Topic 5

HUMAN RIGHTS IN
TANZANIA

Harold Sungusia (Esq.)

 Human Rights in Tanzania
Components
i. Pre and Colonial Era
ii. Post colonial Era – exclusion of bill of rights
iii. Post Bill of Rights Era
iv. Legal status of HR in Tanzania
v. Situation of Human Rights in TZ
vi. Achievements so Far
vii. Current Challenges facing the protection and
promotion of HR in Tanzania
viii. Conlusion
Human Rights in Tanzania
What do these photos mean/suggest to you?
 1. Introduction
 situation and status of human rights in a country is a highly dynamic
process.
 WHY?
 It changes very frequently
 influenced by long standing, abrupt and unforeseen factors
 determinant factors are:
 the people themselves;
 the governance structure and system;
 the interaction with the outside world
 the economy and many others
 Tanzania did not want to have Bill of Rights
 1961; 1962; 1964; 1965; 1977; 2013/14
 Zanzibar got it in 1984 and has enshrined its Bill of rights vide 10th
Constitutonal Amendments 2010–
 it is not a settled issue whether really human rights are a Union Matter [is not
among the 22 listed union matters]
 Due to complexities Zanzibar requires its own description
 Current Draft Constitutional Bill - progressive
Major Features of Human rights in Tanzania
 Pre Colonial before 1894
 Communal societies save for few – Feudal ones and the horror
of slave trade
 Colonial – 1894 - 1960
 serious violations – right to self determination; right to
development; discrimination; draconian legislation
 Post Colonial – pre Ujamaa – 1961 - 1966
 Illusions – rejection of bill of rights; replacement by color;
continuation and introduction of draconian legislation
 Preventive detention Act no 60/1962 September. Customary Law
Declaration Order – GN 279/1963; NUTA Act 18/1964 – dissolve TFL
 Post Colonial - Ujamaa – 1967 -1992
 Sacrifice – social economic rights first – suspension of civil and
political rights – Interim Constitution 1965– abolished multi party
 Post Colonial – post Ujamaa 1993 - todate
 Liberalize civil and political rights – plight to social economic and
cultural rights – right to life at jeopardy.
 1. Pre and Colonial Era
Most communal societies believed in
communal ownership of property and
respect of dignity f every member of the
community
During the colonial time – abuse of
human rights was the order of the day
 2, Human Rights and
Colonialism
As it was, colonialism committed massive
violations of HR’s in tz [Africa].
Thus, TZ and OAU emphasised on fighting
colonialism, racism & apartheid.
Thus, there was no mention of HR’s in the TZ
first constitutions nor in OAU Charter.
In practice, the exercise of HR’s in all new
African states was not common.
 2, ….Post colonial Era –
exclusion of bill of rights
At the attaining of political independence
– bill of rights was regarded as a hurdle
against speedy development
Abuse of civil and political rights
prevailed, emphasis was on social
economic and cultural rights
 3. Post Bill of Rights Era
In 1984, the URT constitution was
amended in order to have in place a Bill
if rights which came into force in 1988,
and operational zed through BRADEA
Demand for, protection and promotion of
HR in Tanzania begun to soar
`
 Legal Basis of Human Rights

Constitution
UDHR
URT Znzbr Various Case
Laws Law
Ratified
International
Land, Labor, Education, Environment, Water, Treaties
sanitation, Criminal law, Family, Contract, Tort,
Consumer
Health
 3. Rights Protected by the Tanzanian
Bill of Rights
CHAPTER THREE - PROTECTION OF FUNDAMENTAL RIGHTS AND
INDIVIDUAL FREEDOMS
 Right to respect of human dignity – Art. 12
 Equality before the law. Art. 13
 Right to life. Art. 14
 Right to personal liberty - Art. 15
 Right to privacy and personal security - Art. 16
 Right to freedom of movement. - Art. 17
 Right to freedom of expression. - Art. 18
 Right to freedom of religion. - Art. 19
 Right to freedom of assembly and association. - Art. 20
 Right to freedom to participate in public affairs - Art. 21
 Right to work, Art. 22
 Right to receive just remuneration. -23
 Right to own property. - Art. 24
 4. Duties imposed
 Duty to work – Art 25
 Duty to obey the laws – Art 26
 Duty to protect public property – Art 27
 Duty to provide national security – Art 28
 Important General Rights and Duties –Art 29
 Right To Equal Enjoyment Of The Rights
 Equal Protection By The Law
 Prohibition Of Monarchy
 Prohibition Of Discriminatory Laws
 Duty To Enjoy Rights Without Interfering With Others
NEXT SESSION
5. Procedure for enforcement of Rights
in Tanzania
BRADEA – Petition
Judicial Review – public law remedies
Suit against a government/ individual
Complaint at the Commission for HR and
GG
International Law
Treaty monitoring bodies
Tribunals
ICC
ACrtHPR
 a) Procedure under BRADEA – Petition
 Grounds – if section 12-29 of the Constitution

 Has been
 Is being contravened
 Is likely to be

 Court with original jurisdiction – High Court . Ss.4+5

 Petition
 Reference from subordinate court
 One Judge to determine worthiness of the case and
three judges to determine the merits.
 How? - Petition filed at appropriate registry s. 5
 BRADEA – Petition…..
 How? - Petition filed at appropriate registry s. 5
 Contents? S. 6
Name and adress of petitioner
Name and adress of respondent
Grounds upon which redress is sought
Specific articles that forms basis of the petition
Particulars of facts but not the evidence
Nature of redress sought.
 Service – Respondent or A-G [govt, or its servants
 Appeals against decision on substance lie to the High
Court bench of 3 judges
 Appeals from 3 judges decision lie to the Court of Appeal
Creatively using other legal provisions to
achieve almost the same end result
b) Judicial Review – public law remedies
 NB: without mentioning that certain rights have been violated –
still one can pursue remedies with almost similar effect –
especially where the Law Reform Fatal Accidents and
Miscellaneous Provisions) Act . Cap 310 R.E 2002 is applicable
 Establishing Republic’s liability in Tort. – s.1
 High court in exercising its criminal or civil jurisdiction may
issue prerogative Orders of:
 Mandamus
 Prohibition
 Certiorari
 A-G must be summoned as a party
 Procedure – application for leave to apply for prerogative
orders – is a must. It must be supported by affidavit of the
applicant.
 Upon issuance of leave – the applicant has to apply for such
orders - Chamber application, supported by Affidavit +
Statement [similar to plaint or petition.
 c) Suit
 NB: without mentioning that certain rights have been violated – still one
can still pursue remedies with almost similar effect – especially where
the CPC or the Govemnet Proceedinigs Act are applicable
 Section 22 of CPC Cap. 33
 Every suit shall be instituted by the presentation of a plaint
 Order iv. Rule 1 - suit by plaint
 Plaint – Order vii. Contents thereof
 See para (a) to (i)
 Name of the court
 Name, description and place of residence of Plaintiff
 -”- defendant
 Facts constituting the cause of action
 Facts showing court’s jurisdiction
 Relief which the plaintiff claims
 Verification
 Jurat
 S. 5 and 6 Government Proceedings Act – Cap.5
 d) Complaint under the CHRAGG Act
 Commission for human rights and good governance – cap. 391
 Functions:
Paras (a) to (o) of section 6
(b) to receive allegations and complaints in the violation of
human rights generally
(g) to investigate or inquire into complaints ..
Who can submit complaints? Section 15.(1)(b)
An aggrieved person
An association acting in the interest of its members
[corporate or not
A person acting in the interest of a group or class of
persons
5 Limitations - section 16(1) and (2)
President – URT and Znzbr can not be sued
Matters sub judis; diplomatic; prerogative mercy; matters
the president directs otherwise per the constitution
 …….CHRAGG
 How to file? S. 22
 May be oral or in writing + shall be recorded in form
 In a form of letter – addressed to the commission
 Rejection of complaint – 24 months rule; exhaust reasonable
remedies; bad faith, not with jurisdiction of the commission
 24 months rule may be dispensed with if:
 Necessary for the ends of justice than rejecting it
 It is of a constitutional importance
 The nature of complaint and circumstances surrounding it justify its
consideration
 Parties may be represented by advocate or any other person suitable
to represent
 Notice of complaint is issued to the other party for an opportunity to be
heard
 e) Making use of Extraterritorial Remedies
 NB: In additional to domestic remedies, still one can pursue remedies
with almost similar effect – especially where the UN/ regional treaties
ratified by Tanzania are applicable
 Human Rights Council
 HR Committee
 ICC
 Mandate – Genocide, Crimes against Humanity and War crimes
[Agression]
 AU
 AComHPR
 ACrtHPR
 SADC
 Tibunal
 EA
 Court of Justice