Al Shabab wa Kufikirika Tanzania na Jinsi Sheria ya Ugaidi ya Mwaka 2002 Inavyobeba Uongo Huu

Vita dhidi ya ugaidi sasa imegeuzwa kuwa vita dhidi ya Waislam na Uislam Tanzania.Hapa chini naweka nukta muhimu nilizozungumza Chuo Kikuu Cha Ibadan mwaka 2006 kuhusu ugaidi na sheria yake Tanzania maneno ambayo Waamerika hawakuyapenda na halikadhlika serikali yetu. Matokeo yake ni kuzuiwa kwa muda Uwanja wa Ndege wa Mwalimu Nyerere mwaka 2007 nilipokuwa natoka Iran kwenye mkutano kwa mahojiano na vyombo vya usalama lakini si kwa ugaidi au mada niliyowasilisha bali kwa kuuza madawa ya kulevya. Soma na tafakari. Jiulize baada ya Al Shabab wa Mtwara na Tanga vita itaelekea wapi? Jiulize dhulma hii itaachwa iendelee hadi lini?

Al Shabab wa Kufikirika Tanzania na Jinsi Sheria ya Ugaidi ya Mwaka 2002 Inavyobeba Uongo Huu

1.       Out of its own free will Tanzania after the bombing of the United States Embassy in Dar es Salaam in 1998 and after 9/11 found itself being dragged into a war of attrition which it had no justified cause to get involved. Despite of the Cold War politics of the post WW II era Tanzania had never considered the United States as an adversary much as it was supporting oppressive regimes and conducting illegal acts of aggression in Vietnam, Laos Cambodia, Nicaragua and in many other places. Nowhere was this policy abhorrent than in South Africa under apartheid and in Palestine where Israel is forcefully with the full support of the United States was occupying Muslim land, killing and maiming innocent children with lethal weapons supplied by the United States. Through its policies in the Middle East and elsewhere the United States was creating and is still creating more enemies, but it does not care because the primary objective of the United States is to guard its national interest, other matters are secondary. And to back up its national interest the United States has in possession a formidable war machine which no country on earth can defeat in conventional warfare.

2.     Realising the determination of the terrorists in punishing the United States government and being encircled inside its own territory and overseas, the American government had no alternative but to turn the problem of terrorism, which strictly speaking was an American predicament, into an international agenda. It was in this way that Tanzania and its Muslim population was dragged into the war against terrorism. Through aid diplomacy Tanzania was made an ‘ally’ of the United States in its strategic plan on war against international terrorism.  But the truth still remains that Tanzania was in reality an innocent bystander being dragged into a conflict, which was between the United States and enemies, which it had created through its foreign policy, adversaries which only the United States government can identify. Since terrorism was conveniently linked to Islam, the United States had to search for its enemies in whatever country where Muslims could be found.

3.      That is why although the bombing in Kenya took place in Nairobi intensive investigations by the FBI were mainly concentrated in Mombasa where Muslims are a majority, and in Tanzania it had to be Dar es Salaam and Zanzibar for the same reason.

4.      There is nothing in Islam, which condones discriminate killings.[1] Killing of innocent people is a serious crime whether by terrorists or United States’ military machine. Muslims do not have to be apologetic simply because a suicide bomber carries a Muslim name or purports to carry out the attack in the name of Islam. In the same breath Muslims in the United States did not call for apology from Christians when Timothy McVeigh carried out the Oklahoma bombing in the United States. The world has not called for apology from Christianity or to be specific from Protestants for the holocaust.

5.      Islamophobia has always existed in East Africa and nowhere in the region has it gained ground and lodged itself in the political system as in Tanzania. The rise of Islamophobia in Tanzania therefore did not need the bombing of the United States Embassy or 9/11 to bring it to the surface. The bombing merely gave it momentum and means to legitimise and justify government action against Muslims who were agitating against Christian hegemony in the country.  The political system in Tanzania is very much skewed against Muslims although they form a majority; and it was the drive of Muslim militancy during the struggle for independence, which drove the British out of Tanganyika.[2]  After independence Muslims found themselves holding a short a leash.

6.   After 9/11 the United States passed the Patriot Act of 2001. Soon after it had sailed through the Congress in record time the United States pressurised other governments to pass similar anti-terror legislation and join in its campaign against terrorism. Through diplomatic manoeuvres and veiled threats many African governments passed what came to be known as Anti -Terror Legislation. Tanzania passed the Prevention of Terrorism Act of 2002, which in all intent and purpose replicated the United States Patriot Act of 2001. Due to under representation of Muslims in parliament the Act sailed through without any difficulties notwithstanding Muslim opposition outside the parliament. What concerned Muslims more was the fact that the law was not only draconian but also targeted Muslims. Muslims realised that with the Act in force any conflict between them and the government could be tried under that legislation and this would have very dire consequences.

7.     On 17^th May 2003 with the anti terror legislation in place the police in collaboration with the FBI (who were already in the country waiting for the president to assent the bill) arrested Muslims suspected to be ‘terrorists.’ But those arrested had nothing to do with terrorism; they were Muslims leaders who the government arrested for being ‘opponents’ of the government and ruling party the Chama Cha Mapinduzi (CCM).  Among those arrested were leaders of various Muslim charitable organisations - foreign oriented and local, who have distinguished themselves in providing social services to Muslims like building mosques, schools, orphanages etc. These were targeted for being ‘terrorist sympathisers’ or for being directly involved in ‘terrorist activities’ or for ‘providing logistic support to terrorists;’ and bank account of one prominent Muslim school – Al Furqan was frozen for suspicion of being a conduit of funds from abroad to support terrorism.

8.      In response to these arrests Muslims staged a mass demonstration against the government and the United States opposing the mass arrests of the Muslim leadership, harassment by the local police, the FBI and against the Anti – Terrorist Legislation. The demonstration was the first of its kind, as never before had Muslims shown such solidarity against a foreign power. Ignoring the feeling of Muslims the then United States Ambassador to Tanzania Robert Royall addressed the Tanzanian Parliament expressing his government’s satisfaction in Tanzania’s support in its war against terrorists and pledged USD 100m in aid to East African governments to help combat terrorism. Investigations revealed that none of the arrested Muslims had any kind of military training whatsoever or had in anyway engaged in terrorist activities and they were quietly released without being charged. Investigations also failed to prove that the account of Al Furqan had at any one time used to transfer funds from abroad for illegal use. All this notwithstanding there was no apology from the government, the FBI or the police.

9.      Probably unknown to the United States, the government in Tanzania had other reasons for passing the legislation completely unconnected with terrorism. The government was under pressure from Muslims to review the status quo. The government was and still is functioning as a Christian establishment completely marginalising Muslims.[3] The Church particularly the Catholic Church is in control of the government by proxy.  It controls 75% of the seats in the parliament. Among these seats Catholics hold 70% and the rest are divided among Muslims and Christian of other denominations. Muslims controls mere 6% of the total seats in parliament. Since independence in 1961 the Church was able to manipulate the political system in such a way that, its influence permeates the state machinery, mass media, higher institutions of learning, employment, promotion to political office etc. etc.  It also has influence in the Executive, the Judiciary and most important it controls the Parliament the highest law making body in the country.[4]

10.  The government was engaged in its own silent war against Muslims who were opposing Christian hegemony over the country and several times the government had to use force, harassment and arrest of the Muslim leadership in trying to contain the agitation.[5] Corresponding to this awakening, Islam has gradually been gaining ground over Christianity in Tanzania. There is a noticeable number of Christians reverting back to Islam.[6] The Church is facing opposition on two fronts. It is facing Muslims on the political front agitating against the status quo and on the second front there is Islam as a doctrinaire attacking the very foundations of Christianity. The Catholic Church is the most affected and naturally it is showing concern. The government saw in the Act an opportunity it could manipulate in its war against Muslims and roll back the tide of Islam in Tanzania.

11.    The United States government in supporting the Tanzanian government in its war against terrorism was in actual sense supporting the Christian lobby in the government in its anti Islam stand. In so doing was creating out of Muslims an unwilling adversary who had never threatened American interests. This state of affairs forced Muslims in Tanzania to open up yet another line of defence against the United States fanning an already volatile state of affairs. Muslims had now two powerful adversaries to watch out. Muslims had to confront local adversaries as well as the United States. The Christian lobby in the government had found an unexpected ally. Muslims had to organise a line of defence against the United States’ interference into what was previously purely an internal power struggle between Muslims and Christians vying for dominance in the local political arena.

12.   The entry of the United States in the conflict on the side of the government gave the conflict religious undertones, which were translated by Muslims as an impending American crusade hidden behind the façade of war against terrorism. What was worse is the fact that in the last ten years there had been a large influx of Pentecost churches into the country from the United States and these churches were not openly hostile towards Islam but were also very aggressive towards other Christian sects. However with the passing of the anti-terrorist legislation it seemed all Christian churches in Tanzania where united in combating Islam under the banner of terrorism. The Act was therefore seen by Muslims as yet another strategy by the government to keep Muslims under perpetual bondage. The government of Tanzania had succeeded to manipulate the Prevention of Terrorism Act for its own selfish ends.

13.   The government had shifted from its long standing progressive policy of commitment to freedom, justice and equality overtime transforming itself into an ‘ally’ of the United States whose oppressive policies it once lead other African nations to oppose. This change of policy and ideological stand unsettled the established political equilibrium. It is now out of tune for Tanzania to identify itself with the people of Palestine, Afghanistan, Iraq, and Kashmir.  The government was able to kill three birds with one stone. First by passing the anti terrorism legislation it had found a partner in its efforts to weaken Islam and its influence in Tanzania. Second it managed to alienate Tanzanian Muslims from the rest of the Muslim world where Islam was under siege; and lastly the government managed to position itself correctly as an ‘ally’ of the United States and hence be considered legible for aid,[7] the aid which will eventually strengthen the status quo.

14.   The Prevention of Terrorism Act is fraught with legal defects.[8] It is beyond the scope of this paper to go into all the shortcomings. Suffice to say that the act curbs democracy, free association, exchange of information, the right to own property, etc. There are also sections, which give the Minister of Home Affairs undue powers to declare any person a ‘terrorist’ on mere suspicion. In a country where the Church controls the government, one can only imagine the dangers facing Islam. The law empowers the Minister to freeze bank accounts of any suspected ‘terrorist organisation’ or individual. Nowhere is the law frightening than in part V 28 (6). This section deserves special mention. It stipulates that:

''A police officer who uses such force as may be necessary for any purpose, in accordance with this Act, shall not be liable, in any criminal or civil proceedings, for having, by the use of force, caused injury or death to any person or damage to or loss of any property.''

16.   Muslims were concerned because the parliament was being manipulated by a foreign power in partnership with the Christian lobby to legitimise oppression against them. It was now legitimate to kill ‘Muslim fundamentalists’ or suspected ‘terrorists’ on mere suspicion. There were many good reasons for Muslims to register concern. There had been incidences in the past where state organs have used excessive force against Muslims resulting into deaths of Muslims. The act in a multi racial society like Tanzania incites racial and religious hatred against Muslims particularly those not of black African origin. The Act managed to fan fear and hatred against Muslims whipping up a frenzy of Islamophobia in the country. The smoke bombing of mosques and mass arrests of sheikhs over the years, were one of the means of intimidating Muslims and rescuing the Church from its predicament.[9] What was there to prevent state organs from applying the Act in subverting Islam?

17.   Tanzania being a ‘secular’ state the government had no legal ground to intervene in matters of religion, which according to the constitution were outside its jurisdiction. The anti terrorism legislation was seen by the government as a Godsend piece of legislation which could be used to resolve what it perceived as ‘radical Islam’ once and for all.[10] But what important was the fact that no one could accuse the government of partisanship for passing the Act since the legislation was passed as a general world concern on terrorism. Soon after passing the Act, the government embarked on plans to make amendments to the constitution because as it was, the constitution had proved to be giving Islam unlimited freedom of propagation. This freedom provided a level ground, which favoured Islam but detriment to Christianity.

18.   Soon after passing the Prevention of Terrorism Act of 2002 the government made amendments to the constitution. Before the amendment the constitution of the United Republic of Tanzania aptly stated that:

‘’Every person has the right to the freedom of thought or conscience, belief or faith, and choice in matters of religion, including the freedom to change his religion or faith. Without prejudice to the relevant laws of the United Republic the profession of religion, worship and propagation of religion shall be free and private affair of an individual; and the affairs and management of religious bodies shall not be part of the activities of the state authority.[11]’’

19.   The constitution as it were before the 14^th amendment was giving Islam unhindered plane of propagation and Islam was gaining ground over Christianity.  Unless the constitution was amended there was no law, which could inhibit Islam. The government had to have a constitution, which could be used to protect the Church. Without the amendment the government could not effectively apply the anti-terror legislation in confronting Muslims and in arresting the mass conversions to Islam.

20.The gist of the 14^th Amendment of the Constitution of the United Republic of Tanzania 2004[12] prohibits the use of propagation of religion in such a way as to ‘endanger peace and national unity’ or ‘scorn the teachings, belief or faith of another sect.’ The law dictates what is to be and what is not to be professed or propagated. The amendment affects Islam more than Christianity. Doctrinaire Christianity is far different from that which its adherents practise. It is this philosophy propagated by Muslims preachers, which managed to attract Christians to Islam.

21.   Christianity does not condone homosexuality or paedophilia, which has of late become an embarrassment to the Church. If Muslims were to attack such a trend in society in comparison to Islamic teachings this could be taken as ‘scorn to the belief of another faith’ or ‘danger to peace and national unity.’ The amendment therefore stifles Islam while it provides a new lease of life to Christianity in Tanzania. Muslims protested against the amendment but the government ignored their protests. The amended constitution provides the government with full authority to intervene in matters of religion and Islam was the target. This should be perceived in the context that in a landmark judgement even before the amendment of the constitution, in 2000 the High Court of Tanzania ruled out that it is a criminal offence to hold and to declare the Muslim belief that Allah (God Almighty) is not Jesus son of Mary.[13] This was tantamount to banning the Holy Qur’an and its teachings because most of its teaching is contrary to Christian beliefs.

22. Following the amendment of the constitution sheikhs were also quietly ‘advised’ to abstain from using the word ‘kafir’ in their ‘khutbas’ since the word offends Christians and hence could jeopardise ‘national unity’ and ‘endanger peace’ and they could be prosecuted in a court of law for breaching the peace. They were also advised to go easy on their translations particularly on verses in the Qur’an, which castigates Christians. There are Muslim radio stations which have abided by the ‘advise’ as they are sheikhs who have abstained from quoting in public passages from the Qur’an in which the word ‘kafir’ appears, for fear of breaking the law. Through the Prevention of Terrorism Act of 2002 and the 14^th Constitution Amendment of 2005 the government succeeded in adding yet another armament in its arsenal to weaken Islam. The Church through its agents in the political system managed to safely perfect its strategy to undermine the message of Islam through the force of law.[14] Cardinal Otunga, Emeritus of Nairobi had once sounded a warning that unless the Church takes drastic action Christianity was on the verge of dying a natural death on the face of Muslim onslaught.[15]

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• [1] See ‘The Hijacked Caravan’ ihsanic-intelligence.com which is the first and only Islamic legal ruling which unequivocally condemns suicide bombing in all circumstances.
• Suicide terrorism has no precedent in fourteen centuries of Sunni Islamic tradition
• Islamist terrorist groups like al-Qa’eda have adopted the use of suicide bombings from the Hindu-Marxist terrorist groups like the Tamil Tigers and kamikaze pilots from Japan
• Islamist terrorists killing Muslims are considered to be in the tradition of the khawarij, an ancient Islamic heretical sect which also assassinated Prophet Muhammad’s cousin, Imam Ali
• Suicide bombings invoked under the rubric of Islamist terrorism, outside Israel and the Palestinian Territories, grew three-fold within the space of three years after 9/11, killing twice as many people as had been killed over two decades.
• Within the Israeli-Palestinian Conflict, a case often given global exception by some scholars for using this tactic, suicide bombings doubled as did the number of people killed in the three years after 9/11 compared to the previous seven years of suicide terrorism. Worldwide, in merely three years after 9/11, the number of suicide bombings had increased three-fold than it had over two decades, whilst the number of people killed had doubled.
• Worldwide, for every person who undertook a suicide bombing prior to 9/11, 18 people were likely to be killed. After 9/11, this figure fell to killing of 14 people on average, which was only as a result of the disproportionate rise in the “export” of this practice to groups worldwide.
• Suicide bombing in the name of Islam has occurred in more than 20 countries: Lebanon [1981], Kuwait [1983], Argentina [1992], Panama, Israel and Occupied Palestinian Territories [1994], Pakistan, Croatia [1995], Saudi Arabia [1996], Tanzania, Kenya [1998], Yemen, Chechnya [2000], USA, Kashmir, Afghanistan [2001], Tunisia, Indonesia, Algeria [2002], Morocco, Russia, India, Iraq, Turkey [2003], Uzbekistan and Spain [2004] - and possibly United Kingdom [2005].

[2] Among African countries with sizable population of Muslims and Christians, like Tanzania and Nigeria, the inquiry as to which faith commands a leading majority, is a source of potential conflict and controversy. Tanzania is of no exception. Different sources provide different Muslim-Christian religious distribution figures. These conflicting figures are as a result of sensitivity of the subject. The 1967 Population Census, the first census since independence, probed Tanzanians’ religious adherence (Muslim, Christian, Other (e.g. Hindu, Buddhist etc.) or traditional, e.g. Pagan. Results showed that Muslim constituted 63% of the population. It is believed that in early 1970s the Statistical Department was ordered to destroy all the 1967 census result simply because they showed Muslims in Tanzania to be in majority. The government position is that Muslims do not form a majority. Tanzania National Demographic Survey figures for 1973 put Muslims slightly above Christians at 40%, Christians 38.9% and local belief 21.1%. According to Africa South of the Sahara, Muslims in Tanzania are a leading majority at 60%. This figure has remained constant in all its publications since 1982.

[3] The thrust and vision of the Church in East Africa was to turn Kenya, Uganda and Tanganyika into Catholic states through control of indigenous governments.[3] The Church therefore established ‘The Islam in Africa Project’ with its headquarters in Kenya of which its specific aim was to convert Muslims to Christianity. This project was under Rev. James Ritchie advisor to the National Christian Council of Kenya. The White Fathers are in Tanzania and are still involved in the work, which brought them to the country more than a hundred years ago. The position of missionaries in Tanzania has not changed as detailed above.

[4] For a detailed account see Mohamed Said, The Life and Times of Abdulwahid Sykes (1924 – 1968) The Untold Story of the Muslim Struggle against British Colonialism in Tanzania, Minerva, London, 1998.

[5] This has to be seen with this background - Muslims have clashed with riot police in Zanzibar (1988), Morogoro (1992), Mwanza (1983) and several times in Dar es Salaam. In these clashes Muslims have been killed and maimed. However not a single policemen has been prosecuted in a court of law. The most saddening miscarriage of justice was in 1998 when riot police smoke bombed the Mwembechai Mosque in Dar es Salaam in which four Muslims were killed. Following the Mwembechai crisis many sheikhs were arrested and put under custody without trail.  In 2001 riot police attacked a mosque in Zanzibar during ‘salat fajr’ and the imam was killed. No investigation was carried out and therefore no one was prosecuted for the killing.In parliament debate on the Mwembechai crisis the parliament congratulated state organs in the way they had effectively and decisively handled ‘Muslim fundamentalist. The government statement went further it stated that in future such operations to deal with ‘Muslim fundamentalists’ would be carried out by Tanzania Peoples Defence Force.[5] Few months later all the officers who took part in the Mwembechai operation were promoted and transferred to other areas for fear of Muslim reprisals.

[6] Christian converts have formed an association – Tanzania Revertees Association.

[7] 50% of Tanzania’s expenditure and recurrent budget is donor funded.

[8] There is opposition in United States to the renewal of the anti-terror Patriot Act unless changes are made to provide greater protections of civil liberties.

[9]In Sumbawanga a predominant Catholic area at one time 2000 Christians converted to Islam and in Kagera 3000. In Kagera Yusuf Makaka a pastor from the Lutheran Church reverted to Islam and converted 3000 of his followers back to Islam and built a mosque. See Mizani, 21 December 1990-January, 1991.

[10] In aspecial synod in Rome on Islam the Catholic Church singled out ‘Muslim fundamentalism as its greatest challenge. See Kiongozi, 16 – 31 May 1990. While visiting Tanzania the then Archbishop of Canterbury Dr. George Leonard Carey stated that in Tanzania ‘Muslim fundamentalists’ were a danger to peace.

[11] Right to Freedom of Religion Act No. 15 of 1984 s.6 Act 4 of 1992 s.9.

[12] The English version of the 14^th Amended of the Constitution of 2004 is not available at the time of writing this paper.

[13] Republic Versus Hamisi Rajabu Dibagula, Criminal Case No. 197 of 2000.

[14] There is sufficient and undisputable evidence that the government in Tanzania since independence in 1961 has been carrying out a conceited and calculated strategy to subvert Islam. Dr John C. Sivalon in his expose, Kanisa Katoliki na Siasa ya Tanzania Bara 1953 Hadi 1985, unmasks a conspiracy in the government to subvert Islam. Sivalon revealed that the Catholic Church as far back as 1961 was worried by two prospects. First, was the unity between the Muslim madhheb (sect) of Sunni, Bohora, Ismailia and Ithnasheri in Tanganyika; and the second, was the economic strength of the East African Muslim Welfare Society. The Church was worried that the resources in the hands of rich Asian Muslim community in East Africa, coupled with the political power of African Muslims, particularly in Tanganyika, would endanger Christian interests in the region. The Church therefore declared Islam as its enemy in the country and plotted to thwart its progress.

[15] The Standard (Nairobi), 13 January 1993.