Human Rights Council
Working Group on the Universal Periodic Review Thirty-ninth session
1–12 November 2021
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 is being issued without formal editing.
General Assembly Distr.: General 17 August 2021
Original: English
I. Introduction and methodology
1. The United Republic of Tanzania (URT) is committed to meeting its national, regional and international obligations towards the promotion, protection and realisation of human and peoples’ rights. In this regard, the URT continues to cooperate with the Human Rights Council and is pleased to present its Third National Report under the Universal Periodic Review (UPR) Mechanism.
2. The Ministry of Constitutional and Legal Affairs (MoCLA) is mandated with preparing the National Report which is guided by broad based consultations. A refresher session to initiate preparation of the National Report for State actors implementing the recommendations was held in September, 2020. This was followed up with three joint consultation sessions with representatives of State actors, the National Human Rights Institution, the Judiciary and Civil Society Organisations (CSOs) from Tanzania Mainland and Tanzania Zanzibar. In the course of writing the report, the Ministry also received useful inputs and comments from a range of stakeholders.
II. Developments since the previous review
A. Background of the country
Administrative regions
3. The URT is a union between Tanzania Mainland and Tanzania Zanzibar. The number of regions increased from 30 in 2016 to 31 in 2020 with 26 Regions in Tanzania Mainland and 5 in Tanzania Zanzibar.’’
General elections
4. The URT held its 6th Multi-party Election starting with Local Government elections in 2019 and General Elections on 28th October 2020.
B. Normative and institutional framework for the promotion and protection of human rights
5. On 8th April 2020 the URT acceded to the Marrakesh Treaty to Facilitate Access of Published Works to Persons who are Blind, Visually Impaired or Otherwise Print Disabled of 2013 thus enhancing access to information.
6. On 13 February, 2021 Parliament of the URT passed Miscellaneous Amendments Act No. 2 of 2021 which, among other things, officially made Swahili the legal language, language of the Court and of enacting legislation as part of efforts to enhance access to justice.
III. Implementation of accepted recommendations
7. The URT accepted to implement 131 recommendations and 2 recommendations in part at the adoption of the Second National UPR Report in September, 2016. This section reports on their implementation over the Reporting Period from 2016 to 2020 under the following thematic areas.
International human rights instruments (134.1, 134.2, 134.3, 134.4, 134.5)
8. The URT considered ratification of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984), the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990) and
the International Convention on the Protection of the Persons from Enforced Disappearance (2006). The URT resolved to continue with research, consultations and consideration of these treaties.1
Constitutional development (134.6, 134.7, 134.8, 134.9, 134.10)
9. The Constitution making process reached the referendum stage in 2015. Going forward, the exercise requires significant technical and financial resources, which for the time being, such resources are strategically being utilized to implement more pressing development activities related to promoting and protecting civil, political, economic, social and cultural rights. Constitutional development is certainly important and as the current Constitution of the URT has aptly guaranteed the enjoyment of human rights to all and is ably guiding national development, the matter of the referendum for a new Constitution will be revisited at the appropriate time. Economic and social power give way to political power.
Normative framework (134.11, 134.12, 134.40, 134.44)
10. A list of Laws enacted and amended from 2016 to 2020 and their objectives is attached.2
11. Laws enacted and amended which guarantee gender equality include the Legal Aid Act, No.1 of 2017 and the Zanzibar Legal Aid Act, No. 13 of 2018 which provide that there shall be no discrimination of legal aid recipients based on their gender.3 Subsequently, in composing the Legal Aid Boards, the Appointing Authorities shall ensure there is gender representation.4 Further, the Political Parties Act, Cap. 258 provides that a political party shall adhere to gender among other matters.5 In 2019, the Chief Justice promulgated the Judicature and Application of Laws (Practice and Procedure in Cases Involving Vulnerable Groups) Rules GN. 110 which provides that cases involving women, children and persons with disabilities be concluded within 6 months.6
12. The URT is in the process of reviewing the Law of Marriage Act, Cap. 29 to conform to the Court of Appeal decision in the case of Attorney General vs Rebecca Z.
Gyumi, Civil Appeal No. 204 of 2017 on the age of marriage. There are also ongoing discussions with regard to matters of inheritance and succession. Community and religious leaders are being engaged as part of law revision on matters of marriages, inheritance and succession.
13. Moreover, in Tanzania Zanzibar the Kadhi’s Act. No.3 of 1985 was amended and the Kadhi’s Court Act. No. 9 of 2017 enacted to provide for division of matrimonial assets after dissolution of civil marriages.
134.13
14. Efforts continue to address domestic violence which is prohibited under the Penal Code, Cap. 16, which criminalises specific acts of domestic violence and penalises offences such as grievous bodily harm, cruelty to children, rape, sexual harassment, grave sexual abuse, and incest by males and females. In 2016, complaints of domestic violence reported in police stations were 9,176 and decreased to 3,398 in 2020.
15. In Tanzania Zanzibar, specific acts of domestic violence are un-bailable after amendment of the Criminal Procedure Act No. 7 of 2018.7 The Evidence Act No. 9 of 2016 also provides that electronic evidence in domestic violence cases is admissible in Court and evidence adduced by a minor is admissible without legal technicalities related to corroboration.
134.15
16. The URT is reviewing the National Elderly Policy of 2003 prior to enacting a law on the protection of the elderly. In Tanzania Zanzibar, the Elder Person Affairs Act No. 2 of 2020 was enacted to protect the rights of elderly persons.
The national human rights institution (134.16, 134.18, 134.19, 134.20, 134.21)
17. The budget of the Commission for Human Rights and Good Governance (CHRAGG) has been increasing over the review period from TZS 618,981,617.31in 2016/17 to TZS 4,325,039,894.48 in 2019/20.8 11 staff was employed from 2016 to 2020 and 11 skilled professionals transferred to CHRAGG from other institutions. CHRAGG also continues to build the capacity of its staff on investigation skills, conflict resolution, management and administrative issues.
18. The independence and autonomy of CHRAGG continues to be guaranteed by the Constitution of the United Republic of Tanzania, 19779 and the Commission for Human Rights and Good Governance Act, Cap. 391.10 Its independence was further strengthened in 2018 by amending the Commission for Human Rights and Good Governance (Appointment Procedure for Commissioners) Regulations GN. No.89 of 2018 to enhance transparency and accountability in the process of appointing Commissioners. CHRAGG cooperates with regional organisations and is a member of the African Ombudsman and Mediation Association and Network of African Human Rights Institution. United Nations institutions and several Development Partners also continue to support CHRAGG activities which include strengthening its branch offices.11
19. Further, CHRAGG has retained its Status “A” accredited in 2018 by the Global Alliance of National Human Rights Institution which is testament of its autonomy and independence.
The Electoral Commissions (134.17)
20. The National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC) continue to enhance their operations in the spirit of good governance. During the 2020 General Election, nomination forms of all nominated candidates were displayed for 24 hours in conspicuous locations in the Commissions, Constituencies and Ward Offices to allow candidates to inspect their names and to raise objection.
21. Election campaigns were governed by the Electoral Code of Conduct, 2020 which was endorsed and signed by all political parties. All campaign disputes were handled openly and fairly and issues in relation to breach of the Electoral Code of Conduct were referred to the Electoral Code of Conduct Committees.12 Every registered political party had equal right to participate in political activities and was treated equally. Each political party during voting, counting, tallying and announcements was permitted to appoint polling agents to represent and safeguard the interest of its candidate(s) polling station(s) in compliance with the National Elections Act, Cap 343.13
22. In Tanzania Zanzibar, the Election Act No.4 of 2018 and its regulations promote democracy and participation as do the Election Regulations of Registration, 2019, the Election Regulations, 2020, the Election Code of Ethics, 2020 and the Election Petition Rules of 2020. Normative measures to enhance the work of the ZEC included repeal of the Election Act, No. 11 of 1984 and enactment of the Election Act No. 4 of 2018 which introduced early voting,14 established the procedure for voter’s education, demarcated powers and limitation of National and International election observers and increased the Commission’s powers and execution of its functions. Also, the reformation of ZEC in 2017 further strengthened the independence of the entity.15
23. In the 2020 General Election, all 19 registered political parties participated whereby 15 contested for presidency of the URT and 17 for presidency of Tanzania Zanzibar. 19 political parties participated in the contest for Members of Parliament, Members of the House of Representatives in Tanzania Zanzibar and Ward Councilor’s election.
The National Human Rights Action Plan (134.30)
24. The URT continued to implement the National Human Rights Action Plan (NHRAP) of 2013-2017 which contained a reporting system that enabled stakeholders to submit implementation reports of their activities.
134.21, 134.22, 134.24, 135.25, 134.26, 134.27, 134.28
25. The NHRAP underwent a final evaluation in 2017. The achievements of the NHRAP were tabled before the Parliamentary Committee on Constitutional and Legal Affairs on 1st November, 2018.16
134.23
26. The implementation of the NHRAP was supported by Development Partners (DPs) including the United Nations Development Program (UNDP) and the European Union (EU).17 Moreover, international and national Non-Government Organisations (NGOs) also supported the NHRAP.18
134.29
27. Civil Society Organisations (CSOs) were engaged in the implementation and evaluation of the NHRAP. CHRAGG entered into a Memorandum of Understanding (MoU) with 20 NGOs from Tanzania Mainland and Tanzania Zanzibar to implement the NHRAP.
Human Rights Programs (134.32, 134.33)
28. Correctional Science Courses which incorporate a human rights component have been conducted for Prison staff whereby 86 were trained in administrative and human rights issues in 2016 and 101 in 2020. Further, the Police Force changed its Training Syllabus in 2016 to include human rights principles and the duty to adhere to them while discharging their duties.19 Also, in 2020 a total of 218 Senior Police and Prison Officers were trained on human rights and legal aid matters.
29. In Tanzania Zanzibar, there is ongoing capacity building for Prison Officers. Two training session were held in 2016 and 5 training sessions have been held for senior and junior officials on human rights standards in 2020.20
134.90
30. The Police General Orders (PGOs) require Officers of all ranks to respect human rights in the execution of their duties contrary to which they are held responsible for any violation. Several Police Officers have been charged with criminal offence because of excessive use of force in the execution of their duties. An example is the Police Officer who caused the death of a Journalist Daudi Mwangosi, the Officer was charged in the court of law for the offence of manslaughter, convicted and sentenced to 15 years imprisonment in 2016.
134.34
31. The URT has continued to host international institutions mandated to promote and protect human rights such as the International Residual Mechanism for Criminal Tribunals, the African Court on Human and Peoples’ Rights, the East African Court of Justice and the African Union Advisory Board on Corruption.
32. In March 2019 the URT extended relief aid to Mozambique, Zimbabwe and Malawi following the impact of Cyclone Idai.21 The URT is also a committed troop contributing country to UN-Peacekeeping Missions, with 1,759 personnel serving in six different UN missions.22 Police and Prisons Officers also participate in UN peace-keeping missions.23
33. The URT has also been hosting refugees from Rwanda, Burundi and the Democratic Republic of Congo (DRC) and in collaboration with UNHCR ensures they are provided with basic needs. In 2019 the URT hosted 305,983 refugees and asylum seekers and in 2020 the URT hosted a total of 274,533 refugees and asylum seekers.
134.37
34. The CHRAGG and CSOs participated in the dissemination of the UPR recommendations, their implementation and preparation of this National report.
Human Rights and the Sustainable Development Goals (134.35)
35. The URT has continued to make progress in implementing the internationally agreed commitments on the Sustainable Development Goals (SDGs). It formally started implementing the SDGs in 2016 carrying forward the work that was started by the previous global agenda, the Millennium Development Goals (MDG’s). The formulation of SDGs coincided with formulating the second National Five-Year Development Plan (FYDP) of 2016/17-2020/21 as the second medium term framework for implementing the Tanzania Development Vision 2025. This accorded the country the opportunity to integrate the priorities of the 2030 Agenda in the medium-term plan therefore ensuring the policies attached to the SDGs are well integrated into National Policies. This resulted in implementation of the FYDP II while at the same time achieving the SDGs. This was supported through SDGs sensitization through a series of awareness raising workshops for MDAs and LGAs, to ensure that areas identified in the SDGs are implemented in line with the implementation of the FYDP II. A wide range of stakeholders from different sectors were involved in the implementation of the FYD II thus providing opportunity for stakeholders to agree on various policy and operational matters related to the implementation, monitoring and reporting of SDGs throughout the FYDP II.
36. Policy review has also been ongoing to ensure the SDGs are integrated in the development agenda.24 The National Environmental Policy, 1997 was reviewed to integrate climate change (SDG.13), gender issues (SDG.10) and good governance (SDG.16).25 Further, projects are being implemented to combat the effect of climate change to realise SDGs 1,2,3,4 and 1326 through sustainable land management of Lake Nyasa catchment.27 37. The Zanzibar Strategy for Growth and Reduction of Poverty, 2016-2020, developed to achieve Zanzibar Vision 2020, considered the SDGs and the Zanzibar Gender Policy and its Implementation Plan of 2016-2020 was developed in line with SDG 10 to reduce inequalities. Further, Zanzibar Vision 2050 was developed incorporating the SDGs and is being implemented.
Human rights treaty obligations (134.39)
38. The State is in the final stages of validating State Party Reports on the International Convention on the Rights of Persons with Disabilities (2006), the International Convention on the Rights of the Child (1989) and the International Convention on the Elimination of All Forms of Discrimination against Women (1979). These will be submitted to the relevant treaty body committees by the end of 2021.
Violence against women and children (134.41, 134.51, 134.71, 134.54, 134.55, 134.57, 134.64)
39. The URT continues to implement the National Plan of Action to end Violence Against Women and Children (NPA-VAWC 2017/18-2021/22) which aims at reducing violence against women and children by 50% in 2022.28 A direct outcome of the Action Plan is the establishment of 16,343 Women and Children Protection Committees from village to National level. Also, the Guideline to end Gender-Based Violence in Higher and Middle Learning Institutions of 2019 is operational.29
40. In order to strengthen the capacity of law enforcement officers to combat violence against women and children, Gender and Children Desks are established in law enforcement facilities and by 2020, 153 desks were operational in Prisons and 420 in Police Stations.
41. In Tanzania Zanzibar, the National Plan of Action to end violence against Women and children 2017-2022 is being implemented. Gender Based Violence (GBV) Committees are established in all 388 Shehia and there are ongoing campaigns on anti-violence against women and children.30 There were also 15 Children Desks and 11 One Stop Centres in Tanzania Zanzibar by 2020.
42. Further, the Child Protection Unit under the Ministry of Health has been strengthened with the provision of counseling support to victims and capacity building programs for law enforcement authorities on handling cases of violence against women and children.31
134.42, 134.70
43. All laws prohibiting violence against women and girls including rape and Female Genital Mutilation (FGM), domestic violence and violence against persons believed to be practicing witchcraft are enforced. In harmonizing policy on the CEDAW with regard to elimination of FGM the URT has been implementing the National Anti-FGM Strategy and Implementation Plan 2019 - 2022 and the Cross-Border Anti-FGM Plan of Action for East African Countries of 2019 to prevent FGM practices across borders.
134.49
44. Safe Houses providing social welfare services to victims of violence have increased whereby in 2016 there were 3 One Stop Centres in 3 regions and 2 Safe Houses and in 2020 there were 13 One Stop Centres in 10 regions.32 The URT continues to operate a Child-free Helpline whereby in 2019 a total of 3,044 children were attended and by February 2021 a total of 3,763 children have been referred and linked with service providers. The URT is also operating 5 safe houses and 2 children’s homes to accommodate children who are victims of violence. Further, Child Protection Case Management Standard Operating Procedures of 2017 for Social Welfare Officers to provide a place of safety, psychological care and support are being applied in all 184 Councils.33
45. In Tanzania Zanzibar, the “Baba Bora program’’ that campaigns for paternal inclusion in child raising was launched in 2017.
134.50, 134.52, 134.53, 134.69
46. As part of efforts to end violence against persons believed to be practicing witchcraft the National Strategy to Eradicate the Killing of Elderly 2018/2019-2022/2023 was developed. This led to the establishment of 14,416 Older Persons Councils at Village/Mtaa, Ward, District, and Regional Levels which work to ensure the safety and security of older persons.34
134.57, 134.58
47. The National Anti-Trafficking Action Plan of 2018-2021 is operational in Tanzania Mainland and Tanzania Zanzibar.35 In Tanzania Mainland, a National Guideline for Establishment and Management of Safe Houses for victims of Trafficking in Persons and Survivors of Violence were developed in 2019 and 6 shelters and safe houses for victims of trafficking established in 5 Regions.36 Also, Standard Operational Procedures have been prepared to support children who are victims of trafficking and there is a joint action plan with the International Organisation for Migration 2020/2021 to combat trafficking of persons.
48. Perpetrators of trafficking in persons offences are being dealt with as the URT prosecuted 272 perpetrators in 2016, 202 in 2017, 173 in 2018, 30 in 2019 and 179 in 2020.
49. In Tanzania Zanzibar, Safe Houses for child protection have been strengthened as in 2016 there were 187 Children Care Centres which increased to 230 centres in 2020.
134.58, 134.59, 134.57
50. The URT has made efforts to prevent cases of sexual abuse of children in the streets, for example the URT implemented a program to identify and reunite children in 6 prevalent regions with their families and communities whereby 5,390 children (3,852 boys and 1,538 girls) were provided basic welfare services, 135 Children (92 boys and 43 girls) were reunited with their families, 821 children (519 boys and 302 girls) were given scholastic materials and 75 children (58 boys and 17 girls) were supported with household economic strengthening services by 2020.
51. Further, a Joint Government and Railway Children Action Plan 2020/2021 developed the National Guideline on Children’s Reintegration with Families which was launched in 2020.
52. In Tanzania Zanzibar, One Stop Centres have been established in all District Hospitals and gender and children desks established in all police stations which also address sexual abuse of children.37
Non-discrimination (134.43, 134.45, 134.46, 137.47, 134.100, 134.36, 134.122)
53. The Constitution and laws guarantee participation of women in all walks of life, for instance in politics the URT had a female Vice-President from November 2015 until March 2021 when she became the 6th President and Commander-In-Chief of the Armed Forces of the URT. In the 2015 National Election there was 1 female candidate and 1 female running mate candidate for the President of the URT while in the 2020 National Election 2 political parties had female presidential candidates and 5 political parties nominated female running mates for the presidential post of the URT.
54. The Deputy Speaker and Clerk of the National Assembly are women and the National Assembly is constituted at 36.38% women parliamentarians compared to 34.6% in 2015. There is also judicial diversity as women Judges constitute 41% of the Court of Appeal Judges (10 women out of 24 Judges) and 38% of the High Court Judges (31 women out of 85 Judges). There are currently 5 women Regional Commissioners out of 26 which is 19%, there are 43 women District Commissioners out of 139 which is 31% and 55 women District and Municipal Directors out of 184 which is 29%. There are also 12 women Regional Administrative Secretaries out of 26 which is 46% and 36 out of 133 District Administrative Secretaries are women.
55. Women in the Public Service have also been empowered through scholarship programs as from 2015 to February 2020 a total of 742 female public servants received scholarships and in 2019, 66 female Prison Officers and 16 women Police Officers were trained on legal aid and Gender Based Violence (GBV).
56. The Societies Act, Cap. 337 encourages women and elderly societies to be registered to foster their social and economic development. This has resulted in registration of 170 societies between 2017–2020 compared to 152 societies registered between 1955–2016.
57. Gender equality in the public service is progressing whereby by in March 2020 women employees were 225,149 which is 42.7% of 527,281employees.
58. Women participation in all sectors is encouraged including by establishing a Women Participation Unit in the Ministry of Works and Transport to facilitate women participation and contribution in the construction industry whereby from 2016 to June 2020, the WPU trained 400 women in implementation of roads works activities and projects.38 Further, women in the meteorological sector are encouraged to reach management and decision- making level and 3 of the 8 members of the Meteorological Board are women.39
59. The economic empowerment of women is key in eliminating discrimination against women and children. The Tanzania Social Action Fund (TASAF) implements projects aimed at women economic empowerment at households (HHs) level. This includes a national-wide Productive Social Safety Net Programe under the third phase of TASAF. The objective of this programe is to enable poor HHs to increase income and opportunities. By
the year 2019, about 1,118,741 HHs were enrolled, where 5,127,730 (52% female and 48%
male) benefited from the programe.40
60. The wellbeing of adolescent girls and young women is being promoted through life skills and economic empowerment programs. 8,082 young women were trained on self- awareness, leadership, decision making and goal setting skills by 2020. Also, 1,808 young women benefited from the Youth Development Fund41 between 2016/2017 to 2019/2020.42 61. In Tanzania Zanzibar, the Zanzibar Gender Policy of 2016 was developed which calls for equality and non-discrimination and there are economic empowerment programs for women under the President’s Office, Ministry of Economic Empowerment and Investment. The Zanzibar Reproductive Maternal, New Born, Child and Adolescent Reproductive Health Strategic Plan (2019-2023) removes gender gaps in reproductive health and reproductive health and economic empowerment activities are implemented through Gender Policy Strategies. Community awareness is also raised on gender programs and reproductive health. There has also been an increase of youth friendly services to adolescents and male involvement in maternal and child care has increased.
Child labour (134.65, 134.66, 134.68)
62. Child labour is being curtailed as the URT developed a National Strategy on Elimination of Child Labour 2018-2022 to reduce child labour from 29% to 9% by 2022 including a program to eliminate child labour in tobacco plantations in Tabora Region.43 A comprehensive coordination and collaboration mechanisms is being implemented with a target to increase child labour data and information for informed decision from 24% to 85%
by 2022.
63. The Zanzibar National Action Plan on elimination of Child labour of 2009-2015 was implemented44 and the Labour Commission monitors child labour every six months resulting in 100 children being withdrawn from the labour market in 2020.
134.67
64. Labour laws prohibiting child labour are being enforced as Labour Officers have been issuing Compliance Orders in accordance with the provisions of the Labour Institutions Act, Cap 300 and the Law of the Child Act, Cap.13 and compounding offences for non-compliance. Work permits for foreign investors are cancelled for those who employ children as prohibited by the Employment and Labour Relations Act Cap 366.45 An application is filed in Court for the executions of Orders46 for employers who fail to comply with the orders of the Labour Officers and criminal proceedings are instituted.47 A person found guilty may be subjected to either, imprisonment, fine or both. Labour Inspection Tools have also been improved to include a section on inquiries of child labour in different areas including mines, factories and plantations.
65. In Tanzania Zanzibar, the community is trained on child labour protection and in 2020 awareness was raised to 600 children involved in sea weed farming, 250 children dealing with stones sales and 15 Children in cloves farming.48
Persons with disability (134.119)
66. The URT has adopted legislative measures in favour of Persons with Disability (PWDs), for example the Local Government Finance Act, Cap. 290 was amended to stipulate that out of 10% of Council revenue 2% be directed to economic empowerment programs for PWDs in their respective areas. Further, the National Elections Act, Cap 343 gives priority to voters incapacitated by blindness or any other physical disability to be assisted by a person of their own choice in recording their vote.49 The Legal Aid Act, No. 1 of 2017 which among other things mentions PWDs as one of the target groups, provides for representation of PWDs in the Legal Aid Advisory Board50 and the Legal Aid Regulations of 2018 stipulates that offices of Legal Aid Providers be physically accessible by PWDs.51
67. There has been continued focus on issues affecting PWDs by implementing different policies and programs to empower PWDs over the reporting period which include:
(a) Provision of 2% of the proceeds from the local revenue of each Council for the provision of loans to PW’s for economic recovery. The total number of groups that have received the funds is 1150 and the amount disbursed in TZS. 5,660,774,107.81;
(b) Economic Empowerment of PWDs through the Tanzania Social Development Fund (TASAF). A total of 176,035 Poor Households of PWDs have benefited from this fund;
(c) Provision of Vocational Education Training in Colleges of PWDs where a total of 376 students received training;
(d) Preparation of a Guide for the operation of the National Fund for Persons with Disability with a budget allocated of TZS. 202,300,000; and
(e) Capacity building through skills development programs including apprenticeship and entrepreneurship.
68. The Persons with Disabilities Act No. 9 of 2010 and the Zanzibar Persons with Disability (Rights and Privileges) Act No.9 of 2006 are both under reviewed. The intention is to harmonise these laws with other legislation such as in the areas of employment,52 access to public services53 and when receiving evidence from vulnerable or intimidated witnesses including children and PWDs.54
137.72, 134.74, 134.76, 134.79, 134.87, 136.22, 134.56, 137.65, 134.81
69. The URT provides structural support to persons with disabilities by registering Disabled Peoples’ Organisations (DPOs), Societies and NGOs established to support Persons with Albinism (PWAs). The URT developed a Joint Guideline on Coordination of NGOs in 2020 where each sector has been directed to corporate with NGOs in consideration of their roles and duties. The URT also provides support by including PWAs in developing National policies and plans.
70. The Government coordinates annual commemoration of national events as platforms for sensitisation on the rights of PWAs. These include International Disability Day on 3rd December, International Albinism Awareness Day on 13 June and Human Rights Day on 10th December to raise public awareness on the dignity and capability of PWAs. They are celebrated at National, Regional and District Levels of the Country, thereby ensuring that awareness on the rights of PWAs is broad and reaches as many people and communities.
Further, Security and Safety Committees for Persons with Albinism have been established from local to regional level to oversee the security, safety and provision of support to PWAs.
71. The Government collaborates with other stakeholders to supply sun screen lotions which are ordered by Councils for PWAs in their constituency and provides cancer, and pre-cancer treatment at no cost. The Skin Cancer Prevention Programe (SCPP), founded by the Government in collaboration with Standing Voice (SV) and the Regional Dermatology Training Centre (RDTC), provides dermatological healthcare to 6,499 PWAs whereby 3,341 patients receive full clinical service for skin cancer screening, sun protection education, cry therapy treatment, minor surgery and referrals to Government hospitals for major surgery. The URT has continued to provide sunscreen lotions to PWAs in all District hospitals in the country and has continued to provide clinical equipment for PWAs.
72. The URT also reviewed taxes with the aim of making necessary products for PWAs such as low vision assistive devices, dermatological products and sunscreens available at little to no cost.
73. In Tanzania Zanzibar, an Albinism Clinic was established at the Mnazi Moja Hospital in 2020. Also, Shehia Committees were established with the objective of creating awareness on disability issues at the grass root level.
137.72, 134.82, 134.83, 134.84, 134.83, 137.65
74. The URT continues to prioritize investigation and prosecution of cases where PWAs are victims.55 In 2006 there were 68 incidences of attacks and killings of PWAs which were reported in police stations and this reduced to 3 reported incidences in 2017. All forms of violence against PWAs are criminalized and perpetrators have been charged with criminal offences including murder, attempted murder, assault, causing bodily harm, trafficking and kidnapping. All perpetrators are arrested and prosecuted and by 2020, 32 cases had been prosecuted with 11 in the Resident Magistrates Court, 17 in the High Court and 4 at the Court of Appeal. The same administrative and legal measures have been geared towards protecting vulnerable groups as it has been explained across the report.
134.75, 134.77
75. Children with albinism who were being kept in temporary housing shelters for their safety have all been returned to their families and communities and the shelters have reverted to their original purpose. This is a reflection of how the attacks and killings of PWAs was strategically addressed by the URT to the extent that security and safety of persons and children with albinism has been restored.
134.73
76. The URT has made efforts to increase PWAs in decision making and high positions such as appointment to ambassadorial positions.56
134.78, 134.85, 134.86, 134.87, 136.22
77. The Government, the CHRAGG, DPOs and CSOs have ongoing advocacy campaigns which incorporate religious, traditional, other influential leaders and policy makers to promote positive norms of PWAs. The URT also prohibits unlicensed traditional healers from practicing as a measure to protect PWAs.
136.23
78. The URT hosted a successful Mission Visit by the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism, Ms. Ikponwosa Ero from 18 to 28 July 2017.57
Prisons (134.89, 134.90)
79. The URT continues to take initiatives to reduce congestion of inmates in prison and to promote good living conditions. Two (2) prisons facilities have been constructed and 20 have been rehabilitateded over the reporting period. Also, between September 2016 and April 2021, a total of 48,820 inmates were released through presidential pardons, 5,608 through parole and 4,262 awarded community service sentences.
80. Inmates continue to have access to education and 3 inmates have graduated with a first degree in law and 1 inmate is pursuing a PhD over the reporting period. Furthermore, 80% of convicts participate in various economic, social and recreational activities.58 There are health facilities in all prisons and one General Prison Hospital has been built in Ukonga Prison in the Region of Dar es Salaam and medical officers recruited.
81. In Tanzania Zanzibar, 5 correctional centres have been refurbished and 1 facility for children constructed.59 TVs and Radios for inmates have been purchased, dormitories established instead of cells, provision of reproductive health services for women, strengthening of the complaints mechanism in prison settings and expansion of the rehabilitation programs including the Prison Education Program (PEP).
Access to justice (134.91, 134.88, 134.93)
82. As part of the URT’s efforts to enhance access to justice, the Legal Aid Act Cap. 21 was enacted in 2017 and the Legal Aid Regulations, 2018 developed with the objective of assisting indigents to access justice. Implementation of the Act has led to establishment the Office of the Registrar of Legal Aid Providers at National level and appointment of 209 Assistant Registrars in all Districts. The Government coordinates Legal Aid Providers (LAPs) to provide legal aid through a system that involves their training, monitoring and evaluation to ensure quality of legal aid services60 and there are currently 600 LAPs.61 Legal Aid has also been provided in detention facilities in Police Stations and Prisons from 2017 to 2020 where 872 women and 10,352 men received legal aid. Also, juvenile detention centres were visited and 11,524 children received legal aid.62
83. In 2018, the URT underwent institutional reforms by restructuring the Office of the Attorney General63 and establishing the National Prosecutions Service (NPS)64 and the Office of the Solicitor General65, the objective being to develop specialization and efficiency in the three offices and maintain the independence of the NPS.
84. Expedition of cases was addressed through introduction of Plea bargaining,66 video conferencing, and the Civil Procedure Code Cap. 33 was amended67 permitting the Court to forego technicalities and proceed to determine cases on merits. In order to further enhance dispensation of justice through alternative dispute resolution, the Arbitration Act, Cap 15 was passed on 14th February, 202068 and the Registrar of Arbitrators, Negotiators, Mediators and Reconciliators has been appointed.69 The pecuniary jurisdiction of Primary and District Courts has been extended to enable adjudication of cases to these Courts which prior were instituted in the High Court hence, a reduction of costs and time.70
85. Integrated Justice Centres (IJC) have been established to facilitate smooth operations and provision of standard Court services in 6 zones. The IJC provide legal services in one geographic location or building to enable users to receive quality justice services.
86. In enhancing the rights of children in contact with the law, the URT implemented the First Child Justice Strategy 2013-2017 and is implementing the second Child Justice:
Five Year Strategy for Progressive Reform 2020/21–2024/25.71 The Chief Justice’s Circular No. 2 of 2018 on the Protection of identities of Children before the Court was promulgated and The Juvenile Court Rules of 2019 (GN 154/2019) was enacted to facilitate access to justice and right to fair trial for the child. In 2020 Resident Magistrates Courts and District Courts were designated as Juveniles Courts and there are currently 148 Juveniles Courts across the Country.72
87. Tanzania Zanzibar established the Legal Aid Policy of 2017 and the Legal Aid Act of 2018 and passed the Legal Aid Regulations in 2019. In 2020, the Legal Aid Act was translated into a simple version, Guidelines for registration of Legal Aid Providers and a Code of Conduct for Legal Aid Providers were developed, a Legal Aid baseline assessment was conducted and an Annual Legal Aid Report published.
88. Human resources in the administration of justice improved as the number of Judges and Magistrates increased from 6 in 2016 to 9 in 2020 and institutional measures to address child justice was considered with the construction of a special Children’s Court in 2017.
134.92
89. Human and material resources to further enhance access to justice includes the Government’s collaboration with CSOs and training 2,746 Paralegals in wards across the country and registering a total of 620 Paralegals to provide legal aid in rural areas. In 2018, the Judiciary piloted Mobile Courts in 2 Regions73 and by 2020 861 cases were disposed through mobile Court services as part of increasing the geographical outreach of justice.
90. Virtual Courts are also being utilised to extend judicial services. Currently, all High Court Registries are equipped with video conference facilities74 and a total of 14,641 cases were disposed through virtual courts. There are also 948 Court buildings across the country and 40 new modern Court buildings were constructed from 2016 to 2020. Primary Courts
are in 799 Councils while District Courts are in 118 Districts. Resident Magistrates Courts are in 31 Regions and 22 High Court Divisions have been established across the country.75 91. In Tanzania Zanzibar, there are 259 LAPs and 13 television and radio programs on legal aid have been aired. There are also 136 registered Paralegals.76
134.94
92. In Tanzania Zanzibar, juvenile Courts increased as in 2016 there were 3 children’s Courts and the establishment of 1 children’s Court, in 2017 increased the number to 4.77 Further the Zanzibar Prison Strategic Plan of 2016-2021 is being implemented to improve prison conditions.
134.95
93. The URT investigates promptly all attacks against journalists through the justice system which has been constructed to accommodate all complainants and victims without discrimination.
Freedom of expression and the right to information (134.96)
94. In the URT Claims of interference with freedom of expression are addressed through judicial processes or administrative complaints. A total of 6 cases have been filed in the High Court and the East Africa Court of Justice concerning provisions of media laws and regulations.
95. The Government also entered into dialogue with media practitioners and amended some legislation78 in order to ensure freedom of expression and right to information are promoted and protected. There is also non-interference in media business as evident from media plurality, in 2020 there were 250 Newspapers, 44 television stations, 198 radio stations, 440 online TV stations, 23 online radios and 120 blogs.
96. In Tanzania Zanzibar, the Zanzibar Broadcasting Policy of 2016 ensures freedom of expression and right to information. There are also a number of media organization operating including WAHAMAZA, Zanzibar Press Club, Pemba Press Club, ODEYJO and TAMWA.
Freedom of assembly and association (134.97, 134.98)
97. Freedom of Assembly and Association which is a Constitutional right in the URT is being promoted as political parties are allowed to conduct public meetings and processions in compliance with the applicable laws, regulations and procedures.
98. In 2019 the Societies Act, Cap. 337 was amended through Act No. 3 of 2019 to provide room for every individual to associate freely and the Registrar of Societies provides awareness and education to the public on registration and management of societies. The amendment also provides a clear definition of Societies.
99. In 2020, a total of 252 Civil Society Organization were accredited by NEC to provide voter education in the whole country with 245 in Tanzania Mainland and 7 in Tanzania Zanzibar. Moreover, in the 2020 General Election, NEC extended invitation to local and international observers to apply for Election Observation whereby 114 applications were received.
100. The law requires CSOs to conduct their business with transparency and accountability for funds received from donors, to meet the intended objectives and beneficiaries. The URT has created an enabling environment for them to conduct their activities and the number of registered NGOs has increased from 8,047 in 2015 to 10,745 by September 2020.
101. A safe and enabling environment for all political parties guaranteed in Tanzania Zanzibar through the Zanzibar Electoral Commission Office, Act No. 1 of 2017 and
amendment of the Political Parties Act in 2018 which provides for the rights of political parties to participate in elections. This was compounded with the development of Code of Ethics for political parties in 2020.
134.99
102. ZEC is at the forefront of ensuring the universal rights of Zanzibaris to elect their President and Members of House of Representatives through free and fair elections by taking normative and administrative measures as referred to in paragraphs 20, 22, 23, 97, 99 and 101.
Land rights (134.102)
103. The URT improved service delivery in order to clarify land rights with the formation of the National Land Advisory Council,79 introduction of electronic systems for paying land related bills and speeding-up land disputes resolutions. The Government also formed a committee involving eight sector Ministries to address 975 villages with land disputes.
104. Strategic interventions were developed including rolling-out of Integrated Land Management Information System to provide land services and increase awareness creation to the public on land policies, laws and regulations.80
105. In Tanzania Zanzibar, the Commission for Lands was established and a review of the Land Tenure Act No. 6 of 2018 on awarding compensation of land led to strengthening management of land. This included increased land surveys (1,612 surveyed) provision of land lease (447 lease granted) and mapping preparation (619 mapping conducted). There was also an increase in urban and rural development from 2016 to 2020 as 5 towns were developed and 4 open spaces upgraded.
106. In order to expedite adjudication of land disputes, Magistrates in Land Tribunals were increased from 5 in 2016 to 6 in 2020, Courts handing land disputes increased from 1 in 2016 to 4 in 202O and 832 land disputes were resolved by 2020.
134.103
107. The Land Policy of Tanzania, 1995 is being reviewed to address issues of inequality in the land tenure system between women and men, access to land without discrimination and limitations which are imposed by customs and cultural practices.
108. In Tanzania Zanzibar, the Land Policy of 2018 was developed which includes a policy strategy on gender and vulnerable groups.
Education (134.38, 134.103, 134.117, 134.109, 134.112, 134.113, 134.114, 134.116)
109. The URT is implementing a fee free education policy for all children at the level of primary and secondary education and allocates TZS 24 billion (USD10.3 million) monthly towards this spending a total of TZS 945,987 billion from 2016 to August, 2019. This investment has increased students enrolled in public primary schools from 8,342,284 in 2016 to 10,460,785 in 2020 and students enrolled in public secondary school from 1,469, 589 in 2016 to 2,172,257 in 2020.81
110. The URT is also implementing the Secondary Education Quality Improvement Program (SEQUIP) with the objective of empowering girls through secondary education and life skills and reducing barriers to girls’ education by facilitating access to secondary schools.82
111. Teaching and learning environments were improved at the technical and vocation education level through rehabilitation of training equipment in 40 training colleges, equipping Arusha Technical College with new teaching and learning equipment, and construction and rehabilitation of 10 vocational Centers capable of enrolling 5,000 students.
Teaching and learning environment in higher education was also enhanced by awarding loans to higher learning students from TZS341 Billion in 2016 to TZS450 Billion in 2020.
112. Tanzania Zanzibar also implements the fee free education policy and implemented the Zanzibar education Development Plan of 2017-2018. Special schools for girls have been established which increased from 1 in 2016 to 3 in 2020 and 22 Science Hubs to encourage the girl child to pursue sciences were established between 2019–2020.83 There are also school feeding programs and 2 online education platforms were established by 2020.
134.111
113. Water and sanitation facilities in schools have been improved as 6,629 toilets were constructed between 2015 and 2020. In Tanzania Zanzibar, 247 wash facilities were built by 2020 and there is ongoing construction of toilets in schools. Also, an assessment of School Water Sanitation and Hygiene (SWASCH) was conducted in Tanzania Zanzibar in 2018.
134.115, 134.110
114. The URT has continued to invest in the education sector to enhance education for all by improving teaching and learning environment in basic education and secondary education level. 2,898 class rooms 6,629 toilets, 535 hostels, 61 teachers house, 76 assembly halls and 16 administration blocks have been constructed between 2015 and 2020.
65 old secondary schools and 17 Teachers Colleges have been rehabilitated. Also, 1,696 schools have been equipped with laboratory apparatuses for physics, chemistry and biology subjects.
115. There were 17,174 primary schools in 2016 (16,109 public and 1,065 private) and 18,152 schools in 2020 (16,406 public and 1,746 private). There were 4,759 secondary schools in 2016 (3,614 public and 1,145 private) and 5,143 schools in 2020 (3,863 public and 1,280 private).
116. Tanzania Zanzibar has also established a centre for vocational training, built community schools84 and constructed 8 new schools in remote and high population areas by 2020.
134.118, 134.120
117. The URT continues to implement the Inclusive Education Strategy (2012–2017 and 2018–2021). One new secondary school for special needs children capable of accommodating 640 students was constructed85 and teaching and learning tools for students with special needs including braille prints, speech trainers, audio meters and white canes purchased.86
118. In Tanzania Zanzibar, schools for special needs have been strengthened and there has been supply of assistive devices and braille machines to the State University of Zanzibar. Two programs targeting children with disabilities have been developed for schools which accept children with special needs and require teachers and tools to teach children with disabilities.87 Also, inclusive education programs at the certificate and diploma level have been developed.
Safe and clean drinking water (134.104, 134.105)
119. The number of people accessing clean and safe potable water in rural areas increased from 47% in 2015 to 70.1% in 2020 and increased in urban areas from 74% in 2015 to 84
% in 2020. 1,423 water projects were implemented from 2015 to 2019 with 1,268 projects in rural areas and 155 in urban areas.88
120. The Urban Water and Sanitation Authorities connected the sewerage network and sewage disposal using special vehicles to transport waste material to treatment dams by March 2020, and the sewerage service target of 30% was met by October 2020.89 Further,
1384 charcoal dams and 103 bore holes were rehabilitated by 2020 to increase sanitation by reducing diseases that are transmitted from animals to human beings through water sharing.90
121. The Zanzibar Utility Regulatory Authority (ZURA) was established in 2016 mandated to ensure access to clean and safe potable water. Water production has increased from m3/a 55,406,606 in 2016 to 66, 749,415,608 m3/a in 2020. Also, 64 wells and 7 water tanks were constructed by 2020.91
Social welfare system (134.106)
122. Tanzania advocates for foster care and adoption services for vulnerable children through family-based care and discourages institution care. In 2016/17, 57 children were placed under foster care and 37 children in 2019/20. In 2016/17, 21 children were adopted and 24 in 2019/20. The Fit Person Schemes was established where homeless children are placed under the care of a Fit Person identified by the Local Government Authorities. The scheme is operational in 4 regions.92
123. There has also been awareness-raising on positive parenting skills in the community guided by the Parenting Training Manual of 2017 and the National Parenting Guideline of 2020.93
124. In Tanzania Zanzibar, there has been establishment of children protection units and strengthening of safe houses for children protection. A toll-free number 116 to report gender-based violence was operationalised, and Children’s Councils were established in each Shehia of each District. The one stop centers in District Hospitals and the Gender and Children Desks at Police stations also advise on the social welfare of the victim and complainants.
137.69, 137.46
125. As part of efforts to widen the social welfare system the URT prepared Guidelines for Diagnosis and Care for Vulnerable Children (2019) together with Guidelines for the Establishment and Operation of Elderly Homes (2019) and continued to provide training for social welfare officers on the identification of trustworthy people in 40 councils aimed at enhancing the protection and safety of children at risk. The training enabled the identification of 295 trustees and 527 children were placed under the care of trustworthy persons. Moreover, the URT continued to provide basic necessities (food, clothing, shelter and health care) where 349 elderly people (149 men and 200 women) received such services in 13 nursing homes; and set up child segregation programs. In the period 2015/16 to 2020 TZS 2,579,386,570 has been spent.
126. With regard to measures to promote affordable housing, in 2016 the URT took measures by preparing base maps for selected areas to expedite land surveying, mapping and land use planning; creating an enabling environment to have access to decent and affordable housing as owners and tenants; and continued awareness raising to the public on the land policies, laws and regulations.94
127. Further, public awareness on mortgage and unit/co-ownership property arrangement was conducted. A total of four (4) housing cooperatives were identified, information on Housing Cooperatives has been updated such as types of houses constructed, sources of income and the locations Guideline of establishment and Management of Housing Cooperatives Societies in the country was prepared. A draft document on Housing Standards and Guidelines was prepared; and low-cost housing technology including interlocking bricks machines were disseminated to the public including small builders’
groups.
128. Tanzania Zanzibar implements the Elder Persons Affairs Act No. 2 of 2020. The act was operationalised with the establishment of 2 Residential Care Home for older person. In 2016, 125 elderly persons were being cared for and in 2020 126 elderly persons were being cared for in the Residential Care Homes.
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