TANZANIA
Second and third periodic reports dated 30 September 1996
The United Republic of Tanzania, a country of approximately
thirty-three million inhabitants located in East Africa, was
formed on 26 April 1964, by the adoption of an Act of Union
between Tanganyika and Zanzibar.1
The population consists of more than 120 ethnic groups, virtually
all of whom speak Bantu languages.2
The largest ethnic groups are the Sukuma and the Nyamwezi, each
representing about one-fifth of the population. The population
also includes Arab, Indian, and European communities, as well
as people of Goan origin. Approximately one-third of the population
adheres to Islam, while Roman Catholicism is the largest Christian
denomination with about six million adherents.3
Political history
Dr. Julius Nyrere, first president of Tanzania (1962-85), is credited
with uniting the country's ethnic groups through adoption of Kiswahili
as the national language. Nyrere held a grand vision of a united
country developing through communal cooperation characterized
by ujamaa ("familyhood" or "pulling together" in Kiswahili).4
The primary objective of his development plan was to institute
a framework of African socialism under which egalitarianism was
encouraged. Banks, factories and all private companies were nationalized;
heavy investment was made in primary education; tribal conflicts
were avoided; and a one-party state was formed.5
Nyerere's effort to achieve "African rebirth" has been the
subject of some criticism. According to a 1998 report from Times
Newspapers Limited, "[o]ver the past forty years . . . 'African
socialism' . . . and other such ideologies have ensured that
Africa remained mired in long-term poverty."6
The report contends that Nyerere's employment of the Western
notion of socialism catapulted the nation's population into
"agrarian collectives" and rendered Tanzania the "world's third
poorest country."7 Government
inefficiency and economic hardships during the 1970s-a reduction
in the market value of Tanzania's primary exports (coffee and
sisal) coupled with an increase in the price of petroleum8-handicapped
Nyerere's design for socialism.
In 1985, Nyerere voluntarily terminated his presidency, an
action that remains rare in the context of the African one-party
state. He was succeeded by Ali Hassan Mwinyi, who instituted
a program for economic recovery through government spending
cuts and the promotion of foreign investment. This program and
a new capitalism have resulted in modest economic growth, with
annual increases in agricultural production and real exports.9
Tanzania's ruling party, Chama Cha Mapinduza (CCM), was formed
in 1977 through the union of Zanzibar's Afro-Shirazi Party and
the Tanganyika African National Union (TANU), and has been "the
primary source of policy in the social, political, and economic
fields."10 In addition
to providing the Tanzanian government with nearly all of its
top political leaders, the CCM has played a pivotal role in
the execution of the government's design for political and economic
development.
In 1992, following an amendment to the Constitution, opposition
parties were legalized, and in 1995,11
for the first time since independence, Tanzania held multiparty
presidential and local government elections.12
Benjamin Mkapa, the CCM candidate, won the presidential election
with sixty-two percent of the vote.13
Mkapa had been appointed to Parliament in 1977 and held a series
of important government posts during the late 1970s and 1980s.
Less than two years into his presidency, in late 1997, Mkapa
conceded to the criticisms that the 1995 CCM election manifesto
was inadequate and filled with magnificent promises to achieve
economic and political development within a democratic framework,
not all of which could be satisfied. Critics included the two
main opposition political parties, NCCR Mageuzi and the Civic
United Front (CUF), both of which had demanded that Mkapa resign
as president given what they viewed to be defects and weakness
in his election decree.14
Refugees
Currently, Tanzania is experiencing an influx of thousands of
Burundian Hutus who are fleeing Burundi because of the civil war
between the Hutu rebels and the Tutsi-led army. Since 1993, approximately
250,000 people have been killed as a result of this conflict.15
In 1993 refugees from Burundi crossed the border into Tanzania,
fleeing the violence that followed a coup attempt against the
Burundian government.16
A resurgence of violence in Burundi in 1995 sent additional
refugees into Tanzania.17
At last count there were at least 260,000 people in Tanzanian
refugee camps, a majority of whom are seeking refuge from the
Burundi conflict.18 Tanzania
has traditionally had an open border policy towards refugees.
However, in 1995, the seemingly endless inflow of refugees from
Rwanda and Burundi caused Tanzania to rethink the policy, essentially
closing its borders with Burundi.19
Human Rights
In 1997, Amnesty International criticized Tanzania for failing
to take measures to stop community-based persecution of individuals,
mostly older women, accused of witchcraft. AI and the UN also
have reported torture and degrading treatment of prison detainees
and suspected criminals. The Tanzanian Human Rights Education
Society and the Defenders of Human Rights in Tanzania claim that
the Government continues to impede the formation of local human
rights groups, through either delay of action on their registration
applications or by hampering their efforts to monitor violations
of human rights.20 In October
1997, Yohana Wavenza, the Right Reverend Bishop of the Moravian
Church of Tanzania, appealed to Tanzanian human rights activists
to establish a human rights council and to educate "the general
public on human rights."21
Bishop Wavenza contends that if Tanzania is ever to witness an
end to political turmoil it must first address the violation of
human rights as the root of the strife.
Alleged human rights abuses include political and extrajudicial
executions (in 1993 members of the opposition party, Civic United
Front (CUF) were killed on the island of Pemba22);
politically motivated disappearances, torture or other inhumane
and degrading treatment; arbitrary arrests or exile; and denial
of a fair public trial. Police regularly mistreat and occasionally
torture suspected criminals in their custody.23
In more extreme cases, family members of suspected criminals
have been subjected to similarly egregious conduct on the part
of the police. Despite the Government's official condemnation
of these practices, officials who use excessive force with criminal
suspects are seldom prosecuted.
Women in public life and in the economy
Women are not restricted from participating in government, politics
or the legal profession, but their numbers remain low. Although
government representatives informed the CEDAW Committee in 1990,
during review of the second periodic report, that women had always
been encouraged to be involved in politics, the statistics are
dismal.24 Only eight of
232 elected members of the Union Parliament are women. Thirty-seven
women from the CCM and opposition parties combined were appointed
to Parliament to seats reserved for women; three of the cabinet's
twenty-three ministers are women.25
Agriculture is the predominant economic activity and contributed
62% of the GDP in 1992. However, there is a tremendous disparity
between women and men in size of land holdings.26
Women's rights to hold and use property are limited by custom
and by religious law, and they have little control over the
proceeds of their agricultural labor.27
Education
Former President Nyerere identified adult education as a primary
means to achieve self-reliance and social development.28
Because the country historically invested in education, sixty-one
percent of Tanzania's adult population is literate.29
However, while primary education is mandatory, not enough school
facilities currently are available to accommodate all of the children.
Today,
the quality of education is poor and girls' participation,
performance, and completion rates are significantly lower than
for boys, particularly at the secondary level. Tanzania's education
system is constrained by dilapidated facilities, lack of teaching
materials and inadequately trained teachers. Spending on education
between 1994-1996 averaged 6.1 percent of GDP, which is inadequate
to address the main problems in the education sector.30
Religious groups primarily run private schools. Institutions
of higher education enroll approximately 5300 students per year.
Family law and the legal system
Tanzania's family law system at independence, like that of most
sub-Saharan African countries, was characterized by jurisdictional
and substantive complexity. Depending on their ethnicity, race,
nature of marriage, and religion, individuals were subject to
statutory, customary, or religious law with respect to all aspects
of family relations. Women were consistently disadvantaged under
all the family law systems. African women were most severely disadvantaged,
as customary law dealt with them essentially as legally equivalent
to minors, and the fora that handled family law applied only custom
in making decisions.
Immediately after independence, Tanzania began a dramatic
effort to institute a democratic and unified system of family
law.31 This effort involved
a codification of customary law, integration of the courts into
a single system, and unification of marriage laws.32
The Magistrate's Courts Act of 1963 eliminated racial criteria
for jurisdiction and consolidated the dual court system by creating
one tripartite system consisting of Primary Courts, District
Courts/Resident Magistrates' Courts, and the High Court. The
Court of Appeal of Tanzania was added in 1979 to replace the
defunct East African Court of Appeal after the demise of the
East African Community in 1977.33
Customary law was codified in the 1963 Declaration of Customary
Law, a massive survey of the customs of all the ethnic groups.
While such codification is problematic in that it "freezes"
custom, making contemporary reevaluation difficult, and is not
universally accepted as fully descriptive of individuals groups'
customs, courts continue to cite it.
The most significant positive development of the post-independence
era was adoption of the Law of Marriage Act, 1971 (LMA), which
unified the law of marriage and divorce. LMA permits individuals
to marry according to different customs or religions but requires
that all marriages be registered, that wives in polygamous marriages
be notified of the taking of additional wives, that custody
be determined according to the best interests of the child,
that all divorces be formally concluded and registered, and
that property be distributed according to a uniform equitable
standard.34 It also prohibits
wife-beating, although violence against women remains widespread.
Essentially LMA allows women to demand greater equality in the
distribution of property and power within marriage. However,
the culture is a long way from integration of these principles
into the reality of family life.
The issue of inheritance remains problematic for women, as
they are largely excluded from inheritance under custom. A new
inheritance law has been under study for some time.
PREVIOUS REVIEW BY CEDAW:
The Committee reviewed Tanzania's initial report at its Ninth
Session, 1990.
Concerns, Recommendations and Questions:
- Address the pervasive sex discrimination against women in
the public and private sectors of Tanzanian society. (#94)
- Provide information regarding the measures the political
parties and the Tanzanian Government are taking to advance
the status of women and address the main obstacles to the
equality of women. (#100)
- Requested further information on the attitude of women's
organizations in Tanzania regarding the lack of punishment
of rapists. (#103)
- Are there any other women's rights organizations in Tanzania
besides Umoja Wanawake Tanzania (UWT)? (#106)
- Family planning policy: Are contraceptives distributed free
of charge or at a cost? What methods of contraception are
used and what percentage of the population uses each form?
Do Tanzanian women have to obtain permission from their husbands
to undergo sterilization or use other forms of contraception?
Are female circumcisions (FGM) still being practices? (#110)..35
REVIEW BY OTHER UN TREATY BODIES:
The Committee on the Elimination of Racial Discrimination
(initial report considered 9 and 16 August 1995)
Observations:
- The Committee sought further information regarding the changes
that occurred in the political, legal and social arenas of
Tanzania. Specifically, they were interested in obtaining
further detail on the legislation about racial discrimination
and human rights violations.
- Concern about the political and economic reforms (especially
in the agricultural sector) that were to be introduced in
Tanzania, with the design to stimulate economic growth in
that region.
- Concern about the treatment of ethnic and racial minorities,
as well as people who migrated from Zanzibar to the mainland
of Tanzania.
- The Committee was concerned about the number of refugees
coming from Rwanda and Burundi. In 1995, approximately 1.4
million persons from these neighboring countries sought refuge
in Tanzania. According to representatives of Tanzania, this
sizeable inflow of people created a number of difficulties
for authorities, specifically with regard to their settlement
in Tanzania and their removal to their countries of origin.
- The Committee addressed allegations that authorities were
showing favoritism towards one religious community at the
expense of the other. This problem mainly involved the Christians
and Muslims..36
Endnotes:
1 "Tanzania Country Profile," MBendi
Information Services, Internet, available from http: //www.mbendi.org.,
accessed on 15 March 1998. Information on Tanzania, Internet,
available from: http://www.geocites.com, accessed on 28 February
1998. back
2 Information on Tanzania, Internet,
available from: http://www.geocites.com, accessed on 28 February
1998.. "Tanzania Country Profile," MBendi Information Services,
Internet, available from http: //www.mbendi.org., accessed on
February 9, 1998. back
3 Country Profile: Tanzania, Internet,
available from: http://www.abcnews.com, accessed on 27 February
1998. United Republic of Tanzania Background Report, Internet,
available from: http://www.netspace.org., accessed on April
11, 1998. back
4 Ibid. back
5 Ibid. back
6 Sam Kiley, "Africa's Wise Men Wary
as West Hails a Doubtful Dawn," Times Newspapers Limited, 26
March 1998, on-line. back
7 Ibid. back
8 U.S Department of State, Tanzania
Country Report on Human Rights Practices for 1997, Internet,
available from: http://www.un.org, accessed on 15 February 1998.
Information on Tanzania, Internet, available from: http://www.geocites.com,
accessed on 28 February 1998. Tanzania: Country Profile, Internet,
available from: http://www.fstau-fao.org, accessed on 9 February
1998. back
9 United Republic of Tanzania Background
Report. back
10 Ibid. back
11 U. S. Department of State, Department
of State Human Rights Country Reports 1996: Tanzania, February
1997, on-line. back
12 United Nations High Commissioner
for Human Rights, Concluding Observations of the Committee on
The Elimination of All Forms of Racial Discrimination: United
Republic of Tanzania, 22/09/95.A/50/18, paras. 573-78, available
from: http://www.un.ch, Internet, accessed 14 April 1998. Amnesty
International, Amnesty International Report 1997: Tanzania,
available from: http://www.amnesty.org, accessed on 28 February
1998. U.S Department of State, Tanzania Country Report on Human
Rights Practices for 1997. Tanzania Country Report on Human
Rights Practices for 1996, Department of State Human Rights
Country Reports, U.S. Department of State, February 1997, accessed
on 7 April 1998. back
13 Ibid. back
14 United Republic of Tanzania Background
Report. Amnesty International, Amnesty International Report
1997: Tanzania. back
15 "Burundi Agrees to Meet Tanzania
to Discuss Refugees," Agence France Presse, 14 February 1998,
on-line. Moyiga Nduru, "Tanzania-Human Rights: Beefed-up Police
Presence in Refugee Camps," Inter Press Service, 18 February
1998. back
16 Moyiga Nduru, "Burundi-Tanzania:
Peace Effort Takes a Nose-dive," Inter Press Service, 26 August
1997, on-line. Moyiga Nduru, "Tanzania-Human Rights: Beefed-up
Police Presence in Refugee Camps," Inter Press Service, 18 February
18, on-line. back
17 U. S. Department of State, Department
of State Human Rights Country Reports 1996, February 1997, on-line.
back
18 Amnesty International, Amnesty International
Report 1997: Tanzania: Refugees Should not be Returned to Near
Certain Death, available from: http://www.amnesty.org, accessed
on 28 February 1998. Tani Freedman, "UNHCR Chief Evokes Crisis
in Respect of Humanitarian Principles," Agence France Press,
13 October 1997, on-line. Moyiga Nduru, "Burundi-Politics: New
Mediator in the Offing?" Inter Press Service, 2 September 1997.
John Nyaga, "UNHCR to Train Tanzanian Police to Patrol Refugee
Camps," Agence France Presse, 17 February 1998. Moyiga Nduru,
"Burundi-Tanzania: Peace Effort Takes a Nose-dive." Moyiga Nduru,
"Tanzania-Human Rights: Beefed-up Police Presence in Refugee
Camps," Inter Press Service, 18 February 1998. back
19 U. S. Department of State, Department
of State Human Rights Country Reports 1996, February 1997, on-line.
back
20 Ibid. back
21 "Tanzania: Human Rights Advocated
in Tanzania," Africa News Service, Inc., 6 October 1997.
back
22 U. S. Department of State, Department
of State Human Rights Country Reports 1996, February 1997, on-line.
Amnesty International, Amnesty International Report 1997: Tanzania.
back
23 U.S Department of State, Tanzania
Country Report on Human Rights Practices for 1997. U.S. Department
of State, Department of State Human Rights Country Reports 1996.
back
24 Ibid. back
25 Ibid. back
26 Fact Sheet: Women, Agriculture and
Rural Development: United Republic of Tanzania," Posted on 3
June 1996, accessed in April 1998. back
27 Magdalena K. Rwebangira, "Gender
and Law: The Case of Land in Tanzania," paper presented at the
Gender and Law Conference: Eastern Africa Speak, Addis Ababa,
October 1997. back
28 "Educating Women in Rural Tanzania,"
Internet, available from: http://www.cbie.ca/cida/cp7079.html,
accessed on 25 April 1998. back
29 "Annual Report on Prospects for
Economic and Social Growth: Tanzania," International Market
Insight Reports, 24 February 1997, on-line. back
30 Ibid. back
31 International Women's Rights Action
Watch (IWRAW), Report, "Legal Status of Women: Tanzania 1995,"
available from IWRAW at the Hubert H. Humphrey Institute of
Public Affairs, University of Minnesota. back
32 Ibid. (citing Barthazar A. Rwezaura,
The Integration of Marriage Laws in Africa with Special Reference
to Tanzania, Paper Presented to the Regional Conference on Social
Change and Legal Reform, Harare, Zimbabwe (January 1987).
back
33 International Women's Rights Action
Watch Report, "Legal Status of Women: Tanzania 1995," available
from IWRAW at the Hubert H. Humphrey Institute of Public Affairs,
University of Minnesota. Ibid. (citing a letter from Magdalena
Rwebangira to the International Women's Rights Action Watch,
dated 24 November 1994). back
34 International Women's Rights Action
Watch Report, "Legal Status of Women: Tanzania 1995," available
from IWRAW at the Hubert H. Humphrey Institute of Public Affairs,
University of Minnesota. back
35 Report of the Committee on the Elimination
of Discrimination Against Women, Tanzania, CEDAW, 9th Sess.,
CEDAW/C/SR.157 (1990). back
36 United Nations High Commissioner
for Human Rights, Concluding Observation of the Committee on
the Elimination of All Forms of Racial Discrimination: United
Republic of Tanzania, 9 August 1995, on-line. back
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