HRI/CORE/TZA/2014
United Nations / HRI/CORE/TZA/2014/ International Human Rights
Instruments / Distr.: General
9 January 2015
Advance Unedited Version
Original: English
Common core document forming part of the reports of States parties
United Republic of Tanzania[*]
[10 November 2014]
Contents
Paragraphs Page
Acronyms 3
I. General information about the reporting state party 1-46 6
A. General background and methodology 1-3 6
B. History, geographical location and climate 4 7
C. Population 5–6 7
D. Political governance and administration 7 4
E. Language 13 9
F. The Socio-economic situation 14-20 9
G. External economic context 21-22 11
H. Poverty profile 23-46 12
II. General framework for the protection and promotion of human rights 47-51 18
III. Non-discrimination and equality 52-71 19
A. Constitutional prohibition of Discrimination 53 19
B. Policy Prohibition of Discrimination 54-56 20
C. Statutory Prohibition of Discrimination 57-76 21
D. Judicial Protection of the Right to Non-discrimination 71 24
IV. The right to an effective remedy 72-95 24
A. Courts of Law 72-80 24
B. Quasi-judicial Bodies or Tribunals 81-91 26
C. The Commission for Human Rights and Good Governance 92-95 29
Acronyms
AAT Asylum Access Tanzania
ACHPR African Charter on Human and Peoples Rights
AG Attorney General
AIDS Acquired Immune Deficiency Syndrome
ANC Ante Natal Care
ANGOZA Association of Non Governmental Organization of Zanzibar
CA Constituent Assembly
CBOS Community Based Organizations
CCBRT Community Based Rehabilitation in Tanzania
CCM Chama Cha Mapinduzi
CEDAW Convention on the Elimination of All Forms of Discrimination Against Women
CHRAGG Commission of Human Rights and Good Governance
CMA Commission for Mediation and Arbitration
COBET Complementary Basic Education
CRC Constitutional Review Commission
CSOS Civil Society Organizations
CUF Civic United Front
DEE Department of Economic Empowerment
DHU District Handling Unit
DLHT District Land and Housing Tribunals
DRC Democratic Republic of Congo
EAC East African Community
EGM Enterprise Growth Market
ELRA Employment Labour Relations Act
EPZA Economic and Processing Zones
FAWE Forum for African Women Educationalists
FBOs Faith Based Organizations
FGM/C Female Genital Mutilation/Cutting
GBV Gender Based Violence
GDP Growth Domestic Product
GFPs Gender Focal Persons
HIV Human Immunodeficiency Virus
HHBS Household Budget Survey
HSSP Health Sector Strategic Plan
ICGLR International Conference of the Great Lakes Region
ICPD Intergrated Conference on Population and Development
ICT Information Communications Technology
ILFs Intergrated Labour Force Survey
IOM International Organization on Migration
IORA Indean Ocean Ream Association
ITV Independent Television
LAPS Legal Aid Providers
LCA Law of the Child Act
LGA Local Government Authority
LIA Labour Institution Act
LHRC Legal and Human Rights Centre
LPF Life Preservation Fund
LRCT Law Reform Commission of Tanzania
LSF Legal Service Facility
LSRP Legal Sector Reform Programme
MCT Mother to Child Transmission
MCDGC Ministry of Community Development, Gender and Children
MDAs Ministries, Departments and Agencies
MDG Millennium Development Goals
MESWYWC Ministry of Empowerment, Social Welfare, Youth, Women and Children
MHA Ministry of Home Affairs
MKUKUTA Mkakati wa Kukuza Uchumi na Kupunguza Umaskini
MKUZA Mkakati wa Kukuza Uchumi Zanzibar
MPs Members of Parliament
MOCLA Ministry of Constitution and Legal Affairs
MOEVT Ministry of Education and Vocational Training
MOLE Ministry of Labour and employment
MSE Medium and Small Enterprises
MTEF Medium Term Expenditure Framework
NEC National Electoral Commission
NGOs Non-Governmental Organizations
NMB National Microfinance Bank
NOLA National Organization for Legal Assistance
NSGRP National Strategy for Growth and Reduction of Poverty
PADEP Parastatal agricultural Development Programme
PCE Permanent Commission of Enquiry
PDA Persons with Disability Act
PETS Public Expenditure Tracking Exercise
PO-PSM President's Office- Public Service Management
RITA Registration Insolvency and Trusteeship Agency
SACCOS Savings and Credit Cooperatives
SADC South African Development Community
SGBV Sexual and Gender Based Violence
SIDO Small Industries Development Organizations
SMES Small and Medium Enterprises
SOPs Standard Operating Procedures
SOSPA Sexual Offences Special Provision
STDs Sexually Transmitted Diseases
TAMWA Tanzania Media Women Association
TASAF Tanzania Social Action Fund
TAWLA Tanzania Women Lawyers
TCCIA Tanzania Chamber of Commerce, Industry and Agriculture
TDHS Tanzania Demographic and Health Survey
THMIS Tanzania HIV and Malaria Indicator Survey
TLS Tanganyika Law Society
TLP Tanzania Labour Party
TPSF Tanzania Private Sector Foundation
TWB Tanzania Women's Bank
UDP United Democratic Party
UNHCR United Nations High Commissioner for Refugees
UNFPA United Nations Population Fund
URT United Republic of Tanzania
UWZ Umoja wa Walemavu Zanzibar (Association of the Disabled Zanzibar)
USAID United States Agency for International Development
VAC Violence Against Children
WDC Ward Development Committees
WEDTF Women Entrepreneurship Development Trust Fund
WiLDAF Women in Law and Development in Africa
WLAC Women's Legal Aid Centre
WTO World Trade Organization
ZAFELA Zanzibar Female Lawyers Association
ZAWA Zanzibar Water Authority
ZBC Zanzibar Broadcasting
ZEA Zanzibar Employment Act
ZLS Zanzibar Law Society
ZLSC Zanzibar Legal Service Centre
ZSSF Zanzibar Social Security Fund
I. General information about the reporting state party
A. General background and methodology
1. The State Party, United Republic of Tanzania (URT), signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on 17 July 1980 and ratified it on 20 August 1985; it has also ratified its Optional Protocol. The State Party is also a party to a number of international human rights instruments, including Convention on the Elimination of Discrimination in Employment and Occupation (1958), Convention on Equal Remuneration for work of Equal Value (1951), the Beijing Platform for Action (1995), the ICPD Plan of Action (1994), Convention on Workers with Family Responsibilities (1981), and the Convention on Maternity Protection (2000). The Millennium Declaration (2000) has in the recent past underscored UN’s work on human rights by declaring the Gender Equality and Women’s Empowerment objective (Goal 3) for UN member states. At the regional level, the State Party is a party to the Declaration on Gender Equality in Africa, the African Charter on Human and Peoples' Rights (1981), the Declaration on the HIV/AIDS Epidemic at the XI International Conference on AIDS and STDs in Africa (1999), the Women’s Declaration and Agenda for a Culture of Peace in Africa adopted at the close of a Pan African Conference in Zanzibar in 1999 and the Protocol to the African Charter on Human and Peoples’ Rights (ACPHR) on the Rights of Women in Africa (2003)[1]. Another important declaration is SADC Declaration on Gender and Development (1997), which binds member countries to have an affirmative action to promote female participation in politics.
2. In 2008 the State Party submitted its fourth, fifth and sixth consolidated periodic reports on the CEDAW. The report was considered by the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW). This current document is the consolidated seventh and eighth reports due in September 2014, as directed by the Committee in its previous Concluding Observations.[2] This document has been prepared in conformity with the Treaty-specific Guidelines regarding the form and content of periodic reports to be submitted by States Parties under Article 18 of the Convention which were developed in accordance with the harmonized guidelines on reporting to the international human rights treaty bodies (last revised in 2009).[3] This report has also been prepared in compliance with the Committee’s directive made in its previous Concluding Observations to the effect that the State Party should respond to the concerns expressed in the said observations.
3. In the preparation of the consolidated reports wide consultations were held involving government ministries, departments and agencies (MDA’s), and NGOs that included the Tanzania Women Lawyers Association (TAWLA), Women in Law and Development in Africa (WiLDAF), Women’s legal Aid Centre (WLAC), Zanzibar Female Lawyers Association (ZAFELA), Association of Non-Governmental Organizations of Zanzibar (ANGOZA) and other relevant international organizations such as UNFPA and the UN Women. A list of institutions that participated in the preparation of this report is attached.
B. History, geographical location and climate
4. The State Party is located in Eastern Africa between Longitude 29° and 41° East, Latitude 1° and 12° South. As a semi-autonomous country within the State Party, Zanzibar is located in the Indian Ocean; approximately 30km off the east coast of Africa, between Latitude 5 and 7 degrees south off the equator. Zanzibar consists of two Islands, Unguja and Pemba, and several other smaller islands some of which are uninhabited. Tanzania is the largest country in East Africa, covering 946,166 Sq.km, within which Zanzibar covers an area of 2,654sqkm, Unguja, which is the larger island of Zanzibar, has an area of 1,666 square kilometres while Pemba has an area of 988 square kilometres.[4]
C. Population
5. The State Party has a population of 44,928,923 million people in 2012 (Tanzania Mainland: 43,625,454, and Zanzibar: 1,303,569[5]) compared to 34.5 million people in 2002 when the fourth national census was conducted. Among the young population, children under the age of 18 constitute 50.1% of the entire population of whom females are 48.6% and males 51.4%. The Mainland population is predominantly rural whereby 71% of the populace live in rural areas and depends on the underdeveloped smallholder primary agriculture production. On its part, 54% of the population in Zanzibar live in rural areas.
6. The population of Zanzibar increased from 640,685 in 1988 (1988 census) to 984,625 in 2002 (2002 census) and 1,303,569 (2012 Census); male 630,677 (48.38%) and female 672,892 (51.6%). The population was estimated to be 1,193,383 in 2008, projected from 2002 National Population census. Of this population 47,205 are under one year old and 217,168 are under the age of five (2008 Census) and for the 2012 Census 42,238 (male 21,290 and female 20,948) are under one year and 203,937 (male 102,309 and female 101,628) under the age of five.[6] In 2002 Census data, women were 502,006 (50.9%) and in 2012 women are 672,892 (51.6%).
D. Political governance and administration
7. The State Party, which is currently divided into 30 regions, 25 in Tanzania Mainland and 5 in Zanzibar, is a democratic state that conducts elections every five years. The Mainland is divided into 169 Districts which are subdivided into divisions, wards and villages. The lowest government administrative structure in Tanzania Mainland is the Village in rural areas and the Mtaa (hamlet) in urban areas. At the highest level of public governance is the Executive manned by the President of the United Republic of Tanzania functioning through the Cabinet. The President is the chairperson of the Cabinet. There is also the legislature, the Parliament of the United Republic of Tanzania (popularly, known as Bunge) and the Judiciary (Court of Appeal of Tanzania down through the High Court of Tanzania to the Primary Court).
8. Zanzibar is divided into five administrative regions, three in Unguja and two in Pemba. Each region is subdivided into two districts, which make a total of ten districts for the islands. The lowest government administrative structure at the community level is the Shehia. At the apex level, there is the Zanzibar Revolutionary Council (Cabinet, which is popularly, known as Baraza la Mapinduzi Zanzibar), which constitutes the Executive (that is, the Zanzibar Revolutionary Government; or as is popularly known: Serikali ya Mapinduzi Zanzibar). The head of the government is the President of Zanzibar, who is also the chairman of the Revolutionary Council. Zanzibar has its own Legislature, the Zanzibar House of Representative (popularly, known as Baraza la Wawakilishi Zanzibar) and its Judiciary up until the High Court of Zanzibar. It shares the Court of Appeal with Tanzania Mainland.
9. Tanzania has 357 Members of Parliament (MPs) in the Parliament of the United Republic of Tanzania which holds its parliamentary sessions in Dodoma the capital city of the country. The Parliament of the URT is composed of Constituency Members; Women Special Seats’ Members (102 members), Presidential Nominees (2 out of 5 are women), Representatives from the Zanzibar House of Representatives and the Attorney General of the United Republic of Tanzania as an Ex Official Member. Currently, the Ruling Party, Chama cha Mapinduzi (CCM) has the majority of MP’s with a total of 259 seats in the Bunge. Opposition parties include Chama cha Demokrasia na Maendeleo (CHADEMA) with 48 parliamentary seats followed by Civic United Front ( CUF ) with 36 seats, NCCR-Mageuzi 4 seats, Tanzania Labour Party (TLP) and United Democratic Party (UDP) one seat each. The current Speaker is a woman.
10. The Baraza la Wawakilishi Zanzibar currently has 79 members, including the Second Vice President, who is the head of government business in the House.[7] Zanzibar underwent significant political reforms in 2010 through the 10th amendment to the Zanzibar Constitution, whereby, inter alia, the Government of National Unity (GNU) was established after a decade-long of political turbulence. This situation was a result of a referendum establishing a national unity government after the Tanzanian October 2010 elections, which was held in Zanzibar on 31 July 2010, whereby 66.4% of the voters voted for the GNU. The referendum approved, inter alia, that the losing party in the elections would now be allowed to nominate the first vice-president, whereas the wining party would produce the president and second vice president. Under this new political arrangement, the second vice president is the head of government business, replacing the Chief Minister (i.e. Waziri Kiongozi). The number of registered voters was 407, 655 whereas 221,916 were females and 185,739 males.[8]
11. From April 2012 the State Party embarked on the review of its current Constitution with a view to adopting a new one as envisaged under the Constitutional Review Act (2011).[9] The constitutional review and re-writing process was overseen by the Constitutional Review Commission (CRC) established under Section 5 of this law. The CRC unveiled the first draft of the Constitution on 3 June 2013 that was discussed nationwide in the fora for constitutional review. These fora were established by the CRC on an ad hoc basis based on the geographical diversity of the State Party.[10] They discussed and provided their views on the Draft Constitution in July and August 2013.[11] Upon soliciting views of the people from all around the country, the CRC submitted the second Draft Constitution to the President of the United Republic of Tanzania and the President of Zanzibar[12] on 30 December 2013, who subsequently gazetted it. On 18 March 2014, the second Draft Constitution was submitted to the Constituent Assembly[13] established under Section 22 of the Constitutional Review Act. The Constitution Assembly (CA) has finalised the deliberations on second Draft Constitution and submitted it to the President of the United Republic of Tanzania on the 8th, October, 2014 which shall be later validated by a national referendum.[14]