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HUMAN RIGHTS
PROCEDURAL ASPECT

Sn DOCUMENTS TO BE USED

1. Constitutional Petition Petition + Affidavit Section 5 of BRADEA

Contents of a and Rule 4 of BRADEA
Petition: Rules
Read Section 6 of the https://tanzlii.org/content/basic-
rights-and-duties-enforcement-
BRADEA. practice-and-procedure-rules-
Originating summons 2014-made-under-section-15
+ Affidavit

2. Judicial Review For Leave: Chamber summons (Ex-parte) (Form

A on the first Schedule of the Rules G.N. No. 324
of 2014) + Affidavit + Statement (providing for
the name and description of the applicant; the
*Nb: Following the Amendments made relief sought; the grounds on which the relief is
through the WLMAA No. 6 of 2020; sought; - See Rule 5 (1), (2) & (3) G.N. 324 of
(Which amended BRADEA & The Law 2014
Reform (Fatal….) Act, where the https://tanzlii.org/content/law-reform-fatal-accidents-and-
redress is sought against the President, miscellaneous-provisions-judicial-review-procedure-and-fees
Vice-President, Prime Minister, the For an Application of J.R.: Chamber summons
Speaker, Deputy Speaker or Chief (Inter parte)(Form B in the First Schedule of the
Justice, then a petition or suit, shall Rules G.N. No. 324 of 2014) + Affidavit +
only be brought against the Attorney Statement in respect of which leave was granted.
General. *Copy and paste the Statement used at leave
stage – See Rule 8 (1), (2) & (3) G.N. 324 of
2014

3. Habeas Corpus Certificate of Urgency + Chamber Summons +

Affidavit

4. Suit against Government Notice of Intention to Sue – 90 days

Authorities To be served upon the relevant authority and a
copy be served to the A.G. and Solicitor General
– See GPA [Cap. 5]
Upon expiration of 90 days: File Plaint at the
High Court Registry

5. Commission for Human Rights and Complaint in writing or orally.

Good Governance (CHRAGG) Contents:
- Complainant’s full description
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- Address
- Title
- Nature of Complaint
- Any supporting evidence
- Relief sought
- Signature
The complaint can be presented by filing online
form available on the Commission’s website;
https://www.chragg.go.tz/

*Nb: In Judicial Review, Suit against Government and CHRAGG, they are the avenues that can
be used to enforce Human Rights just like in the constitutional petition, albeit impliedly. Thus,
you should not indicate the rights that have been infringed in your documents.

REGIONAL MECHANISMS
1. EACJ – Human Right case First Instance: Reference + Affidavit
Appellate Div: Notice of Appeal (Form B 7th
Schedule of EAC Rules of Procedure of 2019 +
Memorandum of Appeal (Contents of Memo.
Rule 97)
Review: Notice of Motion (4th Sched. to the
Rules) + Affidavit.
Interim Orders: Notice of Motion + Affidavit
*Nb: the Rules of the Court (2019)
https://www.eacj.org//wp-content/uploads/2020/04/FINAL-PUBLISHED-EACJ-RULES-OF-PROCEDURE-2019.pdf

2. African Court of H.R. and Peoples Application - Governing laws: Banjul Charter,
Rights Protocal for the estbl. + Rules of Court of 2020
Sample:
https://www.african-court.org/wpafc/how-to-file-a-case/

• Tanzania has no access to court

following its withdraw in November,
2020.

The available remedies following the said

withdrawal are:
(i) Filing of HR claims at African
Commission on HR & Peoples Rights
or
(ii) Filing a complaint at the UN -
Committees (Treat Bodies)

3. African Commission on Human and Communication – Laws: Rules of Procedure of

Peoples Rights the African Commission on Human and
Peoples Rights, 2020
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Sample:
https://www.achpr.org/guidelinesforsubmittingcomplaints
atpage 8 - 10 of the Guidelines
4. SADC – HR Case Application : Laws - SADC Treaty, Protocol
estbl. the Tribunal in SADC and Rules of
Procedure of the SADC – Tribunal
Contents: See Rule 33 of the Tribunal Rules of
Procedure Rules and Protocol:

https://www.sadc.int/files/1413/5292/8369/Protocol_on_the_Tribunal_an
d_Rules_thereof2000.pdf

*NB: Since 2010 SADC Tribunal has suspended

its functions

5. African Charter on Rights & Communication – Laws : Charter (1990)

Welfare of the Child
Sample:
https://acerwc.africa/wp-
content/uploads/2018/07/Revised_Communications_Guidelines_Final-1.pdf

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HUMAN RIGHTS TREATY BODIES

CEDAW, CRPD (Rights of persons Model Complaint Form
with disabilities) etc
Samples:

https://www.un.org/womenwatch/daw/ceda
w/protocol/modelform-E.PDF - Form for
CEDAW

https://www.ohchr.org/en/hrbodies/crpd/pages/optionalpr
otocolrightspersonswithdisabilities.aspx - Form for CRPD