft regulations. The draft created more than one decision-making body but none of them observed gender representation in their composition
xii) To remove all provision that gives the court functions to the Council.
xiii) To remove all provisions which allow an artist to be deregistered from the Council. If an artist is deregistered, then not allowed to participate in any artistic activity
The original document for recommendation is already submitted to the National Arts Council for consideration.