HUMAN RIGHTS - Tanzania
by the Tanzanian group at Saltdal upper secondary school October, 2002
According to the Permanent Constitution of 1977, Tanzania recognizes that
all human beings have equal rights to dignity and respect. Nevertheless, it
maintained that these rights were only guaranteed under a self-reliant
socialist nation, and more particularly under the one-party rule of the
Chama Cha Mapinduzi (CCM). This party's membership was broadly based; any
citizen eighteen years or older could join if he or she accepted the
beliefs, aims, and objectives of the CCM.
Among the rights and principles recognized in Tanzania's constitution were
the following: "the principles of the equality and dignity of all human
beings; their right to life, liberty, and property; freedoms of conscience,
expression, and association; the right to participate in government; the
duty to uphold the laws of the state; the obligation to respect the rights
and dignities of others and to prevent the exploitation of one human being
by another; and the duty to conduct affairs of the state so that the
nation's resources would be preserved, developed, and enjoyed for the
benefit of all its citizens. The government was to be democratically
elected, responsible to a representative parliament, its laws to be
interpreted by free, and have impartial courts of law. Voting rights were
granted to all citizens at least 21 years old".
Comparison with other democratic constitution makes it clear that Tanzania's
constitution omitted mention of certain individual rights recognized
elsewhere. These include the following: "the right to a fair trial by an
impartial judiciary, and the freedom from discrimination on the grounds of
race, tribe, colour, sex, creed, or religion. Freedom of religion and
equality of opportunity for all men and women, irrespective of race,
religion, or status" were recognized in the constitution under the
Tanganyuika African National Union (TANU), but dropped from the constitution
under the CCM in 1977.
Since the reforms that accompanied its transition to a multi-party state,
Tanzania has enjoyed a relatively good international reputation regarding
human rights, particularly when compared with neighbouring countries
including Sudan, Uganda, Ethiopia, and Somalia. Tanzania's judicial system
is comparatively independent from government involvement.
A close examination of the situation in Tanzania illustrates that like
Trinidad and Tobago, Article 3 of the United Nations Declaration of Human
Rights is infringed upon as the death penalty is also practised. Article 5
presents a similar situation as there is overcrowding of prisons and there
is police brutality.
With respect to other articles, the situation in Tanzania is quite different
from Trinidad and Tobago. In relation to Article 2 women suffer abuse
because there is widespread practice of genital circumcision and they
continue to be victims of domestic violence. In Tanzania there is
abrogation of Article 3 of the Human Rights Declaration as women are
inherited by families and used as a labour force. Children are also used in
this way and there are no laws to protect them.
With respect to gender issues Article 17 states that "everyone has the right
to own property". However among the majority of tribes in Tanzania, women
do not have the right to own property.
Article 9 declares that "no one shall be subjected to arbitrary arrest,
detention or exile". However in Tanzania there exists the Preventative
Detention Act which allows the government to detain indefinitely and without
bail, persons considered threatening to national security. Political
criminals may also be exiled internally under the provisions of a
"Deportation Act".'
With respect to Article 19 which states that "everyone has the right of
freedom of opinion and expression", there is relative freedom enjoyed by the
press but the president reserves the right to restrict publications contrary
to the interest of the people.
Article 20 states that "everyone has the right to freedom of peaceful
assembly and association", yet in Tanzania, the government requires that the
opposition parties be registered and that groups seek permission to stage
public rallies and political meetings.
Article 21 is also infringed upon. Part 1 states that "everyone has the
right to take part in the government of his/her country directly or through
freely chosen representatives", however in Tanzania, independent candidates
are not allowed - one must belong to a political party.
With respect to Article 25 children and the elderly are not taken care of.
The elderly are isolated and no real effort is being made to help them.
There are no laws to protect them. Elderly people who reach the age of 70
years may even be killed as red eyes (common to the elderly) indicates a
suspicion of the practice of witchcraft. In relation to Article 4 which
states that "no one shall be held in slavery or servitude", there is child
labour in Tanzania. This occurs mainly with girls from age 7. They are
made to work as house girls after being taken from rural areas by people who
are more well to do. They have to live with them, do chores, and they
receive little or no education, little payment and may be beaten or abused.
However the government is trying its best to recognize and protect some
Human Rights, but it is difficult to achieve them due to the fact that
people are proud of their traditions and customs which are against Human
Rights. Education is the best solution since the majority of citizens are
in darkness. In addition, poverty is the main problem and so it becomes
difficult to practise Human Rights.
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