Human Rights Council
Working Group on the Universal Periodic Review Twenty-fifth session
2–13 May 2016
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
United Republic of Tanzania
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 10 February 2016 Original: English
I. Introduction, methodology and the broad based consultation process
1. This is the second National Report under the Universal Periodic Review Mechanism (UPRM) of the United Republic of Tanzania which constitutes Tanzania Mainland and Tanzania Zanzibar. The Report has been prepared in compliance with the provisions of paragraph 5(e) of Resolution 60/251, General Guidelines set out in Resolution 5/1 and Resolution No. 17/119.1
2. The Attorney General’s Chambers is mandated with preparing the National Report under the UPRM. On 16 December, 2014 an initial consultative meeting was held with stakeholders representing State and Non-State Actors from Tanzania Mainland and Tanzania Zanzibar. The outcome of the meeting was: stakeholders were sensitized on the UPR process, a roadmap for writing the Report was validated and stakeholders were requested to submit information on the implementation of the recommendations and developments in the human rights situation since the adoption of the first National Report.
This led to a series of communications with stakeholders supplying information which resulted in production of a Draft Report which was validated by the Stakeholders in September 2015.2 Broad based consultations were the guiding principle in preparing the second National Report which was facilitated by the Government and supported by the One UN-System.
II. Developments since the previous review
A. Background of the country
Population census
3. The 2012 Population and Housing Census results show that Tanzania has a population of 44,928,923 with 43,625,354 in Tanzania Mainland and 1,303,569 in Tanzania Zanzibar. Out of 44,928,923 people 23,058,933 equivalent to 51.3% were female and 21,869,990 equivalent to 48.7% were male.3
Administrative regions
4. Regions in Tanzania Mainland have increased from 21 to 25 making a total of 30 Regions in the whole country.
General elections
5. The State held its 5th Multi-party General Elections on the 25th of October, 2015.
They were lauded as being free and fair. In Tanzania Zanzibar, the Zanzibar Electoral Commission (ZEC) nullified the elections and declared that re-elections will be held.
B. Normative and institutional framework
Constitution
6. The State completed the process of writing a new Constitution pursuant to the Constitutional Review Act, Cap. 83.4 The Act also established the Constitutional Review Commission which conducted a nationwide collection of public opinion, production of a draft Constitution and established the Constituent Assembly. The Constituent Assembly
deliberated on the draft Constitution and adopted the Proposed Constitution which is awaiting a Referendum.
Legislation
7. The State has enacted various legislation for the promotion and protection of human rights and fundamental freedoms, these include: the Cyber-crimes Act of 2015; the Statistics Act of 2015; the Disaster Management Act of 2015; the Budget Act of 2015; the Tax Administration Act of 2015; the Whistle Blowers and Witness Protection Act of 2015;
the Oil and Gas Revenue Management Act of 2015; the Petroleum Act of 2015; the National Youth Council Act of 2015; the Electronic Transaction Act of 2015; the Non- Citizen (Employment Regulation) Act of 2015 and the Tanzania Extractive Industry (Transparency and Accountability)Act of 2015.
8. The State has also enacted Rules to operationalise legislation for the promotion and protection of human rights including: the Basic Rights and Duties Enforcement (Practice and Procedure) Rules, GN 304 of 2014; 17 Regulations of the Law of the Child Act of 2009 and The Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules; GN. 324 of 2014.
9. In Tanzania Zanzibar, the following legislation have been enacted: the Children’s Act No. 6 of 2011; the Public Service Act No. 2 of 2011; the Establishment of the Chief Government Chemist Laboratory Act No. 10 of 2011; the Zanzibar Food Security and Nutrition Act No. 5 of 2011; the Zanzibar Higher Education Loans Board Act No. 3 of 2011;the Zanzibar Anti-Corruption and Economic Crimes Act No. 1 of 2012; the Public Service (Amendment) Act No. 5 of 2012; the Zanzibar Constituency Development Fund Act No. 4 of 2012; the Public and Environmental Health Act No. 11 of 2012; the Business Entity Registration Act No. 12 of 2012; the Zanzibar Business and Property Registration Agency Act No. 13 of 2012 and the Public and Environmental Health Practitioners Act No.
15 of 2012.
Translation of legislation
10. All laws are being translated from English to Swahili. All legislation enacted in 2015 and some from 2014 have been translated thus a total of 20 legislation have been translated.5
Regional and international instruments
11. The State ratified the African Youth Charter of 2006 in 2012.
The judiciary
12. The Judicial Administration Act, No. 4 of 2011 separates the administrative from judicial work of the Judiciary by establishing the Offices of the Chief Court Administrator and the Chief Registrar which became operational in 2014. Section 52(1) of the Act establishes a Judiciary Fund which caters for the expenses of the Judiciary and the Government has continued to increase the Judiciary budget.6
13. To enhance access to justice, the time to finalise cases has been set at two years per case. A High Court Judge is to handle a minimum of 220 cases per year; a Resident Magistrate 250 cases per year and a Primary Court Magistrates 260 cases per year.7 The number of Judges has increased; Judges in the Court of Appeal have increased from 8 in 2005 to 16 in 2015 and High Court Judges from 37 in 2005 to 81 in 2015.
14. There has been an increase in the number of registries of the High Court including the labour Division. The Judiciary continues to construct High Courts, District Courts and
Primary Courts throughout the country.8 In Tanzania Zanzibar, the Court building is being renovated in Pemba and a Children’s Court is being constructed in Northern Unguja.
The National Human Rights Institution
15. The National Human Rights Institution (The Commission for Human Rights and Good Governance (CHRAGG)) retains its “A” Status accreditation by the ICC and new Commissioners were appointed in 2015.9 The capacity of the CHRAGG has been enhanced with an electronic system of receiving complaints.10 Further, from 2005 to 2015 the Commission has had its financial and human resources steadily increased.
C. Promotion and protection of human rights: status
The right to work, social security and economic benefits
16. During the review period, the minimum wage was increased from Tsh.65,205 in 2005 to Tsh.300,000 in 2015; the Workers Compensation Board (WCB) established by the Workers Compensation Act of 2008 was operationalised in 2014 and the Social Security Regulatory Authority adopted Rules in 2014 to harmonise the formula for social security benefits.11
The right to privacy and personal security
17. The Cybercrimes Act of 2015 was enacted to criminalise offences related to computer systems and information communication technologies and for investigation, collection and use of electronic evidence and related matters. The Act also provides the right to privacy and promotes the security of children as it criminalises pornography.
The right to health
18. The State has taken initiatives to provide access to health care services by increasing the budget to purchase medication and equipment and increasing the number of health care facilities.12 Over the review period the State enhanced the laboratory in the Region of Mbeya to the strength of testing for Ebola and a National Community Health laboratory which is also used as a referral laboratory by SADC countries was also set up in Mbeya.
HIV/AIDS
19. The Tanzania Commission for Aids (Amendment) Act No. 6 of 2015 established the Aids Trust Fund. It also provides the Commission with the mandate to: advise the Government on new sources of revenue for the purposes of ensuring adequate and sustainable flow of money into the fund as well as to promote prevention of new infections.
In Tanzania Zanzibar, the Zanzibar HIV and AIDS Prevention Act was enacted in 2013 for the protection and promotion of rights of persons living with or affected by HIV and AIDS.
Also, the National Prevention of Mother to Child HIV transmission (PMTCT) programs were established in both Tanzania mainland and Tanzania Zanzibar.13
Malaria
20. The State established the 2014-2020 Action Plan to control and prevent malaria by implementing various initiatives to reduce malaria. These include promoting the use of and free distribution of nets to children which has helped save the lives of 60,000 children who otherwise die annually. The number of patients suffering from malaria has reduced from 326 per 1,000 in 2009 to 161 per 1,000 in 2014.
The right to a clean and healthy environment
21. The Petroleum Act of 2015 incorporates provisions for environmental protection by stipulating an environmental assessment be conducted before any project is undertaken.
The right to participate in public affairs
22. The Voters Register was reviewed in anticipation of the General Elections and a biometric voters registration system was used for the first time during the 2015 General Elections to enhance efficiency.
Review of laws
23. The Law Reform Commission (LRC) prepared reports on Review of the Civil Justice System and Review of the Legal Framework on Land Disputes Settlement in Tanzania, and submitted them to the Minister for Constitutional and Legal Affairs in 2012 and 2014 respectively.14 The Commission is currently reviewing international instruments signed or ratified by the State with a view of identifying problems affecting their implementation.15 The Commission is also reviewing laws concerning Elderly Social Care, the Criminal Justice System in Tanzania16 and the legal framework on consumer protection in Tanzania.17
National awareness programs
24. The State continues to conduct public awareness on human rights and the rights of vulnerable groups annually during National celebrations of Human Rights Day; Sixteen days of Activism; The Day of the African Child; African Day of Human Rights, International Day for the Elderly and National Albinism Day.
Strategies
25. The National Child Justice Reform Strategy (2013–2017) was established in Tanzania Mainland and the Child Justice Reform Strategy (2013–2018) in Tanzania Zanzibar.
Human rights reporting
26. The State continues to cooperate with International Human Rights Mechanisms. The Initial to Third Periodic Report under the International Covenant on Economic Social and Cultural Rights18 and the consolidated 3rd, 4th and 5th Report on the Convention on the Rights of the Child19 were considered by various UN Committees. The State’s consolidated 7th and 8th Report on the Convention on the Elimination of all forms of Discrimination against Women will be considered in February 2016.
Mission visits
27. The State received the African Commission on Human and Peoples’ Rights Working Group on Indigenous Populations/ Committee from 21st January to 6th February 2013. The Research and Information Visit Report was launched in November, 2015 and the State is examining the recommendations issued. In June, 2015 the State received the African Union Committee of Experts on the Rights and Welfare of the Child.
III. Progress made in the follow-up to the previous review
28. The State accepted a total of 107 Recommendations at the adoption of its First National Report. These recommendations were clustered into thematic areas with consent of stakeholders when disseminating the Recommendations initially in December, 2011.
Ratification and domestication of instruments
29. The State is still assessing feasibility of ratifying the Agreement on the Privileges and Immunities of the ICC20 and is yet to find need to fully integrate the Rome Statute in domestic legislation as existing mechanisms are sufficient. The State studied the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and it came to light a number of issues contained in the Convention are not in line with our laws.21 It is for these reasons of variance with National laws that there have been no developments in ratifying the Convention. Further, the current labour law framework is sufficient in addressing these issues. The State has enacted the Non Citizens (Employment Regulation) Act of 2015 which seeks to regulate and realign the legal framework for employment and engagement in other occupations in Tanzania Mainland.
30. The Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment is yet to be ratified as the State still retains the death penalty.22 With regard to ratification of the Convention for the Protection of All Persons from Enforced Disappearance the State is still studying the technical and financial implications of ratification. However, the existing legal framework provides remedies for victims in the event of such incidences.23
Human rights training and education
31. The Medium Term Human Rights Education strategic Plan (2011/12-2015/16) was established to improve human rights knowledge of students, teachers and other civil servants in the education sector. While in Tanzania Zanzibar the curriculum has incorporated human rights related issues.
The National Human Rights Action Plan
32. The National Human Rights Action Plan (NHRAP) was launched on 10th December 2013.24 It is the national framework for the promotion and protection of human rights and is a five year strategy from 2013 to 2017. It is being implemented in Tanzania Mainland and Tanzania Zanzibar by Government actors, civil society and the private sector. It has a monitoring and evaluation mechanism coordinated by the CHRAGG. The UPR recommendations were incorporated into the NHRAP for implementation purposes.25 The CHRAGG has conducted various trainings and seminars for Government Officers26 on the implementation, monitoring and evaluation of the NHRAP and a total of 3,500 copies of the NHRAP have been distributed. As part of the implementation of the NHRAP activities, a total of 109 Magistrates were trained on case flow management and 80 Officers from the Government and CSOs were trained on how to deal with people with disabilities and juvenile justice skills.
Anti-corruption measures
33. The Second National Anti-Corruption Strategic Action Plan (NAPSAC II) ended in 2014 and the State is currently preparing NAPSAC III.27 The Prevention and Combating of Corruption Bureau (PCCB) has been provided with more resources including working tools, financial resources, human capacity and offices have been constructed in all Regions and Districts. An Asset Recovery and Forfeiture Unit within the Division of Public
Prosecutions at the Attorney General’s Chambers was established in 201228 and the Whistle-Blowers Act of 2015 was enacted to protect people who provide information on corruption. The PCCB has held public awareness programs to increase public support in the fight against corruption.29
34. In Tanzania Zanzibar, an Anti-Corruption and Economic Crimes Act was enacted in 201230 which establishes the Zanzibar Anti-Corruption and Economic Crimes Authority (ZAECA)31. A strategy for the effective implementation of the Act is in place and an anti- corruption curriculum has been incorporated in schools under the Ministry of Education.
Women’s rights
35. The Proposed Constitution considers women rights and provides women with equal rights as men on inheritance, succession and land issues. The State will embark on amendment of the to laws to enhance equality between men, women and children in succession, inheritance and land issues when the Proposed Constitution is adopted.
36. Currently, the Land Act No. 4 of 1999, the Village Land Act No. 5 of 1999 provide women with the right to own land and participate on equal basis with men, in land decision making bodies. In Tanzania Zanzibar, the Land Tenure Act No. 12 of 1992 provides for similar provisions while the Land Tribunal Act No. 7 of 1994 establishes the Land Tribunal which enforces the provisions of the Land Tenure Act, thereby guaranteeing equality of men and women in land ownership and use. There is also a Registered Land Act No. 10 of 1990 which provides for the appointment of a Land Registrar. It is also worth to state that the current Land Registrar is a woman.
Non-discrimination and equality measures
37. Tanzania Mainland is reviewing the National Gender Policy to replace the Gender and Women Development policy 2000 in order to incorporate current emerging issues.
38. In Tanzania Zanzibar, the Women Protection and Development Policy of 2001 is being reviewed with a view of creating the Zanzibar Gender Policy. In order to emancipate women in rural areas, 14 Women Information Windows have been established at the Ward level which provide rural women with information on health, education, legal issues, human rights, entrepreneurship skills, land rights and income generation projects. Further, the Proposed Constitution provides for the per centum of women in Parliament to be at 50%.
Violence against women and children
39. The State continued to implement its National Action Plan for Prevention and Eradication of Violence against Women and Children (2001–2015) as follows: A National Multi-Sectoral Committee to Prevent and Respond to Violence against Women and Children and Child protection teams established and the Tanzania Teachers’ Code of Conduct and Professional Ethics of 1963 is under review to include specific measures on promotion of child rights and zero-tolerance for violence against children in schools. A child free help line was launched on 14th June, 201332 and one Stop Centers for child abuse victims were established.33 The State has also developed a roadmap for raising awareness on Violence against Children and Gender Based Violence (2014–2016).34 The State continues to be part of a Great Lakes Region campaign on Sex and Gender Based Violence
“DECLARE ZERO TOLERANCE NOW” (SGBV) launched in 2012.
40. In Tanzania Zanzibar, Gender based violence (GBV) committees have been established at Village, Ward, District and National level with guidelines for prevention of GBV and there is a National GBV Register Board that records cases of violence against women and children. A call help line was established in 2015 with number 116 to report
and receive assistance from incidences of violence and One Stop Centers have been established.35 Currently, VAC cases are highly reported due to availability of such services and a shelter house has been designated to accommodate survivors of GBV. Also, 417 Gender and Children Desks are in place in major Police Stations around the country which have developed and harmonized Standard Operating procedures(SOP).36 To that effect, 1,196 Police Officers have been trained on the SOP and their guidelines.
41. Capacity building for health care managers was held in both parts of the Union37. In the Lake Zone where GBV is predominant, training on combating and elimination of GBV was held for 281 law enforcers.38 In Tanzania Zanzibar, the President launched an awareness raising campaign on eradication of violence against women on the 6th December 2014 and a Plan of Action for the implementation of the campaign for women and children is in place39. Similarly, Government officials wear orange T-shirts on the 25th day of every month to raise awareness in the community. This goes hand in hand with Community radio sensitization programs.40
42. Elements of domestic violence are criminalized under the Penal Code [Cap 16 R.E 2002] and the Zanzibar Penal Act No. 6 of 2004 which criminalize grievous bodily harm and assault being key elements of domestic violence. Further, obstacles to attaining a police report prior to obtaining medical attention have been removed.41 In Tanzania Zanzibar parenting groups have been established at the grassroots level (Shehia) and are being strengthened to provide care to parents and children.42 In Tanzania Mainland Section 130 of The Penal Code [Cap 16 RE 2002] criminalizes rape43 and in Tanzania Zanzibar Section 125(1) of the Penal Act No. 6 of 2004 criminalizes rape.44
43. Section 169A of The Penal Code [Cap 16 RE 2002] criminalizes Female Genital Mutilation (FGM) of girls under the age of 18 years in Tanzania Mainland. Also, the National Plan of Action for Prevention and Eradication of FGM 2001-2015 is designated for review in 2016 while the National Plan of Action to Accelerate the Eradication of FGM and Other Harmful Traditional Practices and the National Human Rights Action Plan 2013- 2017 are operational.45 Further, the National Policy on Childhood Care and Development which addressed FGM is at the validation and approval stages.46
44. FGM cases are being successfully prosecuted in the criminal justice system as a result of awareness raising and capacity building.47 Programmes for alternative sources of income for those who perform FGM as means of livelihood have been devised and the State in collaboration with CSO’s continues the implementation of the ‘Stop Female Genital Mutilation’ campaign which is changing people’s attitudes towards FGM.
Witchcraft killings of elderly women
45. All killings are criminalized under Section 196 of the Penal Code [Cap 16 Re 2002]
as murder. The State is in the process of reviewing the Witchcraft Act Cap, 18 and the Traditional and Alternative Medicines Act, No. 23 of 2012 with a view of using the legislation to combat witchcraft and witchcraft killings. The State also continues to register traditional healers and places parameters to their activities. Further, the NHRAP promotes rights of the elderly by addressing issues of witchcraft associated killings. The National Aging policy of 2003 is being reviewed and a Bill is being prepared to protect the elderly.
Further, 17 safe homes for elderly persons have been established to support survivors of witchcraft killings.
Women participation in decision making positions
46. Statistics for women in decision making positions show an increase in trend.48 In 2005 there were 62 women Members of Parliament while in 2015 there were 127. In 2015, there were 10 women Ministers, 5 Deputy Ministers, 32 Judges in the High Court, 5 in the
Court of Appeal, 53 District Commissioners and 7 women Regional Commissioners. In higher learning institutions the number of female students increased from 10,039 in 2005 to 78,800 in 2014.49 Further, the State gained a female Vice President for the first time in 2015 and a female Deputy Attorney General. Also, during the 2015 General Elections, there were female presidential candidate among the contestants.
Persons with disabilities
47. The State continues to implement national legislation on the rights of persons with disabilities and identification of people with disabilities by age, gender and location was done through the National Population and Housing Census of 2012. The State has reviewed the National Health Exemption Guidelines to include elderly people and people living with disabilities and 43 rehabilitation centers have been established. In Tanzania Zanzibar, there is a Disability Fund, a National Council for Persons with Disabilities and a Department of Disability Affairs at the Ministry of State-Office of the 1st Vice President. There are also focal persons for disability affairs at every Ministry and immunization programs are held specifically for children with disabilities.
48. The State has taken several measures to ensure access to education for children with disabilities, including the adoption of the New Education and Training Policy in 201450 and an Inclusive Education Strategy (IE) 2012-2017.51 The State has also established an Educational Support and Resource Centre (ESRAC) in Dar es Salaam and five (5) Districts Councils have identified spaces to establish ESRAC’s for the purpose of detection and identification of children with special needs. Guidelines on Early Identification and Interventions for Children with Special Needs were developed in 2013.52 In Tanzania Zanzibar, the Persons with Disabilities (Rights and Privileges) Act No. 9 of 2006 continues to be implemented as an inclusive education system has been developed where every District has at least one inclusion education program in line with various policy to ensure children with disabilities access education.53
49. The National Pension Schemes have addressed disability concerns at the work place and the State has developed a guideline for employers on how to support their employees with disabilities with technical devices. The legislative framework and policies have enabled the presence of special needs officers in 168 Districts. The State continues to raise awareness on the rights of persons with disabilities through national awareness forums such as Disability Day, White Cane Day and World Braille Day.
Persons with Albinism (PWA’s)
50. Standby committees have been established at the Ministerial level such as the Ministry of Home Affairs to look into the protection of persons with albinism. Similarly, Permanent Child Protection Committees have been established at the Ministerial level to provide protection at the house hold level.54 Further, the NHRAP addresses issues of the rights of PWAs and the State voted in favor of the UN Resolution to hold Persons with Albinism Day annually to raise awareness on non-discrimination and their protection.55 The State also established temporary protection centers for children with albinism in 3 Regions.56
51. The State continues to prioritise investigation, prosecution and trial of cases where PWA’s are victims. Standing operation task forces have been established specifically to respond to the attacks and killings of persons with albinism. These efforts have led to the decline of albino killings particularly in the election year 2015. The police continue to educate citizens in regions where there is prevalence of the attacks.57 Further, a holistic approach to assessing the problem was undertaken by the State whereby the Police, Public Prosecutors and the NGO Under the Same Sun visited Regions with the most prevalent attacks and killings of PWA’s in 2015.
Human trafficking
52. Regulations are being created for the implementation of the Anti-trafficking in Persons Act (2008), which are now at the final stages of gazetting and the State launched a new National Anti-Trafficking in Persons Action Plan (2015–2017).58 In 2013, the Tanzania Police Force established the Community Police Unit which, among other things, deals with raising awareness to the community on the issues relating to, inter alia, anti- trafficking.
53. The State, in collaboration with the International Organization for Migration (IMO), conducted special trainings of Police Officers on how to identify and detect perpetrators and victims of human trafficking.59 Through this collaboration, training on trafficking issues for public prosecutors, Magistrates and social workers were also held in 2012 and 2013. In 2014, journalists were trained on ethical reporting of human trafficking cases and Media Guidelines on how to report cases of human trafficking without re-victimizing the victims were developed.60
Accountability of Law Enforcements Officers
54. There are disciplinary measures within Law Enforcement Institutions and punitive measures as per the Penal code to hold law enforcement officers accountable.61 Also, a complaints unit within the Police Department at the Ministry of Home Affairs oversees complaints against its Officers. In the year 2014/2015 disciplinary measures were taken against 300 police officers whereby 118 were summarily dismissed and 19 were charged in the ordinary civilian Courts.62 In the year 2014/15, the Police Force raised the vetting requirements of police recruits joining the force so that only those of high integrity are employed.
Marginalised and vulnerable population
55. Through TASAF, there have been interventions in Tanzania Mainland and Tanzania Zanzibar such as conditional cash transfers and public works programs which provide temporary employment to enrolled poor household to work on labor intensive activities while providing income support and contributing to creation of community assets. There are livelihood enhancement programs which aim at contributing to building the foundation for graduation out of poverty by enhancing households’ ability to support themselves through strengthened and diversified livelihoods.63
56. In Tanzania Zanzibar the Social Protection Policy of 2014 which addresses the challenges in the communities including vulnerable groups and unemployed youth has been adopted. Elderly homes and provides an allowance of Tsh. 40,000/- for every elderly person living therein. Identification of elderly people has been concluded and from April 2016, every elderly person will be given an allowance of Tsh. 20,000/= per month. A policy of assisting women who deliver more than two babies at once by giving them an allowance of 40,000/= per month has been adopted.
Prison conditions
57. The Community Service Act, Cap. 291 continues to be implemented to reduce overcrowding in prisons64 and a concept note to amend the National Parole Board Act, [Cap. 400 RE. 2002] to allow more prisoners to serve community service sentences has been prepared65. Further, under the Presidential Amnesty 24,772 prisoners were pardoned between 2011 to April 2015.66 Also, a National Criminal Justice Forum has been established to improve justice delivery and decongestion in prisons.67 Further, to facilitate The National Prison Policy, an implementation strategy was created in 2014 which requires the State to adhere to international human rights prison standards.68 Also, between May
2008 to June 2014, the Legal Sector Reform Program purchased 14 Prison buses while the State purchased 17 buses across the country. These initiatives have reduced non-attendance of inmates in court sessions and enhanced the disposal of cases.
58. There has been rehabilitation of dormitories, latrines, and sewage system in the prisons.69 Further, the State in cooperation with stakeholders such as Farm Access has built 12 health centers in central prisons.70 Also, the National Health Insurance Fund (NHIF) has devised a program to improve health services in prisons. In Tanzania Zanzibar, a prison is being constructed in Hanyegwa Mchana to reduce congestion and efforts are ongoing to improve living conditions of prisoners.
Children’s rights
59. There is a specific provision on children’s rights (Article 53) in the Proposed Constitution to guarantee the rights of children. The State has also continued to implement and respect the Law of the Child Act by developing several sets of Regulations, which cover various areas of child protection provided for in the Act.71 Other efforts include implementation of the under five and the 6 - 18 birth registrations initiative where free birth certificates are given in pilot areas.72
60. The State has developed Guidelines and Standard Operating Procedures (SOP)s on how to handle children’s cases at the Gender and Children Desks and developed training manuals on cases involving children in police stations and in Courts.73 Further, 162 State Attorneys were trained on the law of the Child and how to prosecute children’s case. In both Tanzania Mainland and Tanzania Zanzibar Rules have been adopted74 to, inter alia, regulate the administration of juvenile justice. Rules for the Zanzibar Children’s Court are at final stage of adoption.
61. The Law of the Child (Child Employment) Regulations GN 196 of 2012 prohibits employment of a child under the age of fourteen years and the State continued to implement the National Action Plan for the Elimination of Child Labour (2009–2015).75 Awareness raising has reached 35 Districts where in each District averages of 25 participants attended and were made aware of child labour issues and their roles in National Action Plan.
Further, an objective in the NHRAP is to implement effective sanctions to address issues of child labour.76
62. The State held training sessions on the elimination of the worst forms of child labour in the context of the “National Plan of Action for Elimination of Child Labour 2009-2015”
to District Social Welfare Officers, Police Officers, District Community Development Officers, District Labour Officers, District Medical Officers, Judicial Officials and representatives of various CSOs77. The State in collaboration with the ILO and the Government of Brazil has trained 35 workers in CSOs and 190 workers in Local Authorities on child labour issues.
63. The State established the Child Labor Monitoring System (CLMS) which has contributed to withdrawing children from child labor through the ILO Red Card Anti-child labor campaign. The CLMS is comprised of Child Labour Elimination Committees at the National, District and Village level.78 The State is also undertaking to ensure that extractive industries end child labour through projects supported by PROSPER,79 Plan International and WEKEZA80. The State has collaborated with Small–Scale Miners Associations and raised awareness on effects of child labour and the legal prohibitions. This campaign led some villages in the Geita Region to adopt By-Laws, which prohibit child employment in mines and agricultural activities.
64. Tanzania Zanzibar, has also continued to effectively implement the National Action Plan for the Elimination of Child Labour (2009–2015). A Multi-sectoral Technical Working Group for Child Labour and a Child Labour Steering Committee have been
established and strengthened to support the child labour issues. Zanzibar also developed and implemented Guidelines with the same objective and achieved returning a total number of 5,067 children at school and Madrasa through the Fighting Child Labour Project.81 65. Further, Ministerial collaboration between the Ministry of Labour and the Ministry for Trade, Tourism and Market, have been regulating business enterprises, including regulations issued by Zanzibar Investment and Promotion Authority (ZIPA) to ensure investors abide by investment regulations and that labour inspections are conducted daily to assess whether children rights are violated. Similarly, the Child Labour Programme 2012-14, which aimed at removing 5,000 children from child labour resulted in more than 3,620 children removed from child labour.
International/transnational crimes against children
66. Section 83 of the Law of the Child Act No. 21/2009 and section 13 of the Cyber Crimes Act No.14 (2015) prohibit access to child pornography. The Mutual Assistance in Criminal Matters Act, Cap 254 provides for mutual assistance in criminal matters between Tanzania and foreign countries; to facilitate the provision and obtaining of such assistance;
and to provide for related matters. The Extradition Act, Cap 368 provides for the extradition procedure of criminals and related matters.
67. The Anti-Traficking in Persons Task force trained Local Government Authorities on prevention of child trafficking who subsequently developed by-laws in their respective villages to prevent child trafficking. The Task Force also developed awareness raising materials on prevention of child trafficking and human trafficking in general.82 Under the period of review 466 professionals working with children83 were trained on child protection in the course of implementing the child protection system strengthening programme.
Street children
68. The State developed the National Coasted Plan of Action for Most Vulnerable Children II 2013–2017 (NCPA II) launched in February, 2013.84 It defines children living and working in the streets as among the most vulnerable children category in Tanzania and the target group of NCPA II. Child Protection System Guidelines were created to facilitate the NCPA II and Child Protection systems have been scaled up to 17 District Councils of Tanzania mainland.
69. The State has developed a Community Based Strategic Plan of 2013 to address children living and working in the streets. It is the plan through which the State has established a joint emergency, short-term and long-term care and protection mechanism street children and other vulnerable children. An output is a joint project between the State and three NGOs (KIWOHEDE, Dogodogo and MAKINI) which responds to the urgent need of the situation of children in the streets of Dar es Salaam.85 Also, a Rapid Assessment Survey Report for Street Children was launched in 2012 with Dar es Salaam region as a pilot area86.
Education
70. Education remains a top priority for the Government. The Tanzania Education Authority Act, Cap 412 was amended to enable the Education Fund to increase its sources of income and make the Fund sustainable87. A new Education and Training Policy was created in 2014 and the Teachers Education Board Bill and the Primary and Secondary Education Curriculum and Control Authority Bill are at various stages of preparation.
Further, the President of the United Republic of Tanzania directed that from January 2016, primary and secondary education will be free.
71. Education took up 24% of the National Budget in 2015/201688 and is a priority as reflected in various development agendas such as the 2025 Development Vision, MKUKUTA II and MKUZA II bolstered by the Big Results Now (BRN) initiative89. The BRN is its own development outlook with education as a key priority. It began in the 2013/2014 financial year and has had the following outcomes: 56 schools of the intended 264 were constructed in the first phase of the initiative. Generally, school enrollment continues to increase and the State continues to build capacity of teachers.90
72. In Tanzania Zanzibar, the Zanzibar Education Policy of 2006 was translated into Swahili and total of 500 copies supplied to both private and public schools. Further, the primary school curriculum has been reviewed to incorporate emerging and global issues.
As part of efforts to reduce overcrowding in classrooms and in order to achieve the objectives set by Zanzibar Education Development Plan (ZEDP), there has been rehabilitation and construction of classrooms and schools to reduce pupil-classroom ratio.91 73. The number of trained teachers for basic education increased steadily from 4,395 in 2001 to 9,503 in 2013 and the number of untrained teachers has been decreasing steadily from 1,279 in 2001 to 391 in 2013.92 93 Primary school enrollment continues to increase from 252,938 students in 2013/2014 to 262,212 students in 2014/15.
Health
74. The State continues to implement Section 19 of the Public Health Act. No. 1 of 2009 which obligates every pregnant woman to immunize against tetanus and any other infectious diseases. The Act also requires every parent or guardian to ensure that her/his child born in Tanzania Mainland is immunized.94
75. The State has continued to implement the 2008-2015 Action Plan to Accelerate Reduction of Infant deaths and births. As a result, infant mortality under the age of 5 years has reduced from 147 deaths in 1999 to 54 deaths in 2013 for every 1,000 births. On 15th May 2014, the President of the United Republic of Tanzania inaugurated the Maternal Strategic Plan 2014/2020 aiming at reducing maternal mortality. Other State efforts include building 9,997 health facilities in every Ward and opening 64 cervical cancer diagnosis centres in 16 Regions in Tanzania Mainland and 2 in Tanzania Zanzibar. Equipment was purchased for the centers and 213 health personnel were trained on their use. Awareness raising campaigns have been held to encourage women to deliver in hospitals, as a result the number of women giving birth in hospitals has increased from 56.6% in 2013 to 68.3%
in 2014.
76. In Tanzania Zanzibar, post-natal care guidelines were produced in 2013 and Guidelines on sexual reproductive health in 2014. Further, Kangaroo Mother Care Units have been established to care for premature babies and the immunization program of children under the age of 5 years has been extended.
Freedom of expression/association and assembly
77. The Media Services Bill, 2015 and the Access to Information Bill, 2015 have both undergone a first reading and are waiting for contributions from stakeholders. The State is amending the Information and Broadcasting Policy of 2003 to harmonise it with technological changes in the information sector. There are 16 daily newspapers out of which 2 are Government owned, 62 weekly newspapers, 115 Radio Stations and 29 Television Stations. Similarly, as of 17th March 2014 a total of 6,427 Non-Government Organizations were registered.
78. The Political Parties Act has been amended and olitical parties continue to be registered with an increase from 18 in 2005 to 24 in 2015. Also, political parties constituted the Constitutional Assembly during the Constitutional Review Process and the Proposed
Constitution provides for a Constitutional Office for the Registrar of Political Parties.
Further, a Public Government website is in place and since 2007 a total of 117,243 communications have been received, out of which the Government has addressed 78,258 which specifically concern it95.
Assistance from the international community
79. The State received financial and technical assistance from the international community in the following programs and initiatives: the NHRAP96; maternal and child mortality reduction projects97; increasing access to education,98 reporting to human rights mechanisms and the UPR Report.99
80. Other ongoing developing programs with assistance from the international community include: Agricultural Sector Development Program – ASDP, Eastern Africa Agricultural Productivity Program – EAAPP, Japan Policy and Human Resources Development – PHRD and Southern Agricultural Growth Corridor of Tanzania – SAGCOT.
Development efforts
81. In continuing with the efforts of achieving the development goals set in Tanzania Development Vision 2015, the State has been using social economic strategies and plans in combating poverty by prioritizing specific development projects each year and providing a budget to finance these projects which in turn raise the living standards of Tanzanians.100 The State continues to implement its activities under the MKUKUTA II and MKUZA II development agenda and is committed to the recently launched United Nations Sustainable Development Goals (SDGs).
82. To hasten development the State embarked on the Big Results Now (BRN) initiative in 2013 which aims at adopting new methods of working under specified timeframe for delivery of the step change required. It focuses on six key areas being: energy and natural gas, agriculture, water, education, transport and mobilization of resources.
Right to food
83. To further develop agriculture, the State adopted a new National Agriculture Policy of 2013 which recognizes, protects and promotes food security and nutrition. It contains policy statements which advocate for: national food security, enhanced safety and nutrition through production and accessibility and utilization of sufficient quantity and quality of food.
84. The State continues to implement the National Irrigation Policy of 2010 which recognizes irrigation as essential for increased productivity and production in mitigating vagaries of weather and food insecurity. Thus irrigated agriculture in a sustainable manner is advocated in the policy in order to ensure food security and poverty reduction.
Access to adequate, safe and clean drinking water
85. The State continues to implement the Water Policy of 2002101 which is strengthened by MKUKUTA II and MKUZA II with the goal of increasing access to clean and safe water, sanitation and hygiene by improving access to safe drinking water in urban and rural areas and sanitation facilities in households and public places. Realization of the goal includes construction and rehabilitation of water infrastructure in urban and rural areas102. 86. In Tanzania Zanzibar there are urban and rural water supply and sanitation projects;
one aims at providing safe and clean water in rural areas in Unguja and Pemba103 and the other aims at constructing infrastructure to provide clean and safe water in Stone-town.104
Further, as part of desalination and treatment of water project, RO desalination plant was set up in Michamvi Village and a Water Treatment plant (UV system) was set up in Kijitoupele area.
Collaborate with civil society
87. The State continues to collaborate with Civil Society who are key stakeholders in the promotion and protection of human rights reports and are also involved in the preparation, validation and dissemination of Reports, concluding observations and recommendations.
Civil Society was involved during the dissemination of the UPR Recommendations.
88. The UPR Recommendations were incorporated into the NHRAP which pulls together all stakeholders of human rights in the implementation process. Further, the preparation of the NHRAP was a consultative process in which civil society participated, both the State and Civil Society have designated areas to implement and report and civil society is involved in the monitoring and evaluation process. Further, enactment of the Public Private Partnership Act (2010) Regulations in 2011 has enabled the State to collaborate with the private sector in various human rights projects.
Corporate social responsibility
89. Tanzania is committed to promoting the concept of Corporate Social Responsibility.
The Natural Gas Policy of 2015, the Petroleum Act of 2015 and the Tanzania Extractive Industries, Transparency and Accountability Act of 2015, provide for corporate companies to have corporate social responsibility activities.
90. The State has ratified ILO Conventions and implements them through its Employment and Labour legislation.105 The NHRAP also seeks to address issues related to human rights and business.106
IV. Achievements
A. Fifty years of Union
91. The State celebrated fifty (50) years of Union between Tanzania Mainland and Tanzania Zanzibar in 2014.
B. Peaceful elections
92. The State peacefully conducted its 5th Multiparty elections on 25th October, 2015.
C. Increase of women in leadership and decision making roles
93. There has been a significant increase in the number of women in leadership and decision making roles as reflected in paragraph 47 above.
D. Adoption of the proposed constitution
94. Tanzania successfully conducted its Constitutional review process and there is a Proposed Constitution awaiting a Referendum.
E. Adoption of the National Human Rights Action Plan
95. The National Human Rights Action Plan 2013-2017 launched on 10 December, 2013 provides the national framework for the promotion and protection of human rights in the State.
F. Operationalisation of the Judiciary Administration Act No. 4 of 2011
96. Operationalisation of the Act has led to separation of the judicial from administrative work of the Judiciary which is enhancing service delivery.
G. Coming into force of the Social Security Schemes (Pension Benefits Harmonisation) Rules, 2014
97. Harmonisation of the Social Security Schemes (Pension Benefits Harmonisation) Rules in 2014 has provided workers and employees with the right to join a social security pension scheme of their choice.
V. Challenges and constraints
A. Corruption
98. Corruption is an ongoing challenge which affects all areas of society and hinders individual and national development. The State is committed to tackling corruption and is currently considering establishing a High Court Registry/Court to deal with grand corruption cases.
B. Land disputes
99. Disputes between farmers and pastoralists is a national concern. The State has began identifying and designating areas specifically for farmers and pastoralists.
C. Clean and safe water
100. Access to clean and safe water is another challenge. The State is in the process of drilling deep boreholes as part of the solution.
D. Access to healthcare
101. The Healthcare sector faces various challenges and the State is determined to address this situation by increasing and modernizing hospitals, training medical practitioners and ensuring hospital pharmacies are well stocked and affordable.
E. Financial constraints for the promotion and protection of human rights
102. Budget constrains hinder awareness raising activities, implementing the National Human Rights Action Plan and preparing National human rights reports to treaty bodies in time.
VI. Key national priorities and commitments
1. Implementation of the National Development Vision 2025 and the National Strategies for Growth and Reduction of Poverty (MKUKUTA II and MKUZA II).
2. Solidification of the Union.
3. Free basic education for all from nursery school level to secondary school. The Government has abolished school fees in all Government schools and is in the process of regulating school fees in the private sector.
4. The Government has prioritised Anti-Corruption measures as part of its national agenda on Good Governance.
5. To combat tax evasion and to strengthen the tax collection system in order to fund development projects and improve delivery of services. This goes hand in hand with reducing Government expenditure.
6. To finalise the Referendum stage of the Constitutional Review Process.
7. Implementation of the National Human Rights Action Plan.
8. Establishment of a framework to provide for and coordinate legal aid issues.
9. Timely preparation and submission of State Party reports.
VII. Expectations of the State in terms of capacity-building and requests, if any, for technical assistance and support received
103. The Government of the United Republic of Tanzania requests technical and financial support in the following areas:
(a) Human rights training and awareness programs;
(b) Preparation and submission of human rights reports under the International Covenant on Civil and Political Rights, the Convention on the Rights of Persons with Disabilities, the International Convention on the Elimination of Racial Discrimination and the African Charter on Human and Peoples’ Rights;
(c) Implementation of the National Human Rights Action Plan.
