Human Rights, means that fundamental rights to which a person is inherently and entitled by

virtual birth simply because he or she is a human being and without this fundamental rights person
cannot live as a human being. Human rights attain all aspects in life as are needed by individuals,
the exercise and enables all to shape and determine their own liberty, equality and respect of that
rights to others.

And sometime in order to keep the value of this rights in the community and at the level of whole
country or worldwide as provided by several covenant as a universal right it requires the power of
a particular country or state to take measures or positive measure to ensure the good situation and
an environment which enables all people to enjoy their human. “Because its not gifts from the
state, but naturalized in person by reason of his birth and are therefore should be recognized,
respected and be enforced by the state and law”. This provided in the case of Rev. Christopher
Mtikila v. Attorney General [1995] T.L.R 31, p.49, Decision by The Hon. Mr. Justice K.S.K
Lugakingira.1

In Tanzania, in order to fulfil the goals of protecting human rights the government has ratified
several binding documents and currently are valid to recognize and ensuring the enforcement of
protecting the human rights. Such documents are like African (Banjul) Charter of human and
people’s rights, International Covenant on Economic, Social and Cultural Rights, International
Covenant on Civil and Political Rights, Convention on Elimination of All Forms of Discrimination
Against Women, Convention on the Rights of the Child, International Convention on Elimination
of All Forms of Racial Discrimination, UN Special Session on HIV/AIDS (UNGASS) Declaration
of Commitment, Universal Declaration of Human Rights of 1948 and etc.2 those document plays
a role of assisting the guideline on how human rights in the particular country ratified are required
to recognize, protect and enforces. Also, by providing the complaint procedure when rights
violated so that a person can for remedies.

Also, in the constitution of United Republic of Tanzania (1977) as a mother of all laws in the land,
currently provides and observes the protection and promotion of human rights. Such as right to
education (art 11), right to Right to the equal, non-discrimination and protection of the laws (art.
13), Right to equality in the workplace (art. 23), Right to freedom of association (art. 20), Right to

1
[1995] T.L.R 31, p.49, Decision by The Hon. Mr. Justice K.S.K Lugakingira.
2
Policy Project.com matrix.
freedom of movement (art. 17), Right to freedom from torture, inhuman or degrading treatment or
punishment (art. 13 (6)), Right to liberty and security (art. 15), Right to life (art. 14), Right to own
private property (art. 24), Right to participate in the affairs of government (art. 21), Right to private
and family life (art. 16), Right to receive and impart information (art. 18), Right to seek and obtain
redress for violations of rights (art. 26) and also Right to work (art. 22). 3

Because the constitution is the supreme law, so that others laws or principle shall be made in
accordance and from the above articles found in the Constitution helps to define the current
situation that there is none discrimination because every law enacted does not have any provision
which may make any discrimination even the local customary law is developed to behave in
accordance with the Constitution or other law in order to avoid discrimination. Example in a case
of Ndewawiosia d/o Ndeamkizo vs Immanuel s/o Malasia, the high court held that Customary
law barred daughter from inheritance of property had no place in current Tanzanian law, as it was
discriminatory.4

Also, the Constitution declared the impartiality and independence of Judicial as it is vested the
power to have a final decision in dispensing justice through interpretation of laws freely without
any influence from other organ and from any other authorities, provided under article 107A and
107B of the Constitution of the United Republic of Tanzania.5 Too can be referred in the case of
Idd Mtengule vs Republic, where the court held that The judiciary is the organ vested a power to
dispense the justice and should exercise its power freely without any inference from other organ.6

Currently in Tanzania in order to upholding the human dignity, recognizing and protecting the
human right economically and socially, government has increasing the attention and focus to the
particular groups in which for various reasons they are weak and vulnerable and it is not easy to
defend themselves so that they require a special recognition and protection against abuses to
effectively enjoy their rights as a human being. This groups are as the following; -

3
Constitution of United Republic of Tanzania of 1977.
4
[1968] TLR HCD
5
Constitution of United Republic of Tanzania of 1977.
6
[1979] TLR HCD
Women. In history women by their age were traced as inferior person culturally, traditionally and
in religion. They were discriminated in all aspects such discrimination in sex, in income, education,
and in participation in the society affairs. But after the second world War number of treaties were
drafted such UN charter and covenant article 3 of ICESCR AND ICCPR to promote and protect
the women right to be equally for men and women. Example the instrument formed in 1979 to
promote the rights of women and to oversee the implementation of the rights it guarantees.
Instruments was called Covenant on Elimination of all forms of discrimination against women
(CEDAW) and Tanzania has ratified it to ensure that right of women are full protected as it seems
under article 12 and 13 of the Constitution which guarantee the right of all citizen including women
that are free from any kind of discrimination. 7

So currently in Tanzania government, Non-government Organization (NGOS) and Religious

Institutions have been all entitled to validate, recognize and to promote the women’s rights equally
as it mentioned in the constitution article 12 and 13. In the case of Attorney General vs Rebecca
Z. Gyumi, in this case section 13(1) and (2) of the LMA allows a female person to get married at
the age of 15 years and a male person to get married only upon attaining the age of 18 years. Thus,
the respondent argued that the said provisions of the LMA offend the provisions of Articles 12, 13
and 18 of the Constitution of the United Republic of Tanzania, 1977 as amended from time to time
(the Constitution). She therefore sought the declaration that the said provisions are null and void.8

Also, some punishments have been created to punish all offenders found violating the women’s
right such a Rape offender to be sent into prison for 30yrs9, so will leave a woman free to enjoy
the fundamental human rights as a human. Not only in the constitution and statutes but also several
policies have been formed to stand-in gender equality in the social, cultural, economic, political
and others sphere and Implementation of the target of improving the life of all Tanzanians.

Despite all, there are some challenges which still hindering the strategical plan of promoting the
women’s rights such as, Discriminatory tradition and cultural practice including FGM, lack of
enforcement law to who practice the FGM, high level of school dropouts among girls due to early
pregnancy, Un equal employment due to lack of high skilled techniques such engineering and etc.

7
Constitution of United Republic of Tanzania of 1977.
8
[2017] Civil appeal No. 204
9
Penal Code, section 131.
Children. Child means every human being below the age of eighteen years unless under the law
applicable to the child, majority is attained earlier, they have a right to grow up in health, piece
and dignity have the same general human rights as adults and also specific rights that recognize
their special needs such food, health care and education. They are recognized as a special group
because they are weak in making decision and physically fit to regard their right, they are closely
to women right. 10

Internationally, There are a Convention of the Rights of the Child adopted on the early of 1990
and sets out the rights that must be realized for children to develop to their full potential, under the
convection there were a principles which provided to guard the right of children such as, non-
discrimination (article 2), interests of the child to be a primary consideration (article 3), right to
life, the survival and development of the child (article 6 sub 1 and 2) also the views of the child
being given due weight in accordance with the age and maturity of the child (article 12).11

Currently the Government of Tanzania has taken a lot of stages to recognize, respect and protect
of right of children. Has enacted the law called Child Act which contain the principle of the right
granted to the children and the government has a duty to enforce that law and effectively obliged
to protect all law described under the Act of child. Law of child Act provide for the special right
to the children even when they are against with the law of Tanzania. Example section 101 (2) 12
and also the held of the case of Mukamambogo v. Republic, That the privacy of children should
be preserved especially during the trial.13 All of this proves that currently Tanzania improved in
recognizing the right of the children and its duty of protecting.

However, the steps or effort taken by Tanzanian Government challenges are still there which
hindering the effort have been taken and the plan have been planned such as, Poverty which faces
the most family to fail to provide the essential care needed to the child, child labour as because
of poverty facing families, violence against children through sexual abuse and through harmful
traditional such as Female genital Mutilations (FGM), early marriage, chased away from the
school because of early pregnancy and also home violence against children which mostly
conducted by the family member or closely relatives.

10
www.unicef.org/child.
11
Convention on the Rights of the Child.
12
Law of Child Act.
13
[1971] HCD 63
Disabled Persons. Tanzania has signed and ratified several UN treaties and declaration regarding
the rights of persons with disabilities including the UN declaration on the rights of person with
disability of 1975. The United Nations Convention on the rights of persons with disability (2006)
and its optional protocol, Tanzania was also among the first o prepare a plan to implement, the
decade of the person with disability 2000-2009 as well as being a member of the African
Rehabilitation Institution.

Currently situation, according to the Tanzanian health care organization which works to prevent
disability called Comprehensive Community based rehabilitation in Tanzania (CCBRT),
provide the report that 4.2 million Tanzanians are living with a disability and are often among the
poorest and most marginalized in society also provide that 13.2% of every Tanzanian home there
is a person with disability.14 Over that Government and other organization such (DPOS) have been
trying to deal with some limitations which seriously hindering this group to access their special or
social needs such as education employment, health care and etc. Example early this year the
government created the new ministry under the office of Prime of, Employment and the Disabled
so that it will carry out all obligations to regard the right of disabled person.15

This group are still facing the challenges which seems strongly such as, a shortage of assistive
devices for persons with disability such as wheelchair and etc. Lack of qualified teachers which
have enough skills to deal with children with disabilities in the schools and materials. Lack of laws
to deal with people who killing the persons with disabilities based on traditional believes. Also
lack of social protection by bringing the social needs such as food, shelter and health care.

Prisoners. The Tanzania Prisons Service was officially established as a fully-fledged Government
Department on 25th August 1931, under the German Empire which provided for various forms of
imprisonment such as penal internment, confinement, military detention and detention and later
after independence a new policy to govern prison administration was evolved.

Internationally law under treatment of prisoners and detainees require that prisoner and detainees
be treated with humanity and respect for their inherent dignity as a human person as per United
Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).16

14
ccbrt.or.tz/ programmes/disability.
15
org/wiki/Wizara za Serikali ya Tanzania
16
hrw.org/right in prison in Tnzania.
Currently status of the prisoner as a special which need their rights to be observed by law
enforcement officers. As its an obligation of the Tanzanian government to ensure the right to health
for everyone under its jurisdiction the Judiciary and the legal profession has steps reducing the
number of detainees, particularly those in pre-trial detention. But also the government planned to
build a prisons in every district that have no ditention facilities example in Karatu, Hanang, Igunga,
Mbalali ana Namanyere

Still the challenges are there such as, Failure to provide appropriate health and medical service to
prisoner, failure to meet special requirement for women and girls’ prisoners as well as children
born in prisons and also failure to make proper classification of prisons and ensure segregation of
prisoner due to lack of space.

Elderly Person. This is also a special group which need a special care on their right as a human
to be reserved well. In Tanzania the concept of elderly person can be defines as the final stage of
human growth from childhood, youth to old age and an individual is recognized as an older person
based on age starting 65 and above.

Currently, United republic of Tanzania under national ageing policy of 2003, provides guideline
for planning implementation and evaluating service delivery to elder people. The objective of the
policy is to ensure that older people are recognized, provided with basic services and accorded the
opportunity to fully participate in the daily life of the community, To empower families for
sustained support to older people, To prepare strategies and programmes geared towards
elimination of negative attitudes and age discrimination, To enact laws that promote and protect
the welfare of older people and also To ensure that older people receive basic health services.

Challenges such as, harmful tradition and beliefs about witchcraft, resulting in violence against the
elderly, poverty against their family, lack of basic care especially health care and also high
illiteracy level among older people especially in rural area. 17

Generally, the particular groups as have discussed above for various reasons as described they are
weak to defend themselves for their right, so in order them to enjoy effectively their human rights
as a human being they need a community to be aware with them by assisting, promoting the
importance of their right to recognized and be respected.

17
interactions.eldis.org/Tanzania
REFERENCE

STATUTES.

CONSTITUTION OF UNITED REPUBLIC OF TANZANIA OF 1977

PENAL CODE

CONVENTION ON THE RIGHTS OF THE CHILD

CHILD ACT

CASES

REV. CHRISTOPHER MTIKILA V. ATTORNEY GENERAL [1995] T.L.R 31, P.49

NDEWAWIOSIA D/O NDEAMKIZO VS IMMANUEL S/O MALASIA [1968] TLR HCD

IDD MTENGULE VS REPUBLIC [1979] TLR HCD

ATTORNEY GENERAL VS REBECCA Z. GYUMI [2017] CIVIL APPEAL NO. 204

MUKAMAMBOGO V. REPUBLIC [1971] HCD 63

ONLINE SEARCH.

Policy project.com matrix.

www.unicef.org/child.

ccbrt.or.tz/ programmes/disability.

org/wiki/wizara za serikali ya tanzania

hrw.org/right in prison in tanzania.

interactions.eldis.org/Tanzania