Tanzania: 2nd to 10th Periodic Report, 1992-2006
Concluding ObservationsAdopted at 43rd Ordinary Session, 7 - 22 May 2008, Ezulwini, Swaziland.
RecommendationsIV – Recommendations
The African Commission recommends that the Government of the United Republic of Tanzania should:
27. Work closely with NGOs, civil society organisations, and other human rights actors to ensure the enjoyment of the rights and freedoms enshrined in the African Charter.
28. Immediately abolition corporal punishment as it constitutes a violation of Article 5 of the African Charter.
29. Abolish the death penalty.
30. Amend the Newspaper Act to remove criminal libel from its statute books.
31. Provide the Commission on Human Rights and Good Governance adequate resources (financial, human and material).
32. Take urgent steps to domesticate the African Charter and other international human rights instruments that Tanzania has ratified, in order to give Tanzanians the opportunity to enjoy the full range of rights guaranteed in these treaties.
33. Establish a permanent independent police oversight body.
34. Transform the Tanzania Broadcasting Corporation into a public broadcaster to ensure access to the citizens.
35. Amend the Preventive Detention Act to ensure that the power of preventive detention is vested in the appropriate institution.
36. Speed up the review of the Law of Marriage, and formulate laws to penalise domestic violence and marital rape.
37. Formulate a definition of indigenous peoples that accommodates Tanzania’s circumstances and is consistent with the provisions and principles of the African Charter.
38. Enact a law to criminalise torture and to speed up the ratification of the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
39. Enact and implement legislation on HIV/AIDS, and establish a National AIDS Control Commission.
40. Implement the Robben Island Guidelines (RIG) to enable compliance with Article 5 of the African Charter(a copy of the RIG is attached to these Concluding Observations).
41. Authorise requests from the African Commission to undertake missions to the country.
42. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.
The report comprises of the 2nd to 10th periodic reports. It updates and complements the initial report submitted in July 1991. "The 2nd to the 9th reports could not be submitted due to lack of specific institution and mechanism for coordinating and preparation of the reports. There is currently in place a specific department within the Attorney General's Chambers in the Ministry of Justice and Constitutional affairs, responsible for coordinating human rights reporting."
From the Conclusion:
"The decision to establish the Independent Commission on Human Rights and Good Governance is a move by the Government to address issues pertaining to violations of
Human Rights.... Remarkable achievements have been made on the Human Rights situation in Tanzania since the submission of the first report though there is a lot to be done in order to create an environment that will ensure effective promotion and protection of Human Rights. Claw-back clauses which existed in the Bills of Rights have been removed and replaced by the internationally accepted limitation clauses. However, attitudes about some negative customary practices still exist and will take some time to phase out through education and empowerment. We are optimistic that adherence to human rights will ultimately be attained though in a gradual process."