International Criminology World

World : Africa : Tanzania
 
Tanzania

Northern Tanganyika's famed Olduvai Gorge has provided rich evidence of the area's prehistory, including fossil remains of some of humanity's earliest ancestors. Discoveries suggest that East Africa may have been the site of human origin. Little is known of the history of Tanganyika's interior during the early centuries of the Christian era. The area is believed to have been inhabited originally by ethnic groups using a click-tongue language similar to that of Southern Africa's Bushmen and Hottentots. Although remnants of these early tribes still exist, most were gradually displaced by Bantu farmers migrating from the west and south and by Nilotes and related northern peoples. Some of these groups had well-organized societies and controlled extensive areas by the time the Arab slavers, European explorers, and missionaries penetrated the interior in the first half of the 19th century. The coastal area first felt the impact of foreign influence as early as the 8th century, when Arab traders arrived. By the 12th century, traders and immigrants came from as far away as Persia (now Iran) and India. They built a series of highly developed city and trading states along the coast, the principal one being Kibaha, a settlement of Persian origin that held ascendancy until the Portuguese destroyed it in the early 1500s. The Portuguese navigator Vasco da Gama explored the East African coast in 1498 on his voyage to India. By 1506, the Portuguese claimed control over the entire coast. This control was nominal, however, because the Portuguese did not colonize the area or explore the interior. Assisted by Omani Arabs, the indigenous coastal dwellers succeeded in driving the Portuguese from the area north of the Ruvuma River by the early 18th century. Claiming the coastal strip, Omani Sultan Seyyid Said (l804-56) moved his capital to Zanzibar in 1841. European exploration of the interior began in the mid-19th century. Two German missionaries reached Mt. Kilimanjaro in the 1840s. British explorers Richard Burton and John Speke crossed the interior to Lake Tanganyika in 1857. David Livingstone, the Scottish missionary-explorer who crusaded against the slave trade, established his last mission at Ujiji, where he was "found" by Henry Morton Stanley, an American journalist-explorer, who had been commissioned by the New York Herald to locate him.

German colonial interests were first advanced in 1884. Karl Peters, who formed the Society for German Colonization, concluded a series of treaties by which tribal chiefs in the interior accepted German "protection." Prince Otto is von Bismarck's government backed Peters in the subsequent establishment of the German East Africa Company. In 1886 and 1890, Anglo-German agreements were negotiated that delineated the British and German spheres of influence in the interior of East Africa and along the coastal strip previously claimed by the Omani sultan of Zanzibar. In 1891, the German Government took over direct administration of the territory from the German East Africa Company and appointed a governor with headquarters at Dar es Salaam. Although the German colonial administration brought cash crops, railroads, and roads to Tanganyika, European rule provoked African's resistance, culminating in the Maji Maji rebellion of 1905-07. The rebellion, which temporarily united a number of southern tribes and ended only after an estimated 120,000 Africans had died from fighting or starvation, is considered by most Tanzanians to have been one of the first stirrings of nationalism. German colonial domination of Tanganyika ended after World War I when control of most of the territory passed to the United Kingdom under a League of Nations mandate. After World War II, Tanganyika became a UN trust territory under British control. Subsequent years witnessed Tanganyika moving gradually toward self-government and independence. In 1954, Julius K. Nyerere, a school teacher who was then one of only two Tanganyikans educated abroad at the university level, organized a political party--the Tanganyika African National Union (TANU). TANU-supported candidates were victorious in the Legislative Council elections of September 1958 and February 1959. In December 1959, the United Kingdom agreed to the establishment of internal self-government following general elections to be held in August 1960. Nyerere was named chief minister of the subsequent government. In May l961, Tanganyika became autonomous, and Nyerere became Prime Minister under a new constitution. Full independence was achieved on December 9, 1961. Mr. Nyerere was elected President when Tanganyika became a republic within the Commonwealth a year after independence. TANU and the Afro-Shirazi Party of Zanzibar were merged into a single party (Chama cha Mapinduzi-CCM Revolutionary Party) on February 5, 1977. On April 26, 1977, the union of the two parties was ratified in a new constitution. The merger was reinforced by principles enunciated in the 1982 union constitution and reaffirmed in the constitution of 1984. The elections that followed the granting of self-government in June 1963 produced similar results. Zanzibar received its independence from the United Kingdom on December 19, 1963, as a constitutional monarchy under the sultan. On January 12, 1964, the African majority revolted against the sultan and a new government was formed with the ASP leader, Abeid Karume, as President of Zanzibar and Chairman of the Revolutionary Council. Under the terms of its political union with Tanganyika in April 1964, the Zanzibar Government retained considerable local autonomy. In 1977, Nyerere merged TANU with the Zanzibar ruling party, the ASP, to form the CCM as the sole ruling party in both parts of the union. The CCM was to be the sole instrument for mobilizing and controlling the population in all significant political or economic activities. He envisioned the party as a "two-way street" for the flow of ideas and policy directives between the village level and the government. President Nyerere stepped down from office and was succeeded as President by Ali Hassan Mwinyi in 1985. Nyerere retained his position as Chairman of the ruling party for 5 more years and was influential in Tanzanian politics until his death in October 1999. The current President, Benjamin Mkapa, was elected in 1995 and will stand for re-election in nationwide balloting scheduled for October 2000. Zanzibar President Salmin Amour was elected in single-party elections in 1990. In 1995, he was named the winner of Zanzibar's first multi-party elections, a victory widely deemed to have been tainted by fraud. He is not eligible to run for a third term.

 

CIVIL DISORDER

A general climate of good neighborliness and noninterference in each others' affairs marked relations among the three East African states during the 1960s. But these ties became strained at the end of the decade, as Obote's tentative moves toward more radical domestic and foreign policies caused anxiety among the more conservative Kenyan leadership and drew praise from the socialist-minded Tanzanians. Amin's coup d'état in 1971 created a sharp break in Uganda's ties to Tanzania and upset relations with Kenya. Immediately after the coup, the Kenyan authorities forced Obote to leave Nairobi, and Kenya recognized Amin's government. The Tanzanians welcomed Obote and continued to consider him the Ugandan head of state until shortly before the overthrow of Amin in 1979. Kenyan business people took sufficient advantage of shortages in Uganda during the Amin period that Kenya eventually replaced Britain as Uganda's main trading partner. However, many of Kenya's exports to Uganda were actually goods transshipped from Europe and the United States. Kenyan business people were frequently paid in Ugandan coffee, which they smuggled across the border and sold to the Kenyan government. These ties were temporarily disrupted in 1976 when Amin suddenly claimed for Uganda all Kenyan territory west of Lake Naivasha on the basis of early colonial boundaries. A large number of Ugandan refugees, particularly the highly educated, found jobs in Kenya during the 1970s. Meanwhile, the Tanzanian government supported an unsuccessful invasion of Uganda organized by Obote in 1972. In 1978 Amin sent the Ugandan army into the Kagera Salient in northwest Tanzania, where it plundered the area. The Tanzanian authorities sent their army to oust the Ugandans but, after meeting little resistance, invaded Uganda with a small contingent of Ugandan irregulars to overthrow Amin and install a Ugandan liberation front as his successor. The Tanzanian army remained in Uganda to maintain peace while the Ugandan liberation front organized elections to return the country to civilian rule. Officially, the Tanzanians were neutral, leaving political decisions to Ugandan officials. However, in early 1980, the Tanzanian army acquiesced in the removal of the interim president by Obote's supporters in the newly formed Ugandan army. After the 1980 election, President Obote discreetly distanced himself from the Tanzanian government and formed amicable relations with Kenyan officials and business people. After Obote was overthrown in 1985, the short-lived military government maintained friendly ties with the Kenyan president, Daniel T. arap Moi. The Okello government engaged in a war with the NRM that few observers thought it could win. Moi successfully mediated peace negotiations between the NRM and the Okello government in Nairobi in late 1985. However, the agreement for the two sides to share power was never implemented, as war broke out a month later and quickly resulted in the NRM's seizure of Kampala. President Moi, together with the heads of state from Zaire and Rwanda, met with Museveni shortly thereafter in Goma, Zaire, but he remained irritated over the NRM's "betrayal" of the agreement in which he had invested much of his time and prestige. In addition, Moi feared that the example of a guerrilla force taking power from an established African government might give heart to Kenyan dissidents and that the NRM government might even assist them. He also regarded Museveni's government as left-wing and likely to make alliances with radical states, which Kenya shunned. A year later, Moi accused the Ugandans of permitting Kenyan dissidents to arrange for guerrilla training by Libya.

In its first year in office, the NRM government attempted to reduce the cost of transporting its coffee to the Kenyan port of Mombasa by shifting from private Kenyan trucking companies, thought to have connections with Kenyan government figures, to rail delivery. It also announced plans to shift some of its other trade from Kenyan to Tanzanian routes. The Kenyan government and its press reacted strongly by castigating Uganda, disrupting supplies and telephone service, and unilaterally closing the border on several occasions. In response, in the middle of 1987 Uganda closed down its supply of electricity to Kenya and suspended all coffee shipments through Kenya. It also accused Kenya of assisting Ugandan dissidents fighting in eastern and northern Uganda. For three days in mid-December 1987, there was firing across the border, and it appeared that the two countries might go to war. The two high commissioners were harassed and expelled. The two presidents met in the border town of Malaba two weeks later. They reopened the border, pulled their troops back from it, and agreed to ship coffee to Mombasa on Kenya Railways, but similar hostile threats and actions occurred intermittently over the next several years. In March 1989, the Kenyan government claimed that a sizeable contingent of NRA troops had invaded northwest Kenya and that a Ugandan aircraft had bombed a small town in the same area. Uganda denied both allegations, pointing out it had no aircraft capable of carrying out such a raid and that the "soldiers" were probably cattle rustlers who had carried out raids across the border for years. For its part, the Ugandan government claimed that the Kenyans were continuing secretly to assist rebels infiltrating eastern Uganda, and tensions remained high through mid-1990. Both leaders expressed their willingness to improve relations, however, and in mid-August 1990, Museveni and Moi met and agreed to cooperate in ending their longstanding animosity. Relations between the NRM government and Tanzania were quieter and more correct, if not especially warm. The two governments were suspicious of each other when the NRM took power. On the one hand, NRM leaders believed the Tanzanians had supported Obote's efforts to gain power during the interim period before the 1980 elections and had helped him in his efforts to suppress the NRA during the guerrilla struggle. On the other hand, Museveni had admired Tanzania's progressive policies since his university days in Dar es Salaam. When the Ugandan government had asked a team of British military advisers to leave in November 1986, it replaced them with Tanzanian army trainers. Moreover, both governments strongly supported regional cooperation. Despite all of Uganda's public statements about developing an alternative route for its exports through Tanzania in the late 1980s, there was little it could send by that route until Tanzanian roads were rebuilt and the port of Dar es Salaam functioned more effectively.

 

ECONOMY

Tanzania is one of the poorest countries in the world. The economy is heavily dependent on agriculture, which accounts for half of GDP, provides 85% of exports, and employs 80% of the work force. Topography and climatic conditions, however, limit cultivated crops to only 4% of the land area. Industry is mainly limited to processing agricultural products and light consumer goods. The World Bank, the International Monetary Fund, and bilateral donors have provided funds to rehabilitate Tanzania's deteriorated economic infrastructure. Growth in 1991-2001 featured a pickup in industrial production and a substantial increase in output of minerals, led by gold. Natural gas exploration in the Rufiji Delta looks promising and production could start by 2002. Recent banking reforms have helped increase private sector growth and investment. Continued donor support and solid macroeconomic policies should support steady real GDP growth of 5% in 2002 and 2003.

Tanzania is not a major financial center. However, it continues to be a major transit point for a number of illegal drugs. As a result of drug transshipment, there has been a sharp rise in organized crime, gang warfare, and other violent crimes. This activity in turn has given rise to a myriad of cash-intensive businesses set up to launder money, including travel agencies, import-export firms, the construction of new office buildings and apartment houses, and textile mills. Money laundering is also reportedly becoming pervasive in the non-bank financial system. Money laundering is a criminal offense in Tanzania, but enforcement of the law is virtually nonexistent. The lack of complementary regulations, combined with inexperience and, very often, corruption on the part of law enforcement officials, has created an environment conducive to financial crimes in Tanzania. Tanzania is a party to the 1988 UN Drug Convention. Agriculture provided 82 percent of employment for the population of approximately 35 million. The Government continued macroeconomic reforms that liberalized agricultural policy; privatized over 300 parastatals; rescheduled foreign debt payments; freed the currency exchange rate; stimulated economic growth; and reduced the rate of inflation. The GDP growth rate was 5.6 percent. While the Government attempted to improve its fiscal management, pervasive corruption constrained economic progress.

 

BELIEFS

In the late 1980s, Ugandan officials estimated that 66 percent of the population was Christian--almost equally divided among Protestants and Roman Catholics. Approximately 15 percent of Ugandans were Muslims. Roughly 19 percent of the people professed belief in local religions or denied any religious affiliation. The basic tenets of all religions--that a spiritual realm exists and that spiritual and physical beings can influence one another--permeated much of Ugandan society. World religions and local religions had coexisted for more than a century, and many people established a coherent set of beliefs about the nature of the universe by combining elements of the two. Except in a few teachings, world religions were seldom viewed as incompatible with local religions. Throughout Uganda's colonial and postcolonial history, religious identity has had economic and political implications. Church membership has influenced opportunities for education, employment, and social advancement. As a result, the distinction between material and spiritual benefits of religion has not been considered very important, nor have the rewards of religious participation been expected to arrive only in an afterlife.

 

INCIDENCE OF CRIME

The crime rate in Tanzania is low compared to industrialized countries. An analysis was done using INTERPOL data for Tanzania. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Tanzania will be compared with Japan (country with a low crime rate) and USA (country with a high crime rate). According to the INTERPOL data, for murder, the rate in 2000 was 7.95 per 100,000 population for Tanzania, 1.10 for Japan, and 5.51 for USA. For rape, the rate in 2000 was 10.05 for Tanzania, compared with 1.78 for Japan and 32.05 for USA. For robbery, the rate in 2000 was 3.15 for Tanzania, 4.08 for Japan, and 144.92 for USA. For aggravated assault, the rate in 2000 was 14.05 for Tanzania, 23.78 for Japan, and 323.62 for USA. For burglary, the rate in 2000 was 89.22 for Tanzania, 233.60 for Japan, and 728.42 for USA. The rate of larceny for 2000 was 80.15 for Tanzania, 1401.26 for Japan, and 2475.27 for USA. The rate for motor vehicle theft in 2000 was 0.75 for Tanzania, compared with 44.28 for Japan and 414.17 for USA. The rate for all index offenses combined was 205.32 for Tanzania, compared with 1709.88 for Japan and 4123.97 for USA.

 

TRENDS IN CRIME

Between 1996 and 2000, according to INTERPOL data, the rate of murder increased from 7.61 to 7.95 per 100,000 populations, an increase of 4.5%.   The rate for rape increased from 1.63 to 10.05, an increase of 516.6%.   The rate of robbery increased from 2.44 to 3.15, an increase of 29.1%.  The rate for aggravated assault increased from 1.62 to 14.05, an increase of 767.3%.  The rate for burglary increased from 85.6 to 89.22, an increase of 4.2%.  The rate of larceny increased from 28.55 to 80.15, an increase of 180.7%.   The rate of motor vehicle theft decreased from 0.98 to 0.75, a decrease of 24.5%.  The rate of total index offenses increased from 128.43 to 205.32, an increase of 59.9%.

 

POLICE

In 2002, the police force had primary responsibility for maintaining law and order. It formerly was supported by citizens' patrols known as "Sungusungu," which remained active in rural areas, but virtually disappeared from urban areas. There also were Sungusungu groups composed of refugees in most refugee camps that acted as quasi-official security forces. The military was composed of the Tanzanian People's Defense Force (TPDF). The People's Militia Field Force (FFU) was a division of, and directly controlled by, the national police force. The security forces were under the full control of, and responsive to, the Government. The security forces regularly committed human rights abuses. There were no reports of political killings during the year; however, there were reports of unlawful killings. The Constitution prohibits such practices; however, there were reports that police officers threatened, mistreated, or occasionally beat suspected criminals during and after their apprehension and interrogation. The Government seldom prosecuted police for abuses in practice. During the year, police used force to disperse one large gathering. There continued to be numerous reports that police officers used torture, including beatings and floggings, during the year. Unlike in the previous year, there were no reports of police officers threatening, mistreating, beating, or arresting relatives of criminal suspects. The police and the judicial system continued to use corporal punishment. On June 4, a high court in Dodoma ordered six cane strokes for a juvenile convicted of manslaughter. In July Justice Minister Mwapachu said that the issue of whether to continue the practice of caning offenders would be suspended until the Government carried out thorough investigations. No action was taken against the members of the security forces responsible for torturing, beating, or otherwise abusing persons in the following cases from 2000: The April beatings and police brutality in Stone Town in Zanzibar; the October beating of persons who violated the 7 p.m. curfew imposed in Wete, Pemba; the October beating of a man in custody; the October shooting of six CUF supporters; the October beating of a man during a CUF meeting; the October beating of Fortunatus Masha, an opposition candidate who was vice-chairman of his party; the October injuring of several arrested persons in Pemba; the November beating of several CUF officials in Stone Town in Zanzibar; the November case in which police reportedly broke the jaw of a detainee; and the November beating and reported torture of opposition officials in Zanzibar. Sexual abuse and rape of detainees was a problem; however, the Government took some steps during the year to discourage and punish such abuses. On March 25, following public protest, the Minister of Home Affairs ordered the Inspector General of Police to investigate a policeman who allegedly raped a 16-year-old girl in November 2001 while she was at a police station. The action was ordered after complaints that the suspect had not yet been charged or summoned to court. The investigation was pending at year's end. In previous years, security forces regularly used beatings, tear gas, and other forms of physical abuse to disperse large gatherings. During the year, police forces were more disciplined in their handling of demonstrations; however, in February they used tear gas to disperse one large gathering, which resulted in deaths and injuries.

The Government promoted police training during the year in an effort to reduce police impunity. On December 2, the first Civil Disorder Management training session was held; 35 police officers attended from throughout the country, including Zanzibar. In response to police corruption and impunity, the Inspector General of Police transferred 74 police officers from the Arusha Central Police Station following allegations that they were complicit in a series of thefts. In June 2001, the Inspector General of Police reorganized the police force. The action included transfers of police officials throughout the country, some for suspected misconduct, in order to improve police performance and fight corruption in the police force. The internal investigation of a police officer accused of harassing and attempting to bribe a local businessman was ongoing at year's end. Despite these actions and those of the Prevention of Corruption Bureau (a separate and ineffectual arm of the police force tasked with combating police corruption), there were numerous complaints from civil society groups about police corruption during the year. The People's Militia Laws grant quasi-legal status to the traditional Sungusungu neighborhood and village anticrime groups. The Sungusungu still exist, particularly in rural areas such as the Tabora, Shinyanga, and Mwanza regions, and in refugee camps. Members of Sungusungu have additional benefits similar to those given to police officials, including the right to arrest persons. In return members of Sungusungu were expected to be held accountable for any abuses. In January radical Muslims bombed popular bars in Zanzibar Town because they served alcohol and employed prostitutes. By year's end, no group had claimed responsibility for the 2000 bomb explosion at a school in Stone Town, Zanzibar that was used as a polling office for the November 2000 re-run elections or for the December 2001 bomb explosions in Zanzibar Town. A general lack of trust in the police force and in the court system resulted in a high incidence of mob justice during the year.

The Constitution generally prohibits such actions without a search warrant; however, the Government did not respect consistently the prohibitions in practice. The Prevention of Terrorism Act permits the police to conduct searches without a warrant in certain urgent cases. The law authorizes police officials, including the civilian anticrime groups, to issue search warrants; however, the act also authorizes searches of persons and premises without a warrant if necessary to prevent the loss or destruction of evidence connected with an offense or if circumstances are serious and urgent. In practice police and members of other security services rarely requested warrants and often searched private homes and business establishments at will. The security services reportedly monitored telephones and correspondence of some citizens and foreign residents. Unlike in the previous year, there were no reports that police officers broke into homes and businesses in Zanzibar, or that police officers in Pemba conducted house-to-house searches for opposition supporters. There also were no reports that telephone communications from Pemba were monitored or that connections were cut off during telephone calls. The CCM remained influential. While in the past CCM membership was necessary for advancement in political and other areas, CCM membership was voluntary. Unlike in the previous year, there were no reports of police officers threatening, mistreating, beating, or arresting relatives of criminal suspects.

 

DETENTION

Arbitrary arrest and detention were problems in year 2002. The law requires that a person arrested for a crime, other than a national security detainee under the Preventive Detention Act, be charged before a magistrate within 24 hours; however, in practice the police often failed to comply. In some cases, accused persons were denied the right to contact a lawyer or talk with family members. The law restricts the right to bail and imposes strict conditions on freedom of movement and association when bail is granted. Bail was set on a discretionary basis by judges based on the merits of each case; however, there was no bail in murder or armed robbery cases. Bribes often determined whether bail was granted or whether a case was judged as a civil or criminal matter. There were reports of prisoners waiting several years for trial because they could not bribe police and court officials. Because of backlogs, an average case took 2 to 3 years or longer to come to trial. Observers estimate that approximately 5 percent of persons held in remand ultimately were convicted, and often those convicted already had served their full sentences before their trials were held. The authorities acknowledged that some cases had been pending for several years.

Under the Preventive Detention Act, the President may order the arrest and indefinite detention without bail of any person considered dangerous to the public order or national security. This act requires that the Government release detainees within 15 days of detention or inform them of the reason for their detention. A detainee also was allowed to challenge the grounds for detention at 90-day intervals. The Preventive Detention Act has not been used for many years nor was it used during the year. The Court of Appeals ruled that the act cannot be used to deny bail to persons not considered dangerous to society; however, the Government still has not introduced corrective legislation. The Government has additional broad detention powers under the law, which permit regional and district commissioners to arrest and detain for 48 hours persons who may "disturb public tranquility." The Government used arbitrary arrest on a few occasions. For example, on August 4, opposition leader Christopher Mtikila of the Democratic Party was arrested and charged with making seditious remarks after alleging that President Mkapa was a national of Mozambique. These statements prompted the Registrar of Political Parties to threaten to deregister the Democratic Party if Mtikila was convicted of sedition. There was no further information on the case by year's end. During the year, persons were arrested following the forcible dispersion of demonstrations. There were reports that the police arrested and detained refugees.

In October 2001, all charges against persons arrested in connection with the January 2001 demonstrations were dropped, and all detainees were released as part of the October 10 reconciliation agreement between the CCM and the CUF, which called for the release of all persons in custody who were associated with the January 2001 events. In 2001 police arrested Tanzania Labor Party (TLP) chairman Augustine Mrerna and Lawyers' Environment Action Team (LEAT) President Nshala Rugemeleza and charged them with seditious intent for LEAT's role in investigating claims that miners were killed at Bulyanhulu in 1996; the case was still pending at year's end. Unlike in previous years, police in Zanzibar did not detain, arrest, or harass CUF members and suspected supporters. There were reports that nongovernment militiamen detained persons. In October local militiamen in Tarime town detained 20 suspected criminals in a small room in a warehouse for more than 2 weeks without delivering them to the police for legal action. The Constitution does not permit the forced exile of its citizens, and the Government did not use forced exile in practice.There was significant hostility and resentment against Burundian refugees during the year and continuing concern regarding violence allegedly perpetrated by some armed Burundian and Rwandan refugees. Local officials reported incidents of banditry, armed robbery, and violent crime, perpetrated by refugees in the areas surrounding refugee camps. Sexual and gender-based violence remained a problem in refugee camps. There also were credible reports that some refugees engaged in vigilante justice within camps, occasionally beating other refugees.

 

COURTS

The legal system of Tanzania is based on on English common law. The Constitution provides for an independent judiciary; however, the judiciary was corrupt, inefficient, and subject to executive influence.The higher courts increasingly demonstrated independence from the Government. Senior police or government officials no longer pressured or reassigned judges who made unpopular rulings. However, independent observers continued to criticize the judiciary, especially at the lower levels, as corrupt and inefficient and questioned the system's ability to provide a defendant with an expeditious and fair trial. Clerks took bribes to decide whether or not to open cases and to hide or misdirect the files of those accused of crimes. Magistrates occasionally accepted bribes to determine guilt or innocence, pass sentences, withdraw charges, or decide appeals. In 2000 the Minister of Justice acknowledged in public statements that problems within the judiciary included unwarranted delays in the hearing of cases, falsified recording of evidence in court records, bribery, improper use or failure to use bail, and unethical behavior on the part of magistrates. For example, on September 4, 12 persons detained for operating a "sex parlor" were denied bail because police failed to transport the detainees from the prison to the court in order to plead bail. The Government made little progress in addressing judicial corruption. Judicial ethics committees failed to offer recommendations to improve the credibility and conduct of the judiciary. The Prevention of Corruption Bureau (PCB) received 16 reports of judicial bribery during the year. For example, on November 22, a Primary Court magistrate was arrested after she received $50 (50,000 shillings) of a $150 (150,000 shillings) bribe that she demanded from the accused in a case about grazing rights. The magistrate previously had been reprimanded on numerous occasions for soliciting bribes. Of the magistrates and court clerks arrested in 2000 and 2001 for corruption, three remained in prison at year's end. The others were acquitted; however, they received administrative penalties, including suspension from work, dismissal, and forced retirement.

The legal system was based on the British model, with modifications to accommodate customary and Islamic law in civil cases. Christians were governed by customary or statutory law in both civil and criminal matters. Muslims could apply either customary law or Islamic law in civil matters. The court system consists of primary courts, district courts, the High Court, and the Court of Appeals. Advocates defended clients in all courts, except in primary courts. There was no trial by jury. In addition to judges, there were district (or resident) magistrates. The law also provides for commercial courts, land tribunals, housing tribunals, and military tribunals. However, military tribunals have not been used in the country since its independence. Military courts did not try civilians, and there were no security courts. Defendants in civil and military courts could appeal decisions to the High Court and Court of Appeal. In refugee camps, Burundian mediation councils, comprised of male refugee elders, often handled domestic abuse cases of Burundian refugees even though the law does not allow these councils to hear criminal matters. Zanzibar's court system generally parallels that of the mainland but retained Islamic courts to adjudicate Muslim family cases such as divorce, child custody, and inheritance. Islamic courts only adjudicated cases involving Muslims. Cases concerning Zanzibar constitutional issues were heard only in Zanzibar's courts. All other cases could be appealed to the national Court of Appeal. Criminal trials were open to the public and to the press; courts were required to give reasons on record for holding secret proceedings. In November Parliament passed the Prevention of Terrorism Act, which excludes everyone except the interested parties from trials of terrorist suspects and suppresses information to protect the identity of witnesses in those trials. The law had not been implemented by year's end. Criminal defendants had the right of appeal. The law provides for a right to defense counsel. The Chief Justice assigns lawyers to indigent defendants charged with serious crimes such as murder, manslaughter, and armed robbery. There were only a few hundred practicing lawyers in the country, and most indigent defendants charged with lesser crimes did not have legal counsel. There was a separate facility for young offenders; however, the court was underutilized and many juvenile offenders still were tried in adult courts. Some cases continued to be sent through the traditional court system where they were processed faster due to a less significant backlog than in the regular civil court system.
There were no reports of political prisoners.

 

CORRECTIONS

Prison conditions remained harsh and life threatening. In April the Minister of Justice stated that the Government had failed to implement the U.N. standard rules for treatment of prisoners, due to massive overcrowding at prisons nationwide, which prevented the Government from housing serious offenders separately. The prisons were designed to hold 21,000 persons, but the actual prison population was estimated at more than twice that number. The Government expanded prisons, but its efforts have not kept pace with the growing number of prisoners. The Government did not release statistics on the prison expansion program or on the extent of overcrowding during the year. Some prisoners were paroled or received suspended sentences as a means of relieving overcrowding.

Prisoners were subjected to poor living conditions, and the daily amount of food allotted to prisoners was insufficient to meet their nutritional needs. Convicted prisoners were not allowed to receive food from outside sources and often were moved to different prisons without notifying their families.

Prison dispensaries offered only limited treatment, and friends and family members of prisoners generally had to provide medication or the funds with which to purchase it. Serious diseases, such as dysentery, malaria, and cholera, were common and resulted in numerous deaths. There were reports that guards abused prisoners during the year. Pretrial detainees were held with convicted prisoners but were allowed to receive food from the outside. The Prisons Act requires prisoners to be separated based on age and gender, and female prisoners were held separately from male prisoners in practice. Women sent to remand prison reported that they were forced to sleep naked and subjected to sexual abuse by wardens. Juveniles were protected under both the Prisons Act and the Young Persons Ordinance Act, which also requires separation according to age. However, there were limited resources to provide for juveniles and only two juvenile detention facilities existed in the country. As a result juveniles were not always separated from adults in practice. Local nongovernmental organizations (NGOs) were permitted to monitor prison conditions; however, the Government did not grant permission to international NGOs to monitor prison conditions. The ICRC visited prisoners on Zanzibar and Pemba as well as combatants imprisoned in the western part of the country, provided surgical supplies, financial support, and trained to the region's medical facilities, which treated war-wounded from Burundi and the Democratic Republic of the Congo (DRC). The U.N. High Commissioner for Refugees (UNHCR) monitored conditions in the small prison that held special categories of refugees. The Government permitted UNHCR visits to prisons holding refugees in Dar es Salaam.

 

WOMEN

Domestic violence against women remained widespread. Legal remedies exist in the form of assault provisions under the Criminal Code; however, in practice these provisions were difficult to enforce. The Marriage Act includes a declaration against spousal battery, but does not prohibit it nor provide for any punishment. Traditional customs that subordinate women remained strong in both urban and rural areas, and local magistrates often upheld such practices. Women may be punished by their husbands for not bearing children. It is accepted for a husband to treat his wife as he wishes, and wife beating occurred at all levels of society. Cultural, family, and social pressures prevented many women from reporting abuses to the authorities. The Tanzania Media Women's Association (TAMWA), a local NGO, reported that as many as 6 out of 10 women were beaten by their husbands. According to TAMWA, between October 2000 and September 2001, there were a total of 346 cases of domestic violence reported at the TAMWA crisis center. No updated statistics were available at year's end. Government officials frequently made public statements criticizing such abuses, but action rarely was taken against perpetrators. Police often had biases against pursuing domestic abuse cases and demanded bribes to investigate allegations.

The law provides for life imprisonment for persons convicted of rape and child molestation. Several persons were prosecuted and convicted for rape and battery under this law during the year. There were reports that members of the police raped women in Zanzibar and Pemba in the period following the 2000 elections and following the January 2001 demonstrations. Sexual and gender-based violence continued to be a problem in the refugee camps. In 2001 Norwegian People's Aid (NPA) reported 76 rape cases committed by both citizens and refugees; however, in only 5 cases were the perpetrators jailed and sentenced. Although the Government officially discouraged FGM, it still was performed at an early age by approximately 20 of the country's 130 main ethnic groups. According to a 1996 health survey conducted by the Bureau of Statistics (the most recent study), FGM affected 18 percent of the female population. There were no updated statistics available by year's end. In some ethnic groups, FGM was compulsory, and in others, a woman who had not undergone the ritual may not be able to marry. Government data showed this to be a problem that varied by region, with the most affected regions being Arusha (81 percent of women), Dodoma (68 percent), Mara (44 percent), Kilimanjaro (37 percent), Iringa (27 percent), Tanga/Singida (25 percent), and Morogoro (20 percent). FGM was almost nonexistent in the rest of the country. There was no law that specifically prohibited FGM. The country's educational curriculum did not include instruction on FGM, although the problem was covered occasionally in secondary schools. Government officials called for changes in practices that adversely affected women, and the Sexual Offenses Special Provisions Act, which prohibits cruelty against children, was used as the basis for campaigns against FGM performed on girls; however, there was no legal protection for adult women. In addition, police did not have adequate resources to protect victims. Some local government officials began to combat the practice. They convicted and imprisoned some persons who performed FGM on young girls, and there were prosecutions during the year. Seminars sponsored by various governmental organizations and NGOs were held regularly in an attempt to educate the public on the dangers of FGM and other traditional practices. These practices included the tradition of inherited wives, which critics contended contributed to the spread of HIV/AIDS, and child marriages, which are sanctioned with parental consent under the law for girls 12 years of age or older. Local authorities and NGOs believed that the incidence of FGM had declined; however, no new study of the practice had been made since 1996, when the Government reported an increasing trend. The Ministry of Health continued an educational campaign on FGM as part of its Safe Motherhood Initiative. The enforcement of policies to stop FGM remained difficult because some regional government officials were in favor of the practice or feared speaking out against it because of the power of traditional leaders.

Sex tourism, particularly in Zanzibar, remained a problem. In 2000 Parliament amended the Constitution to prohibit sexual harassment against women in the workplace by a person in authority. In 2000 several persons were arrested under the new law. Male colleagues sometimes harassed women seeking higher education, and the authorities largely ignored the practice. Although the Government advocated equal rights for women in the workplace, it did not ensure these rights in practice. In the public sector, which employed 80 percent of the salaried labor force, certain statutes restricted women's access to some jobs or hours of employment. For example, in general women may not be employed between 10 p.m. and 6 a.m., although this restriction usually was ignored in practice. While progress on women's rights was more noticeable in urban areas, strong traditional norms still divided labor along gender lines and placed women in a subordinate position. Discrimination against women was most acute in rural areas, where women were relegated to farming and raising children and had almost no opportunity for wage employment. Custom and tradition often hindered women from owning property and could override laws that provide for equal treatment. The overall situation for women was less favorable in Zanzibar. Although women generally were not discouraged from seeking employment outside the home, women there and on many parts of the mainland faced discriminatory restrictions on inheritance and ownership of property because of concessions by the Government and courts to customary and Islamic law. While provisions of the law provide for certain inheritance and property rights for women, the application of customary, Islamic, or statutory law depended on the lifestyle and stated intentions of the male head of household. The courts have upheld discriminatory inheritance claims, primarily in rural areas. Under Zanzibari law, unmarried women under the age of 21 who become pregnant were subject to 2 years' imprisonment. Several NGOs provided counseling and education programs on women's rights problems, particularly sexual harassment, sexual and gender-based violence, and molestation.

 

CHILDREN

The law provides for 7 years of compulsory education through the age of 15; however, education was not free on the mainland or in Zanzibar. Fees were charged for books, enrollment, and uniforms, with the result that some children were denied an education. In 2001 Parliament voted to provide free primary school education for all children under the age of 12. The legislation went into effect in January; however, there were inadequate numbers of schools, teachers, books, and other educational materials to meet the demand. In some cases, children were unable to attend school because poorly paid teachers demanded money to enroll them. The primary school dropout rate was between 30 and 40 percent. The literacy rate was approximately 70 percent; for girls it was 57 percent compared with 80 percent for boys. There were overall increases in the rate of girls' participation in school since 1990; however, the rate of girls' enrollment in school was lower than that of boys and generally declined with each additional year of schooling. In some districts, the attendance of girls continued to decline as the result of the need to care for younger siblings, household work, and early marriage, often at the behest of parents. Despite a law to permit pregnant girls to continue their education following maternity absences, the practice of forcing pregnant girls out of school continued. Government funding of programs for children's welfare remained low. The Government made some constructive efforts to address children's welfare, including working closely with UNICEF and other international and local organizations to improve the well-being of orphans and neglected children. A WHO program for children under 1 year of age reportedly decreased the number of severe cases of malaria in the country, and the Government cooperated with the WHO in administering this program. FGM was performed on girls, primarily in the central region.The law criminalizes child prostitution and child pornography. The minimum age for protection from sexual exploitation is 18 years. Under the law, sexual intercourse with a child under 18 years is considered rape regardless of consent; however, the law was not effective in practice because it is customary for girls as young as 14 years of age to be considered adults for the purposes of sexual intercourse and marriage. There were reports of child prostitution and other forms of trafficking in children. Unlike in the previous year, there were no reports that Burundian rebels abducted children from refugee camps in the country.

The Government prohibits children under the age of 14 from working in the formal wage sector in both urban and rural areas, and the Government enforced this prohibition; however, the provision did not apply to children working on family farms or herding domestic livestock. Child labor continued to be a problem. The ILO estimated that 3.4 million out of 12.1 million children in the country under the age of 18 worked on a regular basis, and that 1 of every 3 children in rural areas was economically active, as compared to 1 in 10 in urban areas. The minimum age for work of a contractual nature in approved occupations is set at 15 years. Children between the ages of 12 and 15 may be employed on a daily wage and on a day-to-day basis, but they must have parental permission and return to the residence of their guardian at night. The law prohibits young persons from employment in any occupation that is injurious to health and that is dangerous or otherwise unsuitable. Young persons between the ages of 12 and 15 may be employed in industrial work but only between the hours of 6 a.m. and 6 p.m., with some exceptions. The Ministry of Labor and Social Welfare and Youth Development was responsible for enforcement; however, the number of inspectors was inadequate to monitor conditions. The effectiveness of government enforcement reportedly declined further with increased privatization.

Approximately 3,000 to 5,000 children engaged in seasonal employment on sisal, tea, tobacco, and coffee plantations. Children working on plantations generally received lower wages than their adult counterparts, even if in comparable jobs. Work on sisal and tobacco plantations was particularly hazardous to children. Between 1,500 and 3,000 children worked in unregulated gemstone mines. Small children, so-called snake boys, worked in dangerous tanzanite mines where deaths were known to occur. The Mererani Good Hope Program for Youth, a member of the ILO's International Program to Eliminate Child Labor (IPEC), reported 12 deaths of snake boys under the age of 16 during the year. Girls often were employed as domestic servants, mostly in urban households and sometimes under abusive and exploitative conditions. In the informal sector, children assisted their parents in unregulated piecework manufacturing. Children were engaged in labor in the areas of mining, domestic service, fishing, commercial agriculture, and prostitution. Several government ministries, including the Ministry of Labor and Youth Development, the Bureau of Statistics, and the Department of Information Services, have special child labor units. The Government worked with NGOs to establish a specific prohibition against child labor. The Government worked with the ILO's IPEC plan of action to address the problem of child labor, and during the year implemented a program for the elimination of child labor. The Government also worked with the ILO to make significant progress toward launching the "Time Bound Program to Eliminate the Worst Forms of Child Labor." The Government began the program in September, as one of three pilot projects worldwide to collaborate with the ILO in this effort. The Constitution does not specifically prohibit forced or bonded child labor, and there continued to be reports that it occurred

 

TRAFFICKING IN PERSONS

The law does not prohibit trafficking, and there continued to be reports that children were trafficked away from their families to work in mines, commercial agriculture, and as domestic laborers. The Sexual Offenses Special Provision Act of 1998 prohibits trafficking of persons for sexual purposes. It sets punishment for procurating at 10 to 20 years of imprisonment, or a fine of $100 (100,000 shillings) to $300 (300,000 shillings). The ILO and UNICEF reported that children who left home to work as domestic laborers ("housegirls") in other towns or villages often were subjected to commercial sexual exploitation. Some girls were trafficked to Zanzibar from different parts of the mainland and Mombasa to work as prostitutes for Zanzibaris and in the tourist industry. Unlike in the previous year, there were no reports that rebels abducted children from refugee camps. The Government participated in the ILO's "Time Bound Program to Eliminate the Worst Forms of Child Labor" to help end child prostitution.

 

DRUG TRAFFICKING

Tanzania is not a major financial center. However, it continues to be a major transit point for a number of illegal drugs. As a result of drug transshipment, there has been a sharp rise in organized crime, gang warfare, and other violent crimes. This activity in turn has given rise to a myriad of cash-intensive businesses set up to launder money, including travel agencies, import-export firms, the construction of new office buildings and apartment houses, and textile mills. Money laundering is also reportedly becoming pervasive in the non-bank financial system. Money laundering is a criminal offense in Tanzania, but enforcement of the law is virtually nonexistent. The lack of complementary regulations, combined with inexperience and, very often, corruption on the part of law enforcement officials, has created an environment conducive to financial crimes in Tanzania. Tanzania is a party to the 1988 UN Drug Convention.

ACKNOWLEDGEMENTS

Internet research assisted by Joshua Daguman

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