International Law

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    Tanzania’s compliance with international law on children in conflict with the law: A case study of Zanzibar
    (Mzumbe University, 2014) Amour, Chum K
    Children in conflict with the law is a phrase which deals with any person who is below the age of eighteen years accused of breaching penal law. International law has placed some principles and standards to be complied by State when dealing with offending children. This study investigated how Zanzibar complies with international law on children in conflict with the law. The study applied case study design. Questionnaires and interview were used to collect primary data direct from the respondents. Several instruments, international, regional and domestic were consulted to get some information on the study. Writings of scholars and government documents were also visited for secondary data. The research found that Zanzibar has very comprehensive legislation that to the large extent replicate the requirements of international law on juvenile justice. However, it was revealed that to the large extent the law is not realized by the juvenile justice stakeholders. The existence of only one Children Court in Zanzibar, insufficient numbers of trained legal professionals and poor mechanism for rehabilitation of delinquent juveniles are factors, among others, to substantiate the minimum implementation of the law. On top, people are not aware of the juvenile justice in general. In this regard, this study put some recommendations including operationalization of the existing Zanzibar Children’s Act. Awareness creation among the people is to be urgently maintained by the government and international cooperation is also of vital importance.
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    Protecting the rights of detained juvenile delinquents:Tanzanias compliance with international standards
    (Acharya Nagarjuna University, 2018) Mwajuma,Kadilu
    The main idea of this study is to assess Tanzania’s compliance with international standards in protecting the rights of detained juvenile delinquents. The study is based on the premise that Tanzania is not protecting the rights of juvenile delinquents up to the required international standards. Sometimes, juveniles are involved in delinquent acts which bring them in contact with the police, courts or find themselves in detentions where they may be incarcerated. Consequently, they become victims of human rights violations as they are often detained for long period of time, sometimes in adult facilities where they are at high risk of violence including sexual violence, acts of torture, punishment and inhuman or degrading treatment. They also lack legal assistance throughout legal processes and in the detentions there are no rehabilitation and reintegration programmes to prepare them for life after release. Divided into six chapters, this study examines Tanzania’s compliance with international standards in protecting the rights of detained juvenile delinquents. The study is confined to the Mainland Tanzania and it is limited to the rights of juvenile delinquents when they are placed in penal detentions only. It does not address the rights of juvenile delinquents in mental health detentions or when they are under the custody of Social Welfare or Immigration Officers. The work consists of data from library research which lays a theoretical framework of the problem and field data that supports the theoretical work. Through library research, books, legislations, articles, international conventions, government notices, various reports and periodicals were examined. In the field research, data were collected from twenty two detention facilities and from individuals dealing with the administration of juvenile justice in Tanzania. The study revealed that despite the Government’s efforts to improve juvenile justice system, the laws and practice governing detained juvenile delinquents are still falling short of international standards which the country has ratified and domesticated. The major reason for non compliance with international standards has been found to be the poor administration of juvenile justice rather than lack of infrastructures as contended by the Government in its various reports. The country is also lacking the actual implementation of the laws relating to juvenile justice. In the end, the study suggests inter alia, that there is a need to establish and operate Retention Homes in all zones of the country and to construct juveniles’ cells, wings or wards in all police stations and prisons. Further, the researcher urges the Ministry of Constitutional and Legal Affairs to establish the Government-funded legal aid scheme for juvenile delinquents to ensure free and accessible legal assistance to them so as to realize their rights throughout the justice process.
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    The assessment of international conventions and municipal laws in relation to the protection of coastal environment: A case of Dar es Salaam Tanzania
    (Mzumbe University, 2013) Nsemwa, Christopher E
    This research deals with the assessment of international instruments and municipal laws present in Tanzania, to determine the extent of their contribution to protection of the coastal zone environment. The rationale behind this study came from the fact that the Constitution of United Republic of Tanzania 1977 (as amended) has not addressed enough the aspect of environment, likewise the Environment Management Act of 2004 has not addressed in precise terms the coastal zone management despite making it an offence for anyone to pollute environment. The study involved both, the library and field research. The researcher employed two techniques namely purposive and snowball sampling whereby the former type of sampling procedure enabled the researcher to get data from prominent respondents. While the later were applied to few selected experts as well as those with sufficient experience. The targeted population included 2 legal officers from the Office of Vice President, Environmental Division; 2 Officials from The National Environmental Council: 7 Lawyers from various NGOs: 10 Fishermen: and 5 different people: The work has five chapters and each chapter deals with a specific topic. The first chapter introduces the research and it deals with the background, statement of the problem and literature review among others. The second chapter is conceptual framework, in which some concepts regarding coastal environment have been covered. Chapter three looks into the legal and institutional framework. Findings are under chapter four. The last chapter is about the summary, conclusion and recommendations. The study shows that there are various causes of destruction of the coastal environment. The notable are poverty, lack of environment education: corruptions, and poor planning on the part of the government. Also the study shows that the present legal regime in Tanzania has not addressed in precise terms the management of the coastal zone environment, therefore the researcher proposes, the establishment of national and international law specifically to address and protect the coastal zone environment.
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    Tanzania legal framework in conservation and management of natural resources by combating deforestation
    (Mzumbe University, 2013) Mtinangi, Jumanne Ukhotya
    Deforestation is one of the major global problems facing conservation of natural resources, forests in particular and has internationally, regionally and sub-regionally been addressed through instruments. The instruments are CITES, UNFCCC, UNCBD, ACCNNR, EAC and SADC. Tanzania is a Party to these instruments. The objective of this research is to critically analyse the Tanzania legal framework on conservation of natural resources by combating deforestation in relation to international instruments. It strives to analyse and find out the weaknesses and challenges in the implementation of Tanzania legal framework in combating deforestation and making recommendation for the effective legal framework in combating deforestation. In conducting the analysis the study has employed both doctrinal and empirical research. With doctrinal research the study examined various international, regional and sub-regional instruments, legislations both principal and subsidiary. With non doctrinal research the researcher selected a sample of 34 respondents from MNRT, Bagamoyo and Handeni Council, Kibindu and Gole villages were interviewed, viz, Forest officers, legal officers, agriculture officers, land officers, environment, officers, village leaders, villagers and other persons interested. The findings of this study are that principal legislations and by-laws providing for forests conservation and management does not directly address the problem of deforestation and the instructional set-up is not well coordinated as there are parallel structures all intended to address the natural resources conservation. It is the conclusion of this study that the Tanzania legal framework in conservation and management by combating deforestation do not adequately address the problem of deforestation. It is recommended that the framework need to be reviewed by amending both principal legislation and by laws to directly address the problem of deforestation and institutional set up be properly coordinated.
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    The right to freedom of assembly and its legal limitations in Tanzania
    (Mzumbe University, 2016) Kilala, Bufungile
    The study focused on the right to freedom of assembly and its legal limitations in Tanzania. The right is one of the civil and political rights guaranteed in the Constitution of the United Republic of Tanzania 1977. The objectives of the research were based on three fold: firstly, to examine permissible limitations on the right to freedom of assembly and the observation of democratic system in Tanzania; secondly, to examine the protection of the right to freedom of assembly in a practical sense and thirdly to observe the powers and duties of the Police in relating to freedom of assemblies. The study involved an extensive description and analysis of single situation in Dar es Salaam region as a case study. The study deployed both primary and secondary data to review relevant sources of material. Questionnaire and interview were used to collect primary data. Sample size selected were 100 respondents, but only 85 respondents actually responded. Among them 15 were interviewed, 70 through questionnaire. Also, secondary data were reviewed and collected in the libraries as well as in different websites. The study deployed a detailed library research which involved analysis of the problem through statutes, text books; journal articles, case law and relevant website were accessed. The presentations of data finding were converted into percentage to bring the impression of the result. The major finding is that the weakness of the law has led to misinterpretations of the reasons of the allowable limitations clause of the right to freedom of assembly. The research was recommending that Tanzania government authorities and police institution should implement effectively their power granted by law and protecting participants of public assemblies, rather than infringing their rights. Also, government should amend limitations in the Police Force and Auxiliary Services Act, cap 322 RE 2002 that are too vague and can therefore result in an overly restrictive and/or arbitrary application of the law. Therefore, it should carry out a comprehensive review in order to abolish provisions of the law which infringes the right to freedom of assembly.
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    A critical analysis of effectiveness of the law to curb sexual violence against children : A case study of Zanzibar (Unguja)
    (Mzumbe University, 2016) Ahmed, Asha Mohammed
    This study is about the effectiveness of the law to curb sexual violence against children (SVAC) in Zanzibar. Studies have shown that, sexual violence against children incidence is increasing. The research was aimed at finding the available shortcomings or gaps in the laws and poor enforcement of the laws. Other factors that contributes to the predominance of SVAC in Zanzibar that prevent the effectiveness of laws in combating it. The researcher examined the national and international legislation pertaining SVAC for the aim of assessing its effectiveness in curbing sexual violence against children in Zanzibar. This study is a combination of both qualitative and quantitative methods which was meant at enabling collection of detailed information about the problem. The researcher used interview guides and questionnaires as tools of collecting detailed information from the respondents. The method of sampling used in this study is non-probability. The study findings reveal various gaps for handling sexual violence against children in the country. Consequently, Zanzibar’s legislation does not define sexual violence. On the contrary, those provisions formulated do not distinctly address SVAC and the marital rape is legalized in Zanzibar laws. There exists a practice of rapist marrying the victim as the means to avoid the rape charge. The law is silent on this practice which leads the trauma to the victim. Also the study reveals that there is a practice of unofficial compensation arrangements between the victim or victim’s family and the assailant intended to replace criminal justices system.. Therefore the researcher recommends that the laws should be reviewed and amended to address lacunae as revealed by the study. Above all, it should allow the private criminal investigation so that the cases and evidence of the cases will not be hampered. There is also a need to develop a respective national policy guideline for the child victim of sexual violence for medical
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    Implementation of international law obligations to non-discrimination: Examining the law of the child act. 2009
    (Mzumbe University, 2017) Projest, Johanitha
    This study is all about implementation of international law obligations to non- discrimination by examining the Law of the Child Act 2009 specifically looking at the challenges facing children born out of wedlock when it comes to right to inheritance. Challenges facing children born out of wedlock in relation to right to inheritance cut across the whole world and eventually the world has witnessed different movements towards protection of their rights. These children were not afforded any right from their biological further since they were regarded to be conceived in adulterous acts. Nowadays changes are happening they are afforded many rights without considering the status of their birth. These rights include right to education, right to play, right to social security, right to adequate standard of living, right to access information and right to inheritance just to mention few. Discrepancies come on the implementation of right to inheritance as the same has been subjected to religious belief of the father particularly in Tanzania. In complying with international obligation, Tanzania as state has done many things towards the prevention of discrimination against children born out of wedlock on birth status. Tanzania gave its concerns by ratifying several conventions, treaties and enacting the Law of the Child Act of 2009 to ensure children’s rights are protected. It is through this Act any person is prohibited from depriving a child a reasonable enjoyment out of the estate of the parents. As far as children born out of wedlock are concerned, right to inheritance is subjected to religious belief of the father. Through findings it has been noticed that, no any religion that offer right to inheritance to children born out of wedlock. This is a controversial issue which challenges not only implementations of international conventions and treaties instruments but also hinders fully enjoyment of right to property of children born out of wedlock. For the moment we have contradicting court`s decisions regarding this issue which lead to controversial jurisprudence in Tanzania. As such something of worth has to be done to rescue this situation facing children born out of wedlock when it comes to right to inheritance
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    The effectiveness of the laws in recognition and enforcement of foreign judgment in Tanzania
    (Mzumbe University, 2013) Edgar, Japhet
    This study aims at making assessment of the effectiveness of the laws governing the recognition and enforcement of foreign judgments in Tanzania particularly the Reciprocal Enforcement of the Foreign Judgement Act, No.8(RE 2002), whether they provide for the needful of their intention for the enactment. In assessing this issue the basic question relates to the extent and significance of the laws in bringing about the needful of its intention to enhance justice in Tanzania. A necessary concomitant of the study is its endeavour to render a jurisprudential justification for the effectiveness of these Laws towards the recognition and enforcement of the foreign judgement and the need for the decisions based on socio-economic considerations within the country. From time to time the researcher seeks to find how a society‟s culture, its judicial process and sophistication influence its perception, development and utilization of the foreign judgement in enhancing justice. As far as the international family consists of a variety of legal system with different perceptions and the fact that the right being acquired or vested by the competent authority must be recognized and enforced anywhere. Hence the need for the assessment of the Laws governing this aspect towards its effectiveness in enhancing justice and rights, and make recommendations
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    The role of African Union in dealing with the problems of internal armed conflicts in Democratic Republic of Congo
    (Mzumbe University, 2013) Salvatory, Calist.
    This study focuses the efficacy of the African Union in dealing with the Internal Armed Conflicts around the central Africa particularly in the eastern Democratic Republic of Congo (DRC). The African Constitutive Act states that one of the objectives of the Union is the maintenance of peace and security. Despite this premise African countries have continued to experience internal armed conflicts with the massive killings of innocents‟ civilians. In dealing with these problems of civil wars in African countries, the African Union is the main regional organisation. The Organisation of African Union (OAU), the African Union‟s (AU) predecessor has attempted to deal with the challenge of internal armed conflicts. The formation of AU on May 25, 1963 brings hope about the future of Africa in security and maintenance of peace. But inversely Africa under AU still continues to experience massive internal armed conflicts around the region. This argument forms the main theme of the research. By developing this idea the study will seek to find out why there are continuing internal armed conflicts in central Africa (DRC), the way AU has been dealing with such problems, what are the bottlenecks of the AU in dealing with these problems and what is the position of the law in dealing with these issues. The study will reveal some factors undermining the African Union in solving the internal armed conflict in the Democratic Republic of Congo include lack of resources in the organisation, externalisation of the conflict, poor financial power of the organisation and absence of standard socio-economic development in DRC. Also continued foreign interference intensify the violent element in DRC and the economy of the DRC has been militarised in the sense that armed conflict has become an ordinary means of making a living for part of the population. Some of the measures suggested by the respondents were to amend the AU Constitutive Act, to empower the African Union in solving the conflict, solving national issues, including weak economy, weak security and intelligence apparatus. The conclusion of the study is that the African Constitutive Act does not compel members of the African Union to help each other in the case of the internal armed conflicts. The organisation is a loose type of regional organisation whose emphasis is moral rather than legal obligations on respect for its member‟s national sovereignty. Therefore solving internal armed conflicts failed to become operational because the Organisation mainly depends on the consent of the members. The study recommends enactment of the law which will protect States in case of the internal armed conflicts and amendments be made on Article 9 of the Constitutive Act of the African Union so as to include members of the organisation to be obliged to contribute under the new law to help each other in case of internal armed conflicts.
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    The implications of Tanzania not domesticating international human rights instruments the case study of CEDAW
    (Mzumbe University, 2013) Lusajo, Peter
    For quite a long time women have been considered as that part of nature that doe exist on some fault. As a result women have faced harassments within their individual lives such as at work and also at home. An era came when such ideologies were put aside and the woman had to be part of nature as she too is a human being. With that the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) came into force. For almost thirty years Tanzania has been silent on the issue of domesticatig the CEDAW. This has been so even though the principles of international law depict, once a State ratifies an international instrument it is under an obligation to domesticate it for proper use within the legal institutions. This, however has remained to be in abyss. Despite the fact that Tanzania has ratified this instrument indicators of discrimination against women is still visible through laws that have not been abolished and institutions that are not free and independent in dealing with issues that affect women in general. This study aims at discussing in depth the CEDAW, what important features it potrays and how each country has to implement these principles embodied within the Convention. The study further discusses on the international, regional and domestic legal framework and what has been done so far. Moreover the obligation Tanzania has under international law and the effects of going against these obligations are also discussed in detail. In concluding possible solutions that can be used to solve this problem have been pointed out.