A PAPER PRESENTED DURING AT THE WORKSHOP
PREPAIRED BY TANZANIA TEACHERS UNION
By Onesmo Olengurumwa
List of Abbreviations and Acronyms
ACPHR African Charter on Peoples and Human Rights of 1981
A-G Attorney General
BoT Bank of Tanzania (Central Bank of Tanzania)
Cap. Chapter (of the Series of the Laws of Tanzania)
CHRAGG Commission for Human Rights and Good Governance
CCM Chama cha Mapinduzi
CUF Civic United Front
CHADEMA Chama cha Demokrasia na Maendeleo
CSOs Civil Society Organizations
DARUSO University of Dar es Salaam Students’ Organization
DC District Commissioner
DPP Director of Public Prosecution
DP Democratic Party
FCS Foundation for Civil Society
FemAct Feminists Activism
FGM Female Genital Mutilations
FFU Field Force Unit of the Police Force of Tanzania
FORDIA Concern for Development Initiatives in Africa
FSC Farm Service Centre
GCA Game Controlled Area
G.N Government Notice
ICCPR International Covenant on Civil and Political Rights of 1966
ICESCR International Convenant on Economic, Social and Cultural Rights
IMF International Monetary Fund
LHRC Legal and Human Rights Centre
LSRP Legal Sector Reform Programme
LRCT Law Reform Commission of Tanzania
NEC National Electoral Commission
NEMC National Environmental Management Council
OBC Ortello Business Corporation
PCCB Prevention and Combating of Corruption Bureau
PF Policy Forum
PEDEP Primary Education Development Plan
SAHRiNGON Southern Africa Human Rights NGOs Network
TLS Tanganyika Law Society
“The people and the Government of the United Republic are aiming to build a just society of free and equal citizens, who live in healthy conditions, who control their own destiny, and who co-operate together and with other people in a spirit of human brotherhood for mutual benefit. This is the goal.
Human rights are the rights that every human being automatically qualifies for at birth. They cannot be denied because of the colour of one’s skin, religion, age or other personal factors. Central to the concept of human rights is the protection of human dignity. Human rights are manifested by the Universal Declaration of Human Rights, which was adopted in 1948 by the United Nations.These are not provided in any document.Human rights instrument only recognize and guarantee them and to put standards.Violation of human rights can be both be horizontal or vertical. Violations done by state to its people are vertical and violations among citizens are horizontal.
1.1 During Colonial Era
Historically Tanzania passed through different colonial administration. Before German invasion, Tanzania by then Tangayika and Zanzibar went through difficulty times under Arabs. The presence of Arabs made the trade of slave trade to be the main type of human right violation by then. During colonial time it was hardly to here any one talk of Human rights in Tanzania.Prof Maina says, for the colonial government to pretend to uphold the fundamental rights and freedom would defeat the very aim of colonialism.As we historically learned, colonialist came to Africa highly motivated by what we possess interns of resources for their economic development.
Colonia administration was driven by policies which promoted class differentiation in human beings, apartheid, racism and discrimination. They did all those things to us because they were not among ourselves; we were born from different angles of the world, they only came because Africa is extremely rich.1960’s we sang songs of liberations and chased them away. Our parents and grandparents thought things could be different, because the black men substituted colonial master; in return African leadership became bitterer like osokonoi (A Maasai terminology naming the most astringent medicinal Plant) than colonial masters.
1.2 Post Independence
Tanzania at indepence era experienced distinct history. According to Bisimba and Maina Mwalimu Nyerere the first president of Tanganyika when negotiating for independence of Tanganyika in London and Dar es Salaam rejected the inclusion of a Bill of Rights in the independence Constitution of 1961 The same position was repeated during the Republican Constitution of 1962; the Interim Constitution of 1965; and the Permanent Constitution of the United Republic of Tanzania of 1977. The Bill of Rights was eventually incorporated in the Constitution in 1984 – a year before he left office due to the pressure from the people.
The situation of human rights in Tanzania was later made more worse by enactment of draconian laws, most of them being inherited from colonial legal system. The Nyalali commission under Chief Justice Francis Nyalali (As then he was) openly analyzed forty laws in Tanzania as draconian laws. The Forty Plus unconstitutional laws in Tanzania were seen to be against fundamental rights and freedom of the people and good governance. Among others the following were the laws found to be unconstitutional after independence era; Collective Punishment Ordinance, 1921, the Deportation Ordinance of 1938, Preventive Detention Act, 1962, Preventive Detention Act, 1962 etc
The case of Zanzibar is a bit different but funny, the Bill of rights was once entrenched In the laws of Zanzibar during independence in 1963.Surprisingly within a short period of time everything turned upside down particularly after Zanzibar revolution and the Bill of rights was no longer part of the laws in Zanzibar. In Zanzibar the Bill of rights was again entrenched in the constitution of Zanzibar in 1984
Among the justifications given by rulers as to why Bill of rights couldn’t be part of our laws some of them sound fishy like the reason by First Prime minister Late Rashid Kawawa who openly categorized human rights as a luxury. Others said the movements of human rights will in turn be a thorn to new government process of developing the country. Some of the justifications made Tanzania to be the exceptional to general rule in the Commonwealth cycle.Maina is hereby below quoted supplying more emphasis on this, by suspecting that,
‘”may be the Bill of rights in the constitution right from the time of independence would have acted as check from some of the many undemocratic decisions made in the early period and cemented the culture of non-respect of fundamental rights and freedom of people; disregard of rule of law and constitution by the both the party and government’.
1.3 The Most Human Rights Abuses Before 1990’s
Alleged human rights abuses include civil and political rights and extrajudicial killings
The Mwalimu Nyerere leadership is condemned by many as the most undemocratic, dictatorial reign in Tanzania history. In my considered opinion I can’t go contrary to them as it was during his time of course the nation rejected Bill of rights, it was during his reign draconian laws were inherited from colonial era, it was during his leadership civil and political rights were openly rejected due to party supremacy. But on the other side of the story I concur with Bi Helen and Prof Maina the way they describe Mwalimu Nyerere in relation with human rights herein below;
‘It is important to concede that all the complaints made against Mwalimu are valid. That is to say, these events did take place and they are not fabrications. However, they have explanations. They are not actions of a dictator wanting to oppress his people in order to stay in power by all means – as is the case in most states in the continent.’
Submission by Bisimba and Maina straightforwardly differentiate Mwalimu on his personal capacity and Mwalimu as the President.
‘There is Mwalimu the individual – a God fearing and religious family person who respects and champions rights of all people”. Yet on the other there is “Mwalimu – the President of the United Republic – signing a few death warrants, detaining people in custody without trial” and “deporting citizens of Tanzania from one part of the country to another”.
The massage from above quotation points out that Mwalimu cared much the rights of the majority as whole community and not rights of individual.Tha is what Bisimba and Maina emphasize ;
“Whatever Mwalimu did that could be interpreted as violating human rights can always be explained in wider benefits to the community.”
The process to include Bill of rights of in Tanzania constitution was on board since 1980’s to 1987.Before 1980’s the Bill of rights was only found in the preamble of the interim constitution, later the Bill of rights found in the preamble was declared as mere words on paper as itself did not provide any protection in situation of violation of human rights in the case of Hatmali Adamji v East African Post and Telecommunication corporation
The principle of party supremacy and single party system became threat to development of democratization in Tanzania. Some of the basic principles of democracy which Tanzania has not implemented fully include free and fair elections, independent judiciary, respect for human rights and dissemination of information through independent media. After long straggle to incorporate Bill of rights in our constitution in 1992 the country introduced mult party system. However, commitment to implement political rights is still very law.
3.0 Situation of Human Rights in Tanzania 20 Years Back To 1990’s:The Best or the Worst?
When the Bill of rights was entrenched in our constitution almost every citizen believed to be the end of human rights violation in Tanzania. On the ground that was not the case, surprisingly, the rate of abuses of human rights like arrests, detention conditions and sometimes acts of torture rose significantly. Worse enough on the first instance there was no any proper mechanisms for implementation of Bill of rights in Tanzania Until 1994 when Basic rights and duties inforcement Act was enacted. Tanzania is a signatory to several international and regional human rights instruments that address civil rights and liberties, including the International Covenant on Civil and Political Rights of 1966, the African Charter on Human and Peoples’ Rights of 1981 and the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, 2006 etc. Although Tanzania has not explicitly incorporated all of these instruments into its domestic legislation, it accepts these instruments as legally binding.
For a country to be named as the country that respect and promote human rights,must before all ratify and domesticate all international human rights instruments.By international law, countries like Tanzania are obligated to take some measures to ensure human rights protection and promotion. This is because, under international law, States will be accountable for not complying with their legal obligations to respect and ensure effective enjoyment of the human rights recognized in the legal instruments. Tanzania as dual system state did allot as far as ratification of international human rights instruments are concern.
Domesticating and making pro-human rights laws in any country can only be termed as preliminary stage of ensuring enjoyment of human rights at National level. According to LHRC country human rights reports; having pro-human rights laws in place is just one step towards effective protection. The second and most practical step is creation of machineries for coordinating or supervising implementation of the laws enacted to address the human rights.
3.1 Civil and Political Rights
The Government of Tanzania is obligated to fulfill the rights contained in the Universal Declaration of Human Rights, 1948, as it was referentially incorporated into Art. 9(f) of the Constitution of the United Republic of Tanzania, 1977. In an effort to realize these rights, the government incorporated the Bill of Rights and Duties into the Constitution of Tanzania.
However, There is little change in the human rights situation, the Government continues to restrict civil rights and political rights as they attempted to control the pace and direction of political change. In the process, the Government restricted freedom of the press, interfered with the right of peaceful assembly, and continued to infringe on citizens' rights of privacy and free movement.
Political rights administer the approach and the scope to which citizens’ take part in the political process and governance of their nation. In a democratic country, such as Tanzania, the most obvious political right is the right to participate in political affairs. However, there are other important political rights such as freedom of association and freedom of assembly.
During 2000 general elections on the mainland, international observers concluded that the October 2000 elections were free and fair and conducted peacefully. However, the presidential and parliamentary elections that took place in Zanzibar were marred by irregularities, voter intimidation, and politically motivated violence. The report by independent investigative committee discovered On November 4, the independent commission to investigate police responsibility in the January 2001 violent dispersal of demonstrators on Pemba released its final report. The report stated that police lacked proper riot gear and resorted to live bullets. The report also stated that police used batons, canes, and electric wires to torture suspects in custody and recommended providing police with modern riot gear and civic training. No action was taken during the year against individual police officers responsible for the killings.
The development of democracy is very minimal in the country; among the 19 political parties in the country rulling party CCM remain to be dominant. There is no fair ground of competition on the ground. Many Tanzania still have negative perceptions on opposition parties, therefor this weaken the strength of opposition parties. Police Machinery have been condemned to suppress political rallies and assemblies. Members of Civic United Front (CUF) were killed on the island of Pemba; thus causing politically motivated disappearances, torture or other inhumane and degrading treatment; arbitrary arrests or exile; and denial of a fair public trial. Police regularly mistreat and occasionally torture suspected criminals in their custody. In more extreme cases, family members of suspected criminals have been subjected to similarly egregious conduct on the part of the police. Despite the Government's official condemnation of these practices, officials who use excessive force with criminal suspects are seldom prosecuted.
May 2007, four opposition parties signed an informal cooperation agreement to work together and field a single presidential candidate for the 2010 general elections. In its current form, the Political Parties Act impedes the freedom of association due to its complex and opaque registration requirements. The LHRC supports the amendment of this Act to streamline the registration process for political parties and coalition parties. The LHRC encourages the government to facilitate the freedom of association by encouraging the emergence of new political parties, either as stand alone political parties or as coalition parties.  The country should learn from Kenya where there are no such restrictions. Lack of such restriction enabled opposition parties in 2002 to form the National Rainbow Coalition (NARC) to remove KANU from power.
The Government seems to very reluctant to enforce rulings of the judiciary, in 2009 the High court of Tanzania gave out judgment in favor of independent candidate, the case was petitioned by Rev Mtikila challenging the provision of the constitution requiring any one wants to contest must have first joined any political party. In 1994, the High Court of Tanzania found the prohibition against independent candidates to be unconstitutional. In response to this decision; the Constitution of Tanzania was amended in 1994 to include a prohibition against the election of a person who is not a member of a political party to the position of president or as an MP. In 2005, Re Christopher Mtikila filed a petitioned in the High Court of Tanzania challenging the constitutionality of this provision. The basis of this challenge was the question of Independent candidate,
3.4 The Case Permanent Voter Registry Book in Zanzibar
The questions of permanent vote registry was another pressing issue related to human rights ,that was given priority during parliamentary debates this year and in many other national and international forums.The whole exercise of voter registrations was colored with all sorts of human violations.The rights to vote and the right to life, peace and security as provided by the laws of the country were highly curtailed to people of Zanzibar .Tanzania Electro law N0.11 of 1984 authorizes any citizen of Tanzania above 18 years to be registered as eligible voter.In Unguja and Pember many people were bared to be registered by Shehas on the ground that they are not registered as residents of Zanzibar. 
The constitution of Tanzania(supra),Article 5(1) and (2) and the constitution of Zanzibar Article 7(2) respectively speak of eligible voter.During the motion members of the house advised the goverment to see the possiblity of removing all the requirements in our laws that bars any citizen above the 18 years to vote including the requirement of residential identity card.One of the member of parliament is herein below quoted ;
“Sisi ndiyo tunaona yale mambo yanayotendeka. Sisi ndiyo tunaoshuhudia udhaifu ambao unafanywa na ukiukwaji mkubwa wa haki za binadamu… je, Tume ya Haki za Binadamu haioni ukiukwaji wa haki za binadamu unaofanywa kule Zanzibar wakati wa uchaguzi.” 
3.4 The right to education
“We have a choice to build our new Tanzania with people who have no weakness but who have spirit and purpose….creating new Africa is the job of Teachers.We have to create Africans with confidence…give your pupils knowledge that will make them dispise weakness. If you fail to do this as the teachers your also bunch of exploiters.” Mwl.Nyerere
The constitution of Tanzania never included education among the list of enforceable basic rights.Article 11 only recognize those rights and leave the task at individual level to struggle for their education. This is a glaring omission and therefore the constitution needs to be amended to make government responsible for education of its people at all level as it has provided by Article 13 of ICESC.
Former President Nyerere identified adult education as a primary means to achieve self-reliance and social development. The adult education in Tanzania program died a natural death and went alongside with Mwalimu. However, while primary education is mandatory, everything is worse on the grounds,50% of indigenous pastoralists children don’t even know the color of a book, no enough teachers ,Schools lack facilitities, the quality of education is poor and girls' participation, performance, and completion rates are significantly lower than for boys, particularly at the secondary level. The quantity became better than the quality; recently Tanzania came with political oriented campaign for establishment of Shule za Kata (secondary schools at ward level) without deliberating on how those would be effectively administered.
Tanzania's education system is embarrassed by ramshackle facilities, lack of teaching materials and inadequately trained and almost unpaid teachers. The education system is accidentally divided into two streams, Private schools falls under the first stream and government schools fall under the second stream. According 2009 form four results government schools particularly Shule za Kata performed miserably when compared with their counterpart private school. This is purely a death of equality amongst Tanzanians. Educations system is now creating a gape between the poor and the rich.
In my considered opinion, government schools performs miserably due ramshackle facilities like school building, laboratories, lack of teachers and teaching material and salaries and other entitlements to teachers are always astonishing. Teachers are not careful handled by the state instead they have been harassed, their debts left un paid and lack of hardship allowance particularly those teaching in remote areas.
To show extent of brutality of government to teachers 13 February 2009 19 teachers were caned by a police officer in front of their pupils after an investigation into poor exam results at three schools. The exercise of crucifying teachers was an order from top government official at the district level. Mr Leonard said he had been kicked by a police officer to make him lie before being beaten.
"He hit me everywhere; my legs, my chest, my arms, my hands. When it was over, I went to the hospital for treatment. I was given medicine but I still have a lot of pain in my chest," he said.
"I have not been able to teach since this happened. I feel inferior to the children now." 
Generally, education system in Tanzania is still disorganized from primary to higher education. The country experience boycott by university students almost every year. Recently even schoolteachers were seen in several times boycotting in order to get their rights.
In 2007 official district declared part of Loltepesi village in Sunya ward Kiteto a protected area, which lead to evacuation of all residents and the closing of the primary schools in Londrock hamlet. Officials ordered the transfer of student to Loltepesi primary school, which is located 14 kilometer from Londrok.That is to say the right of animals and the tourists are given first priority than the rights of citizens.(emphasis supplied).
3.5 Human Right Education
The level of human rights education in Tanzania is very low, the government and its institution are silent on Human rights education. Tanzania Commission for Human Rights and Good governance did nothing, if not on rare cases about human rights education.
Schools and Universities are reluctant in offering special courses on human rights. University of Dar es Salaam in 2000 introduced human rights law at the School of Law (Formely Faculty of Law) but only as an optional course. According to the research I have done as an assistant researcher with Prof B.Rutinwa on the role of University on Human rights education, we have noted that, the response from student is very minimal, only an average of 20-25 students opt for human right law and other human rights related law like refugee law, law of the child, International humanitarian law etc.
There is no any specific institute in the country that offers human rights education at all levels. It is as well very difficult to find a University or a college specifically offers degrees, diploma and certificates in human rights. Those few who are interested to learn and promote human rights a compelled to find universities or colleges abroad in countries like South Africa, Swiss, Sweden etc.This always became hard for them to pursue their goals, hence make the country with few experts of human rights at all levels.
The LHRC vigorously becomes a Champion in Human rights education, LHRC conduct various training almost in every region in Tanzania.LHRC trained paralegals in every district and support them with legal and human rights booklet to educate and help the community at grassroots level.LHRC Mass education unit answers to strategic purpose two on partnership for human rights and good governance and public engagement strengthened. The aim of the purpose is to provide the public with knowledge and skills on legal and human rights. Mass education unit works with the following output:
Public empowerment undertaken on land rights, human rights and good governance
Community based Organizations of paralegals and human rights monitors established and strengthened.
Strategic partnership with the media and like-minded organizations forged and strengthened
Media intervention strengthened, TV and Radio programs like Pambanua by Channel Ten became useful to raise awareness on human rights issues among Tanzania.
Some legal and human rights publication provided to the CBO libraries.
VLWs reading some publications provided to provide to them during training
3.6 Right to Life and Freedom from Torture
At the core of civil rights and liberties is the right to life. The right to life is the supreme right from which no derogation is permitted. The right to life is clearly set out in Article 6 of the International Covenant on Civil and Political Rights, 1966, which states;
“every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his life” In order to prevent the arbitrary deprivation of life, it is incumbent on states to ensure that the death penalty is only applied to the “most serious crimes”, prevent extrajudicial killings by their security forces, and prevent the deprivation of life by criminal acts.
In Tanzania, the right to life is a non-derogable right, as set out in Article 14 of the Constitution of Tanzania, 1977. However, the Constitution of Tanzania, 1977 allows the state to derogate from the right to life, if it is in accordance with the law. For instance, in Tanzania, the Penal Code Cap 16 provides for the use of the death sentence in specific circumstances. As such, it can be said that the right to life is not absolute in Tanzania.
3.7 The Death Penalty; a Puzzle Left Unsolved
Tanzania is one of 25 countries in the world that continues to retain the death penalty in its legislation. However, de facto, Tanzania is an abolitionist country, as there have been no executions in Tanzania since 1994. In October 2008, it was noted that there were 286 people on death row in Tanzania.58 Of the people on death row, 14 have been on death row for 10 years or more, while another 31 have been on death row for 5 years or more.
3.6 Extra-Judicial Killings; a Knife handled to lunatics
According LHRC 2008 Human Rights Report extra-judicial killing is a killing by a police officer or another state official that occurs outside of the ambit of the law, that is, it is illegal use of lethal force. In Tanzania, a number of extra-judicial killings occurred in 2008. According to LHRC country human rights reports; having pro-human rights laws in place is just one step towards effective protection. The second and most practical step is creation of machineries for coordinating or supervising implementation of the laws enacted to address the human rights.
In Tanzania the remedial bodies or enforcement machineries include the police, prisons, and judiciary and human rights institutions with specific statutory powers to enforce human rights promotion like the Commission for Human Rights and Good Governance (CHRGG); the Law Reform Commission of Tanzania (LRCT) and Prevention and Combating of Corruption Bureau (PCCB).
There were a number of reports in 2008 of the police using lethal force against individuals. For example, it was reported in May 2008 that there was tension between the police and Ngorongoro residents due to the police’s failure to investigate the death of a traditional Maasai leader, Shangai Ole Puta, who was shot by the police during a police raid. In July 2008, police killed six suspected robbers in the Kilombero district. The police fired a warning shot before engaging the suspects in a “full battle”, which resulted In the suspects’ deaths. The trial of Assistant Commissioner of Police, Abdullah Zombe, and 11 others is an example of extrajudicial killings that were committed on the orders of a superior. In 2006, the former Assistant Commissioner of Police, Abdallah Zombe, and 11 other police officers were charged with murdering three mineral dealers and a taxi driver.
3.9 Horizontal violation of Human rights
Recently Tanzania experienced violation of people’s rights not only by state machineries (vertical violation of human rights) but also violation of human rights between man to man. These, has been precipitated by lawlessness and poor security system in the country.Albuno killing is now serious problem in the country. Deaths as a result of mob violence continue to occur in Tanzania. According LHRC Human Rights Reports These killings contravene an individual’s right to life, as guaranteed by various international, regional and national legal instruments. Furthermore, mob violence usurps the judiciary’s role and deprives an individual of the procedural safeguards, such as the right to be heard and the presumption of innocence, that are inherent in the criminal justice system.
Mob violence generally occurs in Tanzania when a group of people believe another person has committed a crime of some sort. In the LHRC’s 2008 opinion survey, 9.11 percent of the respondents identified a lack of confidence in the police as a reason for mob violence, while a further 4.25 percent of respondents linked it to the remoteness of police stations.
3.9.1 Albino Killings
In the past two years the right to life has been increasingly violated in number of ways but mainly the killing of Albino. The vicious killings of Albino have become a National shame and embarrassment to our country. The current critical conditions towards Albino jeopardize their life and create fear. The former president of University of Dar es Saalam Human Rights Association had this to say about the killing of Albino during Mlimani Hard talk on how to battle atrocious killing of Albino in Tanzania;
“The war against these killings becomes all the more difficult because the law does not provide for the existence of witchcraft while individuals do,” says Onesmo Olengurumwa, president of the human-rights association at the University of Dar es Salaam.As a result, he says, albinos are forced into hiding, rarely attend school, can rarely stay employed, and fear for their lives. Others don’t even get the chance to live in fear. One victim last January was a seven-month-old girl”
Albino killing on other hand can is occurring due to the fact that people leave in extreme poverty due to unequal sharing of National cake. That the level between the poor and the rich is becoming serious problem in Tanzania. We must therefore deal with crimes by looking causations of crimes, as we can now see this problem is economically oriented. The killing of albinos in Tanzania has been linked to witchcraft. It is believed that an organ or body part of an albino can be used by a witchdoctor to manufacture a charm that will make a person wealthy.
Peter Salama who is also an albino and now a lawyer , had condemned the Government for delaying taking actions against the perpetrators of the killings during Mlimani talk on how to battle atrocious killing of albino.
According LHRC 2008 Report, in the past three years, there has been a steady increase in the number of albinos killed. In 2006, 25 albinos died in suspicious circumstances. Whereas it was reported that in the period October to December of 2007, 20 albinos were murdered, and more than 35 albinos were murdered in the period January to December of 2008 and the in 2009 everything became worse. While albinos were murdered in all regions of Tanzania, there was a greater concentration of these incidents in rural areas and, in particular, in the regions of Arusha, Mwanza, Shinyanga, Mara and Karega.
In January 2008, a five-year old albino was murdered in Mwanza and her organs removed. Her murder was associated with witchcraft; 123
In February 2008, a two-year old albino boy was killed in the lake zone. His blood was drained and some of his body parts were removed for use in witchcraft
In May 2008, Vumilia Doto Makoye, a 17 year-old albino girl, died after a group of people hacked off her right leg so that it could be used for witchcraft.
. In July 2008, Jovin Majaliwa was killed in his home in a remote Lake Victoria village. His attackers reportedly severed his right foot and genitalia. His wife, also an albino, was also injured;126 and,
In October 2008, an albino residing in Dar es Salaam was attacked when she was on her way home from a demonstration raising awareness about the plight of albinos in Tanzania. Her assailants hacked off one of her arms and, unsuccessfully, tried to hack off her other arm. This arm was later amputated.127
Furthermore, LHRC noted that in 2008, two trends emerged in incidents that were linked to witchcraft. The first trend was the continued persecution of people labeled as witches, while the second trend related to the killing of albinos for the purposes of witchcraft. Former Prime Minister Edward Lowassa addressed both these trends in January 2008 when he;
“urged local residents to desist from the habit of killing albinos and old people in relation to acts of sorcery”
People who are labeled as witches are often subject to violence and persecution. By and large, it is older women who are accused of witchcraft and are at risk of violent attack and even murder. In particular, older women with red eyes are targeted.
4.0 The Rights of Vulnerable Groups
Vulnerable group is the group in any community, which manifested to be discriminated or is in great chances of being discriminated than the rest. There are certain groups that tend to be marginalized, disenfranchised or disempowered by society because of characteristics that are unique to that group. These groups tend to be more vulnerable to human rights violations and less able to enforce their human rights. In Tanzania, there are six groups of people that can be classified as vulnerable groups: women, children, disabled persons, refugees, elderly persons; and minorities.
4.1The rights of the child
A child is a human being still in the growing stages and deserves all the care and attention to help him or her through the process. At the international and regional level, Tanzania is a signatory to a number of international and regional human rights instruments that are directed at protecting the interests of the child. For instance, Tanzania is a signatory to the Convention on the Rights of the Child, 1989, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000 and the African Charter on the Rights and Welfare of the Child, 1990.
Protection of children’s rights at national leave was somewhat fragmented as provisions dealing with children’s rights were scattered throughout various pieces of legislation, such as the Penal Code, 1930, the Law of Marriage Act and the Children and Young Persons Ordinance.
1n 2009 was great achievement to Tanzania after enacting specific law to deal with the rights of a child known as the Law of the Child Act 2009. This landmark legislation effectively domesticates the UN Convention of the Rights of the Child (CRC) and provides the legal framework through which the rights of the country’s children can be protected a promoted. Broad range of child legal protections would now be provided by the Child Law Act. Children are fully citizens of the country with rights like others. And the Government is the duty bearer to ensure that their rights are ensured. The Law of the Child reflects many of the most serious and pertinent issues facing children in Tanzania today. It addresses such issues as non-discrimination, the right to a name and nationality, the rights and duties of parents, the right to opinion and the right to protection from torture and degrading treatment
Below is the Jurisprudence behind Enactment of the Law of the Child
1. The law lays out the system for ensuring justice for children.
2. And it defines processes to ensure protection for children without families, including international adoption.
3. To create a conducive atmosphere for the protections of the right of the child as provided or enshrined in other international instrument on the rights of a child.
4. To protect and promote right of child by provide a single definition of who is child to be used by all discipline if laws.
5. To outline rights of a child considering the welfare of child, the right to life, child employment and vulnerable child.
6 To provide a good environment for the maintance of a child.
7. To provide strict rules of child adaptations.
8. To create an environment that avoids child discrimination.
Source: LHRC 2009 Parliament Watch mini research report
4.0 People Living With Disabilities
Tanzania is a signatory to the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, 2006, which came into effect in May 2008. The Convention sets out the rights of persons with disabilities in spheres such as civil and political, education, health, employment and social protection. However, the Tanzanian government is not a signatory to the Optional Protocol to the Convention on the Rights of Persons with Disabilities, 2006, which creates a complaint mechanism for individuals and groups.As Tanzania has failed to ratify the optional protocol, the Committee on the Rights of Persons with Disabilities’ jurisdiction is limited to considering the periodic reports submitted by Tanzania to the Committee.
At the domestic level, the government formulated the National Policy on Disability in 2004, which provides guidelines and sets parameters for services delivery to persons with disabilities. In addition, the Disabled Persons (Employment) Act, 1982 and the Disabled Persons (Care and Maintenance) Act, 1982 address the rights of persons with disabilities. These acts are outdated and fail to address the rights of persons with disabilities in a comprehensive manner. Many people living with disabilities still live under extreme level of poverty. Many of the don’t attend schools due to lack money as well due to poor facilities and infrastructure. The government is not serious in addressing the growing number of people living with disability moving around the cities harassed and humiliated.
People with disabilities are three times more likely to contract HIV/AIDS, as they are often excluded from receiving information about HIV/AIDS and they are less likely to receive HIV/AIDS-related services. We suggest that the government develop HIV/AIDS educational and service delivery programs that are specifically targeted at people with disabilities.
Globally, people with disabilities are more likely to be victims of sexual abuse, as they may not receive sexual education and may be less able to defend themselves against sexual abuse and rape; and The National Disability Policy recognizes that people with disabilities have the capacity to work. However, negative societal (and self) perceptions about a disabled person’s ability to work can create barriers to a person exercising their right to work. The inaccessibility of education and skills training facilities to people with disabilities also negatively impacts on their ability to exercise their right to work.
4.2 Rights of Minorities and Indigenous People
“The indigenous people have been a subject of ridicule by both the colonial and postindependence regimes in Tanzania. Instead of trying to understand and respect them and appreciate their ways of life, they have been characterised as backward, primitive and uncivilised. Their ways of life have and are seen as repugnant, unacceptable and not being in line with the current state of civilisation’ Peter Maina
The interests and needs of minorities and indigenous people are often marginalized by or subjugated to the interests of the dominant members of society. Minorities and indigenous people are often the victims of discrimination and human rights abuses. This section explores the situation of minorities and indigenous people in Tanzania.
The international community has found it difficult to create a comprehensive definition of what people constitute a minority. However, reference to the International Covenant on Civil and Political Rights, 1966 and the Declaration of the Rights of Persons belonging to National or Ethnic, Religious or Linguistic Minorities, 1993 suggests that minorities are those groups that have a unique ethnic, religious or linguistic identity. The
right of a minority to enjoy its own culture, practice its own religion and use its own language was first considered in the International Covenant on Civil and Political Rights, 1966. These rights were reiterated in the Declaration of the Rights of Persons belonging to National or Ethnic, Religious or Linguistic Minorities, 1993 and expanded to include an obligation on a state to take a proactive role in protecting and promoting the identity of minorities.
Indigenous people are sometimes grouped among minorities in a community. However, the very definition of minorities has been very elusive. At times, it is said that these are groups which in one way or the other find themselves disadvantaged because of their background, culture or traditions, religious beliefs and so on. It is also true that the question who is a minority and who is not is a fundamental question which has been a
Source of serious contention.
While indigenous people often form a minority, minorities are not necessarily indigenous people. At the international level, the rights of indigenous people are protected by the recently adopted United Nations Declaration on the Rights of Indigenous People, 2007. Like all declarations, this declaration is not binding on Tanzania. However, it provides a road map for the best practices that Tanzania could adopt to protect and promote the rights of its indigenous people.
Tanzania has several indigenous people, including the Maasai, Barbaig, Hadzabe, Ndorobo, Sandawe, Iraqw, Gorowa and Bugurni. Some of these indigenous peoples are nomads, gathers, hunters, collectors and fishers. There have been a number of conflicts between the Tanzanian government and indigenous people. These conflicts have primarily revolved around many issues including;: conflict over land use, where the government has appropriated customary land for the purposes of foreign investment or tourism; and
Some of the issues identified above threaten the ability of an indigenous people to survive as a distinct cultural group that has unique cultural practices, unique social organization and unique modes of production.
LHRC discovered that the two land conflicts that occurred between the government and indigenous people in 2008 and 2009 highlight the tension in Tanzania over appropriate land use. It also highlights the tenuous nature of the title to land held by most indigenous communities, as they generally hold customary title. Without formalizing their land rights, indigenous communities are vulnerable to having “their” land reallocated to a party that has obtained a formal right of occupancy to land. While it is commendable that the Land Act, 1999 recognizes a customary right to land, it does not specifically address the customary rights of indigenous groups, many of whom have a special relationship with the land they occupy.
The livelihoods of members of the Maasai pastoral community within the Loliondo Game controlled area in Ngorongoro District, Arusha Region has of late become threatened by the antics of a certain foreign hunting company operating in the area (OBC).According to FEM ACT report the malicious and ruthless operation to evict the Maasai communities was alleged to have affected eight Villages of the Loliondo division. The alleged villages were left in Unimaginable distress and utter poverty. The report further elaborates among other inhuman acts such as rape and torture; the Loliondo communities are alleged to have lost their properties and loved ones. It was alleged that more than two hundred Maasai bomas were totally burnt; women were raped; more than 3000 people left homeless without food and other social basic needs and more than 50,000 cattle were left with no grass and water.
Speaking during interviews with journalists and activists under the FemAct coalition, the villagers said they have been forced out of the villages they have lived in for years, into bone-dry areas with hardly any water or pasture for their livestock. “We are now living in extreme poverty and not sure of our future, since we solely depend on livestock for our survival? It is just a matter of time before our cattle all die due to lack of water and grazing areas,? said Ephraim Kaura, an elder from Ololosokwan Village
4.4 The rights of women
Tanzania is among the country in Africa, which is higly striving to realize and promote the rights of women in various aspect of life.Women are naturaly group of people who most of the time prone to all sort of human rights violations. The questions of FGM, the rights of pregnant women,early marriege, issues of inheritance and adminstrations of estates, land rights,Women cruelity ,sexual violance, human traficking,unemployment,marital cruelity and low level of involvement in decisión making are all pertinent issues when you of rights of Women in Tanzania.
The core international instrument on women’s rights is the Convention on the Elimination of all Forms of Discrimination against Women, 1979. The Convention on the Elimination of all Forms of Discrimination against Women, 1979 requires governments to ensure that women are not discriminated against in any sphere of life, whether public or private. The prohibition against discrimination on the basis of gender is contained in a number of other international and regional instruments to which Tanzania is a signatory, such as the International Covenant on Civil and Political Rights, 1966, the African Charter on Human and Peoples’ Rights, 1981 and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2000. In 2008, SADC also adopted the Gender and Development Protocol. The Constitution, 1977 explicitly prohibits discrimination on the basis of gender.
Women still experience discrimination in Tanzania and they are vulnerable to human Rights violations. Some of this discrimination stems from cultural practices and societal attitudes that are gender-biased, while some discrimination is as a result of laws that are discriminatory either in them or in their effect. This section will examine some of the key areas in which women’s human rights are violated, or in which there is discrimination against women.
FGM is practiced in Tanzania and, in particular, it is practiced in the regions of Arusha, Dodoma, Kilimanjaro, Kigoma, Manyara, Mara and Morogoro. 490 Between 1995 and 2005, the percentage of womenand girls who underwent FGM in Tanzania from declined from 18 percent to 15 percent. However, as communities are reluctant to discuss FGM, it is difficult to provide accurate statistics on the number of women and girls who currently undergo FGM. What is certain is that FGM continues to be practiced in Tanzania.
The following are the most common areas where the rights of women are highly violated in Tanzania ;
Involment in political and government decision bodies
The right to education
Issues of inheritance
Fewer employment opportunities
Issues of property and land ownership
5.0 Enviromental pollutions in Mining centers
Water from mining activities. The observations by Christian Council of Tanzania (CCT), LHRC and University of Dar es Salaam therefore suggested that both heavy metals through Acid Mine drainage (AMD) and Cyanide were leaking from waste rock piles and tailing dam down to river Tigithe.Then unknowingly, the innocent people of Nyamongo went on using polluted water from river Tigithe, as the results 20 people died, while leaving others in a careless handling of mining activities in mining centres became a usual practice in Tanzania. Investors in Tanzania have never been obligated to avoid enviromental pollutions when carrrieng out their activities. Gold mine companies never assume their responsibility of good practice to ensure that people and the environment are safer from their operations. It is only this year where innocent Tanzanian lost their lives after using polluted miserable life.
The issue of North Mara mine Acid spillage was highly discussed by the parliament to the extent of sending a Committee of Energy and Mineral to probe the matter. Even though the assembly had deliberations on the case of river Tigithe,still the effort of the parliament to make the the government accountable for its negligence is very minimal.
However, activists see a lot of setbacks in terms of full realization of human rights in the country. Among setbacks is failure by the Tanzania government to abide by Article 4 which calls for Right to Life and Integrity.
6.0 Conclusion Failing to abolish death penalty, Albino killings, extra- judicial killings where suspects are tortured and later on killed like what happened to a couple of suspects who were shot in Dar es Salaam sometime ago, are some of the setbacks. Mob justice still remain rampant with society taking law into own hands due to lack of confidence in the judicial system. The right to own land as stipulated by Article 14 of the Union Constitution still remains out of reach for many. Tabata dampo residents are a living example of the breaching act of the Article 14. Dwellers of the area have been displaced for sometimes now and there may be a solution at hand to compensate for their loss, but that can not compensate the suffering they have endured ever since their houses were demolished. Recently, the Swedish Ambassador to Tanzania, Staffan Herrstrom, insisted that human rights was a priority area for Sweden in Tanzania. Herrstrom called for abolishment of death penalty saying it was a violation of human rights. A lot has changed ever since the Bill of Rights was passed and assented. But a lot more needs to change, if Tanzanians are to fully enjoy their constitutional rights. It has been 20 years and the struggles must go on, if Tanzania is determined to clean its image in terms of guaranteeing her people full human rights.
Books, Articles and Papers
Assad, M and S. Kibaja (2007): “Resource Allocation and Challenges of Education Reform in Tanzania,” paper presented to Education Sector Review Workshop, October.
Ahmed, R. (2006): “Pemba as an Opposition Enclave: Reflections on Political Co-existence and Democratic Consolidation”, forthcoming.
Bakari, M. A and Mushi, S. S. (2005): “Prerequisites for Democratic Consolidation in Tanzania in Democratic Transition in East Africa, REDET Publications. Dar es Salaam: E&D. Limited.
Bakary, M.A. K (2006): “The Union and Zanzibar Constitutions” in Chris M. Peter and H. Othman (eds.) Zanzibar and Union Question. Zanzibar Legal Services Centre Publication.
Baregu, M. “Beyond the Myth of ‘Island of Peace’: Peace and Security Challenges Facing the Kikwete Government in Tanzania”, unpublished paper.
Chris Maina Peter, (2006): “Independence of the Judiciary in Tanzania: Many Rivers to Cross,” address at Kituo cha Katiba Zanzibar.
Makulilo A. B (2007): Tanzania: A De Facto One Party State? M.A. Dissertation: University of Dar es Salaam.
Mashamba, J. C. (2004): “Institutional Care and Support to Orphaned and Vulnerable Childre in Tanzania: A Legal and Human Rights Perspective” in National Organization fo Legal Assistance, Using the Law to Protect Children’s Rights in Tanzania: The Unfinished Business 17 (2004), supra note 1.
Makulilo A. B (2007): Tanzania: A De Facto One Party State? M.A. Dissertation: University of Dar es Salaam.
Mtaki, C.K and Okema, M (1994): Constitutional Reforms and Democratic Governance in Tanzania, Faculty of Law, University of Dar es Salaam
Mukangara, D. R (2002): “The Tanzanian Constitutional Review: Issues for Debate”. Paper Presented at the 8th REDET Workshop on Democratic Transition in East Africa, Bagamoyo, July.
Nyerere, Julius (1995): Our Leadership and the Destiny of Tanzania, Harare: African Printing Group.
Olengurumwa, O (2010): “1990’s Land Law Reforms and its Impact on Pastoral land Tenure.” Paper presented during one Day Consultative workshop towards Tanzania Pastoral Week.February.
Olengurumwa, O (2009): “Untold Stories of Ngorongoro”, Paper Presented at the University of Dar es Salaam during the Marking of 2009 Human Rights Day. 12 December.
Shivji, I. G. (2003): “Constitutional Limits on Parliamentary Powers” in The Tanganyika Law Society Journal
United Republic of Tanzania [URT] (1977): The Constitution of the United Republic of Tanzania
Afro barometer and REPOA (2006): Combating Corruption in Tanzania: Perception and Experience, Afro barometer Briefing Paper.
African Peer Review Mechanism (2008): a Survey on Stakeholders’ Views on Social Economic Development in Tanzania.
Femact Loliondo Findings Report 18th -19 August 3,2009
Kikwete English Version Speech, on inaugurating the Fourth Phase Parliament of the United Republic of Tanzania, Parliament Buildings, Dodoma, 30 December 2005.
LHRC Local Government Election Monitoring Report, 2009
MOEVT (2007): Basic Education Statistics in Tanzania (BEST).
Research and Analysis Working Group (2003): Poverty and Human Development Report 2007, Dar es Salaam: Mkuki na Nyota Publishers.
Research and Analysis Working Group (2005): Poverty and Human Development Report Dar es Salaam: Mkuki na Nyota Publishers.
Research and Analysis Working Group (2007), Poverty and Human Development Report 2007, Dar es Salaam: Mkuki na Nyota Publishers
Tanzania Country Self Assessment Report (APRM) of July, 2009
Tanzania National Programme of Action.Vol II July 2009
Tanzania Human Rights Report of 2005
Tanzania Human Rights Report of 2006
Tanzania Human Rights Report of 2007
Tanzania Human Rights Report of 2008
Tanzania Human Rights Report of 2008
TEMCO (2001): “Report on the 2000 Tanzania General Elections”, Tanzania Election Monitoring Group.
TEMCO Report (2006): “ The 2005 General Elections in Zanzibar: How Free and Fair?”
TGNP (2006): “Gender Mainstreaming in Development Policies and Programmes”, Policy Dialogue Seminar at ESRF, May.
Transparency International (2007): The 2006 Transparency International Corruption Perceptions Index
United States Agency for International Development (USAID). 2004: “Public Expenditure and Service Delivery Monitoring in Tanzania: Some international best practices and a discussion of present and planned Tanzanian initiatives,” Report.
United Republic of Tanzania (2008): MKUKUTA Annual Implementation Report 2007/08, Dar es Salaam: Ministry of Finance and Economic Affairs.
UNDP Human Development Report of 2009
 Nyerere,J (1966) Freedom and Unity, Dar- es- Salaam, Oxford University Press, p. 311 see also Peter,M (1997),Human Rights in Tanzania: Selected Cases and Material.p 2
 Peter,M (1997),Human Rights in Tanzania: Selected Cases and Material.p 2
 Bisimba,H & Peter, M (2009), “Mwalimu Nyerere and the challenge of human rights” see also http://www.pambazuka.org/en/category/features/59511.
 Peter. Op.cit.,p 17.
 Parliamentary Debates (1962) National Assembly 3rd Meeting ,Hansard Report see also Peter.,Ibid.,p 3
 Peter.,Loc.cit.,p 3.
 Bisimba & Peter.,Op.cit
 (1973) LRT No.6
 Basic Rights and Duties Enforcement Act, 1994, Cap. 3, R.E. 2002.
 International Covenant on Civil and Political Rights, 1966 (adopted 16 December 1966, entered into force 23 March 1976, ratified by Tanzania 11 June 1976) 999 U.N.T.S. 171; African Charter on Human and Peoples’ Rights, 1981 (adopted 27 June 1981, entered into force 21 October 1986, ratified by Tanzania 18 February 1984), (1982) 21 ILM 58; International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, 2006 (adopted 13 December 2006, entered into force 3
May 2008, ratified by Tanzania 30 March 2007) UNGA Res A/61/611.
 Government of Tanzania, ‘Fourth periodic report of the United Republic of Tanzania to the United Nations Human Rights Committee’ (17 December 2007) CCPR/C/TZA/4 (Fourth report to the UNHRC). at pp. 7 – 8 See also LHRC 2008 Human rights report.
 See LHRC Publications at www.humanrights.org
 See Tanzania Country Reports on Human Rights Practices - 2002 Released by the Bureau of Democracy, Human Rights, and Labor March 31, 2003
 Tanzania: Human Rights Advocated in Tanzania," Africa News Service, Inc., 6 October 1997.
 22 U. S. Department of State, Department of State Human Rights Country Reports 1996, February 1997, on-line. Amnesty International, Amnesty International Report 1997: Tanzania
 See LHRC Publication at www.humanrights.org
 Rev. Christopher Mtikila v Attorney General, Civil Case No. 5 of 1993 (High Court at Dodoma) (unreported), decision delivered by Lugakingira J.; E Kagaruki ‘The court’s ruling on independent candidates must be respected’ Sunday Citizen (Tanzania) 1 June 2008.Also see www.humanrights.or.tz
 Hansard Report (2009).16th Parliamentary Sessions – 18th meeting ,p100
 Ibid, p 258
 Rajani, R et al(ed) (2006),Nyerere on Education p.76
 BBC News, 13 February 2009. Shock as Tanzania teachers caned.
 LHRC(2007),Tanzania Human Rights Report.p 53.
 See www.lhrc.or.tz
 Rugonzibwa,P ‘CJ wants review of human rights law’ Daily News (Tanzania) 29 October 2008; S. 10 of the Basic Rights and Duties Enforcement Act, 1994, sets out the requirement for a three judge panel
50 Written response of unnamed employee to LHRC questionnaire, employee of the LHRC Buguruni Legal Aid Clinic (Dar es Salaam, Tanzania November 2008).
 Arts. 14 and 31 of the Constitution of Tanzania.
 See LHRC 2008 Human Rights Report.
 See LHRC Publications at www.humanrights.org
 R. Luhwago ‘Police chief to meet villagers’ The Citizen (Tanzania) 8 May 2008.
 13(6)(b) Constitution of Tanzania, 1977.
 Responses to LHRC opinion survey by interviewees (Tanzania January to November 2008
 International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, 2006 (adopted 13 December 2006, entered into force 3 May 2008, ratified by Tanzania 30 March 2007) UNGA ResA/61/611
 Optional Protocol to the Convention on the Rights of Persons with Disabilities, 2008 (adopted 13 December 2006, entered into force May 3, 2008, not ratified by Tanzania) UNGA Res 61/106.
 Ministry of Labour, Youth Development and Sports ‘National Policy on Disability’ (Governmental Policy July 2004) (National Policy on Disability), at p. 3.
 Disabled Persons (Employment) Act, 1982, Cap. 184, R.E. 2002; Disabled Persons (Care and Maintenance) Act, 1982, Cap. 183, R.E. 2002.
 Peter,M(2005), Human Rights of Indigenous Minorities In Tanzania And The Courts of Law.p1
 ‘Indigenous people and minorities: A global and historic assault’ IRIN (News article March 2006)
 See: UNGA ‘Declaration on the Rights of Persons belonging to National or Ethnic, Religious or Linguistic Minorities’ (18 December 1992) UN Doc A/Res/47/135.
 On the definition of minorities and its limitations see inter alia, JOHNSSON, Christina, Nation States and Minority Rights: A Constitutional Law Analysis, Uppsala: Universitet, 2002, p. 20; and PENTASSUGLIA, Gaetano, Defining “Minority” in International Law: A Critical Appraisal,
Rovanemi: Northen Institute for Environmental and Minority Law – Arctic Centre, University of
Lapland, 2000.See also Peter., Op.cit .,p 2
 See LHRC 2008 Human Rights Report or www.humanrights.or.tz
 Femact Loliondo Findings Report 18th -19 August 3,2009. See also Olengurumwa, P (2009), Untold Story of the Ngorongoro District. A Paper Presented during the Marking of Human Rights Day 12th, dec, 2009 at the University of Dar es Salaam.p 12
 Olengurumwa.,Op.cit p 13
 Adopted December 18, 1979, entered into force September 3, 1981, ratified by Tanzania 20 August
1985) 1249 UNTS 13.
 Convention on the Elimination of all Forms of Discrimination against Women, 1979.
 Ibid Art. 7; 11; and, Art. 16.
 Art. 4 of the International Covenant on Civil and Political Rights, 1966; Art. 18 of the African Charter
on Human and Peoples’ Rights, 1981; Art. 2 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2000.
Art 12 of the Constitution of Tanzania, 1977
 LHRC 2008 Human Rights Report
 Hansard Report (2009) 16th Parliamentary sessions– 38 meeting.p 19