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TITLE:  TANZANIA HUMAN RIGHTS PRACTICES, 1993                            
DATE:  JANUARY 31, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE

                       TANZANIA


The United Republic of Tanzania amended its Constitution in 
1992 to become a multiparty state; however, pending national 
elections scheduled for 1995, the ruling Chama Cha Mapinduzi 
Party (CCM) continued to control the Government.  President 
Mwinyi was reelected to a final 5-year term as President of the 
Republic in October 1990.  The Government lays down fundamental 
political policies and monitors their implementation, including 
steps toward national multiparty elections scheduled for 1995.  
The islands of Zanzibar are integrated into the United 
Republic's governmental and party structure, but the Zanzibar 
government exercises a considerable degree of autonomy.  There 
has been growing debate about the viability of the current 
Union structure (see Section 3).

The police have primary responsibility for maintaining law and 
order.  They are supported by a variety of citizens' anticrime 
patrols known as "Sungusungu" in urban areas and "Wasalama" in 
rural zones.  The police occasionally beat suspects during 
interrogations.  Likewise, there have been instances when the 
citizens' anticrime groups have used excessive measures while 
carrying out their tasks.

Agriculture provides 90 percent of employment.  Cotton, coffee, 
sisal, tea, and gemstones account for most export earnings.  
The industrial sector is one of the smallest in Africa.  
Economic reforms undertaken since 1986, including 
liberalization of agricultural policy, the beginning of 
privatization of state-owned enterprises, rescheduling of 
foreign debt payments, and the freeing of the currency exchange 
rate, have helped stimulate economic growth--estimated at 3 to 
4 percent in 1993--for the seventh straight year.

While the Government permitted the registration of 11 new 
political parties and allowed increased freedom of speech and 
press, it continued to restrict human rights.  Moreover, the 
Government attempted to control the pace and direction of 
political change, purportedly to ensure social stability.  In 
the process it used short-term detentions of some political 
opponents, engaged in several intrusive actions against the 
independent press, sometimes interfered with the right of 
peaceful assembly, and continued to impinge on the citizens' 
right of privacy and free movement.  Although the government 
held no known political detainees or prisoners at year's end, 
it had not rectified a variety of problems in the judicial 
system which, in their totality, amounted to the denial of 
expeditious justice and fair trial for many citizens.  During 
the year, religious tensions heightened with the public 
appearance of Muslim fundamentalism.  Discrimination and 
violence against women remain severe and widespread, and 
offenders were not usually prosecuted.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including 
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There was one extrajudicial killing in 1993.  On January 31, 
following a confrontation on the island of Pemba over the 
removal of a flag of the opposition party Civic United Front 
(CUF), a local policeman shot and killed one party member and 
injured another.  Investigating what was widely viewed as an 
unfortunate local incident, a police commission recommended the 
policeman be charged with murder without intent and with 
causing injury to another person.  CUF leaders filed separate 
charges against another policeman involved.  Both cases were 
still pending in the courts at the end of the year.

Spontaneous mob "justice" for suspected criminals also remained 
a common practice throughout the country.  For example, in May 
a mob in Dar es Salaam killed three armed men and injured a 
fourth following a gas station robbery.  No one was arrested.

     b.  Disappearance

There were no reported cases of disappearance.

     c.  Torture and Other Cruel, Inhuman, or Degrading 
         Treatment or Punishment

The Constitution prohibits the use of torture and inhuman or 
degrading treatment, and government officials condemn these 
practices whenever cases become public.  In practice, however, 
the police occasionally threaten and mistreat suspected 
criminals during and after their apprehension.  Officials are 
seldom tried for such abuses when they occur.

The People's Militia Laws, as amended by Parliament in 1989, 
bestow quasi-legal status on the traditional Sungusungu and 
Wasalama village and neighborhood anticrime groups.  The press 
in April reported that eight members of a Sungusungu patrol in 
Mwanza were imprisoned for beating a teacher accused of misuse 
of school property.  The widespread belief in witchcraft has 
led, in a few instances, to the killing of alleged witches by 
their "victims," aggrieved relatives, or mobs.  While 
government authorities attempt to discourage such practices, 
they rarely prosecute participants.

Although there is no independent monitoring, prison conditions 
generally reflect Tanzania's depressed economic conditions.  
There has been little improvement over the past year.  
Government-furnished food and medical care are limited in 
quantity and quality, leading to outbreaks of serious diseases 
such as cholera and malaria that have reportedly led to some 
deaths.  On the other hand, prisoners' families usually may 
visit and attend to feeding and health care needs.

     d.  Arbitrary Arrest, Detention, or Exile

The Criminal Procedure Code, amended in 1985, requires that a 
person arrested for a crime, other than a national security 
offense under the Preventive Detention Act, be charged before a 
magistrate within 24 hours and be permitted the right to 
defense counsel.  These amendments also restricted the right to 
bail, reduced the number of bailable offenses, limited judges' 
discretion in granting bail, and imposed strict conditions on 
freedom of movement and association when bail is granted.  An 
average case still takes 2 to 3 years or longer to come to 
trial, with the defendant incarcerated under poor conditions.

Under the Preventive Detention Act, the President of Tanzania 
may order the arrest and indefinite detention without bail of 
any person considered dangerous to the public order or national 
security.  The act was amended in 1985 to require the 
Government to release detainees within 15 days of detention or 
inform them of the reason for their detention.  The detainee 
was also allowed to challenge the grounds for detention at 
90-day intervals.  Despite a landmark ruling by the Court of 
Appeal in 1991 that the Preventive Detention Act could not be 
used to deny bail to persons not considered dangerous to 
society, the Government has still not introduced corrective 
legislation.

Arbitrary arrest in criminal cases occurs.  For example, police 
occasionally arrest innocent relatives of criminal suspects, 
holding them in custody without charge for as long as several 
years in efforts to force the suspects to turn themselves in.  
Such relatives who manage to get their case before a judge are 
usually set free, only to be immediately rearrested when they 
leave the courtroom.  The legal community appears helpless to 
correct these abuses.  Local lawyers estimate the number of 
such cases at several hundred.

The Government has additional broad detention powers under the 
Regions and Regional Commissioners Act and the Area 
Commissioners Act of 1962.  These acts permit regional and 
district commissioners to arrest and detain for 48 hours 
persons who may "disturb public tranquility."  There are 
credible reports that these powers continued to be abused to 
detain political "troublemakers," citizens who question 
authority, or those who resist forced contributions to the 
ruling party.

In 1993 the Government sometimes used its legal powers to 
harass and intimidate political opponents.  The authorities 
arrested opposition speakers who were particularly critical of 
the Government during public rallies for using "abusive" 
language.  After a few hours or days in jail, the Government 
routinely dropped charges.  In June the Government arrested 
three members of the unregistered Democratic Party and charged 
them with inciting Muhimbili Medical Center nurses to 
demonstrate for payment of benefits.  It also arrested and 
charged five others with unlawful assembly and assaulting a 
police officer.  While members of opposition parties have been 
harassed by security officials, none was detained under the 
Preventive Detention Act in 1993.

     e.  Denial of Fair Public Trial

Weaknesses in the judicial system and government interference 
have the effect of denying expeditious and fair justice to many 
citizens (see below).

The legal system in Tanzania is based on the British model, 
with modifications to accommodate customary and Islamic law in 
civil cases.  Criminal trials are open to the public and the 
press; courts must give reasons on the record for holding 
secret proceedings.  Criminal defendants have the right of 
appeal.  Military courts do not try civilians, and there are no 
security courts.  Defendants in civil and military courts may 
appeal decisions to the High Court and the Court of Appeal.  

Zanzibar's court system generally parallels the mainland's 
legal system but retains Islamic courts to handle Muslim family 
cases such as divorce, child custody, and inheritance.  Cases 
concerning Zanzibar constitutional issues are heard only in 
Zanzibar's courts.  All other cases may be appealed to the 
Court of Appeal of the United Republic of Tanzania.

While the judiciary is constitutionally mandated to operate 
independently from the executive branch, the Government can 
influence cases.  For example, judges who render decisions 
unpopular with senior police or government officials may be 
subject to pressures or may be transferred and reassigned.  
Government officials also sometimes ignore judicial rulings.

In addition to this interference, the judicial bureaucracy is 
widely criticized as inefficient and corrupt, bringing into 
question the defendants' ability to receive a fair and 
expeditious trial in all cases.  There are reports of 
prisoners, who could not pay bribes to police and court 
officials, waiting several years for trial.  Although the 
Government initiated efforts as early as 1991 to highlight 
judicial corruption, there has been little evident progress in 
correcting this situation.

The Court of Appeal dismissed the celebrated case of former 
Zanzibar Chief Minister Seif Sharif Hamad.  He had been 
released from detention on November 20, 1991, and allowed in 
late 1992 to travel abroad and engage in political activities.

There were no known cases of political detainees or prisoners 
held at year's end.

     f.  Arbitrary Interference with Privacy, Family, Home, or 
         Correspondence

The State continued to interfere with these rights, although 
the Government began to disassociate the intrusive, 
neighborhood watch "10-cell" function from the CCM Party.  The 
CCM has historically penetrated all levels of society through 
local cells, varying in size from single-family homes to large 
apartment buildings and containing from 10 to 200 persons.  
Unpaid party officials served as 10-cell leaders with authority 
to resolve problems at the grassroots level and to report to 
authorities any suspicious behavior, event, or noncompliance 
with compulsory night patrol service in the neighborhood.  In 
1993 the 10-cell function continued in some areas but was 
weakened in others as leadership was transferred to individuals 
elected in recent "grassroots elections."  The CCM was 
withdrawn from most public establishments, and the military was 
forbidden to belong to any political organization.


CCM membership is voluntary and is estimated at approximately 3 
million cardholders.  While in the past CCM membership had been 
necessary for advancement in political and other areas, the 
importance of such membership is beginning to wane. 

The Criminal Procedure Act of 1985 authorizes police officials 
(including the civilian anticrime units) to issue search 
warrants; however, the act also authorizes searches of persons 
and premises without a warrant if necessary to prevent the loss 
or destruction of evidence connected with an offense or if 
circumstances are serious and urgent.  In practice, warrants 
are rarely requested, and the police and others search private 
homes and business establishments at will.  Reportedly, the 
security services monitor the telephones and correspondence of 
some citizens and of selected foreign residents.

Compulsory participation in local civilian anticrime groups 
continued in 1993 in some areas.  Historically, these groups 
have operated only in rural areas to combat cattle rustling and 
other criminal activity.  Peasant farmers are no longer 
required to join agricultural cooperative societies controlled 
by the ruling CCM party.  The 1992 Cooperative Act eliminated 
government interference in cooperative formation, and 
cooperatives now serve economic rather than political ends.  
Members elect their own officers.  Various ordinances allow the 
authorities to remove "undesirable" or destitute persons from 
one area to their prior place of residence or origin if 
employment is not available for them (see Sections 2.d. and 
6.c.).

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Freedom of speech and press is provided for under the 
Constitution.  Political activists openly criticized the 
Government and ruling party in public forums, although there 
were a few incidents in which vociferous opponents were briefly 
detained, in some cases allegedly for using "abusive" language 
(see Section 2.d.).  While police were often seen at political 
rallies, their presence was principally for crowd-control 
purposes.

The single most important medium, radio, remained under 
government control, with access for the nascent political 
parties restricted to one or two weekly programs.  On occasion, 
the Government refused opposition political parties permission 
to announce public meetings or purchase advertisement time on 
the radio.  The Government had not formulated a public policy 
on access to government-controlled media by political parties 
or nongovernmental organizations by the end of the year, 
although political party leaders and Radio Tanzania officials 
discussed the issue in July.  During 1993 the Government laid 
the groundwork for a reorganization of radio and the licensing 
of private radio and television stations, culminating in the 
inauguration of the National Broadcasting Commission on 
November 15.

Daily papers available at the end of 1993 were the CCM-owned 
Swahili-language Uhuru (circulation 80,000); the government 
English-language Daily News (circulation 50,000); and a third, 
the private Swahili-language Majira with an initial printing 
run of 50,000 copies.  A large number of other English- and 
Swahili-language private newspapers and magazines appeared 
regularly.  These newspapers were also available in Zanzibar, 
where the only local journal was a Ministry of Information 
bimonthly.  The official media generally reflect the CCM's 
ideological line, publicizing and defending the Government's 
programs with guidance from the Ministry of Information.  
Editorials are often written by senior government officials.  
Although there is no formal censorship, the official media 
still exercise considerable self-censorship.

Numerous foreign newspapers and magazines were widely 
available.  Although the local newspapers and magazines varied 
widely in quality, about half formed the core of a serious, 
free, independent press.  They have been largely critical of 
the Government and have given extensive coverage to opposition 
parties.  The Government attempted to curb the critical 
independent press with relatively little success.  The 
Information Ministry revoked the licenses of two newspapers in 
January, ostensibly for printing obscene articles.  This action 
was broadly criticized as arbitrary, and the owners of one of 
the newspapers had an appeal pending in the courts at year's 
end.

The Government also proposed legislation to establish a press 
council, ostensibly to handle complaints against the press and 
to uphold standards of professionalism in journalism.  This 
bill was harshly criticized by the media, some academics, and 
parliamentarians as a thinly veiled attempt to control the 
newly independent media.  The bill included provision for 
licensing journalists as well as a binding code of ethics.  The 
negative response was so overwhelming that the Government 
withdrew the bill.

Academic freedom exists in theory, although most academics are 
employed in government institutions and hesitate to promote 
sensitive subjects in their classrooms.  On the other hand, in 
publications and public appearances, they have been outspoken 
and frank in their views, whether critical or supportive of 
government policies.

     b.  Freedom of Peaceful Assembly and Association

Although Tanzanians enjoyed the right freely to discuss 
political alternatives, local government officials sometimes 
used existing laws to impede freedom of assembly and 
association.  In order to preserve public order, the Government 
warned political opponents against employing "abusive" or 
"inciting" language at public rallies.  Permits must be 
obtained from the Government for any public meeting.  The 
responses to requests of opposition parties for permits to hold 
meetings were at times issued too late to publicize the rallies 
or too restrictive in terms of approved times and locations.  
Some requests were explicitly denied.

The registrar of political parties has sole authority for 
approving or denying the registration of any political party 
and is responsible for enforcing strict regulations on 
registered or provisionally registered parties.  Electoral 
amendments approved in 1992 prohibit independent candidates, 
require standing Members of Parliament to resign if they join 
another political party, require all political parties to 
support the Union with Zanzibar, and forbid parties based on 
ethnic, regional, or religious affiliation.  Parties granted 
provisional registration may hold public meetings and recruit 
members.  They have 6 months to submit lists of at least 200 
members from 10 of the country's 25 regions, including 2 
regions of the islands, in order to secure full registration 
and to be eligible to field candidates for election.  
Nonregistered parties are prohibited from holding meetings, 
recruiting members, or fielding candidates.

The most prominent unregistered party was Reverend Christopher 
Mtikila's Democratic Party which advocates the expulsion from 
the mainland of minorities and the establishment of a Christian 
state.  The authorities arrested Mtikila and four others in 
January and charged them with unlawful assembly, breach of the 
peace, sedition, and using abusive language against CCM leaders 
and the Government when a public rally in Dar es Salaam 
prompted a riot.  They were released on bail 2 weeks later and 
hearings continued throughout the year.  In September the 
Government held Mtikila another 2 weeks and charged him with 
intimidation and sedition against the Government after he 
called for the expulsion of President Mwinyi and other 
Zanzibari leaders from the mainland and issued veiled threats 
against their safety.  He has since been released.

In May the entire undergraduate student body of Sokoine 
University was suspended after students barred university 
officials from entering the administration building in a 
protest over health and related services.  All students were 
reinstated by the end of the year.

Under the Societies Ordinance, the Ministry of Home Affairs 
must approve any new association.  A number of professional, 
business, legal, and medical associations exist but have only 
begun to address political topics.  Several nongovernmental 
organizations were formed within the last 2 years to address 
the concerns of families, women, and children.

     c.  Freedom of Religion

Freedom of religion is provided for in the Constitution and is 
respected in practice, to the extent that public order and 
safety are not jeopardized.  A rise in religious tension and 
violence (see Section 2.b. and below) did not impinge on 
freedom of worship, but raised public concerns for the future 
of religious tolerance.  Missionaries are allowed to enter the 
country freely to proselytize, and Tanzanians are allowed to go 
abroad for pilgrimages and other religious purposes.  Since 
1988 the Government has allowed the Jehovah's Witnesses, who 
were banned in Tanzania for many years, to hold services, to 
register as an organization, and to proselytize.

In April the Government arrested 38 alleged Muslim 
fundamentalists and charged them with destroying several pork 
butcheries in Dar es Salaam.  A subsequent demonstration during 
a court hearing led to the arrest of at least 12 Muslim 
sympathizers for illegal assembly.  The authorities charged two 
Muslim leaders, Sheikh Yahya Hussein and Sheikh Kassim Jumaa 
Khamis, with instigating the violence, and Kassim also faced 
charges of denigrating the beliefs of a religious group and two 
counts of sedition.  They released Sheikh Kassim on bail and 
dropped charges against most of the accused in June.  The 
Government also banned Balukta, the Koran Reading Association, 
for its alleged involvement in the incidents and arrested 
Sheikh Kassim in August, charging him with four additional 
counts of sedition.  He was released on bail and awaited trial 
at year's end.  In April the Government expelled three Sudanese 
Muslim teachers from the country for allegedly inciting 
religious hatred and urging the establishment of an Islamic 
state.

     d.  Freedom of Movement Within the Country, Foreign 
         Travel, Emigration, and Repatriation

Apart from the Zanzibari requirement for documentation for 
travel between Zanzibar and the mainland, short-term travel 
generally is not restricted within Tanzania, but citizens must 
follow national employment directives stipulating the nature of 
employment and location of residence.  The Human Resources 
Deployment Act of 1983 requires local governments to ensure 
that every resident within their areas of jurisdiction engages 
in productive and lawful employment.  Those not so employed are 
subject to transfer to another area where employment is 
available.  For years city dwellers unable to show proof of 
employment during police checks have been forced to return to 
rural areas as the Government has sought to control increasing 
pressure on urban resources.  In early 1993, the Dar es Salaam 
police shipped many of the city's beggars back to their home 
villages.  In April Zanzibar President Salmin Amour ordered an 
alleged antigovernment activist to move to his ancestral 
village on the mainland.

Mostly due to bureaucratic inefficiency, passports for foreign 
travel can be difficult to obtain.  Former exiled opposition 
figure Oscar Kambona was finally issued a passport in August 
after an unusually long investigation into his claim to 
Tanzanian citizenship.  The delay in his case appeared 
excessive and possibly was politically motivated.  The 
authorities require citizens to obtain central bank and tax 
office clearances in order to buy airline tickets and subject 
those planning to travel or emigrate to intense scrutiny.  
Tanzanians who leave the country without authorization are 
subject to prosecution on their return.  The Extraterritorial 
Jurisdiction Act empowers the courts to try Tanzanians who 
commit offenses outside the country.  Although it is legally 
possible for citizenship to be revoked, there have been no 
reports that this has been done in recent years.  Parliament 
passed a bill in 1986 that required the registration and 
identification of everyone over the age of 10 who resides in 
Tanzania, apparently in an effort to control foreign workers, 
but it has not been implemented.

Tanzania has a liberal policy towards refugees and displaced 
persons.  Following an attempted coup and ethnic conflict in 
Burundi in October, Tanzania received an influx of over 300,000 
Burundian refugees.  Tanzania also continued to host some 
292,000 refugees from earlier influxes from Burundi, Rwanda, 
and Mozambique.  In 1993, prior to the Burundi coup attempt, 
several thousand Burundian refugees voluntarily repatriated.

Section 3  Respect for Political Rights:  The Right of Citizens 
           to Change Their Government

A multiparty political system was officially introduced in 1992 
after 28 years of one-party rule.  Pending local elections 
postponed until 1994 with the concurrence of the opposition 
parties and national elections in 1995, the Chama Cha Mapinduzi 
Party remains the sole party in the Government.  In April all 
but one opposition party boycotted a parliamentary by-election 
in Zanzibar, ostensibly to protest the absence of further 
constitutional and legislative reforms they believed necessary 
for free and fair competition.  However, most opposition 
parties have indicated that they will participate in two 
parliamentary by-elections in early 1994.  In 1992 the 
Constitution was amended to allow for the impeachment of the 
President and votes of no confidence in the Prime Minister.

By the end of the year, there were 11 newly registered 
political parties, with the main potential opposition to the 
CCM found in James Mapalala's Civic United Front, two factions 
of the Union for Multiparty Democracy headed by Christopher 
Kassanga Tumbo and Chief Abdullah Fundikira, Edwin Mtei's Party 
for Democracy and Development, and Mabere Marando's National 
Conference for Construction and Reform.

Growing political discussion has brought to the surface open 
controversy over the issue of the Union between Zanzibar and 
the mainland, leading to mainland parliamentarians engaging in 
an unprecedented questioning of government policy.  Many 
mainlanders have resented Zanzibar's disproportionate 
representation and influence in state institutions, heightened 
by Zanzibar's decision in late 1992 to join the Organization of 
the Islamic Conference (OIC).  Pressure from mainland 
parliamentarians forced Zanzibar to withdraw from the OIC in 
August, and at the same time Parliament approved a motion 
calling for the establishment of a separate mainland government 
of Tanganyika.  The Union Government agreed to solicit public 
opinion on possible modalities to establish a separate 
Tanganyika government and report its recommendations by April 
1995.  Other issues debated in the 1993 budget session by 
Parliament broke new ground in their substance and tone.

There are no restrictions in law on the participation of women 
in politics and government.  However, in practice the number 
remains small, largely due to cultural impediments to the 
schooling of women, as well as to the economic exigencies of 
raising large families and engaging in subsistence agriculture 
(see Section 5.a.).  Females comprise 28 of 248 members of the 
National Assembly and 3 of 25 cabinet members.

Section 4  Governmental Attitude Regarding International and 
           Nongovernmental Investigation of Alleged Violations 
           of Human Rights

Local groups devoted solely to monitoring human rights abuses 
began to form in 1993 but had not established effective 
procedures to address specific cases of human rights abuse.  
While the Government continues to resent outside inquiries into 
alleged violations of human rights, it has allowed visits by 
representatives of international human rights groups in the 
past.  In August the Government announced plans to hold 
tribunals or conferences throughout the country on human rights 
abuses, focusing specifically on abuses against women and 
children.  The Tanzanian women's media association sponsored 
such a workshop in November.

Section 5  Discrimination Based on Race, Sex, Religion, 
           Disability, Language, or Social Status

The Constitution prohibits discrimination based on nationality, 
tribe, origin, political affiliation, color, religion, or 
lifestyle.  Discrimination based on sex, age, or disability is 
not specifically prohibited by law but is publicly discouraged 
in official statements.

     Women

Both party and government constitutions endorse equality in the 
workplace.  Nevertheless, strong traditional norms still divide 
labor along gender lines and place women in a subordinate 
position.  For example, women face widespread discrimination in 
access to educational opportunities, and in the countryside 
they are relegated largely to farming and raising children.  
Female students who become pregnant are dismissed from school.  
Under Zanzibari law, unmarried women under the age of 21 who 
become pregnant are subject to 2 years' imprisonment, although 
this has not been enforced for several years.

Progress on women's rights has been more noticeable in urban 
areas, where traditional values are weaker, but even there and 
in the public sector, which employs 80 percent of the salaried 
labor force, certain statutes restrict their access to some 
jobs or their hours of employment.  According to 1988 
statistics, only 3 percent of economically active women are 
engaged in the wage and salary employment sector, and women are 
still concentrated in the traditional fields of nursing, 
teaching, clerical, and related jobs.

The overall situation for women is even less favorable in 
heavily Muslim Zanzibar.  Women there and in many parts of the 
mainland face discriminatory restrictions on inheritance and 
ownership of property because of concessions by the Government 
and courts to customary and Islamic law.  While provisions of 
the Marriage Act provide for certain inheritance and property 
rights for women, application of customary, Islamic, or 
statutory law depends on the lifestyle and stated intentions of 
the male head of household.  The courts have thus upheld 
discriminatory inheritance claims, primarily in rural areas.

Violence against women is widespread.  Legal remedies exist but 
in practice are difficult to obtain.  Traditional customs 
subordinating women remain strong in both urban and rural 
areas, and often local magistrates uphold them.  The husband 
has a free hand to treat his wife as he wishes, and 
wife-beating occurs at all levels of society.  Cultural, 
family, and social pressure prevents many women from reporting 
abuses to authorities.  Government officials frequently make 
public statements decrying such abuses, but rarely is action 
taken against perpetrators.  Several nongovernmental 
organizations provide counseling and education programs on 
women's rights issues, particularly sexual harassment and 
molestation.

     Children

Tanzania has ratified the Convention on the Rights of the Child 
and has made a number of constructive efforts to address 
socioeconomic conditions that adversely affect children.  For 
example, the Government has allotted a plot to erect an edifice 
to house street children near Dar es Salaam and has worked 
closely with churches and nongovernmental organizations to 
assess the well-being of orphans and neglected children.  The 
ruling party's National Policy for Children and Young Persons' 
Welfare has exerted continuing pressure for commitment of 
public policy to welfare and advocacy of children's rights.  
However, government funding of programs for children is only 
2.3 percent of government development expenditure, and 
nongovernmental organizations that could support governmental 
efforts to provide services and protection to children are only 
just emerging.

Although officially discouraged by the Government, female 
genital mutilation (circumcision) is still performed at an 
early age in approximately 20 of the country's 130 mainland 
ethnic groups.  Government officials have called for changes in 
customs which adversely affect females, but no legislation has 
been introduced that would specifically restrict the practice 
of female circumcision.  Seminars sponsored by various 
governmental and nongovernmental organizations are regularly 
held in an attempt to educate the public on the dangers of 
these and other traditional practices.  Health authorities 
state the practice is declining, but nongovernmental sources 
maintain it is on the rise, especially in Central Tanzania.

     National/Racial/Ethnic Minorities

The Barabaig people of Central Tanzania have been subject for 
many years to government discrimination.  The Barabaig and 
their attorneys maintain that the Government has illegally 
dispossessed them of their traditional lands in order to 
implement a government-run agricultural project.  A probe team 
established to investigate Barabaig complaints made over 30 
recommendations in May but supported continuation of the 
agricultural project that prompted the conflicts.  The probe 
team confirmed cases of violence against the Barabaig and noted 
that several cases were still pending in court.

The Asian community has declined by 50 percent in the past 
decade to about 44,000.  The Asians have been regarded with 
considerable antipathy by many African Tanzanians since they 
are a business-oriented minority in a recently Socialist 
society, since they have disproportionate influence in key 
sectors of the economy, and since they have remained culturally 
and economically exclusive.  There are, however, no laws or 
official policies discriminating against them.  As the 
Government places greater emphasis on market-oriented economic 
policies and privatization, concerns regarding Asian economic 
dominance have increased.  This has led to demands for policies 
of "indigenization" to ensure that privatization does not 
increase Asian economic predominance at the expense of the 
African population.  Several Asians were attacked, robbed, and 
injured in Dar es Salaam in April after Democratic Party 
leaders vociferously denounced nonindigenous businessmen during 
a public rally.  There is a similar but smaller Arab community.

     Religious Minorities

As a consequence of colonial and postindependence 
administration, which refused to recognize the traditional 
mosque schools, there are significant disadvantages for the 
Muslim community in educational achievement, prominence in 
civil service and government, and in business success, with 
resulting widespread Muslim resentment of the perceived unfair 
advantages enjoyed by Christians.  Christians, in turn, have 
been critical of what they perceive as undue favoritism 
accorded to Muslims in appointments, jobs, and scholarships by 
the President, who is a Muslim.  Some leaders in both camps 
appear to be playing up imbalances, which reflect past 
historical circumstances rather then deliberate 
discrimination.  In fact, there does not at present appear to 
be any serious problem of discrimination on account of religion 
in access to employment or educational opportunities.  Muslim 
parents, however, especially in rural areas, often do not send 
their daughters to school because of a traditional belief that 
education is unnecessary or even detrimental for women.

     People with Disabilities

Physically disabled individuals are effectively restricted in 
access to education, employment, and provision of other state 
services due to physical barriers, which are not legally 
prohibited, and limited funding for special facilities and 
programs.

Section 6  Worker Rights

     a.  The Right of Association

Workers do not have the right to form or join organizations of 
their own choice.  At the end of 1993, there was still only one 
labor union organization, the Organization of Tanzania Trade 
Unions (OTTU), to which all unionized workers belong.  A 
subgrouping of teachers (Chakiwata) negotiated an arrangement 
to operate independently of OTTU in 1993.  And in November, the 
Tanzania Teacher's Union (known as CWT in Swahili) was 
registered.  This union exists only on paper pending union 
elections in early 1994.

The OTTU is nearing the end of a 3-year restructuring period 
which will culminate in union general elections in 1994.  The 
purpose of the restructuring is to enable union workers to 
elect new leaders who have not been "prequalified" by the 
ruling party and to reshape the organization as an umbrella 
organization presiding over a federation of independent 
unions.  The initial steps taken thus far have been to make the 
OTTU legally separate from the ruling party.  However, the new 
Labor Law which accomplished this also mandated that all union 
labor must be under the OTTU and permits the President of 
Tanzania to disband any member union of the OTTU at his 
discretion.

While the OTTU is no longer considered to be a mass 
organization of the CCM party, it has pledged continued 
affiliation to the CCM, and most of its officials are current 
or former CCM officers.  The OTTU, like its predecessor, 
JUWATA, represents approximately 60 percent of the workers in 
industry and government, but it has little influence on labor 
policy.  Overall, roughly 25 percent of Tanzania's 2 million 
wage earners are organized.  All workers, including those 
classified as "essential" service workers, are permitted to 
join OTTU, but "essential" workers are not permitted to strike.

Workers have the legal right to strike only after complicated 
and protracted mediation and conciliation procedures leading 
ultimately to the Industrial Court.  The Industrial Court 
receives direction from the Minister of Labor and Youth 
Development.  If the OTTU is not satisfied with the decision of 
the Industrial Court, it can then conduct a legal strike.  
These procedures can prolong a dispute for months without 
resolving it.  Pending a resolution, frustrated workers often 
stage impromptu wildcat strikes and walkouts.  Although most 
strikes are in effect illegal (there were no legal strikes in 
1993), there were several wildcat strikes, notably in the 
railway sector, and a number of managers were locked out of 
company premises by workers over labor disputes.  There are no 
laws prohibiting retribution against legal strikers.  However, 
penalties are seldom, if ever, imposed against even illegal 
strikers, and there were no cases of retribution against 
striking workers in 1993.


The OTTU continued JUWATA's policy of limiting its 
international affiliations to regional and pan-African trade 
union organizations.

     b.  The Right to Organize and Bargain Collectively

Collective bargaining is protected by law but limited to the 
private sector.  Wages for employees of the Government and 
state-owned organizations, which account for the bulk of the 
salaried labor force, have routinely been set by the 
Government.  However, the Ministry of Labor established a board 
to review and regulate wage rates which included 
representatives of the Government, trade unions, and employers' 
organizations.

Although the OTTU may negotiate on behalf of most private 
sector employees with the Association of Tanzania Employers, 
collective agreements must be submitted to the Industrial Court 
for approval.  The International Labor Organization (ILO) has 
observed that these provisions are not in conformity with ILO 
Convention 98 on collective bargaining and the right to 
organize.  Tanzania's Security of Employment Act of 1964 
prohibits discriminatory activities by an employer against 
union members.  Employers found guilty of antiunion activities 
are legally required to reinstate workers.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced labor.  However, again in 
1993 the ILO observed that provisions of various Tanzanian laws 
are incompatible with ILO Conventions 29 and 105 on forced 
labor.  Specifically, the Human Resources Deployment Act (1983) 
requires every local government authority to ensure that 
able-bodied persons over 15 years of age not in school engage 
in productive or other lawful employment.  As in previous 
years, police officials rounded up beggars and street people 
and returned them to their home villages.  In some rural areas, 
ordinary villagers are still obligated to work in the village's 
communal garden a set number of days per week.  In one case, 
residents complained that the income from these plots was never 
distributed.


     d.  Minimum Age for Employment of Children

By law, children under the age of 12 are prohibited from 
working, but this provision applies only to the formal wage 
sector in both urban and rural areas and not to children 
working on family farms or herding domestic livestock.  
Children between the ages of 12 and 15 can be employed on a 
daily wage and on a day-to-day basis but must have parental 
permission and return to their residence at night.

The minimum age for entry into work of a contractual nature in 
approved occupations is set at the age of 15.  It is prohibited 
for a child or young person to be employed in any occupation 
that is injurious to health and that is dangerous or that is 
otherwise unsuitable.  Young persons between the ages of 12 and 
15 may be employed in industrial work, but only between the 
hours of 6 a.m. and 6 p.m., with some exceptions allowed.

A 1992 ILO report stated that the problem of child labor in 
Tanzania is widespread and prevalent, with conditions in the 
plantation industry particularly detrimental to children.  
According to the report, the existing legal framework 
regulating the employment of children is not fully adequate and 
does not conform with international standards, nor are the 
enforcement machinery and the Ministry of Labor inspectorate 
equipped to deal with the problem.  Government officials and 
nongovernmental organizations are aware of the growing problem 
but are limited in their responses by lack of resources and 
institutional capacity.

     e.  Acceptable Conditions of Work

There is a legal minimum wage for employment in the formal 
sector.  The OTTU often negotiates higher minimum wages with 
individual employers, depending on the financial status of the 
business.  A worker earning the minimum wage, even when 
supplemented with various benefits such as housing, 
transportation allowances, and food subsidies, may not always 
be able to provide an adequate living for his family, and must 
depend on the extended family or a second or third job.  The 
official minimum wage averages from $7 to $11 (3,500 to 5,000 
Tanzanian shillings) per month, but many workers, especially 
those in the informal sector, are paid less.

There is no standard legal workweek.  However, a 5-day, 40-hour 
workweek is in effect for government workers.  Most private 
employers retain a 6-day, 44- or 48-hour workweek.  In general, 
women may not be employed between 10 p.m. and 6 a.m.  Several 
laws regulate safety in the workplace.  An occupational health 
and safety factory inspection system, set up with the 
assistance of the ILO, is now managed by the Ministry of Labor 
and Youth Development.  Its effectiveness, however, is 
minimal.  OTTU officials have claimed that enforcement of labor 
standards is fairly effective in the formal sector, but no 
verification studies have been performed.  Workers can take an 
employer to court through their OTTU branch if their working 
conditions do not comply with the Ministry of Labor's health 
and environmental standards.  Workers making such complaints 
have not lost their jobs as a result.  Enforcement of labor 
standards is nonexistent in the informal sector.


[end of document]

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