With relevant authority and illustration examine the extermmly of violarion of human righ in Tanzania.
Human right describe equal right and freedom
for anyone regardless of race, color,
sex, language, religion or political affillation. 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 andouied with reason and consciences and should act towards one an other in a spirit of
brother hood. This statement difines that each and every human is entitled to
all right. Human right are fundamental to human existence. The declaration of
human right of 1948 provides 30 articles which elaborate differenthuman right.
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 rouiards one another in a spirit of brother
hood.
Article 2
Everyone
entitled to all the rights and freedom
set forth in this decloration without discrination of any kind, such
rale, colour, sex, language, religion, political or the other opinion, national
or social origin, property, borth or other status.
Article
3
Every
has this right to life liberith and securith of person. Tanzania human
right 12-24 universal athough human
right declaration but still are violated, the violation of human right can maen
the following first the lack of observers of human right or disobe of human
right and second mean thisfailure to do
what is required by the law or misrespectiful 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 threasensed and
harassed right activities and numerous prominent members of opposition parties
who were criticalof the government or the president. =on December 13, 2016,
police arrested maxence meloa prominent human rights defender and the owner of
jamiiforums, an independent whistleblower and reporying website and mike
William, a shareholder of jamii media, which hosts the site. The site hosted
articles and debates exposing oublic sector corruption and criticizing
government actions.
Police
searched the offices jamii forums and melos home without marrants. They
reportedly made copies of several documents. On December 16, 2016, the
residisnt 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 anzania. Their trial began in august 2017 and
consinued 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 mey ula
mitego, following the release of his song that allegedly insulled the
president. He was released without charges.
In jully, dare s salaam district commissioner
ordered the arrest of Halima mdee, armember of parliament and head of bcuacha,
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 estor bulaya 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 jounarist and attacks of
politicians, there wee allegation police tailed to file required arrest report
for detained persons, resulting in hundreds of unresolved dissippearance.
Police and government official denied these claim. The central government
reported that state government screening commities informed families about the
state of detainees. These were report, however, that person guards sometimes
reguired bribes from families to confirm the detention of their relatives .
fore example . AZORY GWANDA a journalist with mwananch communication ltd was
recently . kindnapped 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 alledgelly indulging in apposition polices.
Also in September, unidentified attackers
shot and woulded tundu liddu, an outspoken member of parliament in Dodoma but
until today no one is arrestrd or reported for this action and the government end up with saying thos
attackers were unknown people without doing any effort to find them.
Political
prisoners and detainees. Several
opposition politicians and individuals critical of the government were arrested or detained during the year.
Such individuallswere usually charged
with sedition, incitement or
unlawful assembly. Fore
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 boil.
Denial
of fair trial
The
constitution provides for an independent judiciary, but many components of the
judiciary remained under funded, corrupt, 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 neral ares. These were fewer than two judges per
millions persons. Court clerks reportedly contitwed to take bribes to
open cases or hide or misdirect the files of those accused of crimes.
Magistrates of lower courts occasionally bribes to determines the out come of
cases.
Arbitrary
arrest or detention, the constitution
prohibits carbitrary arrest and detention although regional and district
commissioners have discretionary authority to order some one detained for up to
48 hours without charges. This outhority was used frequently to detain
opposition member or person expressing
criticism of the government . the law allws person arrested or detained,
regardidless 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 provideds 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 unered republic of Tanzania under art
20(I)
Country
reports on human right practices for 2017
Provides
the right of freedom of peaceful assembly
and association. So support this lare to look the case of baraza la
wanawake Tanzania (bawata) and 5 other vs registar of societies and other.
Misc. civil case no 27 of 1997. Bawata was formed in 1994 to unitewomen of all
economic, social and political back ground to ensure gender equlity 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 it’s 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.
Fore
example mate’s look the violation of
right to boil on the case of DPPvs davdi pete 1993 TLR 28 in this case the respondent was charged with
roggery with violation before musoma court district the offences was unbailable
under 5 148 (3) (e) of civil procedure cap 20 . respondents appeaced to the
high court were high court held that s 148 (3) (e) was an onstitutional as it
bail . then the DPP was argured the decision of the court of appeal that s 148
(5) (e) was an constitution al and daudi pere contierve to enjoy the right to
bail.
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 recguire the state
to make law which prohibite violation of human right and this lastly state is
recguired to provide conducile environment and to take reasonable members, for
citizen to enjoy or fulfill human right.
Reference
The
constitution of united republic of Tanzania of 1977cace
DPP
vs 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
Country
reports on human right practices for 2017 and 2018
https;
// w.w.w . hrw. Org/world-report 2018 country – chapter/ Tanzania &
zanzibar
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