2012 Bi-Annual Report [LHRC] General Overview

The Bi-annual report depicts the Human Rights situation in Tanzania from January to June; 2012.The report features only a few selected areas of human rights violations which were rampant within the past six months from January-June 2012. The Bi-annual Report is structured to address challenges only. A detailed report, which covers a wide range of issues on human rights and good governance, shall be released by the LHRC and ZLSC at the end of the year 2012.

Executive summary
The Right to life is still highly denied through a number of factors including killings due to witchcraft beliefs, gender based violence, mob-violence, extra-judicial killings, child brutality, lawlessness, domestic violence and harassment of HRDs - The Health sector continues to face a number of challenges including endless medics demo, lack of facilities and equipments, shortage of staff and poor management. -The new constitution process is currently marred with a lot of irregularities. - The country passed a provision that cancelled withdrawal benefit (Fao la Kujitoa) - Poor performance in the parliament

Extra-Judicial Killings
For the past six months the LHRC has observed the continued incidents of extrajudicial killings and police brutality. About 20 people lost their lives in the hands of security officers such as park wardens, police officers, private security guards and army officers. It was further reported that at least 3 police officers were killed by civilians in different areas in the country.

No No 1 2-4 4 5 6 7

Name of Victim(s) Name of Victim(s) Hassan Mgalau Three people Jackson Bkohe Mgoyo Mgoyo Mipawa samweli Saidi msabaha

Date/Year Date/Year 6th March 2012 February January January February March

Incidents/reasons Incidents/reasons Killed killed Killed Killed killed killed

Violator Violator Police police police police Sungu sungu police

8 9-13 14

One person Five person

March march

Killed killed Injured by bullets

police JWTZ officer JWTZ officers

Selemani mshaweji March (22) Juma Samson Joseph Chacha June May

15 16

Beaten to Death Shot to Death

Park warden North Mara Mine Security officers North Mara Mine Security officers Mwiba Company Security Guards North Mara Mine Security officers

17

Daniel Nsimba

May

Shot

18

Kumtange Jusario

July

Shot

19

Tugura Wansimba

February

Shot

20

Mgosi Magige Chacha

June

Shot

North Mara Gold Mine Security officers

Mob Violence Incidents of mob violence continued to rise in the country every year. For the past six months 563 people were reported to have been killed by angry mob from different parts of the country. Incidents of Mob violence involved the growing incidents political related violence. No 1 Name of Victim(s) Msafiri mbwambo (32) One young man Student Date/Year April Incidents/reasons Killed due to Politics Violator Unknown

2 3

May July

Killed Killed

Mob violence Angry men

Simon Samson (34)

April

Killed

Angry men

5 6 7

John Raphael Mrema Two people One person

January February January

Killed Killed Killed due to his involvement in illegal fishing Killed killed

Angry men Angry men Angry men

8 9

One person Daudi kiberenge

February March

Angry men Angry villagers

Killings Due to Witchcraft Beliefs Statistics compiled by the LHRC and from the police force indicate that there is an increase of violation of the right to life. For instance, killings due to witchcraft beliefs have taken toll in this year where it was reported that 336 people were killed from January to June 2012 after they were suspected to be witches. No 1. 2 3 4 5 Name of victim(s) Laurencia Bangili (70) Kulwa Mashana (65) Ester (55) Rose Mabeshi (42), William Mwakwama (68) Date /year May May May May July Incident/reasons Killed and burnt Killed and burnt Killed and burnt Killed and burnt Killed Violator Angry villagers Angry villagers Angry villagers Angry villagers His children

Mwashi Saida (70)

March

killed

Two steps sons

7 8

Fortunata Komba Lustica Kibila (80)

March January

killed Killed and some parts of his body were chopped off Killed and some parts of his body were

Grandmother Unknown

Gaitani Mgimu(60)

January

Unknown

chopped off

10

A woman

February

Killed and some parts of his body were chopped off Killed and burnt Killed and burnt Killed

Unknown

11 12 13

Consolata Nsokelo (64) Oluita Pesambili(74) Nyazingwa jinsia (55)

February February March

Mob violence Mob violence Unknown

Mob violence in Pics

Political related Mob violence Recently, a new category of mob violence has emerged embraced in politics. While the multiparty democracy expands and spreads throughout the country, we have witnessed incidents of mob violence perpetuated by political differences. These incidents took place in Igunga, Arumeru and Singida.

CHADEMA Usa River Ward Chairperson. The deceased was killed on April 2012 by a group of people suspected to be political opponents immediately after the Arumeru By- Election. Harassments to Human rights defenders Human rights defenders in the country work in unsecured environments that expose them to threats. Recently 16 human rights activists including executive directors of the LHRC and the Tanzania Media Women Association (TAMWA), Dr Helen Kijo-Bisimba and Ms Ananilea Nkya respectively were arrested when they were pressing the Government to sit at a reconciliation table with the striking doctors. On 27th June, Dr. Ulimboka, who was earlier on reported missing, was found at Bunju Police Station. Dr. Ulimboka was found unconscious by good Samaritans in a forest at Mabwepande in Dar es Salaam where he was lying without assistance after he had been subjected to severe beatings which led him to bleed excessively. Bruno Mwambene was arbitrarily arrested in Mbozi because he was a frontline HRD in Mbozi. Prior to that, he was severely beaten by law enforcers where he sustained injuries in one of his arm.

Leaders of Medical doctors continued to receive threats Julius Kyaruzi, Projet Coordinator, of the Centre for Human Rights Promotion was harassed and beaten by the police in Mbezi Beach at an informal discussion on Dr. Ulimbokas ordeal.

Accidents The Right to life has continued to be violated through road and marine accidents with the trend showing that the situation is not getting any better compared to the last year. For instance, there are still vivid memories of our brothers and sisters who sank with the MV Sage a week ago. Furthermore, there have been several road accidents which have claimed lives as was the case in Geita where at least 23 people lost their lives among other accidents. LHRC calls upon the government to take immediate steps to avert the problem especially in marine issues as there are all signs that the laws governing marine issues are too lenient to curb marine accidents no wonder an old ship can manage to ply around the water with no one paying attention to what happens there after. Social Rights For the past Six months the country has continued to perform poorly in provision of essential social services. This has been possible because Public funds and resources are not used effectively to ensure that citizens receive the quality services. For instance, the Controller and Auditor Generals (CAG)s annual audit reports identifies poor financial management by public institutions as one of the major challenges facing Tanzania. The downfall of the Health Sector

The Health Sector in Tanzania continue to suffocate without any recognized effort to make it better. The health Sector suffers from insufficient mechanisms and methods for care and rehabilitative treatment services at all levels. Inadequate health facilities at all levels Inadequate housing and low incentives for public health workers Inadequate professional health personnel at the 68%. Inadequate tools and equipment. Eg.. CT-Scan Machines. Tanzania loses about 6% of patients per year who get accident and who require CT scan services for appropriate management. Approximately 90% of patients who got accident are sent home without CT scan services. Muhimbili National Hospital is the only one with a machine which is currently not working properly. Lack of prescribed drugs for treatment and preventive measures E.g. public health facilities have faced difficulties in attending patients since January to June following the temporary closure of the Medical Stores Department (MSD) that put the majority of people at risk. The commonly Malaria Medicine Dawa ya Mseto is missing at average of 80% of all the health facilities in the country.

Children and Women Clinics in Shinyanga

Insufficient resources and poor budget allocation. E. g According to SIKIKA 2011/2012 the Ministry of Health and Social Welfare (MOHSW) requested Tshs. 66.3 billion for implementation of human resource for health strategy. Unfortunately, the Government allocated Tshs. 13.2 billion and until January 2012 only 20% of this amount was disbursed. The Tanzania Ministry of health budget failed to reach the Abuja Declaration budget requirement of 15%. Ministry of Health Development Budgets drops at 1.3 every year from 2009 to 2012. For instance in 2010/2011 it was 448 Billion but in 2011/2012 was 365 and the current budget estimates of 2012//13 probably may drop at the same rate to 283 Billion. That is to say both recurrent and developments budget dropped from Bill 678.4 in 2010/11; 584 in 2011/10 to 576.7 in 2012/13

The Impact of Doctors Strike The strike made more difficulty for the poor to access health facilities in Tanzania. The majority of the people failed to access all the referral hospitals in Tanzania and hence forced the unknown figure of the patients referred to referral patients to die at home. The shortage of health professional personnel was triggered up to almost 80% from 68%. Tanzania Lost 9.3 Billion used to prepare 310 medical doctors who were unreasonably discontinued from practising. Tanzania Lost 9.3 Billion used to prepare 310 medical doctors who were unreasonably discontinued from practising. Minimally, it takes not less than 30 Million Tsh. to train a full medical doctor in Sub-Saharan Countries. - Tension and hostility between the health professional personnel and the state has expanded in recent months.

Education Teachers Continue to face hardships in Tanzania

- The provision of education services continue to face a number of challenges such as lack of resources, poor performance and poor treatment of school teachers. Eg , More than 50 new teachers were found to have been sharing a single house in Mbozi while waiting other logistics from the District officials - It was further reported that More than 5000 form one students could neither read nor write.

Walimu tuna hali ngumu maisha yetu yamewekwa rehani kwenye maduka na Maafisa watendaji wa Kijiji, ambao wamekuwa wakitukopesha pesa za kujikimu

Social Security Fund Laws on social security funds and those guiding authorities were amended and approved by the National Assembly on April 13, 2012. According to the current law, the withdrawal benefits that benefit workers who opt to quit their jobs have been canceled and can only be acquired upon the retirement age of 55 years. The illegality of the provision 1. This amendment was done without consulting the owners of the benefit or members. And members are not properly represented 2. This provision was amended in favour of the benefit holders and not users. 3. The life span in Tanzania is only playing around 45 years then why 55? 4. There is a lot of misuse of members funds for instance the Construction of UDOM, Kigamboni Bridge and many more and not sure if there are returnable. 5. Inflation rate is not considered International Protection International Labour Organization set an instrument which was adopted at its 35th session in June 1952, popularly known as Social Security (minimum Standards) Convention No. 102. Itemized number of contingencies and benefits required in the minimum standards convention include Old Age, Invalidity, Survivorship, Employment Injury, maternity, medical Care, sickness, Unemployment and Death.

Social Security Cont According to Article 22 of the Universal Declaration of Human Rights of 10th December 1948; social protection is a human rights issue. Likewise, Article 11(1) of the Constitution of the United Republic of

Tanzania stipulates that: The state authority shall make appropriate provisions for the realisation of a persons right to work, to self education and social welfare at times of old age, sickness or disability and in other cases of incapacity..3 In view of such provision there is still inadequate coverage of social security services to the Tanzanian Society. According to National Social Security Policy of 2003 ,

Legal mechanisms shall be developed to allow for withdrawal of part of the accumulated benefits; while the balance shall remain for long-term benefits on premature termination of their employment Corruption and Abuse of Power Irregularity sale of plot No. 10 Nyerere Road to Mohamed Enterprises Ltd for the tune of 2.046 billion without adherence to PPRA Act, 2004 and its 2005 regulation Controversial Claim for Road toll and Security Costs for Facilitating Access to Plot No.192 (or Plot No.11) off Nyerere Road (2.349 billion) Irregularities on the Sale of Tanzania Motor Service Company (TMSC) Building on Plot No. 24 Ali Hassan Mwinyi Road TMSC building on Plot No. 24 Ali Hassan Mwinyi (964.2 million) Tantrack VS TMSC Court Case (lack of prudence in the matter CHC the case took 15 years) Lack of Due Care on the Sale of Plot No. 33 Saza Road Changombe Industrial Area to Maungu Seed Company Dar es Salaam Maritime Institute (DMI) About 83.96 million were paid as allowances without justification 20 computers donated by Leeds Metropolitan of London were not delivered to DMI Others Deletion of 115 staffs of Kibaha Education Development Centre from treasury payroll thus causing loss of 86 million developmental budget to pay staff Construction of UDOM buildings; Controversy the buildings constructed are neither in the UDOM books nor in pension fund: the issue here is misunderstanding between the government and NSSF as on part of the government they think its NSSFs investment while NSSF considers it to be a loan to the government Non-payment of loans by the government and guaranteed agencies thus posses danger to members funds that have been invested (the non-performing loans amounting 91.7 billion and USD 9.65 million were used to construct the Bunge, Machinga Complex and Police Houses in Kurasini Dar es Salaam) Others were used to finance, General Tyre East Africa Ltd, Kiwira Power Coal Mining, Dar es Salaam Cement Company, Continental Venture Limited, Kagera Sugar Co. Limited and Medtch Industrial Co. Limited under the Government guarantee.

Political Rights
Arumeru East Constituency Corruption scandals during nomination process necessitated re-nomination of CCM candidate. PCCB did not proceed with the case so far

Use of abusive language intolerable For example Mr. Livingstone Lusinde used abusive language disregarding the presence of children in the campaign meeting Use of scandals, allegations and Propaganda Loss of life one Msafiri Mwambo the former chairperson of CHADEMA at USA river was brutally murdered two weeks after the election; Use of government Resources for instance; the retired President, Mr Benjamin Mkapa campaigned for CCM, as a former head of state, he used government resources to travel and stay in Arumeru No updates for Permanent National Voters Register Positively, about 2% Persons Living with Disabilities who took part in the election were given priority whenever they showed up at the polling stations Low turnout of voters factors: low civic awareness, eroded voters register, lost of voters identity cards; intimidation from civilians (party supporters) and police officers, distance to the polling stations, and others boycotted to vote as politicians have sweet words but poor implementation Mr. Antony Musani the head teacher of Leguruki Secondary School was fired from work as he crossed the floor to CHADEMA following a defeat in nomination process within CCM Investors farms were invaded by Arumeru residents who are dying without land (Farms which were invaded include Doll Estate Company, Mito Miwili Farm and Mchumba Estate)

Parliament Performance Poor attendance of MPs in parliament for example on 20th July, 2012 the budget for the ministry of agriculture was not passed since the quorum was not met MPs strongly represents interests of their political parties rather than representing its people Violation of article 18 of Right to Opinion; disrespectful language, disrespect of others opinion, unnecessary interruption as every MP wants to request for an order (MUONGOZO) Misuse of the Speaker chair to defend strong motions especially from the opposition to protect and safeguard the interest of the government. For example the Doctors saga and Skagit accident motion as requested by MPs to be set into motion were declined by Speaker chair. No serious measures have been taken to MPs who do not attend parliament sessions. Denying Mps an allowance for absenteeism seems to be a weak point as for those who are business oriented, an allowance is no big deal and as such it can never reprimand them.

Constitution WANAUAMSHO and the Union of Tanganyika and Zanzibar In Zanzibar UAMSHO (a religious group) is very optimistic trying to push religious and political agenda in the isles. In this year 4 churches were set ablaze in Zanzibar by this group The group is strongly opposing the current union of Tanganyika and Zanzibar The group as well opposes the whole process of the New Constitution of United Republic of Tanzania as they do consider that Zanzibar has its own constitution. Constitution Reform Commission The commission has commenced its work this year Challenges so far include; lack of civic awareness, insufficient time for people to contribute (in each meeting 3 hours have been distributed to 5 minutes for each participant hence only 36 people can contribute their views per session)

Disrespect of Article 18 of the Constitution of United Republic of Tanzania, 1977. In some of the gatherings members of the commission have been asking leading questions and providing critique to opinion provided. This was witnessed by the team from LHRC in a meeting at Ruvu station and Mlandizi in Pwani region on 19th July, 2012.

Publicity of the meeting is inadequate and the modality needs to be revised. A staff member from the LHRC was roughed up when she tried to take some pictures at one of the sessions in Kisarawe.

Brutality against women and children It was reported that at least 3664 women and children were brutally treated out of which 3074 were raped in various places of the country. No 1 Victim of violation Little girl X Violator Step Mother Incidence/Reason She was seriously wounded leading to her limb to suffer a fracture. These young girls were to be married off and abscond from studies. CSOs (LHRC & TGNP) made intervention He was seriously wounded as a result of canning at Veritas Extended Primary School Their mother just left without any care and she is nowhere to be seen. They were raped Place Mbeya

Six girls between 1214 years

Parents

Lugoba Pwani

Child X aged 10 years

Teacher

Kimara Dar es Salaam

Twins children

Mother

Tandale Kwa Mtogo Dar es Salaam

Three children aged 15

A gang (mob)

Kiluma village Momba district (Mbeya)

Child X

Mother

This little child was thrown by his mother She was forced to be married to a rich

Vingunguti Dar es Salaam Kilindi Tanga

Little girl X

Parents

person in her village 8 Children taking drugs Irresponsible parents There is an increase of street children who are drug addicts smoking marijuana especially in major cities A little girl was found dead and some of her private parts had been chopped off. She was exploited as a domestic worker earning 10,000/= per month and was brutally wounded by a sharp knife because she had failed to prepare food (makande) on time. Early pregnancies in Kilimanjaro region forced out of school 122 girls These little children were raped several times as they were coming from nursery school .Nothing has been done by the Police Arusha and Dar es salaam

Little girl X

Unknown people

Mbeya

10

Little girl X aged 12 years

Her boss

Arusha

11

122 school girls

Community

Kilimanjaro

12

One little boy and 2 little girls

Rapist (name withheld)

Chanika (Zingiziwa) Dar es Salaam

Human Trafficking Trafficking in persons is highly increasing in Tanzania Tanzania has now turned into a passage of thousands immigrants from Ethiopia and Somalia on their way to South Africa and finally to UK or USA In these six months, about 43 persons from Ethiopia who were on transit were found dead in Dodoma while as 82 others were arrested. LHRC urges the government to take immediate steps by reshuffling the immigration officers at all borders as the investigation continues.

END