Legal framework on freedom of religion and actual application
The Constitution of the United Republic of Tanzania dates from 1977 and has been amended several times. A nationwide consultation process started in 2014 to explore further reform, but has since stalled.
Article 19 states that, “every person has the right to the freedom to have conscience, or faith (sic), and choice in matters of religion, including the freedom to change his religion or faith.” The document also upholds the principles of equality and non-discrimination with respect to religion (Article 13, 5), and prohibits political parties that aim “at promoting or furthering the interests of […] any religious faith or group” (Article 20, 2, a, i).
A new draft constitution outlines the extent and limits of the right to freedom of religion. Article 40 contains detailed provisions protecting the right to freedom of conscience and faith, the right to celebrate and propagate freely one’s religion so long as it does not violate the law, and the right to organise religious communities independent of government. At the same time, freedom of worship is regulated by law, and cannot be used to disrupt peace, spread hatred, or stir social confusion. Religion cannot be used to foster hostility or division among citizens. Article 209 (2, d, iii) says that electoral processes must be free from “pronouncements which indicate tribalism, provincialism, religious bias”, among other things.
Under the existing rules, all religious organisations are required to register with the Registrar of Societies at the Ministry of Home Affairs on mainland Tanzania and with the Office of the Registrar General on Zanzibar. Registration requires the names of at least 10 members, together with written statutes, CVs of the leaders, and a letter of recommendation from the district commissioner. In mainland Tanzania, Muslim organisations must be approved by the National Muslim Council of Tanzania (BAKWATA); on Zanzibar, the application must be approved by the local mufti.
The Constitution of Zanzibar, a self-governing archipelago that has been a part of the United Republic of Tanzania since 1964 with its own president and parliament, contains the same guarantees to religious freedom as the Constitution of Tanzania.
In Zanzibar, the government appoints the mufti, a professional jurist who interprets Shari‘a (Islamic law) and oversees Muslim organisations. Some Muslims have argued that this practice represents excessive government interference. On the mainland, the BAKWATA chooses the mufti.
On 27 June 2019, the Tanzanian National Assembly adopted the so-called Written Laws Bill, consisting of a series of amendments to existing laws concerning, among other things, non-governmental organisations, companies, and societies. A year later, in June 2020, Tanzanian lawmakers approved the Written Laws (Miscellaneous Amendments) Act (No. 3), which critics view as a threat to the autonomy of civil society groups. Among other things, it abolishes public interest litigation and grants immunity to top officials in the executive, legislative, and judicial branches of government.
Teaching religion in state schools is permitted, but only as an extracurricular subject. Lessons must be approved by school administrators or teachers’ associations and by the parents, and are offered free of charge by parents or other volunteers. Religious schools and universities are legal, and many exist, both Christian (Catholic or Protestant) and Islamic. Christian organisations are required to present the Home Affairs Ministry with a letter of accreditation from senior Church officials.
Recognised national religious holidays include the Christian feast days of Good Friday, Easter Monday, and Christmas Day, as well as the Muslim festivals of Mawlid, Eid al-Fitr, and Eid al-Adha.
Incidents and developments
Insecurity due to terrorist attacks is still a problem in the country, especially along the border with Mozambique. Since 2021, however, with the Rwandan military’s 1,000-soldier presence in Mozambique, the jihadists have suffered setbacks and consequently threats to Tanzania have slowed, though challenges still remain. On 18 November 2022, the Islamic State newsletter al-Naba, boasted of starting a “maritime jihad” against the coastal areas of Tanzania and Mozambique. Christian Churches are active, trying to mediate whenever conflicts erupt between authorities and victims due to insecurity.
On 14 May 2021, Catholic bishops spoke out against violence and neglect affecting children, which is a growing national problem. In its pastoral guidelines, the Catholic Church in Tanzania warns against all forms of violence against children, especially sexual abuse in schools, providing a comprehensive safeguarding approach to child protection. It also stresses the importance of full cooperation with civil authorities across the country.
On 17 June 2021, 36 Muslim clerics were freed from prison following eight years of detention after charges of terrorism against them were dropped. Numerous pleas were made to President Samia Suluhu Hassan for their release.
In a meeting with Catholic bishops on 25 June 2021, President Hassan discussed how some groups were abusing tax and other exemptions granted to faith-based organisations. For his part, Alinikisa Cheyo, chairman of the Christian Council of Tanzania (CCT), noted that high levels of taxation imposed on Church organisations harm the social services they provide to the population.
On 25 August 2021, a man killed four people (including three police officers and a private security guard) in the embassy district of the city, which is Tanzania’s government seat, Dar es Salaa. The attacker, who was shot dead, was later identified as an Islamist terrorist who had become radicalised via social media.
Tanzania’s Ismaili community, through Ismaili Civic, an organisation that provides social outreach, held an Ismaili Civic Day on 26 September 2021 to highlight its contribution to the country, most notably its work in education. Events were organised in the cities of Dar es Salaam, Mbeya, Mwanza, Dodoma, and Zanzibar. This event was part of the first Global Ismaili Civic Day, an initiative by the Ismaili community to stress its religion’s core values of good citizenship, peace, compassion, service, and care for others.
Religious leaders raised concerns on 25 January 2022 over rising crime, specifically a spate of brutal killings, and urged politicians to meet and discuss its causes. Bishop Severine Niwemugizi, head of the Catholic Diocese of Rulenge-Ngara, said it was their obligation to allay public anxieties while also reminding leaders to pay attention to popular opinion on a variety of societal issues. The prelate spoke a few weeks after the murder of a businessman, allegedly killed by seven police officers.
On 28 February 2022, a group of civilians caught and beat three men as they attempted to rob the Tandahimba Catholic Church in Mtwara, before turning them over to the police. The latter handed them over to the army for suspected links to the Islamist insurgency in Mozambique because one shouted ‘Allahu Akbar’ when he tried to damage some church property. The army eventually returned the individuals to the police after deciding they were common criminals.
Prospects for freedom of religion
Tanzania continues to maintain its long-standing tradition of respect for religious freedom. However, possible changes to the constitution could threaten this, especially in terms of public expression and worship. External risks to human rights, including freedom of religion, come from the growing presence of Islamist extremists (especially on the border with Mozambique).
Notwithstanding these challenges, the prospects for freedom of religion remain positive.
Tanzania