Dissertations (Masters)
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Item International obligation in preventing trafficking in person: an examination of the anti- trafficking law in Tanzania(Mzumbe University, 2016) Mbalamwezi, TausiThis study focuses on the experiences of the law on human trafficking in Tanzania. Trafficking of human being has many effects on victims: it deprives them of human rights and freedoms; it may also pose a public health risk. Historically, migration of people for example, those who are fostered by extended family is a long-standing customary practice in Tanzania, but while the circumstances of fostering have changed, given increasing rural poverty and the impact of the HIV/AIDS crisis, this has not been recognized in Tanzanian society. The government of Tanzania enacted the Anti-Trafficking Act in 2008, and the Law of Child Act 2009, but people (children) who migrate are increasingly being exploited and abused; this has transformed specific cases from migration into trafficking. Despite its rising profile in many parts of the world, and Tanzania specifically efforts are made to raise public awareness to the problem in Tanzania on human trafficking. Tanzania is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labour and sexual exploitation. Boys are trafficked within the country for forced labor on farms, in mines, and in the informal business sector. Tanzanian girls from rural areas are trafficked to urban centers and the island of Zanzibar for domestic servitude and commercial sexual exploitation ; some domestic workers fleeing abusive employers fall prey to forced prostitution. The Government of Tanzania does not fully comply with the minimum standards for the elimination of trafficking. The overall objective of this study was to explore in depth international obligation in preventing trafficking in person while the specific objectives were: To examine the international laws which establish obligations in preventing human trafficking, To make an assessment on how the Tanzania anti trafficking Laws have curbed human trafficking in Tanzania. The studies employed Library research on documentary data, starting to find out whether this issue of trafficking has been taken care of effectively and go further to explore the modality and best practices from other jurisdiction as far as ways to prevent the problem. Interview was conducted to few stake holders for analogous reasoning on this aspect. Comparison is made on the law at common law and other related jurisdictions on this subject.Item Tanzania’s compliance with international law on children in conflict with the law: the case study of Zanzibar(Mzumbe University, 2014) Amour, Chum KomboChildren 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.Item Implementation of international law obligations to non-discrimination : examining the Law of the Child Act 2009(Mzumbe University, 2017) Projest, JohanithaThis 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.