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Dissertations / Theses on the topic 'Human rights - Tanzania'

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Published: 4 June 2021
Last updated: 17 February 2022

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1

Ruhangisa, John Eudes. "Human rights in Tanzania : the role of the judiciary." Thesis, SOAS, University of London, 1998. http://eprints.soas.ac.uk/28634/.

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This thesis examines the performance of the Tanzanian judiciary in enforcing human rights both during the colonial period and after independence. The study focuses on the period after the enshrinement of the Bill of Rights in the Constitution, in 1985. The aim of this work is to appraise both the present attitude of the judiciary and the reaction of the government to court decisions relating to human rights issues. In order to achieve this I conducted a six months field study in Tanzania during which I examined more than a hundred cases (the majority unreported) and interviewed a large number of people involved with the administration of justice. The conclusion we draw from this research is that the government's reluctance to amend its laws to bring them into conformity with the Bill of Rights, underscores the need for judicial activism in Tanzania. It is a disservice to human rights for the majority of Tanzanian judges to adopt a positivist approach which prevents meaningful developments of human rights. Paradoxically, despite this conservatism, the government's attitude towards court decisions remains distrustful. Without a change in the attitude of both the courts and the government towards human rights, the Bill of Rights in the Constitution may not serve any meaningful purpose. Thus this thesis serves to remind both the Tanzanian judiciary, and the executive, of their obligation to protect individual fundamental rights. After four chapters dealing with the administration of justice prior to the enshrinement of the Bill of Rights in the Constitution, chapters five and six examine respectively, the relevant courts decisions in criminal and civil matters. Chapter seven considers the government's response to these judicial decisions and chapter eight contains our conclusions and also makes recommendations as to the way forward.
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2

Saffari, Abdallah Jumbe. "Human rights in the criminal process with reference to Tanzania mainland." Thesis, University of Sussex, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.262337.

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3

Kisinza, Mercy-Grace Lameck. "An evaluation of the law and practice in Tanzania in realising the rights of vulnerable children in street situations." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15208.

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This dissertation examines the plight of children in street situations in Tanzania. It also examines the obligations the State owes to children in street situations, what it has done to fulfil those obligations. It analyses the effectiveness and impact of the steps and actions undertaken to fulfil the obligations towards children in street situations.
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4

Mmbando, Charles Joseph. "Toward the realistions of the right of access to justice: a comparative analysis of the legal aid schemes in Tanzania and Ghana." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8098.

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This study focuses on the right of access to justice and the factors that limit the realisation of the right. It also examines the concept of legal aid, its importance and then discusses the legal aid schemes that have been developed in Tanzania and Ghana and how they promote the right of access to justice. The author also compares the legal aid schemes of Tanzania and Ghana and how the legal aid schemes could be improved to further promote the right of access to justice
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Kwadwo Appiagyei-Atua of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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5

Sapali, James. "Analyzing the Debate of Dual Citizenship in Tanzania." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22895.

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6

Rutechura, Rweyemamu Pius. "Human rights and duties in the social teaching of the Tanzania Episcopal Conference (TEC), 1953-1995." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0011/NQ38797.pdf.

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7

Norlén, Emil. "LGBTIQ rights and inclusion in development: The final frontier in human rights? A qualitative case study of the LGBTIQ community in Tanzania." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-101926.

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The human rights of the lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) population is repeatedly violated in countries around the world. Discrimination, violence, and state-led persecution towards the LGBTIQ population takes a negative toll on development and will ultimately affect the outcome of SDG 10, reduced inequalities. In an African context, the needs of the LGBTIQ population often go unnoticed when not formally addressed and a lack of inclusion along with a discriminatory legal framework puts the LGBTIQ population at an increased risk of being left behind in the quest to achieve Agenda 2030.  Tanzania holds some of the highest punishments in the world for same-sex acts, with up to life imprisonment. This study is focused on challenges faced by the Tanzanian LGBTIQ group, perceived social inclusion, the current development of LGBTIQ rights, factors that affect this development, and how LGBTIQ rights can be improved. Through an abductive case study, this thesis draws on eighteen semi-structured interviews as its primary sources. It also employs current literature as secondary sources. To analyse the data Queer theory and a rights-based approach are employed to uncover structures that affect LGBTIQ inclusion. Findings suggest that LGBTIQ individuals are under immense societal pressure to conform to heteronormative gender roles to avoid discrimination. Further, LGBTIQ rights are found to be affected by political, cultural, religious, and generational factors. Findings also suggest that local context is important to consider in the process of making norms more favorable for LGBTIQ equality and inclusion. This thesis also highlights areas of improvement for LGBTIQ inclusion and equality in form of eradicating discriminatory laws, in line with SDG 10. As well as capacitating institutions to queer practices with a synergy of a bottom-up and top-down approach.
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8

Chambo, Janeth Apelles. "The principle of non-refoulement in the context of refugee operation in Tanzania." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1140.

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"The rights of refugees and basic human rights are inextricably linked. Today's human rights abuse is tomorrow's refugee movements. Quite often, refugees' rights are curtailed by the same states that declare them in accordance with international and domestic instruments, only because they are non-nationals. While the foundation of refugee rights is the principle that all men and women have the right to belong to a society in which they are protected by the state, the respect to the principle of non-refoulement is at the core of being a refugee. Even though the Universal Declaration of Human Rights (UDHR) proclaims rights to all, including refugees, states use international principles of sovereignty to shut their doors in front of asylum seekers. Furthermore, it is not easy to utilise international mechanisms of protection to instigate complaints against a potential host state, based on its arbitrary act to shut its doors. This is because one needs to seek remedies before authorities of the same country where she or he has been denied. In addition, international law has few precedents on the matter even assuming it was treated as an exception to the former rule. This situation puts refoulement victims in a dilemma. ... Since the first time when the wave of asylum seekers from Rwanda hit Tanzania in 1959, the flow of refugees continues. Tanzania has hosted refugees not only from its neighbouring countries, but also as far as from South Africa, Zimbabwe and Somalia. With an estimated number of 602,00 refugees population in 2004, Tanzania was among the top five refugee-hosting countries in the world. Tanzania ratified the international and regional refugee instrumetns, as well as other human rights instruments that may enhance the protection of refugees. Subsequently, Tanzania enacted appropriate legislation in order to make the refugee instruments enforceable within the national legal framework. The principle of non-refoulement is enshriend in all legal instruments of which Tanzania has an international, regional and national obligation to respect. However, in recent years a trend of sporadic incidents in which the principle of non-refoulement was not respected, has been observed. For instance, in October 2004, 68 Burundian asylum seekers were forced to return to Burundi following the orders of the local authorities. One of the most recent incidents occurred in January 2005 when the government returned two families of nine persons, despite assurances made to UNHCR that they would be granted refugee status. This research looks at the obligation of the Government of Tanzania to protect rights of asylum seekers and refugees. This is in line with the principle of non-refoulement as enshrined under international and regional instruments of which Tanzania ratified. It further explores the role of international communities in responsibility sharing (often referred to in the humanitarian community as 'burden sharing') as a way to ensure that all states respect the principle of non-refoulement. ... The first part of this research is the introduction, that is, the background to the problem, problem statement, scope of the research, hypotheses, objective of the research, literature review, research methodology, and outline of chapters. The second chapter looks at the right to non-refoulement under international, regional and national legal instruments. Chapter three deals with respect of the principle of non-refoulement in the refugee operation of Tanzania. Chapter four examines the relationship between the principle of non-refoulement and responsibility sharing with a view to reflect on the role of the international community in promoting refugee rights. The last chapter is the conclusion of the research and recommendations." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Dr. Atangcho Nji Akonumbo at the Department of Social Science and Management, Catholic University [of Central Africa] in Yaounde, Cameroon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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9

Yusuf, Camilla. "Female genital mutilation as a human rights issue : examining the law against female genital mutilation in Tanzania." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/5169.

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10

Wambali, Michael Kajela Beatus. "Democracy and human rights in Tanzania Mainland : the Bill of Rights in the context of constitutional developments and the history of institutions of governance." Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/4207/.

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This thesis is an examination of human rights and constitutional development in Tanzania Mainland. The colonial and post-colonial history is used to analyse the development of human rights struggles, as well as institutions such as the Bill of Rights in the recent development of multi-party democracy. The thesis intends to establish that in spite of global factors such as pressure for democratisation from international institutions, the achievement of the Bill of Rights in Tanzania Mainland is part of a wider rights struggle of the people of Tanzania. The effective legal and political implementation of specific rights such as the right to vote, freedom of association and assembly reflect the state of that struggle. The thesis further seeks to establish that while the government sponsored the enactment of the Bill of Rights in 1984 and the re-introduction of multi-partism in 1992, it has always preferred to exercise extreme control over the enjoyment of political rights. This has often involved curtailing the establishment and free operation of institutions of popular democracy. The thesis goes on to suggest that unless a democratic culture and civil society are restored in the country, the success of the rights struggles of the people will be far-fetched. Together with the above it is argued that the struggle for rights could be enhanced by working from what is provided as legal rights, all interested parties pushing for the expansion of the human rights field. This can only be attained if the majority of Tanzanians are made aware of the existence of such rights through legal literacy programs.
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11

Jonas, Benjamin. "Towards effective implementation of children's rights in Tanzania: lessons and opportunities from Ghana and South Africa." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1223.

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"Despite the adoption and wide ratification of the CRC and ACRWC, the miseries identified and intended to be dealt with by the two instruments are still rampant in many parts of the globe. Tanzania, as will be clearly shown in chapter three of this study, is not an exception in this regard. ... Tanzania has ratified both the CRC and ACRWC without reservations. In relation to international law, Tanzania follows a dualist approach. Despite the fact that Tanzania has ratified the two instruments to date, it does not have a specific comprehensive law on children's rights. That notwithstanding, various laws have been enacted, other amended and several programs put in place to protect children from exploitation, and safeguarding their interests. However, these measures have not yielded any feasible results since their adoption. There are still cases of discrimination in respect of girls, children born out of wedlock, non-fulfilment of the principle of best intersts of the child, socio-economic difficulties threatening children's right to life, survival and development of the child; police brutality against street children, the increasing number of children deprived of a family environment, especially AIDS orphans, and an increase in the incidence of child prostitution, early marriages, and various cultural practices which are harmful to children. This study necessitates investigation of the mechanisms which could be adopted, to assist in the successful implementation of children's rights in Tanzania. ... This study, therefore, draws inspirations from the laws and practices on children's rights in Ghana and South Africa and explores the most effective mode of implementation that can ensure the translation of the noble intentions in the two instruments into genuine effective tools for enhancing the well-being of the children in Tanzania." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Ms. Christine Dowuona-Hammond at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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12

Thor, Thorvardarson Haukur. "Stiring Up The Societal Gender Hierarchy Order : A Study in how Sexual and Reproductive Health Programs Are Challenging and Changing the Power Relationship between Young Men and Women." Thesis, Södertörn University College, School of Life Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-1279.

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The onset of modernization, globalization and urbanization has begun to challenge the gender relationship between in Tanzania. Western influence and globalization factors such as religion, donor funds and mass media have propagated ideologies that have challenged and changed old rooted traditionalist ideas and created a power – knowledge struggle between males and females and older generations. Younger people are living a different lifestyle than their elders and are demanding more individualistic freedoms and are breaking away from cultural constructions such as the extended family. The aim of this study is to evaluate the gender policy of the male-centric sexual and reproductive programs called Young Men as Equal Partners (YMEP). The aim is to criticize the premise that male involvement sexual and reproductive health programs are the single best method to implement sustainable behavioural change. The raison d’être that these male involvement take for granted is that women generally are powerless to affect the behaviour of their partners, and are unable to negotiate with their partners to have safe sex or to change their behavioural patterns. The following study is a qualitative study, which uses semi-structured interviews conducted in secondary schools in Manyara Region in Tanzania as a method of data collection. The theory used in this study is social constructivism where empirical results from conducted interviews both individual and group interviews will be evaluated in the background of social constructivism. The conclusion of this study is that it is therefore imperative for the implementation of sustainable behavioural change that sexual and reproductive health programs do not only focus on single sex exclusion strategy which create knowledge-power gender inequalities, but rather it is more effective in order to implement sustainable sexual and reproductive behaviour change to include all the members of the community, and to tailor the program strategies to individual sexual and reproductive needs rather than focusing exclusively on one gender or social group.

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13

Mziray, Cheggy Clement. "The right to peaceful assembly and demonstration in Tanzania : a comparative study with Ghana and South Africa." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1097.

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"In 2001 after the 2000 election in Zanzibar, the Civic United Front (CUF) began planning a series of peaceful demonstrations to protest alleged fraud in the October 2000 presidential elections, calling for a rerun of the elections and constitutional reforms. The CUF notified the police of their intended routes, both the government officials and police immediately responded and announced that the demonstrations were banned. Police were ordered to use all force necessary to break up the demonstrations. The Tanzanian prime minister was recorded as stating that force would be used to break up the demonstration. According to him, "government has prepared itself in every way to confront whatever occurs ... any provocation will be met with all due forces of the state". CUF demonstrations, which were widely supported, took place on 27 January 2001 and as the unarmed demonstrators walked peacefully toward the four designated meeting grounds, security forces intercepted and opened fire without warning. They attacked the civilians, [and]ordered them to disperse [under] firing and beating. ... All these events occurred in the face of the fact that the Constitution of the United Republic of Tanzania (CURT) provides for freedom of assembly. The requirement of permits has been removed and section 40 of the Police Force Ordinance and 11(1) of the Political Parties Act were declared void on grounds that the requirement for a permit to hold an assembly infringed the freedom of peaceful assembly and procession enshrined in article 20(2) of the CURT. However the government limits these rights in practice, police have authority to deny permission to hold an assembly on public safety and security grounds. The relevant provision is section 41 of the Police Force Ordinance which permits any police officer to stop the holding of any assembly. The situation has not improved for opposition parties seeking to hold assemblies because of the way the police apply section 41. Rather than invoking this provision only in extraordinary situations as required, the police, once served with a notice of a planned meeting, issued prohibition orders claiming that they had information that the meeting was likely to cause chaos, but without giving evidence. ... These restrictions on the right to freedom of assembly and the excessive use of force by police officials as depicted in the above recounted incident and others of its kind, violate numerous provisions of international legal istruments to which Tanzania is a party. The Universal Declaration of Human Rights (UDHR) guarantees for the right to freedom of peaceful assembly and association, as does the International Covenant on Civil and Political Rights (ICCPR). The African Charter limits the right to assemble subject to necessary restrictions provided by law, in particular those enacted in the interest of national security and the safety, health, ethics and the rights to freedoms of other. But the African Commission has interpreted these claw back clauses to mean that the limitations must be in accordance with international law and thus the standards developed under the ICCPR, especially, would be relevant in determining when the rights to assemble may be limited. The exercise here is to examine the nature of the Tanzanian laws on the right to peaceful assembly and demonstration in the light of police practice having regards to the nature of the right as guaranteed under international human rights instruments." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. K. Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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14

Makundi, Lilian Wilson. "Harmful cultural practices as violations of girls' human rights : female genital mutilation in Tanzania and South Africa / by L.W. Makundi." Thesis, North-West University, 2009. http://hdl.handle.net/10394/5100.

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15

Millya, James Kinyasi. "The impact of direct foreign and local investment on indigenous communities in East Africa: a case study of the Maasai of Kenya and Tanzania." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5843.

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The general objective of this study is to lay out the bases for an assessment of the impact of foreign and local investment on indigenous people in East Africa. For this purpose it will explore the current and systematic practice of violations of human rights as against the obligation of states to promote and to protect human rights and to guarantee effective remedies for victims in cases where those rights have been violated under the international human rights law jurisprudence in an African context. Reveals how State sponsored investments in Maasai traditional land, particularly creation of national parks, game reserves and game controlled areas have changed the way of life of the Maasai as a “people” aggravating their marginalization.
Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lorite Alejandro of the Department of Law, American University - Cairo Egypt.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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16

Luoga, Florens Dominic Andrew Makinyika. "Tax reform, constutionality and the human rights dimension : an analysis of the pitfalls in the Tanzanian tax reform approaches." Thesis, University of Warwick, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269110.

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17

Olivier, Michele Emily. "Die relatiwiteit van menseregte met spesifieke verwysing na Zambië en Tanzanië." Thesis, 2014. http://hdl.handle.net/10210/11002.

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18

Nassali, Ann Marie. "Non-governmental organizations, governance and human rights in Kenya, Tanzania, Uganda and South Africa : conceptual and strategic questions." Thesis, 2009. http://hdl.handle.net/2263/25530.

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Although human rights NGOs (HURINGOs) have contributed to the institutionalisation of a human rights culture, the human rights discourse mainly focuses externally on the obligations of states and, more recently, of business. Little attention is paid to how HURINGOs manage their power and privileges within their internal governance, despite NGOs' growing influence, resources, scope and diversity. This thesis offers a theoretical interpretation of the experiences, challenges, dilemmas and lessons learnt by HURINGOs in Kenya, Tanzania, Uganda and South Africa to contribute to the evolving discourse of human rights theory and practice. It adopts a multi-disciplinary approach that articulates the human rights obligations of HURINGOs and their implications for governance, arguing that the improved governance of NGOs is critical to the strengthening of the human rights movement. While upholding the dominant legal liberalism school which underlines that the state is the main human rights duty bearer and legal systems are critical to the enforcement of rights, it utilises the sociology of law discourse that conceptualises human rights as a normative principle to contain abuse of power. Drawing from the rights-based approach which is aimed at holding all actors accountable for the human rights implications of their actions, it evaluates how HURINGOs have applied the human rights principles and standards of: (i) express linkage to and mainstreaming of rights; (ii) accountability and transparency; (iii) participation and inclusion; and (iv) non¬discrimination, equity and empowerment in their governance and operations, as they demand of others. It is the mam contention of this study that HURINGOs have the obligation to empower themselves internally before they can champion the empowerment of others. This entails being knowledgeable in the area of work; forging linkages with broader civil society and academia, building on the positive cultural values that resonate with human rights to stimulate mass support and balancing the different accountabilities to the law, boards, membership, self-regulatory mechanisms, public and donors. Further HURINGO have the obligation to safeguard the autonomy of their mission; have transparent and participatory processes to enhance collective strength, legitimacy and ownership of consensus decisions; as well as promote and demand equal and equitable relationships based on mutual respect, shared responsibility and achievements while simultaneously enabling the weaker party to act on their own. Although a higher responsibility is placed on HURINGOs to respect human rights values, all NGOs irrespective of how they define themselves have to mainstream human rights in their work. This is because all NGOs exist in the public trust and work to promote human dignity and societal wellbeing. They must lead by example. Applying the human rights principles to NGOs enhances their moral legitimacy to measure up to the challenges of being a watchdog of the governance process and custodians of the better promotion and protection of human rights. Significantly, it advances the credibility of human rights to offer protection from any abuse of power.
Thesis (LLD)--University of Pretoria, 2010.
Centre for Human Rights
unrestricted
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19

Mutisya, Fidelis Katonga. "Assessment of the quality of international court libraries: a study of the African Union Court on Human and Peoples’ rights Library." Thesis, 2017. http://hdl.handle.net/10500/25527.

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Text in English
The study sought to assess the quality of library services by investigating the gaps between various service quality variables using the LibQUAL, SERVQUAL and SERVPERF models. The pragmatic paradigm formed the basis of this study while the mixed methods approach was adopted. The convergent parallel mixed methods design where both quantitative and qualitative data collection methods and data were integrated was adopted. Using the side-by-side comparison style, both sets of data were separately analysed and presented. The results were then compared to establish if they confirm or disconfirm each other. Questionnaires were administered to 94 users of the library. To calculate the level of service quality, the study measured the service adequacy gap (SAG), service superiority gap (SSG), zone of tolerance (ZoT), and D-M scores. Followup focus group discussions (FGDs) were conducted to validate, supplement and further explore the issues that arose from data collected using the questionnaires. The findings revealed a gap between the users’ expectations and perceptions of service quality and that library services were not meeting users’ expectations. The users’ expectations exceeded their perceptions since all service quality scores (SAG, SSG, ZoT and D-M scores) were either low or negative. Generally, the library performed well in the dimensions that touch on human aspects of the library but did poorly in the aspects that touch on information collections, library space and equipment. There were no significant differences between the protocols, with the overall gaps between perceptions and desires being all negative. The findings of the FGDs confirmed those of the questionnaires. The study recommended that the Court should allocate resources in a way that ensures human aspects of the library remain at high levels of service quality, while the shortcomings on aspects of information control, library space and equipment addressed. However, while addressing the physical space aspects, the library should bear in mind that users did not rate them as important for their purposes. This means that the library will need to invest in electronic content that can be accessed remotely by users. In view of the findings, the study concluded by developing a service quality framework on quality improvement and its sustenance at the library and the Court at large.
Information Science
D. Litt. et Phil. (Information Science)
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20

Wambugu, Lydia Wakarindi. "Forced migration, gender, social capital and coping strategies in Western Tanzania." Thesis, 2008. http://hdl.handle.net/10539/5310.

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