With relevant authority and illustration examine the extremely of violation of human right in Tanzania.
Human right
describes equal right and freedom for anyone regardless of race, color, sex,
language, religion or political affiliation. A started by the U.N declaration
of human right in 1948 all human being are born free and equal in dignity and
right. They are endowed with reason and consciences and should act towards one
another in a spirit of brother hood. This statement defines that each and every
human is entitled to all right. Human right is fundamental to human existence.
The declaration of human right of 1948 provides 30 articles which elaborate
different human right[1].
For example
Articles 1
All
human being are born free and equal in dignity. They are endowed with reason
and conscience and should not act toward one another in a spirit of brother
hood.
Article 2
Everyone
entitled to all the rights and freedom set forth in this declaration without
destination of any kind, such race, color, sex, language, religion, political
or the other opinion, national or social origin, property or other status.
Article
3
Every
has this right to life liberate and security of person. Tanzania human rights
are provided under article 12 up to 24 for example.[2]
Article
14
Every
person has the right to live and to the protection of life the society in accordance
with the law.
Article
15
Every
person has the right to freedom and lo lives as a free person.
Although
human right declaration is university declaration still are violated, the
violation of human right can mean the following first the lack of observers of
human right or duties of human right and second mean this failure to do what is
required by the law or mis respectful at which contriving human right or
duties. The state have the duties to protect human right, to respect and to fulfill human right
to the citizen, but mostly of some cases the state violate human right.
Especial in Tanzania, the state violate human right in the following ways;
Freedom of expressive;
authorities arbitrarily arrested or other uses threatened and harassed right
activities and numerous prominent members of opposition parties who were
critical of the government or the president. On December 13, 2016, police
arrested Maxence Melo prominent human rights defender and the owner of Jamii forums,
an independent whistleblower and reporting website and mike William, a shareholder
of Jamii media, which hosts the site. The site hosted articles and debates
exposing public sector corruption and criticizing government actions.
Police
searched the offices jamii forums and melos home without warrants. They
reportedly made copies of several documents. On December 16, 2016, the resident
magistrate court of Dar Es salaam brought charges against Melo, under Tanzania’s
controversial cyber crime law, including obstruction of investigation for
refusing to reveal the names of anonymous contributors to Jamii forums; and
“Managing
a domain not registered in Tanzania. Their trial began in august 2017 and continued
at time of writing.
In
march, police in Morogoro about 200 kilometers west of dare s salaam,
arrested Emmanuel Elibariki, a popular Tanzanian rapper known as Ney wa Mitego,
following the release of his song that allegedly insulted the president. He was
released without charges.[3]
In jully, dare s salaam district commissioner
ordered the arrest of Halima Mdee, a Member of Parliament and head of Bawacha The
women wing of the opposition political party Chadema. Mdee had been critical of
the president’s decision to ban pregnant girls from public school. Police
charge her with insulting the president.
In
august, police arrested Ester Bulaya a member parliament for Bunda, for
conducting political activities outside her constituency. In separates events,
police also arrested goggles Lema Member of Parliament Arusha urban and Salumu
Mwalimuthe party’s deputy secretary general in Zanzibar accusing both
politicians of sedition.
Disappearance of journalist and attacks of
politicians, there wee allegation police tailed to
file required arrest report for detained persons, resulting in hundreds of
unresolved disappearance. Police and government official denied these claim.
The central government reported that state government screening committees
informed families about the state of detainees. These were report, however,
that person guards sometimes required bribes from families to confirm the detention
of their relatives. Forexample. AZORY GWANDA a journalist with Mwananchi communication
ltd was recently. Kidnapped and is said to have killed till today for reporting
accidents of killing at kibiri in Pwani. Also member of Chadema by the names of
Sanane has never been seen for ever for allegedly indulging in apposition
polices.
Also
in September, unidentified attackers shot and wounded Tundu lissu, an outspoken
member of parliament in Dodoma but until today no one is arrested or reported
for this action and the government end up with saying those attackers were
unknown people without doing any effort to find them.[4]
Political Prisoners and detainees. Several opposition politicians and individuals
critical of the government were arrested or detained during the year. Such
individuals were usually charged with sedition, incitement or unlawful assembly.
For example Tundu Lissu, a member of
parliament , the opposition chief whip, and the president of the Tanganyika law
society, was arrested at six times during the year, and variously charged with
incitement , insulting the president and violating the terms of his bail. In
each incident he was released on bail.
Fore
example mate’s look the violation of
right to boil on the case of DPP v David
Pete 1993 TLR 28[5] in this case the respondent was charged with
robbey with violation before Musoma court district the offences was unbailable
under 5 148 (3) (e) of civil procedure cap 20 . Respondents appealed to the
high court were high court held that s 148 (3) (e) was a constitutional as it bail.
Then the DPP was argued the decision of the court of appeal that s 148 (5) (e)
was a constitution al and Daudi Pete continues to enjoy the right to bail.
Denial of fair trial The
constitution provides for an independent judiciary, but many components of the
judiciary remained under funded, corrupt, and inefficient (especially in the
lower court) and subject to executive influence. Judges and senior court
officers are all political logistical and financial constraints that limit
access to justice for person in nearly areas. These were fewer than two judges per
millions persons. Court clerks reportedly continued to take bribes to open
cases or hide or misdirect the files of those accused of crimes. Magistrates of
lower courts occasionally bribes to determine the out come of cases.
Arbitrary arrest or detention,
the constitution prohibits arbitrary arrest and detention although regional and
district commissioners have discretionary authority to order some one detained
for up to 48 hours without charges. This authority was used frequently to
detain opposition member or person expressing criticism of the government. the
law allows person arrested or detained, regardless of whether on criminal or
other grounds, the right to challenge in court the legal basis or arbitrary
nature of their detention and obtain prompt release and compensation if found
to have been unlawfully detained. The law requires that a civil case must be brought
in order to make such a challenge; in practice this was rarely done.
Freedom of peaceful assembly and
association, the constitution provided for freedom
of assembly, but the government did not always respect this right. The government
requird organizers of rallies to obtain police permission, police may deny
permission on public safety or security or of the permit seeker. The
constitution of united republic of Tanzania under art 20(I) Provides the right
of freedom of peaceful assembly and association. So support this late look the
case of Baraza la Wanawake Tanzania (BAWATA) and 5 other v register of
societies and other. Misc. civil case no 27 of 1997[6].
Bawata was formed in 1994 to unite women of all economic, social and political
back ground to ensure gender equality in a multiparty, democracy state. The
government deregistered it without affording a chance to be heard. When the
issue was raised the government reversed itself and demanded that BAWATA amend its
constitution and become a research institution. It’s action was argued in the
high court of Tanzania that this government action of deregistering BAWATA is
unconstitutional by violating articles
13 (6) (a), 18 and 20 of the constitution of Tanzania.[7]
Generally,
the government or state has a defines to respect human right, to protect and to
fulfill human right, when we say duty to respect human right means the state
should make sure that every individual in the state enjoy human right as
stimulated under domestic law and international instrument of human right like
freedom of express, and second duty to protect this duties required the state
to make law which prohibited violation of human right and this lastly state is required
to provide conducive environment and to take reasonable members, for
citizen to enjoy or fulfill human right.
REFERENCES
Constitution
The
Constitution of The United Republic of Tanzania 1977
Case Laws
DPP
v Daudi Pere 1991 TLR 28
Baraza
la wanawake Tanzania (BAWATA) and 5 others vs registar of societies and othermsc.
Civil case no 27 of 1997
Online Materials
https;
// w.w.w . hrw. Org/world-report 2018 country – chapter/ Tanzania & Zanzibar
Country
reports on human right practices for 2017 and 2018
[1] https; // w.w.w . hrw.
Org/world-report 2018 country – chapter/ Tanzania & zanzibar
[2] The Constitution of The United
Republic of Tanzania 1977
[3] https; // w.w.w . hrw.
Org/world-report 2018 country – chapter/ Tanzania & zanzibar
[4]
https; // w.w.w . hrw.
Org/world-report 2018 country – chapter/ Tanzania & zanzibar
[5] DPP VS Daudi Pere 1991 TLR 28
[6] Baraza la wanawake Tanzania
(BAWATA) and 5 others vs registar of societies and othermsc. Civil case no 27
of 1997
[7] Country reports on human right
practices for 2017 and 2018
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