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HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF CIVIL AND POLITICAL RIGHTS IN TANZANIA
24 July 1998
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AFTERNOON
HR/CT/98/22
24 July 1998
The Committee on Human Rights this afternoon concluded its consideration of a report on the implementation of the International Covenant on Civil and Political Rights in Tanzania.
The Committee offered its preliminary oral observations and recommendations at the end of its one-day dialogue with the Tanzanian delegation. The Tanzanian officials defended the Government report on the status of civil and political rights in the country.
As one of 140 States parties to the Covenant, Tanzania is obligated to submit periodic reports to the Committee on efforts to implement the provisions of the Covenant. The Committee's experts will issue formal concluding observations and recommendations on the report presented by Tanzania towards the end of the panel's three-week session, which concludes on 31 July.
When the Committee reconvenes on Monday and Tuesday, 27 and 28 July, it will meet in private to examine individual communications. On Wednesday, 29 July, it is expected to meet in public at 10:00 a.m. to discuss its methods of work.
Discussion of Report
In response to oral questions put by the panel's experts this morning, the delegation said that the status of a refugee was decided upon by officials from the Prime Minister's office. In many cases, individual screening was not carried out in deciding on each situation. The conditions of the various refugee camps depended on international support and contributions since most of the camps were run by the United Nations High Commissioner for Refugees. Some centres were administered by Tanzania.
About 137,000 refugees had returned to Burundi in 1997, the delegation said, adding that a group of them had been killed on the way. However, the number of victims was not as high as alleged by some sources. Among the returnees were former members of the army who were hostile to the Burundi regime in control. In addition, there had been violence in some refugee camps because of ethnic tensions.
Persons detained unlawfully could lodge complaints before the courts and could obtain compensation upon winning their cases, the delegation said. Arbitrary deprivation of life was not tolerated; police and security forces were prohibited from drawing and using firearms unless it was in self-defence or to prevent serious injury to some other person; and even in such cases, they were not allowed to shoot to kill but only to prevent the escape of the suspect.
There were some human rights elements in the Tanzanian Constitution which contained the Bill of Rights, the delegation said. The Nyalali Commission, which was dealing with the review of the country's legislation, did not recommend the incorporation of the provisions of the International Covenant into domestic legislation. It did not deal with the issue of the constitutionality or inconsistency of the Constitution with the provisions of the International Covenant. Human rights education was provided to members of the judiciary and the police.
Under mysterious circumstances, Tanzania had in the past extradited two persons, the delegation said. Although the country had extradition agreements with Kenya, Uganda, Malawi, Zambia and Rwanda, those two extraditions were the only exceptions in Tanzanian history, added the delegation.
The appointment and dismissal of judges was bestowed upon the President of Tanzania, the delegation said. Consequently, upon the recommendations of the chief justice, the President appointed high court judges while district and resident judges were chosen by an advisory body chaired by the chief justice.
Referring to non-governmental organizations’ allegations of beatings of prisoners, the delegation said that this was caused by a lack of training on the part of police. The lack of proper methods of investigation at times might end up in mistreatment or torture of detainees.
On the question of judicial reviews of detention, the delegation said that there had been several cases of detention orders being challenged in courts. With respect to prison situations, although male and female prisoners were kept in separate compartments, there had been cases of pregnancy in prisons which had prompted the Government to increase its vigilance.
The Government of Tanzania did not share the view of the International Labour Office (ILO) that the Human Resources Deployment Act of Tanzania would lead to the institutionalization of a systematic compulsion to work, the delegation said. The objective of the Act was simply to mobilize human resources for productive work as a way of enhancing economic progress. Nonetheless, due to the criticism which that law had been subjected to, the Government was reviewing it with the view to amending or repealing it.
The delegation said that female genital mutilation was a criminal act in Tanzania. However, there had been cases of clandestine acts of mutilation similar to those of clandestine abortions.
A question was raised on the establishment of a federal system of government in Tanzania to which the delegation said that such a move would have weakened the Union and entailed a heavy financial outlay to run the bureaucracies created by the federal system. Similar recommendations were forwarded by the Nyalali Commission which were rejected by the Government.
Responding to the remaining cluster of written questions, the delegation said that boundaries for electoral constituencies were decided upon by the National Electoral Commission on the basis of recommendations made by the inhabitants of the districts. Political parties advocating or furthering the interests of any religious, tribal, ethnic or racial belief or group could not be registered.
On economic hardships, Tanzania now faced the problem of child labour, especially on large sisal and tea estates, the delegation said. Children were similarly used in gemstone mining. However, the Government did not condone child labour. Tanzania had ratified ILO Conventions on Child Labour and Minimum Age. The Government's campaign had reduced by 70 per cent the incident of child labour in the country.
In response to supplementary oral questions raised by Committee experts, the delegation said the Government wanted to consolidate its unity and work on closer relations among its 120 ethnic groups. Since the Organization of African Unity (OAU) agreed in 1963 to keep the colonial boundaries, only one country had allowed cessation which now resulted in a serious conflictual confrontation.
The delegation admitted that there had been constituency gerrymandering and that permanent constituencies would be established in the future.
On the question of homosexuality, the delegation said that it was a criminal offence under the penal code and anyone caught in such an act could be tried.
Preliminary Concluding Observations
In their preliminary concluding observations and recommendations, Committee experts said that the delegation did not answer all the questions addressed to it. They underlined the need for diplomats to be assisted by experts from the capital in order to deal with all the issues pertaining to the International Covenant. The Committee said that the drafting of the report was not in conformity with the guidelines of the Committee.
The Committee observed that there were positive developments in the country. Although progress had to be made, the multi-party political system was to be encouraged. Tanzania was moving forward in a good direction regarding multi-partism.
The Committee was concerned about the existence of legislation which contradicted the provisions of the International Covenant, particularly article 12 on the right to liberty of movement. The situation of women in Tanzania was far from satisfactory as there were deficiencies in equality. Measures had to be undertaken by the Government against criminal offenses committed against women and children.
The Committee said that the practice of corporal punishment was one of its concerns which would be sent to the Government of Tanzania. It said that the law on preventive detention should be in line with the State's international obligations. Although 70 per cent of child labour had been absorbed because of the campaign launched by the Government, the existence of the remaining 30 per cent was against the provisions of the International Covenant.
HR/CT/98/22
24 July 1998
The Committee on Human Rights this afternoon concluded its consideration of a report on the implementation of the International Covenant on Civil and Political Rights in Tanzania.
The Committee offered its preliminary oral observations and recommendations at the end of its one-day dialogue with the Tanzanian delegation. The Tanzanian officials defended the Government report on the status of civil and political rights in the country.
As one of 140 States parties to the Covenant, Tanzania is obligated to submit periodic reports to the Committee on efforts to implement the provisions of the Covenant. The Committee's experts will issue formal concluding observations and recommendations on the report presented by Tanzania towards the end of the panel's three-week session, which concludes on 31 July.
When the Committee reconvenes on Monday and Tuesday, 27 and 28 July, it will meet in private to examine individual communications. On Wednesday, 29 July, it is expected to meet in public at 10:00 a.m. to discuss its methods of work.
Discussion of Report
In response to oral questions put by the panel's experts this morning, the delegation said that the status of a refugee was decided upon by officials from the Prime Minister's office. In many cases, individual screening was not carried out in deciding on each situation. The conditions of the various refugee camps depended on international support and contributions since most of the camps were run by the United Nations High Commissioner for Refugees. Some centres were administered by Tanzania.
About 137,000 refugees had returned to Burundi in 1997, the delegation said, adding that a group of them had been killed on the way. However, the number of victims was not as high as alleged by some sources. Among the returnees were former members of the army who were hostile to the Burundi regime in control. In addition, there had been violence in some refugee camps because of ethnic tensions.
Persons detained unlawfully could lodge complaints before the courts and could obtain compensation upon winning their cases, the delegation said. Arbitrary deprivation of life was not tolerated; police and security forces were prohibited from drawing and using firearms unless it was in self-defence or to prevent serious injury to some other person; and even in such cases, they were not allowed to shoot to kill but only to prevent the escape of the suspect.
There were some human rights elements in the Tanzanian Constitution which contained the Bill of Rights, the delegation said. The Nyalali Commission, which was dealing with the review of the country's legislation, did not recommend the incorporation of the provisions of the International Covenant into domestic legislation. It did not deal with the issue of the constitutionality or inconsistency of the Constitution with the provisions of the International Covenant. Human rights education was provided to members of the judiciary and the police.
Under mysterious circumstances, Tanzania had in the past extradited two persons, the delegation said. Although the country had extradition agreements with Kenya, Uganda, Malawi, Zambia and Rwanda, those two extraditions were the only exceptions in Tanzanian history, added the delegation.
The appointment and dismissal of judges was bestowed upon the President of Tanzania, the delegation said. Consequently, upon the recommendations of the chief justice, the President appointed high court judges while district and resident judges were chosen by an advisory body chaired by the chief justice.
Referring to non-governmental organizations’ allegations of beatings of prisoners, the delegation said that this was caused by a lack of training on the part of police. The lack of proper methods of investigation at times might end up in mistreatment or torture of detainees.
On the question of judicial reviews of detention, the delegation said that there had been several cases of detention orders being challenged in courts. With respect to prison situations, although male and female prisoners were kept in separate compartments, there had been cases of pregnancy in prisons which had prompted the Government to increase its vigilance.
The Government of Tanzania did not share the view of the International Labour Office (ILO) that the Human Resources Deployment Act of Tanzania would lead to the institutionalization of a systematic compulsion to work, the delegation said. The objective of the Act was simply to mobilize human resources for productive work as a way of enhancing economic progress. Nonetheless, due to the criticism which that law had been subjected to, the Government was reviewing it with the view to amending or repealing it.
The delegation said that female genital mutilation was a criminal act in Tanzania. However, there had been cases of clandestine acts of mutilation similar to those of clandestine abortions.
A question was raised on the establishment of a federal system of government in Tanzania to which the delegation said that such a move would have weakened the Union and entailed a heavy financial outlay to run the bureaucracies created by the federal system. Similar recommendations were forwarded by the Nyalali Commission which were rejected by the Government.
Responding to the remaining cluster of written questions, the delegation said that boundaries for electoral constituencies were decided upon by the National Electoral Commission on the basis of recommendations made by the inhabitants of the districts. Political parties advocating or furthering the interests of any religious, tribal, ethnic or racial belief or group could not be registered.
On economic hardships, Tanzania now faced the problem of child labour, especially on large sisal and tea estates, the delegation said. Children were similarly used in gemstone mining. However, the Government did not condone child labour. Tanzania had ratified ILO Conventions on Child Labour and Minimum Age. The Government's campaign had reduced by 70 per cent the incident of child labour in the country.
In response to supplementary oral questions raised by Committee experts, the delegation said the Government wanted to consolidate its unity and work on closer relations among its 120 ethnic groups. Since the Organization of African Unity (OAU) agreed in 1963 to keep the colonial boundaries, only one country had allowed cessation which now resulted in a serious conflictual confrontation.
The delegation admitted that there had been constituency gerrymandering and that permanent constituencies would be established in the future.
On the question of homosexuality, the delegation said that it was a criminal offence under the penal code and anyone caught in such an act could be tried.
Preliminary Concluding Observations
In their preliminary concluding observations and recommendations, Committee experts said that the delegation did not answer all the questions addressed to it. They underlined the need for diplomats to be assisted by experts from the capital in order to deal with all the issues pertaining to the International Covenant. The Committee said that the drafting of the report was not in conformity with the guidelines of the Committee.
The Committee observed that there were positive developments in the country. Although progress had to be made, the multi-party political system was to be encouraged. Tanzania was moving forward in a good direction regarding multi-partism.
The Committee was concerned about the existence of legislation which contradicted the provisions of the International Covenant, particularly article 12 on the right to liberty of movement. The situation of women in Tanzania was far from satisfactory as there were deficiencies in equality. Measures had to be undertaken by the Government against criminal offenses committed against women and children.
The Committee said that the practice of corporal punishment was one of its concerns which would be sent to the Government of Tanzania. It said that the law on preventive detention should be in line with the State's international obligations. Although 70 per cent of child labour had been absorbed because of the campaign launched by the Government, the existence of the remaining 30 per cent was against the provisions of the International Covenant.