| Last updated: 18 June 2007 |
Introduction |
The United Republic of Tanzania consists of the mainland and the Zanzibar archipelago. The third presidential and parliamentary elections since the country returned to multi-party rule were held in 2005. The incumbent President had completed two consecutive terms of office and could not run for re-election. The ruling Chama Cha Mapinduzi (CCM) party made significant gains, and its candidate was elected President of the Republic; the party also won 206 of 233 seats in the National Assembly (which in 2006 was enlarged to 320 seats).
Zanzibar has its own President, court system and House of Representatives chosen only by Zanzibaris. In Zanzibar the CCM candidate won the presidency in elections marred by violence. Political parties must support the union with Zanzibar and cannot be based on ethnicity or religious affiliation. Women must have a minimum of 30% of parliamentary seats. There are 18 women in the 81-seat Zanzibar House of Representatives and 4 in the Zanzibar Cabinet. In the Republic as a whole, there are 91 women in the 320-seat National Assembly.
The judiciary is independent in law but is reported to be underfunded, inefficient and subject to executive interference. 2 judicial systems exist, 1 on the mainland and 1 on Zanzibar. Zanzibar has a kadhi court system as well as civil law. Muslims constitute over 95% of the population of Zanzibar, and in cases dealing with marriage, divorce, child custody and inheritance the laws are based on Shari'a. On the mainland the Marriage Act recognises Islamic and customary marriages.
Discrimination on the basis of nationality, ethnicity, political affiliation, race or religion is prohibited, but the legislation is not always enforced, and discrimination against some groups is reported. Tanzania hosts the International Criminal Tribunal for Rwanda War Crimes (ICTR) in Arusha.
Security forces are accused of using excessive force and of monitoring electronic correspondence. Reports note the practice of witchcraft. School students have been killed, allegedly for their body parts. Despite efforts to deal with corruption, it is reported as pervasive throughout the government.
Freedom of speech is guaranteed but not freedom of the press. Libel laws impose criminal penalties against journalists, resulting in self-censorship. Separate media policies are implemented on the mainland and on Zanzibar, where laws are more restrictive. Reports cite corruption among journalists. Access to the Internet is not restricted but few citizens can afford the technology. Access to information is now guaranteed in law, but information requested is said to be provided only sporadically at best. 90% of all documents are reported to be classified.
The country is a destination, transit route and point of origin for trafficking of women and children for forced labour and sexual exploitation. Reports note that some government officials involved in trafficking act with impunity.
The number of child-headed households has increased as a result of HIV/AIDS deaths. Children left in such situations are vulnerable to traffickers, and NGOs assist children orphaned by HIV/AIDS. Tanzania has adopted a National Policy on HIV/AIDS, and efforts are being made to combat its spread. Education International and its member organisation the Tanzania Teachers' Union have developed a comprehensive training programme for teachers on the prevention of HIV/AIDS through education, including sex education. Social discrimination is reported against persons who are HIV/AIDS-positive. Homosexuality is illegal in Zanzibar, and for those involved in homosexual relationships the penalty can be up to 25 years of imprisonment for men and 7 years for women.
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Education Rights
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Education is compulsory for ages 7 to 13. Primary education is compulsory and universal on both the mainland and Zanzibar, and it is free to age 15. A lack of teachers, schools and other educational resources limits access for children, but official statistics show a Net Enrolment Rate (NER) of 91% in 2004, an increase from 48% in 1999. Fees charged for enrolment in upper secondary education make it impossible for many children to complete this level of schooling. In 2005 the government reduced these fees by half and provided subsidies for the balance through a special program.
An education fund to increase children's access to education and address the gender imbalance has been started by the government, but parents still have to buy books and uniforms. Some poorly paid teachers take money to enrol children in school, and there is teacher absenteeism for work at other jobs to earn enough to live on.
The government, UNICEF and some NGOs provide some support for the country's 2 million orphans. Girls often care for younger siblings and enter early marriages, limiting their opportunity to complete their education. Pregnant girls are forced to leave school. To stop early marriage and pregnancy among youths, the Education Act specifies "Penalties for Persons who Marry or Impregnate School Girls." UNICEF reports that only 2% of boys and 3% of girls attend secondary school, but no NER is available.
Corporal punishment in schools is a problem. Efforts have been made to curtail the use of caning in schools. Convictions have been made for the sexual abuse of children.
Muslim leaders note that the number of Muslim students enrolled in government schools is not equal to the number of Christian students, while officials reply that Muslims prefer to send their children to religious schools instead of government schools.
There are large numbers of street children, who lack access to education and other services because they have no fixed address or money for school uniforms or books. The Ministry of Education and Culture banned an NGO from publishing studies on schools, claiming the NGO disparaged the education system; the government has been asked to lift the ban.
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Early Childhood Education (ECE)
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A 2-year programme begins at age 5. At this level, 2% of education is private. The NER is 29%. Of the 11,148 teachers (58% female) working at this level, 22% are trained (16% of men, 27% of women). The pupil/teacher ratio (PTR) is very high at 57 : 1.
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Primary Education
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Education is compulsory for ages 7 to 13. Primary school begins at age 7 and continues for 7 years. At this level, 1% of education is private. The NER is 91% (49% female). Of students who enrol in Grade 1, 73% continue to the last grade of primary school. 4% of students repeat grades. 135,013 teachers (48% female) work at this level, and al1 are trained. The PTR is 56 : 1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 14 and is completed in 6 years. 3% of students repeat grades. No NER is available.
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Tertiary/Higher Education
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42,948 students (29% female) study in tertiary institutions. The Gross Enrolment Rate (GER) is 1%. 3,907 students study abroad, mainly in the USA (1,471), the United Kingdom (1,053), South Africa (283), Australia (119) and Germany (115).
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Children with Special Needs
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Cultural beliefs in some areas lead to discrimination against persons with disabilities and restrict their access to education and to other state services. Budgets are very limited. The Ministry of Education has introduced a special fund to increase access to education for disabled children, because students with disabilities often drop out of school because of a lack of facilities. Families find the special needs of students too costly, and special transportation is not available.
An NGO, Haki Elimu, was banned from publishing studies on schools after it noted that public schools had no proper facilities for visually impaired students and students without limbs. The ruling CCM party allocates 2 of its seats in the National Assembly for women with disabilities, 1 from Zanzibar and 1 from the mainland. Rape and sexual abuse of girls and women with disabilities are cited as prevalent.
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Refugee Children
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The law provides for the granting of refugee status and asylum in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol, and the government has established a system for providing protection to refugees. A separate evaluation system for asylum-seekers from Burundi and the Democratic Republic of the Congo (DRC) has been put in place. Cooperation with the UNHCR is limited at times. About 350,590 refugees in total are made up mainly of 195,377 from Burundi and 150,112 from the DRC. They live in 14 camps and are assisted by the UNHCR.
The Burundian refugees are not assisted by the UNHCR, while Somalis live in a coastal settlement with UNHCR assistance. Refugees cannot live outside the camps but must leave the camps to collect firewood. The women and children who take on these tasks are subject to theft and rape. Anti-refugee sentiment is high.
It is widely believed that refugees are responsible for crime, trafficking and HIV/AIDS, while there is resentment about some services that are provided to refugees but are not available to local people. The adoption of the National Refugee Policy in 2003 helped improve conditions for refugee children and made some education available.
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Minorities and Indigenous Peoples
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Some tribes claim discrimination in schools since children must wear school uniform rather than traditional dress or ornaments. The Barabaig seek compensation for disruption of their traditional lifestyle when pastoral lands were converted to wheat farms. Social discrimination is reported against the 1.5 million Asians in the country, fuelled by the move to privatisation and the belief that the Asian minority controls the economy. Some political parties ran for election on the platform that they would take control of the national wealth and resources from foreign investors and the Asian population and would redistribute it to persons of African and Arab descent.
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Academic Freedom
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In 2005 the University of Dar es Salaam Academic Staff Assembly (UDASA) met to discuss the Charter for the University's Council. The Charter is the main constitutional document, which sets out the vision, mission, intellectual tasks and the social responsibility of the University and establishes structures of administration and academic oversight. UDASU and the Student Union objected that consultation on the Charter was not democratic and did not involve all members of the University community. UDASA believes the University administration made its decisions without consideration of these inputs.
A foreign multinational company has been hired to advertise, select, interview and propose candidates to the new Council. UDASU believes this focus on administrative rather than academic goals will make the University top-down in its decision-making process. The University of Dar es Salaam is a public institution, accountable to the people of Tanzania, and UDASA believes that whatever transformations are introduced must take into account the public interest.
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Gender Equality
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Equality of woman and men is provided for in law, but legislation concerning inheritance, marriage and land discriminates against women. Women's access to some jobs is restricted, and work is divided on gender lines. Sexual harassment in the workplace is illegal, but there are reports that harassment of women occurs in higher education and is ignored by authorities. Married women whose marriages are not under customary, Hindu, Muslim, Christian or civil marriage laws can face property loss upon divorce, since property left by their husbands may go to male family members.
Some regional tribal laws prohibit a widow from inheriting land even if it belonged to her family. The Spinsters, Widows, and Divorcees Protection Act of Zanzibar makes it a criminal offence for a woman to be pregnant out of wedlock, with a penalty of 2 years' imprisonment. Girls of 15 can be married with the consent of their guardian. An orphaned girl with no guardian needs no consent. Children aged 14 can marry if circumstances make the marriage desirable.
Domestic violence is widespread, and cultural pressure stops women from reporting abuses. Domestic violence is grounds for divorce. Female genital mutilation (FGM) is prohibited on girls under 18, but enforcement is lax. The prevalence of FGM is reported to be declining, but it is still practised by 20 of 130 tribes, including its most severe form, and the average victim is under age 10.
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Child Labour
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The minimum age for employment is 14, but younger children can do light work that is not harmful to their health and development and does not prejudice their education. This age is inconsistent with the age for compulsory education. Children under 18 are prohibited from dangerous work, including in agriculture and in the informal sector. The 2004 Employment and Labour Relations Act protects children from exploitation in the workplace and prohibits forced or compulsory labour, but it is weakly enforced. Employers of illegal child labour or forced labour are now subject to criminal punishment.
Children who work as domestic labourers away from home are subjected to commercial sexual exploitation. The majority of domestic child labourers are girls aged 13 to 15; they work 12 to 14 hours a days, 7 days a week. Girls as young as 7 are involved in prostitution and are sometimes trafficked; boys are increasingly becoming victims. Child labour in Zanzibar is widespread, and commercial sexual exploitation near tourist resorts is reported. An ILO programme is in place to eliminate the worst forms of child labour in 11 districts by 2010. Reports indicate that since 2002 more than 20,000 children have been kept from or withdrawn from the worst forms of child labour.
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Trade Union Rights
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Labour laws differ between the mainland and Zanzibar. Workers have the right to form and join trade unions, but Zanzibar workers are not allowed to join mainland unions. 27% of the formal sector work force are members of the Trade Union Congress of Tanzania. Only 1 union leader may work full time for the trade union; all others must work full time in the sector where they were elected. Collective bargaining is permitted and practised in the private sector but not in the public sector, where wages and conditions of work are set by the government. Zanzibar workers do not have the right to strike, while mainland workers do, though the new labour law has increased the number of workers considered essential who are not allowed to strike. Labour legislation applies to export processing zones.
Forced or compulsory labour is prohibited but continues to be reported. Prisoners work without pay on projects within the prison, and they are also used to do forced labour on roads and government construction projects. The minimum wage for employment is US$53 (48,000 shillings) a month. Even when supplemented, it does not provide a decent standard of living for a worker and family. Second or third jobs in the informal sector are common. There is no standard work week for private sector worker, though a 6-day, 44- to 48-hour work week is common. Government workers have a 5-day, 40-hour week.
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