HUMAN RIGHTS

HUMAN RIGHTS
Challenges and Opportunities
Tanzania has ratified several human rights conventions and references the Universal Declaration for Human Rights as a directive for government action in the Union Constitution. It is a member, as well as the hosting State, of the African Court of Human and Peoples Rights. Throughout the course of 2011, the country engaged in the Universal Periodic Review, which emanated in a series of progressive commitments for human rights reforms. In November 2012, the States first report to the Committee for Economic, Social and Cultural Rights was reviewed emanating in Concluding Observations on key achievements and challenges for full compliance with Covenant standards at the national level. Key features of the national human rights in front of a group of students at the annual Saba-Saba fair 2012 context are the Bills of Rights in the Union and Zanzibar constitutions, a growing collection of national laws giving domestic Commission has carried out a first round of public force to international human rights law, the Commission consultations and aims to present a proposal for changes, for Human Rights and Good Governance and a vibrant civil followed by a referendum, in 2014. society, hosting a core of NGOs with skilled monitoring Major strides vis-a-vis global indicators on universal capacity and pro bono legal services. Academia also plays education and gender equality are being made. A globally a significant role in promoting human rights. leading study on violence against children from 2011 In 2010, amendments to the Zanzibar Constitution were and an increasing number of rights-based judgments introduced, establishing a Government of National from upper courts are other laud measures in the recent Unity, thereby addressing decades of political turmoil past. In 2010, the government managed to halt vicious on the isles. A union constitutional review process was killings of persons with albinism, but new cases of deadly been initiated in 2011 and the Constitutional Review violence or serious bodily injuries against this particular group suddenly re-emerged in early 2013.
Public human rights education is one of CHRAGGs core mandates, as carried out

Programme At a Glance

Programme Objective

Human rights advisory services The UN country team more effectively promotes Human Rights through advocacy, programming and operational management July 2011 June 2015 Active

Duration Status Implementing Agencies

RCO (lead), FAO, ILO, IOM, OHCHR, UNAIDS, UNDP, UNESCO, UNFPA, UNHCR, UNICEF, UNWomen, WFP and WHO Partner Attorney Generals Chamber, Commission for Human Rights and Good Governance, the Judiciary, NGOs, Academia Total USD 140,000 for the provision of policy and technical available budget advise, complementing other programme budgets Beneficiaries UN country team, duty-bearers and rights-holders in Tanzania

Hate crimes or other expressions of ethnic or religious intolerance are rare, but not eradicated. Among the most vulnerable groups are women blamed to practice witchcraft, who in the number of hundreds fall victims to mob raids every year. Other patterns of societal violence include child marriage and female genital mutilation, the combating of which need significant efforts to succeed. Worst forms of child labour practices have been identified in the small scale mining and fishing industries. Many people living with HIV face significant stigma. Capacity challenges, amplified by widespread corruption, are other obstacles for the full realisation of human rights, particularly for services provided by the police, the courts, the health sector and local administration. Human trafficking has not yet been fully curbed. Ambiguities between formal and customary land ownership policies

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affect other groups of the population and occasionally cause tensions between land owners and pastoralists, game reserve exploiters and the local communities. A growing educated youth force is raising demands for the right to work and improved living standards. Persons with disabilities, including albinism, the elderly and households lacking own resources articulate a growing resentment on the gaps in social protection and safety nets. These and other challenges for the realization of human rights have made the Ministry of Constitutional and Legal Affairs and Commission for Human Rights and Good Governance to prepare a National Human Rights Action Plan. The plan brings Attorney Generals Chamber - coordinating government engagement in together all Ministries, Departments and international human rights mechanisms - arrives at the celebrations of Human Agencies, Local Government Actors as well Rights Day, 10 December 2012 as the Justice Sector and civil society around a solid set of interventions and monitoring approaching international human rights mechanisms or activities, taking into account the countrys designing plans relevant to the realization of human rights. international obligations and commitments. Aligned with the national budgetary system and sector reform In this respect, the collaboration between government strategies, it represents a promising opportunity for representatives from Mainland and Zanzibar, CHRAGG, consolidating human rights based approaches in national civil society and the UN country team for the Universal growth and poverty reduction efforts across Mainland Periodic Review has received global attention as a good and Zanzibar for years to come. practice. The UN country team has also been valued by the top leadership of the government for its technical United Nations in Action support to stakeholders engaged in the preparation of the National Human Rights Action Plan. Besides, it As fully articulated in the UN country team Vision for counsels major UN service providers on equality and 2015, integration of human rights standards in all UN labor standards, and encourages them to uphold them in activities remains a priority objective of the members their business practices. of the Country Team. A number of development and humanitarian assistance activities articulated in the UN Development Assistance Plan (UNDAP) also reflect the commitment. Human rights standards informing the UNDAP outcomes relate to all generations of human rights and place the conditions of vulnerable groups, including persons with disabilities, persons living with HIV and victims of abuse and exploitation at the centre of concern. In other words, in supporting the achievement of the MDGs for Tanzania, the UNDAP has ensured an equality and non discrimination approach to goals, the process and eventually, the evaluation. As an element of the Delivering as One approach, the UN country team has moreover committed to progressively increase human rights mainstreaming in communication and UN operational management. Thus, it is often requested to provide technical support and advice to government and other national actors

Key UN country team achievements relevant to human rights

A rigorous Human Rights Based Approach to the formulation of the UNDAP A mandatory human rights checklist to guide the planning and performance assessments of UNDAP Annual Work Plans Technical, financial and media support to the countrys engagement in the Universal Periodic Review Technical and financial support to the preparation of a National Human Rights Action Plan, including its Monitoring and Evaluation framework Technical support to capacity development efforts for the Commission on Human Rights and Good Governance Awareness raising activities among media officials and UN service providers about human rights principles and mechanisms Partnerships, involving technical support, to a number of Tanzanian NGOs and civil society initiatives

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Under the direct oversight of the UN Resident Coordinator, there is a country level UN Human Rights Working Group to coordinate the work. It brings together the various human rights mandates of agencies under one common policy agenda, assists the country team with the application of Human Rights Based Approaches and coordinates the provision of technical advice to Tanzanian partners. Cultural Rights have turned the standards of the UDHR into two legally bindings conventions, and Tanzania have voluntarily acceded to both. Each human rights treaty has a committee of independent experts attached to it. The committee monitors the implementation of the treaty at national levels through requesting reports from States and responding by means of Concluding Observations outlining progress and concerns for the State. The last Concluding Observations for Tanzania were issued in December 2012, and concern the International Covenant on Economic, Social and Cultural Rights. What is a National Human Rights Institution? National Human Rights Institutions (NHRIs) are independent institutions mandated by domestic laws to promote and protect human rights at the national level. Monitoring, reporting, public enquiries and handling of individual complaints are among the core measures to carry out such a role. In the so-called Paris Principles, the UN General Assembly set out a number of principles to guide Member States considering establishing NHRIs. A committee reviews the compliance with these principles on a regular basis and rates the level of compliance. The Tanzanian NHRI the Commission for Human Rights and Good Governance (CHRAGG) has twice received the highest rating of compliance, indicating it is legally mandated to carry out all functions enshrined in the Paris Principles. CHRAGG has a head office in Dar es Salaam and three branch offices, including in Zanzibar.

Basic Facts about Human Rights

What does a Human Rights Based Approach mean?
A human rights based approach (HRBA) serves to analyze the underlying causes of development challenges, whereby human rights standards define gaps of concerned duty-bearers and needs among affected rights-holders, particularly the most vulnerable and marginalized. It is a people centered approach to development, complementing the Millennium Development Goals by strengthening support for the principles of nondiscrimination, indivisibility of rights and the rule of law in poverty reduction efforts. UN agencies share a common understanding of the HRBA and apply them in development assistance programmes all over the world, and in Tanzania.

What is the Universal Periodic Review?

The Universal Periodic Review is a peer-review process engaging all 193 UN Member States. Following the preparation of a national report and submissions from National Human Rights Institutions, NGOs and other stakeholders, a State delegation appears in front of the Human Rights Council in Geneva, Switzerland, where it receives recommendations on action to be taken to improve the human rights situation back home. The State responds by making commitments for follow-up until the next review takes place. Tanzania went through the Universal Periodic Review in October 2011 with a final Outcome Document adopted in March 2012. CHRAGG and some sixty Tanzanian NGOs and CBOs filed submissions. A review by the Human Rights Council on the follow-up of commitments made is scheduled for 2016.

What is a human rights treaty?

A human rights treaty or convention is a legally binding agreement between States to uphold certain standards at national levels. States only become parties to a treaty or convention if they voluntarily accept its terms and conditions. If so, they assume obligations to take various steps to give effect to the human rights standards enshrined therein. For instance, the Universal Declaration of Human Rights (UDHR) is not a legally binding treaty, however, the two International Covenants on Civil and Political Rights and on Economic, Social and

Deputy Minister for Constitution and Legal Affairs Angellah Kairuki and CHRAGG Chairman, Judge Amiri Manento receiving information at an exhibition booth on Human Rights Day, 10 Dec 2012

What human rights grievance mechanisms exist for Tanzanians?

Individuals may turn their grievances to the Commission for Human Rights and Good Governance (CHRAGG), which has a legal mandate to assist in resolving disputes relevant to human rights abuses and finding an amicable settlement. Depending on the nature of the complaint,

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individuals may also take court action. If so, CHRAGG or several NGOs offer free of charge legal counseling and may also represent the case in court. Specific grievance procedures exist for prisons, the police and other sectors. To the extent the national system fails to offer an effective remedy, individuals can turn to the African Court of Human and Peoples Rights, or when it concerns discrimination against women, also to the Committee on the Elimination of Discrimination against Women. Moreover Special Procedures of the Human Rights Council consider all petitions about gross or systemic violations of human rights. submissions from CHRAGG as well as civil society. Other recent official documents were prepared in connection to the review by the Committee on Economic, Social and Cultural Rights in 2012:. Two NGOs, i.e. the Legal and Human Rights Centre in Mainland and the Legal Service Centre in Zanzibar, release comprehensive joint reports on an annual basis. CHRAGG, other NGOs as well as the media monitor the situation continuously and issue more specific reports, which may be requested by contacting the respective organization. On the One UN website, you may also find speeches, reports and statements from UN officials relevant to human rights and Tanzania. By browsing the Office of the High Commissioner for Human Rights global website, a lot of information of general and country specific interest can be found. Useful links: http://www.ohchr.org/EN/HRBodies/ UPR/Pages/TZSession12.aspx, http://www2.ohchr.org/ english/bodies/cescr/cescrs49.htm, http://tz.one.un.org, http://www.ohchr.org, http://chragg.go.tz, http://www. humanrights.or.tz; http://www.zlsc.or.tz Recent Treaty Body review Concluding Observations 2005 Concluding Observations 2012 Concluding Observations 2009 Concluding Observations 2008 Concluding Observations 2006 Concluding Observations 2008 Concluding Observations 2008 -

Where can I find out more about the national human rights situation?
The documentation produced in connection to the Universal Periodic Review 2011 is fairly updated, comprehensive and carefully validated. It comprises of three official reports; the national report prepared by the government, a UN compilation and a compilation of Name of Ratified Core UN Human Rights Treaty* International Convention on Elimination of All Forms of Racial Discrimination (ICERD) International Covenant on Economic, Social and Cultural Rights (ICESCR) International Covenant on Civil and Political Rights (ICCPR) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol to CEDAW Convention on the Rights of the Child (CRC) Optional Protocol to the CRC on the involvement of children in armed conflict Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Convention on the Rights of Persons with Disabilities (CRPD) Optional Protocol to the CRPD Other relevant Human Rights Treaties ratified

Date of Signature 27 Oct 1972 11 June 1976 11 June 1976 20 August 1985 12 January 2006 10 June 1991 11 November 2004 24 April 2004 10 November 2009 10 November 2009

Convention on the Prevention and Punishment of the Crime of Genocide Rome Statute of the International Criminal Court Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol) 1951 Convention on the Status of Refugees and its 1967 Protocol Geneva Conventions of 1949 and Additional Protocols thereto ILO fundamental conventions UNESCO Convention against Discrimination in Education African Charter on Human and Peoples Rights (Banjul Charter) Protocol to the Banjul Charter on the Establishment of an African Court on Human and Peoples Rights *The country has committed to ratify the Convention Against Torture, Inhuman and Degrading Treatment or Punishment (CAT), and to further consider the ratification of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW).
United Nations Resident Coordinators Office P. O. Box 9182, Dar es Salaam - Tanzania Phone: +255 22 260 2884 Fax: +255 22 260 2802 To learn more about the 9 additional areas of cooperation between the UN and the Government of Tanzania under the 2011-2015 UNDAP, please consult the complete UNDAP Information Pack or visit http://tz.one.un.org.