Tanzania Statistics Law Still Restricts Free Speech; Panel Could Require ‘Corrections’

By Toby McIntosh

The revised Tanzanian Statistics Act could result in government censorship of statistical findings deemed unacceptable.

A  government-appointed committee could require the publication of “corrections,” according to modifications of the act approved in late June.

This provision has attracted little criticism, probably because of the large sigh of relief that the government retreated from imposing criminal penalties for critics of official statistics, a controversial provision added in late 2018. Backing off, Tanzania’s Parliament in late June eliminated the criminalization clause.

But in a further effort to curtail criticism, the government proposed a system of prior approval for those intending to challenge government statistics and to conduct non-official research. However, these prior restraint proposals were dropped in the final days of the bill’s consideration. (A prior EYE article on the legislation, based on a June 11 version of the bill, was incorrect. This article is based on the final version, dated June 30.)

The criminalization provision had generated strong criticism including an unusual statement from the World Bank and questions from the International Monetary Fund. (See Eye article.) The Bank, which withheld funds to support the Tanzanian statistic agency, has declined, however, to comment on the new amendments.

Oversight Committee Created

Despite the improvements, the approved bill establishes a system for reviewing statistics with which the government disagrees.

It would establish a five-person “Statistics Technical Committee,” including two members from outside the country, all appointed by the minister who oversees statistics.

The committee’s role is reduced from that planned in the original bill, but it would still be able to restrict freedom of expression.

These powers are granted despite an assurance that a person with findings different from official statistics “shall, subject to the provisions of this Act, have the right to publish such findings and submit such findings to the Bureau.”

Mandated Corrections

Despite this “right to publish,” the government retains the right to force the publication of corrections.

Here’s how it would work.

If the government disagreed with published findings it could issue “a statement pointing out all areas of disagreement” or refer the matter to the technical committee.

“In discharging its mandate, the Technical Committee shall abide with the international standards, national standards and provisions of this Act,” according to the bill.

The bill says that “a  person intending to disseminate statistical information shall, before disseminating such information, take into consideration:

(a) professional considerations, scientific principles and professional ethics on the methods and procedures for the collection, processing, storage and presentation of statistical data;

b) the duty to present information in accordance with scientific standards on the sources, methods and procedures of statistics; and

(c) the duty of ensuring objectivity and impartiality in reporting the results of statistical information.”

Public Apology, Correction Provisions

The committee’s conclusions should be published and “shall be final and conclusive,” according to the legislation.

If the author of the information withdraws the information before the committee’s decision, the committee is empowered to “direct the author to publish his decision to withdrawal (sic) and give the reasons thereof….”

In the event the committee finds fault with the disputed information it must mandate that corrections be published.

The bill states that the committee “shall “… in the case of correction, cause the corrections made to the information be published.”

Government Disagrees With World Bank Statistics

If the World Bank were a Tanzanian citizen, it probably would be forced to correct its recent estimate of Tanzanian economic growth.

The Bank recently said Tanzania’s economy grew by 5.2 per cent in 2018, contradicting the 7 per cent growth figure announced by the government of Tanzania in June 2019.

Further, the Bank forecast 2019 growth at 5.4 per cent. The government projects a 7.1 per cent growth rate.

National Bureau of Statistics Director General Albina Chuwa disputed the World Bank figures, questioning the reliability of its data, according to an article in The Citizen.

In April the government exercised its option to veto release of a major report about Tanzania prepared by the International Monetary Fund. (See EYE article.)  Tanzania denied blocking the publication of the report. A copy seen by Reuters said the government is undermining economic growth with “unpredictable and interventionist” policies.