LEGAL AND POLICY APPROACHES TOWARD REALIZATION OF THE RIGHT TO ACCESS LEGAL INFORMATION IN TANZANIA

Abstract

The beginning of 2000 witnessed rising of the Free Access to Law Movements (FALMs) which aimed at encouraging nations to publish and make available all primary legal information in their countries. The FALMs resulted in the promulgation and adoption of the Montreal Declaration on Free Access to Law (MDFAL) of 2002 and the formation of the Legal Information Institutes (LIIs), which began in Europe and then spread to America. There are various lines in Europe and America like the British and Irish Legal Information Institute (BAILII), the Australian Legal Information Institute (AustLII), and the Canadian Legal Information Institute (CanLII). Africa joined in the move in early 2003 by forming the Southern African Legal Information Institute (SAFLII). Tanzania although joined late, is not far from realizing the importance of free access to legal information and LIIs. This is signified by the fact that Tanzania has joined in the FALMs, beginning by subscribing to the MDFAL of 2002, joining the SAFLII in 2013, and of late, establishing her own LII which is the Tanzania Legal Information Institute (TANZLII) in March 2019. The basis of Tanzania to join the FALMs is from the fact that the country is a member of the international instruments which guarantee the right to information. Again, the right to access information is enshrined in the Constitution of the United Republic of Tanzania (CURT) of 1977. More importantly, there is specific legislation providing for enforceability of the right to access information, one of which is legal information. The objective of this article is to analyse legal and policy strategies that are taken by the government of Tanzania in ensuring that access to legal information as one of the human rights is realized in the country.