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COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF TANZANIA
19 May 2006
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19 May 2006
The Committee on the Rights of the Child today reviewed the second periodic report of Tanzania on how that country is implementing the provisions of the Convention on the Rights of the Child.
In opening remarks to the Committee, Sophia M. Simba, Minister for Community Development, Gender and Children of Tanzania, said the Government of Tanzania was committed to fulfilling its obligations under the Convention, yet it was faced with a number of challenges. Economic constraints, coupled with negative attitudes, customary practices, traditions and ignorance on children’s rights by the majority of the population, hindered the pace of the achievement. However, she believed that sustainable measures to address the survival, protection, development, participation and non-discrimination of the rights of the child would enable the Government to improve the livelihood of the children, she said.
Discussing the report, Committee Expert Lucy Smith, who served as Rapporteur for the report of Tanzania, asked how long would it take to enact a law on children’s rights? She noted that courts could hand down sentences, which could include corporal punishment. In what circumstances were the sentences pronounced? With regard to freedom of expression, did children have the right to express their opinions at home and in schools? She also asked if the Government made available adequate libraries for children?
In preliminary concluding remarks, Moushira Khattab, the Committee Expert who served as co-Rapporteur for the report of Tanzania, said the Committee had acknowledged that much had been done since the last report to ensure implementation of the Convention. The Committee expressed its hope that the report, along with the concluding observations of the Committee, would be widely disseminated. She encouraged further work in the preparation and dissemination of key documents and principles related to the Convention, as a means of enhancing awareness and action on critical child rights issues.
Other Committee Experts raised questions related to, among other things, child poverty, refugee children, child orphans, access to drugs for victims of HIV/AIDS, traditional attitudes affecting the development of children, the prohibition of female genital mutilation, and internal trafficking of children for labour.
The Committee will release its formal, written concluding observations and recommendations on the report of Tanzania towards the end of its three-week session which will conclude on 2 June.
The delegation of Tanzania consisted of representatives of the Ministry of Community Development, Gender and Children, Ministry of Labour, Ministry of Justice and Constitutional Affairs, Ministry of Education, Ministry of Foreign Affairs and the Permanent Mission of Tanzania to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Tanzania is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes on Tuesday, 23 May at 10 a.m., Chamber B will consider the third periodic report of Mexico.
Report of Tanzania
The second periodic report of Tanzania provides information focusing on the changes made since the last report of 1998. The recommendations made by the Committee have either been implemented or are in the process of being implemented. The report also provides an assessment of the extent of the implementation of the UN General Assembly Special Session Outcome Document: a World Fit for Children of 2002. It pays particular attention to the problem of HIV/AIDS, with a special focus on its implications for children and young people, particularly children in need of special protection.
The report notes that in June 2001, the Government ratified ILO Convention No. 182 on the Elimination of the Worst Forms of Child Labour. In March 2003, it also ratified the African Charter on the Rights and Welfare of the Child and the two Optional Protocols to the Convention on the Rights of the Child. The Child Development Policy of 1996 has been revised and is awaiting approval of the Cabinet. The revision was necessitated by the desire to address emerging issues. These include child participation in all issues concerning their lives; effects of the HIV/AIDS pandemic; protection of children from worst forms of child labour; non-discrimination of children; and the protection of the most vulnerable children.
Introduction of Report
SOPHIA M. SIMBA, Minister for Community Development, Gender and Children of Tanzania, said Tanzania was a least developed country seriously engaged in the fight against poverty. Abject poverty had adverse impact on the implementation of conventions on human rights, particularly in instances where resources, both financial and human, were required. But as a least developed country, the Government had made improvements in the economy by tackling basic issues related to macro economic fundamentals and stability. The Government had created a conducive environment for economic growth and a capacity to compete regionally and globally.
The Government of Tanzania realized that there was no quick fix for the eradication of poverty, Ms. Simba said. But over the last 10 years, the Government had, through a participatory approach, developed the Vision 2025 for mainland Tanzania and Vision 2020 for Zanzibar. To show its commitment, the Government had put in place the National Strategy for Economic Growth and Reduction of Poverty, aimed at significantly alleviating poverty. The strategies were being implemented for the period of five years. The strategies addressed child and young people issues in areas of early childhood, primary and secondary education, HIV/AIDS, infant and child health, child nutrition, maternal health, water and sanitation, social protection, support to vulnerable groups and children’s protection and rights.
Ms. Simba said since 1998, there had been considerable improvement in the areas of primary education and availability of health services. However, there were still problems in attaining targets on child and maternal mortality rates due to HIV/AIDS and malnutrition. The Government had made an impressive performance in the implementation of the primary education development plan in mainland Tanzania. More classrooms had been constructed and enrolment rates had increased since the plan started. The Government had now decided to put concerted efforts in improving the quality of secondary education.
In order to combat HIV/AIDS, the Government in 2001 had declared it as a national emergency disaster that required concerted efforts. The participatory poverty concerted efforts had also brought to public attention the adverse effects of HIV on child development. A multi-sectoral approach under the Tanzania Commission for AIDS and the Zanzibar AIDS Commission provided scope and coordination of efforts to combat HIV/AIDS. The Government was currently preparing and drafting HIV/AIDS legislation with a view to protecting the rights of orphans and widows affected by AIDS.
Ms. Simba said that in the areas of children in need of special protection measures, stakeholders working with and for children had made considerable efforts to draw public attention to the plight of such children. Non-governmental organizations and community-based organizations had been conducting education programmes to inform, sensitize and lobby for children’s development.
The Government was in the process of reviewing the Child Development Policy of 1996 in order to address emerging issues such as the effects of HIV/AIDS, the increasing number of orphans, street children, child labourers, child with disabilities and the increasing number of cases of child abuse and violence which denied children’s rights. The policy advocated for children’s rights of survival, protection, development, participation and non-discrimination. The biggest gap in children and youth participation remained within the mindset of adults’ social and cultural norms and legal systems, which failed to recognized the progressive abilities of children to participate in the shaping the development issues affecting their livelihood.
Ms. Simba said some parents had been observed to lack skills for enabling their children to develop life skills, confidence and the drive to participate in the development issues. Children had been denied their rights to expression, contribution of ideas and views from the household, community up to the national level. However, the Government had introduced child friendly schools in six pilot areas, a children’s parliament and child friendly clinics and hospitals. Children had been involved in the preparation of the Poverty Reduction Strategy and the Public Expenditure Review.
The long history of fighting for children’s rights in the county had revealed that there was a need to continue to upgrade instruments and approaches used so as to improve the welfare and development of children, she added. Efforts were focused on poverty reduction because it had an adverse impact, particularly on women and children. Poverty reduction was focused on ensuring access to food security and the provision of social safety nets in case of natural disasters such as famine and floods. Despite the fact that advocacy on children’s rights had been strengthened, a concerted effort was required to promote children’s rights so as to eliminate negative cultural aspects, which hindered the implementation of the Convention.
Concluding, Ms. Simba said her country was committed to fulfilling its obligations under the Convention, yet it was faced with a number of challenges. Economic constraints, coupled with negative attitudes, customary practices, traditions and ignorance on children’s rights by the majority of the population, hindered the pace of the achievement. However, she believed that sustainable measures to address the survival, protection, development, participation and non-discrimination of the rights of the child would enable the Government to improve the livelihood of the children.
Discussion
LUCY SMITH, the Committee Expert who served as country Rapporteur to the report for Tanzania, said Tanzania was a least developed country and it was also an attractive country, particularly because of Kilimanjaro. She asked if there were two kinds of legislation for both parts of the country – Mainland Tanzania and Zanzibar. The report sometimes did not distinguish whether legislation was for the whole country or for one of the entities. Was there one Supreme Court for the country or one for each part of it?
Ms. Smith said the Government seemed not to focus on child rights in its laws. How long would it take to enact a law on children’s rights? The former President, in 1995, had indicated that the prevailing problems in the country were corruption and tax evasion. How was the situation at present? On corporal punishment, courts could hand down sentences, which could include corporal punishment. In what circumstances were the sentences pronounced? Who appointed children to participate in the Junior Council? With regard to free expression, did children have the right to express their opinions at home and in schools? Did the Government made available adequate libraries to children?
Another Expert asked about the situation with regard to trafficking in human beings and female genital mutilation. Did the current National Plan of Action include a child development policy? There was a gap in data collection as presented in the report. Data on the number of child victims of sexual exploitation did not appear in the report, for example. The definition of the child was given in accordance to different situations. On the principle of non-discrimination, certain categories of children, such as young pregnant girls, children infected with HIV, homosexuals and children with disabilities, were discriminated against. What efforts were made to integrate such children?
Concerning the definition of the child from the angle of justice, particularly in cases of criminal responsibility, the age limit was set at 10 years, which was two years earlier than required by the Convention, an Expert said. The criminal responsibility was not clearly defined for the remaining age groups.
Another Expert wanted to know if the Tanzanian Human Rights Commission was set up in accordance with the Paris Principles on the establishment of human rights institutions. What was the budgetary allocation for its function? Who appointed the members of the Commission? The institution was aimed at promoting human rights in general. What was being done in the areas of child rights?
Tanzania had been able to reduce its external debt during recent years, an Expert said, adding that the heavy debt burden affected children in many countries. Did the reduction in foreign debt affect the income distribution of citizens of Tanzania? Was there any mechanism to monitor the equitable distribution of budgetary allocation to activities pertaining to child rights?
Referring to Tanzanian Muslim majority, another Expert asked whether the country’s positive laws were applicable to all the society. Did specific laws, such the Sharia, apply to certain parts of the society? The co-existence of several laws might affect the rights of the child and their compatibility with the Convention might be delayed. He wanted to know about the provisions of food allowance to children born out of wedlock, particularly beyond the age of 16.
Comparing the common heritage which Tanzania and Uganda shared as neighbouring countries, an Expert said Tanzania was a country where peaceful transition of power was taking place and where good governance was set as an example. He asked about the validity of the 1996 child development policy for the present Tanzanian situation. With regard to the Land Act, he asked if the rights of the child were protected in that provision. In the Education Act, expulsion of pregnant children from schools was indicated. Was that to punish the pregnant girl or to protect her? The 1977 Bill of Right did not have a provision on the rights of the child; what was the reason? A penalty of 25 dollars was provided for by the law for failure to register a new birth; was that not a heavy penalty for people with low income who earned one dollar a day?
Response by Delegation
The delegation said international laws should be domesticated in order to ensure that they are applied at the national level. A law on the rights of the child was in the process of being realized. A consultative process was being revised in July. The law should take into consideration all customary laws in vigour, including the Sharia. The future act would not be applied to Zanzibar, which had a separate legislative body to deal with such matters.
In order to raise awareness on the participation of children in the affairs concerning them, the Government had been implementing programmes in which children participated directly. A junior council had been established to allow children to express their opinions; and a children’s parliament had been set up. Legislators in both Mainland Tanzania and Zanzibar had been enacting a series of laws concerning the rights of children.
Due to the lack of telephone hotlines for victims of sexual exploitation, the Government had expanded “community justice facilitation” in all areas of the country so that they were assisted directly by the community.
The President of the Republic appointed the members of the Tanzanian Human Rights Commission; however, they were independent in their decisions and investigations. The Commission had the competence to carry out investigation concerning any human rights violations. It also received complaints from adults and children and could recommend judicial investigation on the issues.
The Government was providing sport facilities under its plan for child development, and community councils were expected to prepare spaces for children for recreational purposes, the delegation said.
Tanzanian criminal laws were applicable to all citizens in the country, the delegation said. However, personal laws, such as the Sharia, were applied to the Muslim citizens. Tanzania was a multi-religious country and Islam was not the dominant religion.
A National Plan of Action was prepared within the Millennium Development Goals, and child rights protection and promotion was included in it, the delegation said. The Plan would also implement the Child Development Policy, which was being revised at present.
With regard to data collection, the delegation acknowledged inadequacies in that area. Child protection data in some areas was unavailable. However, the Government was collaborating with non-governmental organizations in that matter.
In Mainland Tanzania, pregnant children were not expelled from schools as was the case in Zanzibar, the delegation said. Such children could continue their studies after delivery.
Non-governmental organizations, which were working in the field of children’s rights, were helpful in providing input to the efforts of the Government in promoting and protecting children’s rights. Also, the community in general was responsive to the Government’s efforts. However, there was still a problem among certain segments of the population, who still stuck to their traditional values in rearing their children.
Asked about the number of young children deprived of their liberty, the delegation said there were children who lived in prison with their imprisoned mothers. Those who committed petty crimes were kept in remand centres. Recently, the President of the Republic had pardoned child prisoners incarcerated for petty offences.
Children were not fully allowed to express their views in the family because of the traditional attitudes of their parents, the delegation said. The Government, however, was making efforts to raise awareness on the importance of allowing them to express their views.
With regard to children born out of wedlock, the child had to decide whom to live with when he or she reached 14 years, the delegation. The courts could also decide on the custody of the child if conflicts arose. The father on the basis of his income assessment paid maintenance. The Government did not provide any assistance if the father was unable to afford child maintenance.
Tanzania facilitated the process for international adoption and a number of children were adopted internationally, the delegation said. The Government agency in charge of adoption monitored the situation of the adopted children wherever they were found to oversee if their best interests were met.
With regard to refugees, the delegation said Tanzania maintained an open-door policy concerning refugees, the delegation said. Tanzania had been hosting refugees from neighbouring countries. It had also introduced a Refugee Act to support its efforts in hosting refugees. Refugees were repatriated on a voluntary basis, as it was the case for Rwandan and Burundian refugees who left to their respective countries after the establishment of peace. The United Nations High Commissioner for Refugees (UNHCR) and UNICEF had been providing education to the refugees. Some refugee children were integrated within the Tanzanian education system.
The rate of HIV/AIDS was high among youth, the delegation said. The President had already announced that the pandemic was a disaster to the nation. The Government was endeavouring to change people’s behaviour with regard to the disease. Community leaders were also participating in the effort to alert the population about the gravity of the disease. Social workers and other State workers had advocated the use of condoms in order to reduce the incident of contacting HIV/AIDS. There was also a programme on the prevention of mother-to-child transmission of the disease.
Tanzania punished human traffickers and rehabilitated the victims, the delegation said. The problem of trafficking was internal, from rural to urban areas. Internal trafficking was closely related to child labour. The children were brought to work in families living in the urban areas. Although the phenomenon of child labour was reported to be high, the Government was doing its best to reduce the number of such victims. The Government had been removing such children to return them to their families and schools. The implementation of the rights of the child had been expensive for the Government financially.
Trafficking in drugs was punishable by law, the delegation said. The Government had taken preventive measures to deter cross border trafficking of drugs. Further efforts were also taken to rehabilitate young drug addicts.
The practice of female genital mutilation was prohibited in Tanzania and a number of cases had shown that the Government was seriously engaged to prevent its practice, the delegation said. A campaign of awareness had been ongoing for a long time. Parents who subjected their children to genital mutilation received prison sentences or a fine.
Preliminary Concluding Remarks
MOUSHIRA KHATTAB, the Committee Expert who served as co-Rapporteur for the report of Tanzania, said the Committee had acknowledged that much had been done since the last report to ensure the implementation of the Convention, especially concerning the follow-up of the Committee’s recommendations. The Committee expressed its hope that the report, along with the concluding observations of the Committee, would be widely disseminated. She encouraged further work in the preparation and dissemination of key documents and principles related to the Convention, as a means of enhancing awareness and action on critical child rights issues. She also encouraged the State party to invest the resources required to strengthen institutional structures and coordination mechanisms in order to create the most conducive environment for the implementation of the Convention.
Ms. Khattab further encouraged the Government to make concerted efforts to finalize the process of adoption of the revised Child Development Policy and to develop a clear framework for its implementation; strengthen data collection and the monitoring system; devote the necessary resources to improve capacity, accountability, and legislative requirements for universal birth registration; and secure the right to access to quality health services; and to combat malnutrition, among other things.
* *** *
For use of the information media; not an official record
The Committee on the Rights of the Child today reviewed the second periodic report of Tanzania on how that country is implementing the provisions of the Convention on the Rights of the Child.
In opening remarks to the Committee, Sophia M. Simba, Minister for Community Development, Gender and Children of Tanzania, said the Government of Tanzania was committed to fulfilling its obligations under the Convention, yet it was faced with a number of challenges. Economic constraints, coupled with negative attitudes, customary practices, traditions and ignorance on children’s rights by the majority of the population, hindered the pace of the achievement. However, she believed that sustainable measures to address the survival, protection, development, participation and non-discrimination of the rights of the child would enable the Government to improve the livelihood of the children, she said.
Discussing the report, Committee Expert Lucy Smith, who served as Rapporteur for the report of Tanzania, asked how long would it take to enact a law on children’s rights? She noted that courts could hand down sentences, which could include corporal punishment. In what circumstances were the sentences pronounced? With regard to freedom of expression, did children have the right to express their opinions at home and in schools? She also asked if the Government made available adequate libraries for children?
In preliminary concluding remarks, Moushira Khattab, the Committee Expert who served as co-Rapporteur for the report of Tanzania, said the Committee had acknowledged that much had been done since the last report to ensure implementation of the Convention. The Committee expressed its hope that the report, along with the concluding observations of the Committee, would be widely disseminated. She encouraged further work in the preparation and dissemination of key documents and principles related to the Convention, as a means of enhancing awareness and action on critical child rights issues.
Other Committee Experts raised questions related to, among other things, child poverty, refugee children, child orphans, access to drugs for victims of HIV/AIDS, traditional attitudes affecting the development of children, the prohibition of female genital mutilation, and internal trafficking of children for labour.
The Committee will release its formal, written concluding observations and recommendations on the report of Tanzania towards the end of its three-week session which will conclude on 2 June.
The delegation of Tanzania consisted of representatives of the Ministry of Community Development, Gender and Children, Ministry of Labour, Ministry of Justice and Constitutional Affairs, Ministry of Education, Ministry of Foreign Affairs and the Permanent Mission of Tanzania to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Tanzania is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes on Tuesday, 23 May at 10 a.m., Chamber B will consider the third periodic report of Mexico.
Report of Tanzania
The second periodic report of Tanzania provides information focusing on the changes made since the last report of 1998. The recommendations made by the Committee have either been implemented or are in the process of being implemented. The report also provides an assessment of the extent of the implementation of the UN General Assembly Special Session Outcome Document: a World Fit for Children of 2002. It pays particular attention to the problem of HIV/AIDS, with a special focus on its implications for children and young people, particularly children in need of special protection.
The report notes that in June 2001, the Government ratified ILO Convention No. 182 on the Elimination of the Worst Forms of Child Labour. In March 2003, it also ratified the African Charter on the Rights and Welfare of the Child and the two Optional Protocols to the Convention on the Rights of the Child. The Child Development Policy of 1996 has been revised and is awaiting approval of the Cabinet. The revision was necessitated by the desire to address emerging issues. These include child participation in all issues concerning their lives; effects of the HIV/AIDS pandemic; protection of children from worst forms of child labour; non-discrimination of children; and the protection of the most vulnerable children.
Introduction of Report
SOPHIA M. SIMBA, Minister for Community Development, Gender and Children of Tanzania, said Tanzania was a least developed country seriously engaged in the fight against poverty. Abject poverty had adverse impact on the implementation of conventions on human rights, particularly in instances where resources, both financial and human, were required. But as a least developed country, the Government had made improvements in the economy by tackling basic issues related to macro economic fundamentals and stability. The Government had created a conducive environment for economic growth and a capacity to compete regionally and globally.
The Government of Tanzania realized that there was no quick fix for the eradication of poverty, Ms. Simba said. But over the last 10 years, the Government had, through a participatory approach, developed the Vision 2025 for mainland Tanzania and Vision 2020 for Zanzibar. To show its commitment, the Government had put in place the National Strategy for Economic Growth and Reduction of Poverty, aimed at significantly alleviating poverty. The strategies were being implemented for the period of five years. The strategies addressed child and young people issues in areas of early childhood, primary and secondary education, HIV/AIDS, infant and child health, child nutrition, maternal health, water and sanitation, social protection, support to vulnerable groups and children’s protection and rights.
Ms. Simba said since 1998, there had been considerable improvement in the areas of primary education and availability of health services. However, there were still problems in attaining targets on child and maternal mortality rates due to HIV/AIDS and malnutrition. The Government had made an impressive performance in the implementation of the primary education development plan in mainland Tanzania. More classrooms had been constructed and enrolment rates had increased since the plan started. The Government had now decided to put concerted efforts in improving the quality of secondary education.
In order to combat HIV/AIDS, the Government in 2001 had declared it as a national emergency disaster that required concerted efforts. The participatory poverty concerted efforts had also brought to public attention the adverse effects of HIV on child development. A multi-sectoral approach under the Tanzania Commission for AIDS and the Zanzibar AIDS Commission provided scope and coordination of efforts to combat HIV/AIDS. The Government was currently preparing and drafting HIV/AIDS legislation with a view to protecting the rights of orphans and widows affected by AIDS.
Ms. Simba said that in the areas of children in need of special protection measures, stakeholders working with and for children had made considerable efforts to draw public attention to the plight of such children. Non-governmental organizations and community-based organizations had been conducting education programmes to inform, sensitize and lobby for children’s development.
The Government was in the process of reviewing the Child Development Policy of 1996 in order to address emerging issues such as the effects of HIV/AIDS, the increasing number of orphans, street children, child labourers, child with disabilities and the increasing number of cases of child abuse and violence which denied children’s rights. The policy advocated for children’s rights of survival, protection, development, participation and non-discrimination. The biggest gap in children and youth participation remained within the mindset of adults’ social and cultural norms and legal systems, which failed to recognized the progressive abilities of children to participate in the shaping the development issues affecting their livelihood.
Ms. Simba said some parents had been observed to lack skills for enabling their children to develop life skills, confidence and the drive to participate in the development issues. Children had been denied their rights to expression, contribution of ideas and views from the household, community up to the national level. However, the Government had introduced child friendly schools in six pilot areas, a children’s parliament and child friendly clinics and hospitals. Children had been involved in the preparation of the Poverty Reduction Strategy and the Public Expenditure Review.
The long history of fighting for children’s rights in the county had revealed that there was a need to continue to upgrade instruments and approaches used so as to improve the welfare and development of children, she added. Efforts were focused on poverty reduction because it had an adverse impact, particularly on women and children. Poverty reduction was focused on ensuring access to food security and the provision of social safety nets in case of natural disasters such as famine and floods. Despite the fact that advocacy on children’s rights had been strengthened, a concerted effort was required to promote children’s rights so as to eliminate negative cultural aspects, which hindered the implementation of the Convention.
Concluding, Ms. Simba said her country was committed to fulfilling its obligations under the Convention, yet it was faced with a number of challenges. Economic constraints, coupled with negative attitudes, customary practices, traditions and ignorance on children’s rights by the majority of the population, hindered the pace of the achievement. However, she believed that sustainable measures to address the survival, protection, development, participation and non-discrimination of the rights of the child would enable the Government to improve the livelihood of the children.
Discussion
LUCY SMITH, the Committee Expert who served as country Rapporteur to the report for Tanzania, said Tanzania was a least developed country and it was also an attractive country, particularly because of Kilimanjaro. She asked if there were two kinds of legislation for both parts of the country – Mainland Tanzania and Zanzibar. The report sometimes did not distinguish whether legislation was for the whole country or for one of the entities. Was there one Supreme Court for the country or one for each part of it?
Ms. Smith said the Government seemed not to focus on child rights in its laws. How long would it take to enact a law on children’s rights? The former President, in 1995, had indicated that the prevailing problems in the country were corruption and tax evasion. How was the situation at present? On corporal punishment, courts could hand down sentences, which could include corporal punishment. In what circumstances were the sentences pronounced? Who appointed children to participate in the Junior Council? With regard to free expression, did children have the right to express their opinions at home and in schools? Did the Government made available adequate libraries to children?
Another Expert asked about the situation with regard to trafficking in human beings and female genital mutilation. Did the current National Plan of Action include a child development policy? There was a gap in data collection as presented in the report. Data on the number of child victims of sexual exploitation did not appear in the report, for example. The definition of the child was given in accordance to different situations. On the principle of non-discrimination, certain categories of children, such as young pregnant girls, children infected with HIV, homosexuals and children with disabilities, were discriminated against. What efforts were made to integrate such children?
Concerning the definition of the child from the angle of justice, particularly in cases of criminal responsibility, the age limit was set at 10 years, which was two years earlier than required by the Convention, an Expert said. The criminal responsibility was not clearly defined for the remaining age groups.
Another Expert wanted to know if the Tanzanian Human Rights Commission was set up in accordance with the Paris Principles on the establishment of human rights institutions. What was the budgetary allocation for its function? Who appointed the members of the Commission? The institution was aimed at promoting human rights in general. What was being done in the areas of child rights?
Tanzania had been able to reduce its external debt during recent years, an Expert said, adding that the heavy debt burden affected children in many countries. Did the reduction in foreign debt affect the income distribution of citizens of Tanzania? Was there any mechanism to monitor the equitable distribution of budgetary allocation to activities pertaining to child rights?
Referring to Tanzanian Muslim majority, another Expert asked whether the country’s positive laws were applicable to all the society. Did specific laws, such the Sharia, apply to certain parts of the society? The co-existence of several laws might affect the rights of the child and their compatibility with the Convention might be delayed. He wanted to know about the provisions of food allowance to children born out of wedlock, particularly beyond the age of 16.
Comparing the common heritage which Tanzania and Uganda shared as neighbouring countries, an Expert said Tanzania was a country where peaceful transition of power was taking place and where good governance was set as an example. He asked about the validity of the 1996 child development policy for the present Tanzanian situation. With regard to the Land Act, he asked if the rights of the child were protected in that provision. In the Education Act, expulsion of pregnant children from schools was indicated. Was that to punish the pregnant girl or to protect her? The 1977 Bill of Right did not have a provision on the rights of the child; what was the reason? A penalty of 25 dollars was provided for by the law for failure to register a new birth; was that not a heavy penalty for people with low income who earned one dollar a day?
Response by Delegation
The delegation said international laws should be domesticated in order to ensure that they are applied at the national level. A law on the rights of the child was in the process of being realized. A consultative process was being revised in July. The law should take into consideration all customary laws in vigour, including the Sharia. The future act would not be applied to Zanzibar, which had a separate legislative body to deal with such matters.
In order to raise awareness on the participation of children in the affairs concerning them, the Government had been implementing programmes in which children participated directly. A junior council had been established to allow children to express their opinions; and a children’s parliament had been set up. Legislators in both Mainland Tanzania and Zanzibar had been enacting a series of laws concerning the rights of children.
Due to the lack of telephone hotlines for victims of sexual exploitation, the Government had expanded “community justice facilitation” in all areas of the country so that they were assisted directly by the community.
The President of the Republic appointed the members of the Tanzanian Human Rights Commission; however, they were independent in their decisions and investigations. The Commission had the competence to carry out investigation concerning any human rights violations. It also received complaints from adults and children and could recommend judicial investigation on the issues.
The Government was providing sport facilities under its plan for child development, and community councils were expected to prepare spaces for children for recreational purposes, the delegation said.
Tanzanian criminal laws were applicable to all citizens in the country, the delegation said. However, personal laws, such as the Sharia, were applied to the Muslim citizens. Tanzania was a multi-religious country and Islam was not the dominant religion.
A National Plan of Action was prepared within the Millennium Development Goals, and child rights protection and promotion was included in it, the delegation said. The Plan would also implement the Child Development Policy, which was being revised at present.
With regard to data collection, the delegation acknowledged inadequacies in that area. Child protection data in some areas was unavailable. However, the Government was collaborating with non-governmental organizations in that matter.
In Mainland Tanzania, pregnant children were not expelled from schools as was the case in Zanzibar, the delegation said. Such children could continue their studies after delivery.
Non-governmental organizations, which were working in the field of children’s rights, were helpful in providing input to the efforts of the Government in promoting and protecting children’s rights. Also, the community in general was responsive to the Government’s efforts. However, there was still a problem among certain segments of the population, who still stuck to their traditional values in rearing their children.
Asked about the number of young children deprived of their liberty, the delegation said there were children who lived in prison with their imprisoned mothers. Those who committed petty crimes were kept in remand centres. Recently, the President of the Republic had pardoned child prisoners incarcerated for petty offences.
Children were not fully allowed to express their views in the family because of the traditional attitudes of their parents, the delegation said. The Government, however, was making efforts to raise awareness on the importance of allowing them to express their views.
With regard to children born out of wedlock, the child had to decide whom to live with when he or she reached 14 years, the delegation. The courts could also decide on the custody of the child if conflicts arose. The father on the basis of his income assessment paid maintenance. The Government did not provide any assistance if the father was unable to afford child maintenance.
Tanzania facilitated the process for international adoption and a number of children were adopted internationally, the delegation said. The Government agency in charge of adoption monitored the situation of the adopted children wherever they were found to oversee if their best interests were met.
With regard to refugees, the delegation said Tanzania maintained an open-door policy concerning refugees, the delegation said. Tanzania had been hosting refugees from neighbouring countries. It had also introduced a Refugee Act to support its efforts in hosting refugees. Refugees were repatriated on a voluntary basis, as it was the case for Rwandan and Burundian refugees who left to their respective countries after the establishment of peace. The United Nations High Commissioner for Refugees (UNHCR) and UNICEF had been providing education to the refugees. Some refugee children were integrated within the Tanzanian education system.
The rate of HIV/AIDS was high among youth, the delegation said. The President had already announced that the pandemic was a disaster to the nation. The Government was endeavouring to change people’s behaviour with regard to the disease. Community leaders were also participating in the effort to alert the population about the gravity of the disease. Social workers and other State workers had advocated the use of condoms in order to reduce the incident of contacting HIV/AIDS. There was also a programme on the prevention of mother-to-child transmission of the disease.
Tanzania punished human traffickers and rehabilitated the victims, the delegation said. The problem of trafficking was internal, from rural to urban areas. Internal trafficking was closely related to child labour. The children were brought to work in families living in the urban areas. Although the phenomenon of child labour was reported to be high, the Government was doing its best to reduce the number of such victims. The Government had been removing such children to return them to their families and schools. The implementation of the rights of the child had been expensive for the Government financially.
Trafficking in drugs was punishable by law, the delegation said. The Government had taken preventive measures to deter cross border trafficking of drugs. Further efforts were also taken to rehabilitate young drug addicts.
The practice of female genital mutilation was prohibited in Tanzania and a number of cases had shown that the Government was seriously engaged to prevent its practice, the delegation said. A campaign of awareness had been ongoing for a long time. Parents who subjected their children to genital mutilation received prison sentences or a fine.
Preliminary Concluding Remarks
MOUSHIRA KHATTAB, the Committee Expert who served as co-Rapporteur for the report of Tanzania, said the Committee had acknowledged that much had been done since the last report to ensure the implementation of the Convention, especially concerning the follow-up of the Committee’s recommendations. The Committee expressed its hope that the report, along with the concluding observations of the Committee, would be widely disseminated. She encouraged further work in the preparation and dissemination of key documents and principles related to the Convention, as a means of enhancing awareness and action on critical child rights issues. She also encouraged the State party to invest the resources required to strengthen institutional structures and coordination mechanisms in order to create the most conducive environment for the implementation of the Convention.
Ms. Khattab further encouraged the Government to make concerted efforts to finalize the process of adoption of the revised Child Development Policy and to develop a clear framework for its implementation; strengthen data collection and the monitoring system; devote the necessary resources to improve capacity, accountability, and legislative requirements for universal birth registration; and secure the right to access to quality health services; and to combat malnutrition, among other things.
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