Article/ Feature
17/February/2011
Of Gongo La Mboto Again: Retaining of Impunity at Own Peril
By: Clarence KIPOBOTA (Advocate)*
Obviously, this of Gongo la Mboto is a purely man-made disaster. It is the recurrent of the same incidence hardly in two year period. Probably the causes are not the same, but the effects are the same save for a question of the enormity.
When anything involves human life, a number of those who are affected is pointless. This is because of the fact that, the life of a human being cannot be valued. In this way, any discussion that would advance an argument that this time around so and so is less than previously becomes an unfounded contention. What matters then is why this time again?
When the bombings happened in Mbagala area Dar es Salaam, it was easy to accept and absorb excuses from the military and the government at large. The humbleness of Tanzanians easily accepted that it is technical issue that was beyond control of those who are in custody of the arsenal.
Professional negligence could not be claimed in anyway because military issues are said to be “sensitive issues.” Therefore, all had to accept the experts’ opinion that controls of unruly bombs astray the capacity of the defence force. Then, people died and some of them had their properties destructed.
Because of the same reasons, no one was held accountable or at least to accept negligence as we normally see in other countries which abide with accountability principles in its all meaning.
Compensations of the victims followed, whereby few seemed to be satisfied and the rest have remained complaining to date. Probably, some of them are yet victims of the circumstance for the second time. The auditing of the situation would render proper findings on all these.
Behind the causes of all these adversities lies a real source of troubles to the people and the government itself. That is, lack of accountability to our own wrongs or failures.
Even if this would be a case, but again no punitive measures are taken against the irresponsibility at least to show the public that the authority is concerned. It is impunity which prevails. But for whose interests and on what grounds?
Both moral and legal obligations require someone to be accountable in situation like this. For instance, the laws including the Constitution of the United Republic of Tanzania of 1977 require state authorities including the military (Article 147(2)) to prevent the lives of the people from any harm. Any act or omission which distorts this obligation is an offence.
That further means, behind what happened in Gonga la Mboto, there is a responsible person who was charged with specific statutory duty to ensure that, the arsenal is kept in such a way that it will not harm the people or properties of any person. Failure of which amounts into negligence said above.
The principle of statutory duty arises from the fact that, people’s life and his or her properties must be protected and safeguarded by all means be it legal, political, administrative and cultural measures. The international human rights instruments and the constitution of Tanzania all maintain same position.
The known custodian of the bombs which blasted recently like the other time is the Tanzania People’s Defence Force (TPDF). Obviously, it has commandants and specific persons to control the arsenal.
These are principal officers to take responsibilities of all these because they are accountable to the government and the people of Tanzania to keep safe supervision of the arsenal. To put it in a more correct way, they are trained or professionals of handling this task. Therefore, they have not only statutory but also professional duties.
It should be noted that, in a democracy, the principle of accountability holds that public officials are responsible to the citizenry for their decisions and actions, which include negligence or failure to control the safety of arsenal. If they fail to hold themselves accountable to what has happened, then the Commander in Chief may, if finds it appropriate, use his constitutional powers under Article 148(2)(d) of the Constitution of Tanzania to take the perpetrators into task.
The people of Tanzania have high expectations of their TPDF. It has, indeed, enjoyed very high reputation around the world as professional agency. But incidences like this one not only mitigating the defence force’s reputation, but also the image of the nation at large.
The negative effects of this negligence are sufficient to address this issue to a wider perspective. It is not appropriate to wait until when the bombs lands on Ministers’ residential houses or State House before taking stern measures.
The impunity should not disconnect the citizen’s royalty to their defence force. In fact, those who know a history of the TPDF could remember that, it was risen from the youth league (citizens themselves) of the then ruling parts of Mainland and Zanzibar. It is therefore the “people’s defence” and not “people’s devastation force” to protect the rights of the people as the constitution directs.
Moreover, it should be noted and emphasized that, the citizen security policies must be evaluated from a perspective of respect and guarantee of human rights. On the one hand, negative obligations involving abstention and respect; on the other hand, positive obligations linked to the adoption of prevention measures already stated above.
The connectivity to human rights protection in circumstance like this can be expanded further by bringing into discussion the issue or requirement of observance of good governance principles in whatever we do.
The provisions of the Public Leadership Code of Ethics Act of 1985 list down several principles of good governance including the accountability, observance of human rights and rule of law. Section 8 of this law requires perpetrators and violators of the principles to be taken into actions.
We have already established that, what have happened in Mbagala and this time around Gongo la Mboto amount into violation of laws and human rights including rights to life, properties, family issues, communication and several others. Agains, are these not enough to take responsibilities?
The said international human rights instruments provide to the effect that, the State should take responsibilities basing on acts or omissions of any of its powers or organs, irrespective of their rank.
Moreover, the State’s international responsibility may arise from the attribution of human rights violations committed by third parties or individuals, within the framework of the State’s obligations to guarantee respect for those rights between individuals.
This obligation is seriously enforced in other countries like America. They have zero tolerance to acts or omission of this nature. But why not in Tanzania? This time around the impunity should not prevail to the detriment of the lives of the people and the reputation the government itself.
The government should audit the current situation, which is full of agonies ranging from soaring prices of commodities in the market, power blues, poor infrastructures, unaffordable health services, university students unrest situation, mortifying life style of majority of common people, and so many others.
The silence and impunity on Gongo la Mboto and all these other issues would continue to heap anxiety in citizens to their government. The President and other officials should be reminded that, this time around people are awake. Their feelings are no longer cured by passage of time as it used to be in the past. They are alert probably because of series of impunities.
This is why it is hereby strongly advised that, should responsible person decides to choose impunity even for vivid irresponsibility incidence of Gongo la Mboto, then, that is for his or her own peril. I cannot see a reason of subjecting our government to the scorns and hatred just for its failure to take only few officials into task.
Last and even more important is that, the government’s agencies are duty bound to provide prompt and sufficient reparations to the victims.
Previous tendencies of some of unscrupulous officials to deny the victims of the appropriate compensations should be contained and seriously addressed. The emergence committee if it has to be formed should involve high reputable persons only.
Moreover, immediate, affirmative and permanent measures for women, children and other special groups should be adopted. The children who lost their parents of guardians or the persons who have lost their abilities because of the bombings need more than reconstruction of their houses or pay for their TV sets.
The government should also compliment good work which is voluntary done by well-wishers like the Red Cross Tanzania and once again take a lesson that, it needs to be ready all the time to save its people including giving them appropriate information and guidance once they are in danger.
This recent situation shows that people were not guided. Therefore, most of them were injured, disunited from their families and died because of irresponsibility of their government to take precaution and measures.
Every day is a learning session, but for this of Gongo la Mboto, negligence prevails and there is certainly no good excuse.
* Clarence KIPOBOTA holds Bachelor of Laws Degree (LL.B (Hons)), Masters of Community Economic Development (Msc. CED) and Certificates in Human Rights and UN Treaty Monitoring Bodies. He is an Advocate of the High Court of Tanzania, currently working as Legal Consultant with LEGAL AND DEVELOPMENT CONSULTANTS LIMITED (LEDECO). He is also Human Rights Activist. Email: kipobota@yahoo.com Tel: +255 762776281/ +255 222700695.
