User:Adriana.Santiago16/Human rights in Tanzania

Human rights in Tanzania
From Wikipedia, the free encyclopedia Jump to navigationThe United Republic of Tanzania is located in East Africa and, known for its extensive population. In 2018, a census demonstrates that Tanzania has a population of 56,313,438. For this reason, maintain order in society, and defend people's rights are the main plan. Human rights are served to defend and protect people no matter their age, ethnicity, religion, or gender. The government has implemented and accepted organizations and programs that help people get their rights and know about them. Some of them are African Union (AU), the African Commission on Human and People's Rights (LHRC), and the Tanzania Media Women Association (TAMWA). African Union is an organization that replaced the Organisation of African Unity (OAU) and help the inclusion of people and the economic growth in Africa. African Commission on Human and People's Rights (ACHPR) and the Legal and Human Rights Centre (LHRC) are organizations that help to know what their rights are. And the last, Tanzania Media Women Association that is an organization that through media defends women and children's rights.

Gender equality
"Tanzania is a male-dominated society." Accordingly, boys and girls are educated in different ways. Boys are taught to do hard work, get a job, and be the pillar of the house. For this reason, men are supposed that manage the family and take the decisions in the house. Meanwhile, girls are taught to do housework like cleaning, cooking, and gardening. Women are supposed to take care of the family and the home. Women don't have easy access to get an education or a job. Thus, many women live in poverty. As men seeing as the stronger gender, violence to women happens a lot that it is beginning to be seen as common in society. In consequence, women are also being sexually attacked increasing in the population the patients of sexually transmitted diseases; the most common are HIVs.

Gender-based violence
"Gender-based violence is violence directed against a person because of their gender." As Tanzania seeing one gender as the dominant and devaluing the other gender, violence from gender-based can occur. One type of gender-based violence is the persecution and killing of an elderly woman by accused of doing witchcraft. This discrimination and accusation of elderly women violate the right to have freedom, equality, and the practice of any religion. Another type of gender-based violence is physical and sexual by relationship partners, increasing the number of patients with HIV.

Maternal mortality
Tanzania is one of the countries that has one the highest number in the world of Maternal deaths. Maternal death is mostly on adolescents under 15 years. Maternal mortality is caused by not being able to get an adequate service or not being able to get health service. The most common situation that prevents women to get this service is mostly poverty. Most of the commons factors that cause maternal deaths can be a lack of medical supplies or a wrong done procedure. The most common cause of death is abortion. In Tanzania, abortion is illegal and that pushes women to go to places that don’t have the right knowledge to do a good procedure. The UNCT said,"Maternal health outcomes have shown slow improvement over the past two decades. ... [A]n important recommendation is that the Government increase access to and availability of basic emergency obstetric care services, skilled health workers – currently attending less than 50 percent of live births – as well as supplies. Access to family planning could reduce maternal deaths by a third and child death by as much as 20 percent. ..."Maternal mortality is an alarming situation because of the high number of these deaths, and for the violation of the right of everybody's welfare.

Treatment of school pupils
The treatment of school pupils has improved with the pass of the years and has become flexible for pupils, but most for pupils with disabilities. In Tanzania, most of the kids haven't got a secondary education because of the lack of secondary school. For this reason, the government has taken action expanding secondary school education and helping the students to get easy and free access to secondary education.

The UNCT said,

In 2008, only 0.4 percent of children with disabilities were enrolled and the trend is decreasing. In most cases, these children attend special needs schools rather than enjoying inclusive education. While the Government has developed an Inclusive Education Strategy, immediate efforts should be taken to ensure its implementation and hence increase the inclusion of orphans and other vulnerable children, many of whom are likely to be among the 5 percent of primary age children missing in schools. A 2002 regulation allows for the expulsion of pregnant girls from school. Existing protection and special programs for girls are inadequate and result in many girls being unable to fulfill the compulsory education program in place in the country. Corporal punishment is not prohibited in any environment, including in schools, and its use is widespread. Preliminary results from a forthcoming study on violence against children records high levels of physical violence in school. Over 50 percent of children have been subjected to physical violence – being punched, kicked, slapped, whipped, or threatened with a weapon – by their teachers before the age of 18.

The treatment of school pupils has become fairer and is helping students to feel accepted, included, and secure. Also, the educational system has taken into concerned the high number of patients with HIV and they have taken action in teaching their students about sexually transmitted diseases and how to prevent them. The educational system is becoming one without discrimination and the full inclusivity of each student.

Under-five child mortality
The under-five child mortality in Tanzania has decreased from the passing of the years. The UNCT said,"After more than a decade of stagnation during the 1980s and 1990s, major gains in child survival have been reported since mid-2000. ... This progress is equivalent to saving nearly 100,000 children every year. ... Nonetheless, the toll of under-five deaths still amounts to roughly 155,000 deaths per year – more than 400 deaths in Tanzania every day."In most cases, these death are because children and their families can't get easy access to a health system.

Juvenile Justice
Juvenile justice is a system for minors offenders. This system should defend their rights, give justice, and help them rehabilitee. "In Tanzania proceedings involving children are governed by the Children and Young Persons Act 2002 (CYPA), which creates a special procedure for juveniles in conflict with the law, from arrest and trial to sentencing." But, the penal code doesn't defend juveniles to be imprisonment with adults. The UNCT said,"Children are routinely held pre- and post-trial in adult detention centers even in regions in which juvenile detention centers exist. The prisons are not staffed or equipped to provide specialist services, and although generally under-18s or under-21s are separated at night, they mix with adults during the day. There are only two post detention centers and five retention homes (with two more openings in the near future) for under-18s in the country. There is no separate criminal system for under-18s and, apart from one juvenile court in Dar Es Salaam, juvenile cases are heard in regular courts. Under-18s without the means to pay for a lawyer are often left without legal assistance. There is no system of diversion and no community rehabilitation schemes provided for by law, or implemented in practice. Non-custodial sentencing is limited. Boys may receive corporal punishment or stroking. Other punishments relate to fines, compensation or costs, and probation with supervision. Zanzibar equally lacks a separate system for children and, with no separate detention centers, under-18s are mixed with adults in the prison.""Where a juvenile is detained, the CYPA mandates that he or she will be separated from adult prisoners, but this directive is often violated".

Indigenous People's Rights
"Indigenous peoples are inheritors and practitioners of unique cultures and ways of living". Tanzania has a big population of indigenous people that lives in their wilderness, the most populated is the tribe Maasai. The rights respect their cultural belief and defend women and children's rights. The women's rights defend women for some cultural beliefs like the female genital cutting. The children's rights defend children's emotional and physical welfare. In the education, for kids can be difficult because there is an indifference to the education of African languages. All of this can affect the learning of an indigenous child, and prevent other children to learn ethnics languages. Besides, human rights defend indigenous people's health, security, stability, and beliefs. Therefore, defends their access to ancestral or cultural lands. The UNCT said,"The rights of indigenous peoples to access ancestral lands have been denied or limited for economic exploitation, in particular in game reserves. ... [T]he Government would be urged to reconsider its policy by which the notion of indigenous peoples is unrecognized and to take steps to ensure their right to practice their own culture in parity with the majority population. The Government should also consider developing human rights-based standard operating procedures for evictions, clearly setting it out as a matter of last resort to resolve disputes over land use between public interests, private investors, and pastoralists."

LGBT Rights
Main article: LGBT rights in Tanzania

LGBT rights are based in be free and feel accepted. In Tanzania, as in many other countries, is different.

The UNCT said,"Homosexuality is considered contrary to cultural norms; same-sex sexual relations are criminalized. Group arrests in connection to peaceful assemblies, non-attendance to HIV patients, as well as forcible evictions of persons due to their sexual orientation by local and religious communities have been reported. Moreover, representatives of the groups and other human rights defenders may not be willing to make public statements in favor of tolerance and decriminalization for fear of reprisals. The Government is urged to take a proactive stance ... and repeal any criminal provision against persons based on their sexual orientation.."Therefore, the LGBT community's rights are being constantly violated and rejected in the socialization and the government. The government has violated their rights by prohibiting the selling of sexual products that can prevent STD.

Workplace Discrimination
"Discrimination in the workplace takes place when an employer discriminates against an employee in relation to work-related decisions, including such issues as hiring, firing, promotions, and availability of benefits". Workplace discrimination in Tanzania is mostly in HIV patients'. The government has taken action promoting the inclusion and the ways of how people can prevent HIV. Tanzania has a big population of HIV patients and this can be crucial because this can affect when they are getting a job and also, feel excluded.

The UNCT said,"Although the Convention on Equal Remuneration ... and the Convention on Discrimination in Employment and Occupation ... have been ratified and domestic laws to their effect have been introduced, the Government has yet to elaborate measures to address wage discrimination and disparities between job values in the private and public sectors. ... [D]espite the Government has put in place the HIV/AIDS (Prevention and Control) Act 2008 and the Employment and Labour Relations (Code of Good Practice) Rules 2007, HIV/AIDS-related discrimination remains institutionalized in the workplace in both the public and private spheres."

Commercial Sex Workers
Commercial sex work is a person that is paid for the exchange of sexual acts. In Tanzania, poverty has driven people, mostly women do commercial sex work. As sex work being illegal under the Tanzania Penal Code, violence and harassment can occur. Also, HIV can spread because of unprotected sex. In some places, sex workers are limited to ask for protected sex, and in other cases, unprotected sex can have additional pay. Commercial sex workers put their health at risk for money.

The UNCT said, "Commercial sex workers are another group at risk of social exclusion and harsh treatment by law enforcement. Considered as an offense under applicable criminal law, commercial sex continues to fuel harassment and abuse. The Government is encouraged to study the effects of the arrests of these workers, the majority of whom are women."

Albinism
Main article: Persecution of people with albinism

The killing and mutilation of people that suffer from albinism is huge because a cultural belief. Some witch doctors believe the witchcraft to be more powerful if the victim screams during an amputation. Navi Pillay, the United Nations High Commissioner for Human Rights, said in March 2013 that prosecutions for these crimes are rarely successful with only five known cases of convictions out of the 72 murders of people with albinism documented in Tanzania since 2000.

The UNCT said,

From 2006 to 2010, at least 58 persons with albinism were killed, the majority of whom were children. Also, there were nine cases of attempted murder and reports of the desecration of graves. ... Efforts have been made to prosecute the murderers. Tackling the national and international trade in body parts is also essential to ending the killings. In terms of protection, the Government has established special shelter centers for children with albinism. However, in the long-term, this measure results in the children's isolation from society and separation from family. Therefore, the Government should explore alternative ways of protecting people with albinism, including options that promote social inclusion and tolerance. :¶¶ 31–32, page 8 In society, albinos are rejected and discriminated against. Consequently, this makes to albino more difficult to get an education or job, and been treated right. Albinos have their special rights that are getting reasonable accommodation in schools and jobs, and the right of getting medical products to protect and help their condition. But, the most important right that they have and still defending, is the right of being free, accepted, and feel secure.

Human Trafficking
The UNCT said,"Tanzania is a source, transit, and destination country for men, women, and children subjected to trafficking, specifically under conditions of forced labor and forced prostitution. The incidence of internal trafficking is higher than that of transnational trafficking, largely from rural to urban areas, affecting primarily children for their exploitation in domestic servitude, petty trade, and prostitution. Family members and friends who offer assistance with education or lucrative employment in urban areas usually facilitate trafficking. The use of young girls for forced domestic labor continues to be the country‟s largest human trafficking problem. Due to the lack of establishment of an Anti-Trafficking Committee, the governmental agencies tasked with prevention and protection are unable to implement 2008 Anti-Trafficking in Persons Act as there are no regulations for them to follow. Thus, most government officials remain unfamiliar with the Act's provisions, and no budgetary resources allocated to combating the crime and assisting the victims have been secured... Law enforcement officials often fail to see human trafficking as a crime but rather a moral issue that can be remedied by financial compensation. ... From the enactment of the law to the end of January 2011, three cases were successfully prosecuted..."

Forced Labor
"Forced labour is any work or service which people are forced to do against their will, under threat of punishment." "Forced labour happens in the context of poverty, lack of sustainable jobs and education, as well as a weak rule of law, corruption and an economy dependent on cheap labour."

The UNCT said,"The Local Government (District Authorities) Act (1982) allows the Government to compel individuals and groups to forcibly work for purposes of economic development. Many laws also permit the imposition of forced or compulsory labor as a punishment for a range of offenses, including the expression of political views and the failure to engage in socially useful work. ... These provisions are incompatible with relevant International Labour Organization conventions and the Government should revise these provisions as a matter of priority."

Incarceration, prisons, and access to justice
The UNCT said,"There is an acute shortage of courts, as well as judges and magistrates to preside over cases, severely affecting access to competent tribunals. Pointedly, [33.6 percent of] ... cases ... in the primary and district courts ... have been pending for 2 years or more. Likewise, the number of cases pending in the High Court (for murder, serious offenses, and appeals) is rising due to fewer court sittings. Besides, justice is further delayed by prolonged investigations by the police, the courts' adjourning of cases based on flimsy technical grounds, and the non-appearance of witnesses. There is also a dearth of lawyers who are qualified to provide representation in court, the great majority of whom are based in Dar es Salaam. ... While the law allows for legal aid in criminal cases, those accused of murder and treason are provided with free representation in practice only. Detention facilities struggle to cater to the basic needs of the ever-growing number of inmates, most of whom are remandees. Convicted and unconvinced are mixed together, often under inhumane conditions. Some prisons are housing more than twice their capacity, as is the case with the Ruanda Central Prison, which has a capacity of 400 prisoners and holds 838."In its 2013 human rights report, the United States State Department said,"Despite some improvements, prison conditions remained harsh and life threatening. Inadequate food, overcrowding, poor sanitation, and inadequate medical care were pervasive. There were allegations that authorities meted out inhumane treatment. Serious threats to life continued in detention centers. ... As of October 17, [2013,] the prisons held 34,404 inmates--16 percent above the total capacity of 29,552. Among the prisoners, 17,180 were convicts and 17,224 were pretrial detainees. Pretrial detainees and convicted prisoners were held together. ... Authorities held minors together with adults in several prisons due to a lack of detention facilities. According to government officials, there were deaths in prison due to HIV/AIDS in prisons. The most common health complaints by prisoners were malaria, tuberculosis, HIV/AIDS, and other diseases related to poor sanitation. Prison dispensaries offered only limited treatment, and friends and family members of prisoners generally had to provide medications or the funds to purchase them. Limited transportation also affected the ability of prison staff to take prisoners to health clinics and hospitals. Prison staff complained of water shortages and a lack of electricity as well as inadequate medical supplies. ... Recordkeeping in prisons was inadequate and resulted in discrepancies in reporting. On the mainland[,] the law allows judges and magistrates to grant parole or impose alternative sentences such as community service ..., but these options were rarely used. The law authorizes early release for good behavior but has burdensome evidentiary requirements. On the mainland[,] authorities often moved prisoners to different prisons without notifying their families. ... The number of probation officers remained inadequate. ... On the mainland[,] prisoners were permitted to submit complaints to judicial authorities, but it was alleged that the letters were censored.""Detainees charged with criminal matters generally waited three to four years for trial due to a lack of judges to hear cases, an inadequate judicial budget, and the lengthy time required to complete police investigations."

Excessive use of force, torture, arbitrary arrests, and corruption
During the UPR, the United States expressed concern about reports of arbitrary arrests, excessive use of force by police and the military, and corruption in law enforcement. Denmark was concerned about reports of law enforcement officers engaging in disproportionate use of force, including torture.

Tanzania expressed support for the U.S. recommendations to, "Implement a national action plan to combat corruption, including enhanced laws and enforcement, more resources dedicated to anti-corruption bodies, a review of law enforcement compensation, and a nation-wide educational campaign...." and to provide human rights training to security forces.

In its 2013 human rights report, the United States State Department said,"During the year[,] there were several reports that agents of the government (specifically police and other security units) committed unlawful killings. Nongovernmental organizations (NGOs) and local news agencies documented several cases of police officers mistreating, beating, and causing the deaths of civilians. ... The Legal and Human Rights Center (LHRC) announced that police brutality, domestic violence, and extrajudicial killings rose during [2013].... ... According to the LHRC, by July police and other security personnel killed 22 persons (compared with 31 in all of 2012). In October[,] several members of parliament (MPs) and local NGOs raised concerns about alleged human rights abuses related to a controversial anti-poaching campaign initiated by the government. Some MPs alleged that government officials used excessive force in questioning individuals about poaching activities, seized and killed cattle grazing on protected land, and burned houses of pastoralists allegedly involved in illegal grazing. ... On December 20, President Kikwete dismissed four cabinet ministers ... in response to continued parliamentary concern....""The constitution and law prohibit ... [torture and other cruel, inhuman, or degrading treatment or punishment], but there were reports that police officers, prison guards, and soldiers who abused, threatened, and otherwise mistreated civilians, suspected criminals, and prisoners faced limited accountability. The abuse most commonly involved beatings. ... On June 19, Human Rights Watch and the Wake Up and Step Forward Coalition released a report including several detailed allegations of torture and abuse of lesbian, gay, bisexual, and transgender ... individuals while in police custody. ... The law allows caning. Local government officials and courts occasionally used caning as a punishment for both juvenile and adult offenders. ... Caning and other corporal punishment were also used routinely in schools.""[T]he Tanzanian Police Force has primary responsibility for maintaining law and order both on the mainland and in Zanzibar. ... During ... [2013,] there were reports of excessive force, police corruption, and impunity. Low pay contributed to perceived corruption in certain units, as reported widely by citizens and the press. Newspaper articles, civil complaints, and reports of police corruption from the Prevention and Combating of Corruption Bureau ... as well as the Ministry of Home Affairs, also continued. ... Sungusungu, or citizens' patrols, are traditional neighborhood anticrime groups that exist throughout the mainland. The People’s Militia Act of 1973 grants them the power to make arrests. ... Sungusungu members are not permitted to carry firearms or machetes, but they did carry sticks or clubs. They ... operated independently from the police. ... In June, LHRC reported that Sungusungu militias were responsible for the death of four people during the year in Shinyanga, Mbeya, and Iringa regions.""On the mainland[,] the law ... requires that a person arrested for a crime, other than a national security detainee, be charged before a magistrate within 24 hours of arrest ..., but police failed to comply consistently with this requirement. There were reports of police using a rolling process of releasing and immediately re-arresting individuals so that they would remain in custody while police ... developed the required information for the accused to be charged. The law gives accused persons the right to contact a lawyer or talk with family members, but at times they were denied this right. Prompt access to counsel was often limited by the lack of lawyers in rural areas, lack of communication systems and infrastructure, and illiteracy and poverty of the accused. ... The government provided legal representation for some indigent defendants and all suspects charged with murder or treason. ... In the primary and district courts, bribes sometimes determined whether bail was granted."

Freedom of association and expression
The right of freedom of association, opinion, and expression defends people from have this right prohibited. Freedom of expression, as in many of the countries, is most alluded by social media. In Tanzania, the internet has converted a way of expression, because the number of people who use media to express themselves, has increased.

The UNCT said,"Under commitments made in MKUKUTA II, more efforts to increase access to independent information are underway. Therein, an expansion from the current twelve community media to at least one community media in each district is forecast. To deliver on that commitment, it will be necessary to alleviate the lengthy and bureaucratic procedures in licensing such radio stations, which may take between one to three years. The Government should further be concerned about reports from the independent 2010 general election monitors, which point to instances of intimidation against these radio stations as a means to hinder broadcasting voters' education programs. Another important recommendation for the Government would be the fast-tracking of freedom of information legislation; code of ethics for advertisements; and the introduction of public broadcasting in Zanzibar."In Tanzania, freedom of association, opinion and expression has a lot of limitations in expression, mostly in the media expression.

Persons living with HIV/AIDS
Main article: HIV/AIDS in Tanzania

Tanzania has a big population of HIV/AIDS patients. HIV has impacted hospitals with several patients and with people that need treatment. Also, HIV is affecting households and the social life of the patients. The patients of HIV can suffer from discrimination in society.

The UNCT said,"Stereotyping in HIV/AIDS infection has continued fueling stigma and discrimination, particularly against women due to gender norms that label women as 'vectors' of transmission for HIV. ... Another contributor to the stigmatization of HIV or AIDS affected individuals is the criminalization of 'intentional' transmission of HIV/AIDS, with a punishment of up to ten years. As it is difficult to find out who, among adults, has knowingly infected another person, the added value of this approach is questioned. In addition, with mother to child transmission, it raises an additional concern for women."

Zanzibar
"Zanzibar Island (known locally as Unguja, but as Zanzibar internationally) is 60 miles long and 20 miles wide, occupying a total area of approximately 650 square miles." Also, Zanzibar has a population of 97,249 approx. Historically, the human rights situation on Zanzibar has been more problematic than the situation on the mainland. The original constitution of the united republic gave mainland authorities almost no recourse to intervene in matters of law and justice. Mainland officials were thus powerless to stop a wave of arbitrary arrests and imprisonments on the islands. The Zanzibar branch of the Revolutionary Party has historically been significantly more authoritarian than its mainland counterpart, a situation that has remained the case even after opposition parties were legalized in 1992.

Refugees from Burundi
After a February 2012 meeting among Tanzania, Burundi, and the United Nations High Commissioner for Refugees (UNHCR), the decision was made to close the Mtabila camp – home to approximately 38,000 Burundian refugees – on 31 December 2012. Tanzania refused to grant citizenship to any of these refugees after having done so for 162,000 Burundian refugees in 2010.

Following a detailed questionnaire conducted by UNHCR and Tanzanian officials in December 2011, 33,708 refugees in Mtabila were found to be "not in need of international protection" and those who "are unwilling, without justifiable grounds, to return to Burundi, will find themselves liable to be dealt with under relevant Tanzanian laws, including those for immigration control and management". In August 2012, based on of screening interviews conducted with UNHCR, only 2,715 of the refugees were determined to remain entitled to refugee status. In November 2012, the UNHCR reported that around 1,000 people per day were being assisted to voluntarily return to Burundi.

Historical Freedom House rating
The following chart shows Tanzania's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free".

International treaties
Tanzania's stances on international human rights treaties are as follows: