TANZANIA ASSESSMENT

Version 4

September 1999

Country Information and Policy Unit

 

 

I. SCOPE OF DOCUMENT

1.1 This assessment has been produced by the Country Information & Policy Unit, Immigration & Nationality Directorate, Home Office from information obtained from a variety of sources.

1.2 The assessment has been prepared for background purposes for those involved in the asylum determination process. The information it contains is not exhaustive, nor is it intended to catalogue all human rights violations. It concentrates on the issues most commonly raised in asylum claims made in the United Kingdom. It represents the current assessment by the Immigration & Nationality Directorate of the general socio-political and human rights situation in the country.

1.3 The assessment is sourced throughout. It is intended to be used by caseworkers as a sign-post to the source material, which has been made available to them. The vast majority of the source material is readily available in the public domain.

1.4 It is intended to revise the assessment on a 6-monthly basis while the country remains within the top 35 asylum producing countries in the United Kingdom.

1.5 The assessment will be placed on the Internet (http://www.homeoffice.gov.uk/ind/cipu1.htm). An electronic copy of the assessment has been made available to the following organisations:

Amnesty International UK

Immigration Advisory Service

Immigration Appellate Authority

Immigration Law Practitioners' Association

Joint Council for the Welfare of Immigrants

JUSTICE

Medical Foundation for the Care of Victims of Torture

Refugee Council

Refugee Legal Centre

United Nations High Commissioner for Refugees

 

CONTENTS

I SCOPE OF DOCUMENT

1.1 - 1.5

II GEOGRAPHY & ECONOMY

Geography

The Economy

2.1 - 2.5

2.1 - 2.2

2.3 - 2.5

III HISTORY

General

Zanzibar

3.1 - 3.9

3.1 - 3.8

3.9

IV INSTRUMENTS OF THE STATE

Political System

Current Political Situation

The Judiciary

Security Forces

4.1 - 4.19

4.1 - 4.4

4.5 - 4.13

4.14 - 4.16

4.17 - 4.19

V HUMAN RIGHTS SITUATION

A: HUMAN RIGHTS: INTRODUCTION

A.1 - A.2

B: HUMAN RIGHTS: GENERAL ASSESSMENT

General Assessment

Prison Conditions

B.1 - B.7

B.1 - B.6

B.7

C: HUMAN RIGHTS: SPECIFIC GROUPS

Civic United Front (CUF)

Women

Children

C.1 - C.14

C.1 - C.6

C.7 - C.10

C.11 - C.14

D: HUMAN RIGHTS: OTHER ISSUES

Freedom of Assembly

Freedom of Speech & of the Press

Freedom of Religion

Freedom to Travel

Internal Relocation (Internal Flight)

Homosexuality

Ethnicity

National Security

Foreign Relations

D.1 - D.21

D.1

D.2 - D.6

D.7 - D.11

D.12 - D.14

D.15

D.16

D.17 - D.18

D.19

D.20 -D.21

ANNEX A: Chronology

ANNEX B: Main Political Parties

ANNEX C: Prominent People Past & Present

BIBLIOGRAPHY

 

 

 

 

II. GEOGRAPHY & ECONOMY

GEOGRAPHY

2.1 The United Republic of Tanzania has an area of 945,087 sq km and comprises mainland Tanganyika and the Indian Ocean islands of Zanzibar and Pemba, which lie 40km north of Dar es Salaam, the country's largest city. The administrative capital is Dodoma. Tanzania is bordered by Uganda and Kenya to the north, by Rwanda, Burundi and the Democratic Republic of the Congo (formerly Zaire) to the west and by Zambia, Malawi and Mozambique to the south. The climate varies with altitude, ranging from tropical in Zanzibar and on the coast and plains, to semi-temperate in the highlands. Tanzania contains Africa's highest mountain, Mt Kilimanjaro, and several of its largest game reserves. [1][2]

2.2 Tanzania's population was officially estimated as 28,251,511 in 1995, 779,400 of whom lived in Zanzibar. There are approximately 120 tribes, none of which represent more than 10% of the population, the largest being the Sukuma and the Nyamwezi. The South Asian population has declined by 50% in the past decade and now numbers about 50,000. The official languages are Swahili, spoken by virtually all the tribes, and English. Arabic is widely spoken in Zanzibar. Numerous tribal languages are also spoken. About one half of the mainland population is Christian and about one third Muslim. 98-99% of Zanzibar's population is Muslim. The Asian population includes Hindus and Muslims. [1][2][165][168]

THE ECONOMY

2.3 Tanzania is one of the least urbanised and least industrialised countries in Africa and living standards remain low. In terms of GNP per head, Tanzania is among the world's poorest countries. Agriculture, including forestry and fishing, contributed an estimated 52.2% of GDP in 1996 and employed approximately 85% of the population in 1997. Although much has been achieved in education, health and other social fields since independence in 1961, the socialist policies of President Nyerere led to severe economic decline from the mid-1970s until the mid-1980s. From about 1986, a number of agreements with the IMF, the World Bank and donor countries produced a modest economic revival, but also resulted in increasing cuts in public expenditure affecting parastatals and public servants. [2][6][85][128]

2.4 Value-Added Tax (VAT) was introduced on the mainland on 1 July 1998, although the Government of Zanzibar delayed its implementation in the islands until 1 January 1999. The new tax is applied at a standard rate of 20% except for certain items that are zero-rated. Since its implementation the Government has seized 43 unscrupulous businessmen in Dar es Salaam for various offences including failure to register for VAT. Despite drought problems, economic growth in 1997 was 4.7%. The rate for 1998 is expected to exceed 3.5% and a figure as high as 6% has been suggested for 2000. Inflation continues to fall, from 22.7% in 1996 to 16.5% in 1997, a trend that looks set to be confirmed in 1998. [40][138][165]

2.5 The tourist industry, which had been rapidly expanding in Tanzania since 1993 (growing 14% annually), received a setback in the wake of the violent El-Nino rains and the bombings of the US embassies in Tanzania and Kenya in August 1998 (see also Section D.19). [99]

 

III. HISTORY

GENERAL

For history prior to 1964 refer to the Europa World Yearbook (source [1]) or Annex A: Chronology

3.1 Tanzania was formed in 1964 by the union of the former German colony of Tanganyika, which came under British control after the First World War and achieved independence in 1961, and the former British protectorate of Zanzibar, independent in 1963, following the armed overthrow of the Sultan of Zanzibar in January 1964. Under the leadership of Julius Nyerere a new constitution was introduced in 1965 that provided for a one-party state. The Tanganyika African National Union (TANU) and its counterpart on Zanzibar, the Afro-Shirazi Party (ASP), became the only official political parties. In 1967 TANU accepted a programme of socialism and self-reliance, embodied in the Arusha Declaration. However, the significant improvements in education, health and social welfare were not matched by economic advances and by the 1980s the economy had virtually collapsed. TANU and ASP merged in 1977 to form the Chama Cha Mapinduzi (CCM). [1][2]

3.2 Tanzania began to move away from the single-party socialist vision of Nyerere in the late 1980s. Nyerere retired as President in November 1985, although he remained Chairman of the CCM until 1990. Ali Hassan Mwinyi, who favoured economic reform in line with IMF requirements and a more liberal approach to government, succeeded him as President and the CCM became somewhat divided between traditionalist Nyerere supporters and pro-Mwinyi pragmatists. President Mwinyi became Chairman of the CCM after Nyerere's resignation. In December 1991 a presidential commission recommended the establishment of a multi-party political system. Constitutional amendments to this effect were ratified by a special congress of the CCM in February 1992, which stipulated that all new political organisations should command support in both Zanzibar and mainland Tanzania, and should be free of tribal, religious or racial bias, in order to protect national unity. [1][2]

3.3 Several political organisations were officially registered from mid-1992, although the Government continued to impose restrictions on opposition activities. The CCM's authority was further challenged in February 1995 when Augustine Mrema, the Minister for Home Affairs, precipitated his own dismissal from the cabinet and soon after joined the opposition National Convention for Construction and Reform (NCCR-Mageuzi). [1][2][128]

3.5 Multi-party elections were held in Zanzibar on 22 October 1995, with international observers present. According to the Zanzibar Electoral Commission (ZEC), the CCM presidential candidate, Salmin Amour, beat the Civic United Front (CUF) candidate, Seif Sharrif Hamad; the result was:

Salmin Amour

165,271

50.2%

Seif Sharrif Hamad

163,706

49.8%

Of the 50 elective seats available in the election to the Zanzibar House of Representatives, the result was:

CCM

26

CUF

24

In addition to the elective seats, five seats are reserved for regional commissioners, 10 for presidential nominations, and 10 for women. [1][2]

3.6 The international observation team found serious discrepancies in the way that the elections on Zanzibar were conducted and concluded that, given the narrow margin between the presidential candidates, the result of the presidential election declared by the ZEC might be inaccurate. Nevertheless, Salmin Amour was inaugurated and used his presidential powers to appoint CCM figures only to the extra seats in the House of Representatives, giving CCM a significant majority. In the period since the election, calls for a new election by opposition parties have been met with reprisals by the Zanzibari authorities. In response most donors halted economic aid to Zanzibar. [14][15][17][23][120][168]

3.7 Elections for the Tanzanian Presidency and Union Parliament were held on 29 October 1995, with some of them re-run on 19 November 1995 due to administrative failings; the presidency result was:

Benjamin Mkapa (CCM)

4,026,442

61.8%

Augustine Mrema (NCCR)

1,808,616

27.8%

Ibrahim Lipumba (CUF)

418,973

6.4%

John Cheyo (UDP)

258,734

4.0%

Of the 232 elective seats to the National Assembly the election results were:

Chama Cha Mapinduzi (CCM)

186

Civic United Front (CUF)

24

NCCR-Mageuzi

16

CHADEMA

3

United Democratic Party (UDP)

3

 

In addition to the elective seats there are 37 nominated seats allocated to women, five to members of the Zanzibar House of Representatives, and one to the Attorney-General. [2][14][15][24][54][90][166]

3.8 In contrast to the Zanzibari elections, international observers concluded that, despite serious organisational problems, the mainland elections had been conducted properly and that the results were fair. In elections held on 6 October 1996, the unsuccessful Presidential candidate for the NCCR-Mageuzi, Augustine Mrema was declared the winner of the Temeke by-election on 8 October 1996, beating the CCM candidate. Since winning the by-election for NCCR-Mageuzi, the party has been dogged with political in fighting and split into two factions, one led by Mrema and the other by Mabele Marando. Mrema left NCCR-Mageuzi in April 1999 to join the Tanzania Labour Party as its Chairman. [2][14][23][24][48][90][107][166][177]

 

ZANZIBAR

3.9 Zanzibar (comprising the islands of Unguja and Pemba) has a cultural and political history separate to that of the mainland. After the Act of Union with Tanganyika in April 1964 Zanzibar retained a separate administration and Constitution. Even when the CCM was the sole party, there was tension between the inhabitants of the main island, Unguja, and those of Pemba, between Zanzibar's African and Arab populations and between advocates and opponents of the Union with Tanganyika. In particular, rivalry between the Zanzibari Chief Minister Seif Sharrif Hamad and President Wakil in 1988 led to the expulsion of Hamad and his followers from the CCM, amid accusations of a coup plot. Hamad is now the de facto leader of CUF, which goes some way to explaining the bitter rivalry between that party and some elements of the CCM hierarchy on the islands. [2][8][84]

IV. INSTRUMENTS OF THE STATE

POLITICAL SYSTEM

4.1 Tanzania is a multi-party democracy. Legislative power is exercised by the Parliament of the United Republic, which is vested by the Constitution with complete sovereign power, and of which the unicameral National Assembly, the Bunge, is the legislative house. The Assembly also enacts all legislation concerning the mainland. Internal matters in Zanzibar are the exclusive jurisdiction of the Zanzibar executive, the Supreme Revolutionary Council of Zanzibar, and the Zanzibar legislature, the House of Representatives. The National Assembly comprises both directly-elected members (chosen by universal adult suffrage) and nominated members (including five members elected from the Zanzibar House of Representatives). The number of directly-elected members exceeds the number of nominated members. The National Assembly has a term of five years. [1][2][165]

4.2 The President is the Head of State, Head of the Government and Commander-in-Chief of the Armed Forces. The President has no power to legislate without recourse to Parliament. The Constitution can be amended by an act of Parliament of the United Republic, when the proposed amendment is supported by no less than two-thirds of all the members of the Assembly. [1][2]

4.3 The Political Parties Act 1992 details the electoral amendments relating to the registration of political parties, prohibits independent candidates, requires standing Members of Parliament to resign if they join another political party, requires all political parties to support the Union with Zanzibar and forbids parties based on ethnic, regional, tribal or religious affiliation. Parties that are provisionally registered may hold public meetings and recruit members. Non-registered parties are prohibited from fielding candidates. [46][124][125][128][168]

4.4 The most prominent unregistered party is the Reverend Mtikila's Democratic Party (DP), which advocates the expulsion from the mainland of minorities and the establishment of a Christian state. Mtikila successfully challenged the prohibition of independent electoral candidates in the High Court in late 1994. The Reverend Mtikila has been arrested on several occasions for various offences stemming from unlawful assembly, but including breach of the peace, sedition and using abusive language. Despite his party's lack of government recognition, Rev. Mtikila was able to publicise his views through his legally registered church and through on-going lawsuits against the Government. [2][3][9][89][92][122][123][124][128][130][168]

 

CURRENT POLITICAL SITUATION

4.5 Since his victory in the presidential elections, Benjamin Mkapa has consolidated his position within the CCM by working to replace the old guard with more liberal minded party officials. At the CCM Conference in June 1996 at Dodoma, Mkapa was elected National Chairman of the CCM. As part of a general change, five senior CCM officials, including the Secretary-General, Dr Lawrence Gama, resigned the following day, being reappointed to high Government office elsewhere. Mkapa has pressed on with measures against corruption and with economic reform, which has released more, previously frozen, aid from donor countries. In January 1996 he appointed a special presidential commission, under the chairmanship of former Prime Minister Joseph Warioba, to investigate high level corruption. On 28 June 1996 the Dar es Salaam City Council was dissolved for being corrupt and inefficient. In December 1996 the Warioba commission issued a report asserting that corruption was widespread in the public sector. Several high-ranking officials and Government Ministers have been dismissed following evidence of involvement in corrupt practices. The police in Tanzania detained a total of 100 people for corruption in 1997, recovering a total of US$4,260. The number of corruption cases in 1997 was 82, 9 less than 1996, and the police uncovered 633 cases of theft in government and parastatal organisations. [1][2][22][25][28][51][53][86][88][89][96][139][141][142][145]

4.6 While the 1995 elections on the mainland were accepted as being free and fair, those in Zanzibar were acknowledged by international observers as being unfair and inaccurate. This has resulted in Zanzibar's CCM administration acting in an increasingly authoritarian manner. During 1998 the Secretary-General of the Commonwealth, Chief Emeka Anyaoku, put forward proposals to both sides in order to resolve their political differences. [18][19][20][49[50][84][91][168]

4.7 President Mkapa made it clear that the Zanzibari elections would not be re-run and that both sides would have to compromise. Widespread violence was avoided and, on 17 August 1996, CUF was able to hold its first rally in Zanzibar since the 1995 elections, which passed off peacefully. However both sides' views remained firmly entrenched. Since August 1997 CUF has been banned from holding public rallies in the western region of Zanzibar until such time as it can ensure peace at its rallies and agree to refrain from using inflammatory language and incitement. In March 1997 Rev. Mtikila of the unregistered Democratic Party announced that he was joining CHADEMA. [2][20][57][78][79][84][89]

4.8 In September 1997, in the eastern region of Zanzibar Town, security was enhanced after a spate of acts that threatened security. Several threats to burn government buildings and vehicles were received from unidentified individuals. All allegations of human rights abuses in Zanzibar have been vehemently denied by the authorities, which blame the allegations on opposition propaganda. [2][19][20][21][56][77][89]

4.9 A new political party, Chama Cha Haki na Usitawi (CHAUSTA - Justice and Development Party), was launched on 21 May 1998 in Dar es Salaam. Its Chairman is James Mapalala, a former national chairman of CUF. [82]

4.10 Parliament suspended opposition MP Augustine Mrema (NCCR-Mageuzi) after he failed to produce evidence to substantiate his allegations that the Government was trying to kill him and CUF Vice-Chairman Seif Sharrif Hamad. He was suspended for the rest of the 12th session. Parliament allowed him to continue to work at the constituency level. Mrema applied for a temporary injunction against his suspension. He finally decided to appear before a parliamentary court to defend himself over why he should not be penalised. Mrema returned to Parliament in October 1998. In March 1999 NCCR-Mageuzi removed Mrema as party chairman for allegedly violating the party's constitution. Dr Kassim Maguto replaced Mrema as party chairman. In April 1999 Mrema left NCCR-Mageuzi to join the Tanzania Labour Party (TLP) as that party's chairman. The previous TLP Chairman Leo Herman Lwekamwa resigned his post in Mrema's favour and became TLP's Vice-Chairman. 1,200 NCCR-Mageuzi members left with Mrema to join TLP. [68][98][112][146][151][176][177]

4.11 On 10th July 1998 the Tanzanian High Court annulled the result of the 1995 election in Sengerema constituency, Mwanza region, and stripped the winner, Dr William Shija (CCM), the Minister of Commerce & Industry, of his parliamentary privileges. In his summing up, Judge Anthony Mrema said he agreed with the plaintiff, Dr Fatinatus Masha (UDP), that the election had not been free and fair. On 10 August 1998 another Minister, Hassy Kitine, resigned following widespread condemnation regarding his wife's medical treatment abroad. In October 1998 Shija recaptured his Sengerema seat in a by-election. [70][75][140]

4.12 On 17 July 1998 the Government formed a special committee to gather public opinion on constitutional reform. The Hon Justice Robert Kisanga, a judge of the Tanzanian Court of Appeal, chairs the committee. The committee has been given six months to complete the exercise. The Chairman of eight opposition parties forming the Committee for Constitutional Reform (KAMAKA) condemned the Government's white paper on constitutional reform and vowed to fight for a new constitution, after Attorney-General Andrew Chenge ruled out the possibility of drafting a new constitution. In October 1998 a number of religious bodies, women's and human rights groups formed a lobby group called the Citizens Coalition for a New Constitution, to make the public more aware of the need for constitutional reform. [42][71][111][114][160]

4.13 The next Legislative and Presidential elections for Tanzania are due to be held in the year 2000. [1][2][57][168]

 

THE JUDICIARY

4.14 The legal system is based on the British model with modifications to accommodate customary and Islamic law in civil cases. Military courts do not try civilians and there are no security courts. Defendants in civil and military courts may appeal against decisions to the High Court and the Court of Appeal. Criminal trials are open to the public and the press. Courts must give reasons on the record for holding secret proceedings. Criminal defendants have a right of appeal. The Chief Justice assigns lawyers to indigent defendants charged with serious crimes such as murder, manslaughter and armed robbery. Tanzania retains the death penalty for the most serious crimes of murder and treason; capital punishment is mandatory for crimes of murder and discretionary for treason. All judgements in which the death sentence is passed are forwarded to the President who has the prerogative to commute the sentence. Several death sentences were imposed in 1998 but there were no executions. [3][6][128][168][175]

4.15 Zanzibar's court system parallels that of the mainland, but retains Islamic courts to handle Muslim family cases. Cases concerning Zanzibari constitutional issues are heard only in Zanzibari courts. All other cases may go on appeal to the Tanzania Court of Appeal. [3][6]

4.16 Provisions that prevent their removal, except on account of misbehaviour or incapacity, when they may be dismissed at the discretion of the President, secure the independence of judges. In the past, the Government sometimes tried to pressure judges and reassign judges who made unpopular rulings but the judiciary has increasingly shown independence in the political sphere, annulling both Government and opposition election victories. However, it was heavily criticised in the Warioba report for endemic corruption. The judiciary's bureaucracy is widely criticised as inefficient and Government efforts to correct this have been slow. During 1997 several magistrates resigned after the Chief Justice was presented with credible evidence of corruption. In September 1998 a High Court judge ordered the release of a man detained on the orders of the Vice-President, Omar Juma, warning the executive against using such absolute powers without following the proper procedures. In June 1998 the Chief Justice of the Court of Appeal denied the Government's appeal against an injunction granted to the National Women's Council, thereby permitting its continued operation. [1][3][4][5][6][128][150][168]

SECURITY FORCES

4.17 The security forces are made up of the regular police force, the armed forces and a paramilitary force. The paramilitary forces comprise the Special Field Forces Unit and a reservist Citizen's Militia. The police and security forces maintain primary responsibility for law and order. Military service is on a voluntary basis. The police were previously supported by citizens' anti-crime groups and patrols called "sungusungu", but these have largely become inactive since 1995 although they are still in existence. The US Department of State Report for 1998 reports that there are incidences where police threaten, mistreat or beat criminals during and after their arrest and interrogation. The police also use the same methods to obtain information about suspects from family members. Police in Zanzibar use torture including beatings and floggings, notably on Pemba. Although government officials usually criticise these practices, the Zanzibar Government seldom prosecutes police for such abuses. Corruption is a serious problem in the police force. The Warioba Commission's report on corruption (see Section 4.5 above) found that police arrest innocent persons and file false charges against them if they refuse to pay a bribe. The US Department of State Report notes reports of such abuses during 1998. [1][2][6][103][122][128][168]

4.18 Arbitrary arrest and detention does occur. The Criminal Procedure Code requires that a person arrested for a crime, other than a national security charge under the Preventative Detention Act, should be charged before a magistrate within 24 hours. In practice, the police often fail to comply with this requirement. Because of backlogs, cases, on average, take between 2 to 3 years to come to trial. The authorities acknowledge that some cases have been pending for several years. The code provides for a right to defence counsel. Early in 1998 two police officers arrested a herdsman for not paying a bribe. He subsequently paid, and in March 1998 the officers were dismissed for accepting a bribe and for improper arrest. During 1998 the Government began to take action to punish police for abuse of their positions, but the impact of these efforts was limited. [168]

4.19 In August 1998 CUF reported the killing of four villagers in the Tabora Rural District, Shinyanga Region, allegedly by sungusungu forces, hired by the Government. CCM officials in Tabora urged that any leaders in Tabora who had lied to cover up the killings be brought to justice. [174]

 

V. HUMAN RIGHTS SITUATION

A. HUMAN RIGHTS: INTRODUCTION

A.1 The Constitution of Tanzania guarantees the fundamental human rights and freedoms of every citizen. It also prohibits torture and inhuman or degrading treatment or punishment. Where a person thinks he has been subjected to such treatment he may petition the High Court under section 30(3) of the Constitution for relief. Although there are reports of beatings of prisoners by police officers, there is no convincing evidence that the authorities condone any act of torture, inhuman or degrading treatment or punishment, all of which are proscribed by the Constitution. [3][5][6][85][128]

A.2 There is no convincing evidence of any organised, systematic persecution by the State of individuals or specific groups in Tanzania. There are a number of infringements and abuses of individuals' human and Constitutional rights by agents of the State but these are arbitrary in nature and not officially condoned. Instances of mob justice against suspected criminals claim a significant number of lives. There have been reports in which mobs have killed suspected thieves, who were stoned, lynched, beaten to death or doused with petrol and set on fire. The belief in witchcraft has led, in some instances, to the killing of alleged witches by their victims, aggrieved relatives or mobs. The Government has estimated that in the Mwanza region alone at least 50 people are killed every year by those who believe them to be witches. Government officials criticise these practices and arrests are made; however, most perpetrators elude arrest and the Government has yet to take preventative measures to stamp out these practices. [1][2][52][55][56][89][168]

 

B. HUMAN RIGHTS: GENERAL ASSESSMENT

B.1 Amnesty International has reported instances of harassment and ill treatment by the police, including the use of detention and criminal charges against journalists and opposition members. There have been isolated cases in which individual police officers or other officials have used unwarranted force in the execution of their duties. All indications are that such abuses of authority are taken seriously. Individuals are not able to act with impunity, as instanced by the detention of six policemen in Mbeya in September 1994 following the death of a suspected criminal in their custody. Following the shooting in June 1996 of Lt General Imran Kombe, the former Director of Intelligence and Security, five policemen were charged with murder and the government set up an enquiry into his death. In June 1997 police in Arusha were charged with torturing 10 women detainees, one of whom had a miscarriage. In December 1997, six detainees died in detention in Morogoro. The police provided no explanation for their deaths. [3][4][6][7][8][11][12][52][56][87][89][168][175]

B.2 In January 1998, two policemen were convicted of a 1996 killing and sentenced to death and nine other police officers were convicted in a murder case in Arusha. In June 1998 seven suspects, including a policeman, were arrested in connection with the killing of a senior Tanzanian pilot in downtown Dar es Salaam; Elizeus Rutazaha was shot dead by two bandits at about 11am as he stopped his car at traffic lights. [137][168]

B.3 There is no indication that the Tanzanian Government does not observe its international obligations. The Government co-operates with the United Nations High Commissioner for Refugees (UNHCR) and traditionally maintains a generous open border policy both with regard to neighbouring countries' refugees and to persons seeking political asylum. Following an influx of Rwandan refugees in early 1995 Tanzania closed its borders with Rwanda and Burundi. Despite this, tens of thousands of asylum seekers were able to enter Tanzania. By early 1997 virtually all Rwandans had departed. At the end of 1998 there were 6,543 Rwandans still in Tanzania. There also remain approximately 310,000 refugees mostly from Burundi and the Democratic Republic of the Congo (DRC); UNHCR and other non-governmental agencies such as the Red Cross assist them. [1][5][6][11][12][26][27][127][143][157][168]

B.4 Amnesty International has reported that thousands of refugees from Rwanda, Burundi and DRC were forcibly repatriated during 1997. On a visit to Tanzania an Amnesty International delegation met with President Mkapa and other Government officials to discuss the issue. At the conclusion of the meeting Mkapa stated that there would be no forced repatriation of Burundi refugees. Following continued unrest in DRC thousands more refugees flooded back into Tanzania during 1998. The United Nations International Criminal Tribunal for Rwanda was formally inaugurated in Arusha, Tanzania in June 1995 to investigate allegations of serious human rights violations during the 1994 Rwandan conflict. In November 1998 Amnesty International wrote to the Tanzanian Government expressing its concern about restrictive articles in the Refugee Act passed by parliament, but not ratified by the President during the year, which Amnesty International believed were consistent with international standards for refugee protection. [1][5][6][11][12][26][27][143][157][175]

B.5 Both UNHCR and Amnesty International have offices in Tanzania. For more than three years the Government has withheld the registration of non-governmental organisations (NGOs) such as Defenders of Human Rights in Tanzania and the Tanzania Human Rights Education Society. During 1997 the latter organisation was finally denied registration. The Government continued to refuse registration of the African Human Rights and Justice Protection Network on the grounds that it was politically orientated. However, Government officials have stated that international human rights groups are welcome to visit Tanzania and Amnesty International visited three times throughout 1998. There were discussions, both within the Government and among NGOs, concerning the formation of a human rights commission but there are differences on how independent such a body should be. [6][128][168]

B.6 There have been no reports of political killings or disappearances or proven state-sponsored extra-judicial killings since the introduction of multipartyism. Amnesty International has declared the 18 CUF members detained in November and December 1997, and charged with attempting to overthrow the government in Zanzibar, prisoners of conscience. (see Sections C.3 & C.6). [6][13][108][159]

 

PRISON CONDITIONS

B.7 Prison conditions are harsh. Government officials acknowledge that prisons are overcrowded and living conditions are poor with inadequate nutrition, medical care and sanitation. In April 1998 the Government distributed an emergency ration of 3,000 tons of food to overcrowded prisons. Earlier, the Commissioner of Prisons stated that his department received inadequate funds for medicine and medical supplies. There is currently no outside monitoring of prison conditions but Government officials have indicated that they would welcome visits by international human rights groups, including visits to prisons. Prisons are authorised to hold 21,000 prisoners but the prison population is estimated at 47,000. The Government is expanding prisons but its efforts have not kept pace with the growing numbers of prisoners. Some prisoners are released on parole or receive suspended sentences as a means of relieving overcrowding. Diseases such as dysentery, malaria and cholera are common and result in many deaths. Pre-trial detainees are held together with those serving sentences but are allowed to receive food from outside. Amnesty International reported the deaths of 47 prisoners during the first half of 1998 at Mbeya prison in western Tanzania, which deaths it attributed to cruel, inhuman and degrading treatment. [3][5][6][67][156][168][175]

 

C. HUMAN RIGHTS: SPECIFIC GROUPS

CIVIC UNITED FRONT (CUF)

C.1 On 31 January 1993 a local policeman shot and killed a member of the Civic United Front (CUF) and injured another during a confrontation on the island of Pemba. The policeman was eventually charged with murder without intent and freed on bail. The case remained outstanding at the end of 1998. CUF leaders have complained that the President and Attorney General of Zanzibar have blocked the police officer's prosecution. In September 1995, two people were killed on separate occasions during clashes between CCM and NCCR-Mageuzi supporters; nobody was arrested or charged. [3][4][6][55][92][168]

C.2 Since the CCM victory in October 1995 the Zanzibari authorities have become increasingly hard-line against members of CUF. There are reports that CUF members and suspected supporters are arrested, detained, harassed and intimidated by CCM youths and by the Police and Field Force Unit on both Unguja and Pemba islands. As a result, many Pembans returned to Pemba (where CUF is in the majority) from Unguja and many other CUF supporters left the islands for the mainland. In March 1996 the CUF leadership fled to the mainland having allegedly uncovered a plot to assassinate them, but returned to the islands a week later when the plot had received press coverage. In April 1996 an explosion occurred at the Mtoni Transformer on Unguja which led to 63 arrests (according to Zanzibar CCM) or 600 arrests (according to CUF). Charges were brought against some 23 people but none have been brought to trial. A number of those concerned were granted bail. Despite orders from the Union Government's Inspector General of Police, officers in Zanzibar continued their harassment of CUF members. It is clear that, while the Union exists, political parties and individuals have the right to address grievances through the mainland courts, where the Zanzibari CCM has little influence. In January 1999 the deputy director for defence and security of CUF, Othman Makame Abdallah, was arrested by police at his home. Other CUF officials feared he would become the 19th CUF member accused of treason (see also Section C.3).

[19][20][21][61][77][100][101][102][109][118][119][121][168]

C.3 CUF members have been able to move to the mainland to avoid harassment and there is no harassment of CUF supporters on the mainland. In February 1996 the Zanzibari Government banned demonstrations by CUF in southern Pemba. However, CUF was able to hold campaign rallies for the Mkunazini by-election held on 1 December 1997. Several CUF officials were arrested on the eve of the by-election, which was won by CUF. A rally was also held in Zanzibar Town on 7 December 1997 during which the winning CUF candidate spoke out about police harassment concerning the arrests. Several more CUF officials, members and supporters were arrested after the election and a total of 18 were charged with treason for having attempted to overthrow the government. In a statement to the Guardian newspaper in Tanzania, the Secretary-General of CUF, Shaaban Mloo, declared that CUF would not engage in direct confrontation with CCM in Zanzibar, so as to avoid bloodshed in the islands.

[4][5][6][11][16][31][32][33][35][60][62][77][80][86][87][94][95][100][101][155]

C.4 On 9 August 1998 CUF said, in an official statement, that it had agreed to go back to parliament and participate in the business of the House of Representatives, thus ending its previous boycott. The party also agreed to recognise Dr Salmin Amour as the rightful President of Zanzibar. The return of CUF should mean that the ruling CCM would no longer have the two thirds majority required to amend the Zanzibar Constitution, thus effectively barring Salmin Amour from seeking a third term in the general election in the year 2000. A CCM statement expressed relief that CUF had accepted the 1995 election results. [43][44][76][83][97][116][133][149][158][159]

C.5 On 9 June 1999 a reconciliation pact, brokered in May 1999 by Commonwealth Secretary-General Emeka Anyaoku, was signed by CCM and CUF to settle the four-year political deadlock in Zanzibar. The principal terms of the pact are reform of the Zanzibar Electoral Commission to ensure that elections due in 2000 are transparent and credible, a review of the constitutional and electoral laws, equal access to the media for all parties and compensation for property destroyed during the political crisis. CUF members will resume their seats in Zanzibar's House of Representatives and two new members of the House will be appointed from CUF. An inter-party committee comprising CCM and CUF representatives will be formed to facilitate the implementation of the agreement. CUF's Said Sharrif Hamad said the agreement was an example to other countries to resolve their conflicts peacefully. At a rally on 12 June 1999 Hamad announced that CUF had ended its boycott of Zanzibar's parliament and said that peace and security had returned to Zanzibar. In a sign of the new political climate in Zanzibar, the CUF rally was covered on local television and radio. [179][180][181][182]

C.6 The trial of the 18 CUF members for treason is continuing. Diplomatic observers have been in court to follow the case. Officers conducting the treason investigation questioned Seif Sharrif Hamad for one hour on 9 July 1998. Amnesty International had feared that he would be arrested along with the other 18 CUF members. During 1998 the Government prosecutors repeatedly postponed the hearing. In January 1999 the Zanzibar High Court dismissed an appeal by four of the detainees concerning illegal arrest and denial of bail. On 25 February 1999 the treason charges against the 18 were finally read. The case was, however, adjourned for one week to allow the prosecution more time to study the evidence in the case file. On 3 March 1999 the trial resumed and the prosecution alleged that CUF had planned to recruit retired soldiers for a coup attempt to overthrow the Union and Zanzibari Governments. The trial of the 18 CUF members continues, despite the signing of the reconciliation pact between CCM and CUF in Zanzibar in June 1999 (see Section C.5). [12][13][37][38][41][81][97][115][131][132][134][135][152][168]

 

WOMEN

C.7 As a part of the Commonwealth, Tanzania is a party to the 1991 Ottawa Declaration on Women and Structural Adjustment and the 1991 Harare Commonwealth Declaration, which emphasise the equal rights of women. Tanzania is also a signatory to the UN Convention on the Elimination of All Forms of Discrimination against Women. Tanzania has a Ministry of Community Development, Women's Affairs and Children, in both the national government and in Zanzibar. There are no restrictions in law on the participation of women in politics and government. Eight of the 232 elected Members of Parliament for the Union are women and another thirty-seven women, from the CCM and opposition parties, have been appointed to parliament, in seats reserved for women. Women currently occupy three of the 23 cabinet posts. The President has set a goal that women should constitute 30% of parliamentarians elected in 2000. [1][5][127][168]

C.8 Violence against women remains. Legal remedies exist, in the form of assault provisions under the criminal code, but in practice are difficult to obtain. The Marriage Act of 1971 makes a declaration against spousal battery but does not prohibit it or provide for its punishment. The Ministry of Home Affairs noted that an average of 10,000 cases of wife beating is reported annually. Traditional customs that subordinate women remain in both urban and rural areas; however, progress on women's rights has been more noticeable in urban areas. Several NGOs have been formed in the last few years to address concerns of families, the disabled, women and children, and during 1997 new NGOs were formed which emphasised gender and environmental problems. They provide counselling and education programmes on women's rights issues, particularly sexual harassment and molestation. In September 1996 the Ministry of Home Affairs suspended the registration of the National Women's Council as it was allegedly engaged in political activity against its charter. The organisation was de-registered in 1997. In June 1998 the organisation was reinstated following a Court of Appeal ruling (see Section 4.16). The Government has called on the organisation to rewrite its Constitution to prevent it from involvement in political activity. Formation of the 'Baraza la Wanawake wa Tanzania', or 'Bawata', an inter-party women's organisation, is expected to exert pressure on the current reviews by the Land Commission and Law Reform Commission in order to benefit women's rights. In November 1998 the Law Reform Commission recommended the formation of a compensation fund for victims of sexual and domestic violence. [5][6][46][128][161][168]

C.9 Cases of sexual harassment against women fell sharply in Zanzibar in 1997. The Minister for Women and Children's Affairs, Asha Bakari, told the House of Representatives that only 10 cases had been reported in the islands during 1997 compared to 31 cases the year before. The Minister attributed the decline to the education program launched by the Government and NGOs against sexual harassment. [136]

C.10 Female genital mutilation (FGM) is officially discouraged by the authorities but is still performed at an early age by approximately 20 of the country's 130 main ethnic groups, affecting about 18% of the population. In some groups FGM is compulsory, and in others, women who have not undergone the ritual may not be able to marry. Some local government officials have taken action against the practice and in 1996 five people were convicted and imprisoned for assault for mutilating young girls between the ages of 1 and 3 years. In April 1998 the Justice and Constitutional Affairs Minister, Bakari Mapacho, said that a new bill on rape crimes would aim at strengthening existing laws and would also propose that the circumcision of women and girls be considered a crime. The new legislation, the Sexual Offences Special Provisions Act, was introduced in July 1998 (see Section C.13). Seminars are regularly held, sponsored by both Government and NGOs, in order to educate the public on the dangers of FGM and other traditional practices. These practices include the tradition of inherited wives, which critics claim contributes to the spread of HIV/AIDS. [6][64][110][162]

 

CHILDREN

C.11 Government funding of programmes for children's welfare remains small. The Government has made some constructive effort to address children's welfare, including working closely with the UN Children's Fund and other international and local organisations to improve the well-being of orphans and neglected children. While juvenile courts have theoretically existed since 1964, no separate facilities existed for young offenders until 1997, when a separate juvenile court facility was opened. However, the court is under-utilised and many juvenile offenders are still tried in adult courts. In September 1998 a magistrate ordered prosecutors to stop the prosecution of juveniles in adult courts. The law provides for 7 years of compulsory schooling. The primary school dropout rate is between 30% and 40%. In the past, girls who became pregnant were expelled from school. In 1996 officials put into effect procedures to permit pregnant girls to continue their education following their maternity absences. [6][168]

C.12 The law prohibits children under 12 from working in the formal wage sector in both urban and rural areas and the Government enforces this prohibition. However, this provision does not apply to children working on family farms or herding domestic livestock. Children between the ages of 12 and 15 may be employed on a daily wage and on a day-to-day basis, between the hours of 6am and 6pm only, but they must have prior parental permission and return to their homes at night. Child prostitution is a problem. [6][168]

C.13 Rapists and child abusers face tougher sentences under the Sexual Offences Special Provisions Act introduced in July 1998. A 36 year old education student at the University of Dar es Salaam was the first person to be punished under the new legislation when he was sentenced to life imprisonment for abusing his own son. [110][147][162]

C.14 In August 1999 the Government banned the employment of children under 16 years old in the mining industry. Also in August 1999, the Minister of Labour and Youth, Paul Kimiti, criticised the use of child labour in the flower industry. [171][172]

 

D. HUMAN RIGHTS: OTHER ISSUES

FREEDOM OF ASSEMBLY

D.1 The Constitution provides for the freedom of peaceful assembly and association. Until October 1994 permits were required from District Commissioners for any public meeting, except political rallies during official campaign periods. Sometimes permits were issued too late to publicise rallies or restricted times or locations and occasionally requests for permits were denied. However, in October 1994 a High Court judge determined that permits were no longer needed for public meetings. Parliament amended this in December 1994, requiring registered political parties to obtain approval for political rallies from the Police, who were authorised to deny permission on public safety or security grounds or if the permit seeker belonged to an unregistered organisation or party. In Zanzibar, officials continued to require permits, arguing that the mainland High Court ruling did not apply to Zanzibar. Opposition complaints that the Police abuse their authority to veto rallies by imposing long periods when they consider it to be a security risk, are currently being challenged by them in the courts. The Zanzibari Government did occasionally allow CUF meetings during 1998. In November 1998, the Dar es Salaam Police Commissioner banned a demonstration organised by the opposition NCCR-Mageuzi to march to State House to oppose muzzling of opposition parties; NCCR-Mageuzi held the demonstration in defiance. Police broke up an NCCR-Mageuzi demonstration in April 1999, held to protest against the Government's ban on NCCR-Mageuzi holding its general conference. 165 people were arrested and 11 injured. [1][5][8][10][11][31][34][63][117][168][177]

FREEDOM OF SPEECH & OF THE PRESS

D.2 Freedom of speech and of the press is provided for in the Constitution. Political activists openly criticise the Government and ruling party in public fora, including parliament. Persons using abusive language against the country's leadership may be arrested. The Government has occasionally used this provision; an opposition leader in Zanzibar was sentenced in April 1998 to six months imprisonment for insulting the Zanzibari President. In March 1999 the Deputy Secretary-General of the National Reconstruction Alliance in Zanzibar, Rashid Ahmed Rashid, was interrogated by police for three days following remarks he made at a public rally in which he warned of a bloodbath in Zanzibar if the Union Government attempted to replace the separate administrations of the mainland and Zanzibar with a single government. [5][58][88][168][178]

D.3 National radio is government-controlled and non-governmental access to it is restricted. However, licences have been granted to privately-owned local radio stations and are currently being granted to independent companies to broadcast in major towns around the country on both television and radio. Opposition access to the government-owned radio station, which had been limited to a single weekly programme before the election campaign, improved during the 2 month period before the elections, and political news was reported in a more balanced manner. On 19 September 1995 the four presidential candidates participated in a public debate on an equal footing, which was broadcast over government-owned radio and private television. In June 1998 the Government issued clarification on how programmes broadcast by Radio Tanzania may be utilised by all political parties in the country. In Zanzibar, radio and television are controlled by the government and are biased in favour of the CCM, although residents of Zanzibar can receive mainland television. The terms of the reconciliation pact signed in Zanzibar on 9 June 1999 between CCM and CUF provide for equal access to the media for all political parties. [3][4][5][47][69][179][180]

D.4 The press in Tanzania is, on the whole, lively and outspoken. There are over 50 privately- owned newspapers and periodicals, some of which are owned or influenced by political parties, both CCM and opposition. The editor and two publishers of the private Swahili daily 'Majira' were charged with sedition in February 1995 for an article over the purchase of radar equipment. The case has not yet been heard and the newspaper continued to publish similar articles. Majira was banned in Zanzibar in January 1996 for its articles on the post-election situation there and this ban is still in force. In June 1998 the Government banned three newspapers under Section 25 of the Newspaper Act No 3 of 1976 for continuing to publish abusive cartoons and other slanders without considering their impact on children and others. In October 1998 the ban on one of the newspapers, Chombeza, was lifted but re-imposed in December 1998 when the paper again published allegedly lewd material. In August 1998 The African's sister newspaper 'Mtanzania' was banned by Zanzibar's President Amour for what he described as misinformation regarding political developments in Zanzibar. [4][5][6][11][66][93][102][121][122][148][168]

D.5 On 10 December 1997 a Zanzibari court awarded the Zanzibar Electoral Commission Chairman, Zubier Juma Mzee, libel damages of 120 million shillings ($195,000) arising from a defamation suit against Majira and a CUF politician. The editor and publisher of the bi-weekly 'Shaba' were briefly detained in May and July 1995 for publishing letters from anonymous army and police officers criticising the Government. They were detained again in November 1995 for publishing articles critical of the government's handling of the elections in 'Rafiki' newspaper and the paper was banned. No newspapers are currently banned on the mainland. Government attempts to curb the critical independent press, both through revocation of licences and proposed legislation, have attracted harsh criticism and have been unsuccessful. In March 1997 a journalist was sentenced to one year in prison for possessing a supposedly secret document, which was in fact a personal letter. The arrest and conviction were widely publicised and a court later overturned the conviction. In May 1998 a prominent Tanzanian judge, Mark Bomani, advised the Government to stop intimidating journalists with threats of punitive action on stories they find objectionable, saying well-founded criticism of Government policies should be encouraged. [4][5][6][11][36][9][93][121][154]

D.6 Following the reconciliation pact signed on 9 June 1999 in Zanzibar between CCM and CUF, local television and radio reported a CUF rally held on 12 June 1999. This was seen as a sign of the new political climate in Zanzibar as coverage of the opposition had been ignored there for years. [182]

 

FREEDOM OF RELIGION

D.7 The mainland population comprises approximately 45% Christians, 35% Muslims and 20% indigenous beliefs, as well as Hindu, Baha'i and Greek Orthodox communities. Zanzibar is almost exclusively Muslim (98-99%). [1][2][165]

D.8 Freedom of religion is provided for in the Constitution and is respected in practice. Missionaries are allowed to enter the country freely to proselytise and Tanzanians are free to go abroad for pilgrimages and other religious purposes. Since 1988 the Government has permitted Jehovah's Witnesses, who were banned in Tanzania for many years, to hold services, to register as an organisation and to proselytise. The law prohibits preaching if it incites persons against other religions. A few leaders in the Christian and Muslim communities appear to be fomenting religious tension between their groups. [3][4][5][6][168]

D.9 The Muslim community claims to be disadvantaged in terms of its representation in the civil service and government and in State-owned business, in part because past administrations have failed to recognise the credentials of traditional Muslim schools. This has resulted in resentment by Muslims of the perceived advantages enjoyed by Christians. Christians in turn have been critical of what they perceive as undue favouritism accorded to Muslims in appointments, jobs and scholarships by former President Mwinyi, himself a Muslim. Despite these perceptions, there does not appear to be any serious widespread problem of religious discrimination in access to employment or educational opportunities. [3][4][5][6][168]

D.10 Rioting took place outside the Mwembechai mosque in Dar es Salaam in February 1998 and late March 1998 following the arrest of a Muslim leader who was charged with preaching in violation of a law prohibiting incitement against other religions. Rioters burned government vehicles, looted shops and ransacked CCM offices. Three people were reported killed, shot by police, and 5 seriously injured during the February 1998 riot. Over 50 people were arrested and the mosque was closed down. Further arrests followed a second round of rioting in March 1998. The rioting, incited by Muslim fundamentalists, arose after police banned a gathering by 16 Muslim women, previously arrested after the February riots. The women concerned were acquitted of all charges in the earlier case and had demanded an apology from the Government over their treatment in custody. Police used tear gas to restore order and announced later that they were still searching for the Secretary of the Committee for Muslims Rights in connection with the riots. The Vice-President called for Muslims to avoid conflict with other religions. The mosque re-opened over a week later. By May 1998 all those held in connection with both riots were released without charge. Twenty-three MPs demanded parliamentary discussion of police brutality in connection with the incident but the Speaker of the National Assembly denied the request stating that it was an internal police matter. Muslims called for the Government to create an independent commission to investigate the riots. [63][65][113][164][168][175]

D.11 Following the riots, the Government charged that some religious leaders were inciting adherents to violence. The Prime Minister said that the Government would further restrict persons and organisations that were involved. The Minister of Home Affairs subsequently sent 22 religious organisations a letter demanding that they show cause why they should not be de-registered and expelled from the country. The Ministry is in the process of assessing the responses. [168]

 

FREEDOM TO TRAVEL

D.12 Short-term domestic travel is not restricted, and there are no entry controls whatsoever for Zanzibar-born Tanzanians onto the mainland. Zanzibaris may travel to live and work freely on the mainland, subject to the same laws that apply to mainlanders, and there is no requirement for mainlanders to show identification to travel to Zanzibar. Mainlanders are allowed to work in the islands but not allowed to own land there. Zanzibaris own property, work and run businesses on the mainland. The "Kazi Nguvu" laws, which date back to the colonial period, and the Human Resources Development Act 1983 were intended to prevent migration to the cities from agricultural areas, and to support the 'Ujamaa' (community) policies of Nyerere to resist urbanisation. They stipulate that persons who are unemployed must return to their home region. These laws are however practically never used, with the exception of removing professional beggars from city streets. Tanzanian citizens can return to Tanzania without difficulty. [5][6][101][103][107][168]

D.13 Citizens who leave Tanzania without seeing an Immigration Officer commit an offence under Section 22(2) of the Immigration Regulations 1972. A new East African passport will be issued in 1999 for citizens of Tanzania, Kenya and Uganda. All citizens of the three countries will qualify for the passports, which will allow them to travel freely around the region, settle and do business for six months without the requirement for an entry visa. Each country will receive an initial allocation of 100,000 passports. [5][104][105][106][169]

D.14 The Zanzibar Government announced in June 1999 that it did not intend to take legal action against Zanzibaris who had travelled to the United Kingdom to claim asylum, basing such claims on alleged human rights violations in Zanzibar. [170]

 

INTERNAL RELOCATION (INTERNAL FLIGHT)

D.15 There are no restrictions on freedom of movement to the mainland from Zanzibar. There is therefore no reason why persons who allegedly experience problems in Zanzibar cannot easily travel to the mainland where they would receive the protection of their national, Union, authorities. [80][101][103][108][109]

 

HOMOSEXUALITY

D.16 Homosexuality is illegal in Tanzania. Homosexual acts between men are an offence under Sections 154 to 157 of the Penal Code, with a maximum penalty of fourteen years imprisonment. However prosecution occurs very rarely. [106][126]

 

ETHNICITY

D.17 The Constitution prohibits discrimination based on nationality, tribe, origin, political affiliation, colour, religion, or lifestyle. Discrimination based on sex, age, or disability is not specifically prohibited by law but is publicly discouraged in official statements. Tanzania is a party to the 1979 Lusaka Declaration on Racism and Racial Prejudice. [5]

D.18 There are around 120 different tribes in Tanzania, the largest of which are the Sukuma and the Nyamwezi. The Asian community has declined over the years by 50% to about 50,000, as a result of considerable antipathy by many African Tanzanians. There are, however, no laws or official policies that discriminate against the Asian community. [2][5][6]

 

NATIONAL SECURITY

D.19 On 7 August 1998 terrorists bombed the US Embassy in Dar es Salaam, killing 11 people and injuring more than 85 others. Investigations into the bombing were continuing at the end of 1998. [73][74][163][167][168]

FOREIGN RELATIONS

D.20 In March 1996 President Mkapa signed a protocol with the leaders of Kenya and Uganda which established the Secretariat of the Permanent Tripartite Commission for East African Co-operation. This was generally regarded as the first stage in the revival of the East African Community (EAC), dissolved in 1977 when relations between the three countries became strained. In June 1998 the three countries all presented their budgets to their respective parliaments on the same afternoon in a show of unity to symbolise the new EAC movement. There is currently free movement of people across the borders of the three countries. [1][39][144]

D.21 After the military coup in Burundi in July 1996 relations between Tanzania and Burundi steadily deteriorated, with Burundi alleging that Tanzania is supporting Hutu rebels based in refugee camps, an allegation strongly refuted by Tanzania. Several clashes have since occurred along the border between the two countries and in July 1998 the common border was closed. Tanzania agreed to reopen the Burundian embassy in Dar es Salaam. President Mkapa met with the Burundian Minister of Foreign Affairs and promised to clear the embassy building currently being occupied by rebels. In August 1999 Tanzania reiterated that it does not support or train Burundian rebel groups. [1][11][29][30][59][72][129][173]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX A

 

CHRONOLOGY

 

1652 - Arabs from Oman invade Zanzibar

1840 - Sultan of Oman transfers his capital to Zanzibar

1885 - Tanganyika declared a German Protectorate

1890 - Zanzibar & Pemba islands become a British Protectorate

1905/6 - Maji Maji rebellion against German rule finally suppressed in South; resultant famine kills between 75,000 - 300,000

1920 - Tanganyika placed under League of Nations Mandate with United Kingdom as the administrating power

1929 - Formation of the Tanganyika African Association (TAA)

1946 - Tanganyika becomes a United Nations Trust Territory, still under British administration

1954 - Julius Nyerere, President of TAA, converts TAA into Tanganyika African National Union (TANU)

9/1958 - 2/1959 - First General Elections; TANU sweeps to victory

5/1960 - Tanganyika achieves internal self-government

9.12.1961 - Tanganyika gains full independence

12/1962 - Tanganyika becomes a Republic; Julius Nyerere becomes first President

12/1963 - Zanzibar becomes an independent Sultanate

1/1964 - Armed uprising in Zanzibar - Sultan overthrown; Zanzibar declared a Republic and Afro-Shirazi Party (ASP) takes power; Abeid Karume becomes Zanzibar's first African leader

4/1964 - Nyerere signs Act of Union with Government of Zanzibar; Zanzibar retains a separate administration; any opposition in Zanzibar ruthlessly suppressed

10/1964 - Union of Tanganyika & Zanzibar re-named United Republic of Tanzania

7/1965 - New Constitution provides for one-party state

9/1965 - Nyerere returned to power in first one-party elections

Early 1967 - TANU accepts programme of socialism & self-reliance known as "Arusha Declaration"; the age of 'Ujamaa' (community) is born

1967/1971 - On Zanzibar, Karume survives two assassination attempts

4/1972 - Karume assassinated; successor Aboud Jumbe reorganises Zanzibar Government; power of ASP extended

1973 - International relations with Burundi and Idi Amin's Uganda deteriorate

6/1975 - Fundamental principles of socialism incorporated into the Constitution

1977 - Collapse of East African Community (EAC) of Tanzania, Kenya & Uganda

2/1977 - TANU & ASP merge to form Chama Cha Mapinduzi (CCM) with Nyerere as Chairman and Jumbe as Vice-Chairman

Late 1978 - Relations with Uganda worsen; fighting on border during 10/1978

1/1979 - Tanzania-based invasion force enters Uganda, leading to overthrow of Ugandan dictator Idi Amin

10/1979 - Zanzibar adopts separate Constitution

2/1982 - Hi-jacking of Air Tanzania flight to United Kingdom

1/1983 - Coup plot uncovered; 20 soldiers & 9 civilians detained

Early 1984 - Political crisis in Zanzibar amidst growing dissatisfaction with the Union; Jumbe & 3 Ministers resign

4/1984 - Ali Hassan Mwinyi elected President of Zanzibar; Mwinyi supports Union and sweeping changes made to Zanzibar Supreme Revolutionary Council

1/1985 - More liberal Constitution adopted in Zanzibar

11/1985 - Nyerere retires and is succeeded by Mwinyi who brings in fundamental changes in economic policy, viewed as a retreat from socialist policies

12/1985 - 9 people receive life imprisonment for their part in the 1983 coup plot (all those convicted receive Presidential pardons in October 1995)

1/1988 - Zanzibar Chief Minister, Seif Sharrif Hamad, dismissed along with 5 others

Late 1988 - Value to Zanzibar of Union increasingly called into question; two dissident movements - Movement for Democratic Alternative (MDA) and smaller religious-based group on Pemba, Bismillah Party - become active even before multipartyism

5/1989 - Hamad arrested for allegedly being in possession of secret Government documents and attending illegal meetings on Pemba

12/1989 - 4,000 troops sent to Zanzibar in response to reports of a coup

Early 1990 - Two opposition parties, Tanzania Democratic Forum - led by Oscar Kambona, and Tanzania Youth Democratic Movement (TYDM) - led by Moussa Membar, one of the 1982 hi-jackers, formed in United Kingdom

10/1990 - Dr Salmin Amour elected President of Zanzibar

2/1991 - An independent forum - led by Abdullah Fundikira - attempts to steer national opinion towards multi-party democratic system

3/1991 - President Mwinyi establishes Presidential Commission to look into electoral reforms

12/1991 - Commission publishes recommendation for establishment of plural political system

2/1992 - Constitutional amendments ratified to make way for multipartyism

1992 - Opposition party on Zanzibar, Kamati Ya Maguezi Huru (Kamahuru) merges with mainland Chama Cha Wanachi to form Civic United Front (CUF)

Mid 1992 - Several political organisations officially register but restrictions on opposition activities remain

7/1992 - 4 members of Democratic Party (DP), including leader Reverend Christopher Mtikila, are arrested and sentenced to 4 months imprisonment for holding illegal meeting

9/1992 - Mtikila and the others have their sentences quashed in High Court

12/1992 - Zanzibar Government arranges for islands to join Organisation of Islamic Conference (OIC), an infringement of the 1964 Articles of the Union

1/1993 - Anti-Asian rhetoric of leader of the unregistered DP, Rev. Mtikila, provokes number of attacks on Asians and their businesses in Dar es Salaam; Mtikila detained for sedition; person killed on Pemba during opposition demonstration

2/1993 - Parliamentary Commission rules Zanzibar action regarding OIC membership unconstitutional

4/1993 - First multi-party by-election won by CCM; young Muslim radicals attack pork butcheries in Dar es Salaam; violent clashes between Islamic fundamentalists and security forces

8/1993 - Zanzibar withdraws from membership of OIC

10/1993 - Failed coup in Burundi prompts waves of refugees to enter Tanzania

2/1994 - High Court rules, in favour of opposition party CHADEMA, that CCM won 3rd by-election of multi-party era unfairly

4/1994 - Civil war in Rwanda results in mass influx of refugees to Tanzania

11/1994 - Foreign donors suspend aid in protest at official connivance in widespread tax evasion

2/1995 - Former CCM Home Minister Augustine Mrema defects to National Convention for Construction and Reform (NCCR-Mageuzi)

3/1995 - Further influx of refugees from Burundi and Rwanda; Tanzania closes border with Burundi

10/1995 - Multi-party Legislative and Presidential elections take place concurrently on both the mainland & Zanzibar; on Zanzibar the result gives CCM 26 seats and CUF 24; CUF refuses to accept results alleging ballot rigging; CUF delegates boycott House of Representatives; Salmin Amour (CCM) becomes President of Zanzibar; on mainland CCM win 186 out of 232 seats in the National Assembly (CUF wins 24, NCCR-Mageuzi 16, CHADEMA 3 & UDP 3)

11/1995 - Benjamin Mkapa (CCM) wins presidential election with 61.8% of vote

Early 1996 - Nyerere mediates peace talks with Burundi

1996 - Foreign donors suspend aid to Zanzibar in protest at alleged human rights abuses

2/1996 - Zanzibar authorities ban CUF demonstrations in south Pemba

3/1996 - East African Community re-established

6/96 - Mkapa elected CCM Chairman

30.6.1996 - Former Director of Intelligence & Security, Lt General Imran Kombe, shot dead after police mistake him for notorious car thief; five officers charged with murder

7/1996 - Economic sanctions imposed on Burundi in protest at overthrow of democratically elected government; relations with Burundi steadily worsen amid allegations that Tanzania supporting Burundi rebels in refugee camps near border

8/1996 - Government establishes Commission of Enquiry, chaired by former Prime Minister Joseph Warioba, to investigate corruption; allegedly corrupt Dar es Salaam City Council disbanded

9/1996 - Minister of Finance Simon Mbilinyi resigns amid allegations of corrupt practices by parliamentary select committee investigating bribery allegations

10/1996 - Former Presidential candidate Augustine Mrema wins by-election in Dar es Salaam

12/1996 - Warioba report on corruption published

1997 - Relations with Burundi worsen; several clashes on border

1/1997 - Mainland CUF recognises legitimacy of Amour's government on Zanzibar

3/1997 - Rev Mtikila joins CHADEMA; Tanzanian asks for international assistance to cope with remaining refugees after food shortages owing to drought

13.3.1997 - Former CCM Secretary General Horace Kolimba dies following intense questioning by CCM Central Committee about his criticism of party ideology

4/1997 - Economic sanctions against Burundi, on certain humanitarian goods, lifted

6/1997 - Police in Arusha charged with torturing 10 women, one of whom had a miscarriage

20.6.1997 - High Court cancels planned opposition party congress, amid fear of disturbances by opposing factions in NCCR-Mageuzi

30.7.1997 - Mkapa sacks officials for corruption in Mtwara region

1.8.1997 - Government investigates opposition groups said to be planning disorder; groups believed to be organised by opposition party leader

11.8.1997 - Government to investigate "abduction" of Zanzibar MP, Swaleh Mbaruk

13.8.1997 - CUF banned from holding public rallies in western Zanzibar

Late 8/1997 - Tensions begin to arise with Burundi; peace talks cancelled as Burundi Government refuses to participate

9.9.1997 - 500 refugees return to DRC (former Zaire)

10.9.1997 - Security tightened in Zanzibar after threats to burn government property

25.9.1997 - Splits emerge in NCCR-Mageuzi

10.11.1997 - President Mkapa opens CCM party congress; Mkapa announces dismissal of 1500 civil servants and employees of parastatals for corruption

12.11.1997 - Tanzanian troops deployed at border with Burundi as tensions rise

14.11.1997 - Mkapa re-elected CCM Chairman

15.11.1997 - Tanzania Union of Journalists launched; given 6 months to register

29.11.1997 - Six senior CUF members arrested on eve of Mkunazini by-election after CUF's final campaign rally

12/1997 - Six detainees die in detention in Morogoro

01.12.1997 - CUF wins Mkunazini by-election

03.12.1997 - Police arrest CUF Deputy Secretary-General

07.12.1997 - CUF holds rally in Zanzibar Town; Juma Haji, winner of by-election, speaks out against police harassment

09.12.1997 - Police detain more CUF officials including Seif Sharrif Hamad's personal assistant

10.12.1997 - Non-resident workers in Tanzania to be issued with ID cards alongside national ID cards to be introduced as Registration & Identification of Persons Act 1996 becomes effective; Mkapa pledges to fight corruption; Zanzibar court awards damages to ZEC Chairman in libel suit

20.12.1997 - 11,406 refugees voluntarily repatriated to DRC

22.12.1997 - 14 CUF members charged with treason; case to go to High Court

1/1998 - Two policemen convicted of a 1996 killing and sentenced to death; nine others convicted of murder in Arusha

10.01.1998 - Mkapa calls on Zanzibar Government and opposition to start dialogue

12.01.1998 - Zanzibar President states no political disagreement in Zanzibar but an external plot to destabilise the country

13.01.1998 - Commonwealth Secretary-General warns of prevailing political crisis in Zanzibar

22.01.1998 - Zanzibar denies reports by a Dar es Salaam journalist that it intends to secede from the Union

03.02.1998 - Three CUF MPs arrested on Zanzibar and charged with threatening to cause trouble

07.02.1998 - Members of CUF suspended from Zanzibar House of Representatives for 20 days after failing to attend House sessions for two consecutive days

2-3/1998 - Rioting outside mosque in Dar es Salaam - vehicles burned and shops looted; 3 killed and 5 seriously injured, over 50 arrests; two policemen dismissed for taking a bribe and improper arrest

4/1998 - Government distributes emergency food rations to overcrowded prisons; an opposition leader in Zanzibar sentenced to six months imprisonment for insulting Zanzibar's President

5/1998 - A prominent judge advises Government to stop intimidating journalists; James Mapalala launches new political party CHAUSTA (Justice & Development Party)

6/1998 - Government bans three newspapers for publishing abusive cartoons; Government issues clarification on how Radio Tanzania programmes may be utilised by all political parties; seven suspects including a policeman arrested in connection with killing of a senior pilot; Parliament suspends opposition MP Augustine Mrema for making allegations that Government was trying to kill him; Chief Justice of Court of Appeal denies Government's appeal against injunction granted to National Women's council, thereby permitting its continued operation

7/1998 - VAT introduced on mainland; High Court annuls result of 1995 Sengerema constituency election, stripping William Shija of his seat; Government forms special committee to gather public opinion on constitutional reform - opposition reform group called KAMAKA condemns the move; Seif Sharrif Hamad questioned in connection with treason investigation of 18 CUF suspects; Sexual Offences Special Provisions Act comes into force; border between Tanzania and Burundi closes

7.8.1998 - Terrorist bomb explodes at US Embassy in Dar es Salaam, minutes after similar explosion in Nairobi - 10 people killed and 70 injured; arrests made in aftermath; explosion linked to Saudi dissident Osama Bin Laden

8/1998 - CUF announces in official statement the end of its boycott of Parliament and recognises Salmin Amour as President of Zanzibar; 'Mtanzania' newspaper banned by Amour on Zanzibar; Minister Hassy Kitine resigns amid allegations of corruption

20/8/1998 - US launches air strike against Bin Laden's camp in Afghanistan and alleged chemical weapons factory in Sudan in retaliation for embassy bombings

10/1998 - William Shija regains Sengerema constituency in by-election; Augustine Mrema returns to parliament; lobby group formed from members of religious, women's and human rights groups to make public more aware of the case for constitutional reform; one of three newspapers banned in June 1998, Chombeza, has its ban lifted

11/1998 - Prosecution in trial of 18 members of CUF for treason given 60 days to complete their investigation; Law Reform Commission recommends formation of compensation fund for victims of sexual and domestic violence; Police ban demonstration by NCCR-Mageuzi

12/1998 - Government re-imposes ban on Chombeza newspaper after it continues to publish allegedly lewd material

1/1999 - Police arrest CUF's deputy director for defence and security, Othman Abdallah. CUF's Secretary-General announces that CUF will not engage in direct confrontation with CCM; High Court rejects appeal by four of the 18 CUF detainees concerning illegal arrest and denial of bail

25.2.1999 - Charges finally read against the 18 CUF detainees in Zanzibar

3.3.1999 - Trial of 18 CUF detainees resumes

25.4.1999 - Augustine Mrema leaves NCCR-Mageuzi to join TLP as its Chairman

9.6.1999 - CCM and CUF sign Commonwealth-brokered reconciliation pact in Zanzibar, ending 4-year political deadlock; CUF ends boycott of Zanzibar parliament; 2 new CUF appointees to Zanzibar parliament; pact aims to ensure elections in 2000 are transparent and credible

8/1999 - Use of child labour in mining industry banned; killings by sungusungu 'traditional guards' reported in Tabora district

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX B

 

MAIN POLITICAL PARTIES

 

Bismillah Party - based on Pemba, seeks referendum on terms of Zanzibar's union with mainland

Chama Cha Demokrasia na Maendeleo (CHADEMA - Party for Democracy & Progress) -

Chair: Edwin Mtei

Sec. General: Bob Nyanga Makani

Chama Cha Haki na Usitawi (CHAUSTA - Justice & Development Party) - founded 5/1998 by former national chairman of CUF -

Chairman: James Mapalala

Chama Cha Mapinduzi (CCM - Revolutionary Party of Tanzania) - founded 1977 by merger of mainland TANU with Zanzibari ASP, sole legal party 1977-92, current ruling party -

Chair: Benjamin Mkapa (President of Tanzania)

Sec. General: Philip Mangula

Civic United Front (CUF) - founded 1992 by merger of Zanzibari opposition party Kamahuru with mainland-based Chma Cha Wananchi, strong support in Zanzibar -

Leaders: Seif Sharrif Hamad, Professor Ibrahim Haruna Lipumba

Democratic Party (DP) [unregistered] -

Leader: Rev Christopher Mtikila

Movement for Democratic Alternative (MDA) - Zanzibar-based, seeks to review terms of Zanzibar's union with mainland

National Convention for Construction & Reform (NCCR-Mageuzi) - founded 1992 -

Chairman: Dr Kassim Haidari Maguto

Sec. General: Mahinja Bagenda

(Former Chairman Augustine Mrema was suspended from his post 3/1999 and left NCCR-Mageuzi 4/1999 to join TLP as its Chairman)

National League for Democracy (NLD) -

Chair: Emmanuel Makaidi

Sec. General: Michael Mhina

National Reconstruction Alliance (NRA) -

Chair: Ulotu Abubakar Ulotu

Sec. General: Salim Matinga

Popular National Party (PONA) -

Chair: Wilfrem Mwakitwange

Sec. General: Nicolaus Mchaina

Tanzania Democratic Alliance Party (TADEA) -

Pres: Flora Kamoona

Sec. General: John Lifa-Chipaka

Tanzania Labour Party (TLP) -

Chairman: Augustine Mrema (former Chairman of NCCR-Mageuzi)

Vice-Chairman: Leo Herman Lwekamwa

Tanzanian People's Party (TPP) -

Chair: Alec Che-Mponda

Sec. General: Gravel Limo

Union for Multi-Party Democracy of Tanzania (UMD) -

Chair: Chief Abdalla Said Fundikira

United Democratic Party (UDP) -

Leader: John Momose Cheyo

United People's Democratic Party (UPDP) - Zanzibar-based

Chair: Khalfani Ali Abdullah

Sec. General: Ahmed Rashid

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX C

 

PROMINENT PEOPLE PAST & PRESENT

 

Dr "Mwalimu" Julius Nyerere - President of Tanzania 1962 - 1985

Ali Hassan Mwinyi - President of Tanzania 1985 - 1995

Benjamin William Mkapa - Current President of Tanzania, from 1995

Dr Salmin Amour - Current President of Zanzibar, from 1995

Seif Sharrif Hamad - Ex-CCM Chief Minister of Zanzibar and leader of CUF

Augustine Mrema - Ex-CCM Minister and Chairman, MP for one faction of NCCR-Mageuzi

Rev. Christopher Mtikila - Leader of unregistered Democratic Party, outspoken critic of CCM Government

Omar Ali Juma - Current Vice President of Tanzania, from 1995

Frederick Sumaye - Current Prime Minister of Tanzania

Mohammed Gharib Bilali - Current Chief Minister of Zanzibar

Pius Msekwa - Speaker of the National Assembly

Pandu Amir Kilificho - Speaker of the Zanzibar House of Representatives

Francis Nyalai - Chief Justice of Tanzania

Hamid Mahmoud Hamid - Chief Justice of Zanzibar

Barnabas Samatta - "Jayi Kiongozi" (Head of the High Court)

Andrew Chenga - Attorney General

Klilwa Massaba - Director of Public Prosecutions

Joseph Warioba - Former Prime Minister under Mwinyi's Government, now a judge

Rashidi Kawawa - Former Premier and Vice President

Sheikh Abeid Karume - First Vice President of United Republic 1962, assassinated 1972

Aboud Jumbe - Vice President and successor to Karume

Idris Abdul Wakil - Former President of Zanzibar

Sheikh Yahya Hussein - Leader of 'Balutka' Islamic Movement

Edward Moringe Sokoine - Ex-Prime Minister, died in an accident 1984

Moussa Membar - One of the 1982 hi-jackers and former leader of TYDM, detained on return to Tanzania 1990 and died shortly after his release in 1991

George Liundi - Registrar of Political Parties

Charles Makongoro Nyerere - 5th son of Julius Nyerere, NCCR-Mageuzi MP for Arusha

Gertrude Mongela - Sec. General of 1995 Beijing UN World Women's Conference

Daniel Yona - CCM Finance Minister

Horace Kolimba - Former CCM Sec. General, died 3/1997

John Malecela - Former Prime Minister of Tanzania

Cleopha Msuya - Former Prime Minister of Tanzania

Mabere Marando - Former leader and then Sec. General of NCCR, civil rights lawyer, leader of one faction of NCCR-Mageuzi that split from Mrema's faction

Salim Salim - Organisation of African Unity (OAU) Sec. General

Oscar Kambona - Former Foreign Minister and founder of TANU with Julius Nyerere, in exile in United Kingdom from 1967, returned to Tanzania 1992, formed Tanzanian Democratic Alliance whilst in exile in UK

Pius M Lugangira - Suspected leader of 1984 coup attempt, escaped from prison

Pascal Shija - Senior Editor of the Express Newspaper

Edwin Mtei - Leader of CHADEMA

Professor Ibrahim Haruna Lipumba - CUF presidential candidate 1995

Fatma Maghimbi - CUF MP, Leader of the Opposition in National Assembly

Abdulrahman Mohammed Babu (1924-1996) - Politician, writer, commentator, activist and Professor of International Relations, prisoner of conscience 1972-1978

Lt General Imran Kombe - Former Director of Intelligence & Security, shot dead by police 30.6.1996 when allegedly mistaken for notorious car thief

James Mapalala - Former National Chairman of CUF, Chairman of CHAUSTA since 5/1998

 

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