Constitutional and Administrative Law

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Browsing Constitutional and Administrative Law by Author "Loitare, Emmanuel"

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    Combating witchcraft based violations of the right to life of albinos in Tanzania: a critique on law and other measures
    (Mzumbe University, 2016) Loitare, Emmanuel
    Tanzania is experiencing the unprecedented attacks and killings of persons with Albinism (PWA); this is the tragedy which currently the nation is facing. The statistics from 2006 to 2015 show 156 incidents have been reported in Tanzania; 75 killings, 62 maimed and crippled survivors, 1 abduction, 16 grave desecrations and 2 attempt grave desecration by organ hunters. According to UNHCHR report, these atrocities are geared by witchcraft beliefs based on the notion that body parts of PWA have magical powers capable of making non-albinos wealthy and prosperous. Such acts violate the right to life, and the right to security enshrined under the Constitution of the United Republic of Tanzania and, various international human rights treaties. The attacks and killings are continuing despite the existing law termed the Witchcraft Act Cap 18 R.E 2002, which has been in place since the colonial era. The continuation of the atrocities prompted the government of Tanzania to adopt administrative measures such as Public awareness campaigns, Temporary holding centers and Secret ballots but still the attacks and killings continued as in 2015, five incidents were reported. Therefore, this dissertation focuses on the assessment of the effectiveness and adequacy of the Witchcraft Act, together with Administrative initiatives adopted by the government in the Protection of PWA. It also focuses to give recommendations on how to do away with violations of the right to life of PWA. The study employed simple survey design to make sure that the required data is gathered. The study used a sample size of 135 respondents who were obtained through purposive sampling. Data were collected by using interviews and questionnaires. The findings revealed that the witchcraft Act is blunt, insufficient and useless as far as the witchcraft practices are concerned, and administrative measures taken to curb the problem were inadequate that is why the problem is still persisting. The suggested permanent solution is massive public education so as to change the mindset of the people.