'Unknown Assailants': a Threat to Human Rights
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‘Unknown Assailants’: ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights A Threat to Human Rights Tanzania Human Rights Report 2017 LEGAL AND HUMAN RIGHTS CENTRE & ZANZIBAR LEGAL SERVICES CENTRE ‘Unknown Assailants’: A Threat to Human Rights Tanzania Human Rights Report - 2017 Not to be SOLD i ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights Part One: Tanzania Mainland - Legal and Human Rights Centre (LHRC) Part Two: Zanzibar - Zanzibar Legal Services Centre (ZLSC) ii ‘Unknown Assailants’: ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights A Threat to Human Rights Tanzania Human Rights Report 2017 Publishers Legal and Human Rights Centre Justice Lugakingira House, Kijitonyama P. O. Box 75254, Dar es Salaam, Tanzania Tel: +255222773038/48, Fax: +255222773037 Email: [email protected] Website: www.humanrights.or.tz & Zanzibar Legal Services Centre P. O. Box 3360, Zanzibar, Tanzania Tel: +2552422384 Fax: +255242234495 Email: [email protected] Website: www.zlsc.or.tz Partners The Embassy of Sweden The Embassy of Norway Oxfam Rosa Luxemburg UN Women Open Society Initiatives for Eastern Africa Design & Layout Rodrick Maro ISBN: 978-9987-740-38-3 © LHRC & ZLSC April, 2018 iii ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights Part One Writers Paul Mikongoti Fundikila Wazambi Joyce Komanya Editorial Board Dr. Helen Kijo-Bisimba Felista Mauya Anna Henga Naemy Sillayo Paul Mikongoti Fundikila Wazambi Part Two Writers Zanzibar Legal Services Centre Editorial Board Prof. Chris Maina Peter Mrs. Josefrieda Pereira Ms. Salma Haji Saadat Mr. Daudi Othman Kondo Ms. Harusi Miraji Mpatani iv ‘Unknown Assailants’: ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights A Threat to Human Rights Tanzania Human Rights Report 2017 Acknowledgements In preparing the Tanzania Human Rights Report 2017, LHRC & ZLSC received cooperation from different state organs, government institutions and non-state actors in Mainland Tanzania and Zanzibar. Various reports from different government departments and research findings have greatly contributed to the finalization of this report. Reports and judicial decisions form the basis of arguments and observations made by the LHRC & ZLSC. The information was gathered through official correspondences with the relevant authorities, LHRC & ZLSC partners and human rights stakeholders, while other information was obtained online through desktop research. LHRC & ZLSC acknowledge the support of the media, both print and electronic, in preparation and dissemination of the report findings. Special recognition is extended to the contribution of the electronic and social media, including television and radio stations, as well as blogs. LHRC & ZLSC would like to extend their sincere gratitude to LHRC & ZLSC staff for their combined efforts in supporting the preparation of this report. LHRC is especially thankful to the researchers and writers of this report, Mr. Paul Mikongoti, Mr. Fundikila Wazambi and Ms. Joyce Komanya. Special gratitude is also extended to LHRC driver, Mr. Ally Mwashongo, for his assistance in obtaining primary data used in the preparation of this report. ZLSC would like to extend its gratutde to all programme officers, especially Adv. Thabit Abdulla Juma and Adv. Ali Haji Hassan, who worked hard on completion of this report, and the editorial board. LHRC & ZLSC further acknowledge the contribution by human rights monitors and paralegals, who provided valuable information through their monthly and quarterly reports. Lastly, but not in order of importance, LHRC is grateful for the continued financial support from its partners: the Embassy of Sweden, the Royal Norwegian Embassy and Accountability in Tanzania (AcT). ZLSC recognizes the contribution made by the Embassy of Sweden, Embassy of Finland, the Embassy of Norway, the Ford Foundation, and Open Society Initiatives for Eastern Africa, Save the Children International and UNICEF. Dr. Helen Kijo-Bisimba Ms. Harusi Miraji Mpatani LHRC Executive Director ZLSC Executive Director v ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights LHRC and ZLSC The Legal and Human Rights Centre (LHRC) is a private, autonomous, voluntary non-Governmental, non-partisan and non-profit sharing organization envisioning a just and equitable society. It has a mission of empowering the people of Tanzania, so as to promote, reinforce and safeguard human rights and good governance in the country. The broad objective is to create legal and human rights awareness among the public and in particular the underprivileged section of the society through legal and civic education, advocacy linked with legal aid provision, research and human rights monitoring. LHRC was established in 1995 and its operations mainly focus on Tanzania Mainland, with specific interventions in Zanzibar. Vision: The LHRC envisages a just and equitable society, in which the three arms of the State as well as non-state actors practice accountability, transparency and there is rule of law; and where there is public awareness, respect and engagement for human rights and good governance; where justice and respect for human dignity are reality. Mission: To empower the public, promote, reinforce and safeguard human rights and good governance in Tanzania through legal and civic education and information; sound legal research and advice; monitoring and following-up on human rights violations; and advocacy for reforms of policies, laws and practices in conformity with international human rights standards. LHRC’s Values: Integrity; Equality; Transparency; Accountability; Professionalism; and Voluntarism and Volunteerism. It is our sincere hope that the readers of this report will be a change agent towards attaining just and equitable society. The Zanzibar Legal Services Centre (ZLSC) was established in 1992 as a non- governmental, voluntary, independent and non-profit making organisation. It is a body corporate and its major aim is to provide legal services to the poor, women, and children, the disabled, marginalised and other disadvantaged sections of the Zanzibari society. The Centre also aims to popularise knowledge on the law and produce publications in all areas of legal concern to the people of Zanzibar. Vision: Rights and Access to Justice for all. Mission: Raising people’s awareness, promoting human rights and good governance. Core Objectives: Providing free legal aid to the poor; providing free legal representation vi ‘Unknown Assailants’: ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights A Threat to Human Rights Tanzania Human Rights Report 2017 for clients in need of it; providing legal education to the public and raise awareness about human rights and duties; conducting research in different issues of or related to law and human rights. Some of the results of research and other interventions have been both attractive and appealing to the government thus helping to shape policies and laws on various issues including the issue of the rights of the child in Zanzibar. The most notable research undertaken by ZLSC is Annual Human Rights Report since 2006. Prof. Geoffrey Mmari Prof. Chris Peter Maina Chairperson - LHRC Board Chairperson - ZLSC Board vii ‘Unknown Assailants’: Tanzania Human Rights Report 2017 A Threat to Human Rights Table of Contents Acknowledgements ....................................................................................... v LHRC and ZLSC ......................................................................................... vi Part A: Tanzania Mainland ...............................................................xviii Introduction ................................................................................................ xix Major Developments in 2017 ................................................................... xix Overview of Human Rights Situation in 2017 ......................................... xix Objectives of the Report ............................................................................... xx Methodology ................................................................................................. xx Report Structure ........................................................................................... xxi List of Abbreviations ................................................................................. xxii Executive Summary ................................................................................. xxiv Methodology .......................................................................................... xxiv Key Findings .......................................................................................... xxiv Chapter 1: ...................................................................................................... 1 Contextual Overview .................................................................................... 1 1.1 Historical Overview .............................................................................. 1 1.2 Geography and Population .................................................................... 2 1.3 Economic Situation ............................................................................... 6 1.4 Political and Governance Systems ........................................................ 7 Chapter 2: ...................................................................................................