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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED NATIONS
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CRC |
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Convention on the Rights of the Child |
Distr. GENERAL CRC/C/70/Add.26 24 August 2005 Original : ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Second periodic reports of States parties due in 2004
UNITED REPUBLIC OF TANZANIA* **
______________________________
* For the initial report submitted
by the Government of the United Republic of Tanzania, see CRC/C/8/Add.14/Rev.1;
for its consideration
by the Committee, see documents CRC/C/SR.713, 714 and 721
and CRC/C/15/Add.156.
** This document has not been edited before
being submitted for translation.
GE.05-43723 (EXT)
CONTENTS
Paragraphs Page
Foreword
................. 3
Abbreviations and acronyms 4
Introduction
.... 1 – 16 9
I. GENERAL MEASURES OF IMPLEMENTATION 17 -
87 12
II. DEFINITION OF A CHILD 88 - 95 23
III. GENERAL
PRINCIPLES RELATING TO THE RIGHTS
OF THE CHILD 96 -
118 24
IV. CIVIL RIGHTS AND FREEDOMS 119 - 132 28
V. FAMILY
ENVIRONMENT AND ALTERNATIVE
CARE ...... 133 - 144 30
VI. BASIC
HEALTH AND WELFARE 145 - 208 33
VII. EDUCATION, SPORTS, LEISURE AND
CULTURAL
ACTIVITIES 209 - 246 46
VIII. SPECIAL PROTECTION
MEASURES 247 293 53
IX. CONCLUSION 294 61
List of
legislation on children’s issues . 62
Foreword
The process of preparing the country second periodic report on the
implementation of the Convention on the Rights of the Child (1998
– 2003)
has taken into account inputs from a wide range of key stakeholders through
workshops and consultative meetings. Stakeholders
include Government
Ministries, Non-Governmental Organizations (NGOs) and notably children through
their schools. Tanzania Movement
for and with Children (TMC), Junior Council of
the United Republic of Tanzania and institutions dealing with children in need
of
special protection.
The Ministry of Community Development Gender and
Children (MCDGC) and the Ministry of Youth, Employment, Women and Children
Development
(MYEWD) in Zanzibar which have been coordinating the preparation
process wish to acknowledge the support of NGOs and Development
Partners who in
one way or another have contributed to the completion of this report. Special
thanks goes to Ministry of Justice
and Constitutional Affairs, Ministry of Home
Affairs specifically departments of Prison and Refugees, Prime Minister’s
Office
and Vice President’s office. Others are Ministry of Agriculture
and Food Security, Ministry of Labour Youth Development and
Sports, Ministry of
Water and Livestock Development, the Office of the Administrator General and
Ministries of the Revolutionary
Government of Zanzibar. The Ministry also
acknowledges the contribution of the following International Organizations and
NGOs.
The United Nations Children’s Fund (UNICEF), International Labour
Organization (ILO) and NGOs namely National Network of Organizations
Working
with children (NNOC), Kuleana, Kiota Women’s Health and Development
Organization (KIWOHEDE) Youth Cultural and Information Centre (YCIC), Zanzibar
Association of
Organizations working with Children (ZACA) and Amani Early
Childhood, Care and Development.
The MCDGC and MYEWCD wish to express
sincere appreciation to UNICEF for financial and technical assistance provided
for the preparation
process.
Abbreviations and acronyms
ACRWC African Charter on the Rights and Welfare of the
Child
AFFC Africa Fit for Children
ANC Antenatal
Clinic
BCC Basic Certificate Course in Community
Development
BFHI Baby Friendly Hospital Initiative
BMI Body
Mass Index
CBMIS Community Based Management Information
System
CBRP Community Based Rehabilitation Programme
CDP Child
Development Policy
CDTI Community Development Training
Institute
CECAFA Council for East and Central African Football
Associations
CEDAW Convention on the Elimination of All forms of
Discrimination
Against Women
CFS Child Friendly School
CHRGG Commission for
Human Rights and Good Governance
COBET Complementary Basic Education in
Tanzania
CRC Convention on the Rights of the
Child
CSEC Commercial Sexual Exploitation of
Children
CSPD Child Survival, Protection and
Development
CTP Children’s Theatre Project
DAC Day of
the African Child
DANIDA Danish International Development
Agency
DAWASA Dar es Salaam Water Supply Authority
DMT District
Management Teams
DSS District Surveillance System
ECED Early
Childhood Education and Development
EPI Expanded Programme on
Immunisation
ERP Economic Recovery Programme
ESDP Education
Sector Development Programme
ESR Education for Self
Reliance
FAWE Forum for African Women
Educationalists
FGM Female Genital Mutilation
GDP Gross
Domestic Product
GENPROM Gender Promotion
GER Gross Enrolment
Rate
GMP Growth Monitoring Project
GoT Government of
Tanzania
HBS Household Budget Survey
HIPC Highly Indebted Poor
Countries
IDB Islamic Development Bank
IDD Iodine Deficiency
Disorders
ILFS Integrated Labour Force
Survey
ILO International Labour Organisation
IMCI Integrated
Management of Childhood Illness
IMR Infant Mortality
Rate
IPEC International Programme for the Elimination of Child
Labour
IWD International Women’s Day
KCMC Kilimanjaro
Christian Medical Centre
Kiota A Swahili word meaning
Kuleana A Tanzania NGO dealing with children’s
rights
LBW Low Birth Weight
LDC Least Developed
Countries
LRC Law Reform Commission
MCDGC Ministry of Community
Development, Gender and Children (URT)
MCH Maternal Child
Health
MEES Moral Ethics and Environmental
Studies
MDG Millennium Development Goals
MYEWCD Ministry of
Youth Employment, Women and Children
Development
(Zanzibar)
MLYDS Ministry of Labour, Youth Development
and Sports (URT)
MOEC Ministry of Education and Culture
(URT)
MOH Ministry of Health (URT)
MOHSW Ministry of Health and
Social Welfare (Zanzibar)
MOI Mohimbili Orthopaedic
Institute
MTAA Lowest level of local government in urban areas
in Tanzania Mainland
MTCT Mother To Child
Transmission
MVC Most Vunerable Children
NACP National Aids
Control Programme
Nane Nane Day National Farmers’
Day
NCRC National Child Rights Committee
NER Net Enrolment
Rate
NGO Non-Governmental Organisation
NISCC National
Inter-Sectoral Coordination Committee
NPA National Plan of
Action
PEDP Primary Education Development Programme
PEM Protein
Energy Malnutrition
PER Public Expenditure
Review
PHAST Participatory Hygiene and Sanitation
Transformation
PMS Poverty Monitoring System
PMTCTP Prevention
of Mother to Child Transmission Programme
PRS Poverty Reduction
Strategy
PSI Population Services
International
RCHS Reproductive and Child Health
Services
SADC Southern Africa Development
Community
SAP Structural Adjustment
Programme
Shehia Lowest level of local government in Zanzibar
SOSPA Special Offences (Special Provisions) Act,
1998
TACAIDS Tanzania Commission on AIDS
TAMWA Tanzania Media
Women’s Association
TAS Tanzania Assistance
Strategy
TAWLA Tanzania Women Lawyers’
Association
TBP-EWFCL Time-Bound Programme on the Elimination of the
Worst Forms of Child Labour
TCDC Training Centre for Development
Cooperation
TFNC Tanzania Food and Nutrition
Centre
TGNP Tanzania Gender Networking Programme
TMC Tanzania
Movement for and with Children
TOT Training of
Trainers
TRCHS Tanzania Reproductive and Child Health
Survey
TRCS Tanzania Red Cross Society
TSED Tanzania
Socio-Economic Database
TTC Teachers’ Training
College
U5MR Under Five-Mortality Rate
UNDP United Nations
Development Programme
UNFPA United Nations Fund for Population
Activities
UNGASS United Nations General Assembly Special Session on
Children
UNHCR United Nations High Commission for
Refugees
UNICEF United Nations Children’s
Fund
UPE Universal Primary Education
URT United Republic of
Tanzania
VAD Vitamin “A” Deficiency
VCCT Voluntary
Confidential Counsel and Testing for HIV
WFFC World Fit for
Children
WHO World Health Organization
ZAC Zanzibar AIDS
Commission
ZACA Zanzibar Association for Child
Advancement
ZAD Zanzibar Association of the
Disabled
ZANAB Zanzibar National Association for the
Blind
ZAMPH Zanzibar Association of Parents of Children with a Mental
Handicap
ZAUC Zanzibar AIDS Unit Control
ZAYADESA Zanzibar
Youth Advancement for Development, Education, Sanitation
ZEMAP Zanzibar
Education Master Plan
ZFA Zanzibar Football
Association
ZYF Zanzibar Youth Forum
Introduction
Background Information
1. Tanzania submitted its revised initial report on the implementation of CRC in 1998, which was adopted by the United Nations Committee on the Rights of the Child in October 1999. The report was discussed by the Committee in the presence of delegates from the Government of the United Republic of Tanzania (URT) in June 2001. The Committee adopted the report along with concluding observations in respect to the revised initial report of Tanzania.
2. This 2nd periodic CRC report (1998-2003) of the Government of the United Republic of Tanzania (GoT) is prepared in conformity with the CRC General Guidelines for periodic reports. It focuses on the changes made since the last report of 1998 and is based on the comments by the Committee on the Rights of the Child. As reflected in the report, the recommendations made by the Committee have either been implemented or are in the process of being implemented.
4. The report pays particular attention to the problem of HIV and AIDS, with a special focus on its implications for children and young people particularly children in need of special protection.
Socio-economic situation in Tanzania
6. Tanzania has four climatic
seasons. The heavy and long rainy season which ranges between 900mm and 1000mm
starts in March and
ends in June, then comes the cool autumn period which is a
period of short and windy rains. This period starts in June and ends in
August.
From September to December there are short rains that ranges between 400mm and
500mm and followed by sunny period from January
to March. Temperatures range
between 20 degrees Celsius and 40 degrees Celsius.
8. Despite the registered level of economic growth, there has been no corresponding reduction in poverty. The average income per capita grew by about 10 % from US $ 240.2 in 1997 to USD 264.1 in 2001, against the target of US$ 570 in 2001. The ultimate target of Vision 2025 is a capita income to reach US$ 3420 by 2025.
9. Due to enormous external debt servicing requirements, Tanzania has been granted debt relief through the enhanced Highly Indebted Poor Countries (HIPC) initiative. The debt policy has enabled the Government through HIPC, to allocate funds to pro-poor sectors. These are education, health, agriculture, rural roads and water. The Multilateral Debt Relief Fund has been an important mechanism for safeguarding expenditures on social services. In addition, bilateral aid agencies continue to contribute towards extension of this fund.
10. Over the past 5 years, Tanzania’s macroeconomic performance has overall, continued to improve as shown in table 1.
Table 1
Trends in selected macro-economic indicators
Indicators |
1997 |
1998 |
1999 |
2000 |
2001 |
2002 |
Indicators |
|
|
|
|
|
|
Real GDP growth (%) |
3.3 |
4.0 |
4.7 |
4.9 |
5.6 |
6.2 |
Inflation annual average (%) |
16.1 |
12.9 |
7.8 |
6.0 |
5.2 |
4.5 |
Merchandise Exports (Mil. USD) |
752.6 |
588.5 |
543.3 |
663.3 |
776.4 |
877.0 |
Export/Import ratio (Goods) |
65.6 |
42.6 |
39.7 |
49.6 |
52.0 |
58.7 |
Source: Poverty and Human Development Report, 2002.
11. Following granting of debt relief by the end of April 2002, the total debt stock declined by 3.6 % compared with the stock registered at the end of June 2001. Macro-economic stability has received special attention, and markets for resources and products have been gradually liberalized while addressing institutional capacity constraints for managing the required changes.
12. These results have produced macro-economic gains. The aggregate economy has grown and macro-economic stability has been achieved. However, results from the 2000/01 Household Budget Survey (HBS) have shown that income poverty has hardly changed for the vast majority of the Tanzanian households in the ten years since 1991/92. Non-income poverty levels are still high and for many indicators there are no signs of decline. For example, infant and under-five mortality that had declined in earlier decades and levelled off in the mid – 1980s seems to have been reversed in 1990s. The rapid spread of HIV and AIDS is likely to be one of the major causes. However, a few indicators of non-income poverty have responded quickly to the abolition of Universal Primary Education (UPE) fee. More than the household income poverty being largely a rural phenomenon both income and non-income poverty vary significantly between urban and rural areas, and among the regions of the country.
Poverty profile
13. Results of the Household Budget Survey (HBS) of 2000/01, which was carried out as part of the Poverty Monitoring System, show that 18.7 % of Tanzanians live below the food poverty line and 35.7 % live below the basic need poverty line. However, the comparison between urban (particularly Dar es Salaam) and rural areas reveals significant differences for both food and basic needs poverty. Poverty levels are highest in rural areas followed by urban areas except Dar es Salaam as shown in table 2.
Table 2
Poverty head count ratios for food and basic needs poverty lines,
year 2000/01
|
Food (%) |
Basic Needs (%) |
Dar es Salaam |
7.5 |
17.6 |
Other Urban |
13.2 |
25.8 |
Rural |
20.4 |
38.7 |
Total |
18.7 |
35.7 |
Source: Household Budget Survey 2000/01
14. The HBS also reveals that inequality between urban and rural development in Tanzania is growing. The description of trends point clearly to growing differences in poverty status between the inhabitants of Dar es Salaam and other urban areas and in rural areas, with Dar es Salaam making the most progress in poverty reduction, and the rural areas the least. But even with the various strata, inequality is increasing slightly as shown by the “Gin coefficient.” Table 3 below compares the ‘Gin coefficient’ for all three strata in the 1991/02 and 2000/01 HBS.
Table 3
Poverty status in Dar es salaam
|
1991/92 |
2000/1 |
Dar es Salaam |
0.30 |
0.36 |
Other Urban |
0.35 |
0.36 |
Rural |
0.33 |
0.36 |
Total |
0.34 |
0.37 |
Source: Poverty and Human Development Report 2001/2002.
The people
15. The population census is the main source of population data in the country. Since independence in 1961 and the union between Zanzibar and Tanganyika in April 1964, Tanzania conducted population census three times, in 1967, 1978 and 2002. Other sources of population data include the 1973 National Demographic Survey, the 1991/92 and 1996 Demographic and Health Surveys, and the 1999 Reproductive and Child Health Survey. Over the period 1967 to 2002 the population of Tanzania has grown from 12.3 to 34.4 million people, that is, it has almost tripled. The inter-census population growth rate for 1967, 1978 and 2002 was 3.2, 2.8 and 2.9 % respectively. The population growth rate in Zanzibar is 3 % per annum. According to the population and Housing Census of the year 2002 Tanzania Mainland has total current population of 33,584,607 million of whom 49 % are men and 51 % are women. Zanzibar has a total population of 984,625 of whom 502,006 are women and 482,619 are men. The population of Women is over 50 % of the population in the URT. The summary of socio-demographic indicators for Tanzania is as follows:
Table 4
Summary of socio-demographic
indicators
Indicators
|
Tanzania mainland
|
Zanzibar
|
Population
|
33,584,607
|
984,625
|
Population Growth Rate
|
2.9
|
3.1% per annum
|
Urban population (percentage)
|
24.2
|
33.4
|
Rural population (percentage)
|
75.8
|
66.6
|
Female male ratio
|
100:96
|
105:95
|
Infant mortality rate per 1000
|
104
|
90
|
Under five mortality rate per 10,000
|
165
|
114
|
Maternal mortality rate per 100,000
|
525
|
377
|
Life expectancy
|
48 years
|
48 years
|
Per capital income
|
US$ 265.3 (2002)
|
US $ 250 (2002)
|
16. The census results have indicated that about two thirds of the population is concentrated over a quarter of the land area. The population distribution by region ranges from 12 to 1,793 persons per square kilometre. About 77 % of Tanzanians live in rural areas, where the majority of the people are poor, although the urban population has been growing rapidly mainly due to rural–urban migration.
I. GENERAL MEASURES OF IMPLEMENTATION
17. Since 1998, Tanzania has taken the following measures with view to harmonise national policies, laws and practices with the provisions of the Convention on the Rights of the Child (Arts. 4, 42 and 44, paragraph 6 of the convention)
Political commitment to enhance the condition of children and women
18. In June 2001, the Government of the United Republic of
Tanzania (URT) ratified ILO Convention No. 182 on the Elimination of the
Worst
Forms of Child Labour. In March 2003 the Government also ratified the African
Charter on the Rights and Welfare of the Child
and two Optional Protocols to the
CRC, which are “Optional Protocol on the Involvement of Children in Armed
Conflicts”,
and “Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography”, respectively.
19. The Child Development Policy of 1996 has been revised and is awaiting approval of the Cabinet. The revision has been necessitated by the desire to address emerging issues. These include child participation in all issues concerning their lives; effects of the HIV/AIDS pandemic; protection of children from worst forms of child labour; non-discrimination of children; and the protection of most vulnerable children.
20. A National Policy on HIV/AIDS was adopted in November 2001 with the objective of providing a framework for leadership and co-ordination of the national multi-sectoral response to the HIV/AIDS epidemic.
21. In February 2003 a National Multi-Sectoral Strategic Framework on HIV/AIDS for
2003 – 2007 was initiated and is being implemented by various sectors and institutions.
22. The Health Policy of 1990 was revised in 2002 with a focus on people at risk, and to encourage Health Centres to be more responsive to HIV/AIDS. Antenatal and under five children health services are provided at no fee.
23. A National Refugee Policy was inaugurated in September 2003. The policy provides, among other things, good condition of refugee children.
24. The National Water Policy of 1991 was revised in July 2002 to provide reforms in the water sector aiming at promoting a sense of community ownership of water schemes.
25. A National Food Security Policy is being formulated to take care of vulnerable groups affected by food insecurity particularly children under the age of 5 years.
26. The Women in Development Policy of 1992 was revised in 2000
and designated as ‘Women and Gender Development Policy’
to
accommodate gender concerns and to promote responsibilities of both parents in
the care and development of children.
27. The Government of Zanzibar
inaugurated a Policy for Child Survival, Protection and Development (CSPD) in
October 2001. The Policy
provides a broad framework for the protection of
Children’s’ Rights including child participation in matters of
concern
to children.
28. Government of Zanzibar also adopted a
Women’s Development policy in 2001, which has been drawn with particular
emphasis
on gender strategies. The Policy is directly linked to CSPD
Policy.
29. In the year 2000, the Government of Zanzibar approved the
Health Policy. This policy incorporates important issues on children
such as
Basic Health and Welfare Services, HIV/AIDS and immunization.
30. The
Government of Zanzibar is also in the process of developing other child related
policies such as Water and Sanitation Policy,
HIV/AIDS policy, Youth Policy,
Early Childhood and Policy for Vocational Training.
31. The Zanzibar
Education Policy is under review to ensure among other things, that improving
access to quality education in Zanzibar
remains a major priority.
32. The
Policy on People with Disability has been approved by the House of
Representatives in Zanzibar in 2003.
Legal framework and harmonization of legislation with the Convention
33. The Government is in the process of drafting a single piece of legislation related to children, which would, inter alia, provide a uniform definition of the term “child” and protect children from abuse, neglect and other violations of their rights.
34. The Land Act and the Village Land Act, enacted in 1999 have granted access and acquisition of land titles to all categories of citizens and notably women. This is a fundamental development on account of its implications for children of widowed or divorced women.
35. The Government has enacted the Employment and Labour Relations Act of 2004, which protects children from the worst forms of child labour. While the Refugee Act of 1998, provides rights of refugee children.
36. Government is also reviewing the Laws of Inheritance and Succession and the Law of Marriage Act No.5 of 1971 with a view of incorporating the best interests of the child.
37. Tanzania has a Births and Deaths Registration Ordinance of
1920 which provides for the compulsory registration of all children.
38. Recently, the Births and Deaths Registration Decree of Zanzibar was
amended to make registration of children immediately after
birth mandatory.
Following the amendment, fine for late registration has been increased from
Tanzania shillings 10,000/= (approximately
USD 10) to Tanzania shillings
25,000/= (approximately USD 25). So far, there are no reports of late
registration suggesting a high
level of awareness at the grassroots level
(Shehia )
39. The Education Act 1982 of Zanzibar, which is
critical to the promotion and protection of the rights of the child, is being
prepared
for review. According to Section 20 (4) of this Act, a female pupil
who is found pregnant before completion of basic education shall
be expelled
from school. The same applies in the mainland according to the Education Act
(1978) of the URT.
40. The Revolutionary Government of Zanzibar is in a
process of reviewing the
Spinsters, Widows and Female Divorcees Protection
Act No. 4/85 which makes an offence for a spinster, on her own free will fall
pregnant
and if found guilty is liable for sentence of two years imprisonment.
41. The Government of Zanzibar is in the process of domesticating the
Optional Protocols to the CRC, that is, the Optional Protocol
on Involvement of
Children in Armed Conflicts and on the Sale of Children, Child Prostitution and
Child Pornography.
Mechanisms for monitoring, reporting and data collection for implementing the Convention on the Rights of a Child (CRC)
42. Both Tanzania Mainland and Zanzibar are in the process of preparing National Plan of Actions (NPA) based on the United Nations Outcome Document “A World Fit for Children” which was adopted during UNGASS in May, 2002. The NPA preparation process envisages inputs from a wide range of key stakeholders through workshops and consultative meetings. Such stakeholders include NGOs, and notably children through their forums, such as schools, Tanzania Movement for and with Children (TMC) and the Junior Council of the United Republic of Tanzania, and institutions dealing with children in need of special protection. In Tanzania Mainland, the NPA Implementation Framework towards UNGASS Commitment has been developed.
43. The current Country Programme on CSPD programme (2002 – 2006), is being implemented in phases for both the Government and the UN with the adoption of the Tanzania Assistance Strategy (TAS) as the government’s strategy for development cooperation with partners.
44. The overall goals of the CSPD programme are two fold: -
45. The proceedings for the 2002 – 2006 Country Programme was projected from the Mid-Term Review (MTR) of the 1997 – 2001 Country Programme carried in 1999. The MTR analysed the achievements and opportunities as well as failures and challenges to implementing the 1997-2001 Country Programme on the basic of which the present Country Programme is restructured.
46. The number of villages covered by UNICEF supported community based programme have increased from 1,235 in 1985 to 4,861 in 2002, thus reaching about 50 % coverage of the country or 63 out of 120 districts of the Mainland and all the 10 districts in Zanzibar. This initiative reaches more children and women at the grassroots and facilitates transformation of their lives. It focuses on establishing a core strategic package for improving community, district and regional level capacities in community centred planning, facilitation and development.
47. Alongside the National Development Vision 2025, the GoT has prepared the Poverty Reduction Strategy (PRS), which aims at reducing poverty by half by 2010 and eradicating it in Mainland Tanzania, by 2025 and in Zanzibar by 2020. Several targets of the National Development Vision 2025 and PRS specifically refer to children, adolescents and young people. They strive to address infant and child mortality and malnutrition and to reduce the HIV infection rate in young people who account for 60 % of the national population. To achieve these goals GoT has taken initiatives to provide the blueprints. These are Tanzania Assistance Strategy (TAS) (2000) and more specifically the PRS (2000). TAS outlines government priorities to improve the quality of life and social well being of particularly the rural poor and most vulnerable groups, which include children and young people.
48. Tanzania has also qualified for enhanced debt relief under HIPC initiatives. The nation was spending about 40 % of the public budget on debt servicing, more than what was allocated for education and health sectors combined. With HIPC initiative the same amount has been plighted back to social services sector.
49. Decentralization initiatives, such as the Local Government Reforms, aims at developing decision - making powers to the districts and villages and enhance effectiveness in service delivery. Likewise, under the Local Government Reform Programme, democratic governance structures at local levels are being strengthened, and service provision designed so as to make it easily accessible to children and young people.
Data collection mechanisms on children issues
50. Mechanisms which have been improved, developed and used in monitoring and analysing the situation of children in Tanzania are:
Poverty Monitory System including monitoring of Millennium Development Goals (MDGs)
51. Tracking the performance of the key indicators outlined in the PRS is an essential part of the overall strategy in order to obtain hard evidence on whether poverty reduction efforts are hitting their targets or not. Following the introduction of the PRS, the Government initiated the Poverty Monitoring System (PMS) with the aim of providing evidence to assist in the implementation of the PRS, and MDGs and to measure its effectiveness.
National Population and Housing Census of 2002
52. The National Population and Housing Census of August 2002 shows that there are 17,442,419 children below 18 years, that is, 51 % of the whole population in the URT. Tanzania Mainland consists of 16,918,818 children of whom boys are 49 % and girls are 51 % while Zanzibar has 523,601 children under 8 years, that is 53 % of the total population and out of these 262,103 (50%) are boys while 261,498 (50%) are girls. There is a further 5,664,907 children under the age of five years.
53. Table 5 shows distribution of children according to specific age groups:
Table 5
Distribution of children according to age groups
Sex/age group in years |
Under 1 year |
Under 5 years |
Under 18 years |
Female |
596,973 |
2,834,362 |
8,690,766 |
Male |
594,111 |
2,830,545 |
8,751,653 |
% Total national population |
3.5 |
16.4 |
50.6 |
Source: National Population and Housing Census Report, 2002
Household Budget Survey (HBS) of 2000/01
54. The HBS 2000/01 was conducted by the National Bureau of Statistics and covered more than 22,000 households across all 21 regions of Tanzania Mainland. The analysis focuses on the poverty indicators defined in the PRS, and it provides both national and regional information on the status of households as well as a poverty baseline against which future progress can be assessed.
55. Findings from the HBS 2000/01 confirm that income poverty is still high with 36 % of people living below the basic needs poverty line. Although this is slightly lower than in 1991, in absolute terms (due to population growth), there are now 11.5 million people living below the poverty line compared to 9.5 million in 1991. In addition, disparities between rich and poor, urban and rural are widening. Rural household are much poorer than their urban equivalents in almost all respects, and Dar es Salaam is significantly better off than the rest of the country. Average household consumption rose by around 17 %, with Dar es Salaam seeing a rise of 47 %.
56. Average household size has fallen in the past 10 years from 5.7 people/household to 4.9 people/household. But the number of female-headed households has risen from 18 to 23 %. Housing standards have improved, along with access to protected drinking water sources. In the rural economy, it appears there are signs of a shift away from agriculture as the single source of income; with women in particular moving into alternative income generating activities.
Integrated Labour Force Survey (ILFS)
57. There are important links between economic growth, employment and poverty reduction. The ILFS 2000/01 was undertaken in Tanzania Mainland by the Ministry of Labour, Youth Development and Sports in order to bridge the absence of reliable data on the labour market. Initial findings from this survey show that the adult labour force has increased by 6.6 million in the past 10 years, and is now estimated to be 18 million people, 80 % of whom are engaged in agriculture. Currently, the rate of growth of the labour force (58.8 %) exceeds the rate of job creation; 70,000 new job seekers enter the labour market each year, most of which have only minimal educational qualifications.
58. According to the Child Labour Survey of 2000/01 statistics in Tanzania Mainland, 4.1 million out of an estimated 10.2 million children aged 5 – 14 were not attending schools and nearly 4 million of the latter were engaged in either economic activities or house keeping. It also shows that out of an estimated 11.9 million children aged 5 – 17 years, 4.7 million were in the labour market and a significant number are in the worst forms of child labour. On the other hand, the Government with the support of ILO/IPEC conducted Rapid Assessment Survey on child labour in Zanzibar. The survey was conducted in the coastal areas. The result of the survey formed the basis for developing Gender Promotion programme (GENPROM), which aims at combating child labour in the country. The GENPROM is an ongoing programme in four villages in Unguja and four villages in Pemba
Tanzania Socio-Economic Database
59. The Tanzania Socio-Economic Database (TSED), based at the National Bureau of Statistics (NBS), has been developed to provide a centralized location to access all data covering both Tanzania Mainland and Zanzibar. The main objective is to increase the availability of data for better planning.
60. TSED offers easy access to quantifiable indicators (the software programme facilitates trend analysis of 330 indicators) for planning, monitoring and evaluation, and greater consistency in the data. It offers an information package, and better presentation of data through graphs, tables and maps, all of which contribute to improved dissemination and sharing of data and information on situation of children.
CSPD information gathering
61. In Tanzania CSPD information gathering approach is community based, whereby communities are able to take decisions and also monitor the effect of their decisions on a regular basis. The CSPD programme is coordinated at district level by District Management Teams (DMTs) and by the CSPD Technical Committee at national level. Through monitoring and promotion, members of communities are informed about the status of their children in terms of their nutrition situation and growth in general. Reasons for poor growth of children are discussed during the Village Health Days, which are also used for providing vaccinations. Likewise, children and pregnant women are screened for malaria and other diseases. Other information collected includes registration of new births, primary school enrolment of eligible children, food situation and statistics on water and environmental sanitation.
Village/Mtaa/Shehia Registers
62. The Village/Mtaa/Shehia Registers are used to register all people living at this level including children. Each level needs to have its entire people registered in order to capture the actual population. The village/Mtaa/Shehia registers have proved to be a very important tool in obtaining community information and data especially for basic demographic needs. The current efforts to improve the administration of Village/Mtaa/Shehia Registers would be further enhanced by the recently initiated District Surveillance System (DSS). Information and rejuvenation of marginalized groups of communities will enable them to participate in the decision making process and monitoring of actions. GoT has regularised the use of Village/Mtaa/Shehia Registers in all villages of Tanzania.
Community Based Management Information
System
63. CBMIS is a monitoring system developed through CSPD
programme for gathering child related information at the community level.
Through
this system information is used to identify problems and challenges for
the development of appropriate measures for the remedy of
such obstacles.
Situational analysis of women and children
64. A
Situation Analysis of children and women document in Zanzibar of 2001 indicates
the status of children and women in Zanzibar
and the level of access to social
services they enjoy. The overall objectives of CRC of 1989 and the Convention
on the Elimination
of All Forms of Discrimination Against Women, (CEDAW) of
1979 are discussed in the Situational Analysis. Furthermore, this document
contains detailed information on infants and adolescents.
65. The
government produces annual reports as required under the CSPD programme on the
status of children in Zanzibar. These reports
contain vital information on
children, particularly on health, water, environmental sanitation, education and
other social practices.
Mechanisms for coordinating the implementation of CRC
66. In July 2003 the Government of United Republic of Tanzania established the Department of Children Development within the Ministry of Community Development, Gender and Children (MCDGC) so as to accommodate issues of children and young people appropriately. The Directorate is responsible for coordinating and monitoring the implementation of the Child Development Policy, Family Development Policy; and the International Conventions on the Rights and Welfare of Children. The Department is also responsible for children and adolescence concerns on HIV/AIDS; identifying and combating the harmful cultural practices and initiating the Family Life Education Programme.
67. The
Government of Zanzibar approved the Vision 2020 programme in 2000, which aims at
improving socio - economic status of the
people and thereby reduce poverty. The
Vision consists of a number of programmes including the Zanzibar Poverty
Reduction Plan (ZPRP),
which was introduced in 2001. This programme aims at
improving social services and this relates directly to the best interests of
the
child.
68. Government of Zanzibar has also developed the Zanzibar
Education Master Plan for 10 years (1996 – 2006) to address issues
of
access, organization and promotion of science and technology. This plan was
drawn in line with other national development plans
such as ZPRP.
69. The
Government of Zanzibar established the two related organs dealing with HIV and
AIDS issues in Zanzibar: the Zanzibar AIDS
Unit Control (ZAUC), mainly involved
with education, provide counselling, financial and moral support to victims:
and the Zanzibar
AIDS Commission (ZAC). The major role of the Commission is to
plan and develop strategies to mainstream the issue of HIV and AIDS
in all
Government and Non Governmental sectors. One major and shared mandate is to
devise strategies for protecting children from
being infected and to reduce
mother to child transmission (MTCT). In Tanzania Mainland, the Government has
established the Tanzania
Commission for AIDS (TACAIDS) for Coordinating National
Multicultural HIV and AIDS activities.
70. The Government of Zanzibar in
collaboration with the International Labour Organization (ILO) initiated a
Gender and Promotion
Programme in 2002. The programme is planned to improve
women’s economic status so as to reduce the problem of child labour.
The
programme is in pilot areas in Unguja and Pemba. So far 62 children have been
removed from child labour in Unguja and 112 in
Pemba. Out of 174 children, 88
were reintegrated in formal school and 86 were sent to Vocational
Training.
71. Tanzania Movement for and with Children (TMC) was
officially launched on 28th April 2001 by the President of the United
Republic of Tanzania to underscore the commitment of the Government to the
promotion and
protection of the rights of the child. One of the strategies of
the TMC is to strengthen networking activities amongst NGOs and
to work closely
with children and young people’s initiatives, strengthening their capacity
and providing as much support as
possible towards the full realization of
children’s rights as set out in the CRC and the African Charter on the
Rights and
Welfare of the Child.
72. There is a national partnership
between the three Ministries that is, the MYEWCD of Zanzibar, MCDGC and MLYDS of
Tanzania Mainland.
All issues concerning children and youths are implemented in
consultation between the three Ministries. In addition, the Ministries
collaborate in commemorating international events such as the Day of the African
Child, International Women’s Day, and the
World Day Against Child Labour.
73. In the year 2000, the Government of the URT enacted the Commission for Human Rights and Good Governance Act 2001, which established the Commission for Human Rights and Good Governance (CHRGG). A Chairman, Vice Chairman and seven Commissioners head the Commission, four from Tanzania Mainland and three from Zanzibar all appointed by the President of the United Republic of Tanzania. Of the seven Commissioners, two are women. The rationale for establishing the CHRGG is to enhance the fulfilment of the 1948 United Nations Declaration on Human Rights, children’s rights being one of them. The Commission is particularly sensitive to complaints to ensuring the enquiry involving them. The law provides under section 19 (1) (b) that if there is a likelihood that the life, liberty or physical safety of a person of the interests of vulnerable persons, including children will be endangered, the Commission may, in the public interest prohibit or restrict the publication of any evidence given before it or the identity of any such person. Compared to courts of law we can say that the Commission is easily accessible by every person, children included.
74. Government of Zanzibar established the National
Children’s Rights Committee (NCRC) in 2001. This Committee is under the
Ministry of Youth, Employment, Women and Children Development (MYEWCD). It
brings together representatives from both Government
and Non-Governmental
Institutions. The major role of this Committee is to mainstream the policy of
children’s development
and CRC in all child related organizations. The
Committee facilitates the implementation process of the Children’s Policy,
CRC and the preparation of NPA. More efforts are underway to ensure that the
Committee is adequately empowered in its task of coordinating
children’s
issues in Zanzibar.
Allocation of budgetary resources
75. The Tanzania Mainland has taken into account in its Public
Expenditure Review (PER) cross cutting issues relating to children,
adolescents
and young people; gender; HIV and AIDs; and environment. The National Planning
and Budgeting guidelines provide specific
allocations for these areas, which
fall under the social services sector of the economy. The table below (Table 6)
shows the public
expenditure for social services in Tanzania Mainland.
Table 6
Public Expenditure for Children between
2000-2003 (TSh. Mllion)
Sectors
|
2000
|
2001
|
2002
|
2003
|
% change
2002/03 |
Education
|
75313
|
88116
|
103096
|
109282
|
6
|
Health |
35112
|
41081
|
48065
|
51429
|
7
|
Other Services |
63919
|
73875
|
82740
|
86877
|
5
|
Source: Government of Tanzania, Socio-Economic
Survey 2003
Table
7
Approved budget for social services in Zanzibar (T.Shs)
Social service |
1999
|
2000
|
2001
|
2002
|
Education
Health
Water
|
5,450,150,000
2,031,026,800
627,174,000
|
5,934,400,000
3,104,441,000
83,635,563
|
5,713,410,358
2,610,949,826
822,311,080
|
8,353,846,104
5,064,653,325
1,316,303,773
|
Total national expenditure
|
47,540,445,000
|
53,653,570,000
|
9,146,671,264
|
14,734,803,202
|
Source: Budget Department –
Zanzibar.
77. Some of the bilateral donors withdrew direct financial
support from Zanzibar, following the disapproval of the 1995 election results.
However, a Consultative Group Meeting held in Dar es Salaam in February 2000
recognized that the suspension of aid largely affected
vulnerable groups such as
children. Arab Countries and United Nations specialized agencies such as
UNICEF, UNDP and UNFPA have continued
to support the Government of Zanzibar in
areas such as basic education, primary health, and nutrition and reproductive
health. The
ILO has also been supporting some sectoral Ministries such as the
Commission for Labour and MYEWCD in developing the National Employment
Policy.
Other bilateral agencies such as DANIDA, in collaboration with UNDP are
continuing to support the Government in promoting
access to credit for women
groups. The Aga Khan Foundation is involved in promoting basic education by
funding operations of community
based education structures. The Islamic
Development Bank (IDB) has a strong interest in the whole educational
sector.
Dissemination of the CRC
78. Television and Radio stations air special programmes on
children’s rights related to the CRC provisions. In Zanzibar four
programmes are aired monthly on the radio and six programmes shown on T.V,
newspapers like “Zanzibar Leo”, regularly carry coverage of
children’s issues, such as child labour, neglect and sexual abuse. GoT has
been conducting
workshops and training programmes for the general public as a
means of creating awareness on child rights. However, far more work
is done by
NGOs such as Kuleana, Save the Children, Plan Tanzania, National Network
of Organisation working with children (NNOC), Kiota Women’s Health
and Development (KIWOHEDE) etc. in disseminating the CRC through projects which
aim at training and creating
awareness on children’s rights, producing
special magazines, promoting children health and their welfare, up keeping of
children
in institutions and producing advocacy materials. Similar measures are
being taken by different child related NGOs in Zanzibar like
ZAMWASO, NGO
Cluster’s, ZACA, ZAD and The Association for children with Mental
retardation.
79. The Day of the African Child (DAC) is commemorated throughout the country on 6th June every year. At community level the occasion is an opportunity to increase community awareness on the situation of children, and reinforce community mobilization for improved children’s well being and support their rights.
80. In 1991 the Parliament of URT adopted a resolution stating that – “every village should hold a day for children, in which progress reports on the implementation of various children’s programmes will be presented and discussed, together with brief celebrations to mark the day.” In implementing this Resolution, in year 2000 the Day for Children has been integrated into District Development Plans and adopted as “The June Village Child Day”. It is also used for the purpose of advocacy and social mobilization on human rights of children and women. The Revolutionary Government of Zanzibar every year presents the situation of children in the Legislative Assembly, that is, House of Representatives during the budget sessions on 16th June, during this period, members of the House are updated on the provision of children rights in the Island.
81. Other events and commemorations, which are used to create awareness on child rights, include World Day Against Child Labour, Children Broadcasting Day and World AIDS Day.
82. Child rights training courses are conducted twice every year at the Training Centre for Development Co-operation (TCDC) in Arusha. The courses draw participants from Eastern and Southern Africa countries to understand the CRC principles, contents and process of implementation. They are further equipped with knowledge and skills to design measures for monitoring mechanisms.
83. The input of NGOs has also been recognized at international level, this has been demonstrated by the recent Maurice Pate Award to Kuleana in 1999 for translating CRC into popular language and disseminating it effectively to the public. The inputs of other NGOs such as National Network of Organizations working with Children (NNOC), Plan Tanzania, and Kiota Women’s Health and Development (KIWOHEDE) have also been recognized by the Government.
84. The Government in conjunction with Tanzania
Movement for and with Children (TMC) have conducted three zonal workshops in
Mwanza,
Dodoma and Arusha regions concerning the implementation strategies of
the UN document: ‘The World Fit For Children’ (WFFC)
and CRC.
Different target groups such as professionals, children, youth, government
officials, school students and the general public
were involved in these
workshops. Other zonal workshops were planned for Zanzibar, Mtwara and the
Coast regions.
85. The Government of Zanzibar, in collaboration with
UNICEF has undertaken efforts to create awareness of the CRC, Children’s
Policy and the recently World Fit For Children (WFFC) as well as Africa Fit For
Children (AFFC). Concurrent with these efforts,
the Government, with the
support of UNICEF, has supported the creation of children’s clubs both in
school and out of school,
to conduct peer education, especially during
commemoration of national and international events such as DAC and International
Women’s
Day (IWD).
86. The Government of Zanzibar, through GENPROM,
has conducted training on CRC, WFFC and AFFC. So far, 16 training sessions have
been conducted in Unguja and Pemba for the community members, Shehia
leaders, religious leaders, public figures, and children and youth groups.
87. The preparation process of the Country CRC Report involved a wide range of stakeholders through workshops and consultative meetings. Noteworthy, was the participation of children and young people through primary schools, TMC, Junior Council of the United Republic of Tanzania and other institutions working for and with children. At the high level the report was shared among policy and decision makers within GoT namely the Cabinet Secretariat of Ministers for approval before submitting to the Secretary General of the United Nations.
II. DEFINITION OF A CHILD
Legal context
88. The proposed harmonized “Children’s Law” advocates for a uniform definition of the term “child” which is in conformity with the Constitution of URT, the National Child Development Policy, the CRC and the African Charter on the Rights and Welfare of the Child. The Government is in the process of merging pieces of legislation that define a “child” differently to conform to the CRC definition of the child being a person under 18 years. However, there are currently pieces of legislation, which recognise children as all persons under 18 years. For example, under the URT Constitution persons under 18 years are not allowed to vote, the Law of Contracts prohibits persons under 18 years to enter into contracts, while the Defence Forces Regulations prohibit all persons under 18 years to be recruited into the armed services. Otherwise in the URT there is general understanding that a child is any person below the age of 18 years.
89. The proposed “Children’s Law” seeks to introduce amendments to a number of existing statutes relevant to rights of the child. These include the Law of Marriage Act, the Law of Succession and Inheritance, Labour Laws and Children and Young Persons Ordinance, Sexual Offences (Special Provisions) Act No. 7 of 1998 and the Zanzibar Children’s policy on Survival, Protection and Development. In common understanding “childhood” is seen differently and divided into four age categories. Under one year, a child is known as an infant. Between one to six years a child is at his/her early childhood development, while between seven and fourteen years, he/she is referred to as an adolescent. At the attainment of puberty, (12 for girls and 14 for boys), another milestone is reached, for a child to experience youth life. From 18 years a minor achieves age of majority and becomes a young person. A child and young person’s status in a common language depends on these age categories.
90. In Zanzibar
the Education Act of 1982 strictly prohibits a school child from getting
married. In case a marriage is contracted
while at primary basic education or
junior secondary school (Form II – IV) he/she shall be expelled from
school. Article.
20 (40) of this Act therefore stress the importance for a
child to complete his/her compulsory (Form II) basic and secondary education.
Similarly the URT Education Act of 1975 prohibits a school child from getting
married. Review of the Expulsion Regulation by Pressure
Groups including NGOs
has not yet succeeded.
91. There is no law that allows a child to enter
into sexual consent in Tanzania unless such a decision is made for a legal
marriage.
92. The forceful conscription of children into the armed forces
is prohibited under the Defence Forces Regulations. The Regulations
provides
that no child below the age of 18 years may be used directly in armed
conflict.
93. In Zanzibar, all issues concerning a child are dealt with
under Islamic jurisprudence for the Muslims who are the majority and
secular law
for non-Muslims. However both share the same definition of a
child.
94. Issues concerning change of identity for children, in
Zanzibar, are under family authority and supervised by a regional
court.
95. All children under 18 years are constitutionally authorized
to form or join associations concerning their own issues other than
the
political ones.
III. GENERAL PRINCIPLES RELATING TO THE RIGHTS OF THE CHILD
Non-discrimination (art. 2)
96. The question of the principle of non-discrimination of children is covered in the Constitution of the URT (Art 3) as per earlier report, and will also be covered in the proposed harmonized “Children Law”, which will be proceeded by a Government White Paper. In addition, the Child Development Policy also addresses the question of non-discrimination. The Government and UNICEF have facilitated the adoption of village level programmes appropriate to vulnerable children, so that they can have equal opportunities in development.
97. The Constitution of the United Republic of
Tanzania of 1977 and the Constitution of Zanzibar of 1984 contain a Bill of
Rights, which reaffirm fundamental rights and basic freedoms. Among these are
the rights to
equality, (that all human beings are born equal), the right to
life, to be registered following birth, freedom of expression, rights
to enter
and leave the country and freedom of association. All these rights extend to
nationals and resident non-nationals alike.
98. The Policy of People
with Disabilities has been approved by the House of Representatives in 2003 to
ensure their rights in the
society.
99. The Government of Zanzibar is
reviewing the Spinsters Act No. 4 of 1985 and provision on criminal liability
for unmarried women
below 25 years of age and girls who fall
pregnant.
100. With UNICEF support, the Departments of Social Welfare in
both Mainland and Zanzibar have introduced programmes to identify the
Most
Vulnerable Children (MVCs). For Zanzibar, the programme has already started by
supporting 466 children with books, school fees,
food and soap. Other 585
children have also been identified for the same support out of which 255 are
girls. The Government through the national budget and Non- Governmental
agencies is assisting other categories of children such as orphans,
children
born out of wedlock and children with disabilities. Table 8 shows the total
number of children currently under care in
two Governmental institutions in
Zanzibar while Table 9 shows other Centers that are under Non-Governmental
Organizations.
Table 8
Children under care at the Forodhani
Government Unit and SOS village
Unit
|
Girls
|
Boys
|
Total
|
Forodhani |
19
|
18
|
37
|
SOS |
46
|
78
|
121
|
Source: Department of Social Welfare, Zanzibar
Table 9
Other institutions taking care of children
NGO |
AIDS orphans
|
Other orphans
|
Children under difficult circumstances
|
Total
|
|
ZAWCO |
15
|
19
|
16
|
21
|
56
|
ZAPHA + |
18
|
28
|
2
|
25
|
55
|
ZAMWASO |
52
|
34
|
128
|
55
|
217
|
ZASO |
24
|
49
|
35
|
19
|
103
|
DSW |
10
|
7
|
18
|
10
|
35
|
AMA |
n/a
|
0
|
153
|
0
|
153
|
Total |
117
|
137
|
352
|
130
|
619
|
Source: Ministry of Youth Employment, Women and
Children’s Development - Zanzibar
101. Government of Zanzibar in
collaboration with ZAD has introduced special classes for children with
disabilities. However these
classes are too few (5 classes) and urban centred
to meet the demand. Also, Government, in collaboration with ZAD is in the
process of introducing the Inclusive Education Programme. Surveys and several
stakeholders and consultative meetings have been held towards launching of this
programme.
102. In regard to promoting young girls’ rights, the
Government of the United Republic of Tanzania has planned to review
discriminatory
laws which are, in one way or another, prejudicial to
children’s rights, especially girls. Furthermore, the “SARA”
programme is being carried out with the aim of promoting the status of a girl
child.
Best interests of the child (art. 3)
103. The general principle of the best interests of the child has now been taken into account in the proposed harmonized “Children’s Law” as well as in the reviewed Child Development Policy. In order to implement the objectives of the Convention, the government has established projects, programmes and services, which have an input to children’s development. There are programmes such as:
104. There are also laws relating to marriage, custody, maintenance and inheritance rights which complement the Convention. The Law of Marriage Act of 1971, which includes custody, and maintenance of children is currently being reviewed in order to take care of the best interest of the child. On the other hand, labour laws are set to combat child labour. The Education Act of 1978, which was amended to make primary education free for all children, took into consideration the best interest of the child.
105. In Zanzibar, the Government has made efforts to improve the
structure of CSPD programme, of which now 5 children are members
of the
Technical Team of the CSPD programme.
106. The Government of Zanzibar has
adopted a policy for Child Survival, Protection and Development. This policy
was approved in
2001 and is monitored/coordinated by the Ministry of Youth,
Employment, Women and Children’s Development. The intention is
to
integrate it in other sectoral policies, especially water, health and education
policies in children policy.
107. The Government of Zanzibar is now reviewing the Spinsters Act (No. 4 of 1985) with a view to abolishing it, as it is oppressive of young girls and women.
108. The Government of Zanzibar, in collaboration with
ZACA, has prepared a Training Manual on Children’s Rights, in which Child
Survival, Development, Protection and Child Participation have been highlighted.
The right to life, survival and development (art. 6)
109. The Government of the URT in collaboration with various non-governmental institutions have taken a number of measures to ensure the right to life, survival and development of children. Among such measures is the Prevention of Mother to Child Transmission (PMCT) programmes on reduction of severe impact of HIV and AIDS to children. Other programmes include the Reproductive and Child Health Programme undertaken throughout the country, for the under five children and pregnant mothers get free medical services.
110. The
Government of Zanzibar also provides free health service to all children under
five years of age and pregnant women. This
is an immediate measure taken to
reduce causes of infant mortality. The major causes of infant mortality are
malaria, diarrhoea
malnutrition, lack of essential micronutrients, which include
the low use of exclusive breast feeding for new born babies, anaemia,
and HIV
and AIDS. Children are protected from various diseases, which can be controlled
through vaccines as well as safe water supplies,
efficient and effective health
services and educational programmes
111. The Government of Zanzibar has
established a special Nutrition Unit in order to overcome the problem of
nutritional status of
under five children. The overall goal of this Unit is to
improve the health status of women and children through the prevention and
control of micronutrient malnutrition. However, the Unit is severely
constrained by lack of funds despite the support from UNICEF
on GMP which
involves training health workers to train community volunteers to conduct
GMP.
112. Regarding care of babies one indicator for assessing the extent
is the level of attendance at nursery school, between the ages
of 4 and 6. For
Zanzibar, in 1999 just 3% of the children attended pre-school programmes. (3.6%
Unguja and 2.3% Pemba)
Respect for the views of the child (art. 12)
113. In an attempt to ensure that children’s views and aspirations are taken into account, in December 2002 children in Tanzania established a Junior Council of the United Republic of Tanzania. The Junior Council of the URT is a national - wide initiative led by children for children. The Council comprises two representatives from each region of Tanzania Mainland and Tanzania Zanzibar. Membership is limited to persons under 18 years, representing a broad range of backgrounds, with special representation of vulnerable children. The Junior Council strives to be an institutionalised avenue at national level for children to contribute to the national development agenda and child development. In respect of Art. 12 of the CRC, the Government, through the MCDGC have supported the initiative from the beginning, and is working on its official registration.
114. With the support of the Government and TMC, Children of Zanzibar have initiated children’s councils in three districts of Unguja. Efforts are being made to enable children in other districts to initiate similar councils.
115. Various Government and private media institutions run programmes for and with children and young people. Television and Radio Stations such as Radio Tanzania, Clouds FM, Radio Kwizera, Radio Free Africa, Television Zanzibar (TVZ), Tanzania National Television (TVT), Independent Television (ITV) and Star Television (Star TV), all run regular programmes produced by involving children. The weekly children’s show on Clouds FM and ITV is unique as it is produced and presented by children themselves. In Zanzibar, children organize and broadcast themselves in a daily news bulletin and artistic display in TV–Zanzibar.
116. Children also participate in school gatherings, Children’s Barazas during the commemoration weeks of DAC and the Child Effective Media Project. They took part in the preparation of the Outcome Document: A World Fit for Children and Africa Fit for Children and participated in the United Nations General Assembly Special Session for Children (UNGASS) on children in May, 2002.
117. TVZ hosts a variety of programmes related to children.
Radio Zanzibar has a programme called Tuzinduwane, which discusses how
good governance can reduce HIVand AIDS infection. In this programme children
express their views directly on ways
of reducing HIV and AIDS infection. . So
far, 1478 programmes have been aired.
118. The Government of Zanzibar
always ensures that children are directly involved in all activities of
relevance to children. During
the commemoration of the DAC, at all levels (ie
from Shehia up to National level) children organize various activities including
drama, special children speech, which discuss problems confronting children,
aspirations and recommendations for the problems.
IV. CIVIL RIGHTS AND FREEDOMS
Birth registration (art. 7)
119. During the implementation of the Registration of Births and Deaths Ordinance, Tanzania introduced the Civil Registration Programme in Local Governments Authorities. Out of 113 Local Governments 84 were covered. Compulsory registration is also undertaken in dispensaries and health centres situated in villages. The Government has instituted a mechanism to supervise the compulsory registration down to village level.
120. Besides registration of births, the Department of Administrator General has conducted several training programmes. These were aimed at inculcating a culture of registering births and disseminating knowledge on children’s rights among partner institutions, stakeholders and the public at large.
121. In 1998, the Department of Administrator General conducted district level training of trainers (TOT) workshops and seminars to health practitioners, Ward and Village Executive Officers, and Health Workers aimed at raising awareness on child registration programme, to health practitioners. The seminars were conducted in 66 Local Government Authorities of Tanzania Mainland. Similarly in 2002, with support from UNICEF, the Department conducted a training programme in Njombe District. A total of six TOTs were held at Njombe District level and 795 participants attended the seminars.
122. In complementing Governments efforts, NGOs were involved in raising public awareness on birth registration, through the television programme “Mulika” televised by Channel Ten Television and Dar es Salaam Television (DTV). This was in addition to a televised panel discussion on the law and the importance of registering births.
123. The factors that impede the implementation of CRC on birth registration include inadequate funding, inadequate human resources, inadequate training/advocacy materials, and a dearth of dissemination programmes.
124. The Government of Zanzibar has established a Birth
Registration office in all Districts and Shehias. This is in conformity
with domestic law governing births and deaths. The Births and Deaths
Registration Decree requires parents
of the child to notify the Registrar of
births within forty-two days of the birth of the child. A form is available at
the Shehia office, as a first step in obtaining birth certificate from
the District Registrar’s office as an identity and proof of nationality.
The law has gone further by providing that where a birth has taken place in
prison, hospital, orphanage/quarantine station, the
duty to give such
information shall lie with the officer in charge of the institution. No
reference shall be made in the register
to the fact that a child was born in
prison. As a way of sensitising birth registration, some Government institutions
demand the
provision of a birth certificate as a condition for enjoying access
to certain rights.
Police brutality (art. 13)
125. The incidence of police brutality has declined through advocacy programmes conducted by national media bodies, training of Police Officers, seminars and workshops on Human Rights of children, Despite this, the Government has introduced the subject of Human Rights in the Police and Prison College’s curricula so as to increase awareness on human rights including children’s rights.
Corporal punishment
126. A campaign against corporal punishment which was launched in 2000 by the Minister of Community Development Gender and Children responsible for child development aimed at setting in motion a debate on the appropriate nature of interactions between adults and children. Several NGOs and CBOs took part in the campaign, which comprised of dissemination of materials; publication of newspaper articles and press releases; radio and television programmes; and dialogue in various parts of the country. The Government provided guidelines on the regulation and control of corporal punishment in schools, in which the number of strokes have been reduced from 6 – 4. According to the new regulation, only the Head Teacher/Headmasters of schools are allowed to administer corporal punishment, and there is provision for penalising teachers who go against these regulations. Also, the government in its efforts to regulate corporal punishment has put a provision, which put limit to the number of strokes that may be inflicted upon a school pupil. “No sentence of corporal punishment shall in any case exceed twenty strokes in the case of adults and twelve strokes in the case of juveniles” as it is provided for under section 8 (2) of the Corporal punishment ordinance, Cap 17.
Freedom of expression (art. 13)
127. The Constitutions of the United Republic of
Tanzania and Zanzibar provide for the right to every person, including children,
to express their opinion and to seek, receive and disseminate information and
ideas through the media, regardless of national frontiers.
Also, children have
the right of freedom from interference with their communication. The two
Constitutions provide for the right
to be informed at all times of various
events, which are of importance to the lives and activities of the people and
also issues
of importance to the society.
Freedom of thought, conscience and religion (art. 14)
128. The Government URT recognises freedom of
thought or conscience, belief of faith and choice in matters of religion,
including
the freedom to change religion or faith by any person including a
child. It is further provided that the practicing of religion,
worship and
propagation of religion shall be a free and private affair of an individual.
However, the Government of Zanzibar, under
the Ministry of Education introduced
the teaching of Islamic studies in syllabi of public institutions of learning
due to the fact
that more than 90 % of Zanzibar are Moslems. However,
Students in such institutions who are not Moslems are not compelled to take
Islamic studies.
129. The right of the child to freedom of thought,
conscience and religion is recognized by the Constitution of the URT.
The right not to be subjected to torture (art. 37
(a))
130. The Zanzibar Government enacted various laws to protect
children from being subjected to torture. A good example of these laws
is the
Labour Act (No. 3 of 1997), which restricts employment of a child under the age
of 17 years in any type of work except where
the employment is in the interest
of the child. Also, the Children and Young Persons Decree (Cap 58)
facilitates the establishment
of Juvenile Courts. Section 6 of this Decree,
imposes a legal duty on the Commissioner of Police to make arrangements for
preventing,
so far as practicable, a child or young person while being detained,
from associating with an adult, other than a relative charged
with an
offence.
131. The Government of Zanzibar established on Interdisciplinary
Task Force, to combat child abuse, especially sexual abuse. Its members
are
police officers, lawyers, medical doctors and social welfare
officers.
132. The Government of Zanzibar discourages the use of corporal
punishment. The process started by establishing two non-corporals
punishment
pilot schools, one in the rural and the other in the urban area. However,
research has yet to be conducted to assess
the impact of these pilot projects.
Despite the above efforts, religious and cultural regulations legalize the
administration of
strokes as a form of socialization and upbringing rather than
as punishment. Customarily, parents are expected to ensure that children
under
their jurisdiction grow up to become well-behaved members of the family and
community.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Children deprived of their family environment (art. 20)
133. Measures taken by URT to improve alternative care include:
134. In Zanzibar, the legislative and administrative
nature of child socialization does not allow children to be permanently deprived
of their family environment. This is in conformity with Islamic law and widely
held family practice.
Adoption and foster care (art. 21)
135. The National Guidelines for Care and Protection of Orphans and Vulnerable Children in Institutional Care has outlined the procedure for formal and informal foster care and adoption services. Adoption order shall not be made in favour of any applicant who is not residing within the East African Territories. Currently, a proposed harmonized “Children’s Law” of Tanzania Mainland is intended to take into account protection of children and cooperation in respect with inter country adoption
Parental guidance
(art. 5)
136. Tanzania is a society with the extended type of family.
Although the primary responsibility for the proper socialization of the
child
lies with parents and/or legal guardians, all grown up members of the extended
family have a duty to provide appropriate directions
and guidance to the child.
In these families, due to tradition and customs, a child is the last member of
the family to speak and
be heard in the clan until he/she is an
adult.
137. According to the Zanzibar Marriage Decree of 1985 and the
Children and Young Person’s Ordinance Cap. 13 in Tanzania Mainland,
it is
the duty and responsibility of the father to provide maintenance for the child.
Also, according to the Penal Decree Cap 13
of the Zanzibar Laws (Article 191),
it is the duty and responsibility of the identified father of a child born out
of wedlock to
provide maintenance for such a child.
Custody of
children born in wedlock
138. For children born in wedlock, custody
is shared by both parents. In case of separation or marriage breakdown, the
custody of
children below the age of 7 years is by the mother while the father
is required to provide usual maintenance for those children and
in the case of
default the law (Zanzibar Penal Decree, Cap 13) Children and Young Persons
Ordinance provides for prosecution of the
offender.
139. A variety of
measures have been taken by the Government of Zanzibar, National NGOs and the
community, to provide care and maintenance
for the most vulnerable children
(MVCs). A total of 37 children from poor families are being cared for in
Government institutions.
A total of 124 children (78 male and 46 female)
have been taken into the care of the Children’s Village (SOS). Another
115
orphans are provided for by the Africa Muslim Agency. Other NGOs active in
this field are ZAWCO, ZAPHA, ZAMWASO, ZASO, and ZACA.
All these NGOs deal with
MVC including HIV/AIDS orphans.
Separation from parents (art .9)
140. In Zanzibar, adoption is strictly
discouraged. International laws are applied to all non-citizen children living
in the country
and in case separation occurs, then the country jurisdiction
allows the return of such a child to his/her native community. However,
some
difficulties are experienced in few cases to return back home, children taken
away from their country.
Abuse, neglect, abandonment, maltreatment and violence against children (art. 19)
141. In Mainland Tanzania, Government and a number of the NGOs have undertaken studies and measures against sexual abuse, neglect, abandonment, maltreatment and violence against children. The Ministry of Community Development Gender and Children (MCDGC) in 2003 developed a National Plan of Action (NPA) aiming at combating violence against women and children. The main goal of the NPA is to attain sustainable equality and equity between women and men in Tanzania, and to provide a framework for actions to be undertaken by stakeholders to prevent violence against women and children. On the other hand, NGOs have established community programmes on children’s rights that identify children with problems so that action is to help them. Cases of domestic violence, ill treatment and abuse (sexual, physical and psychological) of children are now reported more often and offenders punished. This may be a result of increased awareness and accessibility to information on the rights of the child.
142. The Government of United Republic of Tanzania has also
established a procedure, which allows all cases involving mistreated or
sexually
abused children to be heard in camera. The public and the media are not allowed
in the chambers while the victim is giving
evidence. Furthermore, the Sexual
Offences (Special Provisions) Act of 1998 amends the Children and Young Persons
Ordinance, to
the affect that: “where a child of less than eighteen years
of age is a witness, a victim, accused or a co-accused in a case
involving a
sexual offence, the child shall be tried in ‘camera’ and separately
from the adult co-accused or the evidence
of the child shall be adduced in
proceedings conducted in camera”.
143. The Government of Zanzibar
through the MYEWCD has established a Counselling Unit whereby neglected children
can send their complaints.
The Unit is responsible for resolving problems and
ensuring that the neglected child receives care/maintenance services from
his/her
father.
144. In relation to sexual abuse/cases in Zanzibar, the
Counselling Unit, in collaboration with the Department of Social Welfare,
Police
and medical experts, responsible for developing strategies for combating
maltreatment, sexual abuse and other violence against
a child neglected and
homeless children are taken care of by Government but existing facilities are
overstretched.
VI. BASIC HEALTH AND WELFARE
Right to health and access to health services (arts. 6, 8, Para. 3, 23, 24, 26, 27, paras. 1-3).
Health Policy
145. A National Health Policy was formulated in 1990 and reviewed in 2001. The overall objective of the Health Policy on Mainland Tanzania is to improve the health and well being of citizen, with special focus on those most at risk and to encourage the health system to be more responsive to the needs of the people. Specific objectives are: -
146. The Tanzania Reproductive and Child Health Survey (TRCHS) statistics of 1999 on infant and under five mortality rates, show that at present IMR is at 104 per 1000 live births and U5MR is 165 per 1000 live births.
147. In Zanzibar the maternal mortality rate estimated in 1998 was 377/100,000 live births. This is slightly lower compared to the 1992 figure 400/100,000 live births. In the case of young children, mortality rates are also seen to be lower than in 1992. The present estimates are for IMR 83/1000 (2002) and child mortality at 114/1000 (2002) compared to IMR 102/1000 (1992) and 202/1000 1992 respectively.
148. MOH started implementing the IMCI initiative by training health workers on how to care for affected children. Districts like Sengerema, Misungwi, Mbarali, Mpwapwa, Temeke and Kibaha and teachers from Clinical Officers’ Schools (Mbeya, Lindi and Masasi) have been trained and there are plans to extend such training to other areas of the country.
149. With the support of UNICEF, training of health workers in the Integrated Management of Childhood Illnesses (IMCI) and on safer pregnancy and delivery particularly at community level has been conducted.
150. The
main objective of IMCI programme in Zanzibar is to improve the quality of care
of sick children in first level facilities
(PHC Units, MCH clinics within
hospitals) and first referral facilities (PHC Centres) in all districts. The
programme was started
in Micheweni, Kivunge and Makunduchi cottage hospitals in
the first phase 1997 to 2001. In the GoT /UNICEF contract Programme of
2002 to
2006 more districts are included. These are North ‘B’ Wete and
Urban districts.
151. The IMCI programme has also components on training in capacity development, improving case management skills to health workers managing childhood illnesses, improving supervisory skills, and strengthening organizational capacity of the Coordination Unit. The Unit is responsible for coordination, monitoring and evaluation. Community based IMCI activities are being practiced in the pilot districts.
Prevention of malaria
152. MOH in collaboration with other organizations like the Population Services International (PSI) and Care International distributed treated mosquito nets after a research on the control of malaria affecting children was conducted. Research further shows that chloroquine has failed to treat malaria in 20-52 % of patients who use the drug. Amodiaquine fails by 6 % while Fansidar by 13%. From these results, Fansidar is considered the first drug to replace chloroquine and the third for normal cases and first line for complicated cases. Tanzania is currently in a unique position in terms of use of Insecticides Treated Nets (ITNs), as the government is strongly endorsing ITNs. The country has considerable experience in promoting and distributing different forms of ITN in comparison to other malaria endemic countries in Africa. Tanzania also has a mosquito net factory producing high quality and low priced nets.
153. During the Anti-Malaria campaign in
Zanzibar in 2001/2002, a research on the effectiveness of chloroquine was
carried out in
Micheweni and Kivunge Cottage Hospitals. The result showed 60%
failure. In the attempt to fight against malaria in Zanzibar, a
new Malaria
Drug Policy was developed. The new policy (combination therapy) consists of the
following drugs:
1st line: Amodiaquine +
Artesunate.
2nd line: Artemether +
Lumefantrine.
3rd line: Quinine.
154. In Zanzibar
Fansidar can also be used by pregnant women. The outpatient department (OPD)
diagnosis rate for pregnant women is
estimated at 50 %.
Adolescent health
155. Adolescents are disproportionately affected by the HIV and AIDS epidemic. Although adolescents of between the age of 13 and 18 years constitute 20 % of the Tanzania population, they compose about 6 % of the new HIV infections. Efforts have been made to support young people against HIV and AIDS. One of the programmes that have been established is the Out-of-School Youth to Youth HIV and AIDS Communication Initiative, which has been running in different parts of the country. The programme has generated many lessons about young people’s practices and the risks they are exposed to.
156. Most health services are not friendly to young people especially in the area of reproductive health. Accessibility to health facilities by increasing the proportion of deliveries, which take place in health facilities, is vital in reducing maternal and child mortality. However, initiatives are under way for promotion of youth friendly health Services
Prevention of diseases
157. The Paediatric Department of the MOH is responsible for the health of children. According to Health Policy children under the age of five enjoy free health services. In order to reduce maternal and infant mortality rates, Government, through MOH, has launched training programmes on emergency obstetric care and safe delivery subjects. However due to resource constraints only 35 Districts have benefited from this training.
158. Equipment for Reproductive and Child Health services has been provided to 11 out of 21 regions only in Kagera, Kigoma, Shinyanga, Tabora, Singida, Ruvuma, Rukwa, Dodoma, Lindi, Arusha and Morogoro Regions in the URT.
Immunization
159. The Expanded Programme on Immunization (EPI) co-ordinates national efforts to sustain and further expand the coverage of immunisation in Tanzania. Data from the Ministry of Health (1999) indicates national EPI Coverage of 75 % and it has been raised to 79 % in 2002. In 1999-2000 MOH conducted campaigns on the use of polio vaccine in 44 districts in Tanzania Mainland and the overall immunization coverage was 99 %.
Nutrition
160. The main nutritional problems affecting Tanzania remain to be Protein Energy Malnutrition (PEM), Iodine Deficiency Disorders (IDD), Iron Deficiency Anaemia (IDA) and Vitamin A Deficiency (VAD). Other nutrition disorders also exist, including diet – related communicable diseases such as pellagra, beriberi, scurvy, rickets, deficiencies of some minerals like zinc and excess intake of fluorine, which leads to fluorisis. VAD and PEM reduce survival, but PEM also reduces productivity while IDA affects both physical capacity and intelligence of pregnant women resulting into intellectual impairment of the unborn baby. The deficiency can be possed to the child once born and may have implications for future school performance and the future generation while PEM also affects intelligence capacity and school performance.
161. In Zanzibar, efforts to reduce the moderate
and severe rates of malnutrition are carried by individual household,
Shehias, districts and national level. It is unfortunate that the rates
remain high despite the efforts being made. In 1992, the rates
were observed
to be 5 % severe and 26 % moderate. The 2002 rates are observed to be
7 % severe and 38 % for moderate cases.
Protein energy malnutrition (PEM)
162. PEM affect all age groups but is most common for the under five. PEM manifests itself in the form of low levels of mental and physical growth, underweight or clinically as marasmus, kwashiorkor or marasmic kwashiorkor. Inadequate energy and protein intake is often accompanied by deficiencies of other essential nutrition namely vitamins and minerals.
163. According to the 1999 Tanzania Reproductive and Child Health Survey (TRCHS) prevalence of stunting continued to be around 44 %, amongst children under five years of age, with 17 % being severely stunted. Although wasting rose from 6 to 7 % in the 1991/92 and 1996 respectively (TDHS 1992 and 1996), it decreased to 5.4. % in 1999 (TRCHS 1999). Underweight children decreased from 7.8 in 1996 to 6.5 % in 1999. In both cases, children living in rural areas suffered more compared to their urban counterparts, with 48 % being stunted compared to 26 % in the urban area.
164. Adult malnutrition is also a problem in Tanzania. The commonly used Index to assess adult malnutrition is the Body Mass Index (BMI), which is derived by dividing the weight in kilograms by the height in square metres, with a cut off point of 18.5. The results of the 1996 TDHS showed that a non-pregnant women had a BMI of less than the 18.5 cut off point, reflecting a high rate of malnutrition in this group. According to a study done in 7 districts of Tanzania Mainland in 2002 on Low Birth Weight (LBW), risk factors, services and care provision, there was high prevalence of malnutrition among mothers assessed at 4-6 weeks postpartum. The proportion of mothers with low BMI ranged between 0.8 and 13.8 %. Higher proportions of mothers aged 16 to 18 years were malnourished compared to older mothers (over 25 years).
165. Height is a good indicator in identifying women at nutritional risk. In addition maternal height is used to predict the risk of difficult in delivery. According to TDHS 1996, 17 % of the women measured below 150 cm. According to the 2002 study, short maternal stature was common, ranging from 7.2 to 30.3 %. Adolescent mothers were significantly shorter than elder mothers.
166. Regarding low birth weight (LBW) a baby borne less than 2.50kg is an outcome of adverse pregnancy leading to a lot of implications on newborn’s subsequent survival, growth and development. LBW is a result of multiple conditions pregnant women are exposed to, before and during pregnancy. These include pre-pregnancy under nutrition, some infection and adolescent motherhood, maternal anaemia, use of drugs and alcohol. LBW babies have an increased risk for prenatal and neonatal mortality and morbidity. According to a study in the year 2002 in seven districts, that is Mbarali, Ngara, Magu, Songea, Musoma, Karagwe and Kilosa Districts, prevalence of LBW (less than 2.5 kgs) was high, ranging from 7.9 % to 21.1 % of new births. Mean birth weights were significantly lower in adolescent mothers.
Anaemia
167. Anaemia results into reduced physical as well as mental capacity. There is also a correlation between anaemia and low birth weight, birth defect and reduced immunity among children. In pregnancy, there is increased morbidity and failure to withstand normal blood loss during delivery, both of which could be immediate cause of maternal deaths and thus jeopardizing childcare, which tends to be maternal oriented.
168. In 1993, a community based study conducted in Mainland Tanzania for 10 districts implementing the Health Nutrition Programme (HNP) revealed the prevalence of anaemia haemoglobin (HB) level of less than 11.0g/dl among 1,032 pregnant women investigated, ranged from 13.9 % in Singida Rural District to 79.9 % in Lindi Rural District (MOH, THNS, 1994). In the same study, anaemia prevalence among children under five years of age ranged between 27.2 % in Iramba District to 94.8 % in Liwale District. According to the data collected in 1998 through the Tanzania Anaemia Surveillance System among the 6218 children under five years of age, 61.9 % of the children had anaemia problems.
Iodine deficiency disorders (IDD)
169. IDD manifests itself mainly as goitre, which is the major observable sign, but with more serious effects like cretinism, mental retardation, cretinoidism and other neurological manifestations. On the basis of the spot surveys conducted in the 1980s and 1990s, it is estimated that 27 % of the Tanzania population lives in areas which have deficient iodine deficient and therefore are at risk of developing IDD. It is estimated that 24 % of the population has been affected by IDD. Further estimates attribute 30 % of prenatal deaths to iodine deficiency. According to the evaluation undertaken in 1999/2000 there is an indication that the IDD problem has declined as indicated by a drop in goitre rate from 67.6 in 1988 to 23.5 in 2000. Salt iodation that has risen from 0 % households in 1990 to over 80 % households in 2000 has contributed greatly to the improvement.
Vitamin A deficiency
170. VAD is manifested by low levels of serum retinal and/or exophthalmia. The deficiency affects the eyes, particularly those of young children and if not controlled might lead to blindness. Both mild and severe forms of VAD are associated with morbidity, mortality and growth retardation. Vitamin A plays an important part in vision, growth, reproduction, maintenance of epithelial cells and body immunity.
171. The results of a prevalence study undertaken by the Tanzania Food and Nutrition Centre (TFNC) in 10 regions of mainland Tanzania, indicated that 24 % of children aged 6 months to 6 years had VAD. It was also documented that approximately 69 % of women in the country had breast milk retinal levels below 30ug/dl, implying that VAD is a serious public health problem in Tanzania.
172. Measures undertaken to address PEM and Micronutrient Deficiencies include the following:
- Advocacy and public awareness creation;
- Strengthening IEC on infant and young child nutrition;
- Capacity building in lactation management, breastfeeding and HIV and infant feeding counselling and Baby Friendly Hospital Initiative (BFHI) among others;
- Strengthening the counselling component of breastfeeding and infant feeding in HIV and AIDS through Training of Trainers (TOTs) and counsellors, adoptive and translating WHO/UNICEF manuals and dissemination of IEC materials.
- Strengthening the BFHI. During 2003, out of 128 hospitals trained and assessed, 59 hospitals declared were baby friendly.
- Enhancing implementation and monitoring of the National Regulation of Marketing of Breast Milk Substitutes and Designated Products Regulation of 1994 by training Authorized Officers, National Code monitors and regulating advertisements in different media and health facilities.
- The National Food and Nutrition Policy is in the process of review. So far, aspects of poverty eradication and nutrition care and support for people living with HIV and AIDS have been included.
- A National Guide on nutrition care and support for people living with HIV and AIDS was developed, together with guidelines for health eating for people living with HIV and AIDS.
- Continued with the implementation of the Micronutrient Deficiency Control Policy Guidelines for supplementation of special groups issued in April 1997.
- Implementation and monitoring of the National Regulation of Marketing of Breast Milk substitutes and designated products.
- A National Food Security Policy is being formulated and will take care of vulnerable groups affected by food insecurity particularly children under the age of five years.
173. Challenges with regard to implementation of nutrition activities include:
Water and sanitation
174. According to the Household Budget Survey (HBS) 2000/2001 on Tanzania Mainland, poverty is widespread and deeper in rural areas where about 77 % of the total poor population live. This reaffirms the Government rationale for an increased focus on social development in rural areas. The HBS data analysis on progress regarding water and sanitation sector shows that more ground work is still ahead. About 54 % of the poorest segment of the population still walks long distances to water sources for domestic consumption.
175. Under the structural and institutional reforms, the Government approved the Revised National Water Policy on 27th July 2002. The policy provides guidance on such important aspects like water as a finite economic good, which has value and which must be paid for. Water sources must be sustainable managed while emphasize should be kept on equitable allocation and environmental conservation. At the same time, water basins should be instituted to be administratively practical and as planning units for integrated water resources management and coordination.
176. The policy provides for aspects of community participation in provision of water supply through demand responsive approaches; public/private sector partnerships; inter-sectoral coordination, collaboration and information sharing; gender awareness and mainstreaming; the use of appropriate technologies. Furthermore the policy provides for promotion of rain water harvesting technologies and setting up of an appropriate institutional and regulatory framework. Community participation is core since it aims at promoting sense of ownership of water schemes in the communities.
177. The public/private partnership strategies include the privatisation of utility parastatals, like the Dar es Salaam Water Supply Authority (DAWASA). The public/private partnership in collaboration with the community, encourage private companies to construct water schemes in collaboration with communities.
178. Good supplies of water and sanitation services contribute positively to poverty alleviation through reduction of energy time spent in fetching water, and increase in health standards. Generally, a water and sanitation service contributes directly and indirectly in increasing socio-economic welfare of the society including ensuring a conducive environment for increased school attendance.
179. Since 1998, progress has been made in water and sanitation sector. These include:
180. The introduction of Participatory Hygiene and Sanitation Transformation (PHAST) and other participatory methodologies at the village level has succeeded in promoting hand-washing habits after use of latrines, at the household level and in schools. The Ministry of Health and Ministry of Water and Livestock Development in collaboration with UNICEF, supported the development of PHAST as a key methodology for community-based hygiene, water and sanitation.
Children with disabilities (art. 23)
181. Government has included the aspect of children with disabilities in the National Population and Housing Census of 2002 so as to generate information for understanding the magnitude of the problem and initiate programmes to support this problem.
182. The Muhimbili Orthopaedic Institute (MOI) has been established whereby children with disabilities are given priority care. Given that Muhimbili serves very few children with disabilities, there is a need for enhanced access for all children with disability.
183. The Government has developed initiatives for the establishment of Early Childhood, Care and Development Programme. A pilot programme has been started in Kibaha District. Through this programme early identification of children with disabilities will also be carried out for early prevention.
184. Efforts have been made to ensure that placement in institutional care of children with disabilities is a measure of last resort.
185. Special programmes have been established for the visually impaired, intellectually
impaired, hearing impaired, deaf, physically impaired and autism. Table 10 shows the number of special schools and units integrated to regular school and primary schools:
Table 10
Special, regular and primary schools
Group of disability |
No. of special schools |
No. of units integrated into regular schools |
Visual |
3 |
28 |
Hearing |
7 |
22 |
Intellectual |
5 |
104 |
Physical |
1 |
3 |
Deaf/ blind |
- |
1 |
Autism |
- |
1 |
Total |
16 |
159 |
Source: Ministry of Education and Culture (URT), 2003
186. Currently there is only one Teacher Training College, which trains teachers for children with disabilities
187. Zanzibar Association of the Disabled ZAD has a comprehensive Community-Based Rehabilitation Programme (CBRP) for supporting people with disabilities (especially children). This is a pilot program involving two districts in Unguja, and one district in Pemba. A survey to determine the status of children with disabilities in Zanzibar has been conducted by ZAD. Presently, 1,548 children are in this programme. Table 11 shows categories of Children with Disabilities in Zanzibar.
Table 11
Categories of Children with Disabilities
Type of disabilities |
Female
|
Total
|
|
Deaf/Speech problems
|
139
|
126
|
265
|
Visual
|
30
|
32
|
62
|
Epilepsy
|
47
|
41
|
88
|
Albino
|
21
|
21
|
42
|
Mental
|
101
|
76
|
177
|
Physical
|
250
|
200
|
450
|
Multiple
|
203
|
164
|
367
|
Hydrocephalus
|
31
|
12
|
43
|
Others
|
26
|
28
|
54
|
Total |
848
|
700
|
1548
|
Source: The Zanzibar Association of the Disabled
(ZAD).
188. Other NGOs working with people with disabilities include the
Zanzibar National Association of the Blind (ZANAB) and the Zanzibar
Association
of Parents of Children with a Mental Handicap (ZAPMH).
189. The survey
conducted in 1998 under CBR, revealed that 50% of the population is under 15
years old. It is estimated that there
are 3,000 children with disabilities.
Another survey conducted by ZANAB in only one district, discovered that about
1,003 people
out of 4,000 are people with disabilities. Of these, 60% are under
19 years of age.
190. The Government of Zanzibar in collaboration with
the ZAD has established 3 vocational training centres for persons with
disabilities.
So far, 27 people have been trained, of whom12 are male and
15 are female.
191. ZAD has 65 trained volunteers in two districts (North
‘A’and central District), 65 trained traditional birth attendants
and 20 trained traditional healers in four districts. These community resource
persons work on detecting common childhood disabilities.
192. The Mnazi
Mmoja Government Referral Hospital has initiated congenital Malformation
services with which a total of 41 disabled
(25 males and 16 females) have been
supported for medical and surgical interventions.
193. The Government of
Zanzibar through the Ministry of Education, Culture and Sports in collaboration
with ZAD, has introduced an
inclusive education programme aiming at enabling
children with disabilities to learn in normal classes with other able
children.
194. ZAD, with the support of Save the Children’s Fund,
is improving community-based rehabilitation, with the aim of increasing
the
skills of disabled people to enable them to be independent.
HIV and AIDS
195. HIV and AIDS has become the single most important factor threatening human development in Tanzania. About 12 % of the adult population is estimated to be infected by HIV. HIV and AIDS has now become the leading cause of mortality among the sexually active population and may soon be among the top three causes of death among under fives. It is currently estimated that there are two million orphaned children as a result of AIDS and the number is still increasing fast. However, efforts undertaken to combat the pandemic include:
196. Prevention of Mother to Child Transmission Programme (PMCTP) has been implemented as a pilot project in Tanzania since 1999. The implementation has been undertaken in five pilot sites of referral hospitals of Muhimbili, Bugando, KCMC, Mbeya and Kagera and it has been on going since mid – 2000. A Task Force led by the Ministry of Health coordinats the efforts together with National Aids Control Programme (NACP) and UNICEF. The PMTCTP package consists of Voluntary Confidential Counselling and Testing for HIV (VCCT) through Anti-Natal Clinics (ANC) and follow-up care and treatment for the HIV positive, including advice on infant feeding option. The project provides support for setting up of counselling facilities, training of counsellors and supplies of drugs or testing as well as anti-retroviral therapy. Much focus in the existing pilot project on PMTCTP has been given to preventing the transmission of HIV infection and ensuring survival of the child.
197. As from July 2001, approximately 17,000 Ante-Natal Clinics (ANC) clients were voluntarily counselled and tested by the PMTCP project. Out of these, 35 % have used free Voluntary Counselling and Testing (VCT) services, 85 % opted for testing, 5,050 AVC clients tested and 13 % were tested positively for HIV. African Medical Research Foundation (AMREF) through Angaza Programme, a Tanzanian initiative, is undertaking other efforts for VCT
198. In order to create awareness on the impact of HIV and AIDS, various institutions have carried advocacy and awareness programmes. These institutions have carried activities on promotion of HIV and AIDS and STIs education, life skills, vocational training, STIs management, HIV testing and counselling of children and out of school youths.
199. In order to have a better order of the HIV situation in
Zanzibar, the Zanzibar AIDS Commission (ZAC) has prepared a Situation
and
Response Analysis Report in 2003 as a first step towards full preparation of a
Strategic Plan. The report reveals a marked level
of incidence. Currently it
is estimated that the HIV prevalence in the general population is 0.6%. Women
show infection rates that
are four to six times higher than their male
counterparts. It is estimated that more than 600 Zanzibarians have died of AIDS
since
the first case was identified in 1986. To date, 500 AIDS orphans have
been registered with NGOs dealing with HIV and AIDS orphans
and around 6,000
adults and children are estimated to be living with HIV and AIDS.
200. It was found that over 95% of the population of Zanzibar is aware
of the pandemic. Translating this awareness into behavioural
change remains a
serious challenge particularly among vulnerable groups such as young
people.
201. The Zanzibar Response Analysis Report clearly revealed that
the nature of the national response to the pandemic has been weak.
For example,
although a number of Ministries established focal point persons on HIV, they
never really functioned. The Technical
Committees for HIV and AIDS under ZACP
established by the Ministry of Health and Social Welfare (MOHSW) did not fully
implement the
mandates given to those committees. The special Task Force of
Principal Secretaries on HIV and AIDS has never functioned. Although
the health
sector was active, the sector failed to develop HIV and AIDS health sector
policy public or even mainstreaming HIV and
AIDS activities within the sector.
The Zanzibar Government formulated Zanzibar National Strategic Plan on HIV and
AID for the period
2003 – 2007. The main objective of this strategic plan
is to ensure that the HIV pandemic is contained through a multi-sectoral
involvement of as many partners and actors as possible and also focus attention
on priority groups so as to reduce the impact of
the pandemic and minimize
spread of HIV transmission to the general population.
202. Sexual
intercourse, accounts for more than 90 % of HIV transmission in Zanzibar.
HIV transmission through body fluids and blood
contacts in hospital
settings is controlled or minimized though standard screening and sterilization
procedures of invasive equipments.
HIV transmission through piercing and other
surgical invasive equipments accounts for the remaining factors. Guidelines or
directives
have been provided to ensure antiseptic techniques are in use in all
health facilities. Data from ZACP estimates that about 4% of
HIV transmission
is of vertical nature (mother to child transmission) inclusive of breast-feeding
period.
203. Through the Department of Social Welfare, the Government of
Zanzibar has put in place programmes for the care and maintenance
of deprived
children including orphans from parents’ victims of AIDS. Religious
institutions particularly African Village
and other charitable organizations
such as ZAWCO, ZAPHA, ZAMWASO, and ZASO, donate a variety of items including
food, school uniform,
educational equipment, mattress and bed nets to these
vulnerable children including orphans as a result of AIDS.
204. Abortion cases do appear in Zanzibar community. Identification and registration occur in hospital only where the cases are attended and hospitalised. There is no data showing abortion cases at hand.
Female genital mutilation (FGM)
205. In November 2001 The Government launched the East African Network on the Elimination of Female Genital Mutilation (FGM)-Tanzania Chapter. The objective of the Network is to facilitate sharing of information, materials and exchange of experiences among members of the network on the elimination of FGM in their respective areas. National Action Plan for the eliminations of FGM has been prepared so as to protect women and girls against the practice. The GoT, NGOS and other development partners, has taken measures to conduct massive advocacy campaigns, which included training mass media practitioners, so as to sensitise the communities on issues concerning FGM. In this regard the following achievements have been made:
206. In addition, efforts have also been taken by the
Government of URT in Tarime District of Mara Region, in which the NPA was
introduced
to the officials, where FGM hazards were introduced to the
traditional healers of all the ethnic groups.
Mental
health
207. In Zanzibar mental health cases are handled mainly at
Kidongo Chekundu Hospital. Less serious cases are handled in Pemba at Chake
Chake and Abdalla Mzee Hospital. Table 12 shows the patients who received
services in years 2001 up to 2003 at Kidongo Chekundu
Hospital.
Table 12
Mental health patients 2001/2003
|
Total
|
Male
|
Female
|
Total
|
Male
|
Female
|
New attendants
Re-attendants
From OPD
Follow up cases
|
172
325
347
9,161
|
120
182
185
-
|
52
143
162
-
|
207
499
803
9,899
|
131
338
374
4,587
|
76
161
429
5,312
|
Source: Mental Health Hospitals Zanzibar
208. The Government of Zanzibar has established a Board for the Mental Hospital under the Ministry of Health. The Major role of the Board is to monitor all children with related mental cases as well as their physical and psychological well-beings.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES (Arts. 28,29,31)
Aims of education (art. 29)
209. Government of the URT is implementing the Primary Education Development Plan (PEDP) 2002 - 2006 as a strategy for the implementation of the Education Sector Development Programme (ESDP) in Tanzania Mainland. The Implementation of PEDP started in January 2002 with the following objectives:
- Adequate teaching and learning materials
- Adequate and qualified teachers are in place and
- To strengthen primary education management system so as to increase efficiency in education services delivery.
210. Tangible PRS indicators are reflected in the implementation of PEDP. Gross enrolment reached 105.3% in 2003 above the set target of 85 % compared to 77.6 % in 1990 while net enrolment rose from 58.8 % in 1990 to 88.5% in 2003. This is in response to the abolition of school fees and other contributions, school concerted enrolment campaigns supported by all levels of government and communities, including construction of new classrooms, recruitment of additional teachers and improvement of nutritional intake. Tables 13, 14 and 15 show the Gross Enrolment Rate (GER) and Net Enrolment Rate (NER) between year 2000 and 2003 for children aged 7-13 years and primary school enrolments in standard one (7 years old).
Table 13
Gross Enrolment Rate (GER)
Year |
Total number of Children 7 – 13 years |
Total number of children in school |
Percentage |
2000 |
5,646,293 |
4,382,362 |
77 |
2003 |
6,229,830 |
6,562,772 |
105.3 |
Source: Ministry of Education and Culture, 2003
Table 14
Net Enrolment
Year |
Total number of children 7 – 13 years |
Total number of children in school |
Percentage in school |
Percentage out of school |
2000 |
5,646,293 |
3,309,977 |
58.6 |
41.38 |
2003 |
6,229,830 |
5,515,793 |
88.5 |
11.5 |
Source: Ministry of Education and Culture, 2003
Table 15
Primary School Enrolments in Standard One
Year |
2002 |
2003 |
Total |
PEDP Targets |
1,500,000 |
1,600,000 |
3,100,000 |
Actual Enrolment |
1,632,141 |
1,481,354 |
3,113,495 |
Source: Ministry of Education and Culture 2003
211. Table 16 shows improvement in the construction of classrooms, teacher houses, desks and toilets between years 2002 – 2003 through PEDP.
Table 16
Rehabilitation of Physical Infrastructure
Year |
Classrooms |
Teacher’shouse |
Desks |
Toilets |
2002 |
61,006 |
25,639 |
1,320,186 |
50,747 |
2003 |
80,691 |
27,156 |
1,407,283 |
88,990 |
Increase |
19,685 (24%) |
1,517 |
89,097 (66%) |
88,243 (26%) |
Source: Ministry of Education and Culture, 2003
212. Through PEDP, 17,854 teachers have been recruited and 6,000 teachers are under alternative employment, which makes a total of 23,854 teachers.
213. As to the implementation of the Education and Training Policy of 1995, a total number of 7,212 Pre Primary schools both government and Private schools have been established.
214. In providing quality education, the Ministry of Education and Culture (MOEC) has a target of providing teaching and learning materials to all primary schools and has the intention of having a pupil book ratio of 1.1.
215. Table 17 shows the budget allocated under the implementation of PEDP in 2002/2003. This programme is funded though a “basket – funding” arrangement which involves several donors.
Table 17
PEDP Budget 2002/2003 (T.Shs.000m.)
Funding |
TShs. (000m.) |
% |
Allocation |
TShs.(000m.) |
% |
Government |
175.1 |
60.4 |
Capitation |
70.1 |
24.2 |
Donors |
114.6 |
39.6 |
Other Charges Development Miscellaneous (inc. Salaries) |
13.7 51.4
154.5
(138.4)
|
47.3 17.7
53.3
(47.8)
|
Total |
289.7 |
100 |
Total |
289.7 |
100 |
Source: Ministry of Education and Culture, 2003
216. To date 202 satellite schools have been established to reduce walking distance to school. It is the intention of Government to create child friendly environment so as to retain children in schools especially girls. One of the strategies of creating child friendly environment is to construct toilets so that the ratio becomes 1:40 for boys and 1:25 for girls. Construction of such toilets is an on going activity.
217. In an effort to improve education performance, the Government of Tanzania has adjusted pass marks for Standard IV and VII to 45 and 61 respectively.
Child Friendly Schools (CFS) initiatives
218. Pilot Child Friendly Schools (CFS) have been established in 11 districts of Kisarawe, Musoma Rural, Masasi Ngara, Mufindi, Songea, Hai, Kinondoni, Magu and Ilala. The vision of the initiative is to make schools conducive for teaching and learning as well as to promote child rights through child friendly schools. The objective of these initiatives is to involve all social organizations to establish a prototype CF Schools, where schools collaborate with actors in other sectors and the local communities to identify the needs of children..
219. The Government of Zanzibar has established the
Zanzibar Education Master Plan (ZEMAP), with the goal of delivering quality
education
in Zanzibar.
220. Special emphasis is given to girls’
students by introducing 2 special classes of science subjects for girls. The
plan
is also being completed to widen the chance for girls to learn social
studies/science. The number of girl students in higher learning
institutions
has increased from 89, 964 in 1999 to 122,279 in 2003.
221. The Ministry
of Education, in collaboration with ZAD has introduced special classes for
impaired students. 7 units of this kind
of classes have already been opened for
202 children with disabilities like eyesight, mental retardation and slow
learning or intellectual
capacity.
222. More of children go to school due
to reduction in walking distance after numerous schools have been established
close to homes
the current walking distance from the furthest village to a
school is now 3 kilometres.
223. The Government of Zanzibar has made
efforts to increase the number of trained teachers. The following trend shows
justification
of this statement; About 5676 (2545 males and 3131 females)
teachers’ were trained before June, 2003. This number has increased
to
6584 (3829 males and 3735 females) by June, 2003. Also 250 teachers (52 males
and 49 females) attended teachers training through
distant learning programme in
various centers. The Government has opened a branch of Teachers Training College
(TTC) in Pemba.
224. In Zanzibar the private sector is licensed to
provide education and has provided more opportunities for learning since 1999.
A total of 250 schools have been registered.
225. As a way to minimize
psychological problems among students, a special programme on guidance and
counselling has been introduced
in all government schools. At least
2 Counsellors are available in each school. Moral Ethics, Environmental
Studies (MEES) and Life
Skills Education have been introduced in all Government
Secondary schools.
226. Teacher- student ratio however is still not good.
The Government policy so far does not allow the private sector to open Teachers
Training Colleges in Zanzibar. This leads to a limited number of trained
teachers.
227. The Government of Zanzibar also aims at improving
pre-primary schools so as to ensure that access to quality education begins
at
early stages. The Ministry of Education, Culture and Sports is now discussing
the possibility of having a policy for Early Childhood
Education and Development
(ECED). The Aga Khan Foundation has been supporting this programme in the
country.
228. The Government has made efforts to increase the possibility
for youth to compete in the labour market by improving their skills,
knowledge
and quality of their education. Alternative education has been provided for
supporting students who failed to complete
basic education to attend non-formal
education schools. Otherwise those who have not been sent to schools during
their school age
follow the same experience. So far, five classes have been
opened.
Education, including vocational training and guidance (art.
28)
229. The Government of Zanzibar has adopted free education policy
for all school-aged children since 1964 so as to make the rights
to education
accessible to all children. This policy is for Government Secondary and Primary
education, which is from standard one
up to Form Six.
230. More new
schools have been built under both Government and community support. About 272
new schools were built by the year 2002
and other 7 schools are under
construction.
231. School enrolment rate has improved from an average of
80 % from 1998-2000 to 100 % in 2001. All children aged 7 to 13 are
now
enrolled for standard one.
232. The number of schools (pre-primary,
primary and secondary) has increased from 293 in 1999 to 415 in 2003. Recently,
three Higher
Learning Institutions have been opened and students are able to
acquire degrees in both the Arts and Science Faculties. Secondary
Schools have
also been increased. There are 38 Schools as shown in table 18 below.
Table 18
New Secondary Schools in Zanzibar
Number of new schools
|
|
West
Central
South
North ‘A’
North ‘B’
|
4
4
4
4
3
|
Mkoani
Chake
Wete
Micheweni
|
5
5
5
4
|
Total
|
38
|
Source: Ministry of Education Culture and Sports,
2003
233. The Zanzibar Educational Policy has been reviewed to promote
higher standards of education.
Secondary education
234. Having attained great outputs in the Primary Education Development Plan (PEDP), the Government decided to direct its efforts to Secondary Education, which apart from being vital for sustainable economic take off of the country, it has an input to great social benefits crucial for the modernization and development of society as a whole. The Secondary Education Development Plan (SEDP) 2004 – 2009 is an essential and timely sequel to PEDP to enable effective transition from the expanded primary to public secondary schools. The Government has been supporting girls from poor families to continue with secondary school education through a special programme known as Girls Secondary Education Support Programme (GSESP)
235. The SEDP outlines the framework for achieving greater access to secondary education while simultaneously addressing aspects of equity, retention, and quality and management issues. SEDP also addresses the Government policy on decentralization of the management of delivery of social services, including education and focuses also on capacity building for the central government in order to improve execution of its core functions of policy formulation, provision of a responsive regulatory framework, quality assurance, and improved monitoring and evaluation.
236. The overall goal of SEDP is to increase the proportion of Tanzania youths completing secondary education with acceptable learning outcomes. The Plan has five Programme areas:
237. Development for the Secondary Education Plan is in progress in Zanzibar. Targets for improving secondary education include:
- Expansion of enrolment of students from 19.5 % to 50 % by 2015.
- Give equal opportunities to regions and districts achievements.
238. Meanwhile remarkable achievements have been made during the process of improving the quality of secondary school education. The major achievements are:
- Increase in the number of secondary schools by 6 %.
- Number of students has increased by 8 %.
- Short and long courses have been provided to teachers.
- Funds for purchasing teaching and learning materials have been released for 622 schools.
- Renovation and rehabilitation in 63 schools.
- Best performance in schools has increased from 38 to 45 % for boys of form four classes.
Complementary Basic Education in Tanzania
(COBET)
239. In recent years several initiatives, including
Access and Complementary Basic Education in Tanzania (COBET) has been taken with
support from UNICEF and NGOs. The main focuses of this programme is to ensure
that child who are unable to access formal schooling
are able to enjoy their
rights to basic education. Main characteristics of COBET include free education
for adults. The primary
learning cycle of standard I to V was decelerated from
5 to 3 years.
Leisure, recreational, cultural activities (art.
31)
240. According to the Government of Tanzania Cultural Policy
(1997) children must be availed every opportunity for cultural development.
This
is specified in the following terms:
Leisure recreation
241. Current cultural
programmes give special priority to children’s cultural activities.
Among these are:
Financing
levels
242. Children’s recreational or cultural activities
utilize about one percent of the total budget for culture.
Legal
aspects
243. There is a growing tendency to assign children of very
young age prominent roles in various ceremonial events particularly weddings.
Often children in these roles are engaged for long hours, depriving them among
other things, their right to rest. Secondly, there
is the problem of beauty and
fashion contests in which children are being used to generate incomes for others
while they themselves
gain little or nothing at all.
244. Play grounds are available in all Zanzibar Government
schools as well as in private schools. Opportunities for leisure and
recreational
activities are more affordable and effective in urban areas rather
than in rural areas. Leisure and recreation facilities are more
available in
schools than in public areas.
245. There are three 3 official stadia
in Zanzibar (Two in Unguja and one in Pemba). There are two official children
playgrounds in
Zanzibar, one in Unguja and one in Pemba. However, the condition
of these grounds is not good. The environment in these grounds
needs to
consider the best interests of the child.
246. In 2003 the Zanzibar
under 19-year olds football team won the CECAFA Cup.
VIII. SPECIAL PROTECTION MEASURES
Refugee children (arts. 22 and 38 (1))
247. Over 520,000
refugees have settled in the Western part of Tanzania. This has made Tanzania
the largest refugee host country
in Africa. Among these 100,000 children are
under five years of age while 200,000 are school aged children and youths. Over
20,000
new babies are born within the camps every year.
248. In order to
ensure the protection of asylum seekers and unaccompanied children especially
girls, the Government of URT has instituted
measures, which will ensure their
adequate protection. All refugees and asylum seekers, including unaccompanied
girls, are properly
registered and documented upon arrival at entry points
before they are sent to designate areas.
Implementation of policies
and programmes to guarantee their adequate access to health, education and
social services
249. Refugee children have adequate access to health,
education and other social services. During the implementation of refugee care
and maintenance programmes, particular attention is given to the special needs
of refugee children. Refugee children enjoy health
care just like any other
refugee, they have access to informal and formal education provided in camps as
well as to other social
amenities like water provision and recreation
facilities.
250. A National Refugee Policy of 2003 has been adopted by
the Government. It covers various aspects of the management of refugee
matters
in Tanzania. There is in place, the Refugee Act, which was enacted in 1998.
This law protects the interest of the child
through various provisions. Section
35 of the Act deals with reunion of the family, where the child can be reunited
with his/her
mother or father or his/her relative. The Act is silent on the
issue of unaccompanied children. Section 31 (1) of the Act makes
primary
education compulsory. According to the Act, every refugee child shall be
entitled to Primary Education in accordance with
the National law and every
refugee adult who desires to participate in adult education shall be entitled to
do so in accordance to
the Adult Education Act.
Review of standards
and procedures in the asylum process to ensure consistency with the
international standards
251. Refugee children, like any other
refugees, enjoy access to the existing asylum procedures in the country. During
emergency situations
whereby refugees enter en-masse, refugee children
undergo the same processes, such as the screening process at entry points or
reception centres, registration, medical
examinations, access to food and
non-food items.
Special procedures for refugee children, especially
those separated from their families
252. Some administrative
procedures are used in refugee camps to deal with the problem of refugee
children who have been separated
from their families during the fighting.
Normally such children are attached to foster families, which would ensure that
all the
basic necessities of those children are met. Attempts to trace family
members are made through the family-tracing programme conducted
by the Tanzania
Red Cross Society (TRCS).
Policy to permit refugees married to
Tanzanians, irrespective of gender, to obtain residential status and/or
naturalization and further
guarantee the rights of the children of such
unions.
253. There are some documented cases involving marriage
between male Tanzania nationals and refugee women. Since the law does not
allow
these head of families to live in the refugee camps, unless one has been
employed inside the camp, the Refugee Department usually
advises them to process
dependant passes for their spouse with the Immigration Department. This would
allow them to live with their
refugee wives outside refugee camps and later on
if they so wish, may process naturalization through the existing
procedures.
Cooperation with the office of the United Nations High
Commission for Refugees (UNHCR)
254. The government of URT has
instituted measures through its cooperation with UNHCR and other component
intergovernmental organizations,
or non-governmental organizations cooperating
with the UN, to protect and assist unaccompanied children to trace the parents
or other
members of the family of any refugee child in order to obtain
information necessary for reunification with his or her family. For
example, in
the refugee camps situated in Western Tanzania TRCS has established family
tracing programmes where all refugees including
refugee children have access to
it. Through this programme many unaccompanied refugee children have benefited a
lot since the programme
has enabled them to be re-unified by their relatives
within the country as well as outside the country.
Administration of
juvenile justice (art. 40)
255. The country’s first juvenile
court was established in 1997 in Dar es Salaam and similar courts have been
established in
other regions. Efforts are underway to establish them in Mtwara
and Mbeya regions. However, it is the intentions of the Government
to ensure
that the juvenile justice system is available and accessible to all children. In
Tanzania, district courts are designated
juvenile courts, when a case involves
juveniles. This is in accordance with the Children and Young Persons Ordinance,
Section 3.
It provides, inter alia that such cases should as far as
possible be heard in camera to maintain the privacy of the child, except where
the child charged
with an adult. On the other hand, the Prisons Act, 1967
provides that juvenile offenders should not be confined together with
adults.
256. In Zanzibar, a child under the age of 12 years cannot be
accused for any criminal case. According to Act 11 of 1986.
257. In
Zanzibar, Juvenile Courts are established in Zanzibar under Section 3 of the
Children and Young Persons Decree, Chapter 58
and Magistrate Court’s Act,
1985. The juvenile courts are maintained by Regional Magistrates and are
established for the purpose
of hearing charges against children or young
persons. A Juvenile court may try a child or young person in accordance with
section
8 of this Decree for any offence other than
manslaughter.
258. Juvenile delinquents in remand or jail are by law
supposed to be separated from adults. In compliance with the CRC (Article 40),
the Decree in Zanzibar imposes certain standards of treatment and reaffirms a
number of established procedural guarantees for children
in conflict with the
law. In particular, the Decree demands treatment that is consistent with the
promotion of children’s sense
of dignity and worth. Consistent with the
CRC (Article 3) the Decree embraces the best interests of the child as a primary
consideration
in all court proceedings relating to children.
Children
deprived of their liberty (art. 37)
259. Currently there are five
Remand homes on Tanzania Mainland situated in Tanga, Moshi, Arusha, Mbeya and
Dar es Salaam. Remand
Homes are managed by Social Welfare Department, but
commitment of children to Remand Homes is done by the courts. There is only one
Approved School, which is at Irambo – Mbeya Region. It caters for boys
only. Measures taken to improve the situation of Remand
Homes include:
Children in situations of exploitation, including physical and psychological recovery and social reintegration (art. 39).
260. Appropriate measures for psychological recovery
and social reintegration of the child are being taken. In 1998, the Tanzania
Media Women’s Association (TAMWA) in collaboration with ILO-IPEC entered
into the third phase of implementing the Action Programme
to prevent the
recruitment of girl child domestic workers. This specific Action Programme is
integrated into TAMWA’s core
programme of sensitisation, advocacy and
lobbying for eradication of gender violence and discrimination.
261. The
objective of the Action Programme is to raise awareness of the adverse effects
of child labour among potential girl children
domestic workers and their
families in the catchments areas. This will help to prevent the recruitment of
girl children domestic
workers, to influence to policy and legal changes for
their protection and development.
Child labour (art.
32)
262. Tanzania is among the countries implementing the Time Bound
Programme (TBP) for the Elimination of the Worst Forms of Child Labour,
which
was launched in Geneva in June 2001. The programme is addressing child labour
in commercial agriculture, mining, child prostitution
and domestic services.
The Programme is being implemented in eleven pilot districts. The districts are
Ilala, Kinondoni, Temeke,
Arusha Urban, Arumeru, Simanjiro, Iringa Rural,
Mufindi, Iramba, Kondoa and Urambo.
263. In implementing the TBP, the
Government established the National Inter - Sectoral Coordination Committee
(NISCC) at national
level to oversee and coordinate intervention activities
against child labour in general and the worst forms of child labour in
particular.
The NISCC is assisted by other four (4) sub-Committees i.e
Commercial Agriculture and Mining; Domestic Service and Prostitution;
Education
and Technical; and Monitoring and Coordination of child labour intervention
activities. At local level, the government
has formed District Child Labour
Sub-Committees and appointed District Child Labour Coordinators responsible for
monitoring and coordinating
intervention activities at district
level.
264. The Government in partnership with NGO’s is
implementing a Time-Bound Programme on the Elimination of the Worst Forms of
Child Labour (TBP-EWFCL). This is done, among other things, through mass media.
The aim of the programme is to involve the media
in awareness raising and
community mobilization for the elimination of the worst forms of child labour in
Tanzania. It is intended
to establish an effective mechanism for strategic
media action in the promotion of public mobilization and information campaign
against
the worst forms of child labour and to institutionalise at the district
level an integrated, broad-based and holistic media analysis
and advocacy of the
worst forms of child labour.
265. With the establishment of inspection
guide and the on-going training of Labour Inspectors and Labour Officers on
child labour
matters, Labour Inspectors and Officers are able to understand and
identify the worst forms of child labour. This will enable them
to educate
employers on the evils associated with child labour and advise them on other
alternatives for children.
266. Under the Time Bound Programme, children
working in commercial agriculture are identified, counselled and thereafter
provided
with rehabilitation services, which end up with gradual re-integration
to their families. This is followed by complementary basic
education and
vocational skills training. After the withdraw and skills training,
beneficiaries are provided with small grants to
initiate viable income
generating activities in their respective communities. A total of more than
5,000 children currently working
in commercial agriculture in coffee, tea and
tobacco plantation in Arusha, Arumeru, Iringa Rural, Mufindi and Urambo will
benefit
from this support which will be implemented over a period of 18 months
from May 2003 to November 2004.
267. The Ministry of Community
Development Gender and Children offers Advanced Diploma courses in Community
Development; Gender and
Women Development; and Project Planning and Management
through its Tengeru Community Development Training Institute (CDTI). Three
other training institutions of Buhare, Rungemba and Missungwi offer Basic
certificates in Community Development (BCC). The Ministry
has recently reviewed
Community Development Training Curricula to cover issues of children development
that will also address child
labour issues within the CRC framework, and the ILO
Conventions on the Minimum Age for Employment and the WFCL.
268. The
MCDGC is currently reviewing the National Child Development Policy of 1996 to
incorporate salient issues pertaining to child
development. These include child
participation rights, challenges posed HIV and AIDS pandemic, emergence of
increasing number of
orphans, and issues related to worst forms of child
labour.
269 The TBP involves socio-economic protection interventions
through awareness raising and collective bargaining with employers, workers
and
Trade Unions. This will help in negotiation and formulation of collective
bargaining agreements on prohibition of child labour
in plantations/farms. The
programme will also provide economic empowerment alternative to poor families.
Tanzania has been implementing
the sub-regional programme to combat hazardous
child labour in commercial agriculture.
270. The Zanzibar Constitution
has set the age for employment of 18 years as one may claim for his/her right
for labour charges.
271. Review of labour laws is ongoing under the
auspices of the SLAREA Project being implemented in collaboration with ILO.
272. Special media programmes on children rights, and in particular, on
child abuse, child economic exploitation, have been established
and aired
through Television of Zanzibar (TVZ) and Radio Zanzibar. A weekly broadcast
programme for children rights (Radio Zanzibar)
has been initiated to create mass
awareness on protecting children against all forms of exploitation including
economic, physical
and sexual exploitation.
273. A Child Labour Survey
has been conducted throughout Zanzibar with special emphasis on locations such
as coastal areas where child
labour abuses are intensive. A pilot programme to
remedy the situation in Chwaka, Uroa, Kiwengwa and Mkokotoni for Unguja Island
and Nanguji, Mwambe, Chokocho, Micheweni and Tumbe for Pemba has been launched.
Recently, 62 children have been withdrawn from child
labour and returned to
school in Unguja and the equivalent figure for Pemba is 112.
274. The
Annual ZIFF festival includes workshops for school children (and those out of
school) through the SARA Symposium. At least
two children are returned to
school annually.
Drug abuse (art. 33)
275. The problem of
drug abuse in Tanzania is fast growing especially for the youth and young people
in schools. In an effort to
combat this menace, the Drug Control Commission is
undertaking an extensive mass awareness campaigns so as to reduce the problem.
The awareness campaigns are conducted through special national or international
events such as the International Women’s Day,
the Day of the African
Child, “Nane Nane” Day and International Day Against Drug
Abuse and Illicit Trafficking. In addition, the Commission conducts training
workshops for
teachers, mass media personnel, artist and community leaders. The
Government has enacted a law for the prohibition of smoking cigarettes
in public
places and banning advertisements on smoking cigarettes.
276. In October
2002, the International Anti-Drugs Commission in collaboration with the
Dar
es Salaam City Council introduced a system of treating drugs addicts in the
existing health facilities. Each hospital has a special
doctor for that
purpose.
277. In Zanzibar, a Department of Drug and Substance Abuse has
been established and services are being provided. Zanzibar town has
more
victims that is 173 in 2002 compared to other districts in Zanzibar. The drug
and substance abuse unit provides counselling
and where appropriate refers the
cases for admission to relevant institutions.
278. A number of private
organizations have been established to deal with the problem of illicit use of
narcotic drugs and psychotropic
substance by children and the youth. Such
organizations include the Zanzibar Youth Forum (ZYF), the Zanzibar Youth
Advancement for
Development, Education and Sanitation (ZAYADESA) and ZAIADA.
Rehabilitation centers for mentally retarded children and youths have
been
initiated under the ZYF and Government Mental Hospitals.
Child
abuse
279. The proposed Children’s Law aims at defining child
abuse in the law which comprise any form of harm to a child’s
well being,
including physical abuse, sexual abuse, emotional abuse and neglect. However,
the case of child abuse is increasing
among Tanzania society. The are isolated
efforts from the community groups and associations such as TAMWA and KIWOHEDE
who have been
exposing the incidence of child abuse and advocate for their
elimination.
Child protection
280. Non Governmental
Organizations provide skill training to children so as to be self-reliant. These
NGOs offer programmes that
equip girls with personal life skills and income -
generating activities at the centres and in the community. The activities
carried
out by these NGOs include:
281. Section 156 of the Penal Decree of Zanzibar
strictly prohibits engaging in the act of buying, selling or bartering of any
person
for money or for any other consideration. It is also an offence for a
person to arrange for, or assist a child to travel to a foreign
country, or
obtains an affidavit of consent from a pregnant women for money or their
consideration, for the adoption of the unborn
child of that women, or the
registration of births knowingly permits the falsification of any birth record
or register, or impersonates
the mother or assistant.
282. Child
abduction is an offence. It is an offence according to section 123 of this
Decree for any person, unlawfully to take an unmarried girl out of custody or
protection of her father or mother or other
persons having lawful care. Anyone
who pleads guilty under this section is liable to punishment in prison for three
years. This
is consistent with Article 35 of the CRC.
283. The child
sexual exploitation is strictly prohibited in the Child Survival Protection and
Development Policy, which is monitored
by MYEWCD.
284. Media programmes
on educating the society on the worst forms of child labour are being aired
through TVZ and Radio Zanzibar.
Newspapers, especially “Zanzibar
Leo” and the Newsletter “Sauti ya Watoto” place
special emphasis on dissemination of children’s rights, particularly worst
form of child labour. “Zanzibar Leo” and Radio Zanzibar have
covered almost 9 topics for the year 2003 alone.
Sexual exploitation
and abuse (art. 34)
285. According to a Rapid Assessment conducted in
Tanzania in November 2001, the phenomenon of children engaged in prostitution is
growing quickly and steadily, and developing largely unnoticed. Child
prostitution is found in many parts of the country and highly
pronounced in
major towns and at main truck stops along the highways where state,
administrative, military and commercial activities
are highly centralized.
Prostitution involves quite a number of children including those of 10-17 years
old and in many occasions,
who do not have families, have criminal records of
drug abuse and who have very few social skills and lack parental guidance, love,
affection and care. The findings of the rapid assessments show that, the
problem is attributed to poverty in general; limited educational
opportunities
especially for girls, urbanization as well as cultural practices which favour
early and often forced marriages (that
promote young girls to run away from
rural village to urban centres). Other causes include the apparent preference by
adult males
to young girls to act as sexual partners in the belief that these
girls are free from HIV and AIDS. A survey carried out in 2001
in nine selected
sites in Kinondoni District, Dar es Salaam, revealed there are approximately 450
- 500 children engaged in commercial
sex.
The Second World Congress on
Commercial Sexual Exploitation of Children
286. The Second World
Congress on Commercial Sexual Exploitation of Children was convened in Yokohama,
Japan, from 17 to 20 December
2001. The Congress was a follow up to the first
World Congress of the same name, which was held in Stockholm, Sweden in
August 1996.
The Government of the URT participated in the Yokohama
Congress.
287. The Government of Tanzania adopted the Yokohama Global
Commitment 2001 for protecting children from sexual exploitation. In
implementing the commitment, a time bound programme targeting the worst forms of
child labour, including child prostitution, has
been launched. At one level,
the programme will support the creation of an “enabling policy
environment” to bring about
the elimination of the worst forms of child
labour. The enabling environment strategy includes supporting the development
and implementation
of complimentary education, poverty reduction, adult
employment creation, and health policies to name a few. At the second level,
a
series of targeted interventions will be made and aimed at highly vulnerable
groups of children at district level. At least 5,000
children from 11 districts
in Tanzania engaging in prostitution will be reached through this programme, but
more children will be
saved from entering into prostitution or other worst forms
of child labour. In total, over 30,000 Tanzania children will be reached
through these direct interventions. Lessons learned will provide a basis for
wider replication aiming at the total elimination of
the problem by the year
2010.
288. Article 19 of CRC, advocates inter alia, for state
parties to take appropriate legislative measures to protect the child from all
forms of violence, injury and abuse, including
sexual abuse. Similarly Article
34 of the CRC demands state parties to protect the child from all forms of
abuse. Articles have
been widely domesticated by the enactment of SOSPA, (1998)
and the Penal Decree, Cap 13. (1986) in Zanzibar. The SOSPA has raised
the age
of criminal liability of a child in mainland to 18 years. The definition of rape
now extends to include sexual intercourse
with a girl with or without the
consent of such a girl provided she is under eighteen years old, unless such a
man marries the girl.
Defilement of girls and boys is prohibited under section
125 of the Penal Decree and SOSPA. Any person whether male or female, who
carnally knows any girl or boy, is guilty of an offence and
shall be liable to
life imprisonment, with or without corporal punishment. Also, section 127 of
this Penal Decree protects children
from being procured for prostitution. It is
an offence to procure or attempt to procure, any person of whatever age whether
with
or without the consent of that person, to become a prostitute, within or
outside Zanzibar.
289. Sexual exploitation of children is an
offence under section 145 B(1) of the Penal Decree Acts of Zanzibar which lead
to the commission
of this offence, include acting as a procurer of a child for
the purposes of sexual intercourse or any form of sexual abuse, including
a
person being a client of a child for sexual abuse of indecent exhibition or show
and others.
290. Government has taken further steps to prevent children
aged 9 – 18 years old from entering prostitution.
291. The
Programme for Withdraw, Rehabilitation and Reintegration of child commercial sex
workers has been operating since 1999 in
three regions of Tanzania Mainland
namely Iringa, Mbeya and Ruvuma, and has been supported by ILO/IPEC. The main
objective of the
programme is to prevent, withdraw, rehabilitate and
reintegrate. The programme targets vulnerable children between the ages of 7
– 17 years. By May, 2003, a total of 1200 children in commercial sexual
exploitation have been withdrawn, 850 were placed
in rehabilitation centres and
350 were reintegrated into primary school’s, 16 children in Secondary
Schools and an additional
850 were reintegrated in vocational
training.
Sale, trafficking and abduction (art.
35)
292. There is a high mobility of children across the country
moving as domestic workers from a very young age, and often abused in
the
employers’ houses. Many girls find themselves without any other
alternative than engaging in prostitution. Contrary to
Tanzania cultural norms,
some unscrupulous parents aid and abet in moving these girls to towns to work as
housemaids
293. The Government of the United Republic of
Tanzania signed the International CRC and its optional protocols on
trafficking as well as ILO Convention 182 on the Elimination of the Worst
Forms
of Child Labour. Currently the proposed “Children’s Law”
will take into account protection of children
and cooperation in respect with
inter country adoption. The Law will also address issues of sale, trafficking
and abduction. More
over, Zanzibar has carried a Rapid Assessment bearing
in mind the 1996 Stockholm World Congress on Commercial Sexual Exploitation of
Children.
IX. CONCLUSION
294. The fact that Tanzania is a state party to the CRC and its Optional
Protocols is cogent proof of the country’s commitment
to promoting and
protecting the rights of the child. For that reason, both the Government of the
URT and that of Zanzibar have taken
administrative, legislative and judicial
measures, and with varying degrees of success, aimed at implementing the
provisions of the
CRC. This report has attempted to provide as lucidly as is
possible achievements, challenges as well as plans relating to implementation
of
the CRC. Tanzania is presenting its second country report in fulfilment of its
obligations as a signatory and is looking forward
to a candid discussion of the
same.
List of legislation on children’s issues
Adoption Ordinance, Cap. 335.
Child Development Policy, (URT
1996) Ministry of Community Development, Women Affairs and Children
(MCDWAC).
Child Survival, Protection and Development Policy (Zanzibar,
2000).
Children and Young Persons Ordinance, Cap
13.
Children’s Homes (Regulations) Act, 1968.
Constitution
of the United Republic of Tanzania, 1977.
Day Care Centres Act, 1981
(NO.17) of 1968.
Education Act, 1978.
National Education Expulsion
and Exclusion of Pupils from Schools Regulations of 1979,
GN 130 of
1979.
Penal Code, Cap 16.
Primary School (Compulsory Enrolment and
Attendance) Rules of 1979, GN 129 of 1979.
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