When nations investigate themselves: TZ’s institutional approach to national questions

DAR ES SALAAM: “KARIBU Tanzania.” The phrase, translated ‘welcome to Tanzania’, has gained fresh resonance as Tanzania opened its doors to high-profile international envoys amid efforts to address concerns arising from the October 2025 General Election. Among the visitors was the United Nations Secretary-General’s Special Representative to the African Union, Parfait Onanga Anyanga.

During his visit, the UN envoy held talks with President Samia Suluhu Hassan and retired Chief Justice Mohamed Chande Othman, chair of the Commission of Inquiry investigating incidents linked to the election and its aftermath. The meetings reflected growing international attention on Tanzania’s post-election trajectory and the push for constructive engagement.

Soon after, former Malawi President Lazarus Chakwera arrived in Tanzania as the Commonwealth Secretary-General’s Special Envoy. His mission focused on advancing national dialogue and supporting democratic reforms. Discussions with President Samia and other stakeholders centred on governance, human rights and electoral reforms in line with Commonwealth principles.

Together, the visits sent a strong message that Tanzania is choosing engagement over isolation. By opening space for dialogue with both domestic and international actors, the country is projecting a willingness to confront postelection concerns through diplomacy, institutional processes and reform.

The continued engagement with international partners reflects Tanzania’s growing commitment to openness, dialogue and responsible leadership within the global community. It signals a government willing to listen, engage and work constructively with both domestic and international stakeholders in safeguarding national unity and stability. In many ways, this constructive approach was demonstrated when the government established a Commission of Inquiry to examine the incidents surrounding the elections.

The decision underscored the leadership’s commitment to accountability, transparency and national reconciliation by creating an institutional platform to assess events carefully and recommend a path forward.

While the tensions and violence witnessed during and after the elections raised understandable concerns, the government’s response showed determination to preserve Tanzania’s long-standing reputation as a peaceful and stable nation. By opting for dialogue, investigation and institutional processes, the country reaffirmed its commitment to resolving challenges through lawful and democratic means.

The move has also earned recognition internationally. Addressing the 61st Session of the United Nations Human Rights Council in Geneva on March 1, 2026, the UN High Commissioner for Human Rights, Volker Türk, described the establishment of the commission as “a welcome development,” acknowledging Tanzania’s willingness to examine the events surrounding the October elections through an official and credible process.

From time to time, nations encounter complex questions that demand careful investigation beyond the ordinary mechanisms of government administration. Issues affecting national governance, public confidence, or social stability often require independent processes capable of establishing facts, collecting public views and recommending practical solutions. In Tanzania, one of the institutional mechanisms historically used to address such challenges is the Commission of Inquiry.

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Such commissions are not unique to Tanzania. Around the world, governments have established similar bodies to investigate sensitive national issues, clarify the circumstances surrounding major events and provide guidance for future policy decisions.

In Tanzania, their establishment is grounded in the country’s constitutional and legal framework and forms part of a long-standing tradition of addressing complex national questions through lawful and structured institutional processes. In order to ensure that the inquiry left no stone unturned, the government issued a comprehensive set of terms of reference to guide the Commission’s work.

The Commission was tasked with investigating the root causes of the violence that occurred during and after the General Election of 29 October 2025, including examining the motives of those involved in planning and carrying out the acts.

It was also mandated to assess the extent of the damage caused, ranging from loss of life and injuries to destruction of property and infrastructure, as well as the broader social and economic consequences of the violence. In addition, the Commission was required to examine the context in which the incidents occurred and review the measures taken to detect, prevent and respond to the acts of violence.

Importantly, the inquiry was expected to recommend improvements aimed at strengthening shared responsibility between the government and citizens in maintaining peace, the rule of law, human rights and good governance. It was also tasked with proposing frameworks for inclusive national dialogue and reconciliation in order to prevent similar events from recurring in the future.

The Commission was further empowered to investigate any other matters it considered relevant and aligned with its mandate. The Commission is today scheduled to release its report, with both Tanzanians and members of the international community increasingly anticipating the findings of the inquiry.

Given the breadth and significance of its terms of reference, many observers, including sceptics, expect that its findings and recommendations will provide an important opportunity to clarify the circumstances surrounding the incidents and chart a constructive path forward.

Ultimately, the hope is that the Commission’s work will contribute to national healing, strengthen public confidence in institutions and reinforce Tanzania’s long-standing commitment to peace, dialogue and responsible governance.

Why President established the Commission of Inquiry?

To answer this question, it is important to revisit legal foundations in Tanzanian law. The clarity about the legal foundations of commissions of inquiry is important, as it provides the framework through which both the process and the eventual report can be fairly assessed.

In Tanzania, the authority to establish a Commission of Inquiry is grounded in both the Constitution of the United Republic of Tanzania, 1977 and statutory law, particularly the Commissions of Inquiry Act, Cap 32 (Revised Edition 2022). Under Article 36(1) and 36(2) of the Constitution, the President of the United Republic of Tanzania is vested with executive authority and is empowered to exercise functions necessary for the execution of government responsibilities.

In practice, this constitutional authority provides the basis upon which the President may appoint commissions to investigate matters of public importance. The Commissions of Inquiry Act further operationalises this power by providing the legal framework for the establishment, mandate and functioning of such commissions. Once established, a Commission of Inquiry operates with defined legal powers.

It may summon witnesses, collect evidence, receive submissions from individuals and institutions and examine relevant documents necessary for the discharge of its mandate. However, a commission does not function as a court of law.

Rather, it serves as a fact-finding mechanism, tasked with gathering information, analysing circumstances surrounding particular events and producing recommendations that may guide future policy, administrative, or institutional decisions. In many instances, such commissions are chaired by respected public figures, including senior judges or experienced professionals.

The involvement of individuals with strong professional reputations helps strengthen public confidence in the commission’s independence, credibility and integrity.

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Against this legal background, a natural question may arise: where does the Commission for Human Rights and Good Governance (CHRAGG) fit into this picture? It is important to clarify that the establishment of a Commission of Inquiry does not in any way replace or diminish the role of CHRAGG.

The Commission for Human Rights and Good Governance is itself a constitutional body established under Article 129 of the Constitution of the United Republic of Tanzania, with its functions and powers further elaborated under Article 130 and the Commission for Human Rights and Good Governance Act.

Its mandate includes promoting and protecting human rights, investigating complaints related to violations of rights or abuse of power and promoting principles of good governance in public institutions.

In this context, the work of a Commission of Inquiry should be understood as complementary rather than substitutive. While the Commission of Inquiry was established to examine the specific circumstances surrounding the incidents of violence linked to the October 2025 elections, CHRAGG retains its independent constitutional responsibility to investigate human rights concerns and promote accountability within its mandate.

The constitutional framework governing CHRAGG also provides strong safeguards for its institutional independence. In exercising its mandate, the Commission operates as an autonomous constitutional body and is expected to discharge its functions without being subject to directives or instructions from any person, government department, political party, or public or private institution [Article 130(2)].

This principle of noninterference is central to ensuring that the Commission carries out its responsibilities impartially and in accordance with the Constitution. Within this framework, CHRAGG retains the authority to undertake investigations relating to human rights and administrative justice on its own initiative or upon receiving complaints.

The constitutional design therefore requires that CHRAGG performs its duties independently and on the basis of its own assessment of the matters falling within its jurisdiction.

In keeping with this arrangement, government authorities do not issue instructions to CHRAGG on how it should exercise its mandate, as doing so, would be inconsistent with the constitutional safeguards intended to preserve its autonomy. Taken together, the existence of these parallel institutional mechanisms reflects the maturity of Tanzania’s governance system in addressing national challenges through established internal processes.

By relying on lawful institutions such as commissions of inquiry and constitutional oversight bodies, the country demonstrates its capacity to examine difficult questions through structured and legitimate mechanisms grounded in its own constitutional framework.

Sovereignty and the responsibility of states

From the perspective of international law, the establishment of commissions of inquiry also reflects the sovereign authority of states to organise their internal governance mechanisms.

The principle of sovereign equality of states, recognised under the Charter of the United Nations, affirms that each country has the right to manage its political and legal affairs through institutions created under its own constitution and laws. In particular, Article 2(1) of the Charter recognises the sovereign equality of all Member States, while Article 2(7) emphasises the principle of non-intervention in matters that fall within the domestic jurisdiction of states.

Within this framework, commissions of inquiry represent one of the tools available to governments seeking to address complex national issues. They provide structured platforms through which states can investigate events, gather evidence and consult stakeholders while maintaining responsibility for managing domestic affairs through nationally established legal processes.

Modern international practice increasingly emphasises that sovereignty is accompanied by a duty of responsible governance. Contemporary human rights law recognises that states have an obligation to investigate serious incidents affecting the rights and welfare of individuals within their jurisdiction.

Instruments such as the International Covenant on Civil and Political Rights emphasise the responsibility of states to ensure the protection of fundamental rights and to provide effective remedies where violations occur. In many countries, commissions of inquiry have, therefore, become an established mechanism through which governments discharge these responsibilities.

By creating formal processes to examine facts, hear from affected parties and recommend corrective measures, such commissions help ensure that national institutions are able to respond to public concerns in an orderly and transparent manner, while remaining consistent with both constitutional principles and broader international legal standards.

As Justice Mohamed Chande Othman’s Commission unveil its findings today, the message is simple: national questions can always be addressed through institutions established under the country’s own constitutional framework.

Understanding these processes is essential for appreciating how Tanzania manages complex national moments. Ultimately, the significance of the commission lies not only in the findings it presents, but also in the precedent it reinforces, that even during moments of heightened political tension and public uncertainty, the strength of a nation is measured by its ability to rely on lawful institutions rather than disorder or confrontation.

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A credible inquiry process, as demonstrated by the way Justice Mohamed Chande Othman’s Commission conducted its work, can help restore public confidence, strengthen accountability and lay the foundation for reconciliation by showing that grievances and national concerns can be examined openly, fairly and responsibly within the framework of the law.

For Tanzania, this moment also offers an opportunity to reaffirm a broader national principle: that lasting stability and democratic progress are built through dialogue, institutional maturity and respect for constitutional processes. The release of the commission’s findings should therefore, not be viewed as an endpoint, but as part of a continuing national conversation on governance, justice and unity.

How the recommendations are received and implemented may ultimately shape not only public trust in state institutions, but also the country’s longterm resilience and cohesion in the years ahead.