Tuesday, May 11, 2010

STATE OF HUMAN RIGHTS IN TANZANIA

STATE OF HUMAN RIGHTS IN TANZANIA

“FOURTH PHASE GOVERNMENT DELIVERING THE PROMISE”
TO BE PRESENTED DURING THE SPECIAL CONFERENCE ON 4TH
JUNE, 2010 ON THE SUCCESS AND CHALLENGES OF THE FOURTH
PHASE GOVERNMENT

ORGANIZED BY ECONOMIC AND SOCIAL RESEARCH FOUNDATION

“The Fourth Phase Government will respect and protect civil and political rights and freedoms;
but only to the extent that this does not undermine national peace, security, unity and concord.
True freedom is not without limit. Limitless freedom is anarchy. That will not be allowed during
my watch” J. Kikwete, 2005

By Onesmo P. Olengurumwa
Legal Officer
Legal and Human Rights Centre
Mobile: +2550717082228/0783172394
Fax: +255 22 2773037
Tell: 22 2773038
Email:olengurumwa@yahoo.com
ii
TABLE OF CONTENT
List of Abbreviations and Acronyms .......................................................................................................................................... iii
ABSTRACT ...................................................................................................................................... iv
1.0 Introduction .................................................................................................................................... 1
2.0 State of Human Rights in Tanzania ...........................................................................................
2.1. Negative Trends ............................................................................................................................. 2
2.1.1 Human Rights Protection system at National Level ................................................................ 2
2.1.2 Lack of Political will .................................................................................................................... 3
2.1.3 The Bill of Rights: Half Empty......................................................................................................6
2.2 Positive trends. ............................................................................................................................... 10
3.0 Conclusion ........................................................................................................................................ 10
4.0 Recommendation ............................................................................................................................. 10
5.0 References ........................................................................................................................................ 11
6.0 Annexes ..................................................................................................................................... ...... 13

List of Abbreviations and Acronyms

APRM African Peer Review Mechanism
BoT Bank of Tanzania (the 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
DC District Commissioner
DPP Director of Public Prosecution
FemAct Feminists Activism
FGM Female Genital Mutilations
FFU Field Force Unit of the Police Force of Tanzania
GCA Game Controlled Area
G.N Government Notice
ICCPR International Covenant on Civil and Political Rights of 1966
ICESCR International Covenant on Economic, Social and Cultural Rights
IMF International Monetary Fund
LHRC Legal and Human Rights Centre
LSRP Legal Sector Reform Program
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

ABSTRACT

This paper focuses on the success and challenges of the Tanzanian FOURTH PHASE
GOVERNMENT particularly in the field of Human Rights. The concept of constitutional and
rule of law, the aspect of human rights in particular will be central part to the paper. This paper
will discuss areas of human rights where the fourth phase government has failed to respect,
promote and protect. During President Kikwete’s regime Tanzania had the opportunity to
consider the improvements and failures in its efforts to achieve the goal of realizing justice,
liberty and human rights for all since the inception of the Bills of Rights in the country’s
Constitution. Some Positive trends can be noted in the realization of human rights in Tanzania
during Kikwete’s regime, while there were also some negative trends. The negative trends
prevented Tanzania from fulfilling its obligations under the Universal Declaration of Human
Rights; 1948 and the major International Human rights Instruments. These negative trends are
drastically becoming an impediment to development since most of the time people are found
struggling for their rights instead of engaging in development process. The most notable
violations of human rights which took place during Kikwete’s regime were such as continued
mob violence, spacious increase of violence associated with witchcraft beliefs like Killing of
albinos, unlawful evictions, infringement of economic and social rights, poor remuneration,
Women, children and people with disabilities continue to face challenges with discrimination,
sexual violence, and an inability to realize their human rights. Commitment to civil and political
rights is extremely low. The police constitute one of the major human rights violators. Human
rights and issues of good governance are intertwined, and therefore in this regard it becomes very
crucial to address issues of human rights when assessing the five years of the fourth phase
government.

1.0 Introduction

Since independence Tanzania passed through different regimes. Every regime has had something
unique to be noted. Each phase of national leadership since independence has had its own central
tasks. The first phase, under Mwalimu Julius Kambarage Nyerere, and later with Sheikh Abeid
Amani Karume, created a united nation. During the first regime, Ujamaa policy, Haki Sawa
kwa Wote (Equality for All),Unity and Self Reliance Economy were the most valued policies
by the first President Mwalimu Nyerere. Liberazation policy was an order of the day during
second regime under ‘Mzee wa Ruksa’1 President Ali Hassan Mwinyi, he expanded the horizons
of political and economic freedoms. Mwinyi opened the door for every thing to come in without
consideration on the impact of the same to the welfare and the growth of the Nation. The global
policies of globalization, good governance and privatization came to be the beautiful songs
which dominated the third regime in Tanzania under President Benjamin William Mkapa with a
chorus of Openness and Transparence. He created a favourable environment for foreign
investors by giving them red carpet treatment. The song of good governance continues under
President Kikwete with a chorus of Maisha Bora Kwa Kila Mtanzania (A better life for every
Tanzanian) in the current 4th regime. This paper focuses on the success and challenges of the
FOURTH PHASE GOVERNMENT particularly in the field of Good governance and Human
Rights. The status of good governance in Tanzania can be assessed by looking at the different
areas that as a whole make up the governance realm.

The concept of constitutional and rule of law, the aspect of human rights in particular are central
to this paper. I believe that good-governance programmes including respect for human rights
have met with criticism because it is not always shown clearly how the majority of citizens are
going to benefit from such efforts. President Jakaya Kikwete assured the Parliament of his
government’s commitment to good governance, public accountability, rule of law and respect for
human rights. After his five years of leadership Kikwete’s regime can be described as the
government regime that miserably failed to honor its promises related to the respect for human
rights. We still have challenges of institutional weakness, constitutional and legal constraints,
and the increase rate of human right violations, corruptions and mismanagement of natural
resources. Unemployment and expanding gap between rich and the poor are yet in the chart of
the major challenges of the day. On the other hand the country lacks participatory, democratic
and transparent decision- making environment. The main objective of this paper is to assess the
challenges and success of the fourth phase government in the field of human rights. The study
has been conducted specifically to those areas relatively connected to the protection and
promotion of human rights. Both secondary and primary methods of data collection were
effectively employed.

1 Mzee wa Ruksa is a nick name given to President Ally Hassan Mwinyi the second Phase government President
because in his time he allowed and ushered in things which were not in place before, such as trade liberalization
,Ruksa is a Swahili word meaning Permission.

2.0 State of Human Rights in Tanzania

During Kikwete’s regime Tanzania had the occasion to consider the improvements and failures
of the country to achieve the goal of realizing justice, liberty and human rights for all since the
inception of the Bills of Rights in our constitution. Some Positive trends can be noted on the
realization of human rights in Tanzania during Kikwete’s regime, though there were also some
notable negative trends. These negative trends barred Tanzania from fulfilling its obligations
under the Universal Declaration of Human Rights, 1948.

2.1. Negative Trends
It is my findings that, the fourth phase government failed to honour some of its promises relating
to promotion and protection of human rights. When addressing the Parliament in Dodoma on 30
December, 2005, the President of Tanzania, His Excellency Jakaya Mrisho Kikwete had this to
say;

“The Fourth Phase Government will respect and protect civil and political rights and freedoms;
but only to the extent that this does not undermine national peace, security, unity and concord.
True freedom is not without limit. Limitless freedom is anarchy. That will not be allowed during
my watch”2.

On the ground there is a slight relevance of the above statement and what took place during the
fourth phase government regime. In five years the country witnessed rampant increase of human rights violations which embarrassed the country both at National and International levels. The following discussions will critically analyze the human rights violations which took place during the fourth phase government. This presentation is structured to summarize and supply reasons for the most continuous and distinguished human rights violations which took place during the fourth phase government.

2.1.1 Human Rights Protection System at National Level

For a country to be said as respecting and promoting human rights, it must before all ratify and
domesticate all international human rights instruments. Tanzania as a 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;3 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, judiciary and human rights institutions with specific statutory powers to enforce human rights

2 The Speech by the President of the United Republic of Tanzania, His Excellency Jakaya Mrisho
Kikwete, on inaugurating the Fourth Phase Parliament of the United Republic of Tanzania, Parliament Buildings, Dodoma, 30 December 2005. Page 4 Paragraph 3 of the English Version Speech. See also LHRC Tanzania Human Report 2006 at page18.
3 See LHRC Publications at www.humanrights.org
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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). Therefore, whoever wants to assess the state of human rights in any country like
Tanzania must before all, asses the strength of the above mentioned bodies in protecting and
promoting human rights at domestic stratum.
Since the inceptions of the above remedial bodies in Tanzania, the state of human rights in the
country left many questions to be desired. Focusing on the five years of the Fourth Phase
Government, the country experienced an increase rate of human rights violation both vertical
and horizontal violations. This has been due to institutional failure and weakness of the above
remedial bodies. Many of the setbacks have been researched and documented by LHRC Human
Rights Reports of 2005-2009.4For instance LHRC 2008 Report provides that, there are two
constitutional provisions that, encroaches the independent operation of the CHRGG. The
CHRGG is a government institution mandated by the constitutions of Tanzania to promote
human rights and advise the government on issues of human rights. The presidential prerogative to appoint commissioners effectively allows the President to control the composition of the CHRGG, which could result in the CHRGG being composed solely of people who have
favourable views of the government and create a bias in the CHRGG’s decisions. This would
undermine the efficacy and relevancy of the CHRGG, as a watchdog for human rights in
Tanzania. The second apprehension, is a claw back clause in the Constitution of Tanzania, 1977
that authorizes the President to give directions or orders to the CHRGG regarding any matter, if
the President is satisfied that it is in the public interest to do so. The third factor, which is a nonlegislative factor, which affects the independence of the CHRGG, is the political environment in which it operates.5

In broad-spectrum, the increase rate of human rights violation in Tanzania during fourth phase
government has in one way or another being contributed by failure of the government institutions responsible for promotion and protection of human rights. Police forces have all the time being condemned as the most violator of human rights in Tanzania. I will revert back to police forces and prisons when discussing vertical violations of human rights in Tanzania
2.1.2 Lack of Political will Political will can be termed as another very important aspect to be taken into consideration when assessing state of human rights in any country. As a whole, I have noted there was lack of willingness and readiness of the fourth phase government officials to promote and protect human rights. For principles of good governance and human rights to be effectively adhered, political and individual willingness of government official becomes very crucial. For instance, 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 Kijo-

4 www.humanrights.org
5 LHRC (2008)Human Rights Report pp 141-142
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Bisimba and Prof Chris Maina Peter on the way they describe Mwalimu Nyerere in relation to
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.’6
Submission by Kijo-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 message from the above quotation points out that Mwalimu cared much about the rights of
the majority that is the whole community and not rights of individual. That is what Kijo -
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.”7
But when describing leaders of today in human rights perspectives, you can easily note that
whatever they do today that could be interpreted as the violating human rights can always be
explained in wider benefit to individuals. We have witnessed innocent Tanzania being
unlawfully evicted from their residential areas to allow individual investment companies or
government related projects. We have as well witnessed government officials signing dubious
government contracts at the expense of Tanzanians. The fourth phase government failed to honor its promise on the question of rule of law and good governance, President Kikwete promised the parliament on 2005 when addressing the assembly that,

‘My government will be guided by good governance, transparency and accountability. We will
respect the rule of law, and we will respect the principal of separation of powers between the
Executive, the Legislature and the Judiciary. And we will empower each branch to discharge its
responsibilities. The Fourth Phase Government will strengthen the public service and fight
social ills without fear or favour”.

Surprisingly, the fourth government was noted struggling to nourish the existence of ruling party by suppressing individual who confidently became champions of democracy and rule of law
during fourth phase government. The ruling party which comprises the executive is vehemently
struggling to suppress the accountability of executive to parliament. During CCM (NEC) regular

6 Kijo-Bisimba & Peter, M (2009), “Mwalimu Nyerere and the Challenge of Human Rights” see also
http://www.pambazuka.org/en/category/features/59511.See also Chachage & Cassam African’s
Liberation and the Legacy of Nyerere.
7 Ibid
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meetings in August 2009, they discussed the possibility of expelling parliamentary Speaker
Samuel Sitta and other more vocal MP’s whose anti-corruption drive has threatened corrupt
party figures8. Instead of being accountable to issues raised during parliamentary sessions, the
executive has been busy pointing a finger to vocal MP’s. It should be noted that, the action taken
by NEC against the Speaker of the parliament was unconstitutional. Article 100 of the
Constitution of the United Republic of Tanzania (URT Constitution) of 1977 confers the MPs
with immunity from civil and criminal proceedings for all matters discussed in the National
Assembly

The same government in 2009 neglected to implement the decision of the judiciary given in
favor of indepent candidates during 2010 general election. In reverse the government launched
an appeal challenging the legality of high court to declare the provision of the constitution
unconstitutional. The government is reluctant to be open and cooperative with MPs on serious
issues particularly issues related to human rights violations.Eg the case of Loliondo, Kipawa
evictions, North Mara Gold mine and many others.This proves that, executive is still more
powerful than the parliament in our country. Tanzania witnessed various human rights violations and corruptions scandals, yet the parliament to some extent has failed to make government official accountable9. Many resolutions and recommendations passed by parliament were never being timely and properly implemented.

The case of Loliondo unlawful eviction was a hot agenda in 2009 parliamentary debates, as well
as national and international forums. This happened after malicious and ruthless operations
carried out in Loliondo by Police forces in collaborations with OBC10. 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.”11 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.)

Many groups of innocent Tanzanian have been unlawfully evicted from their areas, where they
have lived for years. Both in rural and urban areas evictions were done without following due
process of the law. Members of parliament during parliamentary debates vehemently discussed
the matter with stumpy response from the government. Pastoralists have lost their homes and
properties during evictions in many parts of the county. For instance in Kilosa, evictions left

8 John Danieli (2009): Sitta atikiswa ndani ya NEC, Majira Monday, 18 August 2009.
9 See Article 63(2) of the Constitution of United Republic of Tanzania
10 The eviction in Loliondo game controlled area was brutally carried out leaving Maasai pastoralists
homeless after burning to ash their habitat in favour of an investor from Arab.
11 16th Parliamentary sessions– 27 meetin p 96.

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many pastoralist homeless. Many of them lost their cattle and money.12 In another instance a
designated and registered village with a population of 2800 people, 388 heads of cattle, 216
goats, 280 donkeys and 2800 pigs was gazetted by government order as part of Kitulo National
reserve for wildlife.13 In a similar incident, a foreign investor in Selous in Morogoro (Sable
camp) converted some land belonging to Kisaki village to a game camp.14 Recently, the
government embarked on a rather controversial operation that ended in a movement of hundreds of pastoralists and their herds of cattle from Ihefu in Mbarali District to Lindi and Mtwara regions. Immediately this year Kipawa residential houses were demolished to dust to pave the way for the expansion of the Julius Nyerere International airport. The exercise was carried out while the alternative plots were still in disputes15

According to the APRM Survey, 2008, the ordinary people’s opinion regarding the rule of law in
the country is sharply divided almost in half. Whereas 56.9 percent of the respondents said that
the rule of law is always or often respected, 43.1 percent of the people are of the view that it is
sometimes, occasionally respected or not respected at all.16 With all the incidences mentioned in
this paper I confidently state that, the rule of law in Tanzania has been suspended allowing
government officials to use administrative powers and authorities at the expense of the majority.
Prof Shivji defines rule of law by outlining its minimum elements. According to him, rule of law
embodies the following elements:17

(i) Exercise of political and public power in accordance with the law or rules;
(ii) The law should be made by a representative body duly authorized by the people to make law;
(iii) The law must be just and fair;
(iv) The makers of the law should not be the same people who determine what the law means;
(v) The law should treat all human beings equally regardless of their origin or socio-economic condition;
and
(vi) The law should not be contrary to basic human rights
2.1.3 The Bill of Rights: Half Empty

The most distinguished violations of human rights which took place during the Kikwete’s
regime were the continued use of mob violence, spacious increase of violence associated with
witchcraft beliefs like Killing of albino and elderly mothers, unlawfully evictions,
unemployment, poor remuneration, Women, children and people with disabilities continue to
face challenges with discrimination, sexual violence, infringement of economic rights and
political rights in the context of the right to freedom of association, the right to freedom of
assembly, the right to participate in public affairs, free and fair elections and an inability to
realize human rights. Poverty and corruption continue to be major obstacles to the realization of
12 16th Parliamentary sessions– 27 meeting.
13 The Daily Times, Mar. 7, 2006.
14 Tanzania Daima, Mar. 7, 2006.
15 See LHRC Kipawa incidence Fact Finding Mission report on March, 2010 in
LHRC/HRM.VOL.XVII/124
16 See APRM Report, 2009.
17 Shivji, I. G. (2003) “Constitutional Limits on Parliamentary Powers” in the Tanganyika Law Society
Journal, October, pp. 45-46.
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human rights in Tanzania. The state of political rights in Tanzania in the context of the right to
freedom of association, the right to freedom of assembly, the right to participate in public affairs
becomes of inferior quality every year. Some of the mentioned violations are just continuation of
the previous violations but with different magnitude. Albino Killing is an example of the
distinguished violation manifested during Kikwete regime.
2.1.3.1 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 individual
persons. These, have been precipitated by lawlessness and poor security system in the country.
Albino killings and killings related to witchcraft have now turned out to be serious problems in
the country. Deaths as a result of mob violence continue to occur in Tanzania. Domestic
violence and theft related killings rose considerably. According LHRC Human Rights Reports
these killings contravene an individual’s right to life. 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.18 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 4.025 percent of respondents linked it to the remoteness of police stations.19 (The killing
of albino’s was a new manifestation in this government, According to LHRC Reports a total of
50 albino have already been killed since 2008 to 2010)20
2.1.3.2 Vertical Violations of Human Rights

As mentioned earlier some of the state machinery entrusted to safeguard the rights of people like Police and Prison have been marked as the most leading government institutions in violating
rights of people. 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.
Among others the objective of the MKUKUTA (2005 – 2010) was to attain extensive outcomes
to improve personal security, reduce crime, and eliminate sexual abuse and domestic
violence.21This was operationalized to ensure remedial bodies such as the police, courts and
prisons observe and respect human rights and ensure justice and security for all citizens.
Unexpectedly, there were a number of reports in 2006, 2007, 2008, 2009, and 2010 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.22 In July 2008, police killed six suspected robbers from Kilombero district. 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. 13 February 2009, 19 teachers

18 13(6) (b) Constitution of Tanzania, 1977.
19 Responses to LHRC opinion survey by interviewees (Tanzania January to November 2008
20 See LHRC Human Rights Report of 2008 p 23 and LHRC 2009 Report p 21.
21 See: Cluster III, Strategic Goal Number 6 of the MKUKUTA (2005 – 2010).
22 R. Luhwago ‘Police chief to meet villagers’ The Citizen (Tanzania) 8 May 2008.
8
were caned by a police officer in front of their pupils after an investigation into poor exam
results at three schools.(Citation?) The exercise of crucifying teachers was an order from top
government official at the district level. Mr. Leonard (One of the crucified teachers) 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." 23
2.1.3.3 State of Democracy and Political Rights

In 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 dense registration
requirements. LHRC supported the amendment of this Act to streamline the registration process for political parties and coalition parties. LHRC urged the government to facilitate the freedom of association by encouraging the emergence of new political parties, either as standalone political parties or as coalition parties. Under the new law (2008 amendments), a new Section (11A) to the principal legislation seemingly allows registered parties to unite. However, in practice, the unity or alliance envisaged is weighed down with unfair conditionality, including a requirement that leaders of the parties which unite should resign from all the political party positions they hold by virtue of being members of the alliance.24The 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 eliminate KANU from power. 25
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. 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. 26 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.” 27(We are the
only observers of whats happens in Zanzibar, we observe the weakness of our leaders …Where
is the CHRGG? ..Is CHRGG blind to see human rights violations in Zanzibar during elections?)

2.1.3.4 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. These groups tend to be more vulnerable to
human rights violations and less able to enforce their human rights. In Tanzania, there are six
23 BBC News, 13 February 2009. Shock as Tanzania teachers caned.
24 See LHRC Publication at www.humanrights.or.tz
25 Olengurumwa, O (2010) “Human Rights in Tanzania: Two Decades of the Bill of Rights, the Best or
the Worst?”p 9.
26 Hansard Report (2009).16th Parliamentary Sessions – 18th meeting ,p100
27 Ibid, p 258
9

groups of people that can be classified as vulnerable groups: women, children, disabled persons,
refugees, elderly persons; and Indigenous/minorities. 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.28
Big chunks of land have been offered to the foreign investors at the expense of local
communities.
A very recent example was an offer to United Arab Emirates Limited to buy a
piece of land that host 3000 Hadzabe indigenous community in Northern Tanzania. In 2009, the
pastoralists of Matai, Mkowe, Msanzi and Sopa wards of Sumbawanga District, Rukwa Region,
were forceful evicted from their villages they lived for years. Additionally, the LHRC finding
provides that, they were seriously and unlawfully fined by the local government officials,
including the District Executive Officer and the Ward Executive Officers.29 In 2009 Maasai
families were maliciously and ruthless evicted from their Bomas (Maasai traditional houses) in
favour of an Arab company OBC.

2.1.3.5 Unemployment and Right to development
Rights to development include also the increase and enhancement of peoples’ skills, education
and ability to utilize available resources for their individual and national development. President
Kikwete again promised the Nation that one millions employments would have been created
during his first five years. He assured the parliament every citizen would have a better life, he
guaranteed worker’s remunerations to rise considerably. In the contrary, for the first five years,
the country experienced the problem of street hawkers (Wamachinga), other urban migrants
(street children, beggars and prostitutes) suffer frequent raids without a clear policy addressing
their dilemma either at the local government level or national level, given the motto of the
government “Maisha bora kwa kila Mtanzania” one would have expected a big plan to address
this issue if not an implemented plan at this point in time. According to APRM report the
problem of youth unemployment, especially in urban areas is still rising. The country observed
conflicts featuring the mining firms versus local artisan miners. According to the findings of a
recent study carried out by a non-governmental organization, Reference Group, a total of
400,000 artisan miners have been thrown out of work following the arrival of multinational
mining companies since the 1990s30

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’ ward secondary schools performed miserably when compared with their
counterpart private schools. This is purely a demise of equality amongst Tanzanians. Education
system is now creating a gap between the poor and the rich. President Kikwete when addressing
the parliament he assured the Nation that, education will be used to maintain Unity31.
28 www.humannrights.org.
29 HRM Monitor for Sumbawanga, LHRC/HRM.VOL.XVI/89, 17/3/2009.
30 See APRM 2009 report
31 See President Kikwete speech p 9
10
The five operational years of MKUKUTA proved failure on the ground. The individual income
earning especially in the informal sectors experienced a drastic fall. MKUKUTA has failed to
reduce problem of income poverty, improve quality of life and social well being. My observation
is strongly supported by the UNDP Human Development Report of 2009.32 When assessing
human development indicators, UNDP ranked Tanzania in position number 151 out of 182
countries worldwide. The employment entitlements such as remuneration to civil and private
servants remain to be a great challenge to the government despite the promise of “Maisha bora
kwa kila Mtanzania”. To prove the above allegation, TUCTA declared 5th May 2010 as a day for
all civil servants and employees from private sector to boycott against their employers.

2.2 Positive trends.
Despite the fact that the state of human rights in Tanzania is half empty there are some
progressive elements in few areas. In February 2008 the parliament of Tanzania made 3
ministers including the Prime minister accountable for Richmond emergence power scandal
given to Richmond Development Company LLC from Houston Texas United States of America
in 2006. During the Kikwete regime Tanzania ratified and domesticated some of the important
conventions on the rights of vulnerable groups. For instance Tanzania managed to domesticate
the international conventions on the rights of a child of 1989, Convention on people living with
disabilities and Maputo protocol on the rights of women. I also commend the work done by the
state of creating new offences like human trafficking. Tanzania has also come up with a brilliant
and participatory program of security called Polisi Jamii (Community Policing).

3.0 Conclusion
As stated earlier the fourth phase government promised many things including respect for human
rights and the rule of law. Despite few positives trends, the fourth phase government was
enclosed with many incidences of human rights violations. The country witnessed uninterrupted
violations of the rights enshrined in the Bill of Rights like rights to life, political, civil and
economic rights. Kikwete regime failed to honour some of its promises relating to promotion and
protection of human rights. The main reasons behind above violations are the lack of political
will and pathetic remedial bodies.

3.0 Recommendation
With regard to institutional failure, the government is advised to recheck its institutions entrusted to promote and safeguard rights of people. If possible reshuffle the Police and Prisons systems to see whether they can carry out their duties without causing human rights violations. Institutions like PCCB, NEC, ZEC, and CHRGG should work under a very independent environment. I advise all citizens of Tanzania to be vigilant when electing their political leaders. To have a country that respects rights of people, you need to choose leaders who deadly believe in human rights. People should elect Leaders, who would easily make tough reactions against those who
become sources of human rights violations. To have good state of human rights in the country,
the following are very crucial to be found in place; pro-human rights laws, pro-human rights
remedial bodies, leaders who have political will to promote human rights at any cost and human
rights awareness at all levels.
32 See UNDP Human Development Report of 2009 on pages 63, 64, 73, and 116.
11
5.0 References
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) “Human Rights in Tanzania: Two Decades of the Bill of Rights”,
The Best or the Worst. Paper Presentenced at the Workshop Jointly Prepared by
Tanzania Teacher’s Union and Norway Teacher’s Union.
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
12
Reports
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.
Kikwete English Version Speech, on inaugurating the Fourth Phase Parliament of the United
Republic of Tanzania, Parliament Buildings, Dodoma, 30 December 2005.
Femact Loliondo Findings Report 18th -19 August 3,2009.
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 Program 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 2009
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
Websites/Internet
www.tanzania.go.tz
www.transparency.org
www.moibrahimfoundation.org
www.esrf.or.tz
www.tanzania.go.tz
www.nbs.go.tz
www.humanrights.org
13
6.0 Annexes
1. Annexure One
Country: Tanzania, Years 2000 to 2009 [CPI Scores]
S/No. Year Rank CPI Score
1. 2000 76 2.5
2. 2001 82 2.2
3. 2002 71 2.7
4. 2003 92 2.5
5. 2004 90 2.8
6. 2005 88 2.9
7. 2006 93 2.9
8. 2007 94 3.2
9. 2008 102 3.0
10. 2009 126 2.6
Source: Transparence International’s Reports [www.transparency.org] The
above table shows the Transparence International’s 2009 Corruption Perception Index (CPI)
indicates that Tanzania score is drastically falling down.
2. Annexure two
Police statistics indicated that old women who were killed due on witchcraft beliefs are as
follows:
S/No. Region Number of Deaths in
Past Five (5) Years –
Febr. 2009
An Average of
Deaths per Year/
Region
1. Mwanza 698 140
2. Shinyanga 522 105
3. Tabora 508 102
4. Iringa 256 52
5. Mbeya 192 39
6. Kagera 186 37
7. Singida 120 24
8. Rukwa 103 21
9. TOTAL 2,585 517
Source: Police Report, February 2009 [Extracted from Media by LHRC] See also LHRC 2009
Human rights
Report p 21
14
3. Annexure Three:
A summary showing areas where the fourth Government failed to respect principles of
human rights
Conflicts linked to multi-party in Zanzibar:
1. Unlawful evictions
2. Refugees and internally displaced persons not properly treated
3. Etra-judicial killing continue to rise
4. Land disputes remain unresolved
5. The level of unemployment continue to rise
6. Rising religious tensions
7. Corruptions practices not effectively addressed
8. Investors became threat to the lives of our people and environment
9. Prisons continue to be a home of human rights violations
10. Conflicts between local people and foreign investors
11. Tendency by government to disregard verdicts made by the Commission for
Human Rights and Good Governance
12. Constitutional restrictions in realization of basic rights
13. It is quite difficult for ordinary citizens to press for justice
14. The Commission for Human Rights and Good Governance is constrained in
many ways in promoting and protecting human rights
15. Police force not exercising impartiality in dealing with political parties and
electoral process
16. Undisclosed sources of funds threaten competitive elections
17. Inability to forge political alliances constrains association by political
parties
18. Inability to implement independent candidacy restricts political right to be
voted upon
19. Electoral Commissions (NEC & ZEC) not independent
20. Restrictive legal provisions with respect to freedom of associations
21. Growing tendency by the Parliament and the Executive to limit the courts
powers
22. Abuse of discretionary powers
23. Inadequate commitment by the Executive on participatory processes
24. The expanding gap between the rich and the poor
25. The rights of indigenous people not recognized
26. Growing mob justice significant threat to rule of law
27. Tanzania is lagging behind in terms of incorporation/ domestication of
ratified instruments
28. Limitations on Human Rights in the Bill of Rights
29. Catalogue of the Bill of rights not adequately conforming to international
instruments of human rights
30. The bill of rights in the constitution does not adequately include social,
15
economic and cultural rights
31. Vesting the original jurisdiction on human rights violation in the High
Court of Tanzania seriously impedes accessibility to justice by a lot of
victims
32. Restricted Access to Justice
33. Fusion of Executive and Parliament complicates the functioning of the
doctrine of separation of powers
34. Relatively excessive Powers of the Executive
35. Inadequate compliance with the Principles of Separation of Powers
36. Shortcomings in Implementation of the Concept of Independence of the
Judiciary
Some of the information have been extracted from APRM Report 2009
Annexure Three: Women and men in decision making positions for Tanzania Mainland 2004-
2008
Decision Making
Position
2004 2007/2008
Wom
en
Men Tota
l
%
of
Wo
men
Wome
n
Men Tota
l
% of
Women
Cabinet of Ministers
Ministers 4 23 27 15 6 15 26 25
Deputy Ministers 5 12 17 29 6 15 21 33
Parliamentarians
Number of
Parliamentarians
63 213 275 22.5 97 224 321 30.29
Elected
Parliamentarians
12 218 230 5 17 294 320 5.16
Nominated
Parliamentarians
2 8 10 20 3 4 7 42.85
Special Seats for
Women
48 - 48 100 75 - 75 100
Regional Administrative
Regional
Commissioners
2 19 21 10 3 18 21 14.28
RAS (Adm.
Secretaries)
4 17 21 28.5
7
6 15 21 28.57
Public Service
Permanent
Secretaries
7 18 23 30.4 7 24 31 22.05
Deputy Permanent
Secretaries
1 7 8 12.5 4 17 21 19.04
Directors 28 83 133 21.0
5
133 1053 1186 11.21
16
Assistants Directors 37 118 211 17.5
3
37 118 155 23.8
Commissioners 7 16 44 15.9 44 37 81 54.3
Local Government Authorities
District
Commissioners
20 87 107 18.6
9
28 85 113 24.7
DAS (Adm.
Secretaries)
23 86 109 21.1
0
23 86 109 21.10
District Executive
Directors
23 94 114 20.1
7
28 101 129 21.7
Elected Councilors 250 2237 2537 9.85 380 2267 2552 14.35
Special Seats
Councilors
940 - 940 100 940 - 995 100
Ambassadors 2 34 36 5.26 5 38 42 9.75
Court of Appeal
Justice 1 8 9 11.0
1
3 9 12 25
High Court [and Lower Courts]
Judges 9 24 33 16.1
6
13 40 53 24.5
Registrar 0 1 1 100 2 8 10 20
Resident Magistrate 22 123 145 15 25 130 155 16.12
Primary Court
Magistrate
49 546 695 27.2 290 580 870 33.33
TOTAL 1,588 3,73
8
5,32
6
29.8
1
2056 4972 7028 29.25
Source: Ministry of Community Development, Gender and Children [These statistics were
copied from the Tanzania MDG Implementation Report 2000-2008, page 11. Published 2009]
see also LHRC 2009 Human Rights report unpublished p 23.
17
18
“My two daughters delivered on the eve of the eviction and we were forced to take them
to Amana, the only reliable hospital which is far away from this area. We keep praying
and hoping that no one falls sick or else we will end up dead,” said Rashid “My two
daughters delivered on the eve of the eviction and we were forced to take them to
Amana, the only reliable hospital which is far away from this area. We keep praying
and hoping that no one falls sick or else we will end up dead,” said Rashid
Miserable Life after Kipawa demolition at Chanika
“My two daughters delivered on the eve of the eviction and we were forced to take them
to Amana, the only reliable hospital which is far away from this area. We keep praying
and hoping that no one falls sick or else we will end up dead,” said Madam Rashid
addressing LHRC Officers

2 comments:

Drtenga said...

Is it possible Onesmo to get the most updated list of Domesticated Human Rights Instruments for Tanzania? Ringo Tenga

Onesmo .P.Olengurumwa said...

very possible Dr