Human Rights Law at Tanzania
Human Rights Law in Tanzania is based on a combination of constitutional guarantees, statutory laws, and international treaties. While Tanzania has made progress in areas like education, healthcare, and gender equality, the country has also faced criticism for limiting civil and political rights, especially regarding freedom of expression, assembly, and association.
1. Constitutional Framework
Constitution of the United Republic of Tanzania (1977, as amended)
The Constitution provides a Bill of Rights (added in 1984) which guarantees several fundamental human rights, including:
Right to life
Equality before the law
Freedom of expression
Freedom of association
Right to work
Right to personal freedom and privacy
Right to education and health care
Freedom of religion and conscience
However, many of these rights are subject to limitations “in accordance with the law”, which allows the government to restrict rights for reasons like national security, public order, or morality.
2. Key Human Rights Protections
Freedom of Expression
Protected by the Constitution, but heavily limited in practice.
The Cybercrimes Act (2015) and Media Services Act (2016) have been used to silence journalists, bloggers, and critics.
Defamation and sedition laws have been used to punish political opposition and media figures.
Freedom of Assembly and Association
The law requires permits for public meetings and demonstrations.
Political rallies are often banned or disrupted, especially those organized by opposition parties.
Civil society organizations are monitored and restricted, especially if they work on governance or human rights issues.
Gender Equality and Women’s Rights
Tanzania has legal frameworks to address gender-based violence (e.g., the Sexual Offences Special Provisions Act).
Child marriage and female genital mutilation (FGM) remain challenges, especially in rural areas, despite laws prohibiting them.
Women’s participation in politics and education has improved, but gaps remain.
Rights of Children
Tanzania is a party to the UN Convention on the Rights of the Child (CRC).
Despite legal protections, issues such as child labor, early marriage, and corporal punishment in schools persist.
3. International Human Rights Commitments
Tanzania is a signatory to several international and regional human rights treaties, including:
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
African Charter on Human and Peoples’ Rights
However, domestic implementation of these commitments is often inconsistent.
4. Human Rights Institutions
Commission for Human Rights and Good Governance (CHRAGG)
An independent constitutional body responsible for promoting and protecting human rights.
It receives complaints from individuals and organizations and can investigate human rights violations.
Criticized for lacking full independence and resources to operate effectively.
Judiciary
Mandated to uphold the Constitution and rule of law.
Concerns have been raised about judicial independence, particularly in politically sensitive cases.
5. Restrictions and Challenges
Political Space: Under recent administrations, Tanzania has been criticized for shrinking democratic space by suppressing opposition parties and independent media.
LGBTQ+ Rights: Homosexuality is criminalized under the Penal Code, and members of the LGBTQ+ community face harassment and discrimination.
Use of Force by Security Forces: Reports of excessive force by police and security forces during elections and protests have been documented.
Internet and Digital Freedoms: The government has imposed internet shutdowns and online censorship during elections and protests.
6. Recent Developments and Reforms
Under President Samia Suluhu Hassan, who took office in 2021, there have been modest signs of opening civic and political space, including lifting bans on some media outlets and easing restrictions on political gatherings.
However, human rights organizations urge deeper reforms to guarantee long-term protection of rights.
7. Conclusion
Tanzania’s legal framework provides for a broad range of human rights, but in practice, enforcement is inconsistent and often politically motivated. The country continues to face challenges in balancing state authority with individual freedoms. Strengthening institutions like the judiciary and CHRAGG, ensuring free media, and aligning domestic laws with international standards will be key to improving the human rights situation.
RELATED Blog
0 comments