Natural Resource Curse in Ngorongoro

Natural Resource Curse in Loliondo

Ngorongoro District is the richest District in Tanzania in terms of natural resources, but surprisingly the district is leading in resource based conflicts and poverty.Ngorongoro Districts produces more than 50 billion per year yet its people do not enjoy part of the collected resources equally.For instance Nngorongoro Conservation Authority collects about 40 billion per year but the District Council do not receive any distribution for the development of its people. In Ngorongoro local communities are weakened in favour of investors. It is polarisation of wealth and poverty at two opposite extremes. It is all sheer robbery, criminal plunder of the weak by the strong. Condemnation of pastoralists and cultivators as simply trouble-mongers, who must be dealt with, has never ceased since 1992 when OBC acquired village land in Loliondo. Mashrooming of tourism related investment activities found to be key player to the resource based conflict in Ngorongoro. Citizens from the grass root are not involved in policy making. Natural resource curse, became new player due to the fact that indigenous don’t benefit from natural resources around them. The rights to exercise permanent sovereignty over natural resources have been put in jeopardy in Ngorongoro ever since. The parasitic stratum between Investors through Government officials revealed the way Natural resource curse play a role to endlessly resource based conflicts in Ngorongoro and Africa in general.Masaai in a have lived with the nature for many years now but today they named as destroyers of the environment. Who is killing Loliondo between pastoralist and investors like OBC? The answer is simple its investment activities on the land that kill the nature of Loliondo but not pastoralists. Animals and livestock have been in many years in coexistence then how come today agents of investors stand and mislead the public about the current situation in Loliondo.

Resource-based conflicts should constitute one of the major development challenges in Ngorongoro. Indeed, this is consistent with the reality all over the dry lands of Africa where conflict has become endemic. In a global review of pastoralism and conflict, have shown how areas occupied by pastoralists are characterised by conflicts emanating from competition for natural resources. Competition for access to range resources leads to conflict among pastoralists and between them and other livelihoods and land use systems that seek the use of the same resources. The ongoing displacement of pastoralist in Ngorongoro District is just continuation of the movement started during colonial time in 1958. The on going progress of demarcating village lands in Loliondo aims at cutting about 1,500 Sq.Km from 4,5000 Sq land size of Lollindo Game Controled Area and remove all remove all pastoralist villages to form a Baffer Zone.When the process of despalcing pastoralists becomes true then almost 75 % of Ngorongoro territory will be realocated exclusively for wildlife tourism management leaving out the pastoralists without necessary resources like land, pasture and water for their livehoods.This was even emphasized by the Minister for Natural resources Hon Ezekiel Maige who visited loliondo on 21st/12/2010 in a bid to respond to various allegations raised by Habari cooperation that Loliondo Game controlled area is dying.

“ I now leave loliondo, but you should all know that my visit to loliondo was not for village land demarcation but I came to verify the rumors disseminated by a media through the entire country that Maasai in Loliondo under the assistance of NGOs and religious institutions have resorted to destroy the loliondo game controlled area… surprisingly what I saw is not the same as what the papers have told the public…but you should all know that village derrmacation program is still on the way to come..but this can be the last resort after attempting other measures” Said the minister.

The demarcation of the village land was not the main issue during his visi but many Loliondo councilors and villagers admit that the minister ensured them that the loliondo village land will be exclusively reallocated for wildlife tourism management leaving out pastoralists without their prime land and other resources.Yanick Doinyo who is Ololosokwan ward councilor had this to say when talked to me over the phone.

“The minister managed to walk all over the entire forest with us and we observed that there is no any serious environmental degradation as it was reported by a certain media outlet. There were no farming activities, no big heards of cattle, no permanent building and no excessive burning.but the minister admitted that there is serious conflict in the area which needs a resolution involving all stakeholders…the minister was very wise and obedient to local leaders defferent with the former minister…angekuwa ni Yule mama nadhani ingekuwa ni vurugu..we real hope the problem can be resolved amicably without harming the community” Said Hon Doinyo.

Onother reliable source revealed that the minister condemned the OBC boss for siding only with DCs and RC’s and forget to reconcile with local communities.
“Nilazima OBC mtambue vijiji nao wanahaki zao, hii ni ardhi yao hamna hifadhi eneoe hili zaidi ya kuwa eneo la uwindaji..msipotaka usuluushi na wananchi mtakuwa kaitka hali mbaya zaidi” said the minister
The case of Loliondo unlawful eviction was a hot agenda in 2009 parliamentary debates, as well as at national and international forums. This happened after malicious and ruthless operations carried out in Loliondo by Police forces in collaborations with OBC. The matter was later taken to the parliament for deliberation. I have found out that, the report of the Parliamentary committee sent to probe the matter in Loliondo was not presented in the parliament because of political interests. The Government justified its brutal actions by saying the victims of Loliondo evictions were Kenyans causing nuisance to an investor from Arab. When addressing the assembly, one of the members of parliament had fiercely condemned the government for embracing and giving red carpet treatment to investors at the expense of its people.

“Mbona Mwalimu Nyerere alikuwa anawakatalia hata Wazungu mambo mengi tu! Alikuwa anawakatalia! Lakini siku hizi sisi tunawakumbatia sana wawekezaji, tunaacha kuwasikiliza wananchi.” The MP uttered.(Why ,Mwalimu Nyerere could refuse to accept many of the things which were asked by foreigners! , he used to reject many things from foreigners, but to day we embrace investors so much at the expense of citizens.)Uttered the MP

The eviction of Maasai pastoralists from the reserve [Mkomazi] in 1988 was done to create a conducive environment for wildlife species. Eviction of people from their land, under any cover, is a “gross violation of human rights.”In reference to the Ramsar Site Convention of 1971 the Lake Natron area was declared to be Ramsar site without peoples concern and hence became a threat to presence of pastoralist living around the lake on their jurisdiction and sovereignty over natural resources. Pastoral communities have for many years been moving to the south, Tanzania tremendously faces another kind of the Maasai migration to urban centers beginning during early 1990s in search of wage labour and other income earning activities. The reasons for such movements include loss of livestock due to diseases, drought, and limited land for livestock keeping, worshiped investors like OBC, extended conservations , expansion of protected areas etc. The land leased to OBC and the other sold to Thomson Safari in Loliondo are seasonal migrated corridors. The same situation was found taking place in Sudan whereby most of the pastoralist seasonal migrated corridors were granted to investors from U.A.E, Saudi Arabia and Egypt.

The Ngorongoro Conservation Authority (NCA) occupies more than a half of the District land (59%). All people within the conservation area have no right of ownership and even villages are not recognized. Mount Lengai and Lake Natron Game controlled have been hunted by NCA and hash Project companies. The erosion of pastoralist land to the hand of outsiders did not cease, currently Thomson Safaris Company possess 12000 acres of pastoralists grazing land.The situation in Ngorongoro District is defined by competition for access to land and natural resources underpinned by competing land uses and livelihoods. From the 1990s onwards, land disputes between settled agricultural and mobile pastoral people have become more common in Tanzania. These land disputes have been due to land alienation and multiple allocations of land/resource rights on village lands.

Conflicts on village lands have developed when State authorities have favored land allocations to investors at the expense of pastoralists. Liberalization has prompted high marginalization. Thus causing conflicts over natural resources. This was possible because when they move elsewhere in order to secure for forming and grazing are, they cause conflict with people they meet, we have at hand live examples at Rufiji, Ihefu, Kilosa and lindi. Ruthless evictions have been carried out in forms of promoting investment and attracting foreign investment and attracting foreign investor land has been alienated to hoteliers for purpose of tourism in and around National parks We currently have great conflicts with hoteliers at Ngorongoro who wants to build hotels almost every where at conservation area while the laws prohibits indigenous to build modern buildings. Also exclusive hunting right granted to outsider like (OBC) in Loliondo all these is evident from discussions with villagers and other stakeholders in the District, that a major cause of conflict between conservation related investors and local communities in the district is the information gap that surrounds the grant of licenses to the investors, the terms under which the licenses are granted, and the benefits that communities are supposed to get from the operations. This is now what we call a natural resource curse in Ngorongoro.
A key cause of this situation is the lack of clarity about the legal status of the land and the relative powers and responsibilities of the central government and the village authorities regarding the management of access to the land for purposes of conservation related investments. A key example is OBC in 1992 was granted the land without people’s consultation and District council signed on behalf of villages. The above act of District councils amounts to violation of constitutional rights. The situation is further complicated by the multiplicity of policy, legal and institutional mandates surrounding the Loliondo Game Controlled Area.Loss of Land though Government acquisition and creation of conservation areas and game reserves have deprived people’s Land. Such measurers have created Land less mobile pastoralists and farmers. Lack of community participation in land use planning and zoning for different use is the main source of conflicts in Ngorongoro.The central focus of the community complaints is that they are not considered (hatushirikishwi).Many land laws reforms have been made since colonial time through independence up to now, without any positive concern to improve pastoral land tenure. Tanzania 1990’s land laws reforms and 2009 Wild Life Act have been noted to have negative implication on pastoral land tenure. Pastoralism needs a vast chunk of land to practice rotational grazing. The new land law is silent on the question of pastoral land rights. The pastoral livelihood and lifestyle have been forced to change to meet the requirement of the new land laws. Copping mechanism like migrations to cities and economic diversification have been the best options for pastoralist to secure their lives. Pastoralist land has been named as No man’s land and categorized into group of general land. Encroachment of the pastoral lands to allow huge investment and expansions of the protected areas has been and order of the day and leave pastoralist as internally displaced people. The National Land Policy condemns pastoralist as unfriendly to environment. The given process of certification of the village land by the new land laws to secure their village lands is cumbersome, prohibitive and bureaucratic.
By Onesmo Olengurumwa Vice President Ngorongoro Elites Association (NDUSA)
Ndusa2008@gmail.com

MALI ASILI YAGEUKA LAANA LOLIONDO

MALIASILI YA YAGEUKA LAANA LOLIONDO
Na Onesmo Olengurumwa.
Loliondo
Kwa ufafanuzi wa haraka haraka mali asili inaweza kutafsiriwa kama rasilimali ambazo Mungu amewajalia wanadamu kulingana na maeneo na mazingira yao. Unapozungumzia mali asili unazungumzia vitu kama mafuta ambayo upatikana zaidi katika nchi za kiarabu, uoto wa asili kama vile mapori na mbuga,wanyama pori ambao upatikana zaidi maeneo yenye wafugaji kama Tanzania na madini ambayo Tanzania imebarikwa kwa kuwa na madini mbalimbali kama dhahabu na Tanzanite.

Tafiti zangu nying zinaonyesha katika sayari yetu hii mali asili badala ya kuwa Baraka kwa jamii zilizotunza na zinazoishi na rasilimali hizo imegeuka kuwa laana kwao.Hii inakuwa laana kutokan na utaratibu mbovu wa usimamizi wa rasilimali hizi, pia inatokan na haki za msingi za wananchi hao kupuuzwa na kuvunjwa na serikali kuwakumbatia wachache kw maslahi ya wachache.Hatimaye mazingira kama haya huwafanya wanachi wazidi kufukarika zaidi huku wachache wakineemeka na rasilimali za nchi.Mwishowe tumeona umwagaji wa damu na machafuko mengi baada ya wananchi kuamua kupigania haki zao za msingi.

Dunia Kuna maeneo mengi ambayo mali asili kama mafuta, madini , misitu na ardhi yamegeuka kuwa laana badala ya Baraka kwa wananchi kwa sababu mbamlimbali.Sababu moja kubwa ni wananch waliotunnza na wanaozunguka rasilimali hizo kuupuzwa na pengine kutengwa kabisa na neema hizo.Eneo la Mto Delta huko nchini Nigeria ni mfano mzuri kuutumia kama sehemu ambayo mali asili imegeuka kuwa laana badala ya Baraka.Damu nyingi umwagika kwa kile kinachoitwa kupigania haki ya kumiliki mali na kunufaika na mali zao zitokanazo na mto Delta.Nchini Sudan hali si shwari pale Darfur au kusini mwa Sudan, pia hapa napo ni laana itokanyo na mali asili.Kujiridhisha zaidi tembelea Jamhuri ya watu wa Kongo uone jinsi mali asili ilivyogeuka kuwa laana na maafa kwa taifa lile lenye utajiri wa madini ya kila aina.Kwa udadisi zaidi angalia mashariki ya kati na jaribu kuchnguza kwa undani nini hasa chanzo cha migorogoro isiyokwisha.

Hapa hapa kwetu katika migodi ya madini, jaribu kupiga picha za haraka haraka katika migodi kama ya North Mara alafu jipe jibu tuna Baraka au laana.Wananchi wa Tarime wametunza milima ya dhahabu kwa miaka mingi lakini kwa sasa wamevamiwa na kufanywa kuwa maskini wa kutupwa, wamegeuka kuwa kama fisi waliobahatika kumkamata pundamlia mnono na baadaye simba kutokea na kuwanyaganya windo lao na kuwageuza kuwa walamizoga.Hali iliyopo kwenye migodi na maeneo yetu ya mali asili haina tofauti na mfano huo wa simba na fisi.Wananchi wamenyang’anywa rasimali zao na kutupwa pembeni wakikodolea macho na mate yakitiririka midomoni mwao mithili ya fisi anayesuburi mzoga toka kwa simba.
Wananchi wanyonge wamefanyiwa kila aina ya udhalimu, wamefyatuliwa risasi kama wanyama pori wengine wakafa na wengine kuwa vilema.Migodi ya Tanzania watanzania wengi wanauwa kinyamela. Zadi zaidi nyumba zoa zimechomwa moto na kuwafanya wageuke kuwa watu wasion na makazi kwa kile kinachoitwa wanambughuzi mwekezaji, mifano tuliyonayo ni ya Kijiji cha Nyamuma Serengeti na vijij vya Loliondo.
Miaka ya 1950 wananchi wa Ngongoro waliokuwa wakiishi maeneo ya Serengeti ambao kwa sasa ni Hifadhi ya Taifa walirubuniwa na wakoloni na kuhamishiwa maeneo ya bonde la crater na maeneo ya loliondo.Kwa Mujibu wa wazee wa enzi hizo wananchi wa ngorongoro waliahidiwa hawatabuguziwa tena kutokana na kwamba maeneo yao yameshakuwa finyu zaidi.Waliadiwa watapata maendeleo mengi kwa kupitia mchango utokanao na maliasili. Lakini hali ilivyo sasa ni tofauti kabisa, wanachi wanaendelea kufukuzwa kwenye maeneo yao bila kufahamu watakapokwenda, wananchi wananyimwa kuchunga mifugo kweneye maeneo yao ya malisho ili kutoa fursa kwa miungu watu kuendelea kunufaika na rasilimali walizopewa watanzania na Muumba wao.Wananchi hawana maisha bora kabisa, bado asililmia 90 hawana elimu na hawana uhakika wa maisha baada ya mifogo yao kuawawa na ukame.
Wafugaji wanapakaziwa kuwa ndio waharibifu wa mazingira, ilhali ndio watunzaji wazuri wa misitu, mbuga, mito, milima na wanyama katika hifadhi na mbuga zetu.Wamasai wanaheshimu sana mazingira kwa sababu asilimia 90 ya maisha yao hutegemea rasilimali hizo.Sasa iweje leo aharibu rasilimali zinazomfanya aishi.Wamasai hawaitaji kula wanyamapori, hawajengi magorofa, hawachomi mkaa pia hawalimi mashamba makubwa zaidi ya vibustani.Mfano tamaduni hazirusu kukata mti mbichi kwani kufanya hivyo ni kuuwa maisha na malisho ya mifugo.Kwa hali kama hiyo nani mwenye akili timamu atathubutu kuwaita wafugaji wa loliondo waharibifu wa mazingira zaidi ya vibaraka wa mafisadi wanaofaidika na rasilimali za Ngorongoro.

Ni mwendazawazimu gani huyo mwenye njaa kali hadi kuamua kununuliwa ili aeleze umma kuwa kengele za mifugo ndio hufukuza wanyama?Je kati ya kengele za ngo’mbe na madege makubwa yenye uwezo wa kubeba magari zaidi ya kumi na yanayotoa mlio mkuwa unaosafiri umbali wa kilometa 100 yanayotua katikati ya pori tengefu la loliondo ni ipi huleta hofu kwa wanyama na viumbe wengine wakiwemo wanadamu? Bila shaka hata mwanafunzi wa shule ya awali atajibu mingurumo ya midege hiyo mikubwa ndio hufukuza wanyama lakini vibaraka wa wachache wanaonufaika na rasilimali za Ngorongoro watasema ni kengele za ngo’mbe ndio huaa Loliondo.Kwanza sheria za nchi haziruhusu madege makubwa kutua karibu na wnayama lakin suala la loliondo limekuwa juu ya sheria.Watu kama hawa ni walarushwa, wabinafsi, wababaishaji, wauaji,wasio na hata chembe ya huruma na vipandikizi vilivyowekwa kwa ajili ya mapepari wachache.Watu kama hawa hawafai kwenye jamii wanapaswa kusulibishwa kwa lengo la kuinusuru jamii.
Haitoshi vibaraka hao wakaendelea kuzungumzia wasichokijua kwa kusema makundi ya mifugo loliondo hufukuza wanyama.Ngoma isiyo kuhusu husiicheze, je mnajua kuwa wanyama na mifugo ni marafiki(They coexist) , je mnajua wanyama kama pundamilia na wengine wanaowindwa na wanyama wakali hupenda kwenda sambamba na makundi ya mifugo kama njia ya kuimarisha ulinzi wao.Je anajua kuwa mida ya ijioni wanyama wote kama tembo, twiga na punda hupenda kuja kulala karibu na maboma ya wamasai kwa usalama zaidi.Je anajua kuwa wanyama kama nyumbu huwa hawazaalii kwenye mapori bali mbugani kwa ajili ya usalama dhidi ya wanyama wakali.Sasa inakuaje leo mseme wafugaji katika pori tengefu la loliondo huaribu mazalia ya nyumbu.Hakika hakuna lolote mnalowaeleza umma zaidi ya umbumbumbu wa mila na desturi za wafugaji, rudini kwa waliowatuma waambieni kwa sasa hakuna aliyewaelewa, pengine tafuteni hoja nyingine.Inakuwaje leo hii tu ndio wafugaji wawe waharibifu na si huko nyuma.
Asilimia zaidi ya 80 ya ardhi ya Ngorongoro ni ama mbuga.hifadhi au mapito na malisho ya wanyama.Na kwa miaka ming sasa wanyama na mifugo wamekuwa wakila, kunywa na kulala pamoja.Hakuna majangili masaini maana wamasai hawana desturi ya ujangili na wala si wafanya biashara, sasa inakuwaje mseme kuwa wamekuwa majangili wa kuua tembo, je faru wanaoua huko hifadhi ya Serengeti ni wamasai ndio wanausika.Na kama ni majangili leo kingekuwa na mnyama hata mmoja katika maeneo ya wafugaji? Na je wanyama wangethubutu kwenda kula na mifugo au kulala karibu na maboma.
Wafugaji wa Ngorongoro wametunza haina zote za wanyama hata wale hadimu kama faru, lakini baada ya shughuli za utaalii na uwindaji kushika hatamu wanyama wanazidi kupungua na wengine wametoweka kabisa kama faru na mbwa mwitu.Je hii sio laana ya mali asili itokanoyo na dhuluma dhidi ya wenye mali hizi.Hivi kati ya mwekezaji katika pori la loliondo na mfugaji nani kamvamia mwenzake au nani anaiua Loliondo? Eneo la pori tengefu la loliondo lipo ndani ya ardhi ya vijiji, je nani ana ubavu wa kumnyima mwanakijiji asitumie ardhi yake. Je uwindaji na uchungaji kipi hufukuza na kumaliza wanyama, jibu lake watanzania wazalendo watanisaidia kuwajibu.
Mmeona haitoshi tu kupora rasilimali za wanangorongoro sasa mmeona mwaite si watanzania bali wakenya.Roria kuna wajaluo ambao pia wapo Kenya,Tarime kuna wakuria ambao pia wapo Kenya, kigoma na maeneo mengine ya mipakani ni hivyo hivyo pia, sasa inakuwaje wamasai wa loliondo muwaite wakenya? Au kuna mipango ya kuwanyaganya ardhi yao yote na hatimaya kuwafukuzia Kenya.
Wanangorongoro wamebakia kuwa maskini wakutupwa, huku wilaya ya Ngorongoro ikiikusanya zaidi ya billion 50 kila mwaka kutokana na mali asili zilizosheheni wilayani hapa.Je hali kama hi si laana ya mali asili?Wafugaji hawa hawana tofauti na Fisi alienyang’anywa windo lake na Simba, na kila akijaribu walau kumega hata mguu simba hucharuka na kuwararuaraua.Mbaya zaidi mifugo karibu robo tatu ya wanangorongoro mwaka jana ilikufa na maboma kugeuka makaburi kutokana na ukame baada ya kufukuzwa katika maeneo ya kuchungia kipindi cha ukame kwa lengo la kumfurahisha mwekezaji.
Rasilimali za Ngorongoro zinawanufaisha wachache tu, wananchi hawapati fursa yoyote itokanyo uwepo wa rasilimali hizo.Watu wachache wamehodhi hata fursa za ajira katika shughuli za kitalii. Mfano Katika kambi ya mwarabu mabasi na malori siku huchukua watu toka miji ya mbali kabisa kwenda kufanya kazi katika makambi ya wawekezaji na kuwaachaa wanangorongoro bila fursa yoyote.Hii ni tofauti na henzi zile tulipokuwa tunasombwa na malori ya mwarabu kwenda kufanya kazi huko makambani, utaratibu ulitoa ajira kwa vijana wengi wa wilaya hii.Kwa sasa Wanaofanya kazi maeneo hayo ni jamaa, rafiki, wajomba na ndugu wengine wa mabosi na mabenager amboa pia nao wametoka mbali..Wananchi hawapati fursa yoyote hata katika taasisi za serikali kama vile Mamlaka ya Hifadhi ya Ngorongoro, ajira na fursa zingine zimekuwa zikitolewa bila kutoa vipaumbele kwa wanangorongoro wenye taaluma hizo.
Ni wachache wamepeta fursa hizo na hao pia ni kutoka sehemu ndogo ya wilaya na si wilaya nzima kwani ni vigumu kumkuta mkaazi wa tarafa za Loliondo na Sale wakifanya kazi katika mamlaka ya Ngongoro.Eneo linguine la kutazamwa zaidi ni Mamlaka hii ya Ngorongoro ambayo imekuwa ikipata fedha nyingi zaid ya biliion 40 kwa mwaka lakini halmshauri ya Nogorongoro haiambulii chochote.Je hii Baraka au laana.Matumizi ya uendeshaji wa Mamlaka ni makubwa mno.Wananchi wanalalamika kuona magari ya kifahari yakitumika kwa wingi ndani ya mamlaka.Mbaya zaidi hata lilie fungu lillokuwa likisomesha sehemu ndogo ya wafugaji wa ngorongoro bila pia kuwagusa wananchi wa tarafa za Loliondo na Sale nazo wamezifuta.Kwa sasa Halmashauri ya wilaya ya Ngorongoro haina tena mapato yatokanoyo na mali asili baada ya serikali kuu kupokonya vyanzo vyote wakidai watatuma 20%.Je kweli ni haki hii kwa halmashauri iliyopo ndani ya wilaya tajiri inayo ingiza zaidi ya 50 billion kuwa na mapato yatokanayo na mali asili yasiyofika hata million 20.
Je hii ni Baraka au laana, mmewafukuza toka Serengeti, mmewafukuza katika pori la loliondo, mnaendelea taratibu kuwafukuza toka bonde la crater na maeneo ya Tarafa ya Ngorobgoro,mnampango wa kumega ardhi yao ya vijiji kumtengea mwekezaji ardhi, huko soit sambu mmeuza shamba waliloazimwa TBL kwa makampuni ya utalii na pia mnajiandaa kuuteka mlima lengai na ziwa lake.Je wananchi hawa watiifu na wanyonge waende wapi na wale nini? Kwa hali kama hii ni rahisi kupata jibu kwa nini wanawaita wakenya.
Hakika wanachi wa Ngorongoro ni wavumilivu sana na wanahitaji pongezi.Hawana uhakika wa maisha kwani hawana tena maeneo ya malisho, ukame pia unaendelea kutafuna mifugo yao, hawajasoma na hawawezi kufanya biashara, wanaambiwa wajaribu kulima, lakini watalima wapi kila wakilima vibustani wanaambiwa wanaharibu mazingira.Ama kweli hiki ni kiama cha wafugaji, na ndo maana wengi wao wameamia mijijini kukaa milangoni mwa matajiri na kuwalinda wao na mali zao.Maisha yao nayo mijini ni ya kusikitiksha sana hawana pa kulala zaidi ya barazani na magetini.Je ni nani atajitokeza na kuwaokoa wanyonge hawa kabla hawajafia na kutokomea mikononi mwa wachache wenye roho za chuma na macho ya kikatili yenye kuangalia ni wapi pana shilingi bila kujali roho za wanyonge kama wamasai.Wanataka kuzifuta NGO’s zinazojitokeza kuwaelimisha wananchi kujua haki zao, lengo lao ni kundelea kuona wananchi wanabaki kuwa vipofu wa haki zao ili waendelee kuwanyanyasa zaidi.Lakini tunawakikishieni kuwa hakuna shirika lolote lile litakalo futwa au kupata msuko suko wowote ilmradi wanatambulika kisheria.
Naandika haya nikiwa kama sehemu ya jamii hii inayoelekea kutokomea, wanaopata matatizo ni jamaa na ndugu zetu, Mwalimu Nyerere alitufundisha tuitane ndugu, nami naamini watanzania wote ni ndugu zangu na lazima tujitoe muanga kuwasaidia ndugu zetu.Nayosema sijahadithiwa na wala sijapewa ili nilipwe la hasha, ni ya kweli na mengine nimeashuudia.Baadhi ya wawekazi nilishafanya kazi nao kama kibarua katika pori tengefu la lolionndo.Hivyo tunawajua fika na baadha ya watawala wanaoshrikianao nao kila kukicha pia tumewaona mara kwa mara wakija chikua mafao yao katika viikulu vya kifalme vilivyoko ndani ya pori la Loliondo.Tunahitaji wazalendo wote tusimame na kuikoa jaamii hii nyonge inayoelekea kutoweka katika ardhi waliopewa na mola.
Asante kwa kusoma
Imeandaliwa na Onesmo Olengurumwa Makamu Raisi Umoja wa Wasomi Ngorongoro (NDUSA). Email ndusa2008@gmail.com

Situation of Human Rights Defenders in Tanzania

Prepared by; Onesmo Olengurumwa
Research Officer Legal and Human Rights Centre
10th December, 2010 Presented at Karimjee Hall
Organized by CHRAGG
1.0 who is human rights defender

Human rights defender” is a term used to describe people who, individually or with others, act to promote or protect human rights,

Human rights defenders are identified above all by what they do and it is through a description of their actions,

Human rights defenders are individuals and groups, such as non-governmental Organisation (NGO), Workers, lawyers, journalists, University students leaders, and private individuals, political activists who criticise government policies, Trade Union, workers Associations and judicial activists who stands boldly to defend the rights of people and raise awareness of human rights.

2.0 What Do they Do?

Monitor and report Human Rights violations such as witchcraft killings, extra judicial killings, arbitral use of power etc.)
Stand for the rights and freedom of minority and indigenous groups
Expose corruption
Fight against harmful traditional practices ( eg FGM, Children abuse, women discrimination etc)
Rise Public awareness on human rights issues
Document all sorts of human rights violations
Helping to draft appropriate legislation, and in helping to draw up national plans and strategies on human rights.

2.1HRD,s Most at Risk
Investigative journalist
HRD’s from indigenous /minority groups
Human Rights NGO’s
University Students leaders
Political activists
Human Rights lawyers
HRD’s in Rural areas
3.0 Challenges of HR Defenders

Defenders themselves have increasingly become targets of attacks and their rights are violated in many ways as follows:
Threats from the government officials, harassment, detention, ill-treatment, illegal arrest, torture, fabricated cases, selected judicial proceedings,
Lack of legal protection at national level
Access to information,
lack of national unity and solidarity among HRD’s
Restrictions on their freedoms of movement, expression, association and assembly
Lack of organizational/institutional security plans,
Financial problems
Corruptions
Perception that Tz is peaceful country and Tanzania’s human rights record is the best,
Lack of clear collaboration between media and HR organizations
Low level of Human Rights awareness
Intimidation to active diplomatic missions

HIV/AIDS Pandemic in Tanzania: Situational Analysis in Human Rights and Legal Perspectives.

HIV/AIDS Pandemic in Tanzania: Situational Analysis in Human Rights and Legal Perspectives.
A Paper Presented During the World Aids Day at Ubungo Plaza Hotel, 29th, November, 2010

Theme of the Day: Universal Access and Human Rights

“Lights of Rights”



BY ONESMO OLENGURUMWA












“It is imperative to remember that for the growing number of people worldwide who lack access to adequate health care, as well as to the basic needs for health and well being, those advances lack meaning; HIV remains a death sentence.” Professor Priscilla Wald


1.0 Introduction
Fundamental social rights, including the right to education, health services, clean water and other essential elements, are paramount to fully enjoy other human rights, including the right to life and the right to development. Like other rights, social rights are also guaranteed by the International Covenant on Economic, Social and Cultural Rights of 1966, which was ratified by Tanzania in 1976. This paper reports the level of implementation of health right HIV/AIDS in particular, focusing on legal protection and challenges, with the view of making positive suggestions for change.

HIV/AIDS takes the lives of millions of people every year, making it one of the most destructive pandemics in history. Since the emergence of AIDS as a major health emergency, the epidemic has had a serious and, in many places, devastating effect on human rights and development. In Tanzania, HIV/AIDS has caused an increase in orphaned children, the breaking of families and marriages, a rise in poverty and the disappearance of much of the labour force. HIV/AIDS has a devastating effect, especially in developing countries.

There are many human rights issues related to HIV/AIDS, including legal protection, gender-based violence, marital rape, the right to life, the right to health, the right to work, rights of minority and vulnerable groups. My paper will concentrate on some of the key human rights issues mentioned above and legal protection at National level. This paper will specifically address human rights and legal issues visa vies situational analysis from the ground. The promotion and legal protection of human rights is an essential part of curbing the transmission of HIV and reducing the impact of AIDS on people’s lives.

The review made by the African Peer Review Mechanism (APRM) technical assessment team argues that social services began to decline after economic crises in the 1980s. To revamp the status of social services in the country, various development strategies were put in place after 2000. These included the Development Vision 2025 policy, Poverty Reduction Strategy (PRS) and later MKUKUTA . These strategies are critical for the more effective provision of social servirces, especially health, education, water and HIV/AIDS control and treatment.

2.0 HIV/AIDS Legal Regime and Challenges
HIV/AIDS as global pandemic has attracted attention of international and national concern. Since the eruption of this deadly disease there are issues of human rights that have been associated with HIV/AIDS infection such as stigmatization, discrimination in employment, in decision making and right to health and social and legal guarantees. In response of these human rights issues under international arena there are number of international legal instrument which respond to the general protection on HIV/AIDS victims.

It includes the following, The Declaration of Commitment on HIV/AIDS (Global Crisis – Global Action); The United Nations Millennium Development Goals (MDGs),The General Comment 14 of the Committee on Economic, Social and Cultural Rights, The Commission on Human Rights Resolutions on the Right to the Highest attainable Standard of Health and An ILO Code of Practiceon HIV/AIDS and the world of work of 2001.

The International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated Version – UNAIDS and OHCHR confirm the relationship between HIV/AIDS and human rights. It states that, the relationship between the two is profound because the vulnerability due to HIV infection and its impact feeds on violations of human rights, including discrimination against women and violations which create and sustain poverty. In turn, HIV begets human rights violations, such as further discrimination, and violence. The LHRC most recent surveys and other studies and other studies including he Tanzania Women Lawyers Association (TAWLA), 2003 report recognized that Tanzania is characterized by a pluralistic legal system which result into a set of laws like , Islamic Law, Hindu Law, and customary which still pose challenges to effort taken to address HIV-AIDS pandemic in Tanzania.

2.1 Constitution of the United Republic of Tanzania of 1977
The right to health is crucial because it is part and parcel of the right to life, the Constitution of the United Republic of Tanzania of 1977 does not recognize it as one of the fundamental and positive right. However, states have obligation under international human rights instruments to recognize and protect it and ensure availability of physical and mental health to their people, adequate health and medical care for all.

Article 12 of the Bill of Rights enshrined in the Constitution recognizes the principle of equality of all human beings and equality before the law as stipulated in hereinbelow;

12.- (1) All human beings are born free, and are all equal. (2) Every person is entitled to recognition and respect for his dignity

Artice 14 quarantes the right to life; Every person has the right to live and to the protection of his life by the society in accordance with law. By recognizing antidiscrimination principles human rights of people living with Article 16.(1) quarantees the right to privacy; Every person is entitled to respect and protection of his person, the privacy of his own person, his family and of his matrimonial life, and respect and protection of his residence and private communications.

Artlcle 22.(1) and (ii) ensures that every citizens has the right to work regarles his or her status; every citizen is entitled to equal opportunity and right on equal terms to hold any office or discharge any function under the state authority.
Article 24 (1) expressly stipulate that subject to the provisions of the relevant laws of
the land, every person is entitled to own property, and has a right to the protection of his property held in accordance with law.

HIV/AIDS are well protected under the Constitution of the united republic of Tanzania. The issue to be considered in this context is enforcement of these human rights to adequately address stigmatization and discrimination of people living with HIV and AIDS (PLHA) by communities and in various sectors.All above mention Costitutinal provision when construed widely and in human rights perspective they all provide legal protection to People living with HIV. Exprience from the practice shows that there are some laws and traditional pracitices which pose ostacles to some effort taken to combact HIV in Tanzania. Others cannot access the health facilities due culture and some laws or provision of the laws found in operation. Some of vulnerable groups are women, children , trug trafficors , prisoners and minority groups like mobile communities and homesexuals.

Customary law means any rule or body of rules whereby rights and duties are acquired or imposed, established in Tanzania and accepted by such community in general as having the force of law.As the results some of the practces backed by customary law became a great challenge in the battle against HIV.For instance, Women in southern regions and lakes zones regions have no say in economic issues and issues of in heritance. When a husband dies and leaves a widow, all properties left by the deceased husband will not be on the widow’s possession. Mtenda Katubu Secretary, at the Mtwara Paralegal Centre, told LHRC researcher that the problems of inheritance to widows are rampant in the region as every day they receive complaints from widows.

Customary practices and attitudes continue to put women at a higher risk of HIV/AIDS infection. Speaking on the same problem of family instability Mr Mtembwa, Nola Southern Regions Coordinator said that family conflict is a serious problem in the regions, and families do not last long due to traditional behaviours in southern regions.


‘Men tend to marry many women in series; today he marries Mwajuma and then after five years deserts Mwajuma and marries Aisha and so on...” Said Mtebwa

Speaking on the matter with the same tone Nachingwea DC Elias Goroi
attributed the problem of family instability with culture as most of the tribes here are matrilineal.Goroi proclaimed that men tend to marry during farming season and divorce during harvest.

“‘Huku watu wanaoa wakati wa kilimo na wakati wakuvuna wanaachana. na
wanawake nao wanajivunia kuwa na vyuo 9 vingi” Said DC Goroi

Relatevely, Islamic Law and other religious beliefs also mark as another threat to efferts taken ensure accessibility to HIV and AIDS healthy services and other soco-economic rights as stated in the Bill of Rights.For instance Islamic law empowers the courts to apply the rules of Islamic law to Africans who follo Islamic Law in maters of marriage, divorce, guardianship, inheritance, succession, and wakf. Religiuous instutions also prohibit the use of some of HIV/AIDS servises like the use of condom.

Human rights activists in Tanzania have been emphasizing the importance of ensuring then constitutionalization and justifiability of social rights as part of achieving real development. The only way to ensure that such rights are not eroded by ordinary legislation or the administration of justice is to enshrine these rights in the Constitution.The effective legal protection in respect of social security and other benefits for workers (and non-workers) living with HIV, including specific life insurance, pension, health insurance, termination and death benefits. It is a call of LHRC that these rights to form part of constitution hence enforceable through Basic and Duties Enforment Act of 1994.Having these rights into enforceable part of the Constitution will make the government responsible for the social welfare of its people.

2.2 The Basic Rights and Duties Enforcement Act No. 33 (1994)
This is an act to provide for the procedure for enforcement of constitutional basic rights and duties and for related matters. Thus, if any person alleges that any of the provisions of section 12 to 29 of the Constitution has been, is being, or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the High Court for redress.

2.3 Anti-Trafficking in Persons Act, 2008
The Anti-Trafficking in Persons Act, 2008 prohibits all forms of trafficking including, but not limited to, transporting or receiving any person for the purposes of slavery, sexual exploitation, forced labor, pornography, and debt bondage. A person committing any crime outlined within this act is liable to be fined, imprisoned, or both. The maximum fine is 150 million shillings, and the maximum prison sentence is 20 years.

For example, in Biharamulo, there is a large number of children who work in the Busili gold mine. This was revealed during an opinion survey that was conducted by the LHRC in 2010. These children are at risk and are exposed to dangers such as HIV/AIDS and an unsafe working environment. There are also no schools in Busili to provide for their education. In this form of trafficking, there are existing agents who take children from rural areas and sell them to people in the cities. This form of business even occurs at the family level. It has been common in our working places to request that whoever goes to rural areas come back with a house girl or house boy.

Also, there is an informal trade that is being done by bar and pub owners to exploit and force women into prostitution. Waitresses are given jobs but on the condition that no salary will be given. Thus, the female waitresses have to find other means to get a salary. This practice is common in some street bars in Kinondoni and Temeke municipalities. It is also a habit for bar owners to use women as an attraction to customers. This is exploitation that is prohibited under the convention, because it is a form of trafficking in persons.The LHRC considers that both internal and external forms of trafficking in persons are inhuman and in violation of human rights, especially those of women and children.

2.4 HIV and AIDS (Prevention and Control) Act, 2008
The Tanzania Commission for AIDS (TACAIDS) was then established in 2002 to coordinate the multi-sectral response, bringing together all stakeholders including government, business and civil society to provide strategic guidance to HIV/AIDS programmes, projects and interventions In 2003, TACAIDS launched the first National Multisectoral Framework (NMSF) 2003-2007, which outlined all areas of focus for stakeholders including cross cutting themes like stigma and discrimination, as well as prevention, care and support and dealing with the socio-economic consequences of HIV and AIDS. Under each broad theme, certain strategic areas were identified (such as school based prevention or blood safety) and goals, challenges, targets and indicators of success were specified.
Tanzania HIV/AIDS legal initiatives were realized in 2008 by enacting the HIV and AIDS (Prevention and Control) Act, 2008. Prior this law it was guided by Tanzania’s National Policy on HIV/AIDS of 2001. The law provides for HIV prevention, care and treatment and protects the rights ofpeople living withHIV (PLHIV). Italso defi nes the rolesand responsibilities of all sectors inaddressing HIV.

The main issues adressed by the act among others were;
• The Government, political, religious, and traditional leaders and employers in the private sector shall advocate against stigma and discrimination of people living with HIV and AIDS, (4.2-b)
• A person shall not be compelled to undergo HIV testing (15.3)
• The Ministry [of Health] shall, where resources allow, take necessary steps to ensure the availability of antiretrovirals and other healthcare services and medicines … (24.2),
• A person shall not formulate a policy, enact a law or act in a manner that discriminates directly or by its implication personsliving with HIV and AIDS, orphans, or their families (28)
• A person shall not stigmatize or discriminate in any manner any other person on the grounds of such person’s actual,perceived, or suspected HIV and AIDS status (31)
• Any person living with HIV and AIDS shall, using available resources, have a right to the highest attainable standard of physical and mental health (33.1-a)
• Every local government authority shall design, formulate, establish, and coordinate mechanisms and strategic plans for ensuringthat the most vulnerable children within its respective area are afforded means to access education, basic healthcare, and livelihood services (34.1)
However, the law has failed to address criticla issues including; State support for legal aid systems specializing in HIV casework, possibly involving NGOs, legal aid centres , State support or inducements (e.g. tax reduction) to private sector law firms to provide free pro bono services to people living with HIV in areas such as anti-discrimination and disability, health-care rights (informed consent and confidentiality), property (wills, inheritance) and employment law, States should ensure that domestic legislation provides for prompt and effective remedies in cases whereby a person living with HIV is denied or not provided access to treatment, care and support and States should also ensure due process of law so that the merits of such complaints could be independently and impartially assessed.

Section 47 provides that any person who intentionally transmits HIV to another person commits an offence, and on conviction shall be liable to imprisonment for a term of five years not exceeding five years. This provision can in one way the other hinder the access to HIV health facilities and treatement.The 2002 UNAIDS Policy option paper and international guideline on HIV /AIDS and Human Rights recommended that criminal or public health legislation should not include specific offences against deliberate and intentional transmission of HIV but should apply general criminal offences It is again against human rights to compel , through criminalization against people living with HIV/AIDS to disclose their HIV status. Therefore, criminalization process can be named as another obstacle hinder access to HIV/AIDS services to avoid being constantly monitored as a criminal.

2.5 Employment and Labour Relation Act of 2004
Noting that HIV and AIDS have a serious impact on society and economies, on the world of work in both the formal and informal sectors, on workers, their families and dependants, on the employers’ and workers’ organizations andon public and private enterprises, and undermine the attainment of decent work and sustainable development ILO adopted Recommendation, cited as the HIV and AIDS Recommendation of May, 2010. The recomendations expressly requires states among others to do the following:

4. Members should:
(a) adopt national policies and programmes on HIV and AIDS and the world of work and on occupational safety and health, where they do not already exist; and
(b) integrate their policies and programmes on HIV and AIDS and the world ofwork in development plans and poverty reduction strategies, including decent work, sustainable enterprises and income-generating strategies, as appropriate.

5. In developing the national policies and programmes, the competent authoritiesshould take into account the ILO code of practice on HIV/AIDS of 2001, and any subsequent revision, other relevant International Labour Organization instruments,
and other international guidelines adopted on this subject.

In 2001, the ILO adopted the Code of Practice on HIV/AIDS and the world of work, which has been widely accepted and used in many countries. In 2007, the Organization’s constituents decided that the time had come to raise the response of the world of work to HIV and AIDS to a different level through the development and adoption of an international labour standard It calls for the design and implementation of national tripartite workplace policies and programmes on HIV and AIDS to be integrated into overall national policies and strategies on HIV and AIDS and on development and social protection. It calls for respect for the fundamental human rights of all workers, including observance of the principle of gender equality and the right to be free from compulsory testing and disclosure of HIV status, while encouraging everyone to undertake voluntary confidential HIV counselling and testing as early as possible.The Recommendation also invites member States to implement its provisions through amendment or adoption of national legislation where appropriate.

Tanzania Tri-Partite Code of Conduct on HIV/AIDS at the work places was developed to support other international and National instruments. The main objective of the code is to provide a set of guidelines to address the HIV/AIDS at the workplace and within the framework of promoting decent work. The main function of the code is to develop concrete responses at enterprise, sectoral at national level by promoting dialogue and consultation with various stakeholders.

Also the Employment and Labour Relations Act, 2004 has provisions protecting the rights of HIV/AIDS workers at work place. Section 7 of the Act provides among others;
7.-(1) Every employer shall ensure that he promotes an equal Prohibiopportunity in employment and strives to eliminate discrimination in any employment policy or practice
(2) An employer s hall register, with t he Labour Commissioner, a plan to promote equal opportunity and to eliminate discrimination in the work place.
(4) No employer shall discriminate, directly or indirectly, against an employee, in any employment policy or practice, on any of the following grounds: (m) HIV/Aids; (n) Age; or (o) station of life.

2.5 The Penal Code of Tanzania
Section 225 of the Penal Code this law creates an offence of grievously bodily harm. Section five stipulate "grievous harm" means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense.” This section can therefore be used to cover few exceptional cases on transmission of HIV/AIDS and no need of having any other law to criminalize against deliberate and intentional transmission of HIV/AIDS.

The penal created offences relating to sexual harassment including forced sex. But it does not recognize the offence of marital rape, which seems to be one of the factors for the GBV and HIV/AIDS. Therefore, both laws do not provide adequate protection of women against GBV and HIV infection. It is also unfortunate that most of the GBV cases are not reported to the police and few of those reported have not been seriously handled by the law enforcers.
Even though the unnatural offences like prostitutions and home sexualities are prohibited by this law, but the minority group of LGBTI and sex workers who are said be highly victims of HIV should be given an opportunity to access health facilities including HIV services.

2.6 The Prison Standing Orders
The Prisons Standing Orders sets out guidelines for dealing with HIV/AIDS in prisons. The guidelines include applying all national guidelines on HIV/AIDS to prisons where facilities allow and providing for compulsory counseling before testing occurs.
However, observation at several prisons in the Morogoro region by the TLS fact-finding team (Kingolwara, Wami and Morogoro Central) revealed that prisons do not have specific guidelines at the prison or regional level to deal with HIV/AIDS within the prisons. There are a lack of facilities for testing in the prisons, so inmates do not receive regular testing as required by national guidelines. Also, there is little evidence of any counseling or information on HIV/AIDS prevention provided to prisoners.

All prisoners face threats to their fundamental human rights, but this is particularly true of prison inmates with special needs, including women, children, the elderly, persons with disabilities and persons living with HIV/AIDS. Special attention must be taken to ensure that these groups of prisoners have appropriate facilities to meet their needs and that all necessary health care is provided. Efforts must also be taken to ensure that these vulnerable groups are free from harassment and intimidation by prison guards and other prisoners. These prisoners already face many difficulties by virtue of being incarcerated, but these should not be exacerbated because they are members of groups with particular special needs and vulnerabilities.









Part Two
3 HIV/AIDS Prevalence in Tanzania: Situational analysis

It is estimated that 5.7% of adults aged 15-49 years in Tanzania (6.6% of women and 4.6% of men), or approximately 1.5 million people in the country are currently infected with HIV. Approximately 10% of those infected with HIV are children. During an opinion survey in Kagera it was revealed that the statistics that are used at the national level are outdated and a new study of the HIV/AIDS rate needs to be done. For example, in 2009 HIV/AIDS prevalence in Kagera was 7.7% compared to 5.6% in 2007/08.In Kagera the prevalence of women with HIV/AIDS is 7.7% and among men it is 5.0%. By comparison with other districts, the Chato district has the highest rate with 12.1% prevalence, and Ngara the least amount with 4.2%.
During the LHRC survey it was shown that population is not a major factor contributing to the prevalence of HIV/AIDS. For example, as the chart below shows, the population of Ngara is higher compared to Chato. But the prevalence of HIV/AIDS in Chato is higher than compared to Ngara.

District People tested HIV Prevalence
Chato 8358 12.1%
Ngara 11,068 4.2%

Aloyce Baba, a Program officer at the HIV Clinton Foundation in Mtwara told the LHRC researcher that the rate of HIV in the region has dropped from 7.3% to 3.6%. He further noted that about 900-1000 people are annually becoming infected with HIV.

The LHRC urges TACAIDS to compile an annual HIV/AIDS statistics report that will be of assistance in the planning and development of various public and private institutions. As the study in one region shows an increase in HIV/AIDS prevalence from 5.6% to 7.7%, it is to be expected that the rates have similarly risen in other regions as well. We cant fight for rights without proper statistics from the ground.

The LHRC’s concern is that HIV/AIDS studies on prevalence should not be a basis for people to believe that the HIV/AIDS rate is falling. These figures have been taken from people who voluntarily present themselves for testing and counseling. The HIV/AIDS epidemic is still a threat to many people, especially young people and women who are especially at risk in terms of engaging in unsafe sex.

3.1 Availability of ARVs in the country.
The government has been providing free anti retro-viral drugs (ARVs) to persons affected with HIV/AIDS. In each region there are established centres that are coordinated by the Regional Aids Control Coordinators. Their key role is to ensure that there is an availability of ARVs according to the needs of each region. In 2009/2010 a total of 284,227 people living with HIV/AIDS were given ARVs. Out of this number, 20,959 children were given treatment.
Deputy Minister of Health and Social Welfare, Aisha Kigoda, said the government is working on a special plan to provide nutritious food to those already infected with the virus and will ensure that ARV drugs are easily available for all.
While in Kagera the Regional AIDS Control Coordinator told LHRC researchers,
“Dawa zinapatikana kwa wingi na ila nilipata malalamiko toka wilaya ya Ngara kwamba dawa zilichelewa kufika, toka ofisi za kanda za Medical Stores Department Mwanza, pia serikali inabadilisha aina ya dawa mara kwa mara hii nayo siyo nzuri”

3.1 Voluntary HIV Counselling and Testing (VCT)
In 2009/10 a total of 7.3 million people attended HIV testing and counseling, and a total of 5,000 VCT councilors were trained. Also, a total of 160,430 victims were attended to by household health care workers in 110 districts. An opinion survey of the LHRC in Mtwara revealed that there are not enough centers for HIV testing, meaning that the majority of people in the country do not have the opportunity to know their HIV status.

3.1 How much is spent for HIV/AIDS
The total of all expenditures on HIV and AIDS interventions by the government and development partners in 2010 is expected to go above 600 billions Tsh. A comparison to the total government expenditures for financial year reveals that there has been an annual increase in total government expenditures on HIV/AIDS.
The table above shows that there is lot of money invested for the purposes of paying for medical supplies and services and drugs, employment allowances, training and seminars. However, these expenditures do not necessarily reflect an increase in HIV/AIDS awareness and prevention measures on the community level.

3.3 HIV/AIDS, Gender Based Violence and Social Equalities
The most vulnerable group to contracting HIV in Tanzania has shown to be married women, who are the least likely to have protected sex and the most likely to be exposed to infection. Gender inequality and the failure to respect the rights of women and girls are significant factors in the HIV/AIDS pandemic in many regions of the world. For example, the subordination of women to men in private and public life often prevent women and girls from negotiating safe sex practices.
For example the figures below from the Lindi rural district indicate the number of people who attended for HIV counseling and testing. As the figures show, the number of women is very high compared to men, implying that women are more vulnerable to HIV than men.


Number of people attended in VCT in Lindi rural district January – May, 2010 at VCT Centres and mobile VCT service popularly known as (NJIA YA MKOBA)
Month Below 14 14-25 25-49 Over 50 Grand total
Male Female Male Female Male Female Male Female Male Female total
January 10 8 46 309 132 449 24 36 212 802 1014
February 21 24 53 275 201 480 34 20 309 799 1108
March 9 7 51 319 281 521 28 13 269 860 1129
April 0 1 0 9 111 106 0 1 111 117 228
May 16 12 58 253 328 658 38 34 440 957 1397
Total attended VCT 56 52 208 1165 953 2214 124 104 1341 3535 4876
Total HIV + 2 5 8 21 58 147 10 13 78 186 264

The above extract from the District Medical Officer of Lindi shows that 72.5% of the total number of people who attended VCT were women and 70.5% of those who tested positive for HIV were women. This small sample represents the situation of the whole country in that women are more vulnerable to HIV than men. However, on the other hand, it can also be concluded that the will to attend virus counseling and testing among men is low compared to women, who must attend VCT during pregnancy.

The LHRC strongly recommends men should also show up for HIV counseling and testing. It has become a common habit for men to assume that because their partners have gone for VCT and tested negative, they must also be HIV-negative. This is an incorrect and wrong assumption to make as scientific experiments show that in a relationship one partner may test positive and the other negative for HIV.

4.0 Recommendation
I. The goverment in collaboration with other stakeholders should raise public awareness of the rights and guarantees included in various laws as discussed above, especially for PLHIV, and establishing mechanisms for legal redress and monitoring.
II. Harmonizing the law and National HIV/ AIDS Policy with other legal provisions, especially those relating to the most at-risk groups, including sex workers, injecting drug users, and men who have sex with men,
III. Thev East Africa Stats should come out with a a joint law to address better tcontroversial areas like criminalization of transimision of HIV/AIDS.Another controversial area is that in the Penal Codes of Kenya, Rwanda, Burundi and Tanzania prostitutes and gay men, who are considered vulnerable in HIV/Aids transmission, are not allowed access to treatment.
IV. Tanzania needs a new Costitution that will make social rights which include right to health justiciable and hence enforcialble in the court of law.
V. The goverment of Tanzania needs to eprove provision of social services in rural areas as the only was to improve accessibility to healthy facilities which are very crucial to PLWHV.
VI. In order eradicate the HIV/AIDS pandemic in Tanzania, the goverment should concetrate much to improve the life vulnerable groups who use to be the most people at risk.

“Lights For Rights”

Young leaders training

MDAHALO WA UCHAGUZI

UNIVERSITY OF DAR ES SALAAM HUMAN RIGHTS ASSOCIATION (UDHRA)
S.L.P 35O93, DAR ES SALAAM, http://www.udhra.udsm.ac.tz
Barua pepe udsmhumanrights@yahoo.com
Phone +255(0) 717 433 703, +255(0) 717 082 228 ,717 578 503. Date15th /October/2010


RE: LETTER OF INVITATION TO THE HUMAN RIGHTS STAKEHOLDERS SYMPOSIUM TOWARDS 2010 GENERAL ELECTION

University of Dar es salaam Human Rights Association (UDHRA) is an autonomous, non-profit student initiative organization which was formed and registered in the year 2000 at the University of Dar es salaam. Currently, UDHRA enjoys the support of over 1800 students, being members of the Association and is under the patronage of Professor Palamagamba J. Kabudi and Peter Mhapa who is the current president of UDHRA.

UDHRA Pursuant to its constitution realizes the role of Universities in various matters concerning dignity and the rights of people. We conduct seminars, moot courts, workshops, panel discussions etc to raise awareness to the University community and entire country about Human rights issues. We therefore in collaboration with Legal and Human Rights Centre, have great pleasure and honor to invite you /your organization/media to attend the event .It is obvious that you are too scheduled but the University community and Human rights stakeholders have something to share with the public few days before General Election on 31st /October, 2010. (Media and human rights NGOs are encouraged to value this final event toward 31st Oct)

Knowing that not all people are members of political parties, UDRA has engaged and tasked its former Leaders who are non-partisan to make analysis of all political party’s manifesto whose candidates vie for presidential post and present the same during the public talk. The main objective of the Symposium is to bring together human rights stakeholders and citizens who are non-partisan to scrutinize party manifestos in human rights perspectives and in so doing advice the public to elect leaders who respect principles of human rights and good governance. Consulted presenters will present their findings in a roundtable discussion followed by public discussion. Presenters have been assigned to present issues of human rights addressed or not addressed in political party’s’ manifestos.

The symposium will be conducted at Karimjee Hall on 23rd October, 2010 from 8.00 to 1.00 pm.The conference will gather human rights activists, media, university students, members of diplomatic corps, political analysts and non-partisans.

Mhapa Peter R.
President –UDHRA 2010/2011
“WE PROTECT AND PROMOTE HUMAN RIGHTS”

Rais Jakaya Kikwete akizungumza na wazee wa Dar II (MichuziBlog)

JUSTICE MWALUSANYA REST IN PEACE

ANOTHER BOLD SPIRIT IN LEGAL FRATERNITY NO LONGER WITH US

Bold spirits within the judiciary, such as Justice James Mwalusanya, Justice Mwesiumo, and the late Justice Lugakingira, will always be remembered for championing judicial activism in Tanzania, which is directly reflected in their precedents and judgments. During Tanzania’s single party era, the judiciary struggled to act independently. These Judges, and others, are largely responsible for the Development of human rights jurisprudence in Tananzania.Justice James Mwalusanya passed away on 1st August, 2010 at his home in Dodoma region.


Mwalusanya championed individual and collectives efforts in promotions and protection and defense of human rights in judicial proceedings. Justice Mwalusanya made outstanding and remarkable judicial precedents which have been used to champnion judicial activism in Tanzania. Mwalusanya can remembere by his bold decision in many cases which required human judicial activism to decide them without violating human rights. Justice Mwalusanya died while the country lacks judicial officers who believe and protect principles of human rights as provided by many international instrument ratified by the country

Justice Mwalusanya was also awarded by LHRC Maji Maji 1st human rights awards in 2005 in the recognition and appreciation of his immense and exemplary contribution in protection, promotion and defence of human rights during his carrier. During his life time and his tenure Justice Mwalusanya used boldly legal profession to pronounce decisions demonstrating an impressive and firm stand by judiciary in its role of dispensing justice without fear or intimidation. Its know that judiciary can seriously weaken its independence if there are attempts within its ranks to keep law and order by policing those members of the judiciary who are perceived to belong to the activist wing of the department. Normally, activism in judicial work affects the executive arm of the State and not the judiciary itself. Therefore, whoever attacks activism does so for and on behalf of the executive either knowingly or unknowingly.
BY ONESMO OLENGURUMWA

COMPULSORY LAND ACQISITION IN TANZANIA

COMPULSORY LAND ACQISITION IN TANZANIA
1. Introduction to Compulsory Land Acquisition
Compulsory acquisition of land involves expropriation of private rights in the property; it is a restraint on the right of private owners to be able to dispose off property according to their wish. In Tanzania we have the Land Acquisition Act of 1967 CAP 118[RE 2002] which provides for the compulsory acquisition of lands for public purposes and in connection with housing schemes. The Law of Land Acquisition is intended to legalize the taking up, for public purposes, or for a company, of land which is private property of individuals the owners and occupiers, and pay equitable compensation therefore calculated at market value of land acquired, plus an additional sum on account of compulsory character of acquisition Section 3 of the land acquisition Act empower the president to acquire land compulsory.
2. Purpose of compulsory land Acquisition
The main purpose of compulsory acquisition by President according to section 3 of the LAA is for the Public interest.
The President may, subject to the provisions of this Act, acquire any land for any estate or term where such land is required for any public purpose.”

In a broader constructuin public purpose would include a purpose,in which the general interest of the community, as opposed to a particular interest of the individual, in generally and vitally concerne In a generic sense the expression public purpose would include a purpose in which where even a fraction of the community would be involved. despite the fact that It is not possible to give an exact and all-embracing definition of public purpose , Section 4 of The Land Acquisition Act defines public purpose as the expression ;

4 (1) Land shall be deemed to be required for a public purpose where it is–
(a) for exclusive Government use, for general public use, for any Government scheme, for the development of agricultural land or for the provision of sites for industrial, agricultural or commercial development, social services or housing;
(b) for or in connection with sanitary improvement of any kind, including reclamations;
(c) for or in connection with the laying out of any new city, municipality, township or minor settlement or the extension or improvement of any existing city, municipality, township or minor settlement;
(d) for or in connection with the development of any airfield, port or harbour;
(e) for or in connection with mining for minerals or oil;
(f) for use by any person or group of persons who, in the opinion of the President, should be granted such land for agricultural development.

(2) Where the President is satisfied that a corporation requires any land for the purposes of construction of any work which in his opinion would be of public utility or in the public interest or in the interest of the national economy, he may, with the approval, to be signified by resolution, of the National Assembly and by order published in the Gazette, declare the purpose for which such land is required to be a public purpose and upon such order being made such purpose shall be deemed to be a public purpose for the purposes of this Act.

Land acquisition is the process governed by multiple legislations with diverse objectives like;

1. Public purposes as defined by Act No.47 of 1967 and in Land Act No.4 of 1999
2. Transfer of categories of land under section 4(7) & 5(7) of the Land Act, 1999
3. Hazardous land under section 7(8) of Act No. 4
4. Regularization scheme as per section60 (1)(f) & 60(3)(c) of Act No. 4 of 1999
5. The Wild life Act of 2008


The motives behind acquiring public can be randomly being picked up from the mentioned legislations above as follows;

1. Which would preserve or promote public health, comfort or safety of the public, or a section of it, weather or not the individual members of public may make use of the property acquired ;
2. Which would serve the public, or a section of it, with some necessarily or convenience of life, which may be required by the public as such, provided that the public may enjoy such service as of right; or
3. expansion of existing facilities such as airdromes, widening roads, additional power or water lines and protected areas
4. Which would enable individuals to carry on a business, in a manner in which it could not be otherwise be done, if their success will indirectly enhance public welfare, even if the acquisition is made by a private individual, and the public has no right to any service from him, or to enjoy the property acquired; or
5. If the use to which the property would be put, is one of the widespread general public benefit not involving any right on the part of the general public itself, to use the property or;
6. Which would result in an advantage to the public; it is not necessary that the property, or the work upon it, should be available to the public as such; the acquisition may be in favour of individuals, but, in furtherance of scheme of public utility, which would result in enhancement of public welfare.
7. Which would promote public interest, or tend to develop the natural resources of the stat
8. Which would enable department of the government to carry on its governmental


2. Procedure for acquiring land compulsorily
The Land Acquisitions Act sections 6-8 stipulate that , if the President resolves that any land is required for a public purpose, the Minister shall give notice of intention to acquire the land to the persons interested or claiming to be interested in such land, or to the persons entitled to sell or convey the same, or to such of them as shall, after reasonable inquiry, be known to him.

1) Notification of Government’s intention to acquire the land
2) Explanation(workshop) to landowners on their compensation and resettlement rights
3) Assessment of compensation(identification and measurement of the affected assets)
4) Resettlement needs analysis
5) Approval mechanism for assessed sums
6) Payment procedures and allocation of new Lands to the affected population
7)

The court also in Mulbadaw Village Council v NAFCO [1984 TLR 15] discussed the mandatory requirements and procedures when acquiring land publicly.

4. Compensations and Rejections
Sections 11of LAA Stipulates
“Subject to the provisions of this Act, where any land is acquired by the President under section 3, the Minister shall on behalf of the Government pay in respect thereof, out of moneys provided for the purpose by Parliament, such compensation as may be agreed upon or determined in accordance with the provisions of this Act”
Under Section 13 any person interested in land which is notified under section 4 (who is entitled to claim an interest in compensation) can raise an objection, in writing and in person. Where any land is acquired under this Act is in dispute according to section 13 such dispute or disagreement is not settled by the parties concerned within six weeks from the date of the publication of notice, the Minister or any person holding or claiming any interest in the land may institute a suit in the Court for the determination of the dispute.

The high court once in Salum Juma Mzeru v Omari Ubaya [1984 TLR 31 (HC)] declared that the owner of the land must be compensated according to the market value of the land , the developed land includes land conservation.

The law of Land Acquisition jeopardizes private interest for public interest and hence it denies an individual his right to property as provided by the Constitution of Tanzania. It overrides the right of a person to own a property, so the law in general should be strictly construed. The strict construction of the Law of Land Acquisition has been emphasized by the court for the last 60 years as it does not hold the person whose property is being taken and state at par.Exprience from the practice reveals that most of the time objections have been directed to compensations and not to acquisitions. For instance the recent case of Kipawa residents , their main objection focused on miscalculations of compensations, on other hand the situations is different in areas around National parks and protected areas. Pastoralists in or around National Parks like Nkomazi game Serengeti,Ngorongoro Crater and Loliondo have always seen to resist the entire process of Land acquisition, the main reasons behind their rejection is the lack any sort of Compersation.Government official most of the time declared pastoralist grazing as no mans land.


By Onesmo Olengurumwa

WITCHRAFT RELATED KILLINGS

KILINGS DUE TO WITCHRAFT BILIEFS IN TANZANIA FOR THE PAST SIX MONTHS

1.0 Introduction
Witchcraft is the use of certain kind of supernatural or magical powers .Moreover; it can be referred to the use of such powers in order to inflict harm or damage upon members of a community or their property. Witchcraft is a vague and loose term, without exact definition. The idea that, witch is in the society comes out of a culture that regards traditional healers as infallible. Witchcraft is traditional beliefs mainly possessed by traditional healers or commonly witchdoctors. It’s hard to classify groups of witchdoctors due to their mode of operation, however, one can propounds that in Tanzania there are mainly three groups of witchdoctors namely; those who posses spiritual power to bewitch and cast evil spells on others, frauds, who have no power but will do anything for money and herbalist who use their powers to heal and help the community. Community believes that the two groups with exclusion of the herbalist have been responsible for the family predicaments, disappearance and deaths of their relatives. Both witchcraft practices and the measures taken by community to battle witchcraft have been noted to propagate killings related witchcraft in Tanzania.
At international level there is no any specific instrument /law that govern killing related to witchcraft. However, there are many international instruments that can indirectly be used to tackle killings related to witchcraft. Because witchcraft practices have been found to be the main cause of violation of right to life in Tanzania ,then all international instruments prohibit violation of right to life can suitably be refered. International Convenant on Civil and Political Rights obligates all countries signatory to it to promote and protect the rights to life. Both The Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) of 1984 and ICCPR prohibit all kinds of acts and punishments witch degrade traumatize or torture any suspect .
The Constitution of United Republic of Tanzania of 1977[as amended] contain a bill of rights that prohibits killing, discrimination and torture Similarly, Killings, discrimination and witchcraft acts are punishable offences under the Penal Code Cap. 16[R.E. 2002]. Moreover, Tanzania witchcraft Act of 1928[R.E 2002] incriminates all witchcrafts acts fall under the two groups of witchcrafts .Witchcraft Act doesn’t categorize the work herbalist as witchcraft, the law define witchcraft to include acts sorcery, enchantment, bewitching, the use of instrument of witchcraft, the purported exercise of any occult power and the purported possession of any occult knowledge.
For the past six months killing related to witchcraft continued to trigger despite the fact that the government has taken stern measures to contain it. Legal and Human Rights Centre has done a number of studies which revealed that the situation of witchcraft killing is still a fashionable mostly around Lake zones regions and Southern regions. According to LHRC 2009 Human Rights Report a person can be liable for direct or indirect acts or behaviors which are connected to the witchcraft practices. It is also an offence to defame other person as a witch or wizard by imputing to him or her use of witchcraft materials and other things.
As mentioned earlier, killing due to witchcraft believes in Tanzania can be categorized into two dimensions ; killings emanated from witchcrafts acts like bewitching and killings derive from efforts taken by community eliminate certain group of people believed or suspected to be a witch. For the case of Tanzania the battle against people suspected to be witch has been used as a tool to discriminate , torture and ultimately kill old people mostly women with red eyes .This is contrary to both Convention to eliminates all discrimination against women(CEDAW) of 1979 and conventiona against torture of 1984.
LHRC 2009 Human Rights Report reveals that, the incidences of witchcraft killings have continued to take a lead as most common violators of the right to life in Tanzania. It is the leading factor of denial of the right to life, followed by killings resulted from incidences of mob violence the trend reveals that Most of the killings are targeted to old women especially in Lake Zone, central, western, southern parts of Tanzania due to the cultural norms and beliefs of the tribes found in those places.
For instance, LHRC media survey indicates at least seven people have been killed due to witchcraft beliefs since January-June, 2010 from different parts of the country as shown below in the table:

No Deceased Name Place Year
1. Agripina Thomas (45 yrs), Kagera 2010
2. Anamaria Theda (47 yrs) Kagera 2010
3. Monica Spron (43 yrs) Kagera 2010
4. Amana Shawishi(70) Mwanza. 2010
5. Lytoga venance Makorongo Nansio 2010
6. Cheupe Mwananzyuni Rukwa. 2010
7. Frank Mwasha Nzega 2010

However, the list above is not exhausted due to the facts that not all incidences killing due to witchcrafts are reported.Comperativley, last year report showed the trend was diminishing while the trends this is apparently worse.
With the same tone hunting and killing of albino have been 99% linked with witchcraft beliefs. The killings are associated with the witchcraft beliefs that the human parts or organs of the people with albinism have alluring and supernatural powers which, when mixed-up with other witchcraft items by the witchdoctors, will make someone rich. For instance, on 28th May one albino woman & her four year old son in Cendaju, on Burundi’s border with TZ were killed and 4 attempted murders of albinos whereby their body parts were chopped off were reported btn February and April eg Binti Kabula Nkalango(13) was chopped off in Kahama, on April,2010 and one Said Abdalah (40) was chopped off in Morogoro.
Women and Albino look to be more vulnerable to witchcraft killings than any other member of the community. Many studies reveal that witchcraft related killings are precipated by lawlessness, culture and hardships in life. People believes that the law cannot make responsible all people suspected to be witches , thus decide to prosecute and convict all people suspected to be witches by stoning them and burn their residential. On the other side albino are killed due to economic difficulties and perceptions of people on albinism.
2.0 Recommendations
The battle against killing due to witchcraft beliefs is not a one sided battle, both the government and the community should form a joint venture to end the fallacy. We should first fresh the mindset of people to do away with witch crafts practices and beliefs before we advance to other legal measures. Community should be empowered with all the principles of human rights and rule of law to avoid the acts of torture and killing of people suspected to be witches. The witchcraft Act needs be amended to address issues of witchcrafts as the best way to please the community that deadly believes in witchcraft.

By Onesmo Olengurumwa LHRC

Prof Jwani Timothy Mwaikusa Go and rest in peace

Prof Jwani Timothy Mwaikusa
By Frank Kimboy and Bernard Lugongo
Two gunmen on Tuesday night shot dead a top law professor and two other people during a raid at his home on Dar es Salaam’s outskirts in the latest incident in a wave of mounting crime in the city’s suburbs.

The death of Prof Jwani Timothy Mwaikusa, one of the country’s leading public law experts, plunged his family, neighbours, friends, colleagues and the entire legal fraternity into deep mourning yesterday.

The killers, who ambushed the University of Dar es Salaam’s School of Law lecturer as soon as he drove into the compound of his modest residence at SalaSala, on the northern outskirts of the city, felled him with two bullets – one into the head and the other into the chest.

Killed alongside the 58-year-old scholar, who was also a defence lawyer at the International Criminal Tribunal for Rwanda (ICTR) at Arusha, were his nephew, Mr Gwamaka Mwaisanjala, 25, and a neighbour, Mr John Mtui. The neighbour was shot several metres away, as he led a group of villagers, who had responded to cries emanating from the professor’s home. All the victims died on the spot during the shocking incident that occurred just a few minutes after 10pm.
Yesterday, a high-powered team of detectives led by the Director of Criminal Investigations, Mr Robert Manumba, visited the scene of the heinous crime and launched a manhunt for the attackers who vanished into the night after the killings on Tuesday night.

The acting Dar es Salaam Special Police Zone commander, Mr Charles Kenyela, later in the afternoon used his regular press conference at the police headquarters to appeal to anyone with information that could lead to the arrest of the suspects to come forward and assist with the investigations.
“We will do whatever it takes to capture these killers and bring them to book,” said Mr Kenyela.
He said the motive behind the professor’s slaying had not been established. However, he added, the suspects had escaped with briefcase snatched from Prof Mwaikusa’s car.

The Tuesday incident follows an outcry about the rising incidence of crime in the city’s suburbs. Armed robbers have raided a number of the posh homes on the outskirts, robbing the owners of household goods, cash and other property. The worst affected areas include Mbezi, Tegeta, Kunduchi, Vingunguti and Kimara.
At their SalaSala home yesterday, relatives and friends, including the widow, Mrs Rofea Kinani Mwaikusa, were overcome with grief, as mourners poured into the compound to console the family.
Mrs Mwaikusa, who works for the ministry of Education and Vocational Training, was away in Morogoro attending a workshop when the sad news was broken to her by telephone. She immediately drove back home, arriving at 2am.

The University of Dar es Salaam’s Vice-Chancellor, Prof Rwekaza Mukandala, and the dean of the Faculty of Law, Prof John Palamagamba Kabudi, and other members of the legal fraternity sent condolences to the family.
Prof Kabudi said Prof Mwaikusa’s death was not only a loss to his family, but also to the country as a whole. “He was a very committed, loyal, and a competent professor. His passion for training students was second to none,” he said.

In Arusha, staff at the ICTR court were stunned to learn of the death of Prof Mwaikusa, who had worked for over three years as a defence counsel for 74-year-old genocide suspect Yussuf Munyakazi. They said he had completed his defence and the court was due to deliver judgment anytime from now.

Recalling the events of Tuesday night, Prof Mwaikusa’s son, Baraka, said the gunmen ambushed his father as he was preparing to get out of his car. He said the robbers stormed into the compounded as soon as the gate was opened for Prof Mwaikusa. They pounced on his younger brother, who had opened the gate for the professor.
“One gunman remained at the gate, while the other approached the car, as dad was parking it,” Baraka said.
But before the other man reached Prof Mwaikusa, Baraka said their cousin, Mwaisanjala, arrived and confronted the gunmen, demanding to know what they were doing in the compound.

“After noticing that the suspect who was holding my brother had a gun, our cousin charged at him and attempted to wrestle him down, but the other crook came to his help.
Baraka said Mwaisanjala was shot in the back as he tried to dash to safety.
“I soon heard a bang and came out of the house. But I was immediately ordered to lie down by the gunmen who had shot my father in the forehead,” he said.

Baraka said the gunmen ransacked the car and took his father’s briefcase and some documents.
A neighbour said they accompanied Mr Mtui, who was armed with a pistol. But their mission ended when they ran into the fleeing suspects, who ordered them to lie down.

“They frisked us and took money and mobile phones but Mr Mtui resisted an attempt to search him. They immediately shot him on seeing his pistol.”

The deceased was a businessman. The robbers also raided a nearby shot and robbed the owner of cash and mobile phone vouchers worth over Sh120,000. The locals the raiders had arrived by motorbike.
The bodies of the three victims were taken to the Muhimbili Hospital mortuary.

Prof Jwani Mwaikusa joined the University of Dar es Salaam in 1986 as an assistant lecturer in the then Faculty of Law. He was promoted to Associate Professor of Law in 1999. He was the chairman of the Centre for Media Studies, Research and Networking. Prof Mwaikusa, who was also a poet, had published numerous articles and book chapters on a wide range of subjects.

In the past two months alone, five people have been shot dead by armed robbers. Two businessmen were shot dead last month at Kimara Temboni. In May, a trader was shot dead in Vingunguti.
In the Mbezi Beach area, residents recently called a press conference to appeal to police to step up patrols to curb armed robberies.

PROF MWAIKUSA REST IN PEACE

Prof. Jwani Timothy Mwaikusa is no longer, profesor was killed yesterday by unknown gangstars who shot him when arriving at his home in Dar Salasala.Mwaikusa was reknown proffesor in the field of law.Was a good proffesor of constitutional and adminstrative law.We all send our heartfelt condelences to his family and the entire Nation.Prof Mwaikusa go and rest in peace , we will endeed miss your companionship, the value of your proffession was still crucial to the entire Nation and the region.Oh prof it only six days we ate together and share allot on fate of CAT judgement on independent candidate.We cheris your dedication in the field of human rights, you works are beyound measures.Let stop because i can no longer hold a pen.

By prof and rest in peace.


Practice Areas Corporate Law; Employment; Joint Ventures; Debt Recovery; Mergers and Acquisitions; Litigation; Mining Education University of Dar es Salaam (LL.B., honors, 1981); University of Birmingham (LL.M., 1985); University of London, School of Oriental & African Studies (Ph.D., 1995)

FREEDOM OF THE MEDIA IN TANZANIA:

FREEDOM OF THE MEDIA IN TANZANIA: A SILENT SINKING SHIP

Despite the mushrooming of media houses in Tanzania, the questions of freedom of press have never been fully achieved in Tanzania. Having the dozens of radio and television stations broadcasting to every turn of our country is not itself a tool to measure the status of freedom of press in the country. Many state agencies and Public officials are also still distressingly intolerant and suspicious of the media even in this day and age of transparency and free flow of information.

The freedom of media is guaranteed by several international and national human rights instruments like Article 25 of International Covenant on Civil and Political Rights (ICCPR) and Article 18 (2) and (3) of the Constitution of Tanzania.The questions of how free is the media in Tanzania can easily be answered in different perspectives. While one week ago a two-day workshop, which discussesed issues related to the Freedom of Information. Several journalists and editors from mainland Tanzania, Unguja and Pemba islands attended the commemorations.

Participating organizations were the Tanzania Chapter of the Media Institute of Southern Africa (MISA), the Eastern Africa Journalists Association (EAJA), the Forum of Mauritian Journalists, the Journalists’ Unions of Burundi, Uganda, Ethiopia and Rwanda, the Media Council of Tanzania. Among other things discussed during the commemorations were the safety and conducive working environment for journalists and professional ethics.It sounds gloomy that the group of journalist met in Zanzibar early this month had no time to deliberate on the questions of perceptions of state agencies and public officials towards the media and journalists in general. Recently investigative journalist of TBC Mr Jerry Muro was under a hot soup after being accused of corrupt practices.

Many people associated the issue of Jerry Muro with the effort by few public officials to threaten or to end the efforts of journalist to uncover corrupt practices. Early this year three journalists Asraji Mvungi- ITV, Juma Musa- Mwananchi communications and Elias Mbonea- Mtanzania were arrested by police officers receiving orders from District officials in Manyara. The drive was targeted to prevent the journalist from reporting the land conflict in Basutu/ Mulbadaw village. On another incidence this year in Loliondo, other journalists Mwanaidi Mkwizu- ITV, Abu Mkongo -ITV, Juma Musa -Mwananchi communications and Mashaka Mgeta- Nipashe were harassed by District officials in Ngorongoro only to stop them reporting the incidence of women demonstration in Loliondo. Ngorongoro District Commissioner required them to report to his office before doing anything in the District.

The order of the DC is against freedom of the media and the articles of the Constitution as it has been guaranteed by Article 18 of the Constitution of Tanzania, which states that, every person,(a) has a freedom of opinion and expression of his ideas;(b) has a right to seek, receive and impart or disseminate informationregardless of national frontiers;(c) has a right to freedom to communicate and a right of freedom frominterference with his right of communication;On 11/05/2010 ITV media house reported that, ITV reporter In Lake Zone region Mr Cosmas Makongo was unreasonably harassed and arrested by police officers ordered by District Commissioner of Ngara Col.Salum Nyakonji to stop him from gathering any information during the meeting with villagers.

The situation of illegal immigrants in Ngara simmered for two years now.The district officials have been busy lobbying the journalist not to make follow up of the existing situation taking place in Ngara, and for those who becomes loyal to their works like Cosmass Makongo, they have to be paid by receiving all sorts of harassment from state agencies. The victims proclaimed that the tense situation met them during the meeting just because they refused to be bribed by a certain district officials who requested them not to report any matter relating to the current saga in Ngara.That not being enough the said journalists in Ngara have been demanded by District officials to submit their citizenship particulars for scrutiny.We all need to congratulate all the villagers in Ngara who decided to stand against intolerable decisions of District officials of such a type.In this incidence the villagers decided to vacate the meeting ground and others reacted against the DC Col.Salum Nyakonji. The Universal Declaration of Human Rights states that:"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers.

The acts of DC Nyakonji deprived not only the freedom of the media but also the freedom of villagers to hold opinion without interference and impart the same trough media.The media is therefore not free in Tanzania, the General Comment 25(57) of the United Nations Committee of Human Rights, while interpreting the provision of Article 25 of International Covenant on Civil and Political Rights (ICCP) stated that in order to ensure the full enjoyment of rights protected by Article 25, the free communication of information and ideas should comment on public issues without censorship or restraint. Citizens should have wide access to information and opportunity to disseminate the same through media without interference. The media will never be free if state agencies and public officials won’t change their perceptions towards journalists.

FREEDOM OF THE MEDIA IN TANZANIA: A SILENT SINKING SHIP

FREEDOM OF THE MEDIA IN TANZANIA: A SILENT SINKING SHIP
Despite the mushrooming of media houses in Tanzania, the questions of freedom of press have never been fully achieved in Tanzania. Having the dozens of radio and television stations broadcasting to every turn of our country is not itself a tool to measure the status of freedom of press in the country. Many state agencies and Public officials are also still distressingly intolerant and suspicious of the media even in this day and age of transparency and free flow of information. The freedom of media is guaranteed by several international and national human rights instruments like Article 25 of International Covenant on Civil and Political Rights (ICCPR) and Article 18 (2) and (3) of the Constitution of Tanzania.

The questions of how free is the media in Tanzania can easily be answered in different perspectives. While one week ago a two-day workshop, which discussesed issues related to the Freedom of Information. Several journalists and editors from mainland Tanzania, Unguja and Pemba islands attended the commemorations. Participating organizations were the Tanzania Chapter of the Media Institute of Southern Africa (MISA), the Eastern Africa Journalists Association (EAJA), the Forum of Mauritian Journalists, the Journalists’ Unions of Burundi, Uganda, Ethiopia and Rwanda, the Media Council of Tanzania. Among other things discussed during the commemorations were the safety and conducive working environment for journalists and professional ethics.

It sounds gloomy that the group of journalist met in Zanzibar early this month had no time to deliberate on the questions of perceptions of state agencies and public officials towards the media and journalists in general. Recently investigative journalist of TBC Mr Jerry Muro was under a hot soup after being accused of corrupt practices. Many people associated the issue of Jerry Muro with the effort by few public officials to threaten or to end the efforts of journalist to uncover corrupt practices. Early this year three journalists Asraji Mvungi- ITV, Juma Musa- Mwananchi communications and Elias Mbonea- Mtanzania were arrested by police officers receiving orders from District officials in Manyara. The drive was targeted to prevent the journalist from reporting the land conflict in Basutu/ Mulbadaw village. On another incidence this year in Loliondo, other journalists Mwanaidi Mkwizu- ITV, Abu Mkongo -ITV, Juma Musa -Mwananchi communications and Mashaka Mgeta- Nipashe were harassed by District officials in Ngorongoro only to stop them reporting the incidence of women demonstration in Loliondo. Ngorongoro District Commissioner required them to report to his office before doing anything in the District. The order of the DC is against freedom of the media and the articles of the Constitution as it has been guaranteed by Article 18 of the Constitution of Tanzania, which states that, every person,
(a) has a freedom of opinion and expression of his ideas;
(b) has a right to seek, receive and impart or disseminate information
regardless of national frontiers;
(c) has a right to freedom to communicate and a right of freedom from
interference with his right of communication;
On 11/05/2010 ITV media house reported that, ITV reporter In Lake Zone region Mr Cosmas Makongo was unreasonably harassed and arrested by police officers ordered by District Commissioner of Ngara Col.Salum Nyakonji to stop him from gathering any information during the meeting with villagers. The situation of illegal immigrants in Ngara simmered for two years now.The district officials have been busy lobbying the journalist not to make follow up of the existing situation taking place in Ngara, and for those who becomes loyal to their works like Cosmass Makongo, they have to be paid by receiving all sorts of harassment from state agencies. The victims proclaimed that the tense situation met them during the meeting just because they refused to be bribed by a certain district officials who requested them not to report any matter relating to the current saga in Ngara.That not being enough the said journalists in Ngara have been demanded by District officials to submit their citizenship particulars for scrutiny.
We all need to congratulate all the villagers in Ngara who decided to stand against intolerable decisions of District officials of such a type.In this incidence the villagers decided to vacate the meeting ground and others reacted against the DC Col.Salum Nyakonji. The Universal Declaration of Human Rights states that:
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers.
The acts of DC Nyakonji deprived not only the freedom of the media but also the freedom of villagers to hold opinion without interference and impart the same trough media.The media is therefore not free in Tanzania, the General Comment 25(57) of the United Nations Committee of Human Rights, while interpreting the provision of Article 25 of International Covenant on Civil and Political Rights (ICCP) stated that in order to ensure the full enjoyment of rights protected by Article 25, the free communication of information and ideas should comment on public issues without censorship or restraint. Citizens should have wide access to information and opportunity to disseminate the same through media without interference. The media will never be free if state agencies and public officials won’t change their perceptions towards journalists.

Onesmo Olengurumwa.