The United Republic of Tanzania is a multiparty republic consisting of the mainland region and the semiautonomous Zanzibar archipelago, whose main islands are Unguja (Zanzibar Island) and Pemba. The union is headed by a president, who is also the head of government. Its unicameral legislative body is the National Assembly (parliament). Zanzibar, although part of the union, exercises considerable autonomy and has its own government with a president, court system, and legislature. On October 28, the country held its sixth multiparty general election, resulting in the reelection of the union president, John Magufuli, with 85 percent of the vote, and the election of Dr. Hussein Mwinyi with 76 percent of the vote for his first term as president of Zanzibar. International and local election observers and civil society noted widespread election irregularities in the pre-election period, on election day, and in the postelection period which affected the credibility of the electoral process. Prior to the election, opposition candidates were routinely disqualified, harassed, and arrested. There were reports of significant and widespread voting irregularities, internet disruptions, intimidation of journalists, arrests, and violence by security forces both in mainland Tanzania and on Zanzibar resulting in an election that was neither free nor fair.
Under the union’s Ministry of Home Affairs, the Tanzanian Police Force has primary responsibility for maintaining law and order. The Field Force Unit, a special police division, has primary responsibility for controlling unlawful demonstrations and riots. The Tanzania People’s Defense Forces include the army, navy, air force, and National Services. The Defense Forces are responsible for external security but also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities maintained effective control over the security forces and directed their activities. Members of domestic security forces committed numerous abuses.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government or on behalf of the government; forced disappearance by the government or on behalf of the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, site blocking, the existence of criminal libel laws even if not enforced; overly restrictive nongovernmental organization laws; substantial interference with the rights of peaceful assembly and freedom of association; refoulement of refugees to a country where they would face a threat to their life or freedom or other mistreatment of refugees that would constitute a human rights abuse; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation where elections have not been found to be genuine, free, or fair; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; crimes involving violence or threats of violence targeting persons with disabilities, members of national/racial/ethnic minorities, or indigenous people; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and use of forced or compulsory child labor.
In some cases the government took steps to investigate and prosecute officials who committed human rights abuses, but impunity in police and other security forces and civilian branches of government was widespread.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were several reports that the government or its agents committed arbitrary or unlawful killings. The Department of Public Prosecution is responsible for investigating whether security forces killings were justifiable and pursuing prosecutions.
In Zanzibar, on the island of Pemba, there were reports that security forces shot and killed approximately a dozen persons as a way to suppress freedom of assembly and expression before the election. On Pemba and the main island of Unguja, security forces reportedly killed a number of persons after the election, including individuals protesting the results of the election.
There were reports of disappearances by or on behalf of government authorities. There were numerous cases of police using “snatch and grab” tactics where authorities arrested individuals who temporarily disappeared and then reappeared in police stations only after social media pressure. The government made no efforts to investigate or punish such acts.
On July 20, police released Sheikh Ponda Issa Ponda nine days after he was arrested and his location not disclosed. He was detained after he released a statement detailing long-held Muslim grievances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits such practices; however, the law does not reflect this constitutional restriction nor define torture. There were reports that police officers, prison guards, and soldiers abused, threatened, or otherwise mistreated civilians, suspected criminals, and prisoners. These abuses often involved beatings.
On September 25, Dar es Salaam police arrested three senior officials from the opposition political party ACT-Wazalendo at their election headquarters. An ACT-Wazalendo representative reported that one of the officials was physically mistreated while in custody.
The law allows caning. Local government officials and courts occasionally used caning as a punishment for both juvenile and adult offenders. Caning and other corporal punishment were also used routinely in schools.
On April 18, police raided a number of bars in Dar es Salaam, including one called “The Great,” where police caned patrons, staff, and managers for ignoring Regional Commissioner Paul Makonda’s order against visiting bars during the height of COVID-19 prevention measures. Video from Arusha taken in April showed an unidentified Maasai man, acting in his capacity as a security guard, caning passersby on the street for not maintaining social distancing guidelines.
In March, seven men were arrested for homosexual activity and purportedly subjected to forced anal exams. Their case was ongoing as of year’s end (see section 6).
According to the Conduct in UN Field Missions online portal, there were two allegations submitted during the year of sexual exploitation and abuse by Tanzanian peacekeepers deployed to UN peacekeeping missions. There were also nine open allegations submitted between 2015 and 2019 of sexual exploitation and abuse by Tanzanian peacekeepers deployed to UN peacekeeping missions. The alleged abuses involved rape of a child, transactional sex with an adult, exploitative relationship with an adult, and sexual assault. As of September, the government had not provided accountability for any of the 11 open allegations.
Prison and Detention Center Conditions
Prisons and prison conditions remained harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions.
Physical Conditions: Prisons continued to hold more inmates than their capacity. Pretrial detainees and convicted prisoners were held together. Convicts were not separated according to the level of their offenses or age.
Authorities held minors together with adults in several prisons due to lack of detention facilities.
Information on the prevalence of deaths in prisons was not available.
Physical abuse of prisoners was common and there were reports of mistreatment during the reporting year. Female prisoners reported they were subject to sexual harassment and beatings by prison authorities.
Prison staff reported food and water shortages, a lack of electricity, inadequate lighting, and insufficient medical supplies. Prisons were unheated, but prisoners in cold regions reportedly received blankets and sweaters. Sanitation was insufficient. In 2018 President Magufuli publicly told the commissioner general of prisons that the government would no longer feed prisoners and that prisoners should cultivate their own food. While some prisons provided prisoners with food, the Ministry of Home Affairs reported that some prisoners were growing food for themselves. The Board of Prison Force Production Agency is meant to ensure prisons have sufficient food supply from their own cultivation projects. Other prisoners, however, reported receiving no food from the prison authorities and relied solely on what family members provided.
Medical care was inadequate. The most common health problems were malaria, tuberculosis, HIV/AIDS, respiratory illnesses, and diseases related to poor sanitation. Prison dispensaries offered only limited treatment, and friends and family members of prisoners generally had to provide medications or the funds to purchase them. Transportation to referral health centers and hospitals was limited. In addition, requests for medical care were often met with bureaucracy which delayed prisoners’ access to health care. While doctors conducted routine checkups in the prison clinics, they did not have adequate testing equipment or medicine.
Administration: Judges and magistrates regularly inspected prisons and heard concerns from convicts and detainees. In addition, relatives of inmates made complaints to the Commission for Human Rights and Good Governance (CHRAGG), which investigated reports of abuse. The results of those investigations were not public.
On the mainland prisoners could submit complaints to judicial authorities. The CHRAGG also served as the official ombudsman. The union Ministry of Home Affairs’ Public Complaints Department and a prison services public relations unit responded to public complaints and inquiries regarding prison conditions sent to them directly or through media.
Prisoners and detainees usually had reasonable access to visitors and could worship freely, with some exceptions.
The law allows for plea agreements designed to reduce case backlogs and ensure timely delivery of justice as well as reduce inmate congestion. Terrorism and serious drug offenses are excluded, so prosecutors do not have discretion to entertain plea agreements in these types of cases.
Independent Monitoring: The law prohibits members of the press from visiting prisons. Generally, access to prisoners was difficult for outside organizations, and the process for obtaining access was cumbersome.
Improvements: According to its 2019 report, the Federal Parole Board continued to pardon prisoners as a means to reduce overcrowding, and 648 prisoners were paroled from 2016 to 2019. On April 26, President Magufuli pardoned 3,973 prisoners, in part due to COVID-19 concerns. A total of 3,717 prisoners were freed, while 256 prisoners who faced death sentences were given alternative sentences. There were examples in the reporting year where the Director of Public Prosecution acquitted pretrial prisoners who had not yet been convicted. The director can withdraw cases on the grounds of a lack of interest in the case or not enough evidence to proceed. In September, 147 were prisoners were acquitted, mostly youth. On May 20, twenty human rights groups, including Amnesty International and Human Rights Watch, wrote President Magufuli, praising efforts to reduce detainee populations but arguing that additional steps were necessary to protect prisoners from COVID-19.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention, although regional and district commissioners have authority to detain a person for up to 48 hours without charge. This authority was used frequently to detain political opposition members or persons criticizing the government.
The law allows persons arrested or detained, regardless of whether on criminal or other grounds, the right to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained. The law requires, however, that a civil case must be brought to make such a challenge, and this was rarely done.
Arrest Procedures and Treatment of Detainees
On the mainland the law requires that an arrest for most crimes, other than crimes committed in the presence of an officer, be made with an arrest warrant based on sufficient evidence; however, authorities did not always comply with the law. Police often detained persons without judicial authorization. The law also requires that a person arrested for a crime, other than a national security detainee, be charged before a magistrate within 24 hours of arrest, excluding weekends and holidays, but authorities failed to comply consistently with this requirement. There were reports of police detaining individuals without charge for short periods on the orders of local authorities.
The law does not allow bail for suspects in cases involving murder, treason, terrorism, drugs, armed robbery, human trafficking, money laundering, other economic crimes, and other offenses where the accused might pose a public safety risk. In 2019 Dickson Paulo Sanga challenged nonbailable offenses as unconstitutional. In May the High Court ruled that section 148(5) of the Criminal Procedure Act was unconstitutional because it violated rights to personal liberty and presumption of innocence. The decision was appealed by the government on the same day. In August the Court of Appeals overruled the High Court decision, declaring that nonbailable offenses were constitutional, and that detention pending trial was important for peace and order in the country. The Court of Appeals ruling disappointed human rights stakeholders, who claimed authorities held human rights actors and businesspersons under false money laundering charges. For example, two businessmen, Harbinder Seth who is the owner of Independent Power Tanzania Limited (IPTL) and James Rugemalira, CEO of VIP Engineering Company were charged at Kisutu Court in 2017 with economic sabotage. The case was still pending in court and they remained in jail.
In some cases, courts imposed strict conditions on freedom of movement and association when they granted bail. In the primary and district courts, persons reportedly sometimes bribed officials to grant bail.
The law gives accused persons the right to contact a lawyer or talk with family members, but police often failed to inform detainees of this right. Indigent defendants and suspects charged with murder or treason could apply to the registrar of the court to request legal representation. Prompt access to counsel was often limited by the lack of lawyers in rural areas, lack of communication systems and infrastructure, and accused persons’ ignorance of their rights. In addition, on March 19, authorities banned all visits to prisons due to COVID-19, including those by prisoners’ lawyers. Since authorities provided no alternative methods for detainees to contact attorneys, Human Rights Watch argued this ban sharply slowed resolution of ongoing cases. As a result, most criminal defendants were not represented by counsel, even for serious offenses being tried before a high court. The government often did not provide consular notification when foreign nationals were arrested and did not provide prompt consular access when requested.
The government conducted some screening at prisons to identify and assist trafficking victims imprisoned as smuggling offenders; however, screenings were not comprehensive, potentially leaving some trafficking victims unidentified in detention centers. In June and July 2019, at the requests of the Ethiopian embassy, the International Organization for Migration (IOM) verified 1,354 Ethiopians in 27 prisons in 20 regions. Among the migrants were one woman and 219 minors. Between January 2015 and June 2019, the IOM provided assisted voluntary returns for 1,406 Ethiopian irregular migrants. The Ethiopians who remained in prison were either in pretrial detention (“remanded”), convicted, or postconviction but not released because of a lack of funds to deport them.
Arbitrary Arrest: By law the president may order the arrest and indefinite detention without bail of any person considered dangerous to the public order or national security. The government must release such detainees within 15 days or inform them of the reason for their continued detention. The law also allows a detainee to challenge the grounds for detention at 90-day intervals. The mainland government has additional broad detention powers under the law, allowing regional and district commissioners to arrest and detain anyone for 48 hours who is deemed to “disturb public tranquility.”
In July 2019 plainclothes police officers arrested investigative journalist and government critic Erick Kabendera and did not inform him of the charges. Initially, police did not inform his family to which police station he was taken. After seven days in detention, Kabendera was charged with money-laundering offenses. In February, Kabendera was released after agreeing to a plea deal. Kabendera was convicted on tax evasion and money laundering charges and he was fined 273 million Tanzanian shillings (TZS) ($118,000).
In December 2019 human rights lawyer Tito Magoti and his colleague Theodore Giyani, both working for the Legal and Human Rights Center, were arrested by plainclothes police officers after they tweeted support for vocal government critics. Following a public outcry, police admitted that they had arrested Magoti and Giyani. The accused were arraigned in Dar es Salaam in December 2019 and charged with money laundering, a nonbailable offense. Amnesty International and other human rights organizations called for their immediate and unconditional release in January, but at the end of the year the two remained in prison in pretrial detention.
Pretrial Detention: Arrests often preceded investigations, and accused persons frequently remained in pretrial detention–known as “remand”–for years before going to trial, usually with no credit for pretrial confinement at the time of sentencing. There is no trial clock or statute of limitations. Prosecutors obtained continuances based on a general statement that the investigation was not complete. According to the Ministry of Home Affairs, approximately 50 percent of the prison population consisted of pretrial detainees. Detainees generally waited three to four years for trial due to a lack of judges, an inadequate judicial budget, and the lengthy time for police investigations.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, but many components of the judiciary remained underfunded, corrupt, inefficient (especially in the lower courts), and subject to executive influence. Judges and senior court officers are all political appointees of the president. The need to travel long distances to courts imposes logistical and financial constraints that limit access to justice for persons in rural areas. There were fewer than two judges per million persons. Court clerks reportedly continued to take bribes to open cases or hide or misdirect the files of those accused of crimes. Magistrates of lower courts reportedly occasionally accepted bribes to determine the outcome of cases. There were instances in which the outcomes of trials appeared predetermined by government. Authorities respected and enforced court orders.
The law provides for the right to a fair and public trial, but a weak judiciary often failed to protect this right. All trials are bench trials; there are no jury trials. Trials are not held continuously from start to finish. Instead, a trial may start, break for an indeterminate amount of time, and resume, perhaps multiple times. As a result, trials were often inefficient and could last for months or even years.
The law provides for the presumption of innocence, and the standard for conviction in criminal cases is “beyond a reasonable doubt.” Executive branch entities regularly accused political parties, civil society organizations, and international organizations of breaking the law and then demanded the accused clarify or defend their innocence. In most cases authorities informed detainees in detail of the charges against them once they had been taken to the police station. Charges were generally presented in Kiswahili or English with needed interpretation provided when possible. With some exceptions, criminal trials were open to the public and the press. Defendants have the right to be present at their trial. Courts that hold closed proceedings (for example, in cases of drug trafficking or sexual offenses involving juveniles) generally are required to provide reasons for closing the proceedings. In cases involving terrorism, the law states that everyone, except the interested parties, may be excluded from court proceedings, and witnesses may be heard under special arrangements for their protection.
The law requires legal aid in serious criminal cases, although only those accused of murder and treason were provided with free representation. Most other defendants could not afford legal representation and represented themselves in court. Defendants in criminal cases are entitled to legal representation of their choice. Legal representation was unavailable to defendants without the means to pay. Nongovernmental organizations (NGOs) represented some indigent defendants in large cities, such as Dar es Salaam and Arusha. For example, the Tanganyika Law Society provides free legal services upon request because its lawyers are encouraged to take at least one pro bono case per year. The Legal and Human Rights Centre and Tanzania Human Rights Defense Coalition also have had legal defense mechanisms for human rights defenders.
In Zanzibar the government sometimes provided public defenders in manslaughter cases. The law prohibits lawyers from appearing or defending clients in primary-level courts whose presiding officers are not degree-holding magistrates. Human rights groups criticized cases where lawyers attempting to represent clients in sensitive cases were reportedly themselves threatened with arrest.
Authorities did not always allow detainees sufficient time to prepare their defense, and access to adequate facilities was limited. Defendants have the right to free interpretation as necessary from the moment they are charged through all appeals. Defendants or their lawyers have the right to confront prosecution witnesses and the right to present evidence and witnesses on the defendant’s behalf. Prosecutors, however, have no disclosure obligations in criminal cases, and often the defense does not know what evidence the prosecutor will rely upon when the trial begins. Defendants were not compelled to testify or confess guilt.
All defendants charged with civil or criminal matters, except parties appearing before Zanzibari qadi courts (traditional Muslim courts that settle matters of divorce and inheritance), could appeal decisions to the respective mainland and Zanzibari high courts. All defendants can appeal decisions to the union Court of Appeal.
Judicial experts criticized the practice of police acting as prosecutors because of the risk police might manipulate evidence in criminal cases. The mainland Ministry of Constitutional and Legal Affairs continued hiring and training state prosecutors to handle the entire mainland caseload, although staffing shortages continued.
Political Prisoners and Detainees
There were reports of political detainees. Several opposition politicians and individuals critical of the government were arrested or detained during the year. These individuals were usually charged with sedition, incitement, or unlawful assembly. There was an unknown number of political prisoners, but according to opposition leaders and NGOs, there were at least 300 opposition activists and supporters who were detained or abducted on the mainland and about 150 in Zanzibar prior to and after the elections. The persons were given the same protections as other detainees, although the government often threatened to charge opposition leaders with nonbailable offenses.
For example, following the October 28 general election, members of the opposition parties, including some opposition leaders, were arrested. While some were subsequently released, there were still opposition party members in detention on November 6. There were also supporters of the opposition who were arrested, brought to prisons outside of Dar es Salaam, and who were still being held without bail.
For example, two opposition members of parliament (MPs), Freeman Mbowe and Esther Matiko of the opposition Party of Democracy and Development (CHADEMA), served four months in jail after the court revoked their bail in 2018. The High Court of Dar es Salaam upon appeal, however, ruled the bail revocation was invalid, and they were released in March 2019. Mbowe and Matiko were part of a group of nine CHADEMA members who were charged in 2018 with 11 crimes, including conspiracy, sedition, and inciting the commission of offenses. In March all nine CHADEMA leaders were found guilty of sedition and fined TZS 350 million ($150,000) or a five-month jail term. CHADEMA supporters fundraised and paid the fines of all the leaders.
On November 1, three CHADEMA leaders were arrested for planning postelection protests in Dar es Salaam. The three leaders were Freeman Mbowe, CHADEMA’s national chairman, Godbless Lema, former Arusha urban MP, and Boniface Jacob, former mayor of Ubungo. On November 3, Zitto Kabwe, party leader of ACT-Wazalendo was also arrested briefly on the same charges as the three CHADEMA leaders. On November 3, all four opposition leaders were released on bail without any charges.
Civil Judicial Procedures and Remedies
Persons may bring civil lawsuits seeking damages for or the cessation of human rights violations and can appeal those rulings to the Court of Appeal on the mainland and other regional courts. Civil judicial procedures, however, were often slow, inefficient, and corrupt. In December 2019 the government withdrew the right of individuals and NGOs to file cases directly against it at the Arusha-based African Court on Human and Peoples’ Rights. This meant that individuals and organizations with observer status were no longer able to bring complaints to the African Court on Human and Peoples’ Rights.
The East African Court of Justice (EACJ) has been a preferred route to bring human rights cases because it admits cases and eases the burden on local courts. For example the case concerning the 2017 government-led evictions of villagers in Loliondo was brought before the EACJ in September 2018; the EACJ ruled in the villagers’ favor. The implementation of this ruling, however, has yet to take place. According to a witness, individuals were beaten daily when they brought their cattle through the buffer zone to reach grazing lands.
Civil society organizations (CSOs) and politicians relied on the courts for challenges to government decisions. For example, in May 2019 the High Court of Dar es Salaam annulled the constitutional provision that empowered presidential appointees to supervise elections. This was significant because 80 percent of the supervising officials belonged to the ruling party. At first, this indicated the court provided an avenue to contest the ruling party, but the outcome of the decision was not upheld. In addition, in October 2019 the Court of Appeal, the country’s highest court, overturned the earlier High Court decision.
On June 10, parliament passed amendments to the Basic Rights and Duties Enforcement Act to restrict public interest lawsuits by limiting the ability of groups to challenge a law or policy that allegedly violates the constitution’s bill of rights. The restriction appeared to be aimed at stopping groups from filing purely public interest litigation without showing harm to an accuser. The amendment also provided broad immunity from civil and criminal cases to top government officials, including the president, vice president, prime minister, speaker, and chief justice.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law generally prohibits such actions without a search warrant, but the government did not consistently respect these prohibitions. While only courts may issue search warrants, the law also authorizes searches of persons and premises without a warrant if necessary to prevent the loss or destruction of evidence or if circumstances are serious and urgent. The owners of social online platform Jamii Forums faced a court case for allegedly preventing a police force investigation, in violation of the law. Police had no search warrant but still requested the IP addresses of the platform’s users. The owners claimed that this request was a breach of privacy. In April the Dar es Salaam court sentenced the owners to pay a fine of three million TZS ($1,300) or face one year in prison. The owners paid the fine and immediately filed a notice of intent to appeal the case.
The law relating to terrorism permits police officers at or above the rank of assistant superintendent or in charge of a police station to conduct searches without a warrant in certain urgent cases, but there were no reports these cases occurred.
It was widely believed government agents monitored the telephones and correspondence of some citizens and foreign residents. The nature and extent of this practice were unknown, but due to fear of surveillance, many civil society organizations and leaders were unwilling to speak freely over the telephone. In July former deputy minister of good governance Mary Mwanjelwa’s telephone conversation with one of her supporters was recorded and leaked. However, it was not reported who recorded the conversation.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. There were numerous reports of government corruption during the year. Officials sometimes engaged in corrupt practices with impunity. President Magufuli took several high-profile steps to signal a commitment to fighting corruption. These included surprise inspections of ministries, hospitals, and the port of Dar es Salaam, often followed by the immediate dismissal of officials. Critics and observers claimed that President Magufuli used the anticorruption platform to go after those who opposed him.
Corruption: While efforts were being made to rein in corruption, it remained pervasive. The Prevention and Combating of Corruption Bureau (PCCB) reported that most corruption investigations concerned government involvement in mining, land, energy, and investments.
NGOs reported allegations of corruption involving the Tanzania Revenue Authority, local government officials, police, licensing authorities, hospital workers, and media.
On July 19, the PCCB director general, Brigadier General Mbungo, vowed to take legal action against political aspirants seeking financial support from businesses.
On August 13, the PCCB stated that it would allow the ruling CCM party to deal with corruption charges internally. Some civil society actors claimed that the PCCB acted as a political tool, seeking to leverage its role to harass and frustrate opposition political aspirants.
Corruption featured in newspaper articles, civil complaints, and reports of police corruption from the PCCB and from the Ministry of Home Affairs. In January the Minister of Home Affairs, Kangi Lugola, and the Fire and Rescue Brigade Commissioner General, Thobias Andengenye, were both fired for allegedly procuring fire and rescue equipment without authorization from the Ministry of Finance and Planning or approval from parliament. No legal action was taken against them.
The PCCB’s mandate excludes Zanzibar. In July 2019 the Zanzibar Anticorruption and Economic Crime Authority reported it had reduced corruption, citing one conviction and a pending investigation into corruption cases at the Ministry of Finance. As of September the Zanzibar Anticorruption Authority had filed 23 cases during the year at the High Court, among which seven cases garnered convictions. There were also approximately 100 pending files at the office of the director of public prosecution.
Financial Disclosure: Government ministers and MPs, as well as certain other public servants, are required to disclose their assets upon assuming office, annually at year’s end, and upon leaving office. The Ethics Secretariat distributes forms each October for collection in December. As of 2017, 98 percent of government leaders had submitted their forms to the secretariat (16,064 out of 16,339). When Tundu Lissu, former CHADEMA MP, was removed from his seat in June 2019, one of the reasons cited was that he did not file financial disclosure forms.
The president submitted his forms and urged other leaders to do the same. Although penalties exist for noncompliance, there was no enforcement mechanism or sufficient means to determine the accuracy of such disclosures. Information on compliance was considered sensitive and available only on request to the commissioner of the secretariat. Secretariat officials reportedly asked the individuals who failed to meet the deadline to show cause for the delay. Any declaration submitted or filed after the deadline must also explain the failure to observe the law. Asset disclosures are not public.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A variety of domestic and international human rights groups have generally operated without government restriction, investigating and publishing their findings on human rights cases. The overall climate for NGOs, however, has shifted in the last few years. Some international organizations have had delays in receiving work and residency permits. Some human rights NGOs complained of a negative government reaction when they challenged government practice or policy.
Many NGOs are concerned the government is using the NGO registration law passed in June 2019 to deregister NGOs that focus on human rights. In August 2019 the registrar of NGOs deregistered 158 NGOs for “unaccepted” behavior, alleging they were used for profit sharing and benefiting their members, which is outside the permitted NGO activities. In August the government froze the bank accounts of the Tanzanian Human Rights Defenders Coalition (THRDC) and arrested its director, Onesmo Olengurumwa. He was later released on bail. At the end of the year, the investigation of his case was ongoing. In the past, THRDC funded and trained many of the election-observer NGOs. The government actions against them created a void in the lead up to the elections, as many of the NGOs that were accredited did not have the needed expertise and guidance that THRDC usually provided.
In May 2019 the registrar of societies in the Ministry of Home Affairs issued a public notice requesting that all religious institutions and community-based organizations registered with the ministry verify their registration status, including all the required documentation. The countrywide process began with Dar es Salaam and the coastal regions in May and continued at year’s end. There are concerns about how the government can use this process to deregister organizations that make any statements related to human rights.
The United Nations or Other International Bodies: The government generally cooperated with visits from UN representatives, such as special rapporteurs, as well as those from UN specialized agencies such as the International Labor Organization or other international organizations (but not including NGOs) that monitor human rights.
Government Human Rights Bodies: The union parliamentary Committee for Constitutional, Legal, and Public Administration is responsible for reporting and making recommendations regarding human rights.
The CHRAGG operated on both the mainland and Zanzibar, but low funding levels and lack of leadership limited its effectiveness. The commission has no legal authority to prosecute cases but can make recommendations to other offices concerning remedies or call media attention to human rights abuses, violations, and other public complaints. It also has authority to issue interim orders preventing actions in order to preserve the status quo, pending an investigation. The CHRAGG also issued statements and conducted public awareness campaigns on several topics. These included the need for regional and district commissioners to follow proper procedures when exercising their powers of arrest, the need for railway and road authorities to follow laws and regulations when evicting citizens from their residences, and a call for security organs to investigate allegations of disappearances or abductions, including of journalists, political leaders, and artists.
In September 2019 President Magufuli appointed a CHRAGG chairman and five commissioners. Activists expressed concern that the CHRAGG was not acting independently nor holding the government accountable for human rights abuses.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation. The law stipulates a woman wishing to report a rape must do so at a police station, where she must receive a release form before seeking medical help. This process contributed to medical complications, incomplete forensic evidence, and failure to report rapes. Victims often feared that cases reported to police would be made public.
The law prohibits assault but does not specifically prohibit domestic violence. Domestic violence against women remained widespread, and police rarely investigated such cases.
Authorities rarely prosecuted persons who abused women. Persons close to the victims, such as relatives and friends, were most likely to be the perpetrators. Many defendants who appeared in court were set free because of corruption in the judicial system, lack of evidence, poor investigations, and poor evidence preservation.
There were some government efforts to combat violence against women. Police maintained gender and children desks in regions throughout the country to support victims and address relevant crimes. According to a Ministry of Health, Gender, Elderly, and Children budget speech, police gender desks increased from 417 to 427 in the fiscal year ending June 30. In Zanzibar, at One Stop Centers in both Unguja and Pemba, victims could receive health services, counseling, legal assistance, and a referral to police. The LHRC released a statement that condemned an increase in gender-based violence within the community during COVID-19 restrictions.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C from being performed on girls younger than age 18, but it does not provide for protection to women ages 18 or older.
Prosecutions were rare. Many police officers and communities were unaware of the law, victims were often reluctant to testify, and some witnesses feared reprisals from FGM/C supporters. Some villagers reportedly bribed local leaders not to enforce the law in order to carry out FGM/C on their daughters. In 2019 the Ministry of Health reported that approximately 10 percent of women had undergone FGM/C. The areas with the highest rates of FGM/C were Manyara (58 percent), Dodoma (47 percent), Arusha (41 percent), Mara (32 percent), and Singida (31 percent).
Sexual Harassment: The law prohibits sexual harassment of women in the workplace. There were reports women were asked for sexual favors in return for promotions or to secure employment. According to the Women’s Legal Aid Center, police rarely investigated reported cases. Those cases that were investigated were often dropped before they got to court–in some instances by the plaintiffs due to societal pressure and in others by prosecutors due to lack of evidence. There were reports women were sexually harassed when campaigning for office, and one MP said that women MPs were subjected to sexual harassment frequently.
The LHRC released a report in 2018 stating female students were frequently sexually harassed in higher-learning institutions, a point reiterated by a professor at the University of Dar es Salaam in a 2019 tweet calling on President Magufuli to intervene because there were so many incidents of harassment on campus. In July police arrested an assistant lecturer from the University of Dodoma, Jacob Paul Nyangusi, for alleged sexual harassment of female students. He was released on bail and at the end of the year the case was ongoing. Another lecturer from the National Institute of Transport was sentenced for sexual assault. He paid a fine of five million TZS ($2,160).
On May 22, two special-seat female MPs from CHADEMA, Joyce Sokombi and Suzan Macele, held a press conference where they alleged that male CHADEMA leaders had sexually abused women during the nomination process. They did not disclose who had sexually abused women. The two MPs defected and joined the CCM. They did not file a police report. On May 23, Deputy Secretary of CHADEMA Benson Kigaila held a press conference where he denied all allegations. He added that the two women were CHADEMA MPs for five years and they had never complained. He claimed that when the two women lost in the intraparty nomination process, they decided to defect to the CCM, implying that was the impetus for their allegations.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health, but access to the information and means to do so was not free from discrimination, coercion, or violence.
Schools did not provide comprehensive sexuality education, and students reported they did not have adequate information to prevent pregnancy. In addition, many girls became pregnant as a result of rape. From March to June, 67 girls became pregnant in the Biharamula and Ngara districts in Kagera Region. According to an education officer, 32 of the girls were in secondary school and were automatically expelled from further studies because of their pregnancies.
Less than one-third of married women used modern contraceptives. Nearly one in four women would like to prevent pregnancy but lacked access to family planning. Reproductive conditions and levels of contraceptive use varied based on factors including education, income level, geographical area, and age. For instance, the fertility rate in rural areas is six children per woman and 3.8 in urban areas. Modern contraceptive use also varied geographically, from 51 percent of those currently married in the Southern Zone to 14 percent in Zanzibar. While 12 percent of adolescents have started having sexual relations by age 15, and 60 percent by 18, only 8.6 percent of adolescent girls between ages 15 and 19 used modern contraceptive methods. One in four adolescent girls between ages 15 and 19 were already mothers or ware pregnant with their first child. Of adolescents living in rural areas, 32 percent had a live birth or were pregnant, compared with 19 percent of those living in urban areas. Adolescence was associated with a high frequency of child marriage, insufficient knowledge about sexually transmitted infections, and restricted access to sexual and reproductive health services. Persons with disabilities (especially adolescents) had greater sexual and reproductive health needs than the general population due to lack of information, and greater exposure to sexual abuse and rape, HIV and sexually transmitted infections, and stigma. Access to sexual and reproductive health services was hindered by communication and environmental barriers, physical inaccessibility, and negative interaction with service providers including lack of confidentiality, mistreatment and disrespect, and inadequacy of service delivery.
Information was not available on government assistance to survivors of sexual violence.
From 2007 to 2015, maternal mortality increased from 454 to 556 per 100,000 live births. Only 57 to 68 percent of pregnant women delivered with a skilled birth attendant. A recent study conducted in Lindi and Mtwara regions in Southern Tanzania found that traumatic and nontraumatic postpartum hemorrhage (PPH) was the most common cause of maternal deaths: 51 percent of women died within 24 hours of delivery; 60 percent of those who died were ages 25 to 36; and 63 percent were lower-income rural inhabitants.
Despite government efforts to improve the availability and quality of postabortion services, women and girls who suffered complications avoided seeking treatment for fear of being prosecuted, and many health-care providers were not aware they are legally allowed to provide treatment and that women have the right to such service. More than 21,400 women had untreated obstructed fistula, a situation resulting in large part from deficiencies in the health system. Women attributed fistula development to negative experiences such as disrespectful maternity care. Multiple studies reported that women also perceived that their fistula resulted from prolonged wait times in the primary health-care facility due to nurses’ negligence and failure to make decisions to transfer them to a better prepared facility in a timely manner. Moreover, mothers reported persistent systematic barriers and dismissive institutional norms and practice, including poor communication, denial of husbands’ presence at birth, denial of mobility, denial of safe traditional practices, no respect for their preferred birth positions, and poor physical condition of facilities. Community stigma was another major factor that delayed women seeking obstetric fistula treatment.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women and men, including in employment, housing, education, and health care; however, the law also recognizes customary practices that often favored men.
While women faced discriminatory treatment in marriage, divorce, inheritance, and nationality, overt discrimination in education, credit, business ownership, and housing was uncommon. There are no legal restrictions on women’s employment in the same occupations, tasks, and working hours as men. Nevertheless, women, especially in rural areas, faced significant disadvantages due to cultural, historical, and educational factors.
Birth Registration: Citizenship is derived by birth within the country or abroad if at least one parent is a citizen. Registration within three months of birth is free; parents who wait until later must pay a fee. Public services were not withheld from unregistered children. The Registration, Insolvency and Trusteeship Agency, in collaboration with the Tigo telecommunication company, facilitated birth registrations of more than 3.5 million children younger than age five over the last six years in 13 regions. The program is ongoing. As of August 12, they had registered 4.3 million children younger than age five in 16 regions. In Tanga and Kilimanjaro, Tigo provided 1,350 free smart phones to facilitate the registration process.
Education: According to law, primary education is compulsory and universal on both the mainland and Zanzibar until age 13. Secondary school is tuition-free in Zanzibar but is not compulsory. The ruling CCM party manifesto includes a policy to provide fee-free education for primary and secondary students. Parents must still provide food, uniforms, and transportation.
Girls represented approximately one-half of all children enrolled in primary school but were absent more often than boys due to household duties and lack of sanitary facilities. At the secondary level, child, early, and forced marriage and pregnancy often caused girls to be expelled or otherwise prevented girls from finishing school.
Under the Education and Training Policy launched by the government in 2015, pregnant girls may be reinstated in schools. In 2017, however, President Magufuli declared that girls would not be allowed to return to school after giving birth. Human rights NGOs criticized the policy as contrary to the country’s constitution and laws. This policy led to girls being excluded from educational opportunities, while the fathers of the babies were often their teachers or other older men who frequently did not suffer any consequences.
Child Abuse: Violence against and abuse of children were major problems. Corporal punishment was employed in schools and the law allows head teachers to cane students. The National Violence against Children Survey, conducted in 2009 (the most recent data available), found almost 75 percent of children experienced physical violence prior to age 18.
On August 17, police in the coast region arrested a primary school teacher, Evata Mboya, for allegedly caning a 12-year-old fifth-grade student. The student, who was being punished for making noise in the classroom, was admitted to Mloganzila hospital in Dar es Salaam with severe head injuries.
Child, Early, and Forced Marriage: The law sets the legal age for marriage at 18. The law makes it illegal to marry a primary or secondary school student. To circumvent these laws, individuals reportedly bribed police or paid a bride price to the family of the girl to avoid prosecution. According to Human Rights Watch, girls as young as age seven were married. Zanzibar has its own law on marriage, but it does not specifically address child, early, and forced marriage. The government provided secondary school-level education campaigns on gender-based violence, which included information on child, early, and forced marriage.
In October 2019 the Court of Appeal rejected a government appeal to retain provisions in the law, which would permit girls as young as 14 to marry with parental consent, ruling that the act was unconstitutional and discriminatory towards girls. The government was supposed to remove the parental consent exceptions provision for marriage before the age of 18, but had not amended the law yet.
Sexual Exploitation of Children: The law criminalizes child sex trafficking and child pornography. Those convicted of facilitating child pornography are subject to fines ranging from nominal to substantial, a prison term between one and 20 years, or both. Those convicted of child sex trafficking are subject to fines ranging from nominal to substantial, a prison term of 10 to 20 years, or both. There were three prosecutions based on this law in 2019.
The law provides that sexual intercourse with a child younger than 18 is rape unless within a legal marriage. The law was not always enforced because cases were not always reported or because girls, facing pressure, dropped charges. For example there were accounts of statutory rapes of girls that went unreported in Zanzibar.
Infanticide or Infanticide of Children with Disabilities: Infanticide continued, especially among poor rural mothers who believed themselves unable to afford to raise a child. Nationwide statistics were not available.
Displaced Children: According to the Ministry of Health, Community Development, Gender, Elderly, and Children, large numbers of children were living and working on the street, especially in cities and near the borders. The ministry reported 6,132 children were living in hazardous conditions during the year. These children had limited access to health and education services because they lacked a fixed address or money to purchase medicines, school uniforms, and books. They were also vulnerable to sexual abuse. According to the Ministry of Health, Community Development, Gender, Elders, and Children, from July 2019 to March, 15,680 displaced children received necessities including food, clothing, education, and health services from a combination of government and private organizations.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The Jewish population is very small, and there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these provisions.
Few public buildings were accessible to persons with disabilities. New public buildings, however, were built in compliance with the law to provide access. The law provides for access to information and communication, but not all persons with disabilities had such access.
There were six members of the union parliament with disabilities. Persons with disabilities held three appointed seats in the Zanzibar House of Representatives. The Prime Minister’s Office includes a ministerial position responsible for disabilities. The country defines persons with albinism as disabled and appointed a person with albinism as its ambassador to Germany in 2017.
Limits to the political participation of persons with disabilities included inaccessible polling stations, lack of accessible information, limited inclusion in political parties, the failure of the NEC to implement directives concerning disability, and prejudice toward persons with disabilities.
According to the Annual Education Survey of 2018/19, the government expanded school infrastructure for children with disabilities as part of its National Strategy for Inclusive Education 2018-21. In 2018-19, there were 49,655 children with disabilities enrolled in primary schools and 10,749 enrolled in secondary schools. There were 2,485 primary schools identified as inclusive. The government procured equipment such as braille machines, magnifiers, large print books, audiometers, and specialized furniture. More than 340,000 learners with special needs remained out of school.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Consensual same-sex sexual conduct is criminalized. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence on the mainland of 30 years to life and in Zanzibar of imprisonment up to 14 years. In Zanzibar the law provides for imprisonment up to five years or a fine for “acts of lesbianism.” In the past, courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution. The law does not prohibit discrimination based on sexual orientation and gender identity. Police often harassed persons believed to be lesbian, gay, bisexual, transgender, and intersex (LGBTI) based on their dress or manners.
During the year the government opposed improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society. Senior government officials made several anti-LGBTI statements. There were also reports of arrests and detentions to harass LGBTI activists. In March, seven men were arrested for same-sex sexual conduct and were purportedly subjected to forced anal exams. Their case was ongoing at year’s end.
LGBTI persons were afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTI persons faced societal discrimination that restricted their access to health care, including access to information regarding HIV, housing, and employment. There were no known government efforts to combat such discrimination.
In 2017 authorities filed a case against two women in Mwanza who exchanged rings in an engagement ceremony that was recorded and posted on social media. The case was withdrawn without being heard in 2018 and then reopened as a new case in June 2019. It was ongoing as of December.
On June 16, in Zanzibar the registrar summoned Hamid Muhammad Ali, director of the AIDS Initiative Youth Empowerment and Development, an LGBTI rights group, to a meeting in which officials questioned him and informed him that his organization’s registration was being suspended for “promoting homosexuality.” The meeting was later broadcast on television. Four days later, police visited and searched his home and directed him to undergo an anal examination at a local hospital the following day. He said he went to the hospital and was asked to provide his fingerprints and a copy of his national ID card but was not forced to undergo the examination. On August 10, the minister for regional administration, local government, and special departments cancelled the group’s NGO license for going against the “religious and social values” of Zanzibar.
HIV and AIDS Social Stigma
The 2013 People Living with HIV Stigma Index Report indicated persons with HIV/AIDS experienced significant levels of stigma countrywide (39 percent), with stigma particularly high in Dar es Salaam (50 percent). The report highlighted that most common forms of stigma and discrimination were verbal insults and exclusion from social, family, and religious activities. Results also showed that more than one in five persons with HIV/AIDS experienced a forced change of residence or inability to rent accommodations. In Dar es Salaam, nearly one in three of these persons experienced the loss of a job or other source of income.
The law prohibits discrimination against any person “known or perceived” to be HIV-positive and establishes medical confidentiality standards to protect persons with HIV/AIDS. Police abuses of HIV-positive persons, particularly in three key populations (sex workers, drug users, and LGBTI persons), were not uncommon and included arbitrary arrest, extortion, and refusal to accept complaints from victims of crime. In the health sector, key populations experienced denial of services, verbal harassment and abuse, and violations of confidentiality.
After a pause in services earlier in the year, in 2017 the government allowed community-based services for key populations to be reinstated following the release of revised guidelines, although the distribution of lubricants was banned, as were “drop-in centers” that provided services specifically tailored for these marginalized groups. NGOs and CSOs serving these key populations continued to face occasional backlash and harassment from authorities and were often “de-registered” after investigations into whether they promote homosexuality. There was continuing fear among these NGOs to operate freely and openly, as well as among LGBTI persons to seek health services, including HIV prevention and treatment.
Gender desks at police stations throughout the country were established to help address mistrust between members of key populations and police, however, their effectiveness varied widely.
Other Societal Violence or Discrimination
Despite efforts by the government and NGOs to reduce mob violence through educational outreach and community policing, mob violence continued. According to the LHRC 2019 Mid-Year Report, 385 were killed in mob violence. In May in the Rukwa region, a university student was killed by an angry mob after he stabbed his girlfriend. In July in Pwani, a domestic servant killed his boss’s two children and wounded the mother. He was killed by persons who witnessed the incident.
Witchcraft-related killings continued to be a problem. According to the LHRC Mid-Year Report in 2019, there were 106 witchcraft-related killings from January to June 2019. Major victims or targets of such killings were often children or elderly women. The regions with the greatest number of killings were Mbeya, Iringa, Dar es Salaam, and Shinyanga.
In 2015 the government outlawed witchdoctors in an attempt to curtail killings of persons with albinism. Attacks on persons with albinism declined, and there were no reported cases of persons with albinism being killed or attacked. Persons with albinism remained at risk of violence, however, especially during election times, as some ritual practitioners sought albino body parts in the belief they could be used to bring power, wealth, and good fortune. Schools used as temporary shelters in some cases evolved into long-term accommodations, with many students with albinism afraid to return to their homes.
Farmers and pastoralists sometimes argued over traditional animal grazing areas, and violence occurred during some disputes.