HUMAN RIGHTS

Human rights refers to "the basic rights and freedoms to which all humans are entitled"Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to work, and the right to education.
Magna Carta or "Great Charter" was one of the world's first documents containing commitments by a sovereign to his people to respect certain legal rights
“The Magna Carta" is an English charter originally issued in 1215. The Magna Carta influenced the development of the common law and many constitutional documents, such as the United States Constitution, especially its Bill of Rights, and is considered one of the most important legal documents in the history of democracy, being one of the most significant early influences on the extensive historical process that led to the rule of constitutional law today.

The Magna Carta was one of the first legal documents to limit the power of government in order to protect the rights of its citizens Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789). The Virginia Declaration of Rights of 1776 set up a number of fundamental rights and freedoms. The later United States Declaration of Independence includes concepts of natural rights and famously states "that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." Similarly, the French Declaration of the Rights of Man and Citizen defines a set of individual and collective rights of the people. These are, in the document, held to be universal - not only to French citizens but to all men without exception.
Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme of universality during the 18th and 19th centuries. In 1831 William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights" so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau, wrote about human rights in his treatise On the Duty of Civil Disobedience.which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis, in his 1867 opinion for Ex Parte Milligan, wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people".

Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers. One of the most influential was Mahatma Gandhi's movement to free his native India from British rule. Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement, and more recent diverse identity politics movements, on behalf of women and minorities in the United States.

The foundation of the International Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law, to be further developed following the two World Wars


All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ”
—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR

If every possible human rights element is deemed to be essential or necessary, then nothing will be treated as though it is truly important. ”
—Philip Alston.
He, and others, urge caution with prioritisation of rights:

“ ...the call for prioritizing is not to suggest that any obvious violations of rights can be ignored. ”
—Philip Alston.

“ Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at progressive realization) and principles (such as non-discrimination, equality and participation. ”
—Olivia Ball, Paul Gready.
At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the League's role. This body was to be the United Nations. The United Nations has played an important role in international human rights law since its creation. Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law.
Some human rights are said to be "inalienable rights." The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered."

The adherence to the principle of indivisibility by the international community was reaffirmed in 1995:

“ All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis
rtant.
International humanitarian lawThe Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant, the founder of the International Committee of the Red Cross. The conventions safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and 1907 Hague Conventions, the international community's first attempt to define laws of war. While first framed before World War I, the conventions were revised as a result of World War II and readopted by the international community in 1949.

The Geneva Conventions are:

First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols to the Geneva Convention:

Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries.
Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly on some of the 1907 Hague Conventions. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. Nearly all 200 countries of the world are "signatory" nations, in that they have ratified these conventions. The International Committee of the Red Cross is the controlling body of the Geneva conventions
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly[6] in 1948, partly in response to the barbarism of World War II. Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries.[7] The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and press upon them duties to their citizens following the model of the rights-duty duality.

“ ...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world ”
—Preamble to the Universal Declaration of Human Rights, 1948
Articles of the Universal Declaration of Human Rights
General Principles Article
1: Freedom, Egalitarianism, Dignity, and Brotherhood ·
Article 2: Universality of rights
Civil and Political Rights.
Treaty: International Covenant on Civil
and Political Rights Article
3: Right to life, liberty and security of person ·
Article 4: Freedom from slavery ·
Article 5: Freedom from torture and cruel, unusual punishment ·
Article 6: Right to personhood ·
Article 7: Equality before the law ·
Article 8: Right to effective remedy from the law ·
Article 9: Freedom from arbitrary arrest, detention, and exile ·
Article 10: Right to fair trial ·
Article 11.1: Presumption of innocence ·
Article 11.2: Prohibition of retrospective law · Article 12: Right to Privacy · Article 13 Freedom of movement ·
Article 14: Right of asylum ·
Article 15: Right to a nationality ·
Article 16: Right to marriage and family life ·
Article 17: Right to property ·
Article 18: Freedom of thought, conscience, and religion ·
Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association ·
Article 21.1: Right to participation in government ·
Article 21.2: Right of equal access to public office ·
Article 21.3: Right to universal suffrage
Social, Cultural and Economic Rights.
Treaty: International Covenant on Economic,
Social and Cultural Rights
Article 22: Right to social security ·
Article 23.1: Right to work ·
Article 23.2: Right to equal pay for equal work ·
Article 23.3: Right to just remuneration ·
Article 23.4: Right to join a trade union ·
Article 24: Right to rest & leisure ·
Article 25.1: Right to an adequate standard of living ·
Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education ·
Article 26.2: Human rights education ·
Article 26.3: Right to choice of education ·
Article 27.1: Right to participate in culture ·
Article 27.2: Right to intellectual property
Context, limitations and duties
Article 28: Social order ·
Article 29.1: Social responsibility ·
Article 29.2: Limitations of human rights ·
Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Human rights instruments are legal documents of a country or society which grant or affirm the stated human rights to their citizens or subjects.
Women's rights:
The term women’s rights refers to the freedoms inherently possessed by women and girls of all ages, which may be institutionalized, ignored or suppressed by law, custom, and behavior in a particular society. [1] These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for men and boys, and because activism surrounding this issue claims an inherent historical and traditional bias against the exercise of rights by women.

Some of the issues commonly associated with these notions include rights to:

bodily integrity and autonomy;
vote (universal suffrage);
hold public office;
work;
fair wages or equal pay;
own property and to enter into legal contracts;
education;
serve in the military; and
to have marital, parental and religious rights.[2]
Activists have campaigned, and in some places continue to campaign, for the same rights as modern men.
In 1946 the United Nations established a Commission on the Status of Women.[37][38] Originally as the Section on the Status of Women, Human Rights Division, Department of Social Affairs, and now part of the Economic and Social Council (ECOSOC). In 1948 the UN issued its Universal Declaration of Human Rights[39] which protects "the equal rights of men and women", and addressed both the equality and equity issues.
Since 1975 the UN has held a series of world conferences on women's issues, starting with the World Conference of the International Women's Year in Mexico City. These conferences created an international forum for women's rights, but also illustrated divisions between women of different cultures and the difficulties of attempting to apply principles universally[40] Emerging from the 1985 Nairobi conference was a realization that feminism is not monolithic but "constitutes the political expression of the concerns and interests of women from different regions, classes, nationalities, and ethnic backgrounds. There is and must be a diversity of feminisms, responsive to the different needs and concerns of women, and defined by them for themselves. This diversity builds on a common opposition to gender oppression and hierarchy which, however, is only the first step in articulating and acting upon a political agenda."[41] At the Fourth World Conference on Women in Beijing, The Platform for Action was signed. This included a commitment to achieve "gender equality and the empowerment of women".
Reproductive rights
Reproductive rights are rights relating to sexual reproduction and reproductive health.[44] The idea of these rights were first discussed as a subset of human rights at the United Nation's 1968 International Conference on Human Rights. The sixteenth article of the Proclamation of Teheran states, "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children."[45] Since then, reproductive rights have been established as human rights in international human rights documents[46], particularly with the ratification of the Convention to End Discrimination Against Women (CEDAW), and the adoption of the the Cairo Programme and the Beijing Platform.[44] Reproductive rights are often held to include the right to control one's reproductive functions, the right to access quality reproductive healthcare, the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence.
SEE ALSO:,
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
National American Woman Suffrage Association
League of Women Voters
Canadian Women's Suffrage Association
National Woman's Suffrage Association
Pregnant patients' rights
Legal rights of women in history
National Organization for Women

References;
^ Catagay, N., Grown, C. and Santiago, A. 1986. "The Nairobi Women's Conference: Toward a Global Feminism?" Feminist Studies, 12, 2:401–412
^ Sen, G., Grown, C. Development, crisis and alternative visions: Third World women’s perspectives. Monthly Review Press, N.Y. 1987
^ Fourth World Conference on Women. Beijing, China. September 1995. Action for Equality, Development and Peace
^ United Nations Convention on the Elimination of All Forms of Discrimination against Women: Introduction
^ a b Cook, Rebecca J.; Mahmoud F. Fathalla (September 1996). "Advancing Reproductive Rights Beyond Cairo and Beijing". 'International Family Planning Perspectives' 22 (3): 115-121. Retrieved on 2007-12-08.
^ Freedman, Lynn P.; Stephen L. Isaacs (Jan. - Feb. 1993). "Human Rights and Reproductive Choice"". 'Studies in Family Planning' 24 (1): 18-30. Retrieved on 2007-12-08. “The first comprehensive statement of human rights, the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, failed to mention reproductive rights at all. It was not until 20 years later, at the international human rights conference held in Teheran in 1968, that human reproduction became a subject tof international legal concern. The Final Act of the Teheran conference included a provision stating "Parents have a basic human right to decide freely and responsibly on the number and spacing of their children and a right to adequate education and information in this respect (United Nations, 1968)”
^ a b Amnesty International USA (2007). Stop Violence Against Women: Reproductive rights (HTML) (English). SVAW. Amnesty International USA. Retrieved on 2007-12-08. “Reproductive rights - access to sexual and reproductive healthcare and autonomy in sexual and reproductive decision-making - are human rights; they are universal, indivisible, and undeniable. These rights are founded upon principles of human dignity and equality, and have been enshrined in international human rights documents. Reproductive rights embrace core human rights, including the right to health, the right to be free from discrimination, the right to privacy, the right not to be subjected to torture or ill-treatment, the right to determine the number and spacing of one's children, and the right to be free from sexual violence.
"Reproductive rights include the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children, and the right to have the information and means to implement those decisions free from discrimination, coercion, and violence. Reproductive rights also include the right to the highest standards of sexual and reproductive healthcare.”

In general, discrimination is the discernment of qualities and rejection of people or things with undesirable qualities. This article focuses on discrimination amongst people—that is, the prejudicial treatment of different groups of people based on certain characteristics. Discrimination on grounds such as race or religion, is generally illegal in most Western democracies, while discriminating between people on the grounds of merit is usually lawful. The latter is more commonly referred to as "differentiating." When unlawful discrimination takes place, it is often described as discrimination against a person or group of people.

Gender discrimination
Gender discrimination is discrimination against a person or group on the grounds of sex or gender identity.

Socially, sexual differences have been used to justify societies in which one sex or the other has been restricted to significantly inferior and secondary roles. While there are non-physical differences between men and women, there is little agreement as to what those differences are.

Unfair discrimination usually follows the gender stereotyping held by a society.

The United Nations had concluded that women often experience a "glass ceiling" and that there are no societies in which women enjoy the same opportunities as men. The term "glass ceiling" describes the process by which women are barred from promotion by means of an invisible barrier. In the United States, the Glass Ceiling Commission has stated that between 95 and 97 percent of senior managers in the country's biggest corporations are men. [4]

Transgendered individuals, both male to female and female to male, often experience problems which often lead to dismissals, underachievement, difficulty in finding a job, social isolation, and, occasionally, violent attacks against them.

Sexism is commonly considered to be discrimination and/or hatred towards people based on their sex rather than their individual merits, but can also refer to any and all systemic differentiations based on the sex of the individuals.

Sexism can refer to subtly different beliefs or attitudes:

The belief that one gender or sex is inferior to or more valuable than the other;
Female or male chauvinism
The attitude of misogyny (hatred of females) or misandry (hatred of males); as well as
The attitude of imposing a limited and/or false notion of masculinity on males and a limited and/or false notion of femininity on females, or vice versa.
A feeling of distrust towards the opposite or same sex, most frequently operating at an unconscious level.
Title: Tanzania Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996




TANZANIA


The United Republic of Tanzania amended its Constitution in 1992 to
become a multiparty state. In October and November, the Republic held
its first multiparty general elections for President and Parliament in
more than 30 years. The ruling party, Chama Cha Mapinduzi (CCM),
continued to control the Union Government, winning 186 of the 232 seats
in Parliament. The CCM presidential candidate, Benjamin Mkapa, won a
four-way race with 61.8 percent of the vote. The islands of Zanzibar
are integrated into the United Republic's governmental and party
structure, but the Zanzibar Government exercises considerable autonomy.
The CCM won closely contested elections for the Zanzibar President and
House of Representatives held in October. International observers noted
serious discrepancies during the vote-counting process, calling into
question the reelection of CCM incumbent Dr. Salmin Amour Juma as
Zanzibar's President.

The police have primary responsibility for maintaining law and order.
They are supported by a variety of citizens' anticrime groups and
patrols known as "Sungusungu." The police regularly committed human
rights abuses.

Agriculture provides 85 percent of employment. Cotton, coffee, sisal,
tea, and gemstones account for most export earnings. The industrial
sector is small. Economic reforms undertaken since 1986, including
liberalization of agricultural policy, the privatization of state-owned
enterprises, rescheduling of foreign debt payments, and freeing the
currency exchange rate, have helped stimulate economic growth; however,
poor fiscal management, and high inflation constrained economic
progress.

The multiparty presidential and parliamentary elections were an
important development in the human rights situation. Although the
ruling party retained significant advantages, new opposition parties
were competitive in many races. However, human rights problems
persisted, including police beatings and mistreatment of suspects which
sometimes resulted in death. Prison conditions remained harsh and life
threatening. Arbitrary arrest and prolonged detention continued, and
the inefficient and corrupt judicial system did not provide expeditious
and fair trials for many citizens. There were limitations on freedom of
the press, freedom of association, and worker rights. Mob justice
remained severe and widespread, as did discrimination and violence
against women. Some abuse of children continued. Following a March 31
change to the Government's longstanding policy of offering asylum, the
Government refused entry to or forcibly repatriated several hundred
Rwandan and Burundi refugees.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom
from:

a. Political and Other Extrajudicial Killing

There were no reports of political killings. At the end of 1994, prison
officials in Bariadi were alleged to have beaten a prisoner to death
shortly before he was due to be released. The officials covered up the
death by telling the family that he had been transferred to another
prison and did not confirm the man's death for several months afterward.
No charges were filed in the case. In September six policemen in Mbeya
were detained following the death of a suspected criminal in their
custody. Credible observers estimate that police are responsible for
the deaths of as many as 10 prisoners per year. Most of these deaths
are the result of police beatings of persons in detention.

There were no developments in the January 1993 police killing of a
member of the opposition party Civic United Front (CUF) on the island of
Pemba. After a lengthy investigation, the policeman who fired the shots
was charged with murder without intent but remained free. CUF leaders
complained that the President and Attorney General of Zanzibar blocked
the prosecution of the police officer. At year's end the trial was
still pending.

Incidents of mob justice against suspected criminals continued to claim
dozens of lives. Throughout 1995 suspected thieves were stoned, beaten
to death, or doused with gasoline and set on fire. On a single day in
February, mobs in Dar es Salaam killed four suspected car thieves in two
separate incidents. In September a mob in Arusha burned a suspected
thief to death. Although police occasionally rescue suspects, there are
no reports of individuals being arrested or prosecuted for engaging in
mob justice. The widespread belief in witchcraft has led in some
instances to killing of alleged witches by their "victims," aggrieved
relatives, or mobs. Government authorities condemned these practices,
but took no active measures to prevent their occurence and rarely
prosecuted participants.

On September 13, one man was killed in a scuffle between CCM and
opposition National Convention for Construction and Reform-Maguezi
(NCCR-Mageuzi) supporters in Singida. The victim was claimed by both
parties to be a member, and no one was charged with the crime. In a
separate incident in Arumeru in September, a young NCCR supporter died
in a clash between CCM and NCCR youth gangs. No one was arrested or
charged. Harsh prison conditions led to the deaths of inmates (see
Section 1.c.).

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits the use of torture and inhuman or degrading
treatment, but the police regularly threatened, mistreated, and
occasionally beat suspected criminals during and after their
apprehension and interrogation. Although government officials usually
condemned these practices, the Government seldom prosecuted officials
for such abuses. The People's Militia Laws, as amended by Parliament in
1989, bestowed quasi-legal status on the traditional Sungusungu
neighborhood and village anticrime groups. In the past, these groups
had been criticized for using excessive force with criminal suspects.

Prison conditions remained harsh and life threatening. Government
officials acknowledged that prisons are overcrowded and living
conditions are poor. Prisons were designed to hold 21,000 prisoners,
but the prison population was estimated at 47,000. Serious diseases,
such as dysentery, malaria, and cholera, are common and result in
deaths. Convicted prisoners are not allowed to receive food from the
outside and are often moved to different prisons without notification to
their families. Pretrial detainees are held together with those serving
sentences but are allowed to receive food from the outside. There is no
outside monitoring of prison conditions.

d. Arbitrary Arrest, Detention, or Exile

The Criminal Procedures Code, amended in 1985, requires that a person
arrested for a crime, other than a national security charge under the
Preventive Detention Act, be charged before a magistrate within 24
hours. However, in practice, the police often fail to do so. The 1985
amendments also restricted the right to bail and imposed strict
conditions on freedom of movement and association when bail is granted.
Because of backlogs, an average case still takes 2 to 3 years or longer
to come to trial, during which time pretrial detainees remain
incarcerated under poor conditions. The code provides for a right to
defense counsel. The Chief Justice assigns lawyers to indigent
defendants charged with serious crimes such as murder, manslaughter, and
armed robbery. There are only a few hundred practicing lawyers in
Tanzania, and most indigent defendants charged with lesser crimes do not
have legal counsel.

Under the Preventive Detention Act, the President may order the arrest
and indefinite detention without bail of any person considered dangerous
to the public order or national security. This act was amended in 1985
to require the Government to release detainees within 15 days of
detention or inform them of the reason for their detention. The
detainee is also allowed to challenge the grounds for detention at 90-
day intervals. Despite a landmark ruling by the Court of Appeal in 1991
that the Preventive Detention Act could not be used to deny bail to
persons not considered dangerous to society, the Government has still
not introduced corrective legislation. The Preventive Detention Act was
not used in 1995. The Government has additional broad detention powers
under the Regions and Regional Commissioners Act and the Area
Commissioners Act of 1962. These acts permit regional and district
commissioners to arrest and detain for 48 hours persons who may "disturb
public tranquility."

Police continued to make arbitrary arrests, although less frequently
than in the past. For example, the police occasionally arrest relatives
of criminal suspects, holding them in custody without charge for as long
as several years in efforts to force the suspects to turn themselves in.
Those relatives who manage to get their cases before a judge are usually
set free, only to be immediately rearrested when they leave the
courtroom. The Government took no legal action to correct these abuses.
Police also detained CUF members when they attempted to campaign in
rural areas.

The editor and the publisher of two newspapers, Shaba and Rafiki, were
detained on three separate occasions during the year after publishing
letters critical of the Government. On one occasion, they were denied
food and sleep for 2 days and denied access to their lawyer for 5 days
(see Section 2.a.).

Six Angolans, who had been detained after refusing offers of asylum,
voluntarily returned to Angola in August.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary, and the
judiciary increasingly demonstrated its independence and willingness to
challenge the Government. For example, in March the High Court ruled
against the Attorney General and Ministry of Home Affairs in a high
profile commercial dispute between two brothers regarding the
misappropriation of funds. In the past senior police or government
officials pressured and sometimes reassigned judges who made unpopular
rulings; no such incidents occured in 1995.

However, the judicial bureaucracy is widely criticized as inefficient
and corrupt, bringing into question a defendant's ability to receive a
fair and expeditious trial in all cases.

There are reports of prisoners waiting several years for trial because
they could not pay bribes to police and court officials. The majority
of individuals held in the two major prisons in Dar es Salaam are
awaiting trial. Although the Government initiated efforts as early as
1991 to highlight judicial corruption, it has made little progress in
correcting the situation.

The legal system is based on the British model, with modifications to
accommodate customary and Islamic law in civil cases. Military courts
do not try civilians, and there are no security courts. Defendants in
civil and military courts may appeal decisions to the High Court and
Court of Appeal.

Zanzibar's court system generally parallels the mainland's legal system,
but retains Islamic courts to handle Muslim family cases such as
divorce, child custody, and inheritance. Cases concerning Zanzibar
constitutional issues are heard only in Zanzibar's courts. All other
cases may be appealed to the Court of Appeal of the United Republic of
Tanzania.

Criminal trials are open to the public and to the press; courts must
give reasons on the record for holding secret proceedings. Criminal
defendants have the right of appeal.

There were no reports of political prisoners. In November the
Government pardoned nine former military officers who were sentenced in
1985 to life imprisonment following their conviction for plotting the
overthrow of the Government in 1983.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The State continued to interfere with these rights, which are generally
provided for in the Constitution. The CCM has historically penetrated
all levels of society through local cells, varying in size from single
family homes to large apartment buildings and containing from 10 to 200
persons. Unpaid party officials serve as 10-cell leaders with authority
to resolve problems at the grassroots level and to report to authorities
any suspicious behavior, event, or noncompliance with compulsory night
patrol service in the neighborhood. In 1993, elections were held for
new grassroots leaders to replace the CCM 10-cell leaders in nonparty
business. In fact, few voters participated in these elections which
were boycotted by the opposition, and the 10-cell leaders retained
nearly all of their power and influence.

CCM membership is voluntary and is estimated at 2 to 3 million card
holders. While in the past, CCM membership had been necessary for
advancement in political and other areas, the importance of such
membership is waning.

The Criminal Procedures Act of 1985 authorizes police officials
(including the civilian anticrime units) to issue search warrants;
however, the act also authorizes searches of persons and premises
without a warrant if necessary to prevent the loss or destruction of
evidence connected with an offense or if circumstances are serious and
urgent. In practice, warrants are rarely requested, and police and
other security services search private homes and business establishments
at will. The security services reportedly monitor telephones and
correspondence of some citizens and selected foreign residents.

Compulsory participation in local anticrime groups known as Sungusungu
continued in some areas and waned in others.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and the press.
Opposition political party members and others openly criticize the
Government and ruling party in public forums. However, the Government
on occasion attempted to pressure the media and journalists practice
self-censorship.

The press in Tanzania is, on the whole, lively and outspoken. There are
over 50 privately owned newspapers and periodicals some of which are
owned or influenced by political parties, both CCM and opposition. The
Government continued to pressure newspapers to kill or ameliorate
unfavorable stories throughout the year, and the media continued to
practice self-censorship because of fear of Government reprisals. There
is no official censorship.

In February the Government filed sedition charges against the editor and
two publishers of the private Swahili daily Majira for an article which
embarrassed the Government over the purchase of radar equipment. Legal
proceedings were continuing at the end of 1995, but Majira continued to
publish similar articles. On two separate occasions in May and July,
the editor and publisher of the biweekly Shaba were detained following
the publication of letters from unamed army and police officers
criticizing the Government. They were charged with violating the
Official Secrets Act. In November both men again were detained
following their publishing in the Rafiki newspaper letters criticizing
the Government's management of the elections. The Government
subsequently banned Rafiki; Shaba continues to publish, and the trial of
the editor and publisher is still pending (see Section 1.d.). At year's
end, a seditious libel case against another newspaper, the Express, had
not been brought to court and the Express continued to publish.

The Government sought to maintain some control over the private media by
establishing a code of conduct for journalists and a Media Council. Led
by the Tanzanian chapter of the Media Council for Southern Africa and
the newly formed Association of Journalists and Media Workers,
journalists forced the Government to agree to a voluntary code of ethics
and Media Council instead. At year's end full registration of this
Media Council was pending government approval.

Generally, the official media--radio, television, and press--largely
reflect official positions following guidance from the Ministry of
Information. Senior officials often write editorials. Government-
controlled Radio Tanzania, broadcasting in Swahili and English, reaches
the largest audience throughout most of the mainland. Private radio and
television stations broadcast in Dar es Salaam and in a few other urban
areas.

The private television station Dar es Salaam Television (DTV) was fined
and threatened with closure for reporting a CUF victory in the election
for President of Zanzibar (see Section 3) and an erroneous report of the
death of the Prime Minister. Staff members of DTV said that they
believe the fines were retribution for political reporting, and the
station has stopped reporting controversial news.

Opposition access to the government-owned radio station, which had been
limited to a single weekly program before the election campaign,
improved during the 2-month period before the elections, and political
news was reported in a more balanced manner. On September 19, the four
presidential candidates participated in an unprecedented public debate
on an equal footing. The debate, which was sponsored by a private
newspaper, was broadcast over government-owned radio and private
television. The CCM had considerable advantages over opposition
parties, in part because of its own daily Swahili-language newspaper
(see Section 3).

On Zanzibar, radio and television are controlled by the Government,
which also practices a restrictive policy with regard to print media.
Private mainland newspapers are widely available, and residents of
Zanzibar can receive mainland television. Government-owned radio and
television on Zanzibar was biased in favor of the CCM.

Academic freedom exists in theory and largely in practice, particularly
at the university level. Academics were increasingly outspoken in their
criticism of the Government and suggestions for reform.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for the freedom of peaceful assembly and
association, and citizens generally enjoyed the right to discuss freely
political alternatives. However, the Constitution and other legal acts
limit these rights and stipulate that citizens cannot run for public
office unless they are members of a registered political party.

Political parties must give police 48 hours' advance notice of rallies.
Police have the authority to deny permission on public safety or
security grounds, or if the permit seeker belongs to an unregistered
organization or political party. Opposition parties were able in most
cases to hold rallies. Police were usually present and occasionally
ordered people to disperse for crowd control. Police used tear gas a
few times at opposition political rallies, although it was unclear
whether it was used to disrupt the rallies or in response to crowd
provocation. On Zanzibar the opposition CUF party was not allowed to
hold rallies throughout the islands until 2 months before the elections.
Following the elections, in which the ruling CCM party claimed victory,
local government officials prohibited any assembly of CUF supporters or
the use of CUF slogans.

In order to ensure public safety, regulations require nonpolitical
organizations seeking to stage a rally to have the permission of either
the District or Regional Commissioner.

The Registrar of Political Parties has sole authority to approve or deny
the registration of any political party and is responsible for enforcing
strict regulations on registered or provisionally registered parties.
The electoral law prohibits independent candidates; requires all
standing Members of Parliament to resign if they join another party;
requires all political parties to support the union with Zanzibar; and
forbids parties based on ethnic, regional, or religious affiliation.
Parties granted provisional registration may hold public meetings and
recruit members. They have 6 months to submit lists of at least 200
members in 10 of the country's 25 regions, including 2 regions in
Zanzibar, in order to secure full registration and to be eligible to
field candidates for election. Nonregistered parties are prohibited
from holding meetings, recruiting members, or fielding candidates.

The most prominent unregistered party was Reverend Christopher Mtikila's
Democratic Party, which advocates the dissolution of the union and the
expulsion of minorities from the mainland. In 1993 Mtikila was charged
with sedition, breach of the peace, and using abusive language against
the CCM and the Government following a rally; the charges were dropped
in November. Despite his political party's lack of government
recognition, Mtikila was able to publicize his views through his legally
registered church and through ongoing lawsuits against the Government.

Under the Societies Ordinance, the Ministry of Home Affairs must approve
any new association. Citizens formed several nongovernmental
organizations (NGO's) in the last few years to address the concerns of
families, the disabled, women, and children. A number of professional,
business, legal, and medical associations exist, but they have only
begun to address political topics. The Government continued to withhold
registration from a group called Defenders of Human Rights in Tanzania
(see Section 4). Opposition leaders complain that the Zanzibar
Government is even more restrictive in registering societies than the
union Government.

c. Freedom of Religion

The Constitution provides for freedom of religion, and the Government
generally respects this right in practice, subject to measures it claims
are necessary to ensure public order and safety. Missionaries are
allowed to enter the country freely to proselytize, and citizens are
allowed to go abroad for pilgrimages and other religious practices.

d. Freedom of Movement Within the Country, Foreign Travel,
Immigration, and Repatriation

Short-term domestic travel is not restricted, but citizens must follow
national employment directives stipulating the nature of employment and
location of the residence. The Human Resources Deployment Act of 1983
requires local governments to ensure that every resident within their
area of jurisdiction engages in productive and lawful employment. Those
not employed are subject to transfer to another area where employment is
available. These laws are also used as a pretext for police to solicit
bribes and intimidate urban residents. In December 1994, the Dar es
Salaam City Council rounded up 395 beggars and returned them to their
home areas. Many returned to Dar es Salaam within a few weeks.

Passports for foreign travel can be difficult to obtain, mostly due to
bureaucratic inefficiency; and authorities subject those planning to
travel or emigrate to close scrutiny. Citizens who leave the country
without permission are subject to prosecution upon their return.

Mainlanders are required to show identification to travel to Zanzibar,
and are not allowed to work or own land on the islands.

Tanzania had maintained a generous open border policy with regard to
refugees from neighboring countries who sought political asylum.
However, on March 31, the Government closed its border with Rwanda and
Burundi following the influx of more than 600,000 refugees from Rwanda
in 1994. New refugees continued to attempt to enter Tanzania, and
several hundred were forcibly returned to both Rwanda and Burundi.
Soldiers, deployed along the border to keep the refugees out, looted and
physically abused refugees they forced back across the border. On
August 17, soldiers entered the Kitali Hill refugee camp and rounded up
approximately 400 refugees from the camp's reception center and forced
149 of them across the border into Burundi.

Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government

For the first time in more than 30 years, Tanzanians exercised their
right to change their government through national elections for
president and parliament which were held between October 29 and November
19. A multiparty political system had been in place since 1992. The
CCM retained control of the presidency and Parliament, winning 186 out
of 232 parliamentary seats and 61.8 percent of the presidential vote on
the mainland. The CCM retained huge advantages over opposition parties
in membership and access to resources including its own daily Swahili-
language newspaper (see Section 2.a.). The Government also employed
tactics to restrict or delay activities of opposition parties during the
campaign. Despite these problems, opposition candidates made credible
challenges in many districts and for president. Voting was completed
without violence or major disruption, although two people were killed in
incidents that may have been campaign related.

After widespread problems with the distribution of ballots on election
day, the Government nullified the elections in seven Dar es Salaam
constituencies and held new elections in these constituencies on
November 19. Opposition parties demanded that the elections be
nullified nationwide and boycotted the rerun elections in Dar Es Salaam.
Most international and local observers, while noting the problems with
the distribution of ballots, expressed overall satisfaction with the
conduct of the elections.

The Constitution of Zanzibar allows citizens the right to change
peacefully their government; however, observers raised serious doubts
about the accuracy of the outcome of the presidential election on
Zanzibar. This contest between CCM incumbent Dr. Salim Amour Juma and
Seif Sharif Hamad of the opposition CUF was particularly close and
contentious. CCM intimidated and harassed the opposition, and did not
allow opposition rallies until 2 months prior to elections. Government-
owned radio and television on Zanzibar were biased in favor of CCM (see
Section 2.a.). Also, voter registration was limited to individuals who
had maintained the same residence for 5 years, which disenfranchised
many voters. CUF members were also detained by police when they
attempted to campaign in rural areas.

On election day, voting was completed without significant problems.
However, after the election, observers were denied access to the
tabulation of votes from the polling stations. After 4 days, the
Zanzibar Electoral Commission (ZEC), appointed by the Amour government,
announced that Amour had defeated Hamad by 1,565 votes out of a total of
328,977. Totals tabulated by CUF showed a similarly narrow victory for
Hamad. After efforts by the international community to reconcile
discrepancies in the vote counting, observers concluded that the
official results may have been inaccurate. Although these discrepancies
were brought to the attention of Union President Mwinyi, he took no
action before Dr. Amour was inaugurated as President of Zanzibar for a
new 5-year term.

Following the announcement of the CCM victory, there were credible
reports that government security forces and CCM gangs harassed and
intimidated CUF members on both of the two main Zanzibar islands, Pemba
and Ugunja. Because CUF won all 20 Zanzibar seats in Pemba, Pembans
living on Ugunja were regarded as CUF supporters and as a result were
harassed. CUF members accused police of detaining dozens of its members
including several local leaders. Some CUF supporters on Ugunja felt
threatened and reportedly moved their families to Pemba or the mainland.

There are no restrictions in law on the participation of women in
politics and government. However, in practice few women are politically
active. Eight of 232 elected members of the Union Parliament are women.
An additional 37 women from both the CCM and opposition parties were
appointed to Parliament to seats reserved for women. Three of the
Cabinet's 23 ministers are women.

Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights

The Government has obstructed the formation of local human rights
groups. Persons seeking to register human rights NGO's, such as the
Defenders of Human Rights in Tanzania, complained that the Ministry of
Home Affairs continued to delay action on their application (see Section
2.b.).

Government officials have said that visits by international human rights
groups would be welcome, including those for the purposes of visiting
prisons.

Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status

The Constitution prohibits discrimination based on nationality, tribe,
origin, political affiliation, color, religion, or lifestyle.
Discrimination based on sex, age, or disability is not specifically
prohibited by law but is publicly discouraged in official statements.

Women

Violence against women remained widespread. Legal remedies exist, but
in practice are difficult to obtain. Traditional customs subordinating
women remained strong in both urban and rural areas, and often local
magistrates upheld such practices. It is accepted for a husband to
treat his wife as he wishes, and wife beating occurs at all levels of
society. Cultural, family, and social pressure prevent many women from
reporting abuses to authorities. Government officials frequently make
public statements decrying such abuses, but rarely take action against
perpetrators.

Although the Government advocates equal rights for women in the
workplace, it does not ensure these rights in practice. In the public
sector which employs 80 percent of the salaried labor force, certain
statutes restrict women's access to some jobs and hours of employment.
While progress on women's rights has been more noticeable in urban
areas, strong traditional norms still divide labor along gender lines
and place women in a subordinate position. Discrimination against women
is most acute in the countryside where women are relegated to farming
and raising children, with almost no opportunity for wage employment.

The overall situation for women is even less favorable in heavily Muslim
Zanzibar. Women there and in many parts of the mainland face
discriminatory restrictions on inheritance and ownership of property
because of concessions by the Government and courts to customary and
Islamic law. While provisions of the Marriage Act provide for certain
inheritance and property rights for women, application of customary,
Islamic, or statutory law depends on the lifestyle and stated intentions
of the male head of household. The courts have thus upheld
discriminatory inheritance claims, primarily in rural areas. Under
Zanzibari law, unmarried women under the age of 21 who become pregnant
are subject to 2 years' imprisonment.

Several NGO's provide counseling and education programs on women's
rights issues, particularly sexual harassment and molestation.

Children

Government funding of programs for children's welfare remained
minuscule. The Government made some constructive efforts to address
children's welfare, including working closely with churches and NGO's to
assess the well-being of orphans and neglected children.

Female genital mutilation (FGM) is widely condemned by international
health experts as damaging to both physical and psychological health.
Although the Government officially discourages FGM, it is still
performed at an early age in approximately 20 of the country's 130 main
ethnic groups. Government officials have called for changes in customs
which adversely affect women, but no legislation has been introduced
which would specifically restrict the practice of female circumcision.
However, some local government officials began to combat the practice.
On July 11, parents near Dodoma were fined by local government officials
after their daughters went to a local health center with excessive
bleeding following circumcision. Seminars sponsored by various
governmental and nongovernmental organizations are regularly held in an
attempt to educate the public on the dangers of these and other
traditional practices. Health authorities believe the practice is
declining, but other sources maintain it is on the rise, especially in
central Tanzania.

People with Disabilities

The Government does not mandate access to public buildings,
transportation, or government services for people with disabilities.
Although there is no official discrimination against the disabled, in
practice the physically disabled are effectively restricted in their
access to education, employment, and provision of other state services
due to physical barriers. The Government provides only limited funding
to special facilities and programs.

Religious Minorities

The Muslim community claims to be disadvantaged in terms of its
representation in the civil service and government and in state-owned
business, in part because both colonial and past post-independence
administrations refused to recognize the credentials of traditional
Muslim schools. As a result, there is widespread Muslim resentment of
the perceived advantages enjoyed by Christians. Christians, in turn,
have been critical of what they perceive as undue favoritism accorded to
Muslims in appointments, jobs, and scholarships by former President
Mwinyi, who is a Muslim. Some leaders in both camps appear to be
playing up religious tensions. In fact, there does not at present
appear to be any serious problem of discrimination due to religion in
access to employment or educational opportunities.

National/Racial/Ethnic Minorities

In the past, the Government discriminated against the Barabaig and other
nomadic people in northern Tanzania. These ethnic groups continued to
complain of government discrimination, because of efforts to make them
adopt a more modern lifestyle and to restrict their access to land that
was turned into large government wheat farms. In August and September,
an estimated 20 people were killed in Ngorongoro district in ethnic
clashes between Maasai and Sonjo tribesmen. The Government deployed
riot police to the area to quell the disturbances.

The Asian community has declined by 50 percent in the past decade to
about 50,000, a result of considerable antipathy by many African
Tanzanians. There are, however, no laws or official policies which
discriminate against them. As the Government places greater emphasis on
market oriented policies and privatization, public concern regarding the
Asian community's economic role has increased. This has led to demands
for policies of "indigenization" to ensure that privatization does not
increase the Asian community's economic predominance at the expense of
the country's African population.

Section 6 Worker Rights

a. The Right of Association

Both the Constitution and the 1955 Trade Union Ordinance refer to the
right of association of workers. Nevertheless, workers do not have the
right to form or join organizations of their own choice. The
Organization of Tanzania Trade Unions (OTTU) Act of 1991 addresses all
labor union issues, and the OTTU is effectively the only trade union
organization in Tanzania. In August the OTTU Congress adopted a new
constitution and renamed itself the Tanzania Federation of Trade Unions
(TFTU) which, pending government ratification, is to be made up of 11
independent trade unions. The new constitution provides for the
President to retain the power to disband TFTU unions, although union
leaders began efforts to delete the provision. The individual unions
will have the right to leave the TFTU and to collect their own dues, 5
percent of which will be contributed to the federation. The OTTU
leadership assumed the leadership positions of the TFTU. Only 1 of the
11 new independent unions, the Tanzanian Teachers Union, is presently
fully registered. The OTTU represented 60 percent of workers in
industry and government, but it had little influence on labor policy.
Overall, roughly 25 percent of Tanzania's 2 million wage earners are
organized. All workers, including those classified as "essential"
service workers, are permitted to join unions, but essential workers are
not permitted to strike.

There are no laws prohibiting retribution against legal strikers.
However, workers have the legal right to strike only after complicated
and protracted mediation and conciliation procedures leading ultimately
to the Industrial Court, which receives direction from the Minister of
Labor and Youth Development. If the OTTU is not satisfied with the
decision of the Industrial Court, it can then conduct a legal strike.

These procedures can prolong a dispute by months without resolving it.

Pending a resolution, frustrated workers have staged impromptu, illegal,
wildcat strikes and walkouts.

The OTTU limited its international affiliation to regional and pan
Africanist trade union organizations. The TFTU has joined the
International Confederation of Free Trade Unions.

b. The Right to Organize and Bargain Collectively

Collective bargaining is protected by law but limited to the private
sector. Wages for employees of the Government and state-owned
organizations, which account of the bulk of the salaried labor force,
are administratively set by the Government.

Although the OTTU negotiated on behalf of most private sector employees
with the Association of Tanzanian Employers, collective agreements must
be submitted to the Industrial Court for approval. The International
Labor Organization (ILO) has observed that these provisions are not in
conformity with ILO Convention 98 on Collective Bargaining and the Right
to Organize. Tanzania's Security of Employment Act of 1964 prohibits
discriminatory activities by an employer against union members.
Employers found guilty of antiunion activities are legally required to
reinstate workers.

There are no export processing zones (EPZ's) on the mainland, but three
new EPZ's on Zanzibar. Work conditions in the EPZ's are comparable to
those in other Tanzanian work places. Labor law protections apply to
EPZ workers.

c. Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced labor. However, as in the past, the
ILO observed that provisions of various laws are incompatible with ILO
Conventions 29 and l05 on forced labor. Specifically, the Human
Resources Deployment Act of 1983 requires that every local government
authority ensure that able-bodied persons over 15 years of age not in
school engage in productive or other lawful employment. In some rural
areas, ordinary villagers are still obligated to work in the village
communal gardens or small construction projects such as repairing roads.

d. Minimum Age for Employment of Children

By law, children under the age of 12 years are prohibited from working
in the formal wage sector in both urban and rural areas. However, this
provision does not apply to children working on family farms or herding
domestic livestock.

Children between the ages of 12 and 15 can be employed for daily wage
and on a day-to-day basis, but must have parental permission and return
to the residence of their guardian at night.

The minimum age for entry into work of a contractual nature in approved
occupations is set at 15 years. The law prohibits a young person from
employment in any occupation which is injurious to health or which is
otherwise unsuitable. Young persons between the ages of 12 and 15 may
be employed in industrial work but only between the hours of 6 a.m. and
6 p.m., with some exceptions allowed. The Ministry of Labor and Youth
Development is responsible for enforcement. The effectiveness of
government enforcement has reportedly declined with increased
privatization. Approximately 3,000 to 5,000 children engage in seasonal
employment on sisal, tea, tobacco, and coffee plantations. Work on
sisal plantations is particularly hazardous and detrimental to children.
On one sisal plantation, children made up 30 percent of the work force;
only half of the children had completed primary school. They had a high
incidence of skin and respiratory problems, were not provided protective
clothing, and lacked adequate nourishment and lodging. Another 1,500 to
3,000 children work in unregulated gemstone mines. In the informal
sector, children assist their parents in unregulated piece work
manufacturing. In the last decade, the percentage of children enrolled
in primary school has dropped from over 80 percent to less than 60
percent.

e. Acceptable Conditions of Work

There is a legal minimum wage for employment in the formal sector. The
OTTU often negotiated higher minimum wages with individual employers,
depending on the financial status of the business. The legal minimum
wage is $30 (17,500 Tanzanian shillings) per month. Even when
supplemented with various benefits such as housing, transport
allowances, and food subsidies, the minimum rate may not always be
sufficient to provide an adequate living for a worker and family, and
workers must depend on the extended family or a second or third job.
Despite the minimum wage, many workers, especially in the informal
sector, are paid less.

There is no standard legal workweek. However, a 5-day, 40-hour workweek
is in effect for government workers. Most private employers retain a 6-
day, 44- to 48-hour workweek. In general, women may not be employed
between 10 p.m. and 6 a.m. Several laws regulate safety in the
workplace. An occupational health and safety factory inspection system,
set up with the assistance of the ILO, is now managed by the Ministry of
Labor and Youth Development. Its effectiveness, however, is minimal.

OTTU officials have claimed that enforcement of labor standards is
effective in the formal sector, but no verification studies have been
performed. Workers can take an employer to court through their OTTU
branch if their working conditions do not comply with the Ministry of
Labor's health and environmental standards. Workers making such
complaints have not lost their jobs as a result. Enforcement of labor
standards is nonexistent in the informal sector.

Amnesty International - Report 2002

U.S. Department of State Report on Human Rights Practices - 2001
The Tanzanian Government's human rights record was poor in 2001; while there were improvements in a few areas, there continued to be serious problems, particularly in Zanzibar. Citizens' right to change their government in Zanzibar was circumscribed severely by abuses of and limitations on civil liberties in 2000; however, the Government engaged in a dialog with the opposition in order to ensure a more open and transparent process for the next elections. On October 10, the Government and the CUF agreed to establish a joint commission to investigate reported abuses committed in January in Zanzibar. Police killed several persons, and members of the police regularly threatened, mistreated, or occasionally beat suspected criminals during and after their apprehension and interrogation. There were reports that police used torture in Zanzibar. Prison conditions throughout the country remained harsh and life threatening. Arbitrary arrest and detention and prolonged detention remained problems. Police harassment of members and supporters of the political opposition declined significantly following the October reconciliation agreement between the Government and the opposition. The inefficient and corrupt judicial system often did not provide expeditious and fair trials. Pervasive corruption continued to have a broad impact on human rights. The Government infringed on citizens' privacy rights and limited freedom of speech and of the press, and freedom of assembly and association. The Government declared that four government and party officials were noncitizens and therefore no longer could retain their positions. Police used excessive force to disperse demonstrations in Zanzibar and Dar es Salaam in January, which resulted in numerous deaths and injuries; more than 2,000 persons were displaced. In the western part of the country, there remained significant resentment and hostility directed against the refugee population; however, there was some improvement in relations due to government and donor outreach efforts with the local population. In previous years, the Government obstructed the formation of domestic human rights groups; however, there were no reports that this occurred during the year. The Government approved a bill to establish a Human Rights Commission; however, the Commission was not established until late in the year, and it did not hear any cases by year's end. The Government created the Tanzania Parliamentarians AIDS Coalition (TAPAC) during the year to address discrimination against persons infected with HIV/AIDS in the country. Violence and discrimination against women and female genital mutilation (FGM) remained serious problems. Women and girls in refugee camps suffered a high level of rape and abuse. Abuse of children and child prostitution were problems. The Government continued to infringe on workers' rights, and child labor persisted. The Government ratified International Labour Organization (ILO) Convention 182 on the worst forms of child labor during the year. Mob justice remained severe and widespread.

Source: U.S. Department of State

how will we survive?

Tanzania’s unemployment rate increases - ILO 2005
-12-21 09:01:26 By Pacifique Nkeshimana, Bagamoyo

The International Labour Organisation (ILO) says unemployment and underemployment rates in Tanzania have increased over the past decade. Speaking at the three-day sensitisation workshop for the media on new labour laws and social dialogue for productivity enhancement and poverty reduction in Bagamoyo on Monday, Ali Ibrahim, the ILO Director for Tanzania, Kenya, Uganda and Somalia said that analysis from the last Labour force survey for Tanzania indicates that the unemployment and underemployment rates increased over the past ten years at a time when the economic growth rate almost doubled. ”Urban unemployment rates attained levels of over 20 per cent and youth unemployment attained over 40 per cent,” he said. He said that the household budget survey report also revealed that in spite of the relatively rapid economic growth, poverty levels in the rural areas did not decline significantly although significant declines were recorded in some urban areas. ’These trends combined with widening distribution concerns may pose problems for the future sustainability of the current growth process if current trends are not reserved vigorously,’ he said. Though, he said that Tanzania needs to be congratulated for its own economic growth achievements in the past decade, which averaged about 5 per cent per annum, it is still about 60 per cent higher than the African average. Said he: ’The estimates of growth of the economy for 2004 and 2005 in Tanzania at about 6 to 7 percent per annum are about 50 per cent higher than the current improved African average.’ He added that Tanzania is therefore increasingly being recognised as one of Africa’s success stories in the development process. ’As the nation marches forward with confidence into the future and projects growth rates of 8 to 10 per cent per annum in the next five years as indicated in the national strategy for growth and poverty reduction (MKUKUTA), there is a need for deep reflection on the character and pattern of the growth achieved in the past and the implications for the future arising therefrom,’ he said. He also said that the employment should be at the centre of all development projects so as to enable Tanzania achieve the Millennium Development Goals (MDGs). He advised the government to start investing in human resources because a nation that cannot develop its human resources and utilize them fully and effectively in the world of work cannot achieve sustainable development. He said that the productive employment is important in order to reduce poverty.
SOURCE: Guardian

10,000 teachers’ jobs announced By Damas Kanyabwoya, DodomaThe Government of United Republic of Tanzania yesterday announced emergency steps to fill nearly 10,000 teaching jobs created in fast-expanding secondary schools.Unemployed Form VI leavers with a third division or higher are among those targeted for the positions, the Minister for Education and Vocational Training, Mrs Margaret Sitta, announced in Parliament yesterday.The government has set aside Sh8 billion in the 2006/07 Budget to finance the fire-fighting strategy to cater for the recent jump in secondary schools and student enrolment under the successful Secondary Education Development Programme (SEDP).Mrs Sitta told Parliament that the country needed 9,500 new secondary school teachers to cater for the educational needs for this year. But only 3,707 teachers graduated from teachers’ colleges and the University of Dar es Salaam this year, leaving a shortfall of 5,793 teachers.“To deal with this acute shortage of teachers this year the government has devised a short term mechanism that includes providing a one-month special teaching training course to 3,500 form six leavers whose passing levels are Division III or higher,” she said. The crash courses will be carried out at Butimba, Mtwara, Morogoro, Monduli, Tabora, Tukuyu and Korogwe teachers’ colleges.Additionally, the government will also extend for two years the contract of 250 retiring teachers who are still able and willing to continue teaching. The government is also planning to employ 260 graduating university students from other fields other than education and provide them with teaching education later in order to reduce the shortage of teachers, she said. “The government will continue to devise similar strategies and programmes to cater for increasing demands of teachers in the country,” she said.The SEDP, which was started in 2004, has made it possible for 49 percent of last year’s primary school leavers or 243,359 students to join secondary school by March 2006 surpassing this year’s target of 40 percent.Mrs Sitta said that since the programme started, the number of public secondary schools in the country has almost tripled from 649 schools in 2003 to 1,699 in May 2006. In the three years of SEDP alone 1,050 schools have been built. “One lesson we have learnt from this dramatic increase of secondary schools is that whenever there is unwavering leadership and a positive public responseTanzanians can perform wonders for the benefit of the whole nation,” she said.
Jun 17th, 2006 - 07:46:22 Kaanaeli Kaale
Workshop Report on Facing Youth Unemployment in Tanzania 1. The Workshop on “Facing Youth Unemployment in Tanzania: Challenges and the Way Forward” was held at the National College of Tourism- Dar es Salaam, from 29 to 30 March, 2006.The Workshop was organized by the National Youth Information Centre (NICE), in collaboration with the Foundation for Civil Societies. 2. Youth makes up more than 40 per cent of the world’s total unemployed. Forced by poverty and the lack of possibilities for better jobs, many young people in Tanzania have no alternative but to turn to informal activities to earn income. With economic growth being insufficient to absorb new labour force entrants, there is a danger that informal work will become the only option for large numbers of young people, thereby making the objective of a decent job for all increasingly unavailable.3. In 2004 urban unemployment in Tanzania was rated at 20 percent and youth unemployment was at 40 percent, according to ILO statistics. That Tanzania is the leading country with young female neither in school nor unemployment in Africa 64% and the second with 39 percent of youth neither in school nor in employment- Gora Mboup 20044. According to the integrated Labour Force Survey (2002) out of estimated total labour force of 17.9 million people 65% are young men and women between the age of 15 and 35. The survey also revealed that unemployment for the whole country is 12.9% and the majority of the unemployed are living in urban areas. While 46.5% of unemployed labour force is living in Dar es Salaam alone, other urban areas have 25.5% and in the rural areas unemployment rate is 8.4%. The unemployment rate for young people aged 18 to 34 is 8.6% in rural and 41.4% in the urban areas.5. The objectives of this project are:(i) Assess current policies/programmes for youth employment, focusing on the 4 main aspects including youth employability, equal opportunities, entrepreneurship and job creation(ii) Encourage/support the development of practical strategies for programme development and implementation to improve youth employability, equal opportunities, and entrepreneurship with support from the government and/or Private Sector i.e. financial institutions, private companies etc.(iii) To develop concrete ideas to contribute to short, medium and long term development of youths in Tanzania as well as to create institutional and technical contacts between the government and the youths.
In his welcoming remarks, Mr. Chrispin Mwansanga, the Executive Director of National Youth Information Centre (NICE), He told participant that unemployment problem requires two types of actions, Curative and preventive action. He concluded his remarks by emphasizing that youth unemployment is a serious problem which requires active participation of all stakeholders and that in this workshop youth should come up with realistic and practical solutions.

5. Summary of papers13. Mr. Bashiru Ally, Assistant Lecturer at the Department of Political Science and Public Administration at the University of Dar es Salaam presented a paper on “The significance of political will, in solving Youth unemployment”. The presenter, among other things, highlighted social, economical and political changes in Tanzania since independence to date in relation to employment matters. He showed concern regarding liberal policies emulated by the government because they leave employment to be determined by the market. He suggested that there should be a mechanism through which such policies are adjusted accordingly to fit into our environment. The presenter further added that most of the Tanzanians are poor and that liberal policies would do much harm to the majority, a big proportion being the youths. He insisted that good governance and strong political will by leaders is the most important issue in combating youth unemployment. He finally praised the current governments’ willingness to solve the current unemployment problem.14. E. Riwa, representative from the Ministry of Labour, Employment and Youth Development presented a paper on the “Role of the Ministry in Facilitating Youth Employment and Job Creation” The presenter briefly outlined some of governmental strategies in fighting youth unemployment in the country. She outlined several government initiatives for youth development: Youth Economic Groups, National Youth Week, Review of the National Youth Policy, Establishment of National Youth Council, Formation of Youth Organizations (Youth –NGOs), Youth Service Scheme Award Programme, and Information and Data Collection for Youth Development. She further explained in detail that at the moment the government is very willing to support youth groups who come out with innovative proposal aimed at solving the problem. She also informed the participants that at the moment the government is preparing the National Employment Strategy. She asked the participants to give their inputs in a matrix form. In her conclusion Ms. Liwa reminded participants to argue intellectually using evidence. She said “you are all from higher learning institutions, so if you want to argue something with the government you need to have three tools which are constitution of the united republic of Tanzania, the ruling party manifesto and the respective policy. You can also have other supporting documents like MKUKUTA, VISION 2025” These are the guiding instruments for the government. He argued participants to read those tools so that they all understand what is going on at the National level.15 Mr. Jonathan Kingu from TMS CONSULTANTS presented a paper on “Self Employment Opportunities through SMEs Franchising Programme”. The presenter explained that franchising is any arrangement in which the owners of a business name; Trade name, trade mark or copy right has licensed others to use it in selling goods or services. With vast experience in business, the presenter briefly explained how his firm works in the fighting youth unemployment. He highlighted some of the areas for employment creation. The presenter volunteered to assist youth groups/organizations which will be formed by seminar participants to start their own business by giving them free consultancy. He provided the participants with contacts so that they can contact him if they are serious about starting their own businesses. He said so far TMS consult has given presentation at the University of Dar es Salaam and they plan to do the same in other institutions.16. Mr. Khalidi Swabiri from University of Dar es Salaam Entrepreneurship Centre (UDEC) presented a paper on “The Role of SMEs in Job Creation and Poverty Eradication”. The presenter explained the overview of SME sector in Tanzania. The sector is estimated to generate about a third of GDP, employs about 20% of Tanzanian labour force and has greatest potential for further generation. Indeed, in the National Strategy for Growth and Reduction of Poverty (MKUKUTA), SMEs have been identified as a means to achieve the Millennium Development Goals (MDGs). He explained some constraints facing development of SMEs as unfavorable business environment, limited access to finance, lack of power to influence change, limited access to important network, limited access to support services and limited awareness and capacity. However, given its due attention, the presenter told participants that SMEs have greatest employment creation for youths. The challenge is to put policies in place that encourage youths to engage actively and productively in SMEs. He concluded his presentation by acknowledging the current initiatives by the government of fully supporting the growth of welfare to SME sector as an important step towards poverty eradication and job creation. And made his suggestion on what should be done to further strengthen SMEs. The suggestion included establishment of SMEs Bank, promoting SMEs networking through clustering, Government increase its support to SMEs and development of partnership with the government.17 A paper on “The Role of Tourism in Economic Growth and Job Creation” was presented by Mr. Fred Msemwa and Damas Mfugale from the National College of Tourism. The presenters highlighted the role tourism industry is playing in creating youth employment. They further stated that the sector employs more than 200 million people in the world. Around 110,000 were employed in 1996 and currently around 322,000 people are working in the sector in Tanzania. Thus, tourism is a potential area to secure jobs compared to other sector due to rapid growth of the industry. They argued participants to see the possibility of joining the sector instead of complaining that the sector is full of foreigners. They gave an example of hotel managers coming from outside the country. Our universities do not offer degree courses in hospitality, so if the qualification is M.A in hotel management where are you going to get such a candidate. Mind you hotels are meant to save people from different nations and not mere Tanzania.18. Mr. Godwin Kaganda, Lecturer from the Institute of Finance Management presented a paper on “The role of financial Institutions in job creation and Employment “The presenter highlighted the mechanism of financial institutions with regard to provision of financial facilities to youths. He recommended the government and other stakeholders to create enabling environment that will give youth access to enjoy financial facilities in an effort to fight youth unemployment. He concluded his presentation by informing the participants that financial institution relies heavily on the policy of the country, so the government needs to create policies which will influence financial institutions to easy their conditionality for youths to access funds.
.1.1. Forming Groups and SACCOSThe government showed its commitment to solving youth unemployment problem by advising youths to form groups and form SACCOS to enable them get support for self employment. It was recommended that the government should publicize this idea and stipulate clearly what are the criteria for forming such groups. It was suggested that a good group should combine people from different education levels. Other criteria were left to be set by the government.7. RECOMMENDATIONS
7.1 RECOMMENDATIONS TO THE GOVERNMENT7.1.2 Setting of desk to deal with youth proposalsIt was recommended that the government should establish a desk which will be responsible for receiving and scrutinizing proposals from youths. Participants suggested that to start with the government can set a desk at the ministry later on go to district level.7.1.3. EducationParticipants were of the opinion that the problem of unemployment does not only emanate from the liberal policies we emulate but also the education we receive from our educational institutions. Participants said that the current education does not meet the needs of the private sector nor self-employment. It prepares youth to take up ready made jobs in the public sector which are not available for all. It was recommended that the government should direct educational institutions to conduct a thoroughly study of the private sector to determine what are the human resources needs and adjust their curriculum accordingly.Also Career guidance and counseling should be introduced in our curriculum so that it guides pupils in choosing their career and future employment with regard to their abilities and interests. So the government should direct teachers colleges to provide this kind of training.7. 1. 4. LanguageLanguage was discussed thoroughly; the participants recommended that, the current language debate of whether Swahili or English is misled. Participants were of the opinion that Tanzanians especially those in learning institutions should master both languages. In the current global economy knowledge of more than one language is an asset. Therefore, the government should invest in both languages English and Kiswahili. 7.1.5. Availability of Official DocumentsIt was recommended that the official documents which are supposed to guide youth and other stakeholders in trying to implement various activities aimed at improving the life of Tanzanians be made available to the public and youths in particular. The documents referred here are the Constitution of the United Republic of Tanzania, Ruling Party Manifesto, the ministry’s policies both Youth Development Policy and Employment Policy. These documents give direction on how to deal with youths’ issues including employment. More ever it is important to have these documents together with programme of implementation in order for youth who are the majority of stakeholders to know the National direction, visions, MKUKUTA, MKURABITA and how they relate to MDGs and their place of action.7.1. 6. The Revised National Youth Development PolicyWhile the workshop was focusing on unemployment problem, the question of the development policy came up very clear. Participants were of the view that, the government should release this document to enable them participate effectively in different public affairs. It was noted that the issue of National Youth Council can hardly materialize if the policy is not yet realized. So the government is requested to release the policy together with the National Youth Council.7. 1. 7. Youth Regional Integration It was recommended that government establish a mechanism through which Tanzanians’ youth will participate in regional integration organs like EAC, SADC, and COMESA. The main reason was that Tanzanians’ youth will need markets and jobs in these member states. However, if there is no established mechanism youth cannot participate effectively and end up complaining about the influx of youth from other countries to Tanzanian labour market. A good example was cited of the East African Community where youth are not participating effectively. It was recommended to the government to establish a youth desk at EAC and SADC.
http://www.ydn.org.za/modules.php?name=VStuff&file=index&func=ShowStuff&SID=12.17-07-2007
The estimated level of urbanisation has increased from 25% in 1998 (UNPOP) to 33% in 2000 (UN Habitat). UN Habitat expects the level of urbanisation in Tanzania to increase to 55% by 2030 (UN Habitat 2002).
In 1995, the literacy rate was estimated at 67.8% (79.4% amongst males and 56.8% amongst females); by 1997 this figure had risen to 84% (UN). The 2002 Human Development Report estimated that the youth (15-24) literacy rate in Tanzania had risen from 77.4% in 1985 to 91.6% in 2000
While in 1998 90% of the labour force were involved in agriculture, this proportion had decreased to 80% by 2002 (CIA). The 2000/01 ILFS showed that agriculture and public sector employment are declining, while private formal and informal sector employment are rising. Agriculture remains predominant.
Tanzania has an economically active population (10 years +) of 17,827,578 (49% male, 51% female), an increase of 58% since the 1990/91 survey (2000/01 ILFS). The participation rate is 83% in rural areas compared to 68% in urban areas, but 84% of those who are employed work on their own farms. The 1991 ILFS found that unemployment was 3.6% (Standard/ILO definition) or 10.6% (6.7% males, 15.5% females) (National/Expanded definition). The 2000/01 ILFS found that unemployment had increased to 5.1% (Standard/ILO definition) or 12.9% (National/Expanded definition). Unemployment levels are on the increase, mainly because of the increase in urban unemployment. Unemployment in urban areas increased from 10.6% (Standard/ILO definition) in 1991 to 14.8% (Standard). According to the National definition, urban unemployment in 2000/01 was 32% compared to 8.4% in rural areas, while Dar es Salaam had an unemployment rate of 46%.
ILFS 2000/01 showed youth unemployment rate is about four times the adult unemployment rate and is growing at double the rate for adult unemployment. According to the National/Expanded definition, 13.36% of all youth aged 15-24 years are unemployed (11.84% of males and 14.82% of females in this age group). In the 10-17 year age group, 11.2% of those in rural areas (28.4% of males and 30.9% of females) and 29.7% in all urban areas (10.6% of males and 11.9% of females) were unemployed. The unemployment rate for this age group in Dar es Salaam alone was 60.8%. (National/Expanded definition) In the 18-34 year age group, 8.6% of those in rural areas (8.9% of males and 8.4% females) and 41.4% of those in all urban areas (33.3% of males and 47.7% of females) were unemployed. The unemployment rate for this age group in Dar es Salaam alone was 55%. (National/Expanded definition). According to the Standard/ILO definition, 6.4% of youth aged 10-17 and 6.2% of youth aged 18-34 are unemployed. 10-17 years: 5.5% in rural areas, 16.3% in all urban areas, 40.3% in Dar es Salaam. 18-34 years: 2.7% in rural areas, 22.4% in all urban areas, 36.4% in Dar es Salaam. It is estimated that between 500,000 and 800,000 youth annually seek to enter the labour market and youth aged 10 to 34 years now represent 73% of the unemployed (from about 60% in 1990/01). 27% of all unemployed are between 15-19.
86.6% (8% from urban areas and 78.6% from rural areas) of economically active youth aged 10-17 and 84% (13.2% from urban and 70.8% from rural areas) of economically active youth aged 18-34 are employed.
83% of employed youth are active in private traditional agriculture, 7.4% in the private informal sector, 5.4% in NGO, Party, Religious or other private organisations, 3.9% do housework duties, 0.2% work for the central or local government and 0.1% for para-statal organisations (2000/01 ILFS).
Youth unemployment in Tanzania is on the increase, as is underemployment. An increasing number of youth is moving to urban centres like Dar es Salaam, but are unable to find work. Suggestion that this is due to lack of skills and work experience, but also that the urban Tanzanian economy is unable to absorb the potential work force.
The major obstacle to the reduction of youth and general unemployment and underemployment is the economy of Tanzania. It is mainly based on agriculture in rural areas and there are very few formal employment activities in the urban centres. Education is deemed very important and there are a number of education initiatives to increase the skills of the work force, but the economy is not necessarily able to absorb a more skilled work force. Therefore, education levels only seem to have a small impact on employment: people with secondary education have an employment rate of between 16%-26%, while those who have only completed primary school have an employment rate of 14%. However, the percentage change in the number of unemployed (standard) overall between 1990/01 to 2000/01 was 125%. Amongst those people without any education the change was 143.7%, amongst those with incomplete primary education the change was 90.9%, while for those with completed primary education the change in the unemployment rate was 113.4%. However, amongst those people who had secondary education or higher, the percentage change was 287.8%, which indicates that education levels are increasing but that there are no jobs to absorb this more skilled workforce. Another problem is lack of experience, as 60.4% of all unemployed have no work experience. Policy often focuses on agriculture, self-employment and less formal job opportunities, especially for youth, but there is no information about how successful this is.
Effects of government policy on youth (un)employment
Government policy focuses on education and the promotion of entrepreneurship and the informal sector to combat youth unemployment. However, there are no indications if such initiatives have been implemented or if they have had any effect on youth unemployment (statistics suggest that they have not). Other proposed strategies include the development of the agricultural sector, although this does not appear to be a viable strategy for economic development overall.
Key Challenges for youth
While there is no data of youth opinion in Tanzania, statistics suggest that unemployment and HIV/AIDS must be acknowledged as major problems by youth. Youth unemployment is increasing at a much greater rate than that of older age groups, despite the fact that youth aged 15 to 24 years represent less than 20% of the total population. Although there are a number of government and donor initiatives to combat youth unemployment, these do not seem to have any discernible effect and it seems unlikely that this will change in the foreseeable future. Tanzania is generally grouped as one of the countries most affected by HIV/AIDS in Southern Africa, and as a result a substantial number of awareness programmes have been implemented in the country by government, foreign donors and international NGOs like PSI. Awareness of HIV/AIDS issues amongst youth is generally assumed to be fairly good due to these initiatives. However, lack of other income-earning opportunities apparently drives many urban females towards prostitution and infection rates are on the increase amongst this group.