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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.
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