Human Rights in Tanzania

TUMAINI UNIVERSITY MAKUMIRA
FACULTY OF LAW
RESEARCH TOPIC;
ANALYSIS ON THE LEGAL FRAMEWORK PROTECTING HUMAN RIGHTS IN

ARUMERU DISTRICT
DENIS SIMON DAVID
A RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS FOR THE AWARD OF THE DEGREE OF BACHELOR OF
LAWS (LL.B) OF TUMANINI UNIVERSITY MAKUMIRA
USA RIVER, TANZANIA.
23rd JUNE 2017.

TITLE PAGE
TUMAINI UNIVERSITY MAKUMIRA
AN ANALYSE ON THE LEGAL FRAMEWORK PROTECTING HUMAN
RIGHTS IN ARUMERU DISTRICT
PREPARED BY
DENIS SIMON DAVID
REG: No TUMa/LL.B/14/038809
UNDER THE SUPERVISION OF
SIPHO LIMBE
A RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS FOR THE AWARD OF THE DEGREE OF BACHELOR OF
LAWS (LL.B) AT TUMANINI UNIVERSITY MAKUMIRA
USA RIVER, ARUSHA, TANZANIA
i
DECLARATION
I, DENIS SIMON DAVID, do solemnly declare that this research entitled “AN
ANALYSE ON THE LEGAL FRAMEWORK PROTECTING HUMAN RIGHTS IN
ARUMERU DISTRICT” represents my own work, which has not previously been
published or submitted for a degree at this or other university.
Candidates’ Signature……………………….. Registration Number…………………..
Dated at Makumira- Arusha this………………day of…………….2017
ii
APPROVAL
This Research Paper of Mr. Denis Simon David is approved as fulfilling the requirements for
the award of the degree of Bachelor of Laws by Tumaini University Makumira.
Name and signature: Date:
……………………………………………. ………………….
…………………………………………… …………………..
…………………………………………… …………………..
iii
ABSTRACT
This paper consists of analysis on the legal framework protecting human rights in
Arumeru District. The presence laws seemed to be inadequate in ensuring that human
rights are protected in the area which the research was done; Arumeru District which is
in Arusha region.
The study intends to reveal the problems that the legal frame work contain in the
protection of human rights in Arumeru District making the legal framework protecting
human rights a toothless lion. The research reveals the hurdles that legal framework
protecting human right face while protecting human rights in Arumeru District. Human
rights are of a very great importance in any community, they play a great role in ensuring
great development in any society, violating them will lead to fear in the community and
hence no development will be obtained in the community or the country at large. Hence
this research is aimed at revealing how the legal framework protecting human rights
have failed to protect human rights to the extent in which it was expected to protect.
And hence the researcher tried to bring the community together to overcome this
problem in order to have peace in the society, and hence obtaining the level of
development that they aimed to reach. This research is divided into four chapters
First chapter is a general overview of the study (an introduction), looked on the
overview and history of protection human rights; the second chapter is the international,
regional and domestic laws as well as institutions protecting human rights. The Third
chapter is the analysis the problems that bars and the loop holes that cripples the legal
framework protecting human rights in Arumeru and the national at large. The last
iv
chapter is Conclusion and Recommendations in this part the research put much effort
and suggest measure must be taken to ensure the human right legal framework is proper
governed and strengthening the institutions given power to protect human rights.
v
ACKNOWLEDGEMENTS
I wish to convey my sincere gratitude to all who provided assistance in various ways of
researching and writing of this work. It is impossible to mention all of them. However,
the following deserve a special mention, as may genuine appreciation for their
assistance.
First, I would like to thank Almighty God for giving me a gift of a healthy life since I
started this research to its end, without His protection and guidance I would not have
finished this research. I would also like to thank my parents my late father Mr. David
M. Kinabo and my beloved mother Devotha John Kibiriti for bringing me into this
world, Not forgetting My uncles and their families Advocate Fredrick M. Kinabo and
Yobu M. Kinabo, without leaving my untie Edna M. Kinabo for playing a great role on
making me having best education from the beginning till where I am. Without leaving
other members of my family who were of the big help in finishing this research as they
provided me with moral support by giving me advice, new ideas and encourage me to
do this work by my own. Such members are my lovely brother Meleckzedeck Y.
Kinabo, Felix Y. Kinabo, and Abrahamu D. Kinabo, and Sister Doris D. Kinabo.
Am extremely grateful to my supervisor SIPHO LIMBE and ADV, F. KAYCHILE as
my human rights law course instructor for encourage me to conduct a research in this
issue of human rights. Am so thankful to them because they provide me with guidance
through their scholarly advice and comment on this research also their patience from
the beginning until the end of this work.
vi
My distinguished thanks goes to the Tumaini University Makumira libraries for availing
me to different and updated material which were available in there. Materials were very
useful and relevant in laying the foundation of this work
vii
DEDICATION
My special dedicates is to my parents, my two uncles Adv Fredrick Kinabo and Yobu
Kinabo and also my lovely untie Edna Kinabo. Also I dedicated this research to
Arumeru District community and Tumaini Makumira University society for the support
they gave to me in writing this work and during my three years in Tumaini Makumira
viii
TABLE OF CONTENTS
TITLE PAGE ......................................................................................................................... i

DECLARATION .................................................................................................................. ii
APPROVAL ......................................................................................................................... iii
ABSTRACT ......................................................................................................................... iv
ACKNOWLEDGEMENTS ................................................................................................ vi
DEDICATION ................................................................................................................... viii
TABLE OF CONTENTS .................................................................................................... ix
COPYRIGHT .................................................................................................................... xiii
TABLE OF CASES ........................................................................................................... xiv
CHAPTER ONE ................................................................................................................... 1
1.0 INTRODUCTION OF THE STUDY ............................................................................. 1
1.1 BACKGROUND OF THE PROBLEM ......................................................................... 3
1.2 STATEMENT OF THE PROBLEM .............................................................................. 4
1.3 OBJECTIVES OF THE RESEARCH ............................................................................ 5
1.4 THESIS STATEMENT/HYPOTHESIS ........................................................................ 6
1.5 SIGNIFICANCE OF THE STUDY ............................................................................... 7
1.6 LITERATURE REVIEW ............................................................................................... 7
1.7 SCOPE OF STUDY ....................................................................................................... 9
1.8 RESEARCH METHODOLOGY ................................................................................. 10
1.9 BRIEF CHAPTER OVERVIEW ................................................................................. 10
CHAPTER TWO ................................................................................................................ 12
THE LAW AND PRACTICE............................................................................................ 12
2.0 INTRODUCTION ........................................................................................................ 12
2.1 NATIONAL LAWS RELATING TO HUMAN RIGHTS .......................................... 12
2.1.1 THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA, 1977 . 12
ix
2.1.2. BASIC RIGHTS AND DUTIES ENFORCEMENT ACT (ACT NUMBER 33
OF 1994) .................................................................................................................................... 14
2.2 REGIONAL LAWS RELATING TO HUMAN RIGHT ADOPTED BY
TANZANIA ........................................................................................................................ 17
2.2.1 CHARTER ON HUMAN AND PEOPLES RIGHTS (BANJUL CHARTER) OF
1986. ........................................................................................................................................... 17
2.3 INTERNATIONAL LAWS RELATING TO HUMAN RIGHTS ............................... 18
2.3.1 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948 ...................... 18
2.3.2 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS OF
1966 ............................................................................................................................................ 20
2.3.3 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND
CULTURAL RIGHTS OF 1966 ............................................................................................ 20
2.4 HUMAN RIGHTS INSTITUTIONS. .......................................................................... 21
MECHANISIMS ................................................................................................................ 21
2.4.1 JUDICIARY .................................................................................................................... 22
2.4.2 COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE ............ 23
2.4.3 THE TANZANIA POLICE FORCE............................................................................ 25
2.5 CONCLUSION............................................................................................................. 25
CHAPTER THREE............................................................................................................ 26
AN ANALYSIS OF FINDINGS OF THE RESEARCH ................................................. 26
3.0 INTRODUCTION ........................................................................................................ 26
3.1 IS THE LAW PROTECTING HUMAN RIGHTS RECOGNIZED BY MOST PEOPLE
IN ARUMERU DISTRICT? .............................................................................................. 26
3.2 COMMUNITY CULTURAL PRACTICE INTERFERENCE WITH THE
CONSTITUTIONAL RIGHT TO RESPECT ONES` DIGNITY THROUGH THE
“SABINI”. .......................................................................................................................... 27
3.3 COMMUNITY INTERFERENCE WITH THE RIGHTS OF AN INDIVIDUAL
DIGNITY OF HUMAN RIGHTS PERSONALITY THROUGH VICTIMIZING AN
OFFENDER BY “SUNGUSUNGU”. ................................................................................ 28
3.4 CO-OPERATION BETWEEN THE COMMUNITY AND THE INSTITUTIONS
ENFORCING THE LAWS THAT PROTECT HUMAN RIGHTS IN ARUMERU. ....... 30
3.4.1 THE POLICE .................................................................................................................. 31
x
3.4.2 THE JUDICIARY........................................................................................................... 33
3.5 THE COMPLEXITY OF PUTTING THE LAWS PROTECTING HUMAN RIGHTS
IN TO PRACTICE. ............................................................................................................ 36
3.5.1 EXISTENCE OF CUMBERSOME PROCEDURE FOR HEARING .................... 37
3.5.2 PRESENCE OF RESTRICTION IMPOSED TO THE HIGH COURT. ................ 38
3.5.3 THE POWER OF THE COURT TO STRIKE OUT THE APPLICATION, AS
PRESCRIBED UNDER SECTION 8(3) OF THE ACT ..................................................... 40
3.5.4 NUMBER OF JUDGES FOR DETERMINATION OF THE HUMAN RIGHT
CASE .......................................................................................................................................... 41
3.5.5 IT LIMITS THE JURISDICTION OF OTHER COURT OVER THE HUMAN
RIGHTS CASES SECTION 9 (1).......................................................................................... 41
3.5.6 PROCEDURE TO REACH THE DECISION OF THE RIGHT DETERMINED
BY THE HIGH COURT. ........................................................................................................ 42
3.6 THE PROCEDURE OF PUTTING THE INTERNATIONAL HUMAN RIGHTS
TREATIES IN TO PRACTICE.......................................................................................... 42
3.7 CONCLUSION............................................................................................................. 43
CHAPTER FOUR .............................................................................................................. 45
CONCLUSION AND RECOMMENDATION ................................................................ 45
4.0 CONCLUSION............................................................................................................. 45
4.1 RECOMMENDATIONS .............................................................................................. 45
4.1.1 THERE SHOULD BE HUMAN RIGHTS AWARENESS...................................... 46
4.1.2 WE SHOULD MAKE HUMAN RIGHTS MEANINGFUL. .................................. 46
4.1.3 BRINGING GOOD CO-OPERATION BETWEEN THE ARUMERU DISTRICT
PEOPLE AND THE POLICE FORCE ................................................................................. 46
4.1.3.1 THROUGH JOINING OTHERS WHO ARE ALREADY WORKING ON
TRUST BUILDING ................................................................................................... 48
4.1.3.2 CREATE OPPORTUNITIES FOR GENUINE COMMUNITY
ENGAGEMENT. ....................................................................................................... 48
4.1.3.3 ADDRESS THE HISTORY OF MISTRUST AND DISCONNECTION
BETWEEN THE COMMUNITY AND THE POLICE. ........................................... 49
4.1.3.4 LINK DIALOGUE TO ACTION AND COMMUNITY CHANGE. ............ 49
xi
4.1.3.5 STRENGTHEN AND FUNDING THE COMMUNITY POLICING
PROGRAM ESTABLISHED BY I.G.P SAID MWEMA ........................................ 49
4.1.4 BUILDING TRUST TO THE JUSTICE SYSTEM .................................................. 50
4.1.4.1 IMPARTING LEGAL KNOWLEDGE TO THE PUBLIC........................... 51
4.1.4.2 TRANSPARENCY IN JUDICIAL WORKING ........................................... 51
4.1.4.3 ESTABLISHMENT OF AUTONOMOUS OVERSIGHT
INSTITUTIONS. ....................................................................................................... 51
4.1.4.4 JUDICIAL SALARIES .................................................................................. 52
4.1.5 HARMONIZING THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT,
1994 ............................................................................................................................................ 52
4.1.5 FORMULATION OF A SINGLE HUMAN RIGHTS INTERNATIONAL
INSTRUMENT WHICH WILL BE BINDING TO ALL COUNTRIES DOMESTIC
COURTS.................................................................................................................................... 53
BIBLIOGRAPHY ............................................................................................................... 55
BOOKS ................................................................................................................................ 55
CASES ................................................................................................................................. 56
JOURNALS AND ARTICLES ......................................................................................... 57
LEGISLATIONS ................................................................................................................ 58
RESEARCH PAPER .......................................................................................................... 58
NEWSPAPERS ................................................................................................................... 59
INTERNET ......................................................................................................................... 59
xii
COPYRIGHT
This work is a copyright protected under the Copyrights and Neighboring Rights Act
[Cap 218 R.E 2002] of the Laws of Tanzania and International Instruments for the
Protection of Intellectual Property Rights.
As such therefore, no part of this work may be reproduced, copied, adopted, abridged
or stored in any retrieval system or transmitted in any form by any means; electronic,
photocopying, recording or otherwise, save for the application of “fair use doctrine.”
© All rights reserved
xiii
TABLE OF CASES
AG v. Rev. Christopher Mtikila [1995] TLR 3
B Kendall and Others v. Peter Hamilton [1878] 4 A. C. 504.
Benard Mfungamtama .v Republic Criminal Appeal No 133 of 1992 (unreported)
Chumchua s/o Marwa v. Officer In charge Musoma Prison and another, High Court of
Tanzania at Mwanza, Miscellaneous Criminal Cause No.2 of 1988
D.P.P. V Daudi Pete [1991] LRC 553
Director of Public Prosecution (DPP) V Edward Maiga Lisso and Another Criminal
Appeal number 305 of 1992, (H.C) at Mwanza (Unreported)
John Byombalirwa v Regional Commissioner, Kagera and Regional Police
Commander, Bukoba. [1986] TLR 73, 84
Julius Ishengoma Francis Ndyanabo vs The Attorney General .Court of Appeal of
Tanzania, Civil Appeal No 64 of 2001 (unreported)
John Nyamhanga Bisare v Republic (1980) TLR 6
Legal and Human Rights, Lawyer`s Environment Action Team (LEAT) and National
Organization for Legal Assistance v AG. Misc Civil Cause No 77 of 2005 (unreported)
Mbushuu Dominic Mnyaroje V. R [1993] 2 LR C 317; (1993) TLR 159
xiv
National Agriculture Food and Cooperation vs. Village Council and Others, Court of
Appeal of Tanzania, Dar es Salaam, Civil Appeal No. 3 of 1985 (Unreported).
Smith v. East Elloe Rural District Council [1956] AC 736
Simon Chatanda v. Abdul Kisoma [1973] LRT n. 11
. Smith v. East Elloe Rural District Council [1956] AC 736 at 750-1
Rajabu Nassoro Chaka v Republic, Criminal Appeal No 83 of 1999 at Dar es Salaam
(unreported)
Republic v Abdallah Bakari Lugendo Criminal Session Case No. 6 of 1986, High Court
of Tanzania at Tanga (Unreported)
xv
CHAPTER ONE
1.0 INTRODUCTION OF THE STUDY
Human rights can be defined as rights related to life, liberty, equality and dignity of the
individual guaranteed by the constitution or embodied in the international Covenants
and enforceable by Courts.1 Human rights are also defined as the rights and freedoms
which every person is entitled to enjoy, possibly derived from natural law but more
likely to be enforced in international law if found on good example the United Nations
Declaration of Human Rights 1948.2
The principles that human rights are universal valid was at the core of the modern
international human rights regime. Fifty years ago, the idea of human rights had little
significance for most people, including many of those who consider themselves among
the moral leaders of societies.3 Today the concept of human rights and the human rights
movement have captured the imagination of people including the unschooled and the
social neglected, throughout the world.4 And those rights together with the movement
associated with them have become the most potent moral force in the contemporary
world.5
The development of human rights movement can be understood by looking at its

political beginning, conceptual reach, evolution, scope and the agent of those
movement. 10th December every year, Human Rights Day was celebrated worldwide
because it was the day in 1948 that Universal Declaration of Human Rights was adopted
1
Hon, Mr. Justice, Chandrachud. Y.V. Concise Law Dictionary. (2011) LexisNexis Butterworths Wadhwa
Nagpur, Haryana, India. P.537
2
Woodle, M. Osborns Concise Law Dictionary 11th ed (2009) Thomason Reuters (legal) limited,
London. P. 214
3
W. E. Langley. Encyclopedia of Human Rights Issues since 1945 (2001) xi
4
ibid
5
ibid
1
by the United Nations.6 The Declaration was not only been a common standard of
achievement for all peoples and nations, but the source of moral inspiration for all other
human rights instruments such as the International Covenant on Civil and Political
Rights of 1966 and the International Covenant on Social, Economic and Cultural Rights
if 1966.7 The United Nation Charter, which came into being in 1948 was however the
first international mechanism that incorporated human rights as a concept and made the
promotion and protection of those rights one of the individual and collective obligation
of states.8
In Tanzania the human right situation under the post-colonial era just like among other
African states, was shadowed with a need for development the nationalist leaders
conceived the process of economic development to be one that may not necessarily
promote or respect human rights.9 Bill of rights which are the one that brought the being
of human rights in Tanzania, was once denied due to the nationalistic reasons, there
were still human right abuse such as torture and detention through the law.10 In the year
1984, the Bill of Rights was incorporated in the Constitution of the United Republic of
Tanzania after a long advocacy struggle by the activists, which made its way through
the Fifth Constitutional amendment Act of 1984.11 Where the Constitution gave the
power of hearing human rights violation cases to the High Court.12 And that was how
human rights found its way in Tanzania and by the time it was applicable in all parts of
Tanzania one of them being Arumeru district in Arusha city.
6
Supra note 3
7
Supra note 3
8
Supra not 3
9
LHRC (2006) Through a Crucible of Human Rights Struggles in Tanzania: A Decade of Legal and
Human Rights. 5&6
10
Ibid 6
11
Constitution Amendment Act No. 15 of 1984
12
Art 30 bis (3)
2
1.1 BACKGROUND OF THE PROBLEM
The background of the research was centered in the attitude, protection and awareness
towards human rights in Arumeru district in Arusha Tanzania. Even after the Bill of
rights making its way in the Constitution of United Republic of Tanzania, 1977 in the
year 1984,13 and Tanzania signing, ratifying and being part of the human rights treaties
such as, the International Covenant on Civil and Political Rights of 1966 in which
Tanzania ratified it in 11th June 1976, the Convention on the Eradication of all forms
of Discrimination Against Women in which she signed on 17th July 1980 and ratified it
on 20th August 1985 and many other human right treaties,14 human right awareness,
attitude and protection in parts of Tanzania particularly Arumeru district in Arusha City
was still facing negative progress in which the negativity was caused by both the citizens
and the government.
During colonial period Tanzania by the time Tanganyika, the question of human rights
was just a myth, even soon after obtaining independence in 1961 under the leadership
of Mwl, J.K. Nyerere the issue of human rights was still a big problem due to the fact
that much priority was given to development needs of the society more than the personal
rights and freedoms.15 They did this by enacting laws such as Economic Sabotage
(special provision) act 1983 which excluded the ordinary court jurisdiction to entertain
any matter arising from its enforcement creating a special tribunal to that effect, and
reserved the power to grant bail only to the president.16 Two month later another Act
was made Economic Sabotage (Special Provision) Act 1983 where it amended the first
by making it impossible even for the president to deal with bail.17
13
Constitution Amendment Act No. 15 of 1984
14
University of Monneston, Human Right Library. Ratification of International Human rights Treaties-
Tanzania. http://hrlibrary.umn.edu/research/ratification-tanzania.html (accessed 29 October 2016).
15
Wambali, M. (1997) Democracy and Human Rights in Tanzania Mainland. Ph. D Research Paper,
Warwick University, 144.
16
Act No. 9 of 1983.
17
Act No. 10 of 1983.
3
In the year 1984 the bill of rights made its way in the Constitution of United Republic
of Tanzania, 1977,18 under the condition that it will not be justifiable until after four
years, it was the government hope that within the four years it would have cleaned the
laws that will contradict the bill of rights in which by the time it will be in the
constitution but no one remembered the promise made, till the 1988 the draconian laws
had remained intact. The court started to declare many of such laws null and void under
the ground that it constrain the bill of rights in the constitution, this was see in the case
of Chumchua Marwa v Officer in charge of Musoma prison,19 and it was that behavior
of the court that awaken the government from a deep sleep. The government quickly
made the law in the name of Basic Rights and Duties Enforcement Act of 1994,20 which
provided that, no basic rights shall be entertained by any subordinate Court except the
High Court,21 with a full bench of three judges, and the application to that must be by
way of petition,22 and any law declared null and void, shall remain operative until the
parliament have repealed it. It was the same parliament which had significance number
of members of the parliament who came from the party in power.
Hence making human rights laws was one thing while protecting, having positive
attitude and awareness on human right was another different thing in which the
Tanzanian laws failed to do. The researcher made critical analyze of problem basing on
how it affected Arumeru District in Arusha, Tanzania.
1.2 STATEMENT OF THE PROBLEM
For quite long time in Arumeru District, Arusha City, individuals have experienced
continued sufferings and injustices. The problems originate from factors like cultural
practices of Meru tribe such as a traditional army called Sabini, capturing offenders in
18
Constitution Amendment Act No. 15 of 1984.
19
Chumchua s/o Marwa v. Officer i/c of Musoma Prison, (1988) H. D. C. miscellaneous Criminal Cause
No. 2.
20
Basic Rights and Duties Enforcement Act, No. 33, 1994
21
S 4, of Act No. 33, 1994
22
S 5, of Act No. 33, 1994
4
the community and routinely beat and sometimes ending up murdering in the name of
cultural traditions despite the fact that international and domestic human rights laws
prohibits such practices. Most victims accept such abuses to the extent of believing that
such wrongful acts are part and parcel of their lives due to trivial or Lack of awareness
and some negative attitude towards the laws and institution protecting human rights.
In spite of Tanzania like any other country laying down procedures to be followed by
her citizens, such the rights of self-defence and protection of their properties without
violating the law, not leaving the fact that Tanzania in 1980`s people achieved what
they had agitated for a long time, that is to say constitutional guarantee of fundamental
rights through incorporation of a Bill of Rights in the 5th Amendment of the United
Republic Constitution of 1977, there still remains violation of human rights in Arumeru
District. Hence this lead to the rise of questions such as
a. Why does it still remain a dream for an individual in Arumeru to achieve the
enjoyment of fundamental rights in spite of there being laws protecting the rights?
b. Are there weaknesses in the administration of justice in police and judicial organs?
c. Do members of the community have the right of access to legal education?
d. Have the law really solve the problem facing human rights in Arumeru District?
1.3 OBJECTIVES OF THE RESEARCH
Any researcher has his/her aim depending on what he/she research on. The main aim of
this research was for the best of both the individuals and the government but basing on
Arumeru district in Arusha Tanzania. The researcher mostly aimed at:-
a. To analyze the level of awareness on human rights laws and it`s institutions among
the people of Arumeru District in Arusha.
b. To make an account of the attitude of the people of Arumeru towards human rights
laws and it`s legal institution in Arumeru.
5
c. To have a critical view on the human right protection legal institutions in Arumeru
by looking on their strength and weakness, through assessing their views on how
they see human rights.
d. To have an over view on the role played by Arumeru inhabitants in the protection
of human rights in Arumeru district.
e. To have a view on the stapes taken by the Government on rising awareness of laws
protecting their rights among the inhabitants of Arumeru district, so as to understand
its strengths and weaknesses in enforcing human rights laws.
f. To look on the Arumeru inhabitants practices that are contrary to human rights
protection as provided by the laws established by United Republic of Tanzania.
g. To analyze on the level of human rights violation in Arumeru district.
h. To look analyze the contribution of NGOs in rising attitude, awareness and
protection of human rights in Arumeru district.
1.4 THESIS STATEMENT/HYPOTHESIS
This research was aimed at reviewing the question of awareness, attitude and protection
of Human rights in Arumeru district in Arusha. The researcher came up with the
following presumption/hypothesis to be tested on the awareness of the people, attitude
of the people and protection of human right in Arumeru district. What made the
violation of human right hard to be stopped in Arumeru district? The researcher came
with the following views to be tested:-
a. Most of the inhabitants of Arumeru district lacked proper knowledge on human

rights law, this was because the government had not provided them with enough
education pertaining to human rights importance to them.
b. The people of Arumeru had low and some have negative attitude towards human
rights legal framework, this was due to the fact that they had traditional beliefs
which were against human rights that made the people saw human rights as an
enemy to their traditional beliefs.
6
c. Lack of cooperation from the people of Arumeru district to the legal institutions
dealing with protection of human rights was the cause of failure to protect the
Arumeru district people from the effects of violation of human rights in Arumeru.
d. There was poor protection of Arumeru people due to the weakness of the legal
institutions which deal with the protection of human rights in Arumeru district.
e. There was violation of human rights in Arumeru district due to the violence nature
of the inhabitants of Arumeru district.
1.5 SIGNIFICANCE OF THE STUDY
Arumeru District encounter much problems due to the violation of human rights in
which the violation was caused by the low attitude, lack of awareness and poor
protection of human rights in Arumeru district due to the lacuna left by the Tanzania`s
laws. The researcher wrote this research mainly to reduce or eradicate the human right
violation to the people of Arumeru district in Arusha. In doing so the researcher
signified to rise positive attitude among the people of Arumeru district, in this the
researcher did through making the people of Arumeru aware of their rights. But also the
researcher signified to awaken both the people and the government to protect human
rights in Arumeru district by introducing or strengthening the laws protecting human
right rather than depending on those which did not give the outcome intended. At the
end of the research the issue of proper legal framework protecting of human rights in
Arumeru acquired a positive development by moving steps ahead in which was the
intention of the researcher towards the position of human rights in Arumeru district in
Arusha
1.6 LITERATURE REVIEW
Claude. E. welch, JR.23 had a view that, it would be presumptuous to place blame for
human rights abuse that have occurred on one factor alone, rather, a combination of
factors accounts for the problems in many states. Among these are historically searing
colonial experiences, failures in the centralized governments, and a high level of
23
Welch, CE. Protecting Human Rights in Africa. (1995) p 4
7
military involvement in politics, severe economic depravations, cultural fragmentation
and weak regional means to promote and protect human rights. Lack of knowledge
compound the problems. Without understanding the obstacles and opportunities
confronting those who want to bring change we cannot comprehend fully how justice
can be achieved in Africa. Hence through his views the researcher had an open ground
on looking on what are the specific problems that face the legal framework of human
rights protection in Arumeru and to find the solutions so as to overcome them.
Nabudire,24 a scholar-activist who has gone back to the grassroots, argued that human
rights can only become a true fabric of society if they are not imposed from above or
outside. Using studies of several small NGOs in Uganda, he demonstrates a stunning
learning curve in which victims of human right violation become their own liberators
in a deep transformation within the community. The scholar just provided for the origin
of human right violations and the solution, he failed to address on what legal procedure
to be implemented on reaching the provided solution, in which is what the researcher
was looking to address.
Brendaly. P. Ambrose,25 argued that, there is need to adopt a different strategy toward
the protection of human rights in Africa. The notion of universal human rights appears
to be more rhetoric than reality. Instead of African human rights NGOs emphasizing
civil and political rights and organizing conferences which mainly the intellectual elites
attend, there is need to assist at the grassroots level of empowerment where by the
oppressed can hold leaders accountable and become defenders of their own rights. It
came clear that human rights protection, like many of the ills plaguing Africa, is caught
in a web of class of domination and self-greed. Oftentimes those in the front of social
justice are harassed by the police and corrupt bureaucracy when they attempt to aid
victims of human rights abuse. Also, many who purport to be defenders of human rights
are the elites who at time have questionable agendas, and hence protection of human
rights will continue to be frustrated unless the struggle is waged by the oppressed people
24
Mutua, M. Human Rights NGOs in East Africa. (2009) p 9
25
Ambrose, BP. Democratization and the Protection of Human Rights. (1995) p xvii
8
themselves, they must be organized at the grassroots level and be able to express their
collective concern effectively. Through his views the researcher tried to look on how
the people of Arumeru can also be involved in the legal role of human right protection
in Arumeru, as applying the authors view that human rights protection is like a coin,
both sides the elites and the oppressed should play a role in its protection.
Paul Tiyambe Zeleza; Philip J McConnaughay,26 argued that the world is divided into
the creator and recipient of human rights, the monitor and monitored, the viewers and
the viewed, the globalists and provincialists, the universalists and relativists, and hence
the cultures of Africa and Asia, allegedly characterized by tradition, despotism,
communalism and irrationality, are seen as inherently opposed to human rights. Hence
due to these views and the fact that Arumeru also have the class of monitor and
monitored but also some traditions which seems to oppose human rights, the views have
the great importance in overcoming human rights problems in Arumeru, by observing
how the law play the role in the safeguarding the rights of both classes.
Abdullahi Ahamed An-Na’im,27 argued that, as agreed at the Lusaka meeting, the
concept of legal protection refers to the total process of deploying the law for the
purpose of vindicating human rights. Taking this focus as the only, or the primary way
of protecting human rights, or that this subject can or should be studied in isolation from
other approaches in broader local, regional and global context. Through his view the
researcher was able to look on how to deploy the law in Arumeru so as to vindicate civil
rights in Arumeru,
1.7 SCOPE OF STUDY
The study focused on the issue of legal framework that provides for the protection of
human rights in Arumeru district in Arusha. The research started from 2016 up to 2017
and it was focused on the area of study based on Arumeru district.
26
Zeleza, PT & McConnaughay, PJ. Human Rights, the Rule of Law and Development in Africa. (2004) p
10-11
27
An-Na’im, AA. Human Rights under African Constitution. (2003) p ix
9
1.8 RESEARCH METHODOLOGY
The study was conducted around Arumeru district, the reason behind this was because
I lived in Arumeru district by the time. He used both secondary and primary methods
of collecting data. In primary methods he used interview and observation, while in
secondary methods he used library search, media search and electronic data based
search/internet search.
Interview. In this research the researcher consulted the people of Arumeru district, the
Arumeru local government, the magistrate and the organs dealing with human right in
Arumeru district through interviewing them to acquire the information he need for his
study problem concerning human rights.
Observation. In the field research, data and other variable information are obtained
through observation which was conducted in the way of visiting Arumeru inhabitants
who were the ones affected personally so as to avoid fabrication of information.
Moreover the method of observation had helped the researcher to see the real situation
of the problem.
Library research. In this various information were accessed from various scholars on
white they write concerning legal framework ni protection of human rights. The
researcher did this by visiting libraries and courts.
Media search as one of the methods employed by researcher, in this method the researcher
used the Medias to extract the information he needed to conduct his study in the particular
problem
Electronic data based research This included the internet or web site searching and all in
all my research will be much concerned on this internet and web site search due to the
reason that there were some crucial details which the researcher depended on in studying
his research.
1.9 BRIEF CHAPTER OVERVIEW
This chapter was the mirror image on how the researcher will conduct his research on
the inadequate legal framework in protection of human rights in Arumeru district. This
10
chapter consist of ten sub-parts which are the introduction in which it introduced on the
phenomenon to be studied, the background in which the researcher in this part provide
for how the problem originated/its background, statement of the problem in which is the
third part, in this part the researcher stated the problem as he sees that needed to be
researched on, the objective is the part that followed in which here the researcher gave
what his aim were, the other part is the hypothesis in which the researcher gave his
assumptions of the answers of the problem stated in which study is needed on them. The
significance, this is another part in which the researcher provided for the significance
or aims of his research, the literature review in which the researcher provided for what
other authors wrote about the problem and finally the scope in which the researcher
provided on the limits used in his problem study.
11
CHAPTER TWO
THE LAW AND PRACTICE
2.0 INTRODUCTION
This chapter presented a discussion of the laws and analysis on issues of civil rights
nationally, regionally and internationally. The main reason of this chapter was to show
different laws, mechanisms and views of writers dealing on matters pertaining human
rights. Tanzania had adopted several international and regional conventions but also
formed national laws which had provide the guide to be taken immediate for protecting,
rising awareness and attitude in issues pertaining civil rights in Tanzania.
2.1 NATIONAL LAWS RELATING TO HUMAN RIGHTS
The laws pertaining to human rights in particularly civil rights have managed to make
their ways inside the Tanzanian legislations, in which they regulate the entire Tanzania
mainland and some move even further to Zanzibar. These laws are the same that also
apply in Arumeru due to the fact that Arumeru is within Tanzania. The laws are such
as.
2.1.1 THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA,

1977
The constitution of the United Republic of Tanzania contains a Bill of Rights which
stipulates basic rights and duties.28 The Bill of Rights was introduced first in the
constitution in the year 1984 through the fifth Constitutional Amendment Act of 1984
and became operational in 1989, thereby enhancing people’s awareness of their rights
and how to protect them by court actions. Prior to the introduction of the Bill of Rights
in the Constitution, the government was unchecked by the law governing largely
according to political fate rather than according to the law. The Bill of Right introduced
28
Articles 12 to 24 of The Constitution of United Republic of Tanzania, 1977
12
the rights such as right to equality, right to life, right to freedom of conscience and right
to work.29
However the Bill of Rights in Tanzania has earned itself the name, “The Bill of
Exceptions” because of excessive circumscription of the rights. Claw back clauses, such
as “without prejudice to law”, “subject of law”, “in accordance with law”; not contrary
to the procedure provided permit the restriction of guaranteed rights abinitio according
to domestic law without specifying the circumstances or criteria for such limitations.30
The bill of rights was formulated in a manner that it will still enable the executive to
exercise its powers.
The Bill of Rights contains thirteen articles, purportedly guaranteeing basic rights.31
But, a close scrutiny of the articles shows that there was very little guarantee. A few
articles purport to carry absolute guarantees. The rest provide for qualified guarantees.
It was apparent from the anatomy of the Bill of Rights that the executive was more wary
with rights, which give the individual and the civil society organization capacity. Such
rights were qualified and subjected to executive counter – checks and control. Only
those rights which are purely personal were couched in absolute terms, although the
reality was quite different.
In the case of D.P.P. V Daudi Pete,32 the Court of Appeal laid down two essential
requirements that will save a law seeking to limit or derogate from the Basic Rights of
the individual on the ground of public interest. First, such law must be lawful in the
sense that it is not arbitrary. It should make adequate safeguards against arbitrary
decision and provide effective controls against abuse by those in authority when using
the law. Secondly, the limitation imposed by such law must not be more than reasonable
necessary to achieve the legitimate object that is the principle of proportionality. The
principle requires that such law must not be drafted too widely so as to net everyone
29
ibid
30
Luoga F. D., Human Rights Enforcement Mechanisms in Africa, Masters in International Law
Dissertation, University of Lund, 1991, p.8.
31
Articles 12 to 24 of The Constitution of United Republic of Tanzania, 1977
32
13
including even the untargeted members of society. The court made an emphasis in the
case of Mbushuu Dominic Mnyaroje V. R 33 that if the law which infringes a basic right
does not meet both requirements such law is not saved by article 30 (2) of the
Constitution it is null and void as the court held that any law that seeks to limit
fundamental rights after the individual must be construed strictly to make sure that it
conforms with those requirements, otherwise guaranteed rights under the constitution
may easily be rendered meaningless by the use of the derogative or claw-back clauses
of that same constitution.
In view of the above discussion, the courts in Tanzania have performed admirably in
upholding fundamental rights and freedoms in those cases, which have reached the
courts. Some actions were taken on a great extent on the active role in the enforcement
of the provisions of the basic rights despite some claw-back clauses. It is however,
common knowledge that, in some instances the executive tends and is capable of
infiltrating its wishes in the law as its instruments, thus influencing members of the
community to take law into their own hands. As the Marxist school argues law is the
instrument of the ruling class.34
2.1.2. BASIC RIGHTS AND DUTIES ENFORCEMENT ACT (ACT NUMBER

33 OF 1994)
This law was introduced as a counterproductive in the smooth operation of the bill of
rights and the general operation of human rights in the country.35 This law was enacted
in the wake of lack of political will on the part of the government of the day to empower
the court to check its actions. Compounding the inhabitant weakness of the Enforcement
Act is the fact that the Constitution subordinate itself to legislation, hence making the
enjoyment of rights contingent only upon conditions provided by other laws.36
33
34
Marx, K & Engels F. Manifesto of the communist party. (1848) p 89
35
Basic Rights And Duties Enforcement Act No 33,1994)
36
ibid
14
But the Basic Right and Duties Enforcement Act (BRADEA) have the cumbersome
procedures for the enforcement of the guaranteed rights of the individual’s person in
Tanzania. This has been perceived as the weakness of the Act to create road block for
the protection of the individual rights in favor of the violation of the individual rights
by the states as well as state authority. Does this can be interpreted under the notion of
the limitation on the enforcement of human rights? In the case of Julius Ishengoma
Francis Ndyanabo vs The Attorney General,
Fundamental rights are not illimitable. To treat them as being absolute is to

invite anarchy in society. Those rights can be limited, but the limitation must not
be arbitrary, unreasonable and disproportionate to any claim of state interest.37
Under the Basic Rights and Duties Enforcement Act,38 provides for the hard procedure
on the litigating the Rights provided for in the Chapter III of the constitution, which in
instigate the decay of the determination of the very promoted and protected human
rights in judicial level, when it comes to the procedure of a single judge to determine a
prima facie case and later the healing by the full bench.39 In the case of the Judge in
Charge High Court of Arusha and Attorney General v. N.I.N Munuo Ng’uni,40 was
contended that the procedure and requirement for the human rights cases to be referred
to the High Court as the court of first instance,41 can lead to the elapse of time in the
course of litigation and the adjournment may lead to the loose of the right by individuals.
But also the act provide for the restrictions to the High Court It is quite interesting point
that after the entrenchment of the Bill of Rights in the Constitution of United Republic
of Tanzania the High Court through the very Article 64(5) of the Constitution were
37
Julius Ishengoma Francis Ndyanabo vs The Attorney General .Court of Appeal of Tanzania, Civil
Appeal No 64 of 2001 (unreported)
38
Act No33 of 1994, [Cap3 R.E 2002]
39
Chris, M, P, Right of Access to Justice in Tanzania, Annual Human Right Conference Report 2002,
LHRC, Dar es Salaam, 2003. P 7
40
In the Court of Appeal of Tanzania at Arusha, Civil Appeal No. 45 of 1998 (unreported). In this case it
was whenever the case was called for hearing one of the judge was missing which prompted to the
adjournments
41
No33 of 1994, [Cap3 R.E 2002]
15
vested with power to declare any law as unconstitutional and void. Therefore this
rendered the court of law to declare various laws as well as provisions to be
unconstitutional as it was against with the Bill of Rights.42 However the government
were not happy with such power entrusted by the High Court later on through the
Constitution Amendments took away those power by incorporation of the Article 30(5)
which is parimateria with the wording of Section 13(2) of the BRADEA which states
that where the High Court is satisfied with allegation that any law or action taken by the
state Authority that abridges the basic rights, freedom or duties imposed by Article 12-
29 of the Constitution, and such a court is satisfied that law to be unconstitutional or
void, the court is duty bound to direct the parliament or any other legislative authority
or the government as the case may be to rectify such a law within the specific time and
such a law shall be valid until such defect is corrected by such authority or government
organ.43 However the court of law being aware with the defect of the Act toward
protection of Human Rights have been reluctant to be bound by such limitation through
various cases, example in the case of Judge in Charge High Court of Arusha and
Attorney General v. N.I.N Munuo Ng’uni,44 where the court concurred with the word
postulated in the case of Smith v. East Elloe Rural District Council,45 that the court will
not tolerate with any act which will oust their jurisdiction, though they have to give
effect to plain words.
In the real sense it will be meaningless for the court of law to stop declare any provision
of the law which barricade the enjoyment of the human right to be void or
unconstitutional. In Munuo’s case, the court of law was of the view that complying with
section 13(2) would prompt the delay in rendering justice and thus it is inconsistence
42
Example the Deportation Ordinance Cap 38 of Revised Laws, in the case of Chumchua s/o Marwa v.
Officer In charge Musoma Prison and Another, High Court of Tanzania at Mwanza, Miscellaneous
Criminal Cause No.2 of 1988(unreported). The case of Daudi s/o Pete vs. DPP, The High Court of
Tanzania at Mwanza, Miscellaneous Criminal Cause No.80 of 1989(unreported, where the court
declared the section 148(5) of CPA to be unconstitutional,
43
Section 13(2) Basic Rights and Duties Enforcement Act No 33 OF 1994
44
Supra 41
45
Smith v. East Elloe Rural District Council [1956] AC 736 at 750-1
16
with the Article 170A (2) (b) of the Constitution. Therefore it is undisputed that the
word of Section 13(2) of BRADEA does not advance protection of human right in
Tanzania
2.2 REGIONAL LAWS RELATING TO HUMAN RIGHT ADOPTED BY

TANZANIA
Tanzania had signed deferent regional treaties and some of them she had ratified them
that making her having legal obligation to abide with them. Arumeru being part of
Tanzania also have the same obligation to its people in the same manner as the
obligations the country owe to her people that is provided by those regional treaties.
The regional treaties in which Tanzania is party to are as
2.2.1 CHARTER ON HUMAN AND PEOPLES RIGHTS (BANJUL CHARTER)

OF 1986.
According to Chris Maina Peter, there was a pressure from the development that was
taking place in the African continent in the area of human rights at that time. In 1981
the African Union (AU) by then the Origination of African Union (OAU), had adopted
the African Charter on Human and Peoples’ Rights in Nairobi. This historical document
was open for signature and Tanzania had taken a very active role in its formulation.
After ratifications by the absolute majority of member states of the AU by the time
OAU, the Charter came into force on 21st October 1986. By 1999, the African Charter
had been ratified by all the member states of the AU including Tanzania.46
The charter on Human and peoples` rights which is also known as the Banjul Charter
was an instrument that was intended to promote and protect human rights and basic
freedoms in the African nations. The Charter provide that the members of the AU parties
to the Charter shall recognize the rights and freedoms enshrined in the Charter and shall
undertake to adopt legislative or other measures to give effect to them.47 It also provided
46
Chris, M, P., “Five Years of Bill of Rights in Tanzania: Drawing a Balance Sheet”, Eastern Africa Law
Review, Vol.18 Dec.,1991 No.2,pp.147-226
47
Article 1 of African Court on Human and Peoples Rights, 1986
17
for enjoyment of right and freedom recognized by the Charter to every individual
without any discrimination either due to race, religion, language, nationality or any
other type of distinction.48 Where by the human rights in this document were provided
under Chapter 1 of its Part 1.
Other regional legislations consist of the Protocols that implements the African Charter
on Human and Peoples Rights, the consist of the following Protocols such as Protocol
to the African Charter on Human And Peoples` Rights on the Establishment of an
African Court on Human and Peoples Rights of 1998, Protocol to the African Charter
on Human And Peoples` Rights on the Rights of Women in Africa of 2003, Protocol
to the African Charter on Human And Peoples` Rights on the Rights of Older Persons
in Africa of 2016.49
2.3 INTERNATIONAL LAWS RELATING TO HUMAN RIGHTS
The human rights issues are generally recognized to be a fundamental aim of modern
international law. In recent decades, almost every international organizations, regional
and global has adopted human rights norms and responded to human rights violations
by opening avenues of redress for individuals whose rights have been violated without
remedy in domestic law. Today, no state can credibly claim that its territory or
jurisdiction is exclusively an internal matter.50 The international laws consist of the
following.
2.3.1 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948
The Universal Declaration of Human Rights was adopted by the General Assembly of
the United Nations on 10th December 1948 at the Palais de Chaillo, without dissent but,
with eight abstentions. In itself, it didn’t constitute binding international law due to the
48
Article 2 of African Court on Human and Peoples Rights, 1986
49
S.B Keetharuth, Major African Legal instrument
http://www.kas.de/upload/auslandshomepages/namibia/Human_Rights_in_Africa/7_Keetharuth.pdf
accessed on 4th June 2017
50
Shelton, D. Remedies in International Human Rights Law 3 rd Ed (2015) p 16
18
fact that resolutions of the General Assembly lack that status. On the other hand it was
significant for international law in two respects, first commitment to promote
fundamental human rights in United Nations, second as in a number of instance when
the General Assembly took a stand by adopting a declaratory resolution, the declaration
was followed by the drafting of treaties. In fact in this case two treaties were drafted for
submission to the member states for signature and ratification.51
With respect to Tanzania adherence to Universal Declaration of Human Rights, was

seen in the case of, John Byombalirwa v Regional Commissioner, Kagera and Regional
Police Commander, Bukoba. The High Court held that, the provisions of the UDHR
should be consulted. The Court held
If there is any doubt as to the obligation of the law enforcement agencies and
other members of the executive branch of the Government in returning the seized
goods to the suspects who have been cleared by the Court, I wish to point to Art.
17(2) of the Universal Declaration of Human Rights of 1948 which provides that
no one shall arbitrary deprive of his property. 52
Also the UDHR incorporation in the Tanzanian Constitution was confirmed by the High
Court in its` 2005 Judgment in the case of, Legal and Human Rights, Lawyer`s
Environment Action Team (LEAT) and National Organization for Legal Assistance v
AG. The High Court declared handouts known as takrima in connection with the
elections unconstitutional as the practice amounted to discrimination under Art 13 of
the Constitution and violated the right to political participation in Art 21 of the
Constitution. The High Court ordered the takrima provision to be struck out of the
National Election Act. With regard to the UDHR the Court held
Tanzania is a party to various international Human Rights Instruments. The

Universal Declaration of Human Rights which is the core of the international
Human Rights law, is incorporated in Art. 9(f) of our Constitution. Art. 7 of the
51
Neier, A. The International Human Rights Movement: A History. (2012) chapter 4
52
John Byombalirwa v Regional Commissioner, Kagera and Regional Police Commander, Bukoba.
[1986] TLR 73, 84
19
Universal Declaration of Human Rights provides for equality before the right
to participate in the government of one`s country directly or freely chosen
representatives. 53
2.3.2 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

OF 1966
It was adopted by the United Nations General assembly and opened for signature in
December 1966. In another decade passed before thirty five states, the number required
to bring the covenant into force ratified the instrument,54 it was one of the international
Bill of Rights instrument together with The Universal Declaration of Human Rights of
1948 and the Covenant on Civil and Political Rights of 1966.55
The covenant create binding legal obligations for the states parties. Therefore, as
between them, issues relating to compliance with and the enjoyment of the rights
guaranteed by the covenant as matter of international concern and not exclusively within
the domestic jurisdiction of the state parties.56 Tanzania had accessed the covenant in
1976, hence made her party to it and therefore Tanzania had an obligation to abide with
it as per the provision of The Vienna Convention on the Law of Treaties.57
2.3.3 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND

CULTURAL RIGHTS OF 1966
This instrument was adopted in 1966 and entered into force in 1967. This covenant is
distinct from that Covenant on Civil and Political rights. The Covenant on Economic,
Social and Cultural Rights provides for the implementation of the economic, social and
cultural rights, in which these rights are to be implemented to the maximum of the
available resources, with a view to archive progressive of the full realization of the
53
Legal and Human Rights, Lawyer`s Environment Action Team (LEAT) and National Organization for
Legal Assistance v AG. Misc Civil Cause No 77 of 2005 (unreported) 39
54
Buergenthal, T, Shelton, D & Stewart, D. International Human Rights in a Nutshell, 4th. (2009) p 143
55
Harris, D. International Human Rights Law (2010) p 106
56
Buergenthal, T. Human Rights, International Law and the Helsinki Accord 21. (1977) p 29-33
57
Art 2 (1) (b) of The Vienna Convention on the Law of Treaties, 1969
20
rights. Hence state party to the covenant must immediately cease any discrimination
with regard to economic social and cultural rights with reference to the available
resources.58 Tanzania had accessed the covenant in 1976,59 hence made her party to it
and therefore Tanzania had an obligation to abide with it as per the provision of The
Vienna Convention on the Law of Treaties.60 Other international laws consist of the
ICEDAW, ICERD, and ICRPD.
However domestication and enforcement of International Conventions must await the

enactment of an Act of parliament in order to acquire the force of law domestically.61
Unfortunately not many Acts of parliament have been enacted for this purpose, hence
denying Tanzanians the ability to enforce international human rights laws in domestic
courts, hence making them only persuasive.
2.4 HUMAN RIGHTS INSTITUTIONS.
Human Rights will have no meaning if there is no mechanism in place to ensure their
protection and promotion in any state. It`s one thing to have protection of Human Rights
laws in the country and quite another to make sure that these laws are enforced. They
are categorized into domestic human right mechanisms the Regional and international
human right mechanisms consist of the African Commission on Human and Peoples
Rights, The African Court on Human and Peoples Rights
MECHANISIMS
Consist of the Judiciary, Tanzania Police Force, Commission for Human Rights and
Good Governance, Prison Services and the Tanzania Law Reform Commission.
58
Weissbrodt, D & de la Vega, C. International Human Rights Law: An Introduction. (2007) p 24-25
59
United Nation Human Rights Office of the High Commissioner. www.Indicators.ohchr.org. retrieved
on 3rd April 2017
60
Supra note 40
61
Article of The Constitution of United Republic of Tanzania, 1977
21
2.4.1 JUDICIARY
Courts of law have an important role to play in terms of promoting and protecting
fundamental rights. The truth of the matter is that although fundamental rights have
occupied one chapter of the constitution since 1984, the full meaning and implication
of a constitution provision can never be known until it has been interpreted by the courts.
The Judiciary in Tanzania comprise of the Primary Courts, District Courts, Resident
Magistrate Court (these are referred as lower Courts), High Court and the Court of
Appeal of Tanzania.
In relation to human rights, the Constitution explicitly provides that, The High Court
shall have jurisdiction. The relevant Article 30(3) states.
Where any person alleges that any provision of any part of this chapter [Bill of
Rights] or any other law involving a basic right and duty is being or likely to be
contravened to relation to him in any part of the United Republic, he may
without prejudice to any action or remedy lawfully available to him in respect
of the same matter, institute proceedings for relief in the High Court. 62
But broadening recourse mechanisms beyond the High Court or the judicial system is
significant because procedural requirement that define the country’s adversarial legal
system in most case prevents courts from effective discharging their constitutional
mandate, namely justice dispensation and instead over emphasize technicalities,63 This
was explained by Lord Penzance of the House of Lords in Henry J. B Kendall and
Others v. Peter Hamilton64, explained that procedure is but the machinery of law after
all the channel and means whereby law is administered and justice reached. It strangely
departs from its proper office when, in place of facilitating, it is permitted to obstruct,
and even extinguish, legal rights, and is thus made to govern where it ought to sub serve.
Technically this is very good, but does not help much in advancement of interpretation
62
Article 30(3) of The Constitution of United Republic of Tanzania, 1977
63
Dr Laltaika, E. Business and Human Rights in Tanzania: Tanzania Peoples` Experience with Access to
Justice and Remedies. p 216
64
22
of the law. It happened in the case of National Agriculture Food and Cooperation vs.
Village Council and Others. 65 The sensitive issue of land was at the center of the stage.
Local people in Arusha were fighting for their land rights against a state parasternal
corporation acting as a Front for Canadian Capital in Wheat Development. On Appeal
the court gave a short and discouraging decision. The Court of Appeal decreed that,
these local people could not be said to hold land under Customary Law because, they
inter alia, have failed to prove that they were natives.
Professor Chris Maina Peter describes two layers of hurdles that systemically inhabit
indigenous people access to court remedies. First, judges zealously uphold the
governments` efforts in assisting indigenous peoples` access to do away with their
backwardness and instead join the mainstream society in the development process.
Secondly, the practice by judges to limit awards which indigenous peoples disserve
through restrictive judicial interpretations.66
Therefore, the central issue should be justice and not the procedure involved. In a case
involving a layman; Kwikima, Ag. J. (as he then was) once gave a very wise guidance
which is worth considering. This was in the case of Simon Chatanda v. Abdul Kisoma.67
His Lordship advised that where the parties to a suit are conducting their own cases, the
trial court should scrutinize the pleadings before admitting them and in general furnish
any necessary guidance. In that way people would feel secure to go to court, but not
where they will be bombarded with Latin and other jargons they have never heard of
and at the end of the day pay for it.
2.4.2 COMMISSION FOR HUMAN RIGHTS AND GOOD

GOVERNANCE
This is established under Article 129 the constitution, which provides that, there shall
be a Commission to be known as the Commission for Human Rights and Good
65
The Court of Appeal of Tanzania, Dar es Salaam, Civil Appeal No. 3 of 1985 (Unreported).
66
Peter, C.M., (2007), `Human Rights of Indigenous Minorities in Tanzania and the Courts of Law` 4
International Journal of Group and Minority Rights. p 14.
67
Simon Chatanda v. Abdul Kisoma [1973] LRT n. 11.
23
Governance whose functions shall be as prescribed in Article 130 of the Constitution.68
Its functions consist of, rising awareness countrywide about preservation of human
rights, receive human right violation complaint, conduct investigation on matters
infringing human rights, conduct research, to impart or disseminate to the public country
wide education in respect of human rights, institute human rights proceedings in court
if necessary, advice government and private sector in respect of human rights and good
governance.69
but this institution that have to be independent so as to help in reducing the increasing
violations, its independence remains questionable, the public perception is that, the
commission was to operate independently without government interference, however
several members of the public argued that the commission have weakness including the
violation of the Paris principles70 on the independence of national human rights
institution such as, the commission is barred from investigating the President, 71 The
President can direct the commission to discontinue an investigation, although he must
provide a reason if he considers that there is a real and sustainable risk that the
investigation would prejudice matters of national defense or security,72 the commission
have not yet developed the capacity to serve the whole nation.
Generally the agencies of the commission did not respond to the citizens’ complaints
within reasonable period of time, but the response period depends on the importance of
the case and the statues of the complaint.
68
Article 129 of The Constitution of The United Republic of Tanzania, 1977
69
Article 130(1) of The Constitution of The United Republic of Tanzania, 1977
70
United Nations Human Rights, Office of the High Commissioner. Principles Relating to the Status of
National Institutions (The Paris Principles).
www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfNationalInstitutions.aspx retrieved on 26th
April 2017.
71
72
24
2.4.3 THE TANZANIA POLICE FORCE
The Tanzania police force is an important institution in protecting and promoting human
rights in Tanzania, this is because it is mandated with ensuring security of the citizen
and their properties. The Tanzania police force is a law enforcement institution
established under The Police Force and Auxiliary Services Act Cap 322. It has functions
such as, perversion of peace, maintenance of law and order, preventing and detection of
crime, apprehension and guarding of offenders and protection of property. 73 Without
this institution, the society will be functioning under fear, violence and oppression.
Example, when the police force fail to file complaint or fabricate charge for whatever
motive, the outcome will be the violation of ones rights thus faults the justice system
that meant to protect the society`s rights.
But the exact act that have established the police have taken away some rights, such as
the right to peaceful assembly is curtailed by section 40 of Police Force and Auxiliary
Services Act.74
2.5 CONCLUSION
Hence Tanzania have enacted and also adopted a number of laws but also have
established institutions ranging from both governmental and private institutions which
aims at protecting the rights of the Tanzanian citizen national wise including the
Arumeru District society in Arusha. But the act of making laws and establishment of
human right protecting institutions is one thing and making them alive, or coming into
what they are meant to be is another thing. The elaborated above are only some of the
laws and mechanism.
73
Part V of The Police Force and Auxiliary Service Act, CAP 322
74
The Police Force and Auxiliary Service Act Cap. 322, R.E. 2002.
25
CHAPTER THREE
AN ANALYSIS OF FINDINGS OF THE RESEARCH
3.0 INTRODUCTION
This chapter is set to make a critical analysis of findings of the research. Most of the
findings originate from the area which was chosen by the researcher as the case study.
That is Arumeru District in Arusha City. The findings by the researcher, being around
the members of the society from where human rights violations occur, shall feature. The
following discussion is to that effect.
3.1 IS THE LAW PROTECTING HUMAN RIGHTS RECOGNIZED BY MOST

PEOPLE IN ARUMERU DISTRICT?
Through the researcher observation on the Arumeru inhabitants most of the people do
not recognise the law protecting their right, while some of them recognise the law but
do not know the procedures on how to enforce their rights. It is quite a few number of
people who recognise the law and how to use it on protecting their rights.
This observation was done to the workers who work in a religious institution Sharlock
in the area around kilala in Arumeru who originate from deferent places in Arumeru
and some even outside Arumeru District. The researcher found out that most of the
workers do not recognise their constitutional right to remuneration commensurate with
their work, and all persons working according to their ability shall be remunerated
according to the measure and qualification for the work,75 and every person who works
is entitled to a just remuneration.76
The workers in the institution (Sharok) not knowing their constitutional rights are paid
an amount of remuneration lower than the work they have done, what they do is only
blaming there masters while they should have used the law to obtain their dues. A
normal remuneration paid to a worker who prepare half an acre of shamba is 15,000
75
76
26
Tanzanian shillings, but the workers in sharock are remunerated 3,500 Tanzanian
shillings for preparing the same half an acre, this is due not recognising the law that
protect such a right to equal remuneration with accordance with work done. But there
are some of them know the law but not knowing the procedure to enforce it.
It is through that observation the researcher came up with the analysis of non-
recognition of the law protecting human rights by most of the people in Arumeru being
the main cause of the violation of human rights in Arumeru District. But no person
would be willing to pass through suffering while he/she knows that there is something
that can protect him/her, but not only knowing it, but also knowing the way of using it
and the particular thing can help him/her promptly.
3.2 COMMUNITY CULTURAL PRACTICE INTERFERENCE WITH THE

CONSTITUTIONAL RIGHT TO RESPECT ONES` DIGNITY THROUGH THE
“SABINI”.
‘Sabini’ is one of the meru peoples practice used to control Meru people’s behaviour in
their society. This custom is done through caning 70 canes to a person who is accused
of any misconduct in the society. This practice is conducted to any person in Meru
society who is accused of doing a misconduct irrespective of the person age or gender.77
This custom have been recognised by the local government as the way used by the Meru
community to regulate the behaviours of the people in the Meru community, meaning
that the local government have legalized the ‘sabini’ practice in the Meru community
by not showing any challenge against it. The positive attitude of the local government
to the practice of ‘sabini’ is one of the criteria that proves the recognition of the practice.
This was seen when the one called the displine committee of Urio clan in Meru caned
70 canes one man Saria for not attending his relatives` funeral and decided to go do his
77
Mzee Nnko, one of the elders of the Meru peoples in USA River Arumeru, interviewed on 26 th
January 2017
27
job of ‘bodaboda’ at Tengeru in Arumeru District in Arusha, where the victim got no
help with regard to the injured dignity from the local government.78
By observing the practice of ‘Sabini’ in Arumeru District in which such a practice have
been recognised, it is seen to be contrary to the constitutional right, the right to respect
ones` dignity.79 The practice of ‘sabini’ to a person injures such a person’s dignity and
hence the act of recognising this practice doesn`t make it a right practice due to the fact
that it is unconstitutional because of its infringement of the right provided by the bill of
rights.
Hence the recognition of this unconstitutional practice is one of the factors that had led
to the rapid violation of human right in Arumeru District
3.3 COMMUNITY INTERFERENCE WITH THE RIGHTS OF AN

INDIVIDUAL DIGNITY OF HUMAN RIGHTS PERSONALITY THROUGH
VICTIMIZING AN OFFENDER BY “SUNGUSUNGU”.
The establishment of Sungusungu groups in villages can be seen as a vote of no

confidence in the state’s ability to maintain security, and this in itself has clearly been
something for officialdom to ponder over.80 The citizen should feel safe at all times. It
is for this and other reasons that citizens owe allegiance to their state. They identify
themselves with it and they are prepared to render services and meet the various
demands made by their state such as payment of taxes and other dues. Failure by the
state to maintain law and order and hence lack of reliable security as to life and property
of the citizens can lead to chaos. To avoid this, citizens have to search for alternative
means of safeguarding themselves.
78
Habari leo 24 April 2010 p 4
79
Article 12 (2) of The Constitution of The United Republic of Tanzania, 1977
80
Abrahams, Ray G., “Sungusungu, Village Vigilante Groups in Tanzania”, Volume 86 No. 343 African
Affairs, 1987.
28
The emergency of various vigilante groups and movement in history all over the world
is associated with lack of reliable security and safety for the people due to the collapse
of order. 81
In Tanzania, the emergence of traditional vigilante groups in Arumeru District and other
places is also a testimony of the fact that the Tanzania State has failed to guarantee
peace and security to the people of these places. Having been failed by the state, the
people have decided to take care of themselves. 82
Sungusungu are members of a group who organise themselves without authority to try
to prevent crime and disorder in small area. The Sungusungu are not centrally organised
or co-ordinated. Each village has its own Sungusungu group which is complete in itself.
Co-operation among villages is on an ad hoc basis and mainly at times of need within
the village, the Sungusungu group is almost militarily regimented.
Although their original aims were quite noble, not all activities of Sungusungu have
remained within the administration of rule of law. Some Sungusungu groups have
developed into professional terrorists, trespassing on other people’s property, torturing
people and punishing them at will. They have decided to take law into their own hands
and have established a parallel legal order. 83
In Arumeru District for instance the Sungusungu have set out their own judicial system
complete with a catalogue of offences. They can deal with their penalties as well. These
offences include: thieves and those who deal in government trophies, illegal business of
selling goods at illegal prices in towns and villages, alcoholic related offences; quarrels
and insults, etc. The penalties depending on the graveness of the offence alleged to have
been committed. This was seen in the case of Geza Geza and 12 others v. Isa Hamis and
81
Johnston, Les, “What is Vigilantism?” Volume 36 No. 2 Brutish, Journal of Criminology, 1996, p. 220
82
Campbell, Horace “Popular Resistance in Tanzania, Lesson from the Sungusungu” Vol. 14 No. 4
African Development, 1989, p. 5
83
Peter, C.M., “Five Years of Bill of Rights in Tanzania: Drawing a Balance Sheet” Vol. 4 African Journal
of International and Comparative Law, 1992, p. 131
29
11 others.84 In this case the Sungusungu traditional army constituted itself into a tribunal
with judicial powers. Members of the sungungusu tried and convicted their “accused”
persons for the offence of selling goods above the controlled price. They sentenced them
to 50 strokes of corporal punishment or fines ranging from Tshs. 3,000/- to 10,000/- in
lieu of the corporal punishment. In total they collected fines to the tune of Tshs. 76,000/-
. In this case, the court emphasised that, the Sungusungu traditional army was not a court
of law nor was it an organ of the government for the purpose of protecting the rights of
individuals or the community under the constitution. They were operating outside the
rule of law.
On 13th May, 2016 a resident of “Singisi” Arumeru, was tortured to death by the
people’s militia men-Sungusungu. He was alleged to have stolen a goat and a hare. The
Police in Arumeru refused to comment about this incident.85
From the above incidents it is equally true to clarify that, the traditional army is not an
organ of the government established by law. It operates outside the rule of law.
Therefore those who encourage the activities of the traditional army outside the rule of
law are obviously undermining the human rights protected by the Constitution.
3.4 CO-OPERATION BETWEEN THE COMMUNITY AND THE

INSTITUTIONS ENFORCING THE LAWS THAT PROTECT HUMAN
RIGHTS IN ARUMERU.
Human Rights will have no meaning if there is no mechanism in place to ensure their
protection and promotion in any state. It`s one thing to have protection of Human Rights
laws in the country and quite another to make sure that these laws are enforced. But
poor co-operation between the community and the institution protecting human rights
in Arumeru District had led to prove failure in enforcement of the law protecting human
rights in Arumeru. An analysis was done in two institution that is the court and the
police.
84
See LHRC Human Rights Monitoring File
85
Arusha times 16 October 2015
30
3.4.1 THE POLICE
The police being an important organ in the protection of human right violation in the
community, this is because it is mandated with ensuring security of the citizen and their
properties. The Tanzania police is a law enforcement institution established under the
Police and Auxiliary Services Act, Cap 322 where under this legislation the Tanzania
police force among others have the following duties, the preservation of peace,
maintenance of law and order, prevention of crime, apprehension and guardian of
offenders and protection of property. 86Without or in the weakness of this law enforcing
institution, the society will be functioning under fear, violence and oppression. But the
Tanzania police force have a very negative image on the eyes of the citizens for many
years now.
Reporting a Violation is an essential first step toward securing justice for the aggrieved.
As Skogan (1977) notes, violations reports are also a basis for authorities to allocate
limited resources for public protection.87 Not reporting violations may therefore doubly
disadvantage communities. It makes investigations of violations and access to justice
difficult, which in turn can create room for perpetrators to continue victimizing others.
It can also lead to skewed allocation of resources to the detriment of communities where
crime experiences are high but incidents are not systematically reported.88
Despite the Tanzanian police force’s efforts during the past decade to encourage citizens
to report violations, the researcher found out that majority of Tanzanians who are
victims of violations do not make reports to the authorities due to how the police acts
towards the civilians, such acts are seen in the case of Republic v Abdallah Bakari
Lugendo, where the accused militiaman on a patrol shot dead an alleged hooligan who
had attempted to escape. The bullet struck the deceased in the stomach, no warning shot
86
Section 5 of The Police and Auxiliary Services Act, Cap 322
87
Aiko, R. Effect of police integrity, government performance in fighting violations, and accessibility of
police stations on reporting of violations in Tanzania Policy. Paper No. 20 | May 2015. p 5
88
Supra note 87
31
was shot at first, nor was there an attempt to demobilize the suspect in any way. 89 Also
in the case of John Nyamhanga Bisare v Republic, where the militant was convicted of
manslaughter, the court observed the obiter that the reckless use of firearms by
militiamen had become common.90 An analysis was done in Arumeru District in Arusha
Most of the people in Arumeru District perception about the police force is further
weakened by a lack of understanding. There had been poor understanding between the
police force and most of the people in Arumeru District. Most of the people of arumeru
people see the police force as an organ that is to be afraid of, hence raising the fear
amongst them. The fear that exist between the arumeru communities to the police force
is the main cause of poor co-ordination between them and the police force.
This poor coordination was observed in the Ndatu village, USA River, Tengeru and
Maji ya Chai in Arumeru District in a group of people doing work of ‘Bodaboda’ which
is the transporting of people by using motorcycles. The researcher observed these
peoples` negative reaction towards the police force in which the people gave the name
of ‘wanoko’ to the police force, which means people who back bite. But not only gave
them the name but also there was a tendency of them running away from the police
force whenever they see them, while running the researcher heard them saying ‘tusepe
wanoko wanapita hapa muda suio mrefu’ which meant lets run the back biters are
passing here at any time. This proved the negative attitude by the community towards
the police force.
Looking at the poor co-ordination between most of the people in the community to the
police force with regard to the violation of human rights in Arumeru District, it was
seen to be the gear towards the violation. The police force to conduct its work at the
best level it need co-operation from the people in the community, failure to get that co-
operation will render the police force poor in conducting its function. Hence there have
been number of human rights violation in Arumeru District due to the fact that most of
89
Republic v Abdallah Bakari Lugendo Criminal Session Case No. 6 of 1986, High Court of Tanzania at
Tanga (Unreported)
90
32
the people in Arumeru District are afraid of reporting the human right violation
incidence to the police force due to their negative attitudes towards the police.
But also the researcher interviewed the people of arumeru district and came out with
the following regarding to non-reporting of human rights violation to the police and
found out that, Arumeru people may decide not to report human rights violation they
experience for many and complex reasons. In order to understand what may be
hindering victims from reporting, the researcher asked respondents what they think is
“the main reason that many people do not report human rights violation to the police.”
With a single response recorded per interview participant, the Arumeru people cite the
following factors most frequently as possible explanations: that there are no police
stations or police stations are too far away (cited by 18% of respondents); that police
don’t listen or don’t care (15%) or would not have been able to do anything (5%); and
that police would have demanded money or a bribe (14%).91
3.4.2 THE JUDICIARY
The judiciary occupies an important position in the society with regard to the protection
of human rights in the society. In most cases the court have to be moved by the party in
the case, meaning that the court cannot move on its own motion ‘suo motto’, that is one
party files a motion while the party opposes it and the court rules on the motion.
According to Louis j. Kotzé,92 provide that the adversarial system in Tanzania litigation
precludes the court to act ‘suo motto’ in entertaining the case. Hence for ensuring justice
in any society through the court system, there must be a good co-ordination between the
court and the society this is because they interdepend on each other. Before the
researcher analyzed Arumeru district, he first looked at Tanzania in general and this is
what he came up with.
91
Arumeru inhabitants views on the reason why many people do not report human rights violation to
police. Interviewed on January 2017.
92
Louis J. Kotzé and Alexander R. Paterson. The Role of Judiciary in Environmental Governance:
Comparative Perspectives. P 523
33
It is widely recognized that in Tanzania legal system as a whole, courts are often
complicit in delaying cases upon payment of bribe ‘rushwa’.93 This was proved in
instances where courts files had gone ‘missing’ and had subsequently be ‘found’ upon
payment of bribe.94 Corruption95 is officially acknowledged to be an entrenched feature
of Tanzania society and the justice system as a whole. In the case of the court staff and
adjudicators particularly magistrates. This is in part a result of their low pay.96 From the
perspective of the litigants, corruption in the court system represent a kind of
institutional power that they must either buy into resist in order to make a claim
successfully.97 Both of these approach requires agency where deriving from social
position, knowledge and expertise or simply money to buy influence. 98 In light of this
situation, it is clear why so many poor litigants have little faith that the court system
will deliver justice equally. The corruption on the legal system was well seen in the case
of Rajabu Nassoro Chaka v Republic, a magistrate demanded and received bribes for
the purpose of granting bail to the two accused persons. On appeal Ramadhani J.A (as
he then was) commented.
…we have no hesitation to say that the appellant deserves stiffer punishment
being a person in the employment of the judiciary, we think that seven years
would have been an appropriate desert and we sentence him to serve that period
of time. Judges or court staff may manipulate court dates to favour one party or
another.99
93
Dancer, H. Women, Land & Justice to Tanzania. (2015) p 97
94
Supra note 90
95
The Warioba Report on corruption (URT 1966a) concluded that, it had become endemic in Tanzania
society. A 2014 transparency international- Kenya report positioned the Tanzania judiciary as tenth on
the list of the most bribery-prone public institution in East Africa. P 5
96
Dancer, H. Women, Land & Justice to Tanzania. (2015) p 97
97
ibid
98
Supra note 96
99
Rajabu Nassoro Chaka v Republic, Criminal Appeal No 83 of 1999 at Dar es Salaam (unreported)
34
Also in the case of Director of Public Prosecution (DPP) V Edward Maiga Lisso and
Another. Lugakingira J. (as he then was) remarked that
…the first Respondent who was a Resident Magistrate of Mwanza (RMS)

charged of corrupt transaction, I must observe that he is terrible disgrace to
himself and to the judiciary, there has been an outcry from the public about
corruption in our department and this magistrate is the evidence of the malaise.
A magistrate who has sworn to execute his duties without fear or favour but
turns around and extorts money from those who comes before him is not fit to
be a magistrate…100
Another case was the case of Benard Mfungamtama .v Republic. In this case the two
courts which are the Resident Magistrate Court and the High court of Tanzania came
up with two different decision, the Resident Magistrate court acquitted the alleged
magistrate on all counts but on appeal the High court found the magistrate to be guilty
and convict him on all counts contrary to the lower court. The brief fact of the case
were: In this case a magistrate was charged in the Resident magistrate court at Moshi
with soliciting and obtaining a bribe, contrary to Section 3 of the Prevention of
Corruption Act, reads together with section 59(2) and paragraph 2 of the first Schedule
to the Economic and Organized Crime Control Act 1984, the trial court acquitted him
on both counts by a process of reasoning which is not so easy to comprehend. On appeal
the High court found that the money which was received by the magistrate had been
solicited and obtained by him corruptly thereafter imposed a sentence of two years on
each count, the sentence to run concurrently.101 Hence these cases prove the existence
of corruption in the Tanzania judiciary system.
In Arumeru District just as other parts of Tanzania the situation was the same with
regard to most of the Arumeru society towards the court system. Through the
researchers` observation he came up with the results that, there is a negative perception
100
Director of Public Prosecution (DPP) V Edward Maiga Lisso and Another Criminal Appeal number 305
of 1992, (H.C) at Mwanza (Unreported)
101
35
by most of the people of Arumeru District towards the court, most of the people in the
Meru society especially the poor who are the ones whose rights are mostly violated,
have the perception that the courts are for the rich people. They believed that justice
from the court is not driven by the idea of how has the right but rather it is driven by the
idea of who has wealth.102 This was well explained in the speech given by Kofi Annan
who said that, wherever we lift one soul from a life of poverty, we are defending human
rights. And whenever we fail in this mission, we are failing human rights.103 This
quotation proves that most of people fail to protect their rights due to the belief that
courts cannot be accessed by the poor, and hence the only way to protect human rights
is by eradicating poverty in the society.
Hence due to the notion that stuck in the head of most Arumeru people about their court
system, it had led to most of the people looking at the court as not being the right place
to take their matters, hence geared the increase in the violation of human rights in
Arumeru District. And most of the poor people in the society are the ones who are
affected mostly by the human right violations in the Meru society in Arumeru District.
3.5 THE COMPLEXITY OF PUTTING THE LAWS PROTECTING HUMAN

RIGHTS IN TO PRACTICE.
When talking of the putting of the human rights law (the Bill of rights) in to practice the
main Act that is to be analysed is the Basic Rights and Duties Enforcement Act, 1994.
Looking at the history of this statute it was seen that, this Act was part and parcel of the
government`s reaction at the end of 1994 against the High Court`s independent and
progressive interpretation during the period following the drastic challenges in Tanzania
political system in 1992. The courts were seen to be working against any distortion by
the executive of the origin substance of the bill of rights. It is seen that the BRADE Act
102
Sikoi, L. Corruption in the Judiciary and Delays of Cases in Tanzania. (2013) P 31
103
United Nations Human Rights, Office of the High Commissioner
http://www.ohchr.org/EN/Issues/Poverty/DimensionOfPoverty/Pages/Index.aspx retrieved 13th June
2017
36
was to operate as a permanent solution aimed at deterring the excessive judicial activism
of some known judges of the High Court.104
The Basic Right and Duties Enforcement Act (BRADEA)105 have the cumbersome
procedures for the enforcement of the guaranteed rights of the individual’s person in
Tanzania. This has been perceived as the weakness of the Act to create road block for
the protection of the individual rights in favour of the violation of the individual rights
by the states as well as state authority. Does this can be interpreted under the notion of
the limitation on the enforcement of human rights? In the case of Julius Ishengoma
Francis Ndyanabo vs The Attorney General
Fundamental rights are not illimitable. To treat them as being absolute is to

invite anarchy in society. Those rights can be limited, but the limitation must not
be arbitrary, unreasonable and disproportionate to any claim of state interest.106
So whether the restriction of the enforcement of the human right in Tanzania through
the Act is reasonable. The following are the argument that the Basic Right and Duties
Enforcement Act does not advance the protection of human right.
3.5.1 EXISTENCE OF CUMBERSOME PROCEDURE FOR HEARING
Under the Basic Rights and Duties Enforcement Act,107 provides for the ungainly
procedure on the litigating the Rights provided for in the Chapter III of the constitution,
which in instigate the decay of the determination of the very promoted and protected
104
IG Shivji “The changingstate: From an extra-legal to an intra-legal state in Tanzania” in CK Mtaki and
M Okema (eds) Constitutional Reform and Democratic Governance in Tanzania (1994, Friederich
Nauman Foundation and Faculty of Law, University of Dar Es Salaam) 79 at 89.
105
No33 of 1994, [Cap3 R.E 2002]
106
Julius Ishengoma Francis Ndyanabo vs The Attorney General Court of Appeal of Tanzania, Civil
Appeal No 64 of 2001 (unreported).
107
Act No33 of 1994, [Cap3 R.E 2002]
37
human rights in judicial level, when it comes to the procedure of a single judge to
determine a prima facie case and later the healing by the full bench.108
In the case of the Judge in Charge High Court of Arusha and Attorney General v. N.I.N
Munuo Ng’uni,109 was contended that the procedure and requirement for the human
rights cases to be referred to the High Court as the court of first instance can lead to the
elapse of time in the course of litigation and the adjournment may lead to the loose of
the right by individuals. Example the Deportation Ordinance Cap 38 of Revised Laws,
in the case of Chumchua s/o Marwa v. Officer In charge Musoma Prison and Another,
High Court of Tanzania at Mwanza, Miscellaneous Criminal Cause No.2 of
1988(unreported). The case of Daudi s/o Pete vs. DPP, The High Court of Tanzania at
Mwanza, Miscellaneous Criminal Cause No.80 of 1989(unreported, where the court
declared the section 148(5) of CPA to be unconstitutional,
3.5.2 PRESENCE OF RESTRICTION IMPOSED TO THE HIGH

COURT.
It is quite interesting point that after the entrenchment of the Bill of Rights in the
Constitution of United Republic of Tanzania the High Court through the very Article
64(5) of the Constitution were vested with power to declare any law as unconstitutional
and void. Therefore this rendered the court of law to declare various laws as well as
provisions to be unconstitutional as it were against with the Bill of Rights. 110 However
108
Chris, Maina Peter, Right of Access to Justice in Tanzania, Annual Human Right Conference Report
2002,
LHRC, Dar es Salaam, 2003 p 14
109
Judge in Charge High Court of Arusha and Attorney General v. N.I.N Munuo Ng’uni, In the Court of
Appeal of Tanzania at Arusha, Civil Appeal No. 45 of 1998 (unreported). In this case it was stated that,
whenever the case was called for hearing one of the judge was missing which prompted to the
adjournments
110
Chumchua s/o Marwa v. Officer In charge Musoma Prison and Another, High Court of Tanzania at
Mwanza, Miscellaneous Criminal Cause No.2 of 1988(unreported). The case of Daudi s/o Pete vs. DPP,
38
the government were not happy with such power entrusted by the High Court later on
through the Constitution Amendments took away those power by incorporation of the
Article 30(5) which is parimateria with the wording of Section 13(2) of the BRADEA
which states that where the High Court is satisfied with allegation that any law or action
taken by the state Authority that abridges the basic rights, freedom or duties imposed
by Article 12-29 of the Constitution, and such a court is satisfied that law to be
unconstitutional or void, the court is duty bound to direct the parliament or any other
legislative authority or the government as the case may be to rectify such a law within
the specific time and such a law shall be valid until such defect is corrected by such
authority or government organ. However the court of law being aware with the defect
of the Act toward protection of Human Rights have been reluctant to be bound by such
limitation through various cases, example in the case of Judge in Charge High Court of
Arusha and Attorney General v. N.I.N Munuo Ng’uni,111 where the court concurred with
the word postulated in the case of Smith v. East Elloe Rural District Council,112 that the
court will not tolerate with any act which will oust their jurisdiction, though they have
to give effect to plain words.
However those word have been strengthened by the Provision of Article 107A(1) and
(2)(a) of the constitution,113 the judiciary in dispensation of justice in matters of civil
and criminal, shall done so without being tied up with technicalities that may lead the
barricade/cordon of justice. The court of law has to do nothing but to dispense justice,
in the case of Judge in Charge High Court of Arusha and Attorney General v. N.I.N
Munuo Ng’uni,114 the court concurred with the decision of the court in the case of A. G.
v. Rev. Christopher Mtikila, where it asserted that;
The High Court of Tanzania at Mwanza, Miscellaneous Criminal Cause No.80 of 1989(unreported,
where the court declared the section 148(5) of CPA to be unconstitutional,
111
Judge in Charge High Court of Arusha and Attorney General v. N.I.N Munuo Ng’uni In the Court of
Appeal of Tanzania at Arusha, Civil Appeal No. 45 of 1998 (unreported
112
113
Constitution Amendment No.3 of February 2000
114
Supra note 111
39
we have no doubt in our minds that the provision seek to circumscribe the
powers of the High Court in dealing with the issues of the fundamental
rights…….but with respect, the courts have generally, and particularly in that
case demonstrated maturity in judiciary restraint. So we endorse what our
brothers said about principles of harmonization and that of construing
fundamental rights provisions so as to make them meaningful and effect.115
Therefore the court in this case departed with section 13(2) of the BRADEA. Therefore
this shows how the BRADEA intended to limit the protection of the human right in
Tanzania. The court went further to give the meaning of the word underlines under
section 13(2) that it requires the High Court to refrain short of pronouncing the law or
action of government is invalid or unconstitutional and call the court of law to refer the
matter to Parliament or to a relevant authority to rectify the law or such an action.
In the real sense it will be meaningless for the court of law to stop declare any provision
of the law which barricade the enjoyment of the human right to be void or
unconstitutional. In Munuo’s case, the court of law was of the view that complying with
section 13(2) would prompt the delay in rendering justice and thus it is inconsistence
with the Article 170A (2) (b) of the Constitution. Therefore it is undisputed that the
word of Section 13(2) of BRADEA does not advance protection of human right.
3.5.3 THE POWER OF THE COURT TO STRIKE OUT THE APPLICATION,

AS PRESCRIBED UNDER SECTION 8(3) OF THE ACT
The section propound that the court may strikeout any case if it satisfy that the
application is brought under Article 12-29 of the constitution are likely to contravene
with the bill proposed at the date of the application. People’s right have been violated
for such a particular period of time then the law prevent the proceeding of case for it
will contradict with the proposal of the bill. This is cannot be termed as advance of
justice rather the grabbing of the rights which are guaranteed to the individual persons.
This has been one of the criticism in most of the African countries that they entrench
115
A. G. v. Rev. Christopher Mtikila [1995] TLR 3.
40
the bill of rights in the constitution on one hand and those rights are taken on the other
hand, that is are subjected to the provision of law.116
3.5.4 NUMBER OF JUDGES FOR DETERMINATION OF THE HUMAN

RIGHT CASE
This has been the weakness of the judicial system which is guaranteed by the BRADEA
in the protection of human right in Tanzania. In the section 10(3) stipulate clear the
number of judges in the determination of Human Right case shall be three judges of the
High Court. It is disputed that in most of the High Court Registry there are few number
of judges who does not meet the requirement prescribed under the BRADEA for
determination of Human right cases. Therefore this attracts the adjournment of the case
and sometimes failure of dispensation of justice to the Tanzanian to the victim of human
rights violation. Therefore in most of High Court in Tanzania lack of qualified human
resource is one of the challenges which face many High Court registries.117
3.5.5 IT LIMITS THE JURISDICTION OF OTHER COURT OVER THE

HUMAN RIGHTS CASES SECTION 9 (1).
The Act in the open words oust the jurisdiction of human rights case in lower court
which in the greater extent lead to impugn of the justice in Tanzania. This inability of
the lower court to determine the human right cases has led to the delay of many human
rights cases in the High Court due to the backlog of cases as well as the availability of
the judges for the determination of cases. This has prompted the erode of the general
116
Kenya National Commission on Human Rights, making the bill of rights operational: policy, legal and
Administrative priorities and considerations, Occasional Report October 2011. P.28
Available at. http://knchr.org/Portals/0/Reports/MAKING_THE_BILL_OF_RIGHTS_Operational.pdf.
Accessed on
16/05/2017
117
Tanzania Human Rights Report 2006, Available at.
http://www.humanrights.or.tz/reports?download=16:tanzaniahuman-rights. Retrieved on
16/05/2017
41
public confidence to bring the human right claims in the court of law due to the general
undermine of the existence of the court within the country.118
3.5.6 PROCEDURE TO REACH THE DECISION OF THE RIGHT

DETERMINED BY THE HIGH COURT.
The decision of the High court in the determination of the matter is subjected to the
opinion of the majority of the judges hearing the petition.119 This may lead to
impossibility to reach the justice if two of the judges are corrupt judges. Lord Denning
once stated that “there is another kind of judges who sees his task as maintain the
authority of state, interpreting Acts of parliament narrowly, supporting the words of the
law in preference to the justice of the case, and affirming that it is for the parliament to
change the law and turn out to be unjust or absurd and not for the judges to achieve that
the result through statutory interpretation.”120
Hence due to the cumbersomeness of putting the law protecting human rights in to
practice, most of the Arumeru people found it hard for them to instigate cases in case of
any violation and hence lead to an increase in number of human rights violation in
Arumeru District in Arusha.
3.6 THE PROCEDURE OF PUTTING THE INTERNATIONAL HUMAN

RIGHTS TREATIES IN TO PRACTICE
According to the dualists, the rules of the systems of international law and municipal
law exist separately and cannot purport to have an effect on, or overrule, the other; a
recognition of the fundamentally different nature of inter-state and intra-state relations
and the different legal regimes used in municipal law and international law.121 Being
separate systems, international law does not as such form part of the municipal law of a
118
(2003) 15 NWLR pt. 842 p. 25.
119
Section10 (2) of The Basic Rights and Duties Enforcement Act, 1994
120
M.R, Lord Denning, The closing Chapter, London: Butterworths, 1983 at p. 188
121
Shaw, M. international Law. Fifth edition (2003) p 121
42
state.122 When in particular instances rules of international law may be applicable within
a state, they do so by virtue of their adoption by the internal law of the state, and apply
as part of that internal law and not as international law.123 Therefore the question of the
supremacy of one system of law over the other is avoided since they share no common
field of application. Each is supreme in its own sphere.124
Tanzania being dualist state, this makes the process of domestication and enforcement
of International Conventions await the enactment of an Act of parliament in order to
acquire the force of law domestically that is legislative process required for the
implementation of international law in national law.125 Unfortunately not many Acts of
parliament have been enacted for this purpose, hence denying Tanzanians the ability to
enforce international human rights laws in domestic courts, hence making them not
binding but only persuasive.
Hence this has led Arumeru people whose rights are only protected by the international
law but not domesticated in Tanzania fail to seek for justice inside Tanzania courts, and
this had triggered the increase in the violation of those rights that are only protected by
the international treaties but not introduced in to domestic law by the parliament, due to
them lacking protection in domestic courts.
3.7 CONCLUSION
Throughout this discussion, our research has revealed that, the violation of human rights
has created suspicious atmosphere in Arumeru District, whether the country is serious
enough in wiping out all undemocratic actions; upholding of the democratic values of
the constitution, access to justice, to have sufficient interest in bring members of the
community, the government and its official to account for every violation which is not
justifiable. It needs to be realised that protection, promotion and preservation of human
122
Shaw, M. international Law. Fifth edition (2003) p 122
123
ibid
124
ibid
125
Article of The Constitution of United Republic of Tanzania, 1977
43
rights, so to speak, are a factor which enhances the prospects of democracy and
accountability of any democratic society wishes to have. Any violation of human rights
provisions should be discouraged altogether.
44
CHAPTER FOUR
CONCLUSION AND RECOMMENDATION
4.0 CONCLUSION
As the general Arumeru and the legal framework itself significantly contribute to human
rights violations, it is even more necessary for the government and the civil societies to
articulate clearly the values of human rights to the general public in order of getting it
to appreciate human rights as safeness for all members of the community of Arumeru
District and in the country.
Thus a well catalogued Bill of Rights is of no use to the people if they are not aware of
them and even if aware but cannot have easy access to the justice system when the rights
given to them by the bill of rights is violated. We are operating an adversarial system of
administration of justice, whereby it is for the client, whose human right has been
invaded or violated, to either brief a lawyer to enforce his right or enforce it himself. In
these circumstances, when an individual or group whose human rights has been violated
does not know or knows but cannot enforce his/her or their rights, much less that it has
been violated, then the process of asserting the right can hardly be expected to begin.
This work has attempted to reveal that there are human rights violations not only in
Arumeru District but also in other areas in Tanzania. In our endeavor to remedy the
situation the researcher had set to make recommendations which are mainly basing on
the findings of the research. The following part of the discussion is to that effect.
4.1 RECOMMENDATIONS
In order to ensure smooth running of promotion, preservation and enforcement of

human rights provisions particularly in Arumeru District and Tanzania in general, we
make the following recommendations:
45
4.1.1 THERE SHOULD BE HUMAN RIGHTS AWARENESS.
There have been a long discarding myth that only lawyers are the ones mandated to
spread awareness to the society on human rights law issues, in which it is a wrong
perception among the people in which it has led to most of members being unaware of
issues pertaining to human rights.
In Arumeru District, there is reason to believe that there is a lack of awareness on the
part of the general public of the nature of its rights. Also most people lack the resources
to litigate for the protection of these rights. Human rights law education is very
important element in determining the effectiveness of the rule of law. Such awareness
can be created or increased in a number of ways. It can be done by mounting human
rights literacy campaign through media including the press, radio and television, public
lectures and seminars and by incorporating in the syllabus in the teaching of human
rights law in all levels of education in the country. All these educational activities
whether they incorporate a high degree of expertise or consist of mainly emotional
appeals are of capital importance. They shape the public understanding of human rights
and as a result empower public audiences to defend their own rights and hold state
accountable to their international commitments.
4.1.2 WE SHOULD MAKE HUMAN RIGHTS MEANINGFUL.
In order to render human rights meaningful to our people, we should nevertheless be

ever alert to the danger of importing readymade menus and standards on human rights
which are repugnant to our national values for adoption in our Constitution. Meaningful
human rights has to take into account the nation’s history, culture, traditions, social
development and even economic development.
4.1.3 BRINGING GOOD CO-OPERATION BETWEEN THE ARUMERU

DISTRICT PEOPLE AND THE POLICE FORCE
The police being an important institution in the protection of human rights in the
Tanzania society, it needs good co-operation from the people for it to fulfill its` duties
in the protection of human rights in the society. Transforming the police has historically
46
proved extremely difficult, even with constitutional change and strong legislation and
regulations. In countries that have gone through a transformation of the entire society,
such as South Africa, the police system has still proved difficult to change, as despite
changes in legislation, the police system tends to remain structurally and procedurally
authoritarian hence bringing fear and poor coordination between it and the community
in which it works for.126
In bringing about change to police institutions, numerous aspects of the system must be
addressed and improved including the legal and regulatory framework; the policy
framework; leadership, management and structure of policing; the fostering and
championing of new “stories” for the police to associate with and respect; a change in
the police officers themselves to organize and lobby for better conditions, which may
result in increased personal investment and pride in their roles; and ensuring police
internal processes, such as recruitment, promotion and transfer, are fair and transparent,
to cultivate respect for the institution and the values of transparency and due process.127
In 2006 the I.G.P Said Mwema, impacted upon an ambitious effort to restore police
image in a long term reform program. The program sought to address the rising
incidence of crime, the negative public perception of the police, the lack of police
personal and resource.128 In Tanzania, despite the step forward in preparing the
Tanzania Police Force Reform Program,129 the program does not appear to be a priority
with the government and insufficient resources have been allocated so that the goals of
the program remain unmet.130
126
CHRI. A FORCE FOR GOOD? IMPROVING THE POLICE IN KENYA, TANZANIA AND UGANDA (2014) P
xii
127
ibid
128
ibid p 36
129
Ministry of Home Affairs, Tanzania Police Force, Draft ,“Tanzania Police Force Reform Programme:
Medium Term
Strategy 2010/11 – 2014/15”, 4 May 2010.
130
Supra note 126 p xviii
47
With regards to the building of trust between the community and the police, the
following is to be done.
4.1.3.1 THROUGH JOINING OTHERS WHO ARE ALREADY WORKING ON

TRUST BUILDING
Community change happens when we all work together. Join others already working
toward change on this issue, or start a new group to organize community dialogue and
action on community-police relations. This is can be done through,
a) Involving local officials and members of the police community. Having these
groups take part in the conversation and action steps will begin to open a different
form of communication between police and residents.
b) Involving young people. The disconnection between police and the community is
particularly wide between police and young people, especially youth of color. That’s
why it’s essential for young people be involved from the beginning both in decision-
making and implementation of change.
c) Working with bridge-building organizations and leaders in the community. Find
local organizations and people to partner with who have trusting relationships with
both the police department and community members.
4.1.3.2 CREATE OPPORTUNITIES FOR GENUINE COMMUNITY

ENGAGEMENT.
Having a structured process for people, institutions, and government to work together
can lead to real change. Our discussion guide, Protecting Communities, Serving the
Public: Police and Residents Building Relationships to Work Together helps to create a
space for community members and police to talk about trust, expectations, policing
strategies and tactics. This allows residents to communicate their concerns and allows
the police community to communicate how residents can play critical roles in effective
partnership strategies.
48
4.1.3.3 ADDRESS THE HISTORY OF MISTRUST AND DISCONNECTION
BETWEEN THE COMMUNITY AND THE POLICE.
Tragic incidents don’t happen in a vacuum, there are hundreds of years of history and
policies that have shaped our communities today. By knowing the background help in
simplifying discussion guide that can help in having a conversation with the community
to begin to dismantle stereotypes, understanding and build mutual trust and respect, and
develop strategies for changing institutions.
4.1.3.4 LINK DIALOGUE TO ACTION AND COMMUNITY CHANGE.
With appropriate planning and organizing, the buy-in of local officials and the police
community is possible. A dialogue initiative with community residents and police can
become a springboard not just for building relationships, but also for transforming the
practices and policies of our public institutions. We must address the systemic roots of
the recurring tragedies in our communities and work toward inclusive, equitable
communities where everyone has voice and opportunity.
4.1.3.5 STRENGTHEN AND FUNDING THE COMMUNITY POLICING

PROGRAM ESTABLISHED BY I.G.P SAID MWEMA
Community policing is widely used in Tanzania, and has been an area that former IG
Said Mwema focused considerably on as part of the TPF Reform Program.131 One of
the arms of community policing have blurred the lines between vigilantism and
community policing. However it should be noted that other community policing
initiatives undertaken by the TPF were largely very positive, including:
a) Safiri Salama: involving the community in monitoring vehicles in order to reduce

road accidents;
131
Supra note 126
49
b) Usalama Wetu Kwanza and Klabu za Marafiki: public education on police and
safety issues, particularly for school children;
c) Youth Sports Programs where the police encourage young people to play sport as a
way to keep young adults busy and to meet and build trust between the police and
the community.132
d) Nyumba 10: this initiative divides the community into groups of ten houses, and
encourages and teaches these groups to work together, share information and watch
out for any safety and security issues. The police meet with representatives from
these groups to gain an understanding of security issues within the community.133
4.1.4 BUILDING TRUST TO THE JUSTICE SYSTEM
Most people in Arumeru District believe that, the lawyers are layers and that the justice
in Tanzania is only for the rich.134 As the result many people in Arumeru District do not
trust their own legal system. The only way to build the trust in this context is for the
justice system itself to comport themselves in a manner beyond reproach and to battle
and expose corruption when they encounter it but this trust building will not happen
quickly.135 It can only come as the result of a dedicated long term effort due to the fact
that it have already been severely disturbed.136 Building trust to the public on the judicial
can be fulfilled through the following recommendations:
132
Supra note 129
133
Open Society Foundations Crime and Violence Prevention Initiative (OSF CVPI) & Open Society
Initiative for Eastern Africa (OSIEA), “Tackling the Dangerous Drift: An Assessment of Crime and
Violence in Tanzania & Recommendations for Violence Prevention and Reduction”, June 2013, pp. 80-
81.
134
Sikoi, L. Corruption in the Judiciary and Delays of Cases in Tanzania. (2013) p 43
135
Dennison, D. B & Tibihikirra-Kalyegira, P. Legal Ethics and Professionalism (2014) p 61-62
136
ibid
50
4.1.4.1 IMPARTING LEGAL KNOWLEDGE TO THE PUBLIC
Public perception about the justice system can be built by imparting the knowledge
(legal knowledge) to the people.137 Example, people loose trust due to not understanding
that bail is a right to any person, this is seen in some cases where most people view the
release of criminal defendant on bail as an injustice, and this is only because of their
lack of understanding. Hence the justice as the whole have the duty to build trust to the
community by educating the wider public about how the justice system operates so as
to create confidence in the administration of justice, this include reaching out to the poor
and illiterates.138
4.1.4.2 TRANSPARENCY IN JUDICIAL WORKING
The public needs reliable access to information pertaining to laws, proposed changes in
legislation, court procedures, judgments, judicial vacancies, recruitment criteria,
judicial selection procedures and reasons for judicial appointments. The judiciary must
publish annual reports of its activities and spending, and provide the public with reliable
information about its governance and organization.
4.1.4.3 ESTABLISHMENT OF AUTONOMOUS OVERSIGHT INSTITUTIONS.
It has been noted that the existing oversight institutions fighting corruption such as the
Prevention and Combating of Corruption bureau, the Ethics secretariat, and good
governance coordination. Currently centralized under the direct whim of the executive
fact that has been rendering them ineffective in their mandate to wage an effective war
against corruption. Therefore the government commitment in strengthening the PCCB
and the ethics commission must be reflected in the founding legislations as well as
through financial assistant to enable the Prevention and combating of corruption bureau
(PCCB) and the ethics secretariat to put into action the directive of the National Anti-
Corruption Strategy and Action Plan (NACSAP) by virtue of which the PCCB intends
137
Supra note 135
138
Supra note 135
51
to strength its capacity to deal effectively with corruption issues and fulfill its mandate
under the strategy.
4.1.4.4 JUDICIAL SALARIES
Salaries must be commensurate with judges’ position, experience, performance and

professional development for the entirety of their tenure; fair pensions should be
provided on retirement.
Building trust in the Tanzania legal system is a key factor in the protecting the human
rights from being violated. But lacking that trust will lead the people whose rights have
been violated to remedy themselves by violating others right and hence bring chaos in
the society at large.
4.1.5 HARMONIZING THE BASIC RIGHTS AND DUTIES ENFORCEMENT

ACT, 1994
This act name deceives, because instead of assisting in enforcement of the basic rights
and duties, it made it harder, if not impossible for an individual to enforce his or her
rights in the court of law. Effort by different Judges such as Nchalla, J. in the case of
DPP v Anjelina Onjera who granted bail to the defendant basing on the Constitutional
Bill of Rights without strict compliance with the Basic Rights and Duties Enforcement
Act, 1994.139 But also different writers such as Heyns, C in his book Human Rights in
Africa where he criticized the Basic Right and Duties Enforcement Act, 1994. On the
views that the act hadn`t solved the process of protection of human right but rather it
had harden it. 140
Hence harmonizing the Basic Rights and Duties Enforcement Act, 1994 is the best and
the most important step that the parliament of the United Republic of Tanzania should
do, this will help smoothen the protection of human rights to the people of all parts of
139
D.P.P. v. Angeline Ojare, High Court of Tanzania at Arusha, Criminal Appeal No. 31 of
1996 (Unreported), Nchalla, J. 557
140
Heyns, C. Human Rights in Africa. (1997) p 284
52
Tanzania, as the act is seen to be one of the greatest bar that humps the protection of
human rights, while it was introduced to help in protections of the rights.
4.1.5 FORMULATION OF A SINGLE HUMAN RIGHTS INTERNATIONAL

INSTRUMENT WHICH WILL BE BINDING TO ALL COUNTRIES
DOMESTIC COURTS.
All great human achievement seems impossible until it happens, and then it was
inevitable, through the views from the researcher and deferent writers they provide a
vision for how future generation may look back and see just how writers met the
challenge of securing human rights in all nations.
With respect to the protection of human rights (international human rights) to be

protected similarly throughout the whole nation. With regards to this separate binding
of countries by an international treaties had led to some of the countries` individual`s
rights that are not protected by the laws of the country when violated, that particular
individual cannot be protected at all. Boyd, K, J. had the views that
now that we have looked back to see the evolution and predecessors of
humanity`s agreement to live together, and seen how regional agreements on
human rights are developing, we are to look forward and think about an
agreement to live together that include our entire international community in
which this is what lies at the end of the turning point.141
The recommendation on how to enforce the human rights international agreement to all
countries are as follows
Taking all various human rights documents that have been created, including the U.N.
conventions and regional conventions and consolidate them into a single document that
can be enforceable to all countries courts.142 An international document that binds all
141
Boyd, K J. 2048 Humanity`S Agreement To Live Together: The International Movement For
Enforceable Human Rights. (2010) p 109
142
ibid
53
countries directly. This will help solve the human rights violations that are not protected
by domestic courts due to them not being available in the national domestic laws, though
them being recognized by the international community. This should not be done by
discarding what we already have, but rather building on what the international
community have already brought into existence.
The Kirk Boyd`s vision of a global, binding human right compact under pinned by a
system of court of law, or an international court of human rights, is not just one possible
future scenarios. It is essential if international law is to make the quantum leap from a
mere system of laws to a true legal order.
The beauty of the drafting of the international convention is that, it is something tangible
that together we can focus, think about, rewrite and finally decide to implement in the
courts of all countries.
Human rights are permanent vacation. Even after the wonderful work of codification by
the United Nations and the regional human rights commissions and courts, reflection
goes on because there is a need of mechanisms for implementation, such as the World
Court of Human Rights. This is noble task that should reflect the views of all of
humanity, including the approaches of thinkers and lawyers.
54
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TUMAINI UNIVERSITY MAKUMIRA

ANALYSIS ON THE LEGAL FRAMEWORK PROTECTING HUMAN RIGHTS IN

DENIS SIMON DAVID

A RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE

REQUIREMENTS FOR THE AWARD OF THE DEGREE OF BACHELOR OF

LAWS (LL.B) OF TUMANINI UNIVERSITY MAKUMIRA

USA RIVER, TANZANIA.

23rd JUNE 2017.

TUMAINI UNIVERSITY MAKUMIRA

AN ANALYSE ON THE LEGAL FRAMEWORK PROTECTING HUMAN

RIGHTS IN ARUMERU DISTRICT

DENIS SIMON DAVID

UNDER THE SUPERVISION OF

A RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE

REQUIREMENTS FOR THE AWARD OF THE DEGREE OF BACHELOR OF

LAWS (LL.B) AT TUMANINI UNIVERSITY MAKUMIRA

USA RIVER, ARUSHA, TANZANIA

ANALYSE ON THE LEGAL FRAMEWORK PROTECTING HUMAN RIGHTS IN

published or submitted for a degree at this or other university.

Candidates’ Signature……………………….. Registration Number…………………..

Dated at Makumira- Arusha this………………day of…………….2017

Name and signature: Date:

do this work by my own. Such members are my lovely brother Meleckzedeck Y.

Am extremely grateful to my supervisor SIPHO LIMBE and ADV, F. KAYCHILE as

the beginning until the end of this work.

useful and relevant in laying the foundation of this work

TITLE PAGE ......................................................................................................................... i

Protection of Intellectual Property Rights.

© All rights reserved

AG v. Rev. Christopher Mtikila [1995] TLR 3

B Kendall and Others v. Peter Hamilton [1878] 4 A. C. 504.

Benard Mfungamtama .v Republic Criminal Appeal No 133 of 1992 (unreported)

Tanzania at Mwanza, Miscellaneous Criminal Cause No.2 of 1988

D.P.P. V Daudi Pete [1991] LRC 553

Appeal number 305 of 1992, (H.C) at Mwanza (Unreported)

John Byombalirwa v Regional Commissioner, Kagera and Regional Police

Commander, Bukoba. [1986] TLR 73, 84

Julius Ishengoma Francis Ndyanabo vs The Attorney General .Court of Appeal of

Tanzania, Civil Appeal No 64 of 2001 (unreported)

John Nyamhanga Bisare v Republic (1980) TLR 6

Mbushuu Dominic Mnyaroje V. R [1993] 2 LR C 317; (1993) TLR 159

Appeal of Tanzania, Dar es Salaam, Civil Appeal No. 3 of 1985 (Unreported).

Smith v. East Elloe Rural District Council [1956] AC 736

Simon Chatanda v. Abdul Kisoma [1973] LRT n. 11

. Smith v. East Elloe Rural District Council [1956] AC 736 at 750-1

Rajabu Nassoro Chaka v Republic, Criminal Appeal No 83 of 1999 at Dar es Salaam

of Tanzania at Tanga (Unreported)

1.0 INTRODUCTION OF THE STUDY

The development of human rights movement can be understood by looking at its

1.2 STATEMENT OF THE PROBLEM

c. Do members of the community have the right of access to legal education?

1.3 OBJECTIVES OF THE RESEARCH

1.4 THESIS STATEMENT/HYPOTHESIS

a. Most of the inhabitants of Arumeru district lacked proper knowledge on human

1.5 SIGNIFICANCE OF THE STUDY

1.6 LITERATURE REVIEW

1.7 SCOPE OF STUDY

1.9 BRIEF CHAPTER OVERVIEW

THE LAW AND PRACTICE

2.1 NATIONAL LAWS RELATING TO HUMAN RIGHTS

2.1.1 THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA,

2.1.2. BASIC RIGHTS AND DUTIES ENFORCEMENT ACT (ACT NUMBER

Fundamental rights are not illimitable. To treat them as being absolute is to