Zanzibar Human Rights Report 2015 TransformIfanye Justicehaki IweInto shaukuPassion Zanzibar Legal Services Centre i Funded by: Embassy of Sweden, Embassy of Finland The Embassy of Norway, Ford Foundation, and Open Society Initiatives for Eastern Africa, Publisher Zanzibar Legal Services Centre P.O.Box 3360,Zanzibar Tanzania Tel:+25524 2452936 Fax:+255 24 2334495 E-mail: [email protected] Website:www.zlsc.or.tz ZLSC May 2016 ii ZANZIBAR HUMAN RIGHTS REPORT 2015 Editorial Board Prof. Chris Maina Peter Mrs. Josefrieda Pereira Ms. Salma Haji Saadat Mr. Daudi Othman Kondo Ms. Harusi Miraji Mpatani Writers Dr. Moh’d Makame Mr. Mzee Mustafa Zanzibar Legal Services Centre @ ZLSC 2015 i ACKNOWLEDGEMENTS Zanzibar Legal Services Centre is indebted to a number of individuals for the support and cooperation during collection, compilation and writing of the 10th Human Rights Report (Zanzibar Chapter). The contribution received makes this report a worthy and authoritative document in academic institutions, judiciary, government ministries and other departments, legislature and educative material to general public at large. The preparation involved several stages and in every stage different stakeholders were involved. The ZLSC appreciate the readiness and eager motive to fill in human rights opinion survey questionnaires. The information received was quite useful in grasping grassroots information relevant to this report. ZLSC extend their gratitude to it’s all Programme officers especially Adv. Thabit Abdulla Juma and Adv. Saida Amour Abdallah who worked hard on completion of this report. Further positive criticism and collections made by editorial board of the report are highly appreciated and valued. Without their value contributions this report would have jeopardised its quality and relevance to the general public. Various sources have been used in preparing this report like government and non-governmental reports, paralegals reports, Laws International and National, Policies and judiciary decisions. The report as well owes copiously to civil societies both local and international, media and independent researchers for their works used. It would not be possible for ZLSC to use their own information as no institution has expertise in all fields. Therefore expertise and speciality information received with or without permission from the authors have been very fundamental in enriching this report. ZLSC acknowledge the contribution of its supporting staff, administrators and volunteers for their diligent job in ensuring that this report is timely produced. Their kind moral and technical support by supplying activity reports is fundamental towards completion of this work. ZLSC would like to recognise contribution made by Embassy of Sweden, Embassy of Finland The Embassy of Norway, Ford Foundation, and Open Society Initiatives for Eastern Africa, Legal Services Facility, Save the Children International, UNICEF and UHAKIKI Project. ii CONTENTS ACKNOWLEDGEMENTS ii CONTENTS iii LIST OF ABBREVIATIONS ix LIST OF CASES xii LIST OF LEGISLATION xiii LIST OF INTERNATIONAL LEGAL INSTRUMENTS xiv PREFACE xv Vision xv Mission xv Core Objectives xv CHAPTER ONE 1 General overview of Zanzibar 1 1.0 Introduction 1 1.1 History 4 1.2 Geography 7 1.3 People 11 1.4 The Economy 13 1.4.1 Fumba Town Development 21 1.4.2 Mapinduzi Memorial Tower 22 1.4.3 Development of the Airways Services in Zanzibar 23 1.4.4 Launching of the MV-Mapinduzi II 23 1.5 Political System 24 1.6 Judiciary 28 1.7 Historical Background of Human Rights in Zanzibar 31 1.8 Conclusion 32 CHAPTER TWO 34 Civil Rights and Liberties 34 2.0 Introduction 34 2.1 Right to Life 35 2.1.1 Road Accidents 37 2.1.2 Marine Accidents Cases 41 2.1.3 Murder 42 2.1.4 Suicide 42 2.1.5 Mob Violence 43 2.1.6 Death Penalty 46 2.1.7 Extrajudicial Killings 52 2.2 Freedom from Torture 53 2.2.1 Street Tortures 55 2.2.2 UAMSHO and Terrorism 56 2.3 Equality before the Law-Equal Access to Justice for All 58 iii 2.4. Proximity, Availability and Infrastructure of Courts 59 2.4.1 Infrastructure of Courts 60 2.4.1.1 Human Resources 61 2.4.1.2 Paralegals 61 2.4.2 Legal Aid 62 2.5 Legal Representation 64 2.5.1 Delay of Cases 56 2.5.2 Independence and Impartiality of Judiciary 70 2.6 The Right to Freedom of Thought, Conscience and Religion 71 2.7 Freedom of Expression 73 2.7.1 Abuse of Freedom of Expression 77 2.8 Conclusion 80 CHAPTER THREE 81 Political Rights 81 3.0 Introduction 81 3.1 Right to Participate in Governance 82 3.2 Right to Participate in Governance in Zanzibar 84 3.2.1 Right to Vote 85 3.2.2 The October 2015 General Election 86 3.2.2.1Voter’s Registration 87 3.2.2.2Update of the Voters’ Registry 91 3.2.2.3Campaign Period 92 3.2.2.4October 25th – Election Day 94 3.2.2.5Annulment of Zanzibar Election and Its Consequence 95 3.2.2.6Bomb Explosions in Town Areas 97 3.2.3 Conclusions and Recommendations 99 3.2.3.1Recommendations 102 3.3 Freedom of Association and Assembly 102 3.4 Freedom of Association in Trade Union 104 3.5 Conclusion 107 CHAPTER FOUR 108 Social Rights 108 4.0 Introduction 108 4.1 Right to Education 108 4.1.1 Zanzibar Education Policy 108 4.1.2 General Achievements of Education Sector from 2010 to 2015 109 4.1.3 Challenges Facing Education Sector 109 4.1.3.1Budgetary Allocation 109 4.1.3.2Registration of Nursery Schools 110 4.1.3.3Registration of Primary and Secondary Schools 111 4.1.3.4Alternative Education 112 4.1.3.5Overcrowding Classes 112 iv 4.1.3.6 Shortage of Secondary School Science Teachers 113 4.1.3.7 No Cost Contribution in Education 114 4.1.3.8 Unwanted Pregnancies and Early Marriages 115 4.1.3.9 Teacher’s Problems 115 4.1.3.10 Lack of Facilities in Schools 116 4.1.3.11 Shortage of Qualified Lecturers in Higher Learning Institutions 117 4.1.3.12 Insufficient Budget for Higher Education Fund 118 4.2 Right to Health 119 4.2.1 Improvement of Health Services in Zanzibar 120 4.2.2 Challenges Facing Health Sector 121 4.2.2.1Private Sector 122 4.2.2.2 Availability of Drugs 122 4.2.2.3 Availability of Doctors 122 4.3 HIV/AIDS and Human Rights 123 4.3.1 HIV/ AIDS Legal Framework 124 4.3.2 Institutional Framework 124 4.3.3 HIV/AIDS Situation in Zanzibar 124 4.3.4 Violation of the Rights of People living with HIV/AIDS in Zanzibar 125 4.3.4.1 The Stigmatization and Discrimination against People Living with HIV/AIDS 125 4.3.4.2 Right to Privacy 126 4.3.4.3 Lack of Essential Medicine and Drugs 126 4.3.4.4 Narcotic Drugs/ HIV/AIDs and Related Challenges 126 4.4 Right to Clean Water 127 4.4.1 Current Situation of Provision of Right to Water 129 4.4.2 Challenges Facing Water Supply 130 4.5 The Youth and Society 131 4.6 Conclusion 132 CHAPTER FIVE 133 Economic and Cultural Rights 133 5.0 Introduction 133 5.1 Right to Property 135 5.1.1 Right to Acquire and Own Immovable Property 138 5.1.2 Limitation to the Right of Property 141 5.1.3 Poor Regulation of Prices 141 5.2 Challenges related to Property Ownership 142 5.2.1 Destruction of Property 143 5.2.2 Distribution of Property after Marriage 144 5.2.3 Change of Ownership after Transfer 144 5.3 Right to Work 144 5.3.1 State of Employment of Zanzibar 145 5.3.2 Salaries and Incentives Packages 146 5.3.3 Shortage of Employment Opportunities 147 5.3.4 Poor System of Social Protection 149 v 5.3.5 The Handling of Labour Disputes 151 5.4 Cultural Rights 151 5.4.1 Stone Town As World Cultural Heritage 155 5.4.2 Zanzibar Doors 156 5.4.3 Traditional Healing and Medicine 159 5.4.3.1Traditional Medicine from Zanzibar Herbalist 160 5.4.3.2Traditional Healing (Uganga wa Kienyeji) 161 5.5 Preservation of Cultural Heritage 163 5.6 Conclusion 166 CHAPTER SIX 167 The Rights of Vulnerable Groups 167 6.0 Introduction 167 6.1 Women Rights 168 6.1.1 Legal Framework for Women Protection in Zanzibar 168 6.1.2 Institutional Framework for Protecting Women 168 6.1.3 Gender Based Violence 169 6.1.3.1Current Situation on GBV in Zanzibar 170 6.1.3.2Prosecution of Sexual Violence Cases 171 6.1.4 Domestic Violence 172 6.1.4.1Legal Framework in Combating Domestic Violence in Zanzibar 172 6.1.4.2Prosecution of Domestic Violence Cases 172 6.1.5 Specific Problems of Girl Child 172 6.1.6 Women Participation in Decision Making 173 6.2 Children Rights 174 6.2.1 Legal Framework 174 6.2.2 Institutional Framework 175 6.2.3 Right to Life 176 6.2.3.1Children Homes 177 6.2.3.2Children an d Religious Institution (Madrassa) 177 6.2.4 Right to Grow and Develop 177 6.2.4.1Right to Education for the Child 178 6.2.4.2Right to Play 178 6.2.4.3Violence against Children 179 6.2.4.4Current Situation on Child Abuse 179 6.2.5 Child Labour 180 6.2.6 Maintenance of Children 180 6.3 Children in Conflict with the Law 181 6.4 Rights of the Elderly 181 6.5 Rights of Persons with Disabilities 182 6.5.1 Legal Framework 183 6.5.2 Institutional Framework 184 6.5.3 Challenging Facing People with Disabilities 185 6.6 Conclusion 186 vi CHAPTER SEVEN 187 Collective Rights 187 7.0 Introduction 187 7.1 Right to Development 189 7.2 Rights to the Environment and Sustainable Development 190 7.3 Improving Transportation 191 7.4 Right to Clean Environment in Zanzibar 192 7.4.1 Noise Pollution 194 7.5 Right to Peace and Security 195 7.5.1 Stone Town Security 197 7.6 Conclusion 201 CHAPTER EIGHT 202 SMZ Special Departments and Human Rights 202 8.0 Introduction 202 8.1 SMZ Special Departments and Human Rights 202 8.2 KMKM (Special Force for Prevention of Smuggling) 203 8.3 Offenders Educational Centres (Prison Centres) 203 8.4 The Jeshi la Kujenga Uchumi (JKU) (Economic Building Brigade) 203 8.5 Kikosi cha Zimamoto na Uokozi - KZU - (Fire