Updated November 2010
An attempt by the NEC to introduce a voluntary Code of Conduct in 1995, with the reintroduction of multi party elections, was unsuccessful: "The NEC proposed a draft outline for such a Code, but opposition parties roundly rejected the document as a CCM [ruling party] attempt to restrict opposition party freedoms during campaigning. When the NEC suggested that the opposition parties submit their own set of guidelines to the commission, this offer was ignored, and thus the campaign period was conducted without guidelines for political party conduct (Masterson 2009, 547). However, the NEC issued the contents of the Code as directives (NEC 1997, 89-100). By the 2000 election a Code was formulated by the NEC in consultation with the political parties, but only eight of the 13 registered parties signed it while 5 others stood aloof (NEC 2001, 19). A "Code of Ethic for Elections" was agreed on and endorsed in 2005 by the National Electoral Commission (NEC), the government and 16 of the 18 registered political parties, the NCCR-MAGEUZA and the DP failed to sign (NEC 2005, 27, Appendix 3; 2006, 62).
In July 2010, in preparation for the elections due in October, the NEC issued the "Code of Ethic for Elections" ("the Code") as a set of regulations binding on parties and individual candidates, warning that parties that did not sign the Code would not allowed be engage in campaigning; 14 of the 18 parties signed the Code, while four others expressed reservations (Daily News 2010). A new provision, that Kiswahili be used as the language for campaigning and that translators be used for local languages proved to be a sticking point for those refusing to sign. Sanctions imposed for failure to adhere to the Code included fines and the disqualification of candidates that were persistent offenders (Kagashe 2010).
In the Introduction to the Code of 2005, the document lays out the purpose of Code, namely to "sustain fairness, mutual understanding and tolerance among stakeholders and guarantee peace and tranquility throughout the electoral process" (Code 2005, 1.0). The Code addresses three main areas, Ethics for Political Parties and Candidates, Ethics for the Government of the United Republic of Tanzania and Ethics for the National Electoral Commission.
The Code lays out the following acts that ought to be done by parties and candidates during campaigning (Code 2005, 3.1):
The following acts that ought not to be done by parties, candidates and supporters during campaigning (Code 2005, 3.2):
In regards to voting and the announcement of election results (Code 2005, 3.3, 3.4):
The Code lays out the following acts that ought to be done by the government (Code 2005, 4.1):
The government should refrain from (Code 2005, 4.2):
The NEC is responsible for planning, supervising and conducting elections that are free and fair and should (Code 2005, 5.1):
The NEC should not (Code 2005, 5.2):
The Code is to be signed by the leaders of parties, a Government representative and the NEC; signatories will educate the public on the Code (Code 2005, 6.0(a),(b)). An Ethics Committee will oversee implementation of the Code, consisting of a NEC Commissioner as Chair and a representative from each other signatory (Code 2005, 6.0(c)).
DAILY NEWS 2010 "14 parties sign electoral code of conduct",27 July.
KAGASHE, B 2010 "What the Elections' Code of Conduct Will Do", AllAfrica.com, 24 August, [www] http://allafrica.com/stories/201008240955.html [opens new window] (accessed 7 Sep 2010).
MASTERSON, G 2009 "Chapter 13: Tanzania and Zanzibar" IN Denis Kadima and Susan Booysen (eds) Compendium of Elections in Southern Africa 1989-2009: 20 Years of Multiparty Democracy, EISA, Johannesburg.
NATIONAL ELECTORAL COMMISSION (NEC) 1997 The Report of the National Electoral Commission on the 1995 Presidential and Parliamentary Elections, The United Republic of Tanzania.
NATIONAL ELECTORAL COMMISSION (NEC) 2001 The Report of the National Electoral Commission on the 2000 Presidential, Parliamentary and Councillors Elections, The United Republic of Tanzania.
NATIONAL ELECTORAL COMMISSION (NEC) 2005, A Handbook of Tanzania Electoral Laws and Regulations 2005.
THE NATIONAL ELECTORAL COMMISSION (NEC) 2006 The Report of the National Electoral Commission on the 2005 Presidential, Parliamentary and Councillors Elections, The United Republic of Tanzania.
THE NATIONAL ELECTORAL COMMISSION (NEC) 2010 "Electoral Code of Conduct for the Presidential, Parliamentary and Councillors' Elections", [www] http://www.tz.undp.org/ESP/docs/Legal_Documents/2010_NEC_Electoral_Code_of_Conduct.PDF [PDF document, opens new window] (accessed 9 Nov 2010).