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Title:  Tanzania Human Rights Practices, 1995   
Author:  U.S. Department of State    
Date:  March 1996    
 
 
 
 
                             TANZANIA 
 
 
The United Republic of Tanzania amended its Constitution in 1992 to 
become a multiparty state.  In October and November, the Republic held 
its first multiparty general elections for President and Parliament in 
more than 30 years.  The ruling party, Chama Cha Mapinduzi (CCM), 
continued to control the Union Government, winning 186 of the 232 seats 
in Parliament.  The CCM presidential candidate, Benjamin Mkapa, won a 
four-way race with 61.8 percent of the vote.  The islands of Zanzibar 
are integrated into the United Republic's governmental and party 
structure, but the Zanzibar Government exercises considerable autonomy.  
The CCM won closely contested elections for the Zanzibar President and 
House of Representatives held in October.  International observers noted 
serious discrepancies during the vote-counting process, calling into 
question the reelection of CCM incumbent Dr. Salmin Amour Juma as 
Zanzibar's President.   
 
The police have primary responsibility for maintaining law and order.  
They are supported by a variety of citizens' anticrime groups and 
patrols known as "Sungusungu."  The police regularly committed human 
rights abuses.   
 
Agriculture provides 85 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 freeing the 
currency exchange rate, have helped stimulate economic growth; however, 
poor fiscal management, and high inflation constrained economic 
progress. 
 
The multiparty presidential and parliamentary elections were an 
important development in the human rights situation.  Although the 
ruling party retained significant advantages, new opposition parties 
were competitive in many races.  However, human rights problems 
persisted, including police beatings and mistreatment of suspects which 
sometimes resulted in death.  Prison conditions remained harsh and life 
threatening.  Arbitrary arrest and prolonged detention continued, and 
the inefficient and corrupt judicial system did not provide expeditious 
and fair trials for many citizens.  There were limitations on freedom of 
the press, freedom of association, and worker rights.  Mob justice 
remained severe and widespread, as did discrimination and violence 
against women.  Some abuse of children continued.  Following a March 31 
change to the Government's longstanding policy of offering asylum, the 
Government refused entry to or forcibly repatriated several hundred 
Rwandan and Burundi refugees. 
 
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 killings.  At the end of 1994, prison 
officials in Bariadi were alleged to have beaten a prisoner to death 
shortly before he was due to be released.  The officials covered up the 
death by telling the family that he had been transferred to another 
prison and did not confirm the man's death for several months afterward.  
No charges were filed in the case.  In September six policemen in Mbeya 
were detained following the death of a suspected criminal in their 
custody.  Credible observers estimate that police are responsible for 
the deaths of as many as 10 prisoners per year.  Most of these deaths 
are the result of police beatings of persons in detention.   
 
There were no developments in the January 1993 police killing of a 
member of the opposition party Civic United Front (CUF) on the island of 
Pemba.  After a lengthy investigation, the policeman who fired the shots 
was charged with murder without intent but remained free.  CUF leaders 
complained that the President and Attorney General of Zanzibar blocked 
the prosecution of the police officer.  At year's end the trial was 
still pending.   
 
Incidents of mob justice against suspected criminals continued to claim 
dozens of lives.  Throughout 1995 suspected thieves were stoned, beaten 
to death, or doused with gasoline and set on fire.  On a single day in 
February, mobs in Dar es Salaam killed four suspected car thieves in two 
separate incidents.  In September a mob in Arusha burned a suspected 
thief to death.  Although police occasionally rescue suspects, 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.  Government authorities condemned these practices, 
but took no active measures to prevent their occurence and rarely 
prosecuted participants.   
 
On September 13, one man was killed in a scuffle between CCM and 
opposition National Convention for Construction and Reform-Maguezi 
(NCCR-Mageuzi) supporters in Singida.  The victim was claimed by both 
parties to be a member, and no one was charged with the crime.  In a 
separate incident in Arumeru in September, a young NCCR supporter died 
in a clash between CCM and NCCR youth gangs.  No one was arrested or 
charged.  Harsh prison conditions led to the deaths of inmates (see 
Section 1.c.). 
 
   b.   Disappearance 
 
There were no reports of politically motivated 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 threatened, mistreated, and 
occasionally beat suspected criminals during and after their 
apprehension and interrogation.  Although government officials usually 
condemned these practices, the Government seldom prosecuted officials 
for such abuses.  The People's Militia Laws, as amended by Parliament in 
1989, bestowed quasi-legal status on the traditional Sungusungu 
neighborhood and village anticrime groups.  In the past, these groups 
had been criticized for using excessive force with criminal suspects. 
 
Prison conditions remained harsh and life threatening.  Government 
officials acknowledged that prisons are overcrowded and living 
conditions are poor.  Prisons were designed to hold 21,000 prisoners, 
but the prison population was estimated at 47,000.  Serious diseases, 
such as dysentery, malaria, and cholera, are common and result in 
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 Procedures Code, amended in 1985, requires that a person 
arrested for a crime, other than a national security charge 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 time 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.  This 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 is 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 1995.  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."   
 
Police continued to make arbitrary arrests, although less frequently 
than in the past.  For example, the 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.  
Those relatives who manage to get their cases before a judge are usually 
set free, only to be immediately rearrested when they leave the 
courtroom.  The Government took no legal action to correct these abuses.  
Police also detained CUF members when they attempted to campaign in 
rural areas. 
 
The editor and the publisher of two newspapers, Shaba and Rafiki, were 
detained on three separate occasions during the year after publishing 
letters critical of the Government.  On one occasion, they were denied 
food and sleep for 2 days and denied access to their lawyer for 5 days 
(see Section 2.a.).   
 
Six Angolans, who had been detained after refusing offers of asylum, 
voluntarily returned to Angola in August. 
 
   e.   Denial of Fair Public Trial 
 
The Constitution provides for an independent judiciary, and the 
judiciary increasingly demonstrated its independence and willingness to 
challenge the Government.  For example, in March the High Court ruled 
against the Attorney General and Ministry of Home Affairs in a high 
profile commercial dispute between two brothers regarding the 
misappropriation of funds.  In the past senior police or government 
officials pressured and sometimes reassigned judges who made unpopular 
rulings; no such incidents occured in 1995.   
 
However, 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.  The majority 
of individuals held in the two major prisons in Dar es Salaam are 
awaiting trial.  Although the Government initiated efforts as early as 
1991 to highlight judicial corruption, it has made little progress in 
correcting the situation.   
 
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 
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. 
 
Criminal trials are open to the public and to the press; courts must 
give reasons on the record for holding secret proceedings.  Criminal 
defendants have the right of appeal.   
 
There were no reports of political prisoners.  In November the 
Government pardoned nine former military officers who were sentenced in 
1985 to life imprisonment following their conviction for plotting the 
overthrow of the Government in 1983.   
 
   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.  In fact, few voters participated in these elections which 
were boycotted by the opposition, and the 10-cell leaders retained 
nearly all of their power and influence. 
 
CCM membership is voluntary and is estimated at 2 to 3 million card 
holders.  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 Procedures 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 police and 
other security services 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 Sungusungu 
continued in some areas and waned in others. 
 
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 criticize the 
Government and ruling party in public forums.  However, the Government 
on occasion attempted to pressure the media and journalists practice 
self-censorship.  
 
The press in Tanzania is, on the whole, lively and outspoken.  There are 
over 50 privately owned newspapers and periodicals some of which are 
owned or influenced by political parties, both CCM and opposition.  The 
Government continued to pressure newspapers to kill or ameliorate 
unfavorable stories throughout the year, and the media continued to 
practice self-censorship because of fear of Government reprisals.  There 
is no official censorship.   
 
In February the Government filed sedition charges against the editor and 
two publishers of the private Swahili daily Majira for an article which 
embarrassed the Government over the purchase of radar equipment.  Legal 
proceedings were continuing at the end of 1995, but Majira continued to 
publish similar articles.  On two separate occasions in May and July, 
the editor and publisher of the biweekly Shaba were detained following 
the publication of letters from unamed army and police officers 
criticizing the Government.  They were charged with violating the 
Official Secrets Act.  In November both men again were detained 
following their publishing in the Rafiki newspaper letters criticizing 
the Government's management of the elections.  The Government 
subsequently banned Rafiki; Shaba continues to publish, and the trial of 
the editor and publisher is still pending (see Section 1.d.).  At year's 
end, a seditious libel case against another newspaper, the Express, had 
not been brought to court and the Express continued to publish.   
 
The Government sought to maintain some control over the private media by 
establishing a code of conduct for journalists and a Media Council.  Led 
by the Tanzanian chapter of the Media Council for Southern Africa and 
the newly formed Association of Journalists and Media Workers, 
journalists forced the Government to agree to a voluntary code of ethics 
and Media Council instead.  At year's end full registration of this 
Media Council was pending government approval.   
 
Generally, the official media--radio, television, and press--largely 
reflect official positions following guidance from the Ministry of 
Information.  Senior officials often write editorials.  Government-
controlled Radio Tanzania, broadcasting in Swahili and English, reaches 
the largest audience throughout most of the mainland.  Private radio and 
television stations broadcast in Dar es Salaam and in a few other urban 
areas.   
 
The private television station Dar es Salaam Television (DTV) was fined 
and threatened with closure for reporting a CUF victory in the election 
for President of Zanzibar (see Section 3) and an erroneous report of the 
death of the Prime Minister.  Staff members of DTV said that they 
believe the fines were retribution for political reporting, and the 
station has stopped reporting controversial news.   
 
Opposition access to the government-owned radio station, which had been 
limited to a single weekly program before the election campaign, 
improved during the 2-month period before the elections, and political 
news was reported in a more balanced manner.  On September 19, the four 
presidential candidates participated in an unprecedented public debate 
on an equal footing.  The debate, which was sponsored by a private 
newspaper, was broadcast over government-owned radio and private 
television.  The CCM had considerable advantages over opposition 
parties, in part because of its own daily Swahili-language newspaper 
(see Section 3). 
 
On Zanzibar, radio and television are controlled by the Government, 
which also practices a restrictive policy with regard to print media.  
Private mainland newspapers are widely available, and residents of 
Zanzibar can receive mainland television.  Government-owned radio and 
television on Zanzibar was biased in favor of the CCM. 
 
Academic freedom exists in theory and largely in practice, particularly 
at the university level.  Academics were increasingly outspoken in their 
criticism of the Government and suggestions for reform.   
 
   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 registered political party. 
 
Political parties must give police 48 hours' advance notice of rallies.  
Police have the authority to deny permission on public safety or 
security grounds, or if the permit seeker belongs to an unregistered 
organization or political party.  Opposition parties were able in most 
cases to hold rallies.  Police were usually present and occasionally 
ordered people to disperse for crowd control.  Police used tear gas a 
few times at opposition political rallies, although it was unclear 
whether it was used to disrupt the rallies or in response to crowd 
provocation.  On Zanzibar the opposition CUF party was not allowed to 
hold rallies throughout the islands until 2 months before the elections.  
Following the elections, in which the ruling CCM party claimed victory, 
local government officials prohibited any assembly of CUF supporters or 
the use of CUF slogans.   
 
In order to ensure public safety, regulations require nonpolitical 
organizations seeking to stage a rally to have the permission of either 
the District or Regional Commissioner.   
 
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 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 in 10 of the country's 25 regions, including 2 regions in 
Zanzibar, 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.  In 1993 Mtikila was charged 
with sedition, breach of the peace, and using abusive language against 
the CCM and the Government following a rally; the charges were dropped 
in November.  Despite his political party's lack of government 
recognition, Mtikila was able to publicize his views through his legally 
registered church and through ongoing lawsuits against the Government.   
 
Under the Societies Ordinance, the Ministry of Home Affairs must approve 
any new association.  Citizens formed several nongovernmental 
organizations (NGO's) 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.  The Government continued to withhold 
registration from a group called Defenders of Human Rights in Tanzania 
(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. 
 
   d.   Freedom of Movement Within the Country, Foreign Travel, 
Immigration, and Repatriation 
 
Short-term domestic travel is not restricted, but citizens must follow 
national employment directives stipulating the nature of employment and 
location of the residence.  The Human Resources Deployment Act of 1983 
requires local governments to ensure that every resident within their 
area of jurisdiction engages in productive and lawful employment.  Those 
not employed are subject to transfer to another area where employment is 
available.  These laws are also used as a pretext for police to solicit 
bribes and intimidate urban residents.  In December 1994, the Dar es 
Salaam City Council rounded up 395 beggars and returned them to their 
home areas.  Many returned to Dar es Salaam within a few weeks.     
 
Passports for foreign travel can be difficult to obtain, mostly due to 
bureaucratic inefficiency; and authorities subject those planning to 
travel or emigrate to close scrutiny.  Citizens who leave the country 
without permission are subject to prosecution upon their return. 
 
Mainlanders are required to show identification to travel to Zanzibar, 
and are not allowed to work or own land on the islands.   
 
Tanzania had maintained a generous open border policy with regard to 
refugees from neighboring countries who sought political asylum.  
However, on March 31, the Government closed its border with Rwanda and 
Burundi following the influx of more than 600,000 refugees from Rwanda 
in 1994.  New refugees continued to attempt to enter Tanzania, and 
several hundred were forcibly returned to both Rwanda and Burundi.  
Soldiers, deployed along the border to keep the refugees out, looted and 
physically abused refugees they forced back across the border.  On 
August 17, soldiers entered the Kitali Hill refugee camp and rounded up 
approximately 400 refugees from the camp's reception center and forced 
149 of them across the border into Burundi. 
 
Section 3   Respect for Political Rights:  The Right of Citizens to 
Change Their Government 
 
For the first time in more than 30 years, Tanzanians exercised their 
right to change their government through national elections for 
president and parliament which were held between October 29 and November 
19.  A multiparty political system had been in place since 1992.  The 
CCM retained control of the presidency and Parliament, winning 186 out 
of 232 parliamentary seats and 61.8 percent of the presidential vote on 
the mainland.  The CCM retained huge advantages over opposition parties 
in membership and access to resources including its own daily Swahili-
language newspaper (see Section 2.a.).  The Government also employed 
tactics to restrict or delay activities of opposition parties during the 
campaign.  Despite these problems, opposition candidates made credible 
challenges in many districts and for president.  Voting was completed 
without violence or major disruption, although two people were killed in 
incidents that may have been campaign related. 
 
After widespread problems with the distribution of ballots on election 
day, the Government nullified the elections in seven Dar es Salaam 
constituencies and held new elections in these constituencies on 
November 19.  Opposition parties demanded that the elections be 
nullified nationwide and boycotted the rerun elections in Dar Es Salaam.  
Most international and local observers, while noting the problems with 
the distribution of ballots, expressed overall satisfaction with the 
conduct of the elections.   
 
The Constitution of Zanzibar allows citizens the right to change 
peacefully their government; however, observers raised serious doubts 
about the accuracy of the outcome of the presidential election on 
Zanzibar.  This contest between CCM incumbent Dr. Salim Amour Juma and 
Seif Sharif Hamad of the opposition CUF was particularly close and 
contentious.  CCM intimidated and harassed the opposition, and did not 
allow opposition rallies until 2 months prior to elections.  Government-
owned radio and television on Zanzibar were biased in favor of CCM (see 
Section 2.a.).  Also, voter registration was limited to individuals who 
had maintained the same residence for 5 years, which disenfranchised 
many voters.  CUF members were also detained by police when they 
attempted to campaign in rural areas.   

On election day, voting was completed without significant problems.  
However, after the election, observers were denied access to the 
tabulation of votes from the polling stations.  After 4 days, the 
Zanzibar Electoral Commission (ZEC), appointed by the Amour government, 
announced that Amour had defeated Hamad by 1,565 votes out of a total of 
328,977.  Totals tabulated by CUF showed a similarly narrow victory for 
Hamad.  After efforts by the international community to reconcile 
discrepancies in the vote counting, observers concluded that the 
official results may have been inaccurate.  Although these discrepancies 
were brought to the attention of Union President Mwinyi, he took no 
action before Dr. Amour was inaugurated as President of Zanzibar for a 
new 5-year term.   
 
Following the announcement of the CCM victory, there were credible 
reports that government security forces and CCM gangs harassed and 
intimidated CUF members on both of the two main Zanzibar islands, Pemba 
and Ugunja.  Because CUF won all 20 Zanzibar seats in Pemba, Pembans 
living on Ugunja were regarded as CUF supporters and as a result were 
harassed.  CUF members accused police of detaining dozens of its members 
including several local leaders.  Some CUF supporters on Ugunja felt 
threatened and reportedly moved their families to Pemba or the mainland.   
 
There are no restrictions in law on the participation of women in 
politics and government.  However, in practice few women are politically 
active.  Eight of 232 elected members of the Union Parliament are women.  
An additional 37 women from both the CCM and opposition parties were 
appointed to Parliament to seats reserved for women.  Three of the 
Cabinet's 23 ministers are women.   
 
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, such as the 
Defenders of Human Rights in Tanzania, complained that the Ministry of 
Home Affairs continued to delay action on their application (see Section 
2.b.). 
 
Government officials have said that visits by international human rights 
groups would be welcome, including those for the purposes of visiting 
prisons. 
 
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 
 
Violence against women remained widespread.  Legal remedies exist, but 
in practice are difficult to obtain.  Traditional customs subordinating 
women remained strong in both urban and rural areas, and often local 
magistrates upheld such practices.  It is accepted for a husband to 
treat his wife as he wishes, and wife beating occurs at all levels of 
society.  Cultural, family, and social pressure prevent many women from 
reporting abuses to authorities.  Government officials frequently make 
public statements decrying such abuses, but rarely take action against 
perpetrators. 
 
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 and 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 the age of 21 who become pregnant 
are subject to 2 years' imprisonment.   
 
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 remained 
minuscule.  The Government 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. 
 
Female genital mutilation (FGM) is widely condemned by international 
health experts as damaging to both physical and psychological health.  
Although the Government officially discourages FGM, it is still 
performed at an early age in approximately 20 of the country's 130 main 
ethnic groups.  Government officials have called for changes in customs 
which adversely affect women, but no legislation has been introduced 
which would specifically restrict the practice of female circumcision.  
However, some local government officials began to combat the practice.  
On July 11, parents near Dodoma were fined by local government officials 
after their daughters went to a local health center with excessive 
bleeding following 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 believe the practice is 
declining, but other sources maintain it is on the rise, especially in 
central Tanzania. 
 
   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 
to special facilities and programs. 
 
   Religious Minorities 
 
The Muslim community claims to be disadvantaged in terms of its 
representation in the civil service and government and in state-owned 
business, in part because both colonial and past post-independence 
administrations refused to recognize the credentials of 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 former President 
Mwinyi, who is a Muslim.  Some leaders in both camps appear to be 
playing up religious tensions.  In fact, there does not at present 
appear to be any serious problem of discrimination due to religion in 
access to employment or educational opportunities. 
 
   National/Racial/Ethnic Minorities 
 
In the past, the Government discriminated against the Barabaig and other 
nomadic people in northern Tanzania.  These ethnic groups continued to 
complain of government discrimination, because of efforts to make them 
adopt a more modern lifestyle and to restrict their access to land that 
was turned into large government wheat farms.  In August and September, 
an estimated 20 people were killed in Ngorongoro district in ethnic 
clashes between Maasai and Sonjo tribesmen.  The Government deployed 
riot police to the area to quell the disturbances. 
 
The Asian community has declined by 50 percent in the past decade to 
about 50,000, a result of considerable antipathy by many African 
Tanzanians.  There are, however, no laws or official policies which 
discriminate 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. 
 
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 trade union 
organization in Tanzania.  In August the OTTU Congress adopted a new 
constitution and renamed itself the Tanzania Federation of Trade Unions 
(TFTU) which, pending government ratification, is to be made up of 11 
independent trade unions.  The new constitution provides for the 
President to retain the power to disband TFTU unions, although union 
leaders began efforts to delete the provision.  The individual unions 
will have the right to leave the TFTU and to collect their own dues, 5 
percent of which will be contributed to the federation.  The OTTU 
leadership assumed the leadership positions of the TFTU.  Only 1 of the 
11 new independent unions, the Tanzanian Teachers Union, is presently 
fully registered.  The OTTU represented 60 percent of workers in 
industry and government, but it had 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 unions, but essential workers are 
not permitted to strike. 
 
There are no laws prohibiting retribution against legal strikers.  
However, 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 by months without resolving it. 
 
Pending a resolution, frustrated workers have staged impromptu, illegal, 
wildcat strikes and walkouts.   
 
The OTTU limited its international affiliation to regional and pan 
Africanist trade union organizations.  The TFTU has joined the 
International Confederation of Free Trade Unions. 
 
   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 of the bulk of the salaried labor force, 
are administratively set by the Government. 
 
Although the OTTU negotiated on behalf of most private sector employees 
with the Association of Tanzanian 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, but three 
new EPZ's on Zanzibar.  Work conditions in the EPZ's are comparable to 
those in other Tanzanian work places.  Labor law protections apply to 
EPZ workers.   
 
   c.   Prohibition of Forced or Compulsory Labor 
 
The Constitution prohibits forced labor.  However, as in the past, the 
ILO observed that provisions of various laws are incompatible with ILO 
Conventions 29 and l05 on forced labor.  Specifically, the Human 
Resources Deployment Act of 1983 requires that every local government 
authority 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 gardens or small construction projects such as repairing roads. 
 
   d.   Minimum Age for Employment of Children 
 
By law, children under the age of 12 years are prohibited from working 
in the formal wage sector in both urban and rural areas.  However, this 
provision does not apply to children working on family farms or herding 
domestic livestock.   
 
Children between the ages of 12 and 15 can be employed for daily wage 
and on a day-to-day basis, but must have parental permission and return 
to the residence of their guardian at night. 
 
The minimum age for entry into work of a contractual nature in approved 
occupations is set at 15 years.  The law prohibits a young person from 
employment in any occupation which is injurious to health or which 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.  The Ministry of Labor and Youth 
Development is responsible for enforcement.  The effectiveness of 
government enforcement has reportedly declined with increased 
privatization.  Approximately 3,000 to 5,000 children engage in seasonal 
employment on sisal, tea, tobacco, and coffee plantations.  Work on 
sisal plantations is particularly hazardous and detrimental to children.  
On one sisal plantation, children made up 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 protective 
clothing, and lacked adequate nourishment and lodging.  Another 1,500 to 
3,000 children work in unregulated gemstone mines.  In the informal 
sector, children assist their parents in unregulated piece work 
manufacturing.  In the last decade, the percentage of children enrolled 
in primary school has dropped from over 80 percent to less than 60 
percent. 
 
   e.   Acceptable Conditions of Work 
 
There is a legal minimum wage for employment in the formal sector.  The 
OTTU often negotiated higher minimum wages with individual employers, 
depending on the financial status of the business.  The legal minimum 
wage is $30 (17,500 Tanzanian shillings) per month.  Even when 
supplemented with various benefits such as housing, transport 
allowances, and food subsidies, the minimum rate may not always be 
sufficient to provide an adequate living for a worker and family, and 
workers must depend on the extended family or a second or third job.  
Despite the minimum wage, many workers, especially 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- to 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 
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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