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Tanzanians wishing to participate in politics. They contend further that
freedom of association is a core democratic principle which is meant to
allow citizens to monitor the State so as to ensure appropriate discharge
of public functions and demand government compliance with legislations
thus ensuring transparency and accountability. They placed reliance on
Article 10 of the African Charter, Article 20 of the Universal Declaration of
Human Rights and Article 22 of the ICCPR.
Article 10 (2) of the Charter indeed states that:
“2. Subject to the obligation of solidarity provided for in Article 29,
no one may be compelled to join an association”.
The relevant cross reference to Article 29 of the Charter is article 29 (4)
thereof which imposes a duty on the individual to“ preserve and
strengthen social and national solidarity, particularly when the latter is
threatened ”
Article 27(2) of the Charter, being the general limitation clause is
pertinent to the consideration of this matter. For ease of reference it is
cited again. It provides that:
“ The rights and freedoms of each individual shall be exercised with
due regard to the rights of others, collective security, morality and
common interest.”
This provision means that State Parties to the Charter are allowed some
measure of discretion the freedom of association in the interest of
collective security, morality, common interest and the rights and
freedoms of others.