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 Name of Victim(s) Date/Year Incidents/reasons Violator Area

No Name of Victim(s) Date/Year Incidents/reasons Violator Area

1 Hassan Mgalau 6th March 2012 Killed Police Urambo Tabora

2-4 Three people February killed police Songea

4 Jackson Bkohe January Killed police Nyamongo

5 Mgoyo Mgoyo January Killed police Musoma vijijini

6 Mipawa samweli February killed Sungu sungu ….

7 Saidi msabaha March killed police Mbeya

8 One person March Killed police Kikatiti Arumeru

9-13 Five person march killed JWTZ officer Ulanga morogoro

14 Selemani mshaweji

(22)

March Injured by bullets JWTZ officers Baracuda Kigamboni

15 Juma Samson June Beaten to Death Park warden Serengeti 2503734

16 Joseph Chacha May Shot to Death North Mara Mine

Security officers

Tarime

17 Daniel Nsimba May Shot North Mara Mine

Security officers

Tarime

18 Kumtange Jusario July Shot Mwiba Company

Security Guards

Arusha

19 Tugura Wansimba February Shot North Mara Mine

Security officers

Tarime

20 Mgosi Magige

Chacha

June Shot North Mara Gold

Mine Security officers

Tarime

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 Name of Victim(s) Date/Year Incidents/reasons Violator Area

1 Msafiri mbwambo

(32)

April Killed due to Politics Unknown Arumeru

2 One young man May Killed Mob violence DUCE campas

3 Student July Killed Angry men St Agrey teachers

Collage

4 Simon Samson (34) April Killed Angry men Mbeya

5 John Raphael Mrema January Killed Angry men Arusha

6 Two people February Killed Angry men Singida

7 One person January Killed due to his

involvement in illegal

fishing

Angry men Along lake Victoria

8 One person February Killed Angry men Mikocheni

9 Daudi kiberenge March killed Angry villagers Meatu shinyanga

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 Name of victim(s) Date /year Incident/reasons Violator Area

1. Laurencia Bangili (70) May Killed and burnt Angry villagers Lwezera village Geita

2 Kulwa Mashana (65) May Killed and burnt Angry villagers Lwezera village Geita

3 Ester (55) May Killed and burnt Angry villagers Lwezera village Geita

4 Rose Mabeshi (42), May Killed and burnt Angry villagers Lwezera village Geita

5 William Mwakwama (68) July Killed His children Itota village Rungwe

District Mbeya

6 Mwashi Saida (70) March killed Two steps sons Mkole village, Nkasi

District

7 Fortunata Komba March killed Grandmother Songea

8 Lustica Kibila (80) January Killed and some parts

of his body were

chopped off

Unknown Mwuimbi limuli

Iringa

9 Gaitani Mgimu(60) January Killed and some parts

of his body were

Unknown Mwuimbi limuli

Iringa

chopped off

10 A woman February Killed and some parts

of his body were

chopped off

Unknown Geita

11 Consolata Nsokelo (64) February Killed and burnt Mob violence Usevya Katavi

12 Oluita Pesambili(74) February Killed and burnt Mob violence Usevya Katavi

13 Nyazingwa jinsia (55) March Killed Unknown Shinyanga

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. Ulimboka’s 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 General’s (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 person’s 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 Chang’ombe 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 NSSF’s 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 voter’s 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 Doctor’s 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 Victim of violation Violator Incidence/Reason Place

1 Little girl “X” Step Mother She was seriously

wounded leading to

her limb to suffer a

fracture.

Mbeya

2 Six girls between 12-

14 years

Parents These young girls were

to be married off and

abscond from studies.

CSOs (LHRC & TGNP)

made intervention

Lugoba – Pwani

3 Child “X” aged 10

years

Teacher He was seriously

wounded as a result of

canning at Veritas

Extended Primary

School

Kimara – Dar es

Salaam

4 Twins children Mother Their mother just left

without any care and

she is nowhere to be

seen.

Tandale Kwa Mtogole

–Dar es Salaam

5 Three children aged 15 A gang (mob) They were raped Kiluma village –

Momba district

(Mbeya)

6 Child “X” Mother This little child was

thrown by his mother

Vingunguti – Dar es

Salaam

7 Little girl “X” Parents She was forced to be

married to a rich

Kilindi – Tanga

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

Arusha and Dar es

salaam

9 Little girl “X” Unknown people A little girl was found

dead and some of her

private parts had been

chopped off.

Mbeya

10 Little girl “X” aged 12

years

Her boss 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.

Arusha

11 122 school girls Community Early pregnancies in

Kilimanjaro region

forced out of school

122 girls

Kilimanjaro

12 One little boy and 2

little girls

Rapist (name

withheld)

These little children

were raped several

times as they were

coming from nursery

school .Nothing has

been done by the

Police

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