TANZANIA COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service

3 SEPTEMBER 2010 T ANZANIA 3 SEPTEMBER 2010 Contents

Preface

Paragraphs Background Information

1. GEOGRAPHY ...... 1.01 Zanzibar...... 1.03 Map...... 1.05 2. ECONOMY ...... 2.01 3. HISTORY (FROM INDEPENDENCE TO THE 2005 ELECTIONS)...... 3.01 2005 ELECTIONS ...... 3.03 4. RECENT DEVELOPMENTS ...... 4.01 5. CONSTITUTION ...... 5.01 6. POLITICAL SYSTEM ...... 6.01

Human Rights

7. INTRODUCTION ...... 7.01 8. SECURITY FORCES ...... 8.01 Police...... 8.01 Armed forces...... 8.02 Human rights violations by government forces...... 8.03 Arbitrary arrest and detention...... 8.03 Torture...... 8.04 Extra-judicial killings...... 8.05 Avenues of complaint...... 8.06 9. MILITARY SERVICE ...... 9.01 10. JUDICIARY ...... 10.01 Organisation...... 10.01 Independence...... 10.02 Fair trial...... 10.03 11. ARREST AND DETENTION – LEGAL RIGHTS ...... 11.01 12. PRISON CONDITIONS ...... 12.01 13. DEATH PENALTY ...... 13.01 14. POLITICAL AFFILIATION ...... 14.01 Freedom of political expression...... 14.01 Freedom of association and assembly...... 14.02 Opposition groups and political activists...... 14.04 15. FREEDOM OF SPEECH AND MEDIA ...... 15.01 Restrictions on the print media and journalists...... 15.04 16. HUMAN RIGHTS INSTITUTIONS, ORGANISATIONS AND ACTIVISTS ...... 16.01 17. CORRUPTION ...... 17.01 18. FREEDOM OF RELIGION ...... 18.01 Overview...... 18.01 Religious demography...... 18.02 Restrictions on religious freedom...... 18.03 19. ETHNIC GROUPS ...... 19.01 Languages...... 19.02 20. LESBIAN, GAY, BISEXUAL AND TRANSGENDER PERSONS ...... 20.01 Legal rights...... 20.01 Treatment by, and attitudes of, state authorities...... 20.02 ii The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA Societal treatment and attitudes...... 20.03 21. DISABILITY ...... 21.01 22. WOMEN ...... 22.01 Overview...... 22.01 Legal rights...... 22.04 Political rights...... 22.06 Violence against women...... 22.07 Domestic violence...... 22.07 Rape...... 22.11 23. CHILDREN ...... 23.01 Basic legal information...... 23.01 Legal rights...... 23.02 Violence against children...... 23.03 Female genital mutilation...... 23.04 Education...... 23.06 Health and welfare...... 23.07 24. TRAFFICKING ...... 24.01 Overview...... 24.01 Government efforts to tackle trafficking...... 24.02 Protection...... 24.03 25. MEDICAL ISSUES ...... 25.01 Overview of availability of medical treatment and drugs...... 25.01 HIV/AIDS – anti-retroviral treatment...... 25.02 Cancer treatment...... 25.04 Diabetes treatment...... 25.05 Tuberculosis treatment...... 25.06 Mental health...... 25.07 26. FREEDOM OF MOVEMENT ...... 26.01 27. CITIZENSHIP AND NATIONALITY ...... 27.01

Annexes

Annex A – Chronology of major events Annex B – Political organisations Annex C – List of abbreviations Annex D – References to source material

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. iii 3 SEPTEMBER 2010 T ANZANIA Preface i This Country of Origin Information (COI) Report has been produced by the COI Service, United Kingdom Border Agency (UKBA), for use by officials involved in the asylum/human rights determination process. The Report provides general background information about the issues most commonly raised in asylum/human rights claims made in the United Kingdom. The main body of the report includes information available up to 27 August 2010. The report was issued on 3 September 2010. ii The Report is compiled wholly from material produced by a wide range of recognised external information sources and does not contain any UKBA opinion or policy. All information in the Report is attributed, throughout the text, to the original source material, which is made available to those working in the asylum/human rights determination process. iii The Report aims to provide a compilation of extracts from the source material identified, focusing on the main issues raised in asylum and human rights applications. In some sections where the topics covered arise infrequently in asylum/human rights claims only web links are provided. The Report is not intended to be a detailed or comprehensive survey. For a more detailed account, the relevant source documents should be examined directly. iv The structure and format of the COI Report reflects the way it is used by UKBA decision makers and appeals presenting officers, who require quick electronic access to information on specific issues and use the contents page to go directly to the subject required. Key issues are usually covered in some depth within a dedicated section, but may also be referred to briefly in several other sections. Some repetition is therefore inherent in the structure of the Report. v The information included in this COI Report is limited to that which can be identified from source documents. While every effort is made to cover all relevant aspects of a particular topic, it is not always possible to obtain the information concerned. For this reason, it is important to note that information included in the Report should not be taken to imply anything beyond what is actually stated. For example, if it is stated that a particular law has been passed, this should not be taken to imply that it has been effectively implemented unless stated. Similarly, the absence of information does not necessarily mean that a particular event or action, amongst other things, did or does not occur. vi As noted above, the Report is a compilation of extracts produced by a number of reliable information sources. In compiling the Report, no attempt has been made to resolve discrepancies between information provided in different source documents though COIS will bring the discrepancies together and aim to provide a range of sources, where available, to ensure that a balanced picture is presented. For example, different source documents often contain different versions of names and spellings of individuals, places and political parties, etc. COI Reports do not aim to bring consistency of spelling, but to reflect faithfully the spellings used in the original source documents. Similarly, figures given in different source documents sometimes vary and these are simply quoted as per the original text. The term ‘sic’ has been used in this document only to denote incorrect spellings or typographical errors in quoted text; its use is not intended to imply any comment on the content of the material. vii The Report is based substantially upon source documents issued during the previous two years. However, some older source documents may have been included because

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 4 3 SEPTEMBER 2010 T ANZANIA they contain relevant information not available in more recent documents. All sources contain information considered relevant at the time this Report was issued. viii This COI Report and the accompanying source material are public documents. All COI Reports are published on the RDS section of the Home Office website and the great majority of the source material for the Report is readily available in the public domain. Where the source documents identified in the Report are available in electronic form, the relevant web link has been included, together with the date that the link was accessed. Copies of less accessible source documents, such as those provided by government offices or subscription services, are available from the COI Service upon request. ix COI Reports are published regularly on the top 30 asylum intake countries. Reports on countries outside the top 30 countries may also be published if there is a particular operational need. UKBA officials also have constant access to an information request service for specific enquiries. x In producing this COI Report, COI Service has sought to provide an accurate, balanced summary of the available source material. Any comments regarding this Report or suggestions for additional source material are very welcome and should be submitted to UKBA as below.

Country of Origin Information Service

UK Border Agency

St Anne House

20-26 Wellesley Road

Croydon, CR0 9XB

United Kingdom

Email: [email protected]

Website: http://www.homeoffice.gov.uk/rds/country_reports.html

INDEPENDENT ADVISORY GROUP ON COUNTRY INFORMATION xi The Independent Advisory Group on Country Information (IAGCI) was set up in March 2009 by the Chief Inspector of the UK Border Agency to make recommendations to him about the content of the UKBA’s COI material. The IAGCI welcomes feedback on UKBA’s COI Reports and other country of origin information material. Information about the IAGCI’s work can be found on the Chief Inspector’s website at http://www.ociukba.homeoffice.gov.uk xii In the course of its work, the IAGCI reviews the content of selected UKBA COI documents and makes recommendations specific to those documents and of a more general nature. A list of the COI Reports and other documents which have been reviewed by the IAGCI or the Advisory Panel on Country Information (the independent organisation which monitored UKBA’s COI material from September 2003 to October 2008) is available at http://www.ociukba.homeoffice.gov.uk/

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 5 T ANZANIA 3 SEPTEMBER 2010

xiii Please note: it is not the function of the IAGCI to endorse any UKBA material or procedures. Some of the material examined by the Group relates to countries designated or proposed for designation to the Non-Suspensive Appeals (NSA) list. In such cases, the Group’s work should not be taken to imply any endorsement of the decision or proposal to designate a particular country for NSA, nor of the NSA process itself.

The IAGCI can be contacted at:

Independent Advisory Group on Country Information,

Independent Chief Inspector of the UK Border Agency

5th Floor, Globe House

89 Eccleston Square

London, SW1V 1PN

Email: [email protected]

Website: http://www.ociukba.homeoffice.gov.uk/

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6 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA Background Information

1. GEOGRAPHY

1.01 The Foreign and Commonwealth Office Country Profile on (14 July 2009 version) stated that:

“Tanzania lies south of the equator in East Africa. It borders on the Indian Ocean to the east, and has land borders with eight countries, anticlockwise from the north: Kenya, Uganda, Rwanda, Burundi, Democratic Republic of Congo (across Lake Tanganyika), Zambia, Malawi and Mozambique. The climate is temperate on the coast and semi- temperate inland.” [2]

1.02 According to the United States State Department Background Note on Tanzania (8 June 2010 version), the official name of the country is the United Republic of Tanzania. The country’s total population is 41.8 million (2010 estimate). The capital city is Dodoma. Tanzania’s other major cities include Dar es Salaam (former capital) and Arusha, Mwanza, Mbeya, Mtwara and Stonetown. The official languages of Tanzania are Kiswahili and English. Tanzania’s population is concentrated along the coast and isles, the fertile northern and southern highlands, and the area bordering Lake Victoria. Most of Tanzania’s population, about 80 per cent, live in rural communities. Zanzibar has a population of about one million, and consists of two main islands and several small ones, which are located off the Tanzanian coast. The two largest islands are Unguja and Pemba. [3a]

ZANZIBAR

1.03 BBC News provided information about Zanzibar in an article dated 8 May 2010:

“The Indian Ocean islands of Zanzibar and Pemba lie off the east African coast.

“The semi-autonomous territory maintains a political union with Tanzania, but has its own parliament and president.

“A former centre of the spice and slave trades, present-day Zanzibar is infused with African, Arab, European and Indian influences.

“Zanzibar's original settlers were Bantu-speaking Africans. From the 10th century Persians arrived. But it was Arab incomers, particularly Omanis, whose influence was paramount.

“They set up trading colonies and in 1832 the Omani sultan moved his capital from Muscat to Zanzibar, which had become a major slave-trading centre. Zanzibar became an independent sultanate.

“In January 1964 members of the African majority overthrew the established minority Arab ruling elite. The leftist revolution was swift but bloody; as many as 17,000 people were killed.

“A republic was established and in April the presidents of Zanzibar and Tanganyika, on the mainland, signed an act of union, forming the United Republic of Tanzania while giving semi-autonomy to Zanzibar.

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 7 T ANZANIA 3 SEPTEMBER 2010 “Under international pressure, Zanzibar held multi-party elections in 1995, which were won by the ruling, pro-union (CCM) party. The opposition (CUF) rejected the outcome and alleged vote rigging. Political violence ensued.

“The CCM won troubled polls in 2000 and 2005, both characterised by violence and fraud accusations. In 2000 many CUF supporters fled to Kenya after deadly clashes with police. Both parties signed a reconciliation agreement in 2001, but political tension remains.

“In protest against the 2005 election result, the CUF boycotted the island's parliament for four years, rejoining in 2009 in order, it said, to prevent violence in the run-up to the upcoming fresh elections.

“Under the CCM, Zanzibar is set to remain part of Tanzania. But the CUF, which has strong support among the descendants of the deposed Arabs, has called for greater autonomy. Some CUF members want independence. The two parties began negotiations towards a powersharing deal in February 2008.

“…Zanzibar has its own cabinet, known as the Revolutionary Council, and a 50-seat house of representatives. Elections, by popular vote, are held every five years.

“Under a winner-takes-all electoral system, the opposition has no representation in government.” [25b]

1.04 More information about Zanzibar is provided in the http://www.zanzibar.org/ website (accessed on 19 August 2010):

“Zanzibar, a part of the United Republic of Tanzania, is a series of many islands, the main ones being Unguja and Pemba. The more populated of the two main islands, Unguja, is better known as Zanzibar Island and is home to Stone Town (also known as Zanzibar Town or Zanzibar City), an historic, bustling city of narrow alleyways and stone coral buildings. In addition to the two main islands, there are many other islands and islets in the Zanzibar archipelago which stretches from the top of Pemba to the south point of Unguja.

“Unguja is in the Indian Ocean about 40 km east of Bagamoyo on the Tanzanian mainland. The slightly hilly island itself is about 85 km long and between 20 - 30 km wide at its widest points. Most of the population lives in the more fertile regions of the north and west. The eastern part of the island is arid and covered in coral rag (rock made of coral) making it unattractive for farming, but the beaches and the reefs on the eastern coasts make them ideal for fishing villages, tourist guesthouses, and resorts.

“Pemba, located about 50 Kms north of Unguja, is far less populated. Known also by its Arabic name, Al Khundra meaning Green Island, Pemba is covered in steep hills full of palms, clove and rubber trees, rice paddies and the Ngezi Forest in the north.

8 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA “…the people of Zanzibar are predominantly Muslim, about 95% of the population being followers of Islam. The remaining percentage is a mix of Christians, Hindus and followers of various other religions. Swahili is the official and national language of Tanzania but English is also spoken in Zanzibar, and a percentage of the population also has a working knowledge of Arabic. The population consists of people from the following ancestries: African, Persian, Omani (and other Arab states), and Asian. The local economy is based on agriculture and fishing. The population of the archipelago is estimated at over 740,000 while the population of Unguja is estimated at almost 450,000, forty per cent of which live in Stone Town. The literacy rate in Zanzibar is very high.” [32]

See also Ethnic groups

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MAP

1.05 Map of Tanzania showing the main towns and cities.

Weblink to the above map: http://www.tanzania-consulate.dk/images/MAP_OF_TANZANIA.gif [31] Return to contents

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 9 T ANZANIA 3 SEPTEMBER 2010 Go to sources

2. ECONOMY

2.01 The Foreign and Commonwealth Office Country Profile on Tanzania (14 July 2009 version) stated that:

“Tanzania's economy relies heavily on agriculture, which accounts for nearly half of GDP and employs 80% of the workforce. Tourism is growing in importance and ranks as the second highest foreign exchange earner after agriculture. Mineral production (gold, diamonds, tanzanite) has grown significantly in the last decade. It represents Tanzania's biggest source of economic growth, provides over 3% of GDP and accounts for half of Tanzania's exports.

“Despite enthusiastic privatisation during the 1990s, and annual GDP growth of between 5% and 7%, the Tanzanian economy remains weak. The Government of former President saw through a vigorous programme of economic reform, in line with IMF guidelines. President Kikwete has pledged to continue these policies. Corruption is still endemic; Kikwete has said that addressing this will be one of his major priorities. Parliament and the media are playing an increasingly prominent role in ensuring Government accountability.

“…Tanzania remains one of the world's poorest countries. Almost 14 million people live below the national poverty line. The government's Poverty Reduction Strategy is now in its fifth year. There have been some successes in delivering social services: primary school enrolment has risen from 53% in 1999 to 97% in 2008 (Ministry of Education and Vocational Training, 2008) and child mortality has fallen by 40% over the past 10 years. But there are challenges around translating the high GDP growth into poverty reduction; poverty has only declined slightly this decade. Life expectancy is 48 years and falling. Aid flows are a significant part of the economy with about 40% of Tanzania's total budget funded from external sources.” [2]

2.02 According to the United States State Department Background Note on Tanzania (8 June 2010 version), Tanzania has a GDP of $22.4 billion (2009 est.) with an average growth rate of 4.9% (2009 est.), and a per capita income of $440 (2008). [3a]. According to the XE Universal Currency Converter website (accessed on 17 August 2010), one US dollar is equivalent to 1,518.5 Tanzanian Shillings. One Euro is equivalent to 1,949.27 Tanzanian Shillings, and one British pound is equivalent to 2,366.86 Tanzanian Shillings. [26]

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10 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA 3. HISTORY (FROM INDEPENDENCE TO THE 2005 ELECTIONS)

3.01 The Foreign and Commonwealth Office Country Profile on Tanzania (14 July 2009 version) stated that:

“The modern Tanzanian state is formed from the former colony of Tanganyika, on the mainland, and the former Protectorate of Zanzibar. Tanganyika was first a German colony, then a League of Nations mandated territory under British administration and later a UN trust territory, remaining under British control. In 1954, Julius Nyerere founded the Tanganyikan African National Union (TANU), which became the focus of African nationalism. Constitutional changes increased the voice of the African population. Elections were held in 1958-59 and 1960 which resulted in overwhelming victory for TANU. Tanganyika achieved independence in 1961 and became a republic in December 1962 with Nyerere as the first President. In 1965 the constitution was changed to establish a one-party system.

“Zanzibar became independent from Britain (which had governed in cooperation with the Sultan) in December 1963. In January 1964, a revolution overthrew the government allowing members of the majority black population their first chance to hold political power. The Constitution was annulled. The Sultan (whose family had governed Zanzibar since the eighteenth century) was expelled and many of Zanzibar's Arab population fled the country. Zanzibar was proclaimed a People's Republic. The union of Tanganyika and Zanzibar took place in April 1964. The new country was formally named the United Republic of Tanzania in October 1964. Zanzibar has its own President and a separate Parliament, which is responsible for all issues except for eight ‘Union competences’ which include foreign and defence policy. On 5 February 1977, the ruling parties of the two territories merged to form the Chama Cha Mapinduzi (CCM), or 'Movement for the Revolution'.” [2]

3.02 The United States State Department Background Note on Tanzania (8 June 2010 version) stated:

“President Nyerere stepped down from office and was succeeded as President by Ali Hassan Mwinyi in 1985. Nyerere retained his position as Chairman of the ruling CCM party for five more years. He remained influential in Tanzanian politics until his death in October 1999.” [3a]

2005 ELECTIONS

3.03 Europa World (accessed on 11 August 2010) provided information about elections that were held in 2005:

“On mainland Tanzania the delayed presidential and legislative elections were held concurrently on 14 December 2005. Turn-out was officially recorded at 72% and voting proceeded without notable incident. Kikwete was elected President with 80.3% of the votes cast, while Lipumba received 11.7%. The CCM won 207 seats in the National Assembly, the CUF 18, Chadema five and the TLP and UDP one seat each. The CCM received a further 59 of the 75 seats reserved for women (of the remainder, the CUF received 10 and Chadema six) and six of the 10 seats reserved for presidential nominees (four remained vacant). Of the five representatives sent from the Zanzibari legislature, three were from the CCM and two from the CUF. The Attorney-General was also a CCM member. Thus, the CCM’s final strength in the National Assembly came to 276 seats and the CUF’s 30; Chadema secured 11 seats and the TLP and UDP one

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 11 T ANZANIA 3 SEPTEMBER 2010 each. At his inauguration, on 21 December [2005], Kikwete stated that his main priority as President would be to resolve the tensions on Zanzibar, while he also pledged to continue Mkapa’s free-market economic policies. On 4 January 2006 Kikwete unveiled his new Cabinet, appointing Edward Lowassa, hitherto the Minister of Water Livestock and Development, as Prime Minister. In late June Kikwete assumed the chairmanship of the CCM.” [24]

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4. RECENT DEVELOPMENTS

4.01 The Citizen (Tanzanian newspaper) reported on 3 August 2010 that:

“Zanzibar made history last Saturday [31 July 2010] by overwhelmingly endorsing constitutional changes in a referendum that will pave the way for the formation of a government of national unity later this year.

“Such a government will be the first ever in the country since the armed revolution that rooted out the Arab Sultan rulers in the early sixties, and also in the modern times following the introduction of multi party politics in Tanzania in 1992.

“The momentous vote was won by some 188,705 (66.4%) of 293,039 people who participated in the exercise against 95,613 (33.6%) of those who were not in favour of the outcome that will now significantly alter the way politics is played in Zanzibar.

“Political leaders, representatives of the donor community and even the common man on the streets have immediately welcomed the referendum outcome, with a majority saying it would finally guarantee peace and tranquility in the Isles that had hitherto remained perilous every election year.” [12e]

See also Political affiliation and Political system

For more recent news reports on Tanzania, refer to the following weblinks:

http://www.bbc.co.uk/news/world/africa/

http://uk.reuters.com/news/world

http://allafrica.com/tanzania/

http://www.afrol.com/countries/tanzania

http://www.afriquejet.com/afrique-de-l%27est/tanzanie.html

http://www.tanserve.com/news/

http://www.ippmedia.com/

http://www.arushatimes.co.tz/

http://www.theexpress.com/

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12 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA 5. CONSTITUTION

5.01 According to the Electoral Institute for the Sustainability of Democracy in Africa website (accessed on 27 July 2010), the Constitution of Tanzania came into force in 1977 and established a one-party state. In 1992, the Constitution was amended to allow for a multi-party political system. The Constitution states that Tanzania is a republic and its head of state and commander-in-chief is a president. It also lays down the rules regarding how Tanzania is governed by its executive, legislature and judiciary. [4]. The Constitution guarantees basic rights such as a right to a private life, freedom of movement, freedom of religion and freedom of speech, freedom of assembly and association etc. [5] (Constitution of Tanzania 1977)

See also Political system and Judiciary

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6. POLITICAL SYSTEM

6.01 The United States State Department Background Note on Tanzania (8 June 2010 version) stated that the executive comprises the president, the vice-president and prime minister; the legislative comprises the National Assembly and House of Representatives (Zanzibar only); and the judiciary comprises the Court of Appeals, High Courts, Resident Magistrate Courts, district courts, and primary courts. In Zanzibar, the judiciary comprises the High Court, people's district courts, and kadhis court (Islamic courts). The country’s democratic system is based on universal suffrage from the age of 18. [3a]

6.02 The CIA World Factbook (19 August 2010 version) provides more information about the political system. It stated that the chief of state is President (since 21 December 2005). The chief of state is also the head of government. Zanzibar has an elected president who is the head of government for matters that affect Zanzibar only. The cabinet, including the prime minister, is appointed by the president from members of the National Assembly. The president and vice president are elected on the same ballot by popular vote for five-year terms and are eligible for second terms. The unicameral National Assembly or Bunge has 274 seats. A total of 232 members are elected by popular vote; 37 are allocated to women nominated by the president, 5 to members of the Zanzibar House of Representatives. Members serve five-year terms. In addition to enacting laws that apply to the entire United Republic of Tanzania, the Assembly enacts laws that apply only to the mainland. Zanzibar has its own House of Representatives that has the power to make laws that apply only to Zanzibar. The Zanzibar House of Representatives has 50 seats and its members are elected by universal suffrage to serve five-year terms. [1]

See also Political affiliation ; Women - political rights ; Constitution

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 13 T ANZANIA 3 SEPTEMBER 2010

Human Rights

7. INTRODUCTION

7.01 The United States State Department (USSD) 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“There were a number of human rights problems. Police and prison guards used excessive force against inmates and suspects, and police impunity was a problem. Prison conditions were harsh and life threatening. Police corruption and violation of legal procedures were problems, and the judiciary was corrupt and inefficient. The government partially limited freedom of speech and press, especially in Zanzibar. Government corruption remained a problem, and authorities restricted the movement of refugees. Societal violence against women and persons with albinism and women persisted. Female genital mutilation (FGM), especially of young girls, continued to be practiced. Trafficking in persons and child labor continued.” [3b] (Introduction)

7.02 The Amnesty International Annual Report 2010, published on 28 May 2010, stated:

“Killings and mutilation of albino people continued, driven by cultural beliefs that albino body parts will make people rich. Reports indicated that over 20 albino people were killed in 2009, bringing the total to over 50 in two years. Although dozens of people suspected of involvement in the murder and mutilation of albino people were arrested, cases concerning only two killings were concluded in court. The first, in September [2009], found three men guilty of murder; the second, in November [2009], convicted four men. Police investigations of such cases remained slow and the overall government effort to prevent attacks on albino people was inadequate.

“In July [2009] the UN Human Rights Committee issued its concluding observations after considering Tanzania’s fourth periodic report submitted under the International Covenant on Civil and Political Rights.The Committee expressed concerns about the

continued high prevalence of gender-based violence, in particular domestic violence and the lack of effective and concrete measures to combat female genital mutilation; the under-resourcing of the human rights institution - the Commission for Human Rights

and Good Governance; the ill-treatment of detainees by law enforcement officials; and the failure to recognize and protect the rights of minorities and Indigenous peoples, including in relation to the negative impact of projects such as game parks on the traditional way of life of these communities. The Committee also noted the government’s failure to implement its previous recommendations.” [6b]

7.03 The Freedom House Freedom in the World 2010 report, published on 3 May 2010, stated:

“Although the constitution provides for freedom of speech, it does not specifically guarantee freedom of the press…while the country has more than 50 regular newspapers, including 17 dailies, the government is allowed to ban newspapers without judicial recourse... the constitution guarantees freedoms of assembly and association. However, these rights are not always respected, particularly in Zanzibar where on several occasions in 2009 authorities either banned demonstrations or arrested peaceful protestors…Tanzania’s judiciary has displayed some signs of autonomy after

14 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA decades of subservience to the one-party CCM regime, but it remains subject to considerable political influence. Arrest and pretrial detention rules are often ignored. Prisons suffer from harsh conditions, including overcrowding and safety and health concerns, and police abuse is common.” [9]

For specific human rights issues, see Human rights violations by government forces ; Freedom of movement ; Freedom of speech and media; Freedom of religion ;

Freedom of political expression ; Freedom of association and assembly ;

Prison conditions; Disability ; Women ; Children

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8. SECURITY FORCES

POLICE

8.01 The United States State Department (USSD) 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“The national police force under the Ministry of Public Safety and Security has primary responsibility for maintaining law and order. A special division called the Field Force Unit deals with unlawful demonstrations and riots. Sungusungu citizens' patrols, which are traditional neighborhood and village anticrime groups, also worked with local government leaders to support the police force in refugee camps and other areas. The Ministry of Defense is responsible for external security and has some limited domestic security responsibilities.

“The police force remained underfunded and largely inefficient. There continued to be newspaper articles, civil complaints, and reports of police corruption from the Prevention and Control of Corruption Bureau (PCCB) and Ministry of Home Affairs. In the year's National Governance and Corruption Survey, households, public officials, and enterprises identified the police force as one of the most corrupt public institutions.

“Police use of excessive force, police corruption, and impunity were problems.” [3b] (section 1d)

See also Human Rights violations by government forces

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ARMED FORCES

8.2 According to Jane’s Sentinel Risk Assessment on Tanzania (14 July 2009 version), the number of active personnel in the armed forces is 25,550, with 21,000 of them in the army, 3,500 in the air force, and 1,050 in the navy. The Risk Assessment also stated:

“The TPDF [Tanzania People’s Defence Force] unifies the army, navy, air wing and a paramilitary National Service unit, although is very much dominated by the land forces, which comprise over 80 per cent of its strength. Under the influence of Chinese military doctrine, the air wing includes both a much reduced air force (flying assets) and a large

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 15 T ANZANIA 3 SEPTEMBER 2010 air defence force (land-based air defence). In addition to the navy, operating along the coast and on Lakes Victoria and Tanganyika, a small, autonomous anti-smuggling naval unit (Kikosi Maalum cha Kuzuia Magendo: KMKM) operates around Zanzibar.

“The Tanzanian president is commander in chief of the armed forces. As with most other elements of the Tanzanian government, the Ministry of Defence and National Service remains based in Dar es Salaam rather than the formal capital of Dodoma.” [7]

See also Military service

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HUMAN RIGHTS VIOLATIONS BY GOVERNMENT FORCES

Arbitrary arrest and detention

8.3 The USSD 2009 Human Rights Report on Tanzania stated that the “constitution prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.” [3b] (section 1d)

See also Arrest and detention - legal rights

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Torture

8.04 Regarding torture, the USSD 2009 Human Rights Report on Tanzania stated:

“The constitution and law prohibit such practices; however, police officers and prison guards abused, threatened, and otherwise mistreated civilians, suspected criminals, and prisoners on several occasions during the year. Beatings were the method most commonly used.

“For example, in May [2009] a suspect accused of pouring acid on the managing editor of the MwanaHalisi newspaper accused Segerea prison officials of severely beating him in front of their supervisor. The beatings allegedly left him paralyzed on the left side. Court officials ordered prison officials to investigate the complaint and report their findings to the magistrate. Prison officials denied the allegations of abuse and stated they were not aware of the court ordered investigation.

“Also in May [2009], according to a report from the Legal and Human Rights Center (LHRC), soldiers assaulted a traffic officer at a crossroad in Dar es Salaam, allegedly because he was not directing traffic quickly enough.” [3b] (section 1c)

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Extra-judicial killings

8.05 The USSD 2009 Human Rights Report on Tanzania stated:

16 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA “Neither the government nor its agents committed any politically motivated killings; however, on occasion security forces killed civilians during the year [2009].

“In May [2009] the inspector general of police warned his officers not to use lethal force; however, on several occasions security forces used such force against citizens in custody and during pursuit.

“For example, on March 27 [2009], police shot and killed a taxi driver in Dar es Salaam after mistaking him for a robber. Bystanders told reporters that the taxi driver was taking a client home when police shot and killed him. Police investigated the case and turned the file over to prosecutors, who dropped all charges. However, the officer died in custody of natural causes before he could be released.” [3b] (section 1a)

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AVENUES OF COMPLAINT

8.06 The USSD 2009 Human Rights Report on Tanzania stated:

“Police use of excessive force, police corruption, and impunity were problems.

“There were continuing efforts to improve the performance of police. For example, during the year [2009] the national police held seminars on corruption and took disciplinary action against police officers implicated in wrongdoing. On December 31 [2009], the Assistant Superintendent of Police Lwitiko Kibanda announced that during the year more than 15 police officers were dismissed and an additional 15 demoted for unethical behavior, including corruption.” [3b] (section 1d)

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9. MILITARY SERVICE

9.01 The Child Soldiers Global Report 2008, published on 20 May 2008, stated:

“When acceding to the Optional Protocol in November 2004, Tanzania stated in its declaration that ‘the minimum age for the voluntary recruitment into armed conflict is eighteen years.’

“However, Section 67 of the Defence Forces Regulations prohibited the recruitment of persons apparently under 18 into the armed forces, ‘except that where a person is not of the apparent age of eighteen years he may be enrolled in the Defence Forces with the consent in writing of one of his parents or guardian, or, when the parents or guardian are dead or unknown, with the consent of the Area Commission of the district in which that person resides’. The regulations provided that no child under the age of 18 could be used directly in armed conflict.

“In July 2007 the government stated that the age of voluntary recruitment to all defence forces was set at 18 and that birth and other certificates were scrutinized to prevent the recruitment of under-18s. It also stated that only over-18s could enlist, and that some military training was provided. There was no compulsory recruitment. The government reported that although the recruitment of under-18s appeared to be a possibility in

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 17 T ANZANIA 3 SEPTEMBER 2010 exceptional circumstances, in practice there was no such recruitment of under-18s in the Tanzania People Defence Forces (TPDF). No schools were under the control of the TPDF.” [8]

See also Armed forces

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18 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA 10. JUDICIARY

ORGANISATION

10.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“A Judicial Service Commission, chaired by the chief justice of the Court of Appeal, appoints all judges except those for the Court of Appeal and the high courts, who are appointed by the president. All courts, including Islamic courts in Zanzibar, are staffed by civil servants.

“The country has a five-tier judicial system whose highest court is the Court of Appeal. In addition, in Zanzibar, whose population is almost entirely Muslim, there is a system of Islamic kadhi courts with its own hierarchy, topped by a kadhi court of appeal. These courts hear matters involving customary Islamic law on family and related matters. On the mainland, civil law essentially governs all persons involved in cases of child custody and divorce. Islamic and customary law governs other family matters for Muslims and Christians, respectively. The issue of establishing a kadhi court on the mainland, which has divided Muslim and Christian leaders, remained contentious.

“There was one juvenile court; however, it was overburdened and handled cases only for young offenders in Dar es Salaam. Juvenile offenders in other regions were tried in adult courts in most cases or waited months for cross-country transportation to the juvenile court.

“The law also provides for commercial courts, land courts, housing tribunals, and military tribunals. Military tribunals do not try civilians, but defendants convicted by military tribunals may appeal to the High Court and the Court of Appeal.” [3b] (section 1e)

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INDEPENDENCE

10.02 The USSD 2009 Human Rights Report on Tanzania stated:

“The constitution provides for an independent judiciary; however, the judiciary remained underfunded, corrupt, inefficient, and subject to executive influence, especially in the lower courts. Court clerks took bribes to decide whether or not to open cases and to hide or misdirect the files of those accused of crimes. According to news reports, magistrates of lower courts occasionally accepted bribes to determine guilt or innocence, pass sentences, or decide appeals of cases coming from the primary courts to district courts.” [3b] (section 1e)

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 19 T ANZANIA 3 SEPTEMBER 2010

FAIR TRIAL

10.03 The USSD 2009 Human Rights Report on Tanzania stated:

“With some exceptions, criminal trials were open to the public and the press. Courts that hold secret proceedings - such as in drug trafficking cases - generally are required to provide reasons for closing the proceedings. In cases involving terrorism, the law provides that everyone except the interested parties may be excluded and that witnesses may be heard under special arrangements for their protection. The law prohibits lawyers from appearing or defending clients in primary-level courts.

“Juries are not used. The law provides for the presumption of innocence. Defendants or their lawyers have access to evidence held by the government, the right to question witnesses, and the right to present evidence on the defendant's behalf. All defendants charged with civil or criminal matters, except parties appearing before kadhi courts and cases examining the constitutionality of Zanzibar laws, could appeal decisions to the high courts and the Court of Appeal. The law provides a right to free counsel for defendants accused of murder and treason as well as for indigent defendants in other serious cases. Most indigent defendants charged with lesser crimes did not have legal counsel, however. In Zanzibar prosecutors act as lawyers for both the state and the defendant. Suspects do not have the right to legal defense.” [3b] (section 1e)

See also Constitution

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11. ARREST AND DETENTION – LEGAL RIGHTS

11.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“The law requires that persons be apprehended openly with warrants based on sufficient evidence, and authorities generally complied with the law. The law also requires that a person arrested for a crime, other than a national security detainee, be charged before a magistrate within 24 hours of arrest; however, at times the police failed to comply with this requirement. The law gives accused persons the right to contact a lawyer or talk with family members, but at times they were denied this right. Prompt access to counsel was often limited by the lack of lawyers in rural areas, the lack of communication systems and infrastructure, and the illiteracy and poverty of the accused. Authorities promptly informed detainees of the charges against them. The government provided legal representation for some indigent defendants and for all suspects charged with murder or treason. The law does not allow bail for cases involving murder, treason, drugs, armed robberies, or other violent offenders posing a public safety risk. When bail is granted in some cases, strict conditions on freedom of movement and association are imposed. In the primary and district courts, bribes sometimes determined whether or not bail was granted.

20 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA

“By law the president may order the arrest and indefinite detention without bail of any person considered dangerous to the public order or national security. The government must release such detainees within 15 days or inform them of the reason for their continued detention; it also allows a detainee to challenge the grounds for detention at 90-day intervals. The government has additional broad detention powers under the law, which permits regional and district commissioners to arrest and detain for 48 hours anyone who may ‘disturb public tranquility.’ This act was not invoked during the year.” [3b] (section 1d)

See also Human rights violations by government forces - arbitrary arrest and detention

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12. PRISON CONDITIONS

12.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“During the year [2009] representatives from the LHRC [Legal and Human Rights Center], CHRAGG [Commission on Human Rights and Good Governance], the Tanzanian Red Cross (TRC), and the diplomatic community visited prisons. Prison conditions remained harsh and life threatening. In May [2009] the CHRAGG inspected the Ukonga maximum security prison in Dar es Salaam to follow up on reports that inmates were being denied access to toilet facilities. In interviews inmates complained of substandard food, lack of medication, and poor sanitation. Prisoners stated that when they demanded better conditions they were threatened with beatings and solitary confinement. The LHRC also received prisoner complaints of abuse by guards and other inmates.

“The LHRC visited 24 prisons on the mainland during the year and reported that overcrowding remained a serious problem. At one facility LHRC representatives reported that 150 inmates were living in a cell designed for 30. The TRC, which visits prisons annually, stated that some prisoners had to sleep on the floor.

“One NGO reported that water was often scarce in the prisons, leading to poor hygiene. Combined with overcrowding, these conditions contributed to the spread of disease. The most common diseases were malaria, tuberculosis, HIV/AIDS, cholera, and other diseases related to poor sanitation. Medical supplies were limited and medical care inadequate. In one women's prison the LHRC reported there were no mosquito nets or screens to prevent malaria. Prison dispensaries offered only limited treatment, and friends and family members of prisoners generally had to provide medications or the funds to purchase them.

“…the law requires prisoners to be separated by age and gender, and whether a person is awaiting trial or has been convicted of a crime. For the most part, these laws were followed in practice. Women were separated from men and detainees were separated from convicted prisons. However, there were only three facilities for juveniles, and juveniles were often held with adults. Male juveniles awaiting trial were held in one of five remand homes, and girls were almost universally released on bail. For the most part remand prisoners were held separately from convicted prisoners.” [3b] (section 1c)

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 21 T ANZANIA 3 SEPTEMBER 2010

12.02 The Amnesty International 2010 Annual Report, published on 28 May 2010, also provided information about prison conditions:

“Prison conditions - both on the mainland and in Zanzibar - continued to be harsh and there were reports of torture and other ill-treatment. Local human rights groups recorded a marginal decrease in prison overcrowding and noted that the problem was mainly due to delays in adjudicating court cases and an inadequate use by courts of non-custodial sentences. According to the Legal and Human Rights Centre and Zanzibar Legal Services Centre, almost half of the prison population comprised pre-trial detainees.” [6b]

12.03 A report published by the Guardian (Tanzanian newspaper) on 28 April 2009 provided information about the number of prisoners who have HIV/AIDS:

“Approximately 9.2 per cent of Tanzania’s prison population is infected with HIV/Aids, according to the 2008 Human Rights Report prepared by the Legal and Human Rights Centre.

“Speaking at the launch of the report at the weekend [25/26 April 2009], LHRC advocate Clarence Kipobota said the situation was very alarming in Tanzania’s prisons.

“ ‘There is no information on appropriate health facilities for people living with HIV/Aids in prisons,’ he said.

“He added that there were no mechanisms in place to assist infected inmates.

“ ‘There are no mechanisms designed to facilitate a convicted person’s transition back into the society when they are released,’ he stressed.

“According to the report, in June 2008, there were a total of 39,951 inmates in the country's jails, which was higher than the official capacity by 12,298 inmates.

“Kipobota further noted that although the Parole Board Act was in place and operational it was restrictive, hence it did not help much in decongesting prisons.” [27]

12.04 A Panafrican News Agency report about food shortages in Tanzanian prisons, dated 3 April 2010, stated:

“Inmates in Tanzania’s prisons must keep their belts literally tightened because the funds set aside by the government are not enough to meet their daily nutrition requirements. According to the chief of Tanzania’s cash-strapped Prisons Department, due to the acute shortage of funds, prison officers have to use personal cash to feed the people under their charge.

“Principal Commissioner of Prisons Augustino Nanyaro has told the Parliamentary Public Accounts Committee that expenditure on food rations has been cut to approximately half a US dollar per inmate per day, instead of the regular two US dollars.

“Nanyaro said his department was allocated about a third of its realistic budget for feeding prisoners.

“ ‘We try our best to utilise the funds as scrupulously as possible but we are forced to

22 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA use other means [for the prisoners’ survival],’ he added.

“A recent human rights report on prisons conditions in the country pointed out that food supplies for inmates were inadequate and some prisoners were malnourished.

“In May last year [2009], 12 death-row prisoners at Ukonga maximum security prison in Dar es Salaam reportedly went on a hunger strike to protest the poor quality of food.” [18b]

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13. DEATH PENALTY

13.01 The Amnesty International Annual Report 2010, published on 28 May 2010, stated that “courts continued to hand down death sentences. As of May [2009], the government stated that 292 prisoners were being held under sentence of death. A petition filed by three civil society organizations in 2008 challenging the constitutionality of the death penalty remained pending in the High Court.” [6b]

13.02 Although some prisoners have reportedly been sentenced to death, Amnesty International, in its Death Sentences and Executions 2009 report, published in March 2010, described Tanzania as one those countries that “retain the death penalty for ordinary crimes such as murder but can be considered abolitionist in practice”. According to the report, this is because the Tanzanian authorities “have not executed anyone during the past 10 years and are believed to have a policy or established practice of not carrying out executions.” [6a]

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14. POLITICAL AFFILIATION

FREEDOM OF POLITICAL EXPRESSION

14.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“The constitution provides citizens with the right to change their government peacefully, and citizens exercised this right in elections on the mainland and in Zanzibar. However, electoral irregularities, political violence, and legal and financial provisions favoring the ruling CCM [Chama Cha Mapinduzi party] limited the effectiveness of the electoral process in Zanzibar. Political parties are required by law to support the union between Tanganyika and Zanzibar; parties based on ethnic, regional, or religious affiliation are prohibited. Unregistered parties were prohibited from fielding candidates during the 2005 elections.

“…the registrar of political parties has sole authority to approve registration of any political party and is responsible for enforcing regulations on registered parties. Parties granted provisional registration may hold public meetings and recruit members. To secure full registration and be eligible to field candidates for election, parties must

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 23 T ANZANIA 3 SEPTEMBER 2010 submit lists of at least 200 members in 10 of the country's 26 regions, including two of the five regions of Zanzibar, within six months.” [3b] (section 3)

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FREEDOM OF ASSOCIATION AND ASSEMBLY

14.02 The USSD 2009 Human Rights Report on Tanzania stated:

“The constitution provides for freedom of assembly; however, the government did not always respect this right in practice.

“The government requires organizers of rallies to obtain police permission. Police may deny permission on public safety or security grounds or if the permit seeker belongs to an unregistered organization or political party.

“…the constitution provides for freedom of association, and the government generally respected this right in practice.” [3b] (section 2b)

14.03 The Freedom in the World 2010 report, published by Freedom House on 3 May 2010, stated:

“The constitution guarantees freedoms of assembly and association. However, these rights are not always respected, particularly in Zanzibar where on several occasions in 2009 authorities either banned demonstrations or arrested peaceful protestors. Organizers of political events are required to obtain permission from the police. Many nongovernmental organizations (NGOs) are active, and some have influenced the public policy process. However, some observers have critiqued flaws in a 2002 NGO act, including compulsory registration backed by criminal sanctions, lack of appeal to the courts, alignment of NGO activities with government plans, and the prohibition of national networks and coalitions of NGOs.” [9]

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OPPOSITION GROUPS AND POLITICAL ACTIVISTS

14.04 The United States State Department 2009 Human Rights Report on Tanzania stated:

“During the year [2009] there were three union parliamentary by-elections and one for the Zanzibar House of Representatives. On the mainland unidentified individuals reportedly attacked opposition party members in Busanda and Biharamulo during the campaigns preceding the by-elections. The ruling CCM party made similar complaints regarding attacks. In addition, opposition parties complained of voting irregularities in Biharamulo but did not file a legal challenge.

“…harassment of opposition political parties by the government diminished after the 2005 elections. However, with political parties preparing for the 2010 elections, opposition parties alleged that the ruling party tried to hamper their campaign initiatives. For example, on September 27, seven CUF [Civic United Front] officials were arrested after a rally and charged with unlawful assembly. CUF officials maintained they had permission for the event, and the group was released on bail. A few days later, CUF

24 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA held a march in Dar es Salaam to protest the ruling party's control over the national and Zanzibari electoral commissions.” [3b] (section 3)

14.05 The Freedom in the World 2010 report, published by Freedom House on 3 May 2010, stated:

“Although opposition parties were legalized in 1992, the ruling CCM continues to control the country’s political life. The constitution prohibits political coalitions, which has impeded efforts by other parties to seriously contest the CCM’s dominance. Opposition politics are highly fractious; the opposition fielded nine separate presidential candidates in the 2005 polls. The opposition CUF, based in Zanzibar, has sought to establish significant support on the Tanzanian mainland. To register in Tanzania, political parties must not be formed on religious, ethnic, or regional bases and cannot oppose the union of Zanzibar and the mainland. Parties with parliamentary representation receive government subsidies, but they criticize the low level of funding and the formula by which it is allocated.” [9]

See also Political system and Women - political rights

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15. FREEDOM OF SPEECH AND MEDIA

15.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“The constitution provides for freedom of speech but does not explicitly provide for freedom of the press.

“The law provides for arrest, prosecution, and punishment for the use of abusive or derogatory language to describe the country's leadership publicly.

“For example, on September 27 [2009], members of the opposition party Civic United Front (CUF) were arrested in Tanga and charged with unlawful abuse of the president following a rally at which they called for the dissolution of the National Electoral and Zanzibar Electoral Commissions, alleging that they were instruments of the ruling party. The CUF officials were released on bail. At year's end [2009] there were no further developments.

“The independent media on the mainland were active and expressed a wide variety of views without restriction.” [3b] (section 2a)

15.02 As regards the media in Zanzibar, a BBC News article, dated 8 May 2010, stated:

“The media in Zanzibar are subject to a different set of regulations to their counterparts in mainland Tanzania. The government operates radio and TV services. There are no private broadcasters, although stations from the mainland can be received.

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 25 T ANZANIA 3 SEPTEMBER 2010 “The 1964 revolution put paid to one of east Africa's most dynamic press scenes. In late 2003 the Zanzibar government banned the Dira weekly - the first private publication to be launched in the post-revolution era.

“Media rights organisation Reporters Without Borders has said there is no press freedom in Zanzibar.” [25b]

15.03 The Freedom in the World 2010 report, published by Freedom House on 3 May 2010, stated:

“Although the constitution provides for freedom of speech, it does not specifically guarantee freedom of the press. Print and electronic media are active, but their reach is largely limited to major urban areas. While the country has more than 50 regular newspapers, including 17 dailies, the government is allowed to ban newspapers without judicial recourse. The growth of the broadcast media has been hindered by a lack of capital investment, both public and private. However, a number of independent television and private FM radio stations have gone on the air in recent years. The number of journalists has increased from just 230 in 1991 to more than 4,000, according to the 2008 Media Sustainability Index, but journalists work under very difficult conditions with little compensation. Internet access, while limited to urban areas, is growing.” [9]

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RESTRICTIONS ON THE PRINT MEDIA AND JOURNALISTS

15.04 The USSD 2009 Human Rights Report on Tanzania stated:

“The president publicly expressed support for press freedom, and journalists were generally able to publish articles, for example, alleging corruption by government officials, without reprisal. However, the Ministry of Information acknowledged that it called four editors into its offices during the year for distorting government statements, criticizing the president without offering supporting evidence, and printing misinformation about a parliamentary debate. No further action was taken against the editors.

“During the year [2009] there were reports of journalists being attacked. For example, on December 22 [2009], five assailants attacked a journalist from Mwananchi Communications in his home in Mwanza. The suspects demanded the journalist turn over documents he had received in connection with an investigation into funds allegedly stolen from a government bank account. The police were investigating the case at year's end.

“The law allows police to raid and seize materials from newspaper offices and allows the minister of information to close media outlets for reasons of undefined ‘public interest.’

"Unlike in the previous year [2008], the government did not exercise these powers during the year [2009].” [3b] (section 2a)

15.05 The Freedom in the World 2010 report, published by Freedom House on 3 May 2010, stated that “press freedom rights in Zanzibar are constrained by its semiautonomous government, which has not permitted private broadcasters or newspapers. However,

26 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA many islanders receive mainland broadcasts and read the mainland press. The Zanzibari government often reacts to media criticism by accusing the press of being a ‘threat to national unity.’ ” [9]

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16. HUMAN RIGHTS INSTITUTIONS, ORGANISATIONS AND ACTIVISTS

16.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. On the mainland more than 5,000 NGOs were registered and entered into the database maintained by a government-appointed NGO coordination unit within the vice president's office. The registration process was slow, taking two to five years. International NGOs may operate both on the mainland and Zanzibar. However, NGOs in Zanzibar must apply through the local government for approval, and all religious NGOs must seek approval from the Office of the Mufti, the Muslim religious authority.

“Mainland government officials generally were cooperative and responsive to the views of human rights groups, although the government accused NGOs of exaggerating reports concerning the eviction of pastoralists from hunting reserves in Loliondo in September. The minister of natural resources and tourism criticized NGOs for misleading the public and stated the government planned to take measures against them.

“…active domestic human rights NGOs included Tanzania Gender Networking Programme, Haki Elimu, the Center for Human Rights Promotion, the Legal and Human Rights Centre, Tanzania Media Women's Association, Action on Disability and Development, Tanzania Albino Society, and the Tanzania Women Lawyers' Association. There were also many smaller local human rights NGOs based outside of Dar es Salaam. The Zanzibar Legal Services Center was one of the few active human rights organizations in Zanzibar. All of these organizations were independent of the government.” [3b] (section 5)

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17. CORRUPTION

17.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“The law provides criminal penalties for official corruption; however, the government did not implement the law effectively, and some officials engaged in corrupt practices with impunity. The World Bank's Governance Indicators reflected that corruption remained a serious problem. In September [2009] the media reported that the World Bank urged

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 27 T ANZANIA 3 SEPTEMBER 2010 the government to do more to fight corruption as lack of progress allows perpetrators to act with impunity. President Kikwete publicly reaffirmed his commitment to fight corruption, noting the increase in ongoing corruption cases from 58 in 2005 to 578 during the year [2009]. Although several high-profile corruption investigations were underway, including the case against former cabinet ministers Basil Mramba and Daniel Yona for granting unjustified tax exemptions on a gold production agreement, the government was criticized for slow progress in these cases.

“…the PCCB [Prevention and Combating of Corruption Bureau] is responsible for educating the public about corruption, investigating suspected cases, and prosecuting offenders in coordination with the DPP. The PCCB has 24 regional offices and an office in every district on the mainland. It received 3,780 allegations of corruption between January and August, investigated 584 cases, and completed 834 investigation files. According to the PCCB, 137 new cases were submitted to the courts during the year [2009] and 409 old and new cases prosecuted. As of August [2009] there had been 25 convictions and 40 acquittals.

“…according to the PCCB, most corruption investigations concerned government involvement in mining, land matters, energy, and investment. NGOs also reported that allegations of corruption involved the Tanzania Revenue Authority, local government officials, the police, licensing authorities, hospital workers, and the media.

“…the government continued to use specialized agencies to fight corruption, but their effectiveness was limited. A three-person unit within the President's Office, headed by a minister of state for good governance, was charged with coordinating anticorruption efforts and collecting information from all the ministries for publication in quarterly reports; however, this unit was not effective.

“There was little accountability in most government entities; senior government officials estimated that 20 percent of the government's budget in each fiscal year was lost to corruption, including theft and fraud, fake purchasing transactions, and ‘ghost workers.’ For example, on October 31, the controller and auditor general completed a review of all claims made by secondary school teachers for back pay and found that in some instances teachers had made claims for payments already received, and in other instances they had submitted forged documents to substantiate claims. As a result of these irregularities, roughly half of the claimed amount was rejected.” [3b] (section 4)

17.02 In its 2009 Corruption Perceptions Index (CPI), published in November 2009, Transparency International ranked Tanzania at 126 out of 180 countries, giving it a CPI score of 2.6. The CPI defines corruption as the abuse of public office for private gain, and measures the degree to which corruption is perceived to exist among a country’s public officials and politicians. The CPI is a composite index that draws on multiple expert opinion surveys. The CPI is a composite index that draws on multiple expert opinion surveys. The CPI scores range from 10 (low level of corruption) to 0 (high level of corruption). [16]

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28 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA 18. FREEDOM OF RELIGION

OVERVIEW

18.01 The United States State Department (USSD) 2009 International Religious Freedom Report on Tanzania, published on 26 October 2009, stated:

“The constitution provides for freedom of religion, and other laws and policies contributed to the generally free practice of religion.

“The Government generally respected freedom of religion in practice. There was no change in the status of respect for religious freedom by the Government during the reporting period.

“There were a few reports of societal abuses or discrimination based on religious affiliation, belief, or practice.

“…the law at all levels protects this right in full against abuse, either by governmental or private actors.

“The Government observes the following religious holidays as national holidays: Maulid, Good Friday, Easter Monday, Eid al-Fitr, Eid al-Hajj, and Christmas.” [3c]

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RELIGIOUS DEMOGRAPHY

18.02 The USSD 2009 International Religious Freedom Report on Tanzania stated:

“The Government does not gather religious identification data in its census as a matter of policy. However, recent information suggests that 62 percent of the population is Christian, 35 percent is Muslim, and 3 percent are members of other religious groups.

“On the mainland, Muslim communities are concentrated in coastal areas, with some large Muslim minorities also in inland urban areas. Between 80 and 90 percent of the Muslim population is Sunni; the remainder consists of several Shi’a subgroups, mostly of Asian descent. The Christian population is mostly composed of Roman Catholics, Protestants, Pentecostals, Seventh-day Adventists, members of The Church of Jesus Christ of Latter-day Saints (Mormons), and Jehovah’s Witnesses. Other active religious groups include Buddhists, Hindus, Sikhs, and Baha’is. Zanzibar is 98 percent Muslim.” [3c]

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 29 T ANZANIA 3 SEPTEMBER 2010

RESTRICTIONS ON RELIGIOUS FREEDOM

18.03 The USSD 2009 International Religious Freedom Report on Tanzania stated:

“Religious organizations must register with the Registrar of Societies at the Ministry of Home Affairs on the mainland and with the Chief Government Registrar on Zanzibar. Religious organizations must have at least 10 followers to register, provide a written constitution, resumes of their leaders, and letter of recommendation from their district commissioner. In addition, groups registering on Zanzibar must provide a letter of approval from the Mufti.

“…public schools may teach religion, but it is not part of the national curriculum. Parents or volunteers teach religion on an ad hoc basis. School administration and/or parent and teacher associations must approve the classes.

“…religious organizations are banned from involvement in politics, and politicians are restricted from using language intended to incite one religious group against another or to encourage religious groups to vote for certain political parties. The law imposes fines and jail time on political representatives who campaign in houses of worship or educational facilities.” [3c]

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19. ETHNIC GROUPS

19.01 The Everyculture.com website (accessed on 5 August 2010) provided the following information regarding Tanzania’s ethnic groups:

“Within the borders of Tanzania co-exist approximately 120 ethnic groups speaking languages representing all four major African language groups. These include Khoisan, or ‘click’ speaking hunter-gatherers, Nilotic-speaking pastoralists (such as the Maasai), Cushitic speakers, and Bantu speakers; the latter predominate in terms of population size. The largest ethnic groups include the Sukuma (over three million), and the Chagga, Haya, and Nyamwezi (over one million each). Despite the tremendous cultural and linguistic diversity among Tanzanians, ethnic groups are united by the use of a common language - Swahili - and a sense of national identity. The growing number of refugees (from neighboring Rwanda, Burundi, and Uganda in particular) do not appear to have caused serious ethnic tensions, but they have become a serious strain on the economy and the local environment.” [10]

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30 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA

LANGUAGES

19.02 The Everyculture.com website provided the following information regarding the languages spoken in Tanzania:

“While each ethnic group speaks its own local language, almost all Tanzanians are also fluent in the national language, Swahili (Kiswahili in Swahili), a coastal Bantu language strongly influenced by Arabic. The second official language is English, a vestige of the British colonial period. Most Tanzanians with postsecondary educations [sic] speak both official languages fluently in addition to their tribal language. Nyerere encouraged the adoption of Swahili for all Tanzanians in a concerted and successful effort to enable people from different parts of the country to communicate with one another and to encourage them to identify themselves as one people. The use of a single common language has greatly facilitated trade, political debate, nationalism, information dissemination, and conflict resolution.” [10]

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20. LESBIAN, GAY, BISEXUAL AND TRANSGENDER PERSONS

LEGAL RIGHTS

20.01 The State-sponsored Homophobia report, published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association in May 2010, stated that homosexual acts are illegal in Tanzania. According to the Tanzanian Penal Code of 1945 (as amended by the Sexual Offences Special Provisions Act, 1998), any person who has “carnal knowledge of any person against the order of nature” or “permits a male person to have carnal knowledge of him or her against the order of nature commits an offence”. The maximum penalty for these offences is a sentence of imprisonment for life, and the minimum penalty is a prison sentence of thirty years. [11]

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TREATMENT BY, AND ATTITUDE OF, STATE AUTHORITIES

20.02 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, also stated that homosexual acts are illegal in Tanzania, but its information regarding the penalties for these acts differs from the source used in the previous paragraph:

“Homosexuality is illegal. The penal code makes it an offense punishable by up to five years in prison to have carnal knowledge of any person of the same sex. The law in Zanzibar establishes a penalty of up to 25 years' imprisonment for men who engage in homosexual relationships and seven years for women in lesbian relationships. There were no reports that anyone was punished under the law during the year [2009]. However, gays and lesbians faced societal discrimination.” [3b] (section 6)

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 31 T ANZANIA 3 SEPTEMBER 2010

SOCIETAL TREATMENT AND ATTITUDES

20.03 A report published by The Citizen (Tanzanian newspaper) on 15 July 2009 stated:

“Human rights campaigners have filed a report with the United Nations, complaining against Tanzania's violation of the rights of lesbians, gays, bisexuals and transgender (LGBT) persons.

“The report submitted this month [July 2009] to the Human Rights Committee of the UN, seeks to highlight the social and legal obstacles that hinder the freedom of the groups with this type of social relations.

“The report was filed by three non-governmental organisations: the Centre for Human Rights Promotion in East Africa, International Gay and Lesbian Human Rights Commission, and the Global Rights.

“Mr Julius Kyaruzi, coordinator of LGBTI support unit in Tanzania; Ms Monica Mbaru, Africa Programme coordinator for IGLHRC; and Mr Stefano Fabeni, director for LGBTI Initiative for Global Rights, were behind the effort.

“They hoped the release of the report would raise their plight and inspire Government attention.

“The three NGOs argue that Tanzania still maintained laws that invade their privacy and create inequality.

" ‘They relegate people to inferior status because of how they look or who they love. They degrade people's dignity by declaring their most intimate feelings unnatural or illegal,’ read part of the report.

“Because of the criminalisation and stigmatisation, they said careers and lives had been destroyed, while promotion of violence and impunity was the daily suffering by the LGBT that drive them underground to live in invisibility and fear.

“Among many petitions, the three bodies are pushing for amendment of the Penal Code decriminalising private, consensual, adult same-sex sexual activity as well as reviewing the HIV and Aids (Prevention and Control) Act, 2008, to provide ‘access to HIV preventive information and services’ to LGBT.” [12a]

20.04 The same report published by The Citizen also quoted the views of religious leaders on the subject of homosexuals:

“Auxiliary Bishop Method Kilaini of the Dar es Salaam Roman Catholic Archdiocese said lesbians and gays habits were unlawful and harmful to the society and that the practices should not be tolerated.

“ ‘A man should marry a woman and the two shall form a family, so says the Bible,’ stressed Bishop Kilaini. However, he said gays and lesbians were part of the community, and should be treated like any other people.

32 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA “Mr Muhidin Hassan, head of Pilgrimage Department at the National Muslim Council of Tanzania (Bakwata), strongly opposed the presence of such groups of people in society.

“But [Hassan] favoured the idea of extending HIV preventive information and services to such groups.” [12a]

See also HIV/AIDS – ANTI-RETROVIRAL TREATMENT

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21. DISABILITY

21.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“The constitution prohibits discrimination against persons with disabilities, but there is no implementing law to prevent discrimination under this provision. Persons with physical disabilities were effectively restricted in employment, education, access to health care, and other state services by physical barriers and inadequate financial resources. Although the government mandates access to public buildings, transportation, and government services for persons with disabilities through several pieces of legislation, few buildings were accessible. Many buildings were constructed before this requirement came into force, and no funds were available for retrofitting existing structures. However, new public buildings were being built in compliance with the law. The law mandates that 2 percent of total employment be offered to persons with disabilities. However, this stipulation was not enforced.

“…the Ministries of Education, Justice, and Labor were responsible for enforcing the protection of rights of persons with disabilities for education, legal claims, and labor rights, respectively. The Department of Social Welfare had responsibility for coordinating matters related to persons with disabilities.

“There were approximately 2.4 million persons with disabilities in the country. The National Strategy for Economic Growth and Development provides for social services for the disabled and there have been some efforts to ensure social services were delivered. Action on Disability and Development, a UK-based NGO, reported that persons with disabilities were marginalized and often lived in abject poverty due to inadequate support mechanisms.” [3b] (section 6)

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 33 T ANZANIA 3 SEPTEMBER 2010 22. WOMEN

OVERVIEW

22.01 The Freedom in the World 2010 report, published by Freedom House on 3 May 2010, stated:

“Women’s rights are guaranteed by the constitution, but are not uniformly protected. Traditional or Islamic customs that discriminate against women prevail in family law, especially in rural areas and in Zanzibar, and women enjoy fewer educational and economic opportunities than men. Domestic violence against women is reportedly common and rarely prosecuted. Nevertheless, women are relatively well represented in parliament, with over 30 percent of seats. Human rights groups have sought laws to bar forced marriages, which are most common among Tanzania’s coastal peoples.” [9]

22.02 The United Nations Population Fund (UNFPA), in its website (accessed on 17 August 2010), stated the following concerning women’s issues in Tanzania:

“As part if [sic] its mandate, UNFPA supports the United Republic of Tanzania in advancing gender equality and promoting the empowerment of women at different levels; and in collaboration with various national and international partners.

“In recent years, progress has been made towards gender equality in many areas in Tanzania. For example, gender parity in primary school has become a reality and the number of female parliamentarians in Tanzania Mainland and Zanzibar has increased. Also, various sectors have formulated gender responsive policies. However, despite these achievements, gender inequality still remains a challenging reality in various spheres of life in Tanzania.

“More women than men are illiterate. In Tanzania mainland 36% of women compared to 20% of men are not able to read and write (respectively 30% of women compared to 17% of men in Zanzibar). Also, women are more affected by and infected with HIV/AIDS. With an HIV prevalence of 5.7 in Tanzania, the prevalence rate among women is higher, with 6.6% compared to 4.6% among men. Furthermore, maternal mortality remains high and accounts for 578 deaths per 100,000 deliveries in Mainland Tanzania. Gender Based Violence (GBV) remains a major public constraint with consequences that primarily affect women and children.” [28]

22.03 Regarding the ratification of international conventions relating to women’s rights and gender equality, UNFPA, in its website, stated the following:

“Tanzania has ratified various international and regional agreements and conventions in relation to women's rights and gender equality. UNFPA supports its partners in implementing and monitoring those agreements and conventions and hence in fulfilling its commitments.

“On the international level, Tanzania has for example signed and ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) www.un.org/womenwatch/daw/cedaw which has a strong focus on women's rights to health and reproductive health in particular. Tanzania is also a signatory of the 1994 Cairo International Conference on Population and Development (ICPD) Programme of Action www.unfpa.org/icpd/icpd.cfm in which women's rights, advancement and health are central elements; and of the 1995 Beijing Declaration and Platform of Action of the Fourth World Conference on Women (FWCW) www.un.org/womenwatch/daw/beijing,

34 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA reinforcing commitment to promote gender equality, development and peace for all women worldwide. In 1999, together with all other UN member states, Tanzania adopted the Millennium Development Declaration www.un.org/millenniumgoals/poverty.shtml which shows a strong gender component with Millennium Development Goal (MDG) number 3 aimed at promoting gender equality and empowering women. Other goals, such as MDG 5 on maternal health respectively are also directly related to the aim of promoting gender equality. Regional commitments include the Southern African Development Community (SADC) Declarations on Gender and Development and the Declaration on Gender Equality in Africa (EGA).” [28]

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LEGAL RIGHTS

22.04 The United States State Department (USSD) 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“Inheritance and marriage laws do not consistently provide full equality for women, and in practice women's rights often were not respected. The Ministry of Community Development, Women, and Children and the Ministry of Justice and Constitutional Affairs were responsible for protecting the legal rights of women. Discrimination against women was most acute in rural areas. Rural women had little opportunity to attend school or obtain wage employment.

“In family matters the content and application of some customary and Islamic laws was viewed by many as discriminatory against women.

“The law gives individuals the right to use, transfer, and occupy land without distinction of gender, and recognizes women's occupancy rights (all land in Tanzania belongs to the government), but implementation was difficult because most women were unaware of the law. Historically, rural women did not own land or manage businesses because of cultural constraints and lack of education. Civil society activists reported widespread discrimination against women in property matters related to inheritance and divorce. This was particularly the case in Zanzibar, but also in some parts of the mainland, where activists maintained that judges relied on customary and Islamic law in discriminatory fashion. Women were particularly vulnerable if they initiated the separation from their partners or if their partners died.

“In Zanzibar women between the ages of 18 and 21 who became pregnant out of wedlock could be sentenced to perform community service set by the Zanzibar director of public prosecution. The provision was not applied during the year.” [3b] (section 6)

22.05 According to the Social Institutions and Gender Index (accessed on 5 August 2010):

“The rights of Tanzanian women within the family are poorly protected. The minimum legal age for marriage is 15 years for women and 18 years for men, but the law allows exceptions for girls aged 14 years under ‘justifiable’ circumstances. The Penal Code permits citizens of African or Asian origin to marry off their daughters younger than 12 years old, provided the marriage is not consummated until the girls reach this age. There is a high incidence of early marriage in Tanzania: a 2004 United Nations report

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 35 T ANZANIA 3 SEPTEMBER 2010 estimated that 25 per cent of girls between 15 and 19 years of age were married, divorced or widowed.

“Tanzanian law recognises three types of marriage: monogamous, polygamous and potentially polygamous. Polygamy requires the agreement of the first wife. Almost one- quarter of Tanzanian women live in polygamous marriages.

“By law, mothers and fathers in Tanzania have equal rights in regard to parental authority, but many traditional practices discriminate against women. If a couple separates, it is customary for the children to remain with the mother until the age of seven. When deciding which parent should be granted custody, courts are obliged to consider the traditions of the community to which a couple belongs.

“In the matter of inheritance, the government and the judicial system recognise customary and Islamic laws, both of which contain provisions that discriminate against women. The Law Reform Commission has drafted amendments to remove discriminatory measures from existing inheritance laws, but the government is not yet ready to implement these amendments.

“…the government of Tanzania has taken steps to improve legislation in regard to women’s ownership rights, but restrictive customary laws are still very widespread. The 1999 Land Act gives Tanzanian women the right to obtain access to land, including the right to own, use and sell land. The Village Land Act ensures that women are represented on land allocation committees and land administration councils. Although Tanzania’s Law of Marriage Act grants women certain ownership rights, including access to property other than land, customary and Islamic laws that undermine these rights prevail within the Muslim community.” [13]

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POLITICAL RIGHTS

22.06 The USSD 2009 Human Rights Report on Tanzania stated:

“The law requires that women occupy at least 30 percent of seats in parliament. The political parties appoint women to serve in seats set aside for them according to the percentage of votes their parties win. After the 2005 elections there were 75 special seats for women, and at year's end there were 91 women in the 320-seat parliament. After taking office in 2005, President Kikwete appointed seven women ministers (compared with four in the former administration) and 10 women deputy ministers. At year's end, however, there were seven women ministers and three deputy ministers. More than 20 of the 55 high court judges were women, and one woman served as a justice of the Union Court of Appeal. Women held 18 seats in the 81-seat Zanzibar House of Representatives and four positions in the cabinet of the Zanzibar government.” [3b] (section 6)

See also Political system and Political affiliation

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36 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA VIOLENCE AGAINST WOMEN

Domestic violence

22.07 The USSD 2009 Human Rights Report on Tanzania stated:

“Domestic violence against women remained widespread. The law prohibits assault but does not specifically prohibit spousal battery or protect women from gender-based violence. There is no unified legal code protecting women. Disparate provisions of various statutes offer ineffective safeguards against gender-based violence.

“Cultural, family, and social pressures often prevented women from reporting abuses, and authorities rarely took action against persons who abused women. Police reportedly were often reluctant to pursue domestic abuse cases, viewing them as family matters. However, domestic violence was increasingly viewed as unacceptable. During the year there were prosecutions and convictions for spousal abuse of husbands who beat their wives. There were also rare cases of husbands who took their wives to court for abuse. NGOs such as Kiwohede and TAWLA [Tanzania Women Lawyers Association] regularly educated the public about the laws concerning spousal abuse and provided education and shelter assistance to victims.

“The courts recognized domestic violence as grounds for divorce. However, women often tolerated prolonged domestic abuse before seeking a divorce. Women in urban areas who sought advice from legal aid clinics most commonly cited domestic abuse as the reason for wanting a divorce.

“During the year [2009] NGOs led efforts to sensitize society to the issue of domestic violence. Through an extensive television advertising campaign, they encouraged women to speak out about the issue.” [3b] (section 6)

22.8 According to the Social Institutions and Gender Index (accessed on 5 August 2010):

“The physical integrity of Tanzanian women is not sufficiently protected. In fact, the number of complaints filed in relation to violence against women has increased in recent years. Such violence remains very widespread, and the law neither prohibits nor punishes domestic violence. More than half of Tanzanian women are thought to have been beaten by their husbands; many men and women consider such acts legitimate if the husband objects to his wife’s behaviour. A more serious problem is that many women are killed by their husbands or commit suicide after being subjected to domestic violence. The police do not generally intervene in domestic disputes.” [13]

22.09 The Canadian Immigration and Refugee Board provided more information about domestic violence in Tanzania, published in a Response to Information Request, dated 15 July 2008:

“The government of Tanzania has adopted several laws to enhance women's rights, including the Sexual Offences Special Provisions Act, 1998 (SOSPA) (Tanzania 1 July 1998), which offers protection to women and children from sexual harassment and abuse. However, several sources have pointed out that SOSPA does not specifically address marital rape… nor domestic violence.

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 37 T ANZANIA 3 SEPTEMBER 2010 “Although the Law of Marriage Act Number 5 of 1971 (LMA) prohibits the use of corporal punishment against a spouse…Equality Now, an organization that advocates for women's rights around the world notes that Tanzania's Penal Code does not make any corresponding provisions for punishing violators, thus failing to provide victims of domestic violence with an opportunity to obtain legal redress. A statement on the Government of Tanzania's website mentions plans to redraft the LMA but does not give details.” [29]

22.10 An article, dated 8 March 2009, published in the Women’s Net website stated:

“The most recent figures available, from the WHO’s [World Health Organization] 2005 Multi-country Study on Women’s Health and Domestic Violence against Women, showed that 41 percent of women interviewed in Dar es Salaam, and 56 percent of women in Mbeya, had ever experienced physical or sexual violence at the hands of a partner. In both sites, 60 percent of those women had never sought help from any formal service or authority.

“Organisations like WLAC [Women’s Legal Aid Centre] and the Tanzania Women Lawyers Association (TAWLA) have attributed the rise in domestic violence to growing poverty and changing gender roles, among other things.

“…WLAC and TAWLA both said the number of clients they work with each year has on the rise in recent years and is now well into the thousands.

“But both organisations focus solely on providing legal counsel for civil trials involving property, child custody and alimony, and they do not help women to press criminal charges against partners who physically or sexually assault them.

“…the police force, which has historically been criticised for being soft on domestic abuse cases, has been trying in the last few years to grow more sensitive to women’s issues across the board.

“For its Gender-Based Violence Desk, which has been operating on a trial basis in Dar es Salaam since November [2008] but will officially launch this week, the police have trained both male and female officers to deal with domestic violence cases at each of the city’s 18 police stations.

“According to the desk’s secretary, Alice Mapunda, women now file gender-based violence reports in separate rooms instead of in the station’s lobby, and they can also elect to deal with female officers exclusively.

“Nationwide, they began incorporating gender-based violence into the curriculum for police training late last year [2008], but Mapunda said it will take time for that training to reach every corner of the country.

“…though Mapunda said there are plans to expand the gender-based violence desks throughout the country, their concentration in Dar es Salaam speaks to a generally disproportionate distribution of resources in Tanzania.

“Maimunda Kanyamala, the director of Kivulini, a Mwanza-based women`s rights group, says though resources and education is more accessible in urban areas, spousal abuse is far more common in rural areas, where police stations are sparse, cultural traditions may be more ingrained and women may feel more reluctant to report abuse because of stigma or lack of money.” [30]

38 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA Return to contents

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Rape

22.11 The USSD 2009 Human Rights Report on Tanzania stated:

“The law provides for life imprisonment for persons convicted of rape, including spousal rape, and rape continued to be a serious problem. During the year several persons were prosecuted and convicted for rape and battery, although an estimated 80 percent of rape victims did not report their cases. During the year [2009] there were 7,325 reported rape cases, 2,969 prosecutions, 362 convictions, and 67 acquittals.

“In August [2009] Zanzibar's Ministry of Labor, Youth Development, Women, and Children announced the creation of committees in each region to combat rape. Between January and October there were 551 rape cases treated at the Mnazi Mmoja hospital in Zanzibar.

“A survey released in July 2008 by the Tanzania Media Women's Association indicated that efforts to fight violence against women in Zanzibar were undermined by insensitivity to gender-based violence by the police, the judicial system, and hospital workers. According to the survey, communities considered violence against women as a private matter and discouraged victims from taking legal action. Furthermore, the survey concluded that the way police and hospitals handled such cases discouraged victims from seeking legal remedies. Respondents stated that some police officers made humiliating comments to women who reported cases of rape, and sometimes asked for a bribe for their cases to be processed.” [3b] (section 6)

22.12 According to the Social Institutions and Gender Index (accessed on 5 August 2010):

“In 1998, the government passed a law on sexual assault, which addresses both rape and incest. The law also criminalises spousal rape, but only if the couple is legally separated. Rape is now punishable by life imprisonment or by 30 days in prison with corporal punishment; offenders must also pay financial compensation to their victims. Despite these measures, rape remains a serious problem. More than 10 per cent of Tanzanian women are thought to have suffered a sexual assault, but this figure may be low because very few women register complaints.” [13]

See also Human Rights - Introduction and Trafficking - Overview

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 39 T ANZANIA 3 SEPTEMBER 2010 23. CHILDREN

Basic legal information

23.1 A 2005 academic study by Christina Maganga, entitled Administration of Juvenile Justice In Tanzania - A study of its compatibility with International Norms and Standards, provided the following information:

“According to the Age of Majority Act, the age of majority is attained at 18 years, which means that any person below 18 is a minor. The Employment Ordinance (CAP366) defines a child as a person under [the] apparent age of 15 years and a young person as a person over 15 but the apparent age of 18 years. Under the Constitution of United Republic of Tanzania only those persons 18 years and above can vote and be elected. For purposes of entering into contracts 18 years is the age at which one can have legal capacity as per the Contract Ordinance. The Law of Marriage Act, 1971 [stipulates that] the minimum age for marriage is 15 for girls and 18 for boys. The Adoption Ordinance defines a child to mean a person under 21 years of age, but does not include a person who is or has been married, the Children and young Persons Ordinance defines a child as a person under the age of 12 and young person over 12 but under [the] apparent age of 16. Defense Forces Regulations restricts children under 15 years to be employed in the army, The [sic] Minimum Sentence Act defines a juvenile as a person under 18 years while [the] Corporal Punishment Ordinance defines a juvenile as person under the age of 16. The Criminal Procedure Act provides that trials should be conducted in [sic] camera where an accused person is under 18 years of age.” [14]

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LEGAL RIGHTS

23.2 According to the African Child Information Hub website (accessed on 5 August 2010):

“Tanzania’s Parliament, the Bunge, passed a bill known as the Law of the Child Act 2009. This landmark legislation effectively domesticates the UN Convention of the Rights of the Child (CRC) and provides the legal framework through which the rights of the country’s children can be protected and realized.

“Nineteen years ago, the Government of Tanzania signed the CRC, which it ratified in 1991. Yet legal protections for children were scattered among many statutes, and many laws were outdated, having been derived from the colonial era. These inadequate laws provided scarcely any protection for children at risk.

“…the Law of the Child reflects many of the most serious challenges facing children in Tanzania today. It addresses such issues as non-discrimination, the right to a name and nationality, the rights and duties of parents, the right to opinion and the right to protection from torture and degrading treatment.

“The law lays out the system for ensuring justice for children, whether they come into contact with the legal system as offenders, witnesses or victims. And it defines processes to ensure protection for children without families, including international adoption.” [15]

40 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA Return to contents

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VIOLENCE AGAINST CHILDREN

23.03 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“Corporal punishment in schools remained a problem. Caning was supported by a law that allows head teachers to cane a student for a documented serious offense. Following public outreach by the government and the media, the practice has begun to decline.

“…under the law sexual intercourse with a child under 18 years is considered rape regardless of consent; however, the law was not effectively enforced. Child sexual abuse remained a problem. There were several convictions during the year; most persons convicted for the sexual abuse of children were given the maximum sentence of 30 years' imprisonment.

“The law criminalizes child pornography and child prostitution; however, sexual exploitation and trafficking in persons, including children, were problems. Persons found guilty of such offenses are subject to a fine ranging from Tanzanian shillings one million ($740) to 500 million ($370,000) and/or a prison term of one to 20 years.

“There were reports that individuals practicing witchcraft killed children, especially children with albinism, for their body parts. For example, in October [2009] a ten-year- old boy with albinism was killed by attackers who were trying to remove one of his lower limbs. His body was buried in concrete to ensure the attackers did not return to steal his bones. At year's end no one had been charged for the killing.

“Infanticide continued to be a problem, especially among poor rural mothers who believed themselves unable to afford to raise a child.” [3b] (section 6)

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Female genital mutilation (FGM)

23.04 The USSD 2009 Human Rights Report on Tanzania stated:

“The law prohibits FGM; however, it continued to be practiced by some tribes and families. Statutory penalties for FGM on girls under 18 ranged from five to 15 years' imprisonment, a fine, or both, but those who conducted the illegal procedure were rarely prosecuted. The law also provides for the payment of compensation by the perpetrator to the person against whom the offense was committed.

“The law provides that anyone who has custody, charge, or care of a girl under 18 and who causes her to undergo FGM commits the offense of cruelty to children. The penalty for such an offense is imprisonment of up to 15 years and/or a fine of Tanzanian shillings 300,000 ($220).

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 41 T ANZANIA 3 SEPTEMBER 2010 “According to 2005 data, the Ministry of Health estimated that 5 to 15 percent of women and girls underwent FGM; their average age was less than 10 years old and reportedly included some newborns. FGM was practiced by approximately 20 of the country's 130 tribes and was most prevalent in the mainland regions of Arusha, Singida, Kilimanjaro, Morogoro, and Dar es Salaam. In other parts of the country, less than 5 percent of the population practiced FGM. Clitoridectomy, a less severe form of FGM, was employed most frequently; however, infibulation, the most severe form, was also practiced, mainly in the northern highlands and the central zone.

“On June 15 [2009], a local government officer in Singida stated that 254 out of 1,046 women in Manyoni District of the Singida Region who delivered in health clinics were circumcised.

“In June 2008 it was reported that infants below one year of age in Makiungu village, Singida Region, were subjected to FGM by their mothers, unlike in the past when the procedure was performed by traditional healers called ‘ngaribas.’ AFNET, an NGO dealing with women's rights, reported that 47 out of 59 infants and girls up to age five who attended a village clinic in Singida Region had undergone FGM.

“There were no reports of prosecutions related to FGM during the year. Enforcement of the anti-FGM law was difficult for a number of reasons: many police officers and communities were not aware of the law, victims were often reluctant to testify, and some witnesses feared reprisals from supporters of FGM. Corruption was also a factor; some villagers reportedly bribed local leaders not to enforce the law in order to carry out FGM on their daughters.

“The government continued to implement the 2001-15 National Plan of Action for the Prevention and Eradication of Violence Against Women and Children. This strategy sought the elimination of FGM by involving both male and female practitioners and community leaders. Anti-FGM groups urged parliamentarians and local officials to take a more active role in enforcing the law.

“During the year [2009] the government and NGOs continued to make progress toward eliminating the practice of FGM. In 2008 the government embarked on an education program for magistrates, police officers, doctors, and community development experts on FGM. The Anti-Female Genital Mutilation Network and a coalition of anti-FGM NGOs engaged in awareness-raising activities and conducted research on FGM. Anti-FGM groups continued their attempts to educate the ngaribas about the harmful effects of FGM and to train them for other occupations. The chairman of the Tanga Regional Committee for Culture and Traditions reported in July 2008 that incidents of FGM declined during the year in Mkinga district, Tanga Region, following efforts by local communities to educate villagers about the long term and ill effects of FGM. In some areas there were reports of local clinics educating ngaribas on basic nursing skills to assist with community health education.” [3b] (section 6)

23.5 According to the Social Institutions and Gender Index (accessed on 5 August 2010):

42 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA “Female genital mutilation (FGM) is common in Tanzania. On a national scale, it is estimated that one in six women have been subjected to the practice but the incidence varies widely from region to region. Circumcision is the most common form of excision, but infibulation (which involves closing the outer lips of the vulva) is also practised, mainly in the northern and central Tanzania. The practice is systematic in some ethnic groups; others groups are believed to prohibit women who have not undergone FGM from marrying. In 1998, the government passed a law stipulating that anyone found practising FGM on a woman younger than 18 years of age can be given a prison sentence of 5 to 15 years. To date, no such sanctions have been imposed by the courts. According to some sources, the number of Tanzanian women who want FGM to continue is very low.” [13]

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EDUCATION

23.06 The USSD 2009 Human Rights Report on Tanzania stated:

“Primary education was compulsory, free, and universal on both the mainland and Zanzibar through the age of 15 for all children; however, there were inadequate numbers of schools, teachers, books, and other educational materials to meet the demand.

“During the year [2009] fees continued to be charged for school enrollment beginning in form one, the equivalent of the first year of high school. As a result, many children did not have access to a complete secondary education. The responsibility to pay for books, uniforms, and school lunches fell primarily to parents.

“Girls represented roughly half of all those enrolled in primary school but were absent more often due to household duties. Overall school completion rates were the same for boys and girls: 56 percent for primary school and 33 percent for secondary.” [3b] (section 6)

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HEALTH AND WELFARE

23.07 A report published by The Citizen (Tanzanian newspaper) on 16 June 2008 stated:

“Tanzania marks Africa's Children Day today [16 June 2008] with one of the highest child and maternal mortality rates in the world.

“The country, like many other sub-Sahara African countries, is still one of the most difficult places in the world for a child to survive up to the age of five.

“Acording [sic] to the United Nations Children's Education Fund (Unicef), Tanzania records 578 deaths per 100,000 live births.

“Also one in every 6 children does not reach its fifth birthday in the country, just like in other countries in the region, Unicef deputy country representative Hasmik Egian said in an interview with The Citizen recently.

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 43 T ANZANIA 3 SEPTEMBER 2010 “She said although latest figures represented a 14 per cent reduction, the rate remained by far the highest of under-five mortality in the world.

“Attributed to the high rate were several health care problems such as shortages of trained community health workers, inadequate coordination of diverse stakeholders and insufficient funding.

“Tanzania faces a number of health challenges, and despite this, the Government's national budget allocation for the health sector still falls short of the Abuja target of 15 per cent. The sector is currently getting 10 per cent.

“Other problems facing the sector are irregular supplies of drugs and equipment, poor support and supervision of health workers, entrenched traditional childcare practices, and the low economic and social status of women.” [12b]

See also Human Rights - Introduction; Trafficking – Overview; Medical Issues

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24. TRAFFICKING

OVERVIEW

24.01 The United States State Department (USSD) Trafficking in Persons Report 2010, published on 14 June 2010, stated:

“Tanzania is a source, transit, and destination country for men, women, and children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. The incidence of internal trafficking is higher than that of transnational trafficking, and is usually facilitated by family members, friends, and brokers’ offers of assistance with education or finding lucrative employment in urban areas. The use of young girls for forced domestic labor continues to be Tanzania’s largest human trafficking problem. Girls from rural areas of Iringa, Singida, Dodoma, Mbeya, Morogoro, and Bukoba regions are taken to urban centers and Zanzibar for domestic servitude; some domestic workers fleeing abusive employers fall prey to forced prostitution. Tourist hotels reportedly coerce some Tanzanian and Indian girls employed as cleaning staff into prostitution. Boys are subjected primarily to forced labor on farms, but also in mines, in the informal sector, and possibly on small fishing boats. Smaller numbers of Tanzanian children and adults are subjected to conditions of involuntary domestic servitude and commercial sexual exploitation in surrounding countries, South Africa, Saudi Arabia, the United Kingdom, and possibly other European countries. During the year, trafficking victims, primarily children, from Burundi, Rwanda, Kenya, and Uganda were identified in Tanzania, particularly in the agricultural, mining, and domestic service sectors.” [3d]

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44 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA GOVERNMENT EFFORTS TO TACKLE TRAFFICKING

24.02 The USSD Trafficking in Persons Report 2010 stated:

“The Government of Tanzania does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Despite these efforts, the government made little progress in implementing its 2008 anti-trafficking law, in part due to poor inter-ministerial coordination and lack of understanding of what constitutes human trafficking; most government officials remain unfamiliar with the act’s provisions or their responsibility to address trafficking. Moreover, the ministries involved in anti-trafficking efforts failed to communicate or cooperate with each other and had no budgetary resources allocated to combating the crime. The government, which has never convicted a trafficking offender, charged only one suspected trafficker during the reporting period and achieved no convictions.

“…the Tanzanian government made negligible anti-human trafficking law enforcement efforts during the reporting period. As in previous years, the government failed to convict trafficking offenses during the reporting period, and was unable to provide information on cases reported in previous periods. The Anti-Trafficking in Persons Act of 2008, which came into effect in February 2009, outlaws all forms of trafficking and prescribes punishments of one to 20 years’ imprisonment, punishments that are sufficiently stringent, but not commensurate with those prescribed for other serious crimes. In November 2009, Parliament passed the Child Act which prohibits but does not prescribe punishment for forced child labor. The government investigated cases of human trafficking, but did not secure any convictions.

“…the government made moderate efforts to prevent human trafficking during the year. Understanding of what constitutes trafficking remained low among government officials and no government ministries launched formal anti-trafficking outreach or awareness raising activities. In December 2009, the Ministry of Foreign Affairs transferred its chairmanship of the inter-ministerial coordinating committee on human trafficking to the Department of Social Welfare; this committee, which only meets once a year, has, since its establishment in 2006, been an ineffective mechanism for information sharing or coordination of national anti-trafficking efforts. The Ministry of Labor’s Child Labor Unit could not provide data on the number of child labor complaints it received in 2009 or the number of exploited child laborers identified and withdrawn by its 90 Labor Officers; inspectors continued to face myriad challenges, including chronic understaffing and lack of transportation to inspection sites.” [3d]

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 45 T ANZANIA 3 SEPTEMBER 2010 PROTECTION

24.03 The USSD Trafficking in Persons Report 2010 stated:

“The Tanzanian government’s efforts to protect victims of trafficking during the reporting period were modest and suffered from a lack of resources. It continued to rely on NGOs to provide care for victims of trafficking; NGO facilities for shelter and specialized services were limited to urban areas. While the government lacked systematic victim referral procedures, NGOs reported that police, social welfare officers, and community development officers identified and referred approximately 47 trafficking victims to their organizations for protective services in 2009; these government officials also occasionally provided food, counseling, and assistance with family reunification…a 24- hour crime hotline staffed by police officers was available for citizens to make reports about suspected trafficking victims; the hotline received no trafficking tips in 2009. The government usually treated foreign victims as illegal migrants and housed them in prisons until deportation. The Anti-Trafficking in Persons Act provides foreign victims legal alternatives to their removal to countries where their safety or the safety of their families may be endangered; the government did not encounter a case that necessitated utilizing these provisions during the reporting period. In December 2009, the Ministry of Health and Social Welfare signed an MOU with IOM to build the capacity of the Department of Social Welfare to assist victims of trafficking.” [3d]

See also Human Rights - Introduction ; Children ; Women

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25. MEDICAL ISSUES

OVERVIEW OF AVAILABILITY OF MEDICAL TREATMENT AND DRUGS

25.01 According to the United Nations IRIN Humanitarian Country Profile on Tanzania (April 2007 version):

“Tanzania's public health service suffers from a chronic lack of resources leading to low quality healthcare; many poor and vulnerable families often lack access to health services.

“Malaria is the leading cause of inpatient and outpatient consultations and the major child killer. Nationally it accounts for 30 percent of the total disease burden.

“The estimated number of malaria cases ranges from 14 to 19 million per year, with the number of deaths estimated at between 100,000 and 125,000, of which about 80,000 are children under five.

“Health economists estimate that the economic impact of malaria through loss of production and time at work results in the equivalent loss of 3.4 percent of GDP.

“Most of the diseases affecting the population in Tanzania are attributable to preventable causes including HIV/AIDS, measles and malnutrition.

“The poor health status of children is also affected by the lack of basic health services and clean water particularly in rural areas. The population with increased access to

46 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA water rose from 32 percent in 1990 to 62 percent in 2004.

“…non-communicable diseases, including diabetes, hypertension, and cardiovascular diseases, due to lifestyle changes are also increasingly accounting for a rise in hospital admissions.

“At least 30 percent of the population is also malnourished, according to the UN World Food Programme and 22 percent of children younger than five are underweight for their age, according to UNDP.” [17]

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HIV/AIDS – ANTI-RETROVIRAL TREATMENT

25.02 A report about ARV drugs published in the Africa Online website, dated 30 December 2009, stated:

“Tanzania has started withdrawing an anti-retoviral [sic] drug, Stavudine, used in treatment of HIV following reports of its adverse side effects on patients, the Ministry of Health and Social Welfare said Wednesday.

“Though the World Health Organisation (WHO) has recommended withdrawal of the drug to be replaced with safer types, there are fears that available replacements, such as Tenofovir which is the second line drug in treating HIV, are more expensive.

“Reported adverse effects of Stavudine in Tanzania included irreversible toxicity and uneven fat distribution in a patient's body.

“Available statistics, however, show that over 70 percent of patients use the drug along with other expensive types like Zidovudine and Tenofovir.

“Health and Social Welfare Minister, Professor David Mwakyusa, said withdrawal of Stavudine would be gradual, but he could not confirm a deadline for its circulation or what its replacement would be.

“Around two million people in Tanzania are infected with HIV and about a quarter of them are in need of ARVs, according to the National AIDS Control Programme (NACP).

“NACP head of information, education and communication unit, Dr. Bennet Fimbo, said only 250,000 People Living With HIV/AIDS were currently using ARVs.” [18a]

25.03 A more recent report about AIDS in Tanzania published by The Citizen newspaper on 12 July 2010 stated:

“Tanzania, according to Unaids data, has an estimated 1.4 million people living with HIV/Aids. The disease's prevalence rate among adults, relative to 2007 figures, is 6.2 per cent.

“Although the government has committed to ensuring universal access to anti-retroviral (ARV) drugs by 2010, this year, only an estimated 250,000 people have access to ARVs. Close to 200,000 people who need the drugs are unable to access them.

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 47 T ANZANIA 3 SEPTEMBER 2010 “Besides the costs associated with treatment of the disease, including the need to buy supplementary food, ill-treatment at hospitals and general stigma are major barriers affecting access to treatment.” [12c]

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CANCER TREATMENT

25.04 The Ocean Road Cancer Institute is Tanzania’s only specialised medical facility for the treatment of cancer. According to the Institute’s website (accessed on 10 August 2010), “the ORCI is a referral Institute for over 3500 per year new cancer patients from all over the country. The Institute also attends to over 10000 follow-up cancer cases annually.” The Institute provides a wide variety of medical care services, including in-patient and out-patient services for cancer patients, general laboratory services, diagnostic imaging with x-rays, ultrasound, mammography, nuclear medicine, chemotherapy, radiotherapy, palliative care services, and cervical and breast cancer screening. [19]

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DIABETES TREATMENT

25.5 According to the World Diabetes Foundation website (accessed on 10 August 2010), 300,000-350,000 people in Tanzania have diabetes. There are six diabetologists in Tanzania and diabetes treatment is provided by general practitioners. The Tanzania Diabetes Association has been able to provide all regions of Tanzania with clinics funded by various donors. These clinics offer consultations free of charge. Medicines including insulin, oral hypoglycaemic agents, other oral medications, and laboratory tests are provided at subsidised costs. Medical services can be provided for free to diabetics who cannot afford them. [20]

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TUBERCULOSIS TREATMENT

25.06 A report published by the Daily News (Tanzanian newspaper) on 16 November 2009 about tuberculosis stated:

“Tanzania is one of the 22 countries with the highest Tuberculosis burden in the world, despite having a well-functioning TB programme, based on World Health Organisation (WHO) strategy for the last 25 years.

“It is estimated that 40 to 50 per cent of all people infected with HIV/AIDS could develop TB, as it is commonly called. Despite the TB threat, the disease can be treated and the battle can be won if and only if the victims follow medical instruction that is given by specialists.

“The disease kills approximately 32,000 Tanzanians each year, yet laboratory tests for it are slow to provide results, due to inadequate resources and outdated technologies.

“According to the WHO estimates, tuberculosis case detection rate in Tanzania is less than 50 per cent and this poses a major challenge to control it in the country.

48 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA “…while good TB treatment success rates has been achieved using Directly Observed Therapy (DOTS) on a short course basis, low case detection rates remain an obstacle to the long-term success of control programmes in the developing world.

“DOTS coverage in Tanzania is 100 per cent but case detection rates of new smear positive cases have shown a decreasing tendency from 53 per cent in 1998 to 45 per cent in 2005.

“A TB Co-ordinator at Muhimbili National Hospital, Dr Ibrahim Mteza, said a number of efforts have been made by the government, through the Ministry of Health and Social Welfare to increase the number of TB medical centres.

"Earlier the number of TB cases in Tanzania was alarming, but as years pass by the number of cases keeps on dropping even though Tanzania ranks fourteenth in the list of 22 countries.

“Statistics indicate that in 1984 there were 11,000 TB patients countrywide, while in 2004 there were 65,000 patients and in 2007 the number dropped to 62,000. Currently, the number ranges between 61,000 and 60,000 patients.

“…of late, the government through the Ministry of Health and Social Welfare received donation of TB devices from the American people, through the United States Agency for International Development (USAID) and the Programme for Appropriate Technology in Health (PATH), as part of redoubling its efforts to wipe out TB problem in the country.” [21]

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MENTAL HEALTH

25.07 Regarding mental health care in Tanzania, the World Health Organization Mental Health Atlas, published in 2005, provided the following information:

“Mental health is a part of [the] primary health care system. Actual treatment of severe mental disorders is available at the primary level. Most mental patients in Tanzania are initially seen in primary care facilities, dispensaries and health centres or traditional healing practices. Primary mental health care is provided by mental health nurses and general health workers. Some regions provide follow-up psychiatric care to patients as a part of primary health care.

“Regular training of primary care professionals is carried out in the field of mental health. There are community care facilities for patients with mental disorders. Regional mental health coordinators run community-based care for the mentally ill. There are 119 districts with district mental health coordinators. Psychiatric rehabilitation villages in 6 regions accommodate a total of between 80-100 patients at any given time. They provide ‘agriculture psychiatric rehabilitation’, sheltered living conditions for homeless psychiatric patients, continued treatment and training facilities in interpersonal relationships and a sheltered working place. The villages are managed by mental health nurse, nursing assistants, artisans and agriculturists who responsible for the farms. A psychiatrist and medical social worker makes weekly visits.

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 49 T ANZANIA 3 SEPTEMBER 2010 “…in recent years, less than 50% of mental health nurses provide mental health care. There are 10 assistant medical officers in psychiatry. There are 3 centres at the tertiary care level. At this level, there is also a forensic psychiatric unit. In addition, there are 11 regions with psychiatric units with 30-50 general psychiatry beds, which provide care at the secondary level.

“The following therapeutic drugs are generally available at the primary health care level of the country: phenobarbital, amitriptyline, chlorpromazine, diazepam. Availability of psychotropics are variable. More psychotropics are available in large urban centres. There are very few drugs available in the primary care level.” [22]

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26. FREEDOM OF MOVEMENT

26.01 The United States State Department 2009 Human Rights Report on Tanzania, published on 11 March 2010, stated:

“The constitution provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government generally cooperated with the Office of the UNHCR and other humanitarian organizations in providing protection and assistance to refugees and asylum seekers.

“Police at checkpoints sometimes solicited bribes.

“The law does not permit the forced exile of citizens, and the government did not use forced exile in practice.” [3b] (section 2d)

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27. CITIZENSHIP AND NATIONALITY

27.01 The United States Office of Personnel Management Investigations Service Citizenship Laws of the World report, published in March 2001, stated the following about Tanzanian citizenship:

“CITIZENSHIP: All laws are based upon the Tanzanian Citizenship Act No.6 of October 1995.

• BY BIRTH: Birth within the territory of Tanzania, either before or after independence, does not automatically confer citizenship.

• BY DESCENT:

• Person Born before December 9, 1961:

• Person living in Tanzania, who was either a citizen of the United Kingdom and Colonies (UKC) or a British Protected Person (BPP) and at least one of whose parents was born in Tanzania.

• Person born abroad, who was either a citizen of the UKC or a BPP and whose father was eligible for Tanzanian citizenship.

50 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA • Person Born after December 9, 1961:

• Child born in Tanzania, at least one of whose parents is a citizen of Tanzania.

• Child born abroad, whose father is a citizen of Tanzania.

• MARRIAGE: A foreign woman who marries a citizen of Tanzania may register for citizenship.

• BY NATURALIZATION: Tanzanian citizenship may be acquired upon fulfillment of the following conditions: Person is 21 years old, has renounced former citizenship, and has resided in the country for at least five years.

DUAL CITIZENSHIP: NOT RECOGNIZED.

Exceptions:

• Tanzanian child born abroad who obtained the citizenship of the country of birth is allowed to retain the dual citizenship until age 21. Then, one citizenship must be chosen or Tanzanian citizenship will be revoked.

• Tanzanian who marries a foreign national and involuntarily acquires spouse's citizenship is allowed to retain Tanzanian citizenship.

LOSS OF CITIZENSHIP:

• VOLUNTARY: Voluntary renunciation of Tanzanian citizenship is permitted by law.

• INVOLUNTARY: The following is grounds for involuntary loss. Person over age 21 voluntarily acquires foreign citizenship.” [23]

27.02 A report published in The Citizen (Tanzanian newspaper) on 20 January 2010 about dual nationality stated:

“The law to allow Tanzanians to hold dual citizenship should finally be enacted by the end of the year, Foreign Affairs and International Co-operation minister Bernard Membe said yesterday [19 January 2010].

“…Tanzanians living abroad will receive the news with jubilation, as they have for many years campaigned for the introduction of such a law to enable them to belong to both their host countries and their motherland.

“Many have complained that lack of such a law disadvantages them, as it denies them opportunities they could access if they were citizens of the countries where they work.

“…the Dual Citizenship Act, the minister added, would give those abroad the right to adopt the citizenship of their host countries while maintaining their Tanzanian nationality.

“Under the current law, a Tanzanian who adopts the citizenship of another country is automatically stripped of his nationality.” [12d]

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 51 T ANZANIA 3 SEPTEMBER 2010 Annex A

CHRONOLOGY OF MAJOR EVENTS

1886 Britain and Germany sign an agreement allowing Germany to set up a sphere of influence over mainland Tanzania, except for a piece of territory along the coast which remains under the authority of the sultan of Zanzibar. Zanzibar becomes a British protectorate. [25a] (BBC Timeline on Tanzania, 11 August 2010)

1916 British, Belgian and South African troops occupy most of German East Africa. [25a] (BBC Timeline on Tanzania, 11 August 2010)

1919 League of Nations gives Britain a mandate over Tanganyika (mainland Tanzania). [25a] (BBC Timeline on Tanzania, 11 August 2010)

1946 United Nations converts British mandate over Tanganyika into a trusteeship. [25a] (BBC Timeline on Tanzania, 11 August 2010)

1961

May Dr Julius Nyerere becomes prime minister. [24] (Europa World - accessed on 11 August 2010)

9 December Tanganyika becomes an independent country within the British Commonwealth. [24] (Europa World - accessed on 11 August 2010)

1962

9 December Tanganyika becomes a republic and Nyerere becomes the country’s first President. [24] (Europa World - accessed on 11 August 2010)

1963

December Zanzibar (including the island of Pemba), a British protectorate since 1890, became an independent sultanate. [24] (Europa World - accessed on 11 August 2010)

1964

January The Sultan of Zanzibar is deposed and a republic is proclaimed. [24] (Europa World - accessed on 11 August 2010) April The new government of Zanzibar signs an Act of Union with Tanganyika, and adopts the name "United Republic of Tanzania" on 26 April 1964. [3a] (US State Department Background Note on Tanzania, 8 June 2010) October Tanganyika is renamed Tanzania. [24] (Europa World - accessed on 11 August 2010)

52 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA

1965

July A new Constitution is introduced. [24] (Europa World - accessed on 11 August 2010)

1977 The Tanganyika African National Union and Zanzibar’s Afro-Shirazi Party merge to become the Party of the Revolution, which is proclaimed the only legal party. [25a] (BBC Timeline on Tanzania, 11 August 2010)

1979

October A separate Constitution is adopted for Zanzibar, providing for a popularly elected President and a House of Representatives elected by delegates of the ruling party. [24] (Europa World - accessed on 11 August 2010)

1980

January The first elections to the 40-member Zanzibar House of Representatives are held. [24] (Europa World - accessed on 11 August 2010)

October Aboud Jumbe wins an overwhelming majority at Zanzibar’s first presidential election. [24] (Europa World - accessed on 11 August 2010)

1985

January New Constitution for Zanzibar comes into force, providing for the House of

Representatives to be directly elected by universal adult suffrage.

[24] (Europa World - accessed on 11 August 2010)

October Presidential and National Assembly elections held. Ali Hassan Mwinyi, as the sole candidate, wins 96% of the votes cast at the presidential election.

[24] (Europa World - accessed on 11 August 2010)

1992

February A special congress of the Chama Cha Mapinduzi (CCM) party ratifies proposed

constitutional amendments, which allow for a multi-party political

system to be established. [24] (Europa World - accessed on 11 August 2010)

May The Constitutions of both the United Republic and Zanzibar are amended to

enshrine a multi-party political system. [24] (Europa World - accessed on 11

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 53 T ANZANIA 3 SEPTEMBER 2010 August 2010)

1995

October Multi-party legislative elections are held for the first time, concurrently with

presidential elections, both in Zanzibar and throughout the Tanzanian union. In

the elections held on 22 October, the CCM secured 26 of the 50 elective seats in

the Zanzibari House of Representatives, while the Civic United Front (CUF)

took 24 seats. The Tanzanian national elections, on 29 October, were disrupted by

a combination of apparent organizational chaos and further allegations by

opposition parties of electoral fraud. The Government published the

results, whereby the CCM won 186 of the 232 elective seats in the National

Assembly, the CUF 24, the National Convention for Reconstruction and Reform

(NCCR - Mageuzi) 16, and Chama Cha Democrasia na Maendeleo (Chadema)

and the United Democratic Party (UDP) three seats each. Benjamin Mkapa,

hitherto Minister of Science, Technology and Higher Education, was deemed to

have been elected President, winning 61.8% of the votes cast. [24] (Europa World -

accessed on 11 August 2010)

2000

October Presidential elections are held on 29 October 2000. Mkapa is re-elected as

President, securing 71.7% of votes cast; Prof. Ibrahim Lipumba, the Chairman of

the CUF, won 16.3% of the votes cast, Augustine Mrema 7.8% and John Cheyo

4.2%. The participation rate was 84%. At legislative elections, held concurrently,

the CCM secured 244 seats in the National Assembly. The largest opposition

group to obtain representation was the CUF, with 15 seats; the three other

opposition parties (Chadema, the TLP and the UDP) won four, three and two

seats, respectively. [24] (Europa World - accessed on 11 August 2010)

2001

January At least 31 people are killed and another 100 are arrested in Zanzibar in protests

against the government’s banning of opposition rallies calling for fresh elections. [25a] (BBC Timeline on Tanzania, 11 August 2010)

54 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA April Tens of thousands of opposition supporters march through the commercial capital,

Dar-es-Salaam, in the first major joint demonstration by opposition parties in

decades. [25a] (BBC Timeline on Tanzania, 11 August 2010)

2005

October Elections in Zanzibar are held on 30 October 2005. Karume is elected President,

securing 53.2% of the valid votes cast; Hamad received 46.1% and the four other

candidates who contested the presidential election received negligible support. In

the legislative elections, the CCM won 31 seats in the House of Representatives,

and the CUF 18. [24] (Europa World - accessed on 11 August 2010)

December On mainland Tanzania, presidential and legislative elections were held

concurrently on 14 December 2005. The turn-out was officially recorded at 72%

and voting proceeded without notable incident. Kikwete was elected President with

80.3% of the votes cast, while Lipumba received 11.7%. The CCM won 207 seats

in the National Assembly, the CUF 18, Chadema five and the TLP and UDP one

seat each. The CCM received a further 59 of the 75 seats reserved for women (of

the remainder, the CUF received 10 and Chadema six) and six of the 10 seats

reserved for presidential nominees (four remained vacant). [24] (Europa World -

accessed on 11 August 2010)

2006

August The African Development Bank announces the cancellation of more than US$640m

of debt owed by Tanzania and stated that it was impressed with Tanzania’s

economic record and the level of public accountability of public finance. [25a] (BBC Timeline on Tanzania, 11 August 2010)

2008

January President Kikwete dismisses the Governor of the central bank, Daudi

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 55 T ANZANIA 3 SEPTEMBER 2010 Balali, after an external audit revealed that some US$116m worth of fraudulent

payments had been made from the bank's External Payment Arrears account during

the 2005/06 financial year. Balali was replaced by his hitherto deputy, Prof. Beno

Ndulu and some 20 bank employees and a number of prominent businessmen were

arrested in connection with the case. [24] (Europa World - accessed on 11 August

2010)

February Prime Minister Lowassa tenders his resignation in response to the findings of a

parliamentary investigation into his administration’s awarding of a power-generation

contract in 2006; the Minister of Energy and Minerals and the Minister of East

African Co-operation also resigned as a result of their alleged role. [24] (Europa World - accessed on 11 August 2010)

April Andrew Chenge resigns as Minister of Infrastructure Development, following reports

that he was being investigated in relation to corruption inquiries against the British

arms manufacturer, BAE Systems. He was replaced in May 2008. [24] (Europa World - accessed on 11 August 2010)

2009

November The CUF party ends its boycott of Zanzibar’s parliament ahead of upcoming

elections. [25a] (BBC Timeline on Tanzania, 11 August 2010)

2010

July Tanzania joins its neighbours in forming a new East African Common Market,

intended to integrate the region’s economy. [25a] (BBC Timeline on Tanzania,

11 August 2010)

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56 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA Annex B

POLITICAL ORGANISATIONS

Bismillah Party Based in Pemba. Seeks a referendum on the terms of the 1964 union of Zanzibar with mainland. [24] (Europa World - accessed on 12 August 2010)

Chama Cha Amani na Demokrasia Tanzania (CHADETA) Based in Dar es Salaam. [24] (Europa World - accessed on 12 August 2010)

Chama Cha Demokrasia na Maendeleo (Chadema - Party for Democracy and Progress) Based in Dar es Salaam. Chair: Freeman Mbowe; Sec.-Gen. Wilibrod Slaa. [24] (Europa World - accessed on 12 August 2010)

Chama Cha Haki na Usitawi (Chausta - Party for Justice and Development) Based in Dar es Salaam. Founded in 1998. Officially registered in 2001. Chair: James Mapalala. [24] (Europa World - accessed on 12 August 2010)

Chama Cha Mapinduzi (CCM) (Revolutionary Party of Tanzania) Based in Dodoma. Founded in 1977 by merger of the mainland-based Tanganyika African National Union (TANU) with the Afro-Shirazi Party, which operated on Zanzibar and Pemba; sole legal party 1977–92; socialist orientation. Chair: Jakaya Mrisho Kikwete; Vice-Chair: Pius Msekwa, Amani A. Karume; Sec.-Gen: Yusuf Makamba. [24] (Europa World - accessed on 12 August 2010)

Civic United Front (CUF) Based in Zanzibar. Founded 1992 by merger of Zanzibar opposition party Kamahuru and the mainland-based Chama Cha Wananchi; commands substantial support in Zanzibar and Pemba, for which it demands increased autonomy. Chair: Prof. Ibrahim Haruna Lipumba; Sec.-Gen: . [24] (Europa World - accessed on 12 August 2010)

Democratic Party (DP) Based in Dar es Salaam. Founded in 2002. Chair: Rev. Christopher Mtikila [24] (Europa World - accessed on 12 August 2010)

Demokrasia Makini (MAKINI) Based in Dar es Salaam. Officially registered in 2001. Sec.-Gen: Dominick Lyamchai. [24] (Europa World - accessed on 12 August 2010)

Forum for Restoration of Democracy (FORD) Founded 2002; Chair: Ramadhani Mzee; Sec.-Gen: Emmanuel Patuka. [24] (Europa World - accessed on 12 August 2010)

Movement for Democratic Alternative (MDA) Based in Zanzibar. Seeks to review the terms of the 1964 union of Zanzibar with mainland Tanzania; supports democratic institutions and opposes detention without trial and press censorship. [24] (Europa World - accessed on 12 August 2010)

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 57 T ANZANIA 3 SEPTEMBER 2010 National League for Democracy (NLD) Based in Dar es Salaam. Founded in 1993. Chair: Emmanuel J. E. Makaidi ; Sec.-Gen: Feruzi Msambichaka. [24] (Europa World - accessed on 12 August 2010)

National Reconstruction Alliance (NRA) Based in Dar es Salaam. Founded in 1993. Chair: Rashid Mtuta; Sec.-Gen: Marsheed Hemed. [24] (Europa World - accessed on 12 August 2010)

Popular National Party (PONA) Based in Dar es Salaam. Chair: Wilfrem R. Mwakitwange ; Sec.-Gen. Nicolaus Mchaina. [24] (Europa World - accessed on 13 August 2010)

Tanzania Democratic Alliance Party (TADEA) Based in Dar es Salaam. Founded in 1993. Pres. John Lifa-Chipaka; Sec.-Gen. Juma Ali Khatib [24] (Europa World - accessed on 13 August 2010)

Progressive Party of Tanzania (PPT-Maendeleo) Based in Dar es Salaam. Founded in 2003. Leader: Peter Mziray; Sec.-Gen. Ahmed Hamad [24] (Europa World - accessed on 13 August 2010)

Tanzania Labour Party (TLP) Based in Dar es Salaam. Founded in 1993. Chair: Augustine Mrema; Sec.-Gen. John Komba. [24] (Europa World - accessed on 13 August 2010)

Tanzania People’s Party (TPP) Based in Dar es Salaam. Removed from the register of political parties in 2002. Chair: Alec Che-Mponda; Sec.-Gen. Gravel Limo. [24] (Europa World - accessed on 13 August 2010)

United Democratic Party (UDP) Based in Dar es Salaam. Founded in 1994. Leader: John Momose Chevo. [24] (Europa World - accessed on 13 August 2010)

United People’s Democratic Party (UPDP) Based in Dar es Salaam. Founded in 1993. Chair: Fahmi Nassoro Dovutwa; Sec.-Gen: Abdallah Nassaro Ally. [24] (Europa World - accessed on 13 August 2010)

Union for Multi-Party Democracy (UMD) Based in Dar es Salaam. Founded in 1993. Chair: Salum Alli; Sec.-Gen: Ali Mshangama Abdallah. [24] (Europa World - accessed on 13 August 2010)

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58 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA Annex C

LIST OF ABBREVIATIONS

AI Amnesty International CEDAW Committee on the Elimination of All Forms of Discrimination Against Women CPJ Committee to Protect Journalists EU European Union FCO Foreign and Commonwealth Office (UK) FGM Female Genital Mutilation FH Freedom House GDP Gross Domestic Product HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome HRW Human Rights Watch ICG International Crisis Group ICRC International Committee for Red Cross IDP Internally Displaced Person IFRC International Federation of Red Cross and Red Crescent Societies IMF International Monetary Fund IOM International Organisation for Migration MSF Médecins sans Frontières NATO North Atlantic Treaty Organisation NGO Non Governmental Organisation OCHA Office for the Coordination of Humanitarian Affairs ODIHR Office for Democratic Institutions and Human Rights ODPR Office for Displaced Persons and Refugees OECD Organisation of Economic Cooperation and Development OHCHR Office of the High Commissioner for Human Rights OSCE Organisation for Security and Cooperation in Europe RSF Reporters sans Frontières UNAIDS Joint United Nations Programme on HIV/AIDS UNESCO United Nations Educational, Scientific and Cultural Organization UNHCHR United Nations High Commissioner for Human Rights UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund USAID United States Agency for International Development USSD United States State Department WFP World Food Programme WHO World Health Organization

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The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 59 T ANZANIA 3 SEPTEMBER 2010 Annex D References to source material

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1 CIA World Factbook https://www.cia.gov/ Tanzania section, 19 August 2010 version https://www.cia.gov/library/publications/the-world-factbook/geos/tz.html Date accessed 20 August 2010

2 Foreign and Commonwealth Office (FCO) http://www.fco.gov.uk/en/ Country Profile on Tanzania, 14 July 2009 http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country- profile/sub-saharan-africa/tanzania Date accessed 27 July 2010

3 United States State Department (USSD) http://www.state.gov/ a Background Note on Tanzania, 8 June 2010 http://www.state.gov/r/pa/ei/bgn/2843.htm Date accessed 27 July 2010 b 2009 Human Rights Report on Tanzania, 11 March 2010 http://www.state.gov/g/drl/rls/hrrpt/2009/af/135980.htm Date accessed 28 July 2010 c International Religious Freedom Report 2009, 26 October 2009 http://www.state.gov/g/drl/rls/irf/2009/127259.htm Date accessed 28 July 2010 d Trafficking in Persons Report, 14 June 2010 http://www.state.gov/g/tip/rls/tiprpt/2010/142761.htm Date accessed 10 August 2010

4 Electoral Institute for the Sustainability of Democracy in Africa http://www.eisa.org.za/EISA/about.htm Tanzania: Constitution (August 2009) http://www.eisa.org.za/WEP/tan5.htm Date accessed 27 July 2010

5 Institute for Security Studies http://www.issafrica.org/ Constitution of Tanzania 1977 http://www.issafrica.org/cdct/mainpages/pdf/Corruption/Legislation/Tanzania/Tanzania %20Constitution%20in%20English.pdf Date accessed 27 July 2010

6 Amnesty International http://www.amnesty.org.uk/ a Death Sentences and Executions 2009, March 2010 http://www.amnesty.org/en/library/asset/ACT50/001/2010/en/17348b70-3fc7- 40b2-a258-af92778c73e5/act500012010en.pdf Date accessed 28 July 2010 b Annual Report 2010, 28 May 2010 http://thereport.amnesty.org/ Date accessed 13 August 2010

7 Jane’s http://www.janes.com/

60 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA Sentinel Country Risk Assessment on Tanzania, 14 July 2009 (available by subscription service only) Date accessed 29 July 2010

8 Child Soldiers http://www.child-soldiers.org/childsoldiers/child-soldiers Child Soldiers Global Report 2008, 20 May 2008 http://www.childsoldiersglobalreport.org/content/tanzania Date accessed 29 July 2010

9 Freedom House http://www.freedomhouse.org/template.cfm?page=1 Freedom in the World report 2010 - Tanzania section, 3 May 2010 http://www.freedomhouse.org/template.cfm?page=22&year=2010&country=7931 Date accessed 4 August 2010

10 Everyculture http://www.everyculture.com/ Tanzania section [undated] http://www.everyculture.com/Sa-Th/Tanzania.html Date accessed 5 August 2010

11 The International Lesbian, Gay, Bisexual, Trans and Intersex Association http://ilga.org/ State-sponsored Homophobia - A World survey of laws prohibiting same-sex activity between consenting adults, May 2010 http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2010.pdf Date accessed 5 August 2010

12 The Citizen (Tanzanian newspaper) www.thecitizen.co.tz/ a Tanzania: Activists Petition UN Over Violation of Gays' Rights, 15 July 2009 http://allafrica.com/stories/200907150825.html Date accessed 5 August 2010 b Child Deaths Rate Still High - Unicef, 16 June 2008 http://allafrica.com/stories/200806160463.html Date accessed 10 August 2010 c Heed Call on ARVs, 12 July 2010 http://allafrica.com/stories/201007121292.html Date accessed 10 August 2010 d Dual Citizenship At Last, 20 January 2010 http://allafrica.com/stories/201001200400.html Date accessed 11 August 2010 e Why the Referendum Outcome in Zanzibar Left CCM More Bruised, 3 August 2010 http://allafrica.com/stories/201008040387.html Date accessed 11 August 2010

13 Social Institutions and Gender Index http://genderindex.org/ Tanzania section [undated] http://genderindex.org/country/tanzania Date accessed 5 August 2010

14 Administration of Juvenile Justice in Tanzania - A study of its compatibility with

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 61 T ANZANIA 3 SEPTEMBER 2010 International Norms and Standards, by Christina Maganga, 2005

http://web2.jur.lu.se/internet/english/essay/masterth.nsf/0/998CD321EBD95035C12571 A800332F5F/$File/xsmall.pdf?OpenElement Date accessed 5 August 2010

15 African Child Information Hub http://www.africanchildinfo.net/site/ Tanzania passes landmark Law of the Child, 12 November 2009 http://www.africanchildinfo.net/site/index.php? option=com_content&view=article&id=54:tanzania-tanzania-passes-landmark-law-of- the-child&catid=34:news&Itemid=18 Date accessed 5 August 2010

16 Transparency International http://www.transparency.org/ Corruption Perceptions Index 2009, published in November 2009 http://www.transparency.org/policy_research/surveys_indices/cpi/2009/cpi_2009_table Date accessed 10 August 2010

17 United Nations Integrated Regional Information Networks (IRIN) http://www.irinnews.org/ Humanitarian Country Profile on Tanzania, April 2007 http://www.irinnews.org/country.aspx?CountryCode=TZ&RegionCode=EAF Date accessed 10 August 2010

18 Afrique en Ligne (Africa Online) http://www.afriquejet.com/ a Tanzania withdraws toxic ARV drug, 30 December 2009 http://www.afriquejet.com/news/africa-news/tanzania-withdraws-toxic-arv-drug- 2009123040987.html Date accessed 10 August 2010 b Tanzania: Funds shortage hits inmates nutrition in Tanzanian prisons, 3 April 2010 http://www.afriquejet.com/news/africa-news/tanzania:-funds-shortage-hits- inmates-nutrition-in-tanzanian-prisons-2010040347064.html Date accessed 17 August 2010

19 Ocean Road Cancer Institute http://www.orci.or.tz/ Information dated 2008-9 http://www.orci.or.tz/ Date accessed 10 August 2010

20 World Diabetes Foundation http://www.worlddiabetesfoundation.org/composite-4.htm Information about medical services for diabetics in Tanzania, 2 May 2008 http://www.worlddiabetesfoundation.org/composite-127.htm Date accessed 10 August 2010

21 Daily News (Tanzanian newspaper) http://www.dailynews.co.tz/ TB Growing Concern Despite Efforts to Control It, 16 November 2009 http://allafrica.com/stories/200911181055.html Date accessed 11 August 2010

22 World Health Organization (WHO) http://www.who.int/en/ Mental Health Atlas 2005 http://www.who.int/mental_health/evidence/atlas/profiles_countries_t_z.pdf Date accessed 11 August 2010

62 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 3 SEPTEMBER 2010 T ANZANIA

23 United States Office of Personnel Management Investigations Service http://www.opm.gov/ Citizenship Laws of the World report, March 2001 http://www.opm.gov/EXTRA/INVESTIGATE/is-01.PDF Date accessed 11 August 2010

24 Europa World http://www.europaworld.com/pub/ Tanzania section (subscription access only) Date accessed 11 August 2010

25 BBC News Online http://www.bbc.co.uk/news/ a Tanzania Timeline, 11 August 2010 http://news.bbc.co.uk/1/hi/world/africa/country_profiles/1072386.stm Date accessed 11 August 2010 b Regions and Territories: Zanzibar, 8 May 2010 http://news.bbc.co.uk/1/hi/world/africa/country_profiles/3850393.stm Date accessed 19 August 2010

26 XE Universal Currency Converter http://www.xe.com/ucc/ Date accessed 17 August 2010

27 Guardian (Tanzanian newspaper) HIV/Aids serious problem in prisons in Tanzania , 28 April 2009 http://216.69.164.44/ipp/guardian/2009/04/28/135682.html Date accessed 17 August 2010

28 United Nations Population Fund (UNFPA) http://www.unfpa.org/public/ UNFPA Tanzania - Gender Equality and Empowering Women and Girls, 14 September 2009 http://countryoffice.unfpa.org/tanzania/2009/09/14/1301/gender/ Date accessed 17 August 2010

29 Canadian Immigration and Refugee Board Research Directorate http://www.irb.gc.ca/eng/pages/index.aspx Tanzania: Situation of women victims of domestic violence, including legislation and the availability of protection and support services (TZA102862.E), 15 July 2008 http://www.unhcr.org/refworld/country,,IRBC,,TZA,456d621e2,48d2237a23,0.html Date accessed 19 August 2010

30 Women’s Net http://www.womensnet.org.za/ Domestic Violence A Brutal Reality For Many Tanzanian Women, 8 March 2009 http://www.womensnet.org.za/news/domestic-violence-a-brutal-reality-for-many- tanzanian-women Date accessed 19 August 2010

31 Consulate of the United Republic of Tanzania in Denmark http://www.tanzania-consulate.dk/ Map of Tanzania [undated] http://www.tanzania-consulate.dk/images/MAP_OF_TANZANIA.gif Date accessed 19 August 2010 32 Zanzibar.org Information about Zanzibar

The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010. 63 T ANZANIA 3 SEPTEMBER 2010 http://www.zanzibar.org/ Date accessed 19 August 2010

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64 The main text of this COI Report contains the most up to date publicly available information as at 27 August 2010.