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TITLE:  TANZANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995









                            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 Ali 
Hassan Mwinyi was reelected to a final 5-year term as President 
of the Republic in October 1990.  The Government sets and 
implements fundamental political policies, including steps 
toward the 1995 national multiparty elections.  The islands of 
Zanzibar are integrated into the United Republic's governmental 
and party structure, but the Zanzibar Government exercises 
considerable autonomy.  The structure of the union continued to 
be the subject of debate.

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 regularly mistreat and occasionally 
beat suspects during arrests and interrogations.  The citizens' 
anticrime groups have also used excessive force at times 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 small.  Economic reforms undertaken 
since 1986, including liberalization of agricultural policy, 
the privatization of state-owned enterprises, rescheduling of 
foreign debt payments, and the freeing of the currency exchange 
rate, have helped stimulate economic growth--estimated between 
4 and 4.5 percent in 1994--for the eighth straight year.

There was little change in the human rights situation, and the 
Government and the CCM continued to restrict civil rights as 
they attempted to control the pace and direction of political 
change.  In the process, the Government restricted freedom of 
the press, interfered with the right of peaceful assembly, and 
continued to infringe on citizens' rights of privacy and free 
movement.  In December the Court of Appeal upheld an 
unprecedented High Court ruling nullifying a CCM by-election 
victory.  The judicial system does not provide expeditious 
justice and fair trial for many citizens.  The police continued 
to detain, abuse, and mistreat suspects arbitrarily, but the 
Government rarely prosecutes offenders.  Prison conditions are 
harsh and life-threatening.  Mob justice and discrimination and 
violence against women remained severe and widespread, and the 
Government did not usually prosecute offenders.  Some abuse of 
children continued.

RESPECT FOR HUMAN RIGHTS

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

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial 
killings.  There was no resolution of an extrajudicial killing 
from the previous year.  On January 31, 1993, following a 
confrontation on the island of Pemba over the removal of 
opposition party flags of the Civic United Front (CUF), a local 
policeman shot and killed one party member and injured 
another.  After a lengthy investigation, the policeman who 
fired the shots was charged with murder without intent, but 
remained free.  Opposition leaders complained that there was no 
progress towards an actual trial.  The case was still pending 
at the end of 1994.

In August, in a 10-day wave of "mob justice" in Dar es Salaam, 
mobs killed at least seven people, including by dousing 
suspected criminals with gasoline and setting them on fire.  
Government officials said that mob justice had killed 433 
persons nationwide since 1992.  The press highlighted those 
cases in which victims have been rescued by the police.  
Although government officials have condemned the practice, 
there are no reports of individuals being arrested or 
prosecuted for engaging in mob justice.

The widespread belief in witchcraft has led, in some instances, 
to killing of alleged witches by their "victims," aggrieved 
relatives, or mobs.  For example, in March alleged witches were 
brutally murdered in Rungwe district.  While government 
authorities attempt to discourage such practices, they rarely 
prosecute participants.

     b.  Disappearance

There were no reports of disappearances.

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

The Constitution prohibits the use of torture and inhuman or 
degrading treatment, but the police regularly threaten and 
mistreat and occasionally beat suspected criminals during and 
after their apprehension and interrogation.  Although 
government officials condemn these practices whenever such 
cases become public, the Government seldom prosecutes officials 
for such abuses.

The People's Militia Laws, as amended by Parliament in 1989, 
bestow quasi-legal status on the traditional "Sungusungu" and 
"Wasalama" neighborhood and village anticrime groups.

Government officials acknowledge that prisons are overcrowded 
and that living conditions are poor.  Serious diseases such as 
dysentery, malaria, and cholera are common and result in 
deaths.  The Government does not release statistics regarding 
the number of prisoners or the number of deaths.  Convicted 
prisoners are not allowed to receive food from the outside and 
are often moved to different prisons without notification to 
their families.  Pretrial detainees are held together with 
those serving sentences but are allowed to receive food from 
the outside.  There is no outside monitoring of prison 
conditions.

     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.  However, in practice, the police 
often fail to do so.  The 1985 amendments also restricted the 
right to bail and imposed strict conditions on freedom of 
movement and association when bail is granted.  Because of 
backlogs, an average case still takes 2 to 3 years or longer to 
come to trial, during which pretrial detainees remain 
incarcerated under poor conditions.  The Code provides for a 
right to defense counsel.  The Chief Justice assigns lawyers to 
indigent defendants charged with serious crimes such as murder, 
manslaughter, and armed robbery.  There are only a few hundred 
practicing lawyers in Tanzania, and most indigent defendants 
charged with lesser crimes do not have legal counsel.

Under the Preventive Detention Act, the President may order the 
arrest and indefinite detention without bail of any person 
considered dangerous to the public order or national security.  
The Act was also 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.  The Preventive 
Detention Act was not used in 1994.

The Government has additional broad detention powers under the 
Regions and Regional Commissioners Act and the Area 
Commissioner Act of 1962.  These Acts permit regional and 
district commissioners to arrest and detain for 48 hours 
persons who may "disturb public tranquility."

Police continued to make arbitrary arrests, although less 
frequently than in the past.  For example, police occasionally 
arrest 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 
Government has not taken any action to correct these abuses.

In 1993 the police arrested Christopher Mtikila, the leader of 
the unregistered Democratic Party, and charged him with using 
threatening language against the President.  The authorities 
dropped this specific charge on a technicality in March, but 
only after detaining him for 2 days in February to keep him 
from traveling to Kigoma, where a parliamentary by-election was 
being held (see Section 2.d.).  Mtikila complained that the 
police used other continuing legal proceedings against him as a 
pretext to inhibit his travel around Tanzania and to harass 
him.  While members of opposition parties have been harassed by 
government officials, particularly on Zanzibar, none was 
detained under the Preventive Detention Act during the year.

Six Angolans who entered Tanzania in July 1993 refused offers 
of political asylum.  Therefore, they were classified as 
illegal aliens, arrested in December 1993, and held in prison 
at year's end.

     e.  Denial of Fair Public Trial

Weaknesses in the judicial system and government interference 
deny expeditious and fair justice to many citizens.

The legal system is based on the British model, with 
modifications to accommodate customary and Islamic law in civil 
cases.  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.  
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.

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 
Tanzanian Court of Appeal.

While the judiciary is constitutionally mandated to operate 
independently from the executive branch, the Government 
sometimes influences cases.  For example, judges who render 
decisions unpopular with senior police or government officials 
have been pressured or transferred and reassigned.  In July a 
judge with a good record of supporting human rights withdrew 
himself from hearing a suit brought by Mtikila after the 
Government alleged that he lacked impartiality (see Section 
1.d.).  Government officials sometimes ignore judicial 
rulings.  However, the judiciary asserted a measure of 
independence when the High Court ruled in favor of an 
opposition candidate, declaring the results of a parliamentary 
by-election in Kigoma null and void.  The Court of Appeal 
upheld this ruling in December, but the National Electoral 
Commission announced that no new by-election would be held 
before the general elections in October 1995.

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

There were no known political prisoners.

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

The State continued to interfere with these rights, which are 
generally provided for in the Constitution.  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 serve 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 elections were held for new grassroots leaders to replace 
the CCM 10-cell leaders in nonparty business.  Because the 
Government reversed its position and subsequently held the 
elections on a party basis, most of the opposition parties 
boycotted the elections.  In fact, few voters participated in 
these elections, and the former CCM 10-cell leaders retained 
nearly all of their power and influence.

CCM membership is voluntary and is estimated at approximately 2 
to 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 waning.

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 person 
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.  The security 
services reportedly monitor telephones and correspondence of 
some citizens and selected foreign residents.

Compulsory participation in local anticrime groups known as 
"Wasalama" and "Sungusungu" continued in some areas.  
Historically, these groups have operated only in rural areas to 
combat cattle rustling and other criminal activity; however, 
government ministers continued to promote them vigorously in 
urban areas to combat crime.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and the press.  
Opposition political party members and others openly criticized 
the Government and ruling party in public forums.  Generally, 
the official media--radio, television, and press--largely 
reflect official positions, following guidance from the 
Ministry of Information.  Editorials are often written by 
senior officials.  Government-controlled Radio Tanzania, 
broadcasting in Swahili and English, is the medium through 
which most citizens receive their information.  Radio has been 
slower than the print media to reflect a diversity of views.

In the past year, the trend towards press liberalization and 
openness continued.  Media competition forced official 
newspapers to include more stories critical of the Government, 
as private newspapers increased both in numbers and frequency 
of publication.  However, while there is no official 
censorship, public media often practiced self-censorship  
themselves due to fear of government reprisals.

The Government employed various methods to restrict what it 
considered objectionable voices in the independent press.  In 
January the Government closed the Swahili paper Baraza for 1 
month, nominally on technical grounds related to its license, 
but more likely for an article accusing a senior government 
official of involvement in the death of a Muslim cleric.  The 
Government charged publishers and editors of the Express with 
seditious libel in March for an editorial that compared the 
Government to a garbage heap.  At year's end, this case had not 
been decided in court, and the Express continued to publish.  
However, in May the Express and its Swahili affiliate Mwananchi 
announced that the two newspapers had been denied permission to 
begin printing daily.  Opposition political leaders charge that 
the Zanzibar Government is much more restrictive than the union 
Government in limiting the publication of private newspapers.

Fair coverage of the political opposition, as well as direct 
access, are issues of continuing concern as Tanzania approaches 
national multiparty elections in October 1995.  In August the 
High Court nullified the results of the February parliamentary 
by-election in Kigoma, based in part on allegations that Radio 
Tanzania improperly favored the ruling party in its election 
reporting.  Despite this ruling, opposition parties continued 
to receive little official coverage and are limited to one 
45-minute radio broadcast each week, which is repeated the 
following day.  Two private television stations and two private 
radio stations began broadcasting in Dar es Salaam but featured 
only nonpolitical programming.

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.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for the freedom of peaceful assembly 
and association, and citizens generally enjoyed the right to 
discuss freely political alternatives.  However, the 
Constitution and other legal acts limit these rights and 
stipulate that citizens cannot run for public office unless 
they are members of a political party.

Until a judicial reversal in October, the Government required 
permits from district commissioners for any public meeting, 
except for political party rallies during official election 
campaign periods.  At times district commissioners issued 
permits too late for opposition parties to publicize their 
rallies, or the permits were too restrictive in terms of times 
or locations.  In July the police used tear gas to break up an 
unauthorized march to the National Assembly in Dar es Salaam 
following a legal rally by opposition parties, and they 
required opposition party members to report for questioning.  
In August police issued a permit to the opposition party 
Chadema (Party of Democracy and Development) for a rally in 
Kigoma but warned that they would immediately break up the 
rally if speakers used "abusive" or "insulting" language.  In 
Arusha the district commissioner issued a permit for an 
opposition party to hold a rally but then insisted that another 
permit was needed in order for the party to publicize the 
rally.  Rally organizers complained that the ensuing delay 
sharply reduced attendance at the rally.  The authorities also 
explicitly denied some requests for rally permits.  For 
example, in April the district commissioner in Zanzibar 
prohibited the opposition party CUF from holding a rally 2 days 
before a national holiday, while the CCM was allowed to hold a 
rally on the same day.

In a major landmark ruling in October, a High Court judge 
determined that permits from district officials were no longer 
needed for public meetings.  However, in December Parliament 
diluted this ruling by passing a legal amendment requiring 
registered political parties to obtain police approval for 
political rallies.  Police were given the authority to deny 
permission on public safety or security grounds or if the 
permit seeker belonged to an unregistered party.  At the end of 
1994, the rally permit issue was confused, with permits being 
issued inconsistently and in a few cases being denied 
outright.  On Zanzibar, officials announced that the mainland's 
High Court decision did not apply to Zanzibar, and permit 
requirements did not change.

In July police arrested 35 Muslims at a mosque in Morogoro 
after a May presidential announcement prohibiting rallies that 
slandered other religions.

The registrar of political parties has sole authority to 
approve or deny the registration of any political party and is 
responsible for enforcing strict regulations on registered or 
provisionally registered parties.  The electoral law prohibits 
independent candidates, requires all standing Members of 
Parliament to resign if they join another political party, 
requires all political parties to support the union with 
Zanzibar, and forbids 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 on 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 dissolution of 
the union and the expulsion of minorities from the mainland.  
Despite his political party's lack of government recognition, 
Mtikila was able to publicize his views through his legally 
registered church and through a lawsuit against the Government 
challenging the appointment of Zanzibaris to the union 
Government.

Under the Societies Ordinance, the Ministry of Home Affairs 
must approve any new association.  Several nongovernmental 
organizations (NGO's) formed in the last few years to address 
the concerns of families, the disabled, women and children.  A 
number of professional, business, legal, and medical 
associations exist, but they have only begun to address 
political topics.  Leaders of a new human rights group, called 
Defenders of Human Rights in Tanzania, complained that the 
Government refused to act on their application to register (see 
Section 4).  Opposition leaders complain that the Zanzibar 
Government is even more restrictive in registering societies 
than the union Government.

     c.  Freedom of Religion

The Constitution provides for freedom of religion, and the 
Government generally respects this right in practice, subject 
to measures it claims are necessary to ensure public order and 
safety.  Missionaries are allowed to enter the country freely 
to proselytize, and citizens are allowed to go abroad for 
pilgrimages and other religious practices.

Although freedom of worship is not infringed, there continued 
to be evidence of religious tension between Muslims and 
Christians, including the arrest of 35 Muslims at a mosque in 
Morogoro after a May presidential announcement prohibiting 
rallies that slandered other religions (see Sections 2.b. and 
5).  Some government officials have spoken out against 
religious intolerance, and the Government has banned meetings 
in which religious leaders attack other faiths.  Except for the 
Morogoro incident, however, the ban has not been enforced.  In 
December a local court sentenced 16 Muslim fundamentalists who 
had been charged in the rioting and destruction of several pork 
butcheries in Dar es Salaam in April 1993.  The court acquitted 
4 of the defendants and sentenced the remaining 12 to 4 years' 
imprisonment.  One of the Muslim leaders who had been charged 
with instigating the violence and later with sedition, Sheikh 
Kassim Jumaa Khamis, died in January 1994.

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

Short-term domestic travel is not restricted, but citizens must 
follow national employment directives stipulating the nature of 
employment and the 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 employed are 
subject to transfer to another area where employment is 
available.  In December the Dar es Salaam City Council rounded 
up 395 beggars and returned them to their home areas at 
government expense.  Some vowed to return.  These laws are also 
used as a pretext for police to solicit bribes and intimidate 
urban residents.

Leaders of the opposition party CUF complained that the 
Zanzibar government harassed them whenever they attempted to 
visit their party offices outside of Zanzibar town.  Zanzibar 
regional government leaders have also interfered with CUF 
attempts to visit Pemba island, considered by CUF as its 
stronghold.  In February Democratic Party leader Mtikila was 
briefly detained by the police as he was about to begin travel 
to the site of an impending parliamentary by-election in 
Kigoma.  Although he was soon released and no charges were 
filed, the Government move was likely intended to prevent 
Mtikila from speaking in Kigoma against the ruling party and 
its candidate, a businessman of Asian origin.

In August the union Government announced that agreement had 
been reached with the government of Zanzibar to do away with 
the longstanding requirement that mainlanders present passports 
to travel to Zanzibar and Pemba.  However, at year's end 
Zanzibar immigration officials continued to require mainlanders 
to present passports pending implementing legislation.  
Mainlanders are able to obtain special travel documents valid 
only for travel to Zanzibar and Pemba at no cost but are not 
allowed to own land or work in the islands.

Passports for foreign travel can be difficult to obtain, mostly 
due to bureaucratic inefficiency, and authorities subject those 
planning to travel or emigrate to intense scrutiny.  Citizens 
who leave the country without permission are subject to 
prosecution upon their return.

Tanzania has a liberal policy toward refugees and admitted some 
300,000 refugees from Burundi in late 1993 and nearly 600,000 
refugees from Rwanda in 1994.  While the majority of Burundian 
refugees repatriated in early 1994, Tanzania continued to host 
at year's end over 600,000 refugees, at considerable cost to 
the local environment and people.  The United Nations and NGO's 
provide assistance to the refugees.  Although Tanzania has made 
efforts, with the support of the United Nations High 
Commissioner for Refugees (UNHCR), to improve security in the 
refugee camps, security concerns persist due to the nature of 
the refugee population and inadequate police resources.  The 
Tanzanian police have been unable to ensure the security of 
Rwandan refugees who wish to return to Rwanda, and crime in the 
camps, including rapes and killings of alleged "witches," has 
increased along with the population.  Leaders associated with 
the former government of Rwanda have threatened or intimidated 
refugees in the camps.  An unknown number of Rwandans and at 
least three Tanzanians have been killed in the Rwandan refugee 
camps located inside Tanzania.  Approximately 30 Tanzanians 
have been killed in other violence associated with the influx 
of Rwandan refugees.  The Government would like the Rwandan 
refugees to return home and has suggested that a safe haven 
should be created for them inside Rwanda.  However, the 
Government kept its borders open to new refugees and did not 
engage in any forced repatriation in 1994.

In 1994 the Government reversed its policy and granted 
political asylum to citizens of Kenya who formerly had been 
denied refugee status in Tanzania.  Refugees in Dar es Salaam 
are sometimes threatened with the loss of refugee status and 
assistance unless they agree to move to refugee camps in rural 
areas, although there were no such cases in 1994.

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 national elections 
in 1995, party elites within the Chama Cha Mapinduzi Party 
(CCM) continued to exercise effective control of the 
Government.  In 1994 the CCM won all four parliamentary 
by-elections in which most of Tanzania's political parties 
participated.  Although the elections were considered 
technically free, the governing party's monopoly of the radio, 
its use of government funds and other resources, and the 
Government's legal authority to grant rally permits outside of 
campaign periods, effectively denied the opposition a fair 
opportunity to present their case to the voters.  However, in 
Kigoma a judge overruled the results of the February 
by-election because of irregularities in election proceedings.

The political parties also participated in the mainland's local 
government polls held on October 30.  CCM won 97 percent of the 
local government seats for which results were available at the 
end of 1994.  Following the Kigoma by-election decision, Radio 
Tanzania dropped blatant campaigning for CCM candidates, and 
the Government prohibited CCM candidates and their supporters 
from using government vehicles and congregating at government 
buildings.  The opposition largely experienced no problems in 
holding its rallies.  However, opposition parties charged that 
some CCM officials threatened voters with denial of services 
and other retributions if they voted for the opposition.

A group of mainland parliamentarians persisted in challenging 
their party's longstanding policy on the union's framework and 
criticized Zanzibar's disproportionate representation and 
influence in state institutions by introducing a motion to 
create a three-government system with a separate Tanganyika 
government for the mainland.  Ultimately, however, the CCM 
leadership succeeded in reestablishing party discipline and in 
August declared party debate on the union issue closed.  The 
Tanganyika government motion was defeated shortly thereafter.

There are no restrictions in law on the participation of women 
in politics and government.  However, in practice few women are 
politically active, largely due to cultural impediments and 
traditional societal roles for women (see Section 5).  Women 
hold 27 of 248 seats in the National Assembly and 4 of 25 
cabinet positions.

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

The Government has obstructed the formation of local human 
rights groups.  Persons seeking to register human rights NGO's, 
like the newly created Defenders of Human Rights in Tanzania, 
complained that the Ministry of Home Affairs continued to delay 
action on their applications.

While there were no visits by international human rights 
organizations, a leading cabinet minister said the Government 
would have no objection to such visits, including those for the 
purpose of visiting prisons.

Although the Government announced in 1993 plans to hold 
tribunals and conferences throughout the country on human 
rights abuses, focusing specifically on abuses against women 
and children, it did not hold any such conferences in 1994.

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

Although the Government advocates equal rights for women in the 
workplace, it does not ensure these rights in practice.  In the 
public sector, which employs 80 percent of the salaried labor 
force, certain statutes restrict women's access to some jobs or 
hours of employment.  While progress on women's rights has been 
more noticeable in urban areas, strong traditional norms still 
divide labor along gender lines and place women in a 
subordinate position.  Discrimination against women is most 
acute in the countryside, where women are relegated to farming 
and raising children, with almost no opportunity for wage 
employment.

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.  
Under Zanzibari law, unmarried women under 21 who become 
pregnant are subject to 2 years' imprisonment, although this 
has not been enforced for several years.

Violence against women is widespread.  Legal remedies exist but 
are not used in practice.  Traditional customs that subordinate 
women remain strong, and local magistrates often 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 take action 
against perpetrators.

Several NGO's provide counseling and education programs on 
women's rights issues, particularly sexual harassment and 
molestation.

     Children

Government funding of programs for children's welfare remains 
miniscule, at only 2.3 percent of government development 
expenditure.  The Government has made some constructive efforts 
to address children's welfare, including working closely with 
churches and NGO's to assess the well-being of orphans and 
neglected children.

Although the Government officially discourages female genital 
mutilation (FGM), it is still performed at an early age in 
approximately 20 of the country's 130 main ethnic groups.  
International health experts state that FGM is damaging to both 
the physical and psychological health of girls.  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 FGM.  Seminars 
sponsored by various governmental and nongovernmental 
organizations are regularly held to attempt to educate the 
public on the dangers of these and other traditional 
practices.  Health authorities state the practice of FGM is 
declining, but other sources maintain that it is on the rise, 
especially in central Tanzania.

     National/Racial/Ethnic Minorities

The Government has discriminated against the Barabaig people of 
central Tanzania for many years.  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.  In 1994 the 
Barabaig registered an NGO to press for redress of past 
discrimination and to preserve their culture.

The Asian community has declined by 50 percent in the past 
decade to about 44,000 as a result of considerable antipathy by 
many African Tanzanians.  There are, however, no laws or 
official policies discriminating against them.  As the 
Government places greater emphasis on market-oriented policies 
and privatization, public concern regarding the Asian 
community's economic role has increased.  This has led to 
demands for policies of "indigenization" to ensure that 
privatization does not increase the Asian community's economic 
predominance at the expense of the country's African population.

     Religious Minorities

The Muslim community claims to be disadvantaged in terms of its 
representation in the civil service and government and in 
state-owned businesses, in part because both colonial and past 
postindependence administrations refused to recognize the 
credentials of the traditional Muslim schools.  As a result, 
there is widespread Muslim resentment of the perceived 
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 play up religious tensions (see Sections 2.b. and 
2.c.).  In fact, there does not at present appear to be 
discrimination based on religion in access to employment or 
educational opportunities.

     People with Disabilities

The Government does not mandate access to public buildings, 
transportation, or government services for people with 
disabilities.  Although there is no official discrimination 
against the disabled, in practice the physically disabled are 
effectively restricted in their access to education, 
employment, and provision of other state services due to 
physical barriers.  The Government provides only limited 
funding for special facilities and programs.

Section 6  Worker Rights

     a.  The Right of Association

Both the Constitution and the 1955 Trade Union Ordinance refer 
to the right of association of workers.  Nevertheless, workers 
do not have the right to form or join organizations of their 
own choice.  The Organization of Tanzania Trade Unions (OTTU) 
Act of 1991 addresses all labor union issues, and the OTTU is 
effectively the only labor union organization in Tanzania.  In 
November 1993, the Government registered the Tanzania Teachers' 
Union (TTU), and the TTU elected its own leaders in May.  The 
TTU, however, remained closely affiliated with the OTTU, and 
member dues deducted from salaries continued to go directly to 
OTTU.

In 1994, the OTTU continued a 3-year restructuring program 
which is intended to enable union workers to elect new leaders 
who have not been "prequalified" by the ruling party and to 
reshape the OTTU as an organization presiding over a federation 
of independent unions.  However, the Labor Law still requires 
all union labor to be under the OTTU and permits the President 
of Tanzania to disband any member union of OTTU at his 
discretion.  OTTU general elections under the restructuring 
program are expected by July 1995.

The OTTU, like its predecessor, the Association of Workers of 
Tanzania (JUWATA), represents about 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 the 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, which 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, 
illegal wildcat strikes and walkouts, and there were many such 
strikes in 1994.  In March, for example, the OTTU called a 
3-day nationwide public-sector strike which the Government 
declared to be illegal, threatening to discharge any workers 
who participated.  Only workers in Mbeya participated to any 
notable extent.  There are no laws prohibiting retribution 
against legal strikers.

The OTTU continued JUWATA's policy of limiting its 
international affiliations to regional and pan-Africanist 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, are administratively 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 negotiates 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 (EPZ's) on the mainland.  
The OTTU reports that two EPZ's opened on Zanzibar in 1994 
using nonunion labor.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced labor.  However, again in 
1994, 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 of 
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.  In some rural areas, 
ordinary villagers are still obligated to work in the village 
communal garden or on small construction projects, such as 
repairing roads.

     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 may be employed on a 
daily wage and on a day-to-day basis but must have parental 
permission and return to their residences at night.

The minimum age for entry into work of a contractual nature in 
approved occupations is set at 15.  The law prohibits a young 
person from employment in any occupation that is dangerous or 
injurious to health.  Those 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.  The Ministry 
of Labor and Youth Development is responsible for enforcement.  
The effectiveness of government enforcement has reportedly 
declined with increased privatization.  According to a 1992 ILO 
report, approximately 12 percent of 10- to 14-year-old children 
who work outside the family are in the wage sector.  Large 
numbers of children work 11-hour days in cotton ginneries and 
on sisal plantations.  On one sisal plantation, children 
composed 30 percent of the work force; only half of the 
children had completed primary school.  They had a high 
incidence of skin and respiratory problems, were not provided 
with protective clothing, and lacked adequate nourishment and 
lodging.

     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 was increased to about $19 (10,000 
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 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 
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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