Dissertations (Masters)

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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.
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.
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.
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.
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
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
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
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.
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.
The legal status of articles of the union in constitution making in Tanzania
(Mzumbe University, 2014) Sepere, Eduardo P.
This research is entitled: The Legal Status of Articles of the Union in Constitutional Making in Tanzania. The Articles of Union are the fundamental laws of the Union between The Republic of Tanganyika and the People‟s Republic of Zanzibar. The articles, therefore, are a marriage certificate between the two independent republics; hence a Union Constitution must derive its mandate from the Articles of the Union. In other words, the Articles of the Union are the foundation of the Tanzanian Union. Thus, writing a new constitution without first renovating the old foundation is like building a new house on an old cracked foundation, and the risk thereon is the collapsing of the new house due to lack of a strong foundation. The objective of the study is to examine and analyse the impact of proceeding with the writing of a new constitution without first remaking the Articles of the Union the very foundation of the union between the Republics of Tanganyika and Zanzibar. This work is a library and partial field research and thus analytical in nature, involving collection of qualitative data, by way of reading books, articles, journals and the media, so as to determine the root causes for such existing challenges. A total of (11) books and (5) Statutes have been consulted to determine the laws, principles and challenges affecting the writing of a new Constitution without amending the basic law, that is the Articles of Union 1964. The study reveals that not only the Articles were in need of major Amendments but also the making and implementation of the articles in 1964 were mainly carried out by two persons, i.e. Mwalimu Julius K. Nyerere, the then President of the Republic of Tanganyika and Abeid Amani Karume, the then President of the People‟s Republic of Zanzibar. This study recommends that it should have been wiser to hear the wish of the people, the Articles of Union should have been revisited and accordingly amended so as to give the people a road map to the new Union Constitution; since Union problems will never be solved unless the very foundation is made by the people themselves.
Recognition and enforcement of foreign judgements in East African Community: Efficiency and the challenge in the harmonisation process
(Mzumbe University, 2014) Mwitasi, Killey Ebrania
This work deals with the legal regime on recognition and enforcement of foreign judgements in the EAC member states. Recognition and enforcement of foreign judgement is the act in which one sovereign state accepts and enforce the judgement given in another foreign state. It could be noted that due to the international principle on territory sovereignty, no foreign court can render a judgement which will have an automatic legal force in another sovereign state unless there is agreement to that effect. The increase in movement of people and goods, and the social and economic interrelations among peoples of different jurisdictions has lead the world or other jurisdiction in the world to think and create an easy way of resolving dispute arising out of those commercial and social interrelations by adopting conventions which make easy for the parties to resolve disputes which contains foreign elements. The EU has a good legal regime under its Brussels Regime. The EAC and the Africa as a whole has not made effort to have such kind of regional convention which will make the dispute and judgement rendered in one state accepted in another foreign state without unnecessary complications. This is due to poor policy framework and political commitment to enact such kind of convention. In order to get precise materials for writing this work, researcher employed two research techniques, library research and field research. In library research materials were gathered from legislations, policy documents, newspapers and magazines, articles, textbooks, and case law. In field research the tools employed includes; interviews, questionnaires, email and telephone interviews. The research conducted revealed that there is no EAC convention on recognition and enforcement of foreign judgement among members state, instead reciprocity arrangement between states applies. Each state has its own legal regime for this purpose which varies from one another. This may be attributed to the fact that private international law was in early years rarely taught in EAC old universities making the old generation lawyers unfamiliar with the principle at study.
Protecting forests against illegal logging in Tanzania: Examining the law and practice
(Mzumbe University, 2023) Kilonzo, Claudi Christopher
This study examined the law and practice on forests protection against illegal logging in mainland Tanzania. It proceeded from the view that despite the country’s seemingly strong legal framework deterring, criminalizing and sanctioning illegal logging practices, studies show that, its forest cover declines at an alarming rate. Studies show that, 70 percent of the country’s forest loss is due to illegal logging. This necessitated a study to examine the law and practices in protection of forests with a view to exploring legal and practical challenges in curbing illegal logging of forests in Tanzania. This study was limited to Mainland Tanzania, with a specific focus on Morogoro Region. It adopted exploratory research design to collect data through documentary review and in-depth interviews. A sample of thirty-five (35) respondents was involved. The data obtained was qualitatively analyzed and interpreted through content and thematic analyses. The study found some legal and practical challenges with regard to protecting forests from illegal logging. In relation to legal challenges, it was found that, the existing legal regime on forests protection is inadequate. Some of the provisions enacted in the Forest Act are vague while sanctions are relatively lenient. On the practical aspect, it was found that, the absence of qualified officials and limited resources for forest patrols at the Tanzania Forest Service Agency (TFS), interference with efforts to deal with illegal loggers, corruption among some forest protection authorities, excessive forest dependence by citizens living adjacent to forests and mid-night illegal forest operations are among the factors that hinder protection of forests from illegal logging. Consequently, the study recommends amendment of the Forest Act to address its unclear construction and, impose severe sanctions to illegal loggers. Again, the study recommends transformation of the TFS to a military agency to strengthen its performance. In addition, the government should encourage the use and facilitate availability of alternative sources of energy to reduce excessive dependence on forests. Further, the study recommends a deliberate fight against corruption in the forest sector and, along the chain of detection, investigation and prosecution of illegal logging.
An assessment of the law on the use of force under the UN charter in curbing terrorism
(Mzumbe University, 2011) Marwa, Charles W.
The dissertation assess the law on the use of force under the UN Charter in curbing terrorism in particular. The main question addressed is whether the UN Charter contains provisions to curb terrorism as well as exploring the UNSC Resolutions to that effect. It also assesses the lawfulness of the use of force against terrorism as practices by the US and its allies. It further focuses not only on this specific use of force, but also on the changing nature of conflict, definition of terrorism and on the historical evolution of limitations on the use of force, from 1945 until to date. In the five Chapters which traces the timeline development of international law and use of force in curbing terrorism, limitations on the resort to force in particular to combat terrorism, the use of force in self defense, preemptive self defense, the use of forcible measures short of war, and the use of force in response to non-state actors. Also the study discusses the UNC from its inception, including its relevant provisions which do not provide a conclusive answer, or contain any provision that deal specifically with prohibition of terrorism. The trend shows that in the course of the last two decades, the Charter regime has been re-adjusted so as to permit forcible responses to terrorism under more lenient conditions. The Charter permits two kinds of forcible measures that are; collective responses and self-defense. Hence there is significant doubt as to lawfulness of using force by states against terrorism by other means save for SC authorization. Furthermore, the study major findings and recommendation challenges the common assumption that the use of force against terrorism was an example of states exercising their inherent right to self defense, it argues that if this particular use of force is not challenged, it will lead to expansion of right of self-defense which will hinder rather than enhance international peace and security. Finally, this study draws on recent examples to illustrate the use of force against terrorism could become a dangerous
Amnesty and peace agreements as alternative means to prosecution in international law: a critical analysis of African experience
(Mzumbe University, 2014) Samson, Lameck
Since the mid 1970s, at least 14 states on fours continents have declared amnesty, or enacted amnesty laws immunizing past regimes from accountability and liability.1 Packaged into post-conflict peace agreements, amnesties are ceded by war-weary parties and often endorsed by an international community keen for peace. The aim of this dissertation was to explore African States‟ practice in introducing amnesty laws packaged into post-conflict peace agreements, to perpetrators of atrocities. In so doing, it starts by asking the following questions; are there certain general patterns that should be followed in making the choices that will guide the transitional justice process? And what condition should be followed? Can negotiations with the main perpetrators of large-scale human rights violations bring peace closer? The study found that a post-conflict society has a legal obligation to prosecute and punish the perpetrators, simply because retribution is exactly what most victims of past atrocities want. And indeed, it serves to heal their wounds and to restore their self-confidence because it publicly acknowledges who was right and who was wrong and, hence, clears the victims of any labels of „criminal‟ that were placed on them by the authorities of the past or, indeed, by rebel groups or the new elites. However, it is prudence to consider whether punishment is the appropriate response in any and every context. In fact that at the end of a period of violent repression calls for rebuilding the political machinery and the civil service, security, disarming rebel movements, reorganizing the army, rebuilding infrastructure, establishing a non-partisan judiciary, healing the victims, repairing the damage inflicted on them. These cannot be achieved by prosecuting perpetrators because prosecutions are unlikely to further tasks of national forgiveness and, thus, future peace. Therefore, having found that the researcher examining the possibility of employing Article 53, 17 and 16 of the Rome Statute that seems to allow amnesties to operate. Finally, the study recommends the application of multiple legal mechanisms to bring about accountability and reconciliation in post-conflict transitional societies.

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