DEMOCRACY, GOVERNANCE AND DEVELOPMENT Compiled by Nahoda, A.M.

DEMOCRACY, GOVERNANCE AND DEVELOPMENT

Compiled by Nahoda, A.M

DEMOCRACY, GOVERNANCE AND DEVELOPMENT (9 HRS)

Concepts of democracy and governancePrinciples of good governance

The role of constitution in governanceThe role of institutions in governance: central government, local government, community

participation in civil society.Governance and human rights in Tanzania

Democracy

• Meaning• Models• Principles• Merits and de merits• Q. What is the relationship between

democracy and development

Defining democracy

• The origins of the term democracy can be traced back to Ancient Greece. The terminology is derived from the Greek words kratos, meaning power or rule and from demos, meaning people.• these words combine mean ‘rule by the

people’.

What is democracy

• Democracy is government of the people, by the people and for the people ( Abraham Lincoln

• Democracy is any form of government in which the rules of society are decided by the people who will be bound by them (Catherine Kellogg)

• Democracy is a state in which all fully qualified citizens vote at a regular intervals to chose, among alternative candidates the people who will be in charge of setting the state policies. (Shively,W.P)

The meaning of the concept

• Some scholars view democracy as having two distinct set of concept

• It contain process and product or procedural democracy and substantive democracy.

• Procedural democracy has to do with the electoral system while substantive democracy is human right to equality

• The second is the question about the most important value of democracy is it individual right and liberty or welfare of the community

Joseph Schumpeter, 1942:

The classical theory is too broad and vague. It is much more practical to narrow the meaning of democracy to the method:“The democratic method is that institutional

arrangement for arriving at political decisions in which individuals acquire the power to decide by means of a competitive struggle for the people’s

vote”.**Joseph Schumpeter, Capitalism, Socialism, and

Democracy. New York: Harper, 1947, p.269

Democratic process/ methoddemocratic method has two dimension:contestation – free and fair competition between

candidatesparticipation – all adult citizens have the right to vote(Robert A. Dahl)The use of this method requires the freedoms of: expression, to speak publicly and publish one’s views assembly, to gather for political purposes association, to form political organizations

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Key elements of Democracy:

1. Citizen Involvement2. System of Representation3. Rule of Law4. Electoral System5. Equality6. Freedom, Liberty, and Rights7. Education

Models of Democracy

• There are various contrasting models of democracy:1. Classical democracy2. Protective democracy3. Developmental democracy4. People’s democracy5. Liberal democracy

1 Classical democracy

• Questions central to defining democracy:oWho are the people?o In what sense should the people rule? o How far should the people rule extend?

The Classical Theory of Democracy

The triple meaning:

• Democracy as source of state authority – power of the people

• Democracy as the purpose of government – the common good

• Democracy as a method of choosing political leaders – by the people

Classical democracy

• KEY PRINCIPLES OF ATHENIAN DEMOCRACY:• Every citizen should have the right to vote• and to hold office• The duty of all citizens is to participate actively

in the system• Decisions should be made by the majority

vote

Classical democracy

– This model of democracy is based on the polis, or city-state of Athens Greece.

– The form of direct democracy is portrayed as the only ideal system of popular participation.

– Athenian democracy can be described as a form of government by mass meetings.

– All major decisions were made by the Assembly to which all citizens belong.

– Officials were chosen by ballots to demonstrate that a microcosm of the citizenry participated

2 Protective Democracy• The idea of direct democracy was shelved. In

the 17th and 18th centuries the focus was on protecting citizens from the encroachment of government, hence protective democracy.• John Locke argued in the 17th century that the

right to vote was based on the existence of natural rights (God-given rights that are fundamental to human beings and are inalienable).

2 Protective Democracy• Locke argued that if government, through taxation, has

the power to expropriate property, citizen were entitled to control the composition of the legislature.

• Democracy now meant a system of government by consent, operating through a representative assembly.

• Jeremy Bentham and John Mills, utilitarian theorists in the 18th century proposed a radial approach and advanced their argument in support of individual interest. Bentham opined that individuals seek pleasure and avoid pain, which was a way of promoting ‘the greatest happiness for the greatest number.’

2 Protective Democracy• John Mills– His overall concern was with self development,

and laissez faire policies seemed to provide the scope needed for individual freedom.

• The critical point of protective democracy is that it aims to give people the widest scope to live their lives as they choose.

• This liberty must then be protected by a mechanism of the separation of powers via separate executive, legislature and judiciary.

3 Developmental democracy

• Jean-Jacques Rousseau– provided an alternative view to the democratic

theory. At the centre of Rousseau’s model is the general will: the genuine interests of a collective body, equivalent to the common good; the will of all provided each person acts selflessly.

– He proposed that ‘ no citizen shall be rich enough to buy another, and none so poor as to be forced to sell himself.’

3 Developmental democracy

• Jean-Jacques Rousseau– Rousseau’s system of radical development required

economic equality. – Development of self can only be achieved when citizen

by participate in decisions that shape the their lives.– Mills views are also instructive as he promotes the

‘highest and harmonious’ development of individual capacities, by participating citizen enhance their understanding, strengthen their sensibilities, and achieve the highest personal development

4 People’s democracy• The term people democracy is derived from the orthodox

communist regime.• Karl Marx believed in the principle of a democracy based its

implication of egalitarian prospects and thought of a society in which there was common ownership of wealth (social democracy)

• He believed the overthrow of capitalism would lead to the flourishing of a genuine democracy

• A system of ‘bourgeois’ democracy would be replaced by ‘proletarian’ democracy.

• He predicted that class antagonisms would dissolved and the capitalist state would ‘wither away’. There would only be one class

4 Liberal Democracy• Liberal democracy is accepted as the worldwide

practices of politics. Its key constructs are:– Indirect or representative form of democracy

in which political office is gained by success in regular elections.

– It is based on competition and electoral choice.– There is a clear distinction between the state

and civil society.–most important goal is protecting individual

rights

Liberal democracy Key elements:• Constitutional Government • Civil rights• Checks and balance• Voting • Party competition• Pluralism• Civil society • Market economy

Liberal democracy

• Various interpretation of liberal democracy as advanced by the following:–Pluralism– Elitism–Corporatism–Marxism–Majoritarian

The pluralist view

• The pluralists argued that society is ruled by competing organized groups in which individuals are represented largely through their membership, and all groups have access to the policy process.

• The main features of the pluralist perspective are as follows:1. There is a wide dispersal of political power amongst competing

groups. 2. There is a high degree of responsiveness with group leaders

being accountable to members3. There is a neutral government machine that is sufficiently

fragmented to offer groups a number of points of access.

Elitist view

• Elitism developed as a critique of egalitarian ideas such as democracy and socialism (Heywood2007).

• Classical elitists argue that democracy is a ‘foolish delusion’, according to them the privileged minority in society always dominate with political power. It is this minority group that organize and make decisions, even in parliamentary democracy.

Elitist view

• elite democracy•most important goal is the general

welfare• requires an elite capable of pursuing the

long-term interests of society –actually values low mass participation

Corporatist view

• Neo corporatism or liberal corporatism gives rise to ‘tripartite government’ in which government is conducted through organizations, state officials, employers’ groups and unions to deal directly with one another.

• Marxist view• The Marxists view of democracy is that power

can not be evenly dispersed in society as long as class power is unequally distributed.

Majoritarian democracy

•most important goal is maximizing mass participation• high mass participation will result in

decisions being made that maximize the general welfare

Majoritarian democracy

–majoritarian democratic critiques of other models• elite democracy – there is no such thing as

an elite that is not self-interested and will look after the good of the general masses• liberal democracy – emphasis on individual

rights is used to limit government in order to protect small, priveleged groups

A Matter of degree

• “ Democracy is a matter of degree. Some countries are more democratic than others.

• But none is perhaps very democratic, if any high standard of democracy is applied. Mass democracy is a difficult and hitherto largely uncharted territory, and we should be nearer the mark, and should have a far more convincing slogan, if we spoke of the need, not to defend democracy, but to create it.”

- E.H Carr, English Historian

Merits of Democracy

• A democratic government is a better government because it is a more accountable form of government.

• Democracy improves the quality of decision making.• Democracy provides a method to deal with differences

and conflicts. It is suitable the countries like India. India having diversity of language, religion and cultures. Democracy in India made it possible to keep unity in diversity.

• In a democracy no one is a permanent winner or loser.

Merits of Democracy

• Democracy is better than other forms of government because it allows us to correct its own mistakes.

• Democracy enhances the dignity of citizens, because it is based on the principle of political equality, on recognizing that the poorest and least educated have the same status as the rich and the educated.

Demerits or Drawbacks of Democracy

• Leaders keep changing in a democracy. This leads to instability.

• Democracy is all about political competition and power play. There is no scope for morality.

• Elected leaders do not know the best interest of the people. It leads to bad decisions.

• Democracy leads to corruption for it is based on electoral competition.

• Ordinary people don’t know what is good for them; they should not decide anything.

UNDP (1997)

• Governance is the exercise of economic, political, and administrative authority to manage a country s affairs at all levels. It comprises the mechanisms, processes, and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences.

World Bank

•Governance is a method through which power is exercised in the management of a country s political, economic, and social resources for development

Good governance

• Good governance is a process, where rules and well-functioning institutions are applied to manage nation’s affairs in a manner that safeguards democracy, human rights, good order and human security, and economy and efficiency are followed in management of country’s resources.

• Six elements GG in World Bank definition:• 1. Voice and Accountability. Presence of

orderly transfer of power, freedom of association, Press freedom, travel freedom. Human rights, democratic accountability, the role of opposition

• 2.Political stability. Lack of Military coup, insurgency, terrorism, assassination, civil unrest

• 3.Government Effectiveness. Quality of bureaucracy, budgetary process, policy consistency

• 4.Regulatory Quality. Regulation, foreign investment, govt. intervention, tax effectiveness

• 5.Rule of law. Lack of Crime, black market, presence of quality of judiciary, quality of police, property rights

• 6. Control of corruption. Incidence of Corruption, anti-corruption measures and public trust in government

UN Characteristics of Good Governance

• Accountability• Transparency• Responsiveness• Effectiveness and efficiency• Rule of law• Participation• Equity and inclusiveness• Consensus Orientation

Obstacles of Good governance

• a) Ignorance • b) Corruption,• c) Politicization of administration,• d) Weak democratic institutions,• e) Ineffective parliament,• f) Absence of the rule of law and• g) Absence of meritocracy etc.

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Critique of Good Governance

• Need contextual understanding• Tendency to depoliticize government• Ambiguous definition of good governance• Over emphasis on governance indicators

and quantification• Good governance institutions do not

guarantee automatic reduction of poverty and sustainable development

• Tendency to do governance without government

What is a constitution?

• The term was first used in relation to the Revolution of 1688 in Britain. Eighteenth-century French writers like Montesquieu referred favourably to the‘ British constitution' which either does not exist, or is an 'unwritten constitution', a contradiction in terms.

• The first written constitution was the American one drawn up by the Philadelphia Convention in 1787. It has provided a model for many others.


• the laws under which a country is ruled, which give the people rights and responsibilities, and which give the government powers and duties (Collis, P.H Dictionary of Politics and government)

• Constitutions are sets of formal written rules governing states and organizations. (The Blackwell Dictionary of Political Science)


• The rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship between the individual and the state. (Oxford dictionary of law)

(1)As to their origin and history:(a)Conventional or enacted.− one which is enacted by a constituent assembly or granted by a monarch.(b)Cumulative or evolved.− like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

Types of Constitution.

• (2)As to their form:• (a) Written− one which has been given definite

written form at a particular time, usually by a specially constituted authority called a “constitutional convention”.

• (b) Unwritten− one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates.


• (3)As to manner of amending them:• (a) Rigid or inelastic− one regarded as a

document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process.

• (b) Flexible or elastic− one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.


The Constitution CompositionThe Constitution is comprised of the following:

• Preamble:The preamble is the introduction to the Constitution. It is the part of a statute that sets out its purposes and effects. It follows immediately after the long title and date of royal assent. • Articles:

• Amendments:Changes made to legislation, for the purpose of addingto, correcting, or modifying the operation of the legislation.

The role of constitution in governance

• It establishes authority and institutions for running of the country:

Article 38-61 The executive: President vice president, Prime minister, cabinet Article 62 parliament,

74. Electoral Commission, Court, local government, armed forcesController and Auditor-General


• It limits on the powers of the government• 32. Power to proclaim state of emergency• 64. Legislative power:• (3) Where any law enacted by the House of

Representatives concerns any matter in Tanzania Zanzibar which is within the legislative jurisdiction of Parliament, that law shall be null and void, and likewise if any law enacted by Parliament concerns any matter which is within the legislative jurisdiction of the House of Representatives that law shall be null and void.

The role of constitution in governance• It makes the government accountable to its

citizens.• Citizen elect the president in direct election• Citizen elect the member of parliament• The executive is accountable to the parliament• The Freedom of Expression(2) Every citizen has the right to be informed at all times of various events in the country and in the world at large which are of importance to the lives and activities of the people and also of issues of importance to society.


• It defines democracy and the rights of its people (Article 12-24 URT constitution

• NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY THE CONSTITUENT ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA, on behalf of the People, for the purpose of building such a society and ensuring that Tanzania is governed by a Government that adheres to the principles of democracy and socialism. (preamble)


• The unity, stability and prosperity of the country depends largely on the constitution

• It is the foundation of good governance



The role of constitution in governance The role of institutions in governance:

central government, local government, community participation in civil society.Governance and human rights in Tanzania

The Role of Central Government

• Government is the agency or instrumentality through which the will of the State is formulated, expressed and realized.

• There form of governments may be • Unitary v/s federal government• Unitary government system usually have

Central and local government


• The federal and central government will usually have the three important organs in performing their roles, these institutions are:

• The executive• The Judiciary• The legislature


• The legislature• Parliaments are crucial to the achievement of

good governance playing an important role in terms of legislation, oversight and representation.

• Their representational role include ensuring that citizens and other stakeholders have a voice at the national level and are therefore involved in national governance issues.


• The judiciary• The judiciary ensure equality before the law by

delivering justice without fear and biasness. The judiciary also check the decision of both the executive and the legislature to ensure that all organs act in accordance with the law of the land

• The executive• The executive takes the main role in the

governance process


• The executive• The executive takes the main role in the

governance process• The central government role is to create an

enabling environment for good governance to take place. This include:

Constitutional and Legal Framework, Institutional Setting,Policy Environment


Decentralization: Decentralization will lead to the creation of local stakeholder specifically the local government and civil societies

• Decentralization is the primary strategy for transferring responsibility from the central government to subnational levels of government. It is a fundamental change in the institutional framework in which political, social, and economic decisions are made.


• Scholars have distinguished different forms of decentralization

• Deconcentration is the transfer from central agencies operating from the capital cities to field offices of these agencies;

• Delegation is the transfer of service responsibility from central government agencies to specialized organizations with some degree of operating autonomy (semi-autonomous corporations or subnational units of government);


• Devolution is the transfer from central government to autonomous units of local government with corporate status (units with a statutory or constitutional basis for power that is distinct from central government);

• Privatization is the transfer of responsibility for producing goods or services to private voluntary organizations or private enterprises.


Liberalization: Political liberalization will lead to the formation of civil societies including political parties and NGOs, FBOs,CBOs, professional associations, free media, etc

Economic liberalization will lead to investment and the creation of a free market economy

Tanzania Experience

• From the late 1980s and early 1990s, governance had come under severe pressure because of difficulties in the management of public sector that were reflected in:

Financial mismanagement;Corruption;Poor accountability;An overloaded and inefficient legal system;

Tanzania Experience

• From the late 1980s and early 1990s, governance had come under severe pressure because of difficulties in the management of public sector that were reflected in:

Ambivalence in sanctifying the fundamental human rights;

Erosion of meritocracy in public service;Tax evasion and unnecessary bureaucratic

procedures.

Tanzania Experience

• in November 1995 , H.E. Benjamin William Mkapa declared firmly that good governance would be the priority of his presidency.

• He His Government has the political will and commitment to give governance issues the highest priority

• His Government recognizes that Governance play an important role in promoting socioeconomic development and reducing poverty.

Tanzania Experience

• The Government has undertaken among other the following measures:

Introduction of multi-party political system; Appointment of a Minister of State responsible for

Good Governance and formation of the Prevention of Corruption Bureau to lead the fight against corruption;

Improvement of government-business relations; Establishment of the Tanzania Revenue Authority to

administer revenue collection;

Tanzania Experience


Establishment of Parastatal Sector Reform Programme to manage the privatization process;

Enactment of a law establishing a free trade union movement; restructuring the government through a Civil Service Reform Commission;

Formation of Human Rights Commission; Formation of Judiciary Reform Programme;

Tanzania Experience


Formation of a commission to review the Union constitution;

Introduction of the Integrated Financial Management System (IFMS) and regional sub-treasuries with the aim of increasing efficiency of budget management;

Formation of a ministry responsible for regional administration and local government.

The role of local government

• Definition: Local governance describes the process of making decisions, allocating funds and delivering services at the local level.

• It involves actors (e.g. mayors, local councils, NGOs, business associations), formal and informal institutions (e.g. municipal administration, council, but also rules and regulations), and available means (e.g. human resources, money).


• The role of local government in governance is Provide

• Goods and Services,• Infrastructure,• Information• Local government has to perform their duties

based on the following principles of good governance at local level


• Public Participation: – Citizens should be at the heart of public activity in

clearly defined ways.– All voices should be heard especially of the vulnerable,

and they are included in resource allocations.• Responsiveness: structures, rules and procedures

should be responsive to legitimate needs of citizens• Efficiency and effectiveness:

– Results match objectives– Resources are optimally utilised


• Openness and transparency: – Decisions should be taken and enforced in

accordance with the law/legislation– There should be access to information by the

public• Rule of Law: Councils should abide by the law• Innovation and openness to change: Councils

to embrace new and efficient solutions

The role of local government, community participation in civil society

• Ethical conduct: – Public good to be placed before individual interest– There should be effective measures to prevent and

combat corruption• Competence and capacity: professional skills of

those who deliver governance to be continuously strengthened to improve output

• Sustainability and long-term orientation: Needs of future generations have to be considered in policies.


• Sound Financial management: – Prudence to be observed in financial

management. – Planning and budgeting to be done in consultation

with citizens– Risks to be properly estimated and managed – Charges should not exceed the cost of services


• Human rights and cultural diversity observed:– Human rights should be respected– Access to basic services ensured– Diversity is an asset and should be treated as such

• Accountability:– Decision makers must take responsibility for

decisions made– There should be effective remedies against

maladministration

Role of community participation in civil society

• Civil society is – a space, an arena, a sphere

• In which citizens – associate with each other– independently of the state, – creating a network of links and organizations – to promote their collective identities– and serve and represent their group interests


• Civil societies organizations and actors has emerged demanding increased involvement in policy and budgetary decision making at national and local levels.

• These civil societies create a room for community participation and accountabilities


Civil societies pressure public officials and service providers to discharge their duties and responsibilities in a more transparent, accountable, and responsive manner.

CSOs work with their respective governments to influence priorities for public spending and policy reform


To monitor public expendituresTo demand improvements from their

governments in response to poor public service delivery, mismanagement, and misuse of public funds.


• Civil Society covers a wide range of organised groupings: • NGOs – national and international• Religious organisations (FBOs)• Professional associations• Trade Unions• Co-operatives• Political parties• The Media• Community-based organisations (CBOs)• Legal and Human rights groups• Research Organisations

Thus community need to participate as:

• Members of civil societies, • Financier, (civil society need financial support)• Supporter, (activities of civil societies)• Beneficiary of goods and services, • Watchdog (leading to accountability)• Informer ( giving information about their need

and want, grievance and appreciation, expressing their interests

Tanzania experience

• From Government Decentralization and Structural Adjustment Reforms

• The Gender Budgeting Initiative of the Tanzania Gender Network Programme is a good example of an intervention whose origins can be traced to the opening up of the Tanzanian economy and of the country’s society.

Tanzania experience

• Economic policy reforms in the 1980s led to the erosion of gender equity gains achieved in the areas of education and health during the prior socialist era.

• The liberalization policies opened new opportunities in the political sphere; in particular, through the current democratization process that demands, among other things, good governance, accountability, transparency, rule of law, and openness.

Tanzania experience

• Taking advantage of both the negative and positive changes, the Tanzania Gender Network Programme saw an opportunity to begin the Gender Budgeting Initiative intervention, whereby it campaigned simultaneously for democratization of the budgeting process and for greater gender sensitivity within that process.

Tanzania experience

• From Antipoverty Strategies• Actionaid’s initiative to monitor Tanzania’s PRS• Actionaid together with other civil society

actors in the country participate in monitoring all parts of the program cycle, reinforcing commitment, accountability, and transparency on the part of the government as the main public service provider, policy maker, and planner.

Tanzania experience

• From Public Service Delivery and the Millennium Development Goals.

• Tanzania Education Network monitors the use of funds disbursed to the education sector, came into being as a result of the need to assess how funds allocated for school capacity development and teacher in-service education are allocated at the national level to districts and by districts to schools.

Tanzania experience

• From Public Service Delivery and the Millennium Development Goals.

• Tanzania is currently implementing the ambitious and challenging Primary Education Development Plan, part of the country’s broad Education Sector Development Programme aimed at fulfilling the Education for All declaration made in Dakar and meeting Tanzania’s PRS commitment to eradicate poverty


• Challenges:• Local managers complain that NGOs do not

have the capacity to engage in partnerships, or that citizens' lack the technical awareness to debate service options.

• Conversely, citizens and NGOs complain that local governments are too bureaucratic, are arrogant, and do not want to share power . Mutual mistrust is the standard.


• Challenges:• Sceptics see the rapid growth of CSOs in

recent years more as a response to the growing involvement of bilateral donors in non-state sectors than as a response to the needs of the country’s poor majority and most vulnerable groups.

Human Right in Tanzania

• There are four basic right in the URT CONSTITUTION

1. The Right to Equality2. The Right to life3. The Right to Freedom of Conscience4. The Right to Work• Tanzania is a signatory of Universal Declaration

of Human Rights and African Charter on Human and Peoples’ Rights

Human Right in Tanzania

• Tanzania is a founding member of EAC• Article 6 (d) of EAC Treaty: Good Governance

includes “adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights”.

Human Right in Tanzania• The prime responsibility and duty to promote and protect human rights and fundamental freedoms lie with the state • Individuals, groups and associations also have right and responsibility to promote respect for and foster knowledge of human rights and fundamental freedoms at the national and international levels.

THE LINK BETWEEN HUMAN RIGHTS AND GOOD GOVERNANCE

• Principles of good governance: democracy, rule of law, accountability, and

participation, transparency, social justice, equal opportunities, gender equality, integrity, effectiveness and efficiency, and above all, promotion and protection of human rights.


• Rule of Law as a principle of good governance must be supported by guarantees on civil rights :

a) Guarantees on property, personal security and liberty

b) The role of the independence of the Judiciary• Transparency as a principle for good governance

is normally enriched by the human rights in terms of freedom of information.


• Openness in government operations is determined by freedom of access to information and understanding of decision making mechanisms.

• Openness and access to information reduce uncertainty and can help control corruption among officials. It is about clarity of government rules, regulations, and decisions.

Human Rights issues in Tanzania

• Amnesty International USA 2013• Freedom of expression – media• Tanzania continued to regulate the media with

laws incompatible with its Constitution and international law. The Newspaper Act and Penal Code were used to suppress media freedom, despite calls from journalists to review these laws.


• Amnesty International USA 2013• Freedom of assembly and excessive use of force• n February, police arrested 16 human rights

defenders, including 14 women, for holding an unlawful assembly. They were released the same day. The defenders were part of a group of around 200 activists taking part in a public demonstration in the capital, Dar-es-Salaam, calling for the government to resolve the doctors' dispute.


• Amnesty International USA 2013• Death penalty• The courts continued to impose death

sentences. No executions were carried out. A petition challenging the constitutionality of the death penalty filed by civil society in 2008 remained pending.

• http://www.amnestyusa.org/research/reports/annual-report-tanzania-2013


• Amnesty International USA 2013• Violence against women and girls• Sexual and other forms of gender-based violence,

particularly domestic violence, remained widespread.

• Older women were vulnerable to attack on the basis of allegations of witchcraft. Few perpetrators were brought to justice.

• The practice of female genital mutilation remained prevalent in some areas of the country.


• 2012 the Legal and Human Rights Centre of Tanzania (LHRC

• In mainland Tanzania, 6,000 rape cases were reported, with 565 cases involving children below the age of 18,

• In Zanzibar, 689 rape cases were reported, of which 287 were child victims.

• The report also showed that more than 4,000 girls were subjected to female genital mutilation in the Mara region.


• Albinism• The killing and mutilation of people that suffer from

albinism continues. Some witch doctors believe the witchcraft to be more powerful if the victim screams during an amputation.

• 2000- 2013 prosecutions for these crimes are rarely successful with only five known cases of convictions out of the 72 murders of people with albinism documented in Tanzania

• Corruption, human trafficking, etc

Tanzania experience

• URT instituted the Commission for Human Rights and Good Governance

• Commission for Human Rights and Good Governance is vested with both investigative and prosecutorial powers as regards cases of human rights abuses and cases of maladministration.

Tanzania experience

• The Commission for Human Rights and Good Governance (CHRAGG) is an independent government department, established as the national focal point institution for the promotion and protection of human rights and duties as well as good governance in Tanzania. CHRAGG was established under Article 129(1) of the Constitution of the United Republic of Tanzania of 1977 as amended by Act No. 3 of 2000.

Tanzania experience

• Challenges: Does the Commission has any teeth?

• In a recent case, the Commission found against two district officials who had ordered and carried out the destruction of villagers’ homes and property in order to expand a game park. So far, the government has failed to act on the Commission’s ruling,

Tanzania experience

• Challenges:• Integration to EAC lead to new Human Rights

challenges:Human rights issues regarding employment, non discrimination in business (goods and services) on the basis of nationality, immigration and ownership of property rights (real and personal).

Tanzania experience

• Integration to EAC lead to new Human Rights challenges:

• free movement of persons, labors and right of establishment threat of terrorism; possible inability to enforce law and order caused by the flow of immigrants in each Partner State; possible strain on social services such as health and education by a disproportionate influx of immigrants in any Partner State.

Tanzania experience

• Integration to EAC lead to new Human Rights challenges:

• Free movement of services draws our attention on potential challenges caused by discriminatory and indistinctly applicable rule

• Free movement of capital necessitates collective efforts of Partner States on anti-money laundering

DEMOCRACY, GOVERNANCE AND DEVELOPMENT Compiled by Nahoda, A.M.

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