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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
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- UN Committee on Economic, Social and Cultural Rights
- UN Human Rights Committee
- UN Committee on the Elimination of Discrimination against Women
- UN Committee on the Elimination of Racial Discrimination
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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UN Committee on Economic, Social and Cultural Rights
E/C.12/TZA/CO/1-3
Last reported: 13 / 14 November 2012
Concluding Observations issued: 30 November 2012
Issues raised:
Violence: The Committee is concerned that the provisions of the Covenant have not been fully incorporated into the domestic legal order. It is also concerned that the State party invokes traditional values to explain practices that are not in line with obligations flowing from international human rights law, such as polygamy, female genital mutilation (FGM), as well as corporal punishment of children in schools. (art. 2, para. 1) (Paragraph 4).
The Committee urges the State party to take the necessary measures to give the Covenant full effect in its domestic legal order, throughout its territory, including through the planned constitutional review prior to 2015. The Committee also calls on the State party to ensure that redress for violations of the Covenant rights can be sought, and that the curriculum of training centres for judges include all economic, social and cultural rights, as contained in the Covenant.
Domestic violence: The Committee is concerned that domestic violence and sexual abuse of women and children is widespread, that women are often prevented from reporting domestic violence, and that the prosecution rate of perpetrators is low. It is also concerned that domestic violence and spousal rape are not specifically criminalized. (art.10) (Paragraph 13)
The Committee urges the State party to take steps to prohibit and criminalize domestic violence and spousal rape, and ensure that all perpetrators of such crimes are prosecuted. It recommends that the State party ensure that victims of domestic violence have access to justice, by encouraging the reporting of crimes, and that perpetrators are prosecuted and punished. The Committee also recommends that the State party ensure that victims have access to adequate services for recovery, counselling and other forms of rehabilitation, and take steps to raise public awareness on domestic violence and spousal rape. It also urges the State party to intensify its efforts to combat sexual abuse of children.
Corporal punishment: The Committee is concerned that corporal punishment of children is lawful as a sentence of the courts, as well as a form of discipline in schools, alternative-care institutions, and in the home. (art.10) (Paragraph 14).
The Committee urges the State party to take legislative and other measures to prohibit and prevent corporal punishment of children in all settings, in particular as a sentence of the courts, as well as in schools, alternative-care institutions and in the home.
Child labour: The Committee is concerned that, despite the Employment and Labour Relations Act 2004 and the Law of the Child Act 2009, child labour is widespread and that many children are engaged in economic activities that are hazardous and dangerous. (art.10) (Paragraph 15).
The Committee recommends that the State party intensify its efforts to combat child labour, and particularly strives to eliminate the worst forms of child labour, including through effective enforcement of legislative provisions prohibiting child labour.
Street children: The Committee, while recognizing progress made by the State party, is concerned that in spite of the measures taken by the State party about the high number of children living and/or working in the street, in particular in Dar es Salaam, Mwanza and Arusha. It is also concerned that these children are exposed to various forms of violence, including sexual abuse and exploitation, and have limited access to health services and education. (art.10) (Paragraph 16).
The Committee recommends that the State party continue to take steps to address the high number of children living and/or working in the street, in particular in Dar es Salaam, Mwanza and Arusha, address the root causes of the phenomenon, and improve the access of all street children to health services and education.
Trafficking: The Committee is concerned that the State party is a source, transit and destination country for trafficking in persons. It is also concerned about the high level of internal trafficking from rural to urban areas affecting children for exploitation in domestic servitude, petty trade and prostitution. (art.10) (Paragraph 17).
The Committee recommends that the State party take steps to combat and prevent trafficking in persons, as well as internal trafficking of children, including through the effective implementation and enforcement of the Anti-Trafficking in Persons Act 2008, as well as effective and sufficient costing of the National Anti-Trafficking Action Plan 2011-2015.
Female genital mutilation: The Committee is concerned that, in spite of the criminalization of the practice of female genital mutilation (FGM), it remains highly prevalent in rural areas, and that knowledge among women of the related risks is very low. (art.10). (Paragraph 18).
The Committee recommends that the State party ensure effective enforcement of the Criminal Code provisions criminalizing FGM, expand programs against FGM prioritizing those regions with a high prevalence, and organize media campaigns and other outreach activities on FGM.
HIV and AIDS: Despite the adoption by the State party of the National Strategy for Growth and Reduction of Poverty, the Committee is concerned that poverty remains widespread, with 34 percent of the population living below the basic needs poverty line. It is also concerned that older people caring for children due to HIV/AIDS or labour migration are particularly disadvantaged. (art.11) (Paragraph 19).
The Committee recommends that the State party intensify steps taken to reduce poverty and eradicate extreme poverty, in particular in rural areas as well as among older people caring for children due to HIV/AIDS or labour migration. The Committee requests the State party to include in its next periodic report disaggregated and comparative data, by year and by rural and urban regions, on the extent of poverty as well as progress made in its efforts to combat it. The Committee draws the State party’s attention to the Committee’s statement on Poverty and the International Covenant on Economic, Social and Cultural Rights adopted on 4 May 2001 (E/2002/22-E/C.12/2001/17, annex VII).
Child malnutrition: The Committee notes with concern that many people living in the State party, particularly in central, south east and north east Tanzania, are prone to food insecurity. It is also concerned about the high rates of malnutrition and chronic hunger of children in rural areas. (art.11) (Paragraph 21).
The Committee recommends that the State party take steps to address chronic food insecurity, chronic malnutrition and the critical nutritional needs of children, in particular in central, south eastern and north eastern regions. The Committee draws the State party’s attention to its general comment No. 12 (1999) on the right to adequate food.
Infant mortality: The Committee notes with concern the high rate of infant and under-five mortality and maternal mortality, and the low number of births that are assisted by a skilled birth attendant, especially in rural areas. The Committee is also concerned about the high rate of teenage pregnancies. (art.12) (Paragraph 24).
The Committee recommends that the State party take urgent steps to reduce the high rate of infant and under-five mortality and to ensure that births are assisted by skilled birth attendants. It recommends that the State party intensify its efforts to improve access by women to basic obstetric and neonatal care, reproductive health services, and to basic health-care centers, in particular in rural areas. The Committee recommends that the State party take measures to address the high rate of teenage pregnancies, including through family planning information and services, ensuring access to contraceptives regardless of marital status or age, and promoting sexual and reproductive health as part of the education curriculum targeted at adolescent girls and boys.
Health: The Committee is concerned about the exposure to highly toxic substances, such as mercury and other dangerous chemicals, by people, especially women and children, who engage in artisanal mining activities. It is also concerned about the impact of artisanal mining, and the chemicals used, on the environment and livelihoods of local communities, including contamination of water sources such as rivers, lakes and other bodies of water. (art.12) (Paragraph 25).
The Committee recommends that the State party take urgent steps to ensure that all persons, especially women and children, are not exposed to highly toxic substances such as mercury and other dangerous chemicals while engaging in artisanal mining activities, including through awareness raising of the local population, as well as inspections of artisanal mining areas and monitoring of the impact of such activities, including on water sources.
Education: Despite progress achieved in primary education enrolment following the abolition of school fees in 2011, the Committee is concerned about indirect costs in primary education, such as for text books, uniforms and school lunches. It is also concerned about the inadequacies in the educational infrastructure, often lacking water and sanitation, as well as shortages of text books and the limited number of qualified teachers. (arts. 13) (Paragraph 26).
The Committee recommends that the State party take steps to ameliorate the overall quality of education, to further increase the number of teachers, and to improve the availability of text books and other educational materials. The Committee recommends that the State party take steps to improve the physical environment of schools, including appropriate water and sanitation facilities, in particular in rural areas.
The Committee is concerned that approximately one-third of all children at primary level do not complete school. The Committee is furthermore concerned about the high drop-out rate in secondary education, in particular due to child labour, expulsions following positive mandatory pregnancy test results, and early marriage. (art.13) (Paragraph 27).
The Committee recommends that the State party take steps to ensure free primary education, and urgently address the high drop-out rate in both primary and secondary education, including through abolishing mandatory pregnancy testing and prohibiting expulsions due to pregnancy.
Children with disabilities: The Committee is concerned about the lack of access to education of children with disabilities, children of pastoralist communities, as well as refugee children living in the Mtabila camp. (art. 13) (Paragraph 28).
The Committee recommends that the State party take steps to guarantee an inclusive education for all children with disabilities, in line with its 2012 Strategic Plan of Inclusive Education, as well as to ensure that all children of pastoralist communities and refugee children have access to primary education, including through the establishment of mobile and boarding schools.
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CCPR/C/TZA/CO/4
Last reported: 13 / 14 July 2009
Concluding Observations issued: 28 July 2009
Issues raised:
FGM: While welcoming the adoption of the Sexual Offences Special Provisions Act of 1998, which criminalizes female genital mutilation, and the National Plan of Action to combat FGM, the Committee is still concerned about the persistent practice of female genital mutilation and the fact that the law does not protect women above the age of 18. It also notes with concern the State party’s admission that the law has not been effectively enforced and that impunity for perpetrators prevails. (arts. 3, 7 and 26) (Paragraph 11).
The State party should adopt effective and concrete measures to combat female genital mutilation vigorously, in particular in those regions where the practice remains widespread, and ensure that the perpetrators are brought to justice. It should also amend its legislation with a view to criminalizing female genital mutilation regarding women above the age of 18.
Corporal punishment: While noting the pilot studies on best practice, which are carried out in conjunction with the United Nations Children’s Fund in schools in which caning is not applied, the Committee reiterates its concern that corporal punishment is still available as part of judicial sentences and is permitted within the education system, and that it continues to be applied in practice. (arts. 7 and 24). (Paragraph 16).
The State party should take measures towards the abolition of corporal punishment as a lawful sanction. It should also promote non-violent forms of discipline as alternatives to corporal punishment within the educational system and carry out public information campaigns about its harmful impact.
Trafficking: While welcoming the adoption of the Anti-Trafficking in Persons Act of 2008 and the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime by the State party, the Committee regrets the lack of information on the concrete measures taken concerning human trafficking and sexual exploitation of women and children, and the lack of more detailed information, including statistics, in this regard. (arts. 3, 7, 8, 24 and 26) (Paragraph 17).
The State party should take all necessary measures to combat trafficking in human beings and sexual exploitation of women and children. In particular, it should ensure the effective implementation of its anti-trafficking legislation, inform law enforcements officials as well as the judiciary about this new law, and adopt a national action plan on trafficking. It should also ensure that the human rights of victims of trafficking are given sufficient attention in the State party’s response to this phenomenon.
Child labour: While noting the efforts undertaken by the State party to address the issue of child labour, the Committee expresses its concern at the persisting prevalence of the phenomenon in the State party. The Committee regrets that no information was provided on the problem of street children and measures taken to respond to it. The Committee notes that the State party has not yet adopted a unified law to protect the rights of children. (art. 24)/ (Paragraph 25).
The State party should intensify its efforts to eliminate child labour, and in particular it should ensure the effective implementation of its time-bound programme to eliminate the worst forms of child labour by 2010, including by strengthening its public awareness-raising campaign in this regard. It should also speed up the process of adopting the unified law on child matters, and should include information, in its next periodic report, about the problem of street children and measures that have been taken, if any, to address it.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/TZA/CO/7-8
Concluding Observations on the Seventh and Eighth Periodic Reports
Adopted by Commmittee: 26 February 2016
Published: 7 March 2016
Issues Raised:
Ratification and State Policies:
The Committee welcomes the The Children’s Act (Zanzibar, 2011) and the Law of the Child Act (Mainland, 2009) and the National Committee on Violence against Women, Children and People with Albinism.
(para. 4, 5)
Budget Allocation:
The Committee notes the increased budget allocated to the Ministry of Health, Community Development, Gender, Elderly and Children (Mainland Tanzania).
(para. 14)
Stereotypes and Harmful Practices:
The Committee is concerned about the high prevalence of harmful practices, including child and/or forced marriage, female genital mutilation (FGM) in certain regions, ceremonies for girls which lead to abuse, the practice of prescribing sex with girls or women with albinism as a cure for HIV, ritual killings and attacks on persons with albinism, including women and girls, the use of their body parts for purposes of witchcraft, and the stigma and social exclusion suffered by mothers of children with albinism.
Furthermore, it is welcomes the National Plan of Action to Combat FGM (2001-2015), the criminalization of FGM performed on girls who are under 18 years of age, the establishment of the National Secretariat on the Elimination of FGM, and the intensification of related education, training and awareness-raising programmes and campaigns. It also notes the recent initiatives to engage numerous traditional leaders and their communities to denounce FGM and support children to undergo alternative rites of passage. The Committee, however, is concerned about: the continued prevalence of FGM in certain regions of the country, especially in rural and traditional communities; The weak enforcement of the law prohibiting FGM; Reports that FGM is increasingly perpetrated against girls at a very young age, including on babies.
(para. 18, 20)
Violence:
Impunity for perpetrators of such violence and the reluctance of girl victims of sexual violence to report cases of abuse to the police because of the stigma surrounding sexual violence; The insufficient protection, support and rehabilitation services available to women and girls who are victims of violence.
(para. 22)
Trafficking and Sexual Exploitation:
concerned at the persistence of trafficking in and sexual exploitation of women and girls in the country, and reports of trafficking in girls for domestic work and sexual exploitation.
(para. 24)
Education:
The Committee welcomes the adoption by the Ministry of Education and Vocational Training in the Mainland of the New Education and Training Policy (2014) which provides for equal access and opportunities to education and training between boys and girls. The Committee is, however, concerned at: The persistence of structural and other barriers to girls’ access to quality education, in particular at the secondary and tertiary levels of education, owing, inter alia, to inadequate budget allocations to the sector, which results in the lack of school infrastructure, including adequate sanitary facilities, teacher shortages and poor teaching materials and learning environment, particularly in rural areas; The lack of explicit provisions in the Education Act of Tanzania Mainland to prohibit the expulsion of pregnant girls from school, and the continued prevalence of the practice of mandatory pregnancy testing of girls as a pre-condition for admission to school and their expulsion if found to be pregnant; The emphasis on the provision of comprehensive sexuality and reproductive health education at the primary level only, and its integration and presentation through Civics, Biology and Science; Reports of sexual violence and abuse perpetrated by teachers, and the lack of disciplinary or criminal investigations and prosecution of teachers for misconduct
(para. 30)
Health:
While noting the policy and administrative measures to ensure the reduction of infant, children and maternal mortality, as well as the adoption of the National Adolescent Reproductive Health Strategy (2011-2015), the Committee remains concerned at: The criminalization of abortion, except when the life or the physical or mental health of the pregnant woman or girl is at risk, and the impact that such criminalization has on the maternal mortality ratio, and that it compels women, in particular young women living in poverty, to resort to unsafe abortion; and the requirement to have two physicians certifying that the abortion is necessary in order to preserve the life of the pregnant woman or girl; and the high number of teenage pregnancies, often resulting from rape and sexual abuse.
The Committee welcomes the efforts in Zanzibar to impart skills relating to reproductive health and HIV to young persons and to offer youth-friendly services, however is concerned about The high prevalence of HIV/AIDS among women and girls in the State party; The high rate of mother-to-child transmission and the high number of new HIV infections among girls and boys, in particular in the context of sexual violence and unprotected teenage sexual relations;
(para. 34, 36)
Refugees:
The Committee notes the State’s efforts to provide legal aid to refugee women and girls in need and deliver food and non-food items.
(para. 46)
Marriage:
Whilst noting that the proposed amendment to the Law of Marriage Act (1971) purports to establish the legal minimum age for both girls and boys at 18 years instead of 15 years for girls (and even 14 under a court order) and 18 years for boys as it currently stands under Section 13 of the Act, the Committee is concerned at the delay in passing such amendment.
(para. 48)
(CEDAW/C/TZA/6)
Last reported: 11 July 2008
Issues raised:
Child custody: [….....] The Committee is concerned, in particular, about the delay in the passage of the proposed amendments to the Law of Marriage Act of 1971, inheritance laws, as well as the Law on the Custodian of Children. The Committee is further concerned that other legislation and customary laws that discriminate against women and are incompatible with the Convention remain in force, both in the Tanzanian mainland and in Zanzibar. (paragraph 111).
The Committee urges the State party to place high priority on completing the process of full domestication of the Convention. It calls upon the State party to accelerate its law review process and to work effectively with Parliament in ensuring that all discriminatory legislation is amended or repealed to bring it into compliance with the Convention and the Committee’s general recommendations. It urges the State party to raise the awareness of legislators about the need to give priority attention to such reforms in order to achieve de jure equality for women and compliance with the State party’s international treaty obligations. It encourages the State party to set a clear time frame for such reforms, including the passage of the proposed amendments to the Marriage Act of 1971, inheritance laws as well as the Law on the Custodian of Children. The Committee recommends that the State party seek technical support from the international community in this regard.
Stereotypes: The Committee is concerned about the persistence of adverse cultural norms, practices and traditions as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in all spheres of life. The Committee is also concerned that such customs and practices perpetuate discrimination against women, and that they are reflected in women’s disadvantageous and unequal status in many areas, including in public life and decision-making and in marriage and family relations, and the persistence of violence against women and harmful traditional customs and practices, including female genital mutilation, 4 polygamy and the bride price, and that, thus far, the State party has not taken sustained and systematic action to modify or eliminate stereotypes and negative cultural values and practices. (Paragraph 117).
The Committee requests the State party to view its cultures as dynamic aspects of the country’s life and social fabric and as subject, therefore, to change. It urges the State party to put in place without delay a comprehensive strategy, including legislation, to modify or eliminate cultural practices and stereotypes that discriminate against women, in conformity with articles 2 (f) and 5 (a) of the Convention. Such measures should include efforts to raise awareness of this subject, targeting women and men at all levels of society, including traditional leaders, which should be undertaken in collaboration with civil society. The Committee urges the State party to address harmful cultural and traditional customs and practices, such as the use of female genital mutilation, polygamy and the bride price, more vigorously. The Committee encourages the State party to effectively use innovative measures to strengthen the understanding of the equality of women and men and to work with the media to enhance a positive and non-stereotypical portrayal of women.
Violence: While noting the adoption in 2001 of the National Plan of Action to combat violence against women and children (2001-2015) for both the Tanzanian mainland and Zanzibar and the launch and endorsement by the President in May 2008 of a national campaign of “Say No to Violence Against Women”, the Committee expresses concern at the high prevalence of violence against women and girls, such as widespread domestic violence and sexual violence, including rape. The Committee is also concerned that such violence appears to be socially legitimized and accompanied by a culture of silence and impunity, that cases of violence are thus underreported and that those that are reported are settled out of court. The Committee is further concerned at the inadequate funding for the implementation of the National Action Plan and at the lack of a comprehensive legal aid system. Furthermore, it notes with concern that marital rape is not recognized as a criminal offence as well as the State party’s statement that the provision of shelters for victims of violence is not a viable option for the country, and it regrets the absence of data and information on violence against women, disaggregated by age groups. (Paragraph 1190.
The Committee urges the State party to give priority attention to combating violence against women and to adopt comprehensive measures to address all forms of violence against women and girls, in accordance with its general recommendation No. 19. It requests the State party to raise public awareness, through the media and education programmes, of the fact that all forms of violence against women are a form of discrimination under the Convention and therefore in violation of women’s rights. The Committee calls upon the State party to ensure that violence against women and girls, including domestic violence, marital rape, and all forms of sexual abuse, constitute a criminal offence; that perpetrators are prosecuted, punished and rehabilitated; and that women and girls who are victims of violence have access to immediate means of redress and protection. The Committee requests the State party to remove any impediments faced by women in gaining access to justice and recommends that legal aid be made available to all victims of violence, including through the establishment of legal aid clinics in rural or remote areas. The Committee recommends the implementation of training for the judiciary and public officials, in particular law enforcement personnel, health-service providers and community development officers in order to 5 ensure that they are sensitized to all forms of violence against women and can provide adequate gender-sensitive support to victims. It also recommends the establishment of counselling services for victims of violence and urges the State party to reconsider the possibility of establishing shelters for such victims. The Committee requests the State party to provide information in its next periodic report on the laws and policies in place to deal with violence against women and girls and on the impact of such measures, as well as data and trends on the prevalence of various forms of such violence, disaggregated by age groups.
Female genital mutilation: While welcoming the enactment of the Sexual Offences Special Provisions Act (1998), which prohibits female genital mutilation of girls under the age of 18 years, and the adoption of the National Plan of Action to combat Female Genital Mutilation (2001-2015), the Committee is concerned about the continued prevalence of the practice in some regions of the country and the estimation provided in the report that about 18 per cent of Tanzanian women undergo female genital mutilation. The Committee is also concerned at the weak enforcement of the prohibition of female genital mutilation and the lack of attention of the relevant authorities as to the recent practice of female genital mutilation being perpetrated against newborn baby girls in the privacy of their homes. The Committee is further concerned at the continued legality of the practice upon women over 18 years of age, who are usually pressured or forced into undergoing the practice. The Committee underlines that this harmful practice is a grave violation of girls’ and women’s human rights and the State party’s obligations under the Convention. (Paragraph 121).
The Committee urges the State party to implement existing legislation prohibiting the practice of female genital mutilation and to adopt new legislation, as necessary, to eliminate this and other harmful traditional practices affecting all women. The State party should prohibit female genital mutilation in all instances, including in respect of women over 18 years of age, address the recent practice of female genital mutilation being performed on newborn baby girls, and strengthen the enforcement of the 1998 Act to ensure that offenders are prosecuted and adequately punished. The Committee urges the State party to strengthen its awareness-raising and educational efforts, targeted at both women and men, with the support of civil society, to eliminate the practice of female genital mutilation and its underlying cultural justifications. It also encourages the State party to devise programmes for alternate sources of income for those who perform female genital mutilation as a means of livelihood.
Trafficking: While noting the State party’s ratification in May 2006 of the United Nations Convention against Transnational Organized Crime and, in particular, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention, the Committee expresses concern at the persistence of trafficking and sexual exploitation of women and girls in the country. In particular, the Committee expresses concern about the trafficking and sexual exploitation of girls stemming from poverty and from their need to provide support to their families. The Committee regrets the absence of data in respect of both trafficking and prostitution and that the State party does not have a national plan of action to address trafficking. It is concerned by information provided 6 by the State party that trafficking is done in secrecy and in some instances mixed with regular rural urban migration. (Paragraph 123).
The Committee urges the effective implementation of the Anti-Trafficking of People’s Act, which must include prevention measures, timely prosecution and punishment of traffickers and the provisions of protection and support to victims. The Committee recommends that information and training on the new law be provided to the judiciary, law enforcement officials, including border police, public officials, social workers and community development officers. It also recommends that the State party adopt a comprehensive action plan to address trafficking and to ensure the allocation of sufficient human and financial resources for its effective implementation, including collection of disaggregated data. In addition, the Committee recommends that the State party conduct a study on trafficking and address the root causes of trafficking in order to eliminate the vulnerability of girls and women to sexual exploitation and traffickers and that it undertake efforts for the rehabilitation and social integration of women and girls who are victims of exploitation and trafficking 127. While noting information provided by the delegation on a White Paper and a draft dual citizenship bill that are under consideration, the Committee is concerned at the continuing discrimination against women under the current Citizenship Act (1995) with respect to acquiring citizenship based on their marital status and passing citizenship to their children born outside the country and that such discrimination is in violation of article 9 of the Convention.7 The Committee urges the State party to accelerate the process to promptly amend the Citizenship Act (1995) in order to bring it fully into compliance with article 9 of the Convention.
Education: While welcoming the progress made in the area of education, including a significant number of educational programmes as noted in paragraph 8 above as well as the recent achievement of gender parity in primary school enrolment, the Committee is concerned at the lack of information about the specific budgetary allocations for the implementation of such programmes. The Committee is also concerned about the inadequate educational infrastructure and teaching materials and the limited number of qualified teachers, the marked difference in the quality of and access to education between urban and rural or remote areas, the lack of disaggregated information on literacy rates, the lower transition rate for girls from primary to secondary school as compared with that of boys and the disparity in enrolment rates between young women and young men in public universities as well as vocational and technical education. The Committee is further concerned about traditional attitudes that constitute obstacles to girls’ education, as well as girls’ drop-out rates due to early marriages, pregnancies, truancy and involvement in domestic chores and taking care of the sick and children. The Committee is, in particular, concerned at information that girls falling victim to early pregnancies are expelled from Tanzanian schools. The Committee notes that education is a key to the advancement of women and that the low level of education of women and girls remains one of the most serious obstacles to their full enjoyment of their human rights. (Paragraph 129).
The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness in society of the importance of education as a human right and basis for the empowerment of women. It encourages the State party to take steps to overcome traditional attitudes that in some areas constitute obstacles to girls’ and women’s education. The Committee recommends that the State party implement measures to ensure equal access of girls and women to all levels of education, retain girls in school and strengthen the implementation of re-entry policies so that girls return to Tanzanian schools after giving birth. The State party should take the necessary steps to increase the number of qualified teachers, including through providing appropriate and continuous training, and to ensure the provision of an adequate educational infrastructure, especially in rural areas, and teaching materials. The Committee urges the State party to allocate the necessary budgetary allocation for the implementation of various projects and programmes and it requests the State party to provide information on the measures taken and on their impact in its next periodic report.
Health: The Committee welcomes a number of efforts undertaken by the State party to improve women’s health since the examination of the last periodic report, including the introduction in 1998 of a cost-sharing programme for medical services, the development of a National Road Map Strategic Plan to Accelerate the Reduction of Maternal and Newborn Deaths in Tanzania (2006-2010), the White Ribbon initiative as well as the Reproductive and Child Health Strategy (2004-2008), which provides free maternal and child health services. The Committee expresses its concern that the maternal mortality rate, including deaths resulting from anaemia, as well as the infant mortality rate remain high, and that the life expectancy age for women has decreased. The Committee notes the introduction in 1998 of Family Life Education but it expresses concern at the lack of access by women to quality sexual and reproductive health services and that the existing sex education programmes are not sufficient, and may not give enough attention to the prevention of early pregnancy and the control of sexually transmitted infections. It is also concerned that negative attitudes of health workers may be an impediment to women’s access to health-care services. The Committee is further concerned about the unmet demand for family planning services and the low level of contraceptive use. (Paragraph 136).
The Committee recommends that the State party strengthen its efforts to reduce the incidence of maternal and infant mortality and to increase the life expectancy age for women. It urges the State party to make every effort to raise awareness of and increase women’s access to health-care facilities and medical assistance by trained personnel, especially in rural areas. The Committee also urges the State party to ensure that health workers adopt a client-friendly attitude that will lead to improved access to quality health care. It recommends the adoption of measures to increase knowledge of and access to affordable contraceptive methods, so that women and men can make informed choices about the number and spacing of children. It also recommends that sex education be widely promoted and targeted at adolescent girls and boys, with special attention to the prevention of early pregnancy and the control of sexually transmitted infections. In addition, the Committee recommends that the State party continues to seek financial and technical support from the international community in order to implement measures to improve women’s health.
HIV and AIDS: The Committee notes the recent slight decline in HIV prevalence to an estimated 6.5 per cent of adults between 15 and 49 years of age living with HIV/AIDS in 2005, the adoption of the National Multi-Sectoral Strategy Framework on HIV/AIDS (2003-2007),and a national policy under the Tanzania Commission for AIDS and the Zanzibar AIDS Commission, as well as the enactment of the HIV/AIDS Prevention and Control Act (2008) for purposes of preventing and outlawing stigma and discrimination for people living with HIV/AIDS. However, the Committee is concerned that the State party still faces a serious epidemic, especially among young women in their childbearing years. It is also concerned that current policies and legislation do not adequately take into account gender-specific vulnerabilities and do not adequately protect the rights of women and girls affected by HIV/AIDS. The Committee is especially concerned that the persistence of unequal power 10 relations between women and men and the inferior status of girls and women hamper their ability to negotiate safe sexual practices and increases their vulnerability to infection. (Paragraph 138).
The Committee recommends continued and sustained efforts to address the impact of HIV/AIDS on women and girls, as well as its social and family consequences. It urges the State party to enhance its focus on women’s empowerment and to include clearly and visibly a gender perspective in its policies and programmes on HIV/AIDS. The Committee recommends that the State party report on measures taken in this respect and results achieved in its next periodic report.
Ritual killings: While noting efforts undertaken, the Committee expresses its concern at the vulnerable situation of certain groups of women, including older women. In particular, the Committee is deeply concerned about the social situation of those women, including their poverty, as well as reports of intimidation, isolation, abuse and killings, resulting, inter alia, from allegations of witchcraft. The Committee is also deeply concerned at reports that albinos, including women and girls, have been targeted in ritual killings. The Committee regrets the lack of information on the situation of women with disabilities. (Paragraph 142).
The Committee recommends that the State party pay special attention to the precarious situation of older women and women with disabilities, to ensure that they have full access to health and social services and to decision-making processes, and that they have adequate jobs in the labour market, as appropriate. The Committee urges the State party to adopt special programmes to alleviate poverty within these groups of women, and to combat all forms of discrimination against them. The Committee also urges the State party to challenge traditional views regarding older women, in particular accusations of witchcraft, and to protect albino women and girls from ritual killings. The Committee requests that further information, including disaggregated data, be provided in the next report about the situation of older women and women with disabilities. (Paragraph 143)
Early marriage: The Committee is concerned about the multiple marriage regimes that apply in the State party. It is particularly concerned that customary law and section 10 of the Law of Marriage Act of 1971 allow polygamy while section 15 of the Act specifically prohibits women from having more than one husband and that the proposed amendments to the Marriage Act will not criminalize polygamy. While noting that the proposed amendments to the Marriage Act purports to establish the legal minimum age for both girls and boys at 18 years instead of 15 years for girls and 18 years for boys as it stands under section 13 of the Marriage Act, the Committee is concerned at the delay in passing such amendment. The Committee is further concerned that the Law 12 of Persons Act allows for the possible payment of a bride price and that discriminatory customary practices still persist with regard to marriage and family relations, including wife inheritance and widow cleansing. (Paragraph 146).
The Committee urges the State party to harmonize civil, religious and customary law with article 16 of the Convention and to complete its law reform in the area of marriage and family relations in order to bring its legislative framework into compliance with articles 15 and 16 of the Convention, within a specific time frame. The Committee calls upon the State party to ensure that where conflicts arise between formal legal provisions and customary law, the formal provisions prevail. The Committee also calls upon the State party to implement measures aimed at eliminating polygamy, as called for in the Committee’s general recommendation No. 21 on equality in marriage and family relations. The State party is urged to speedily enact the proposed amendments to the Marriage Act to ensure that it establishes one legal minimum age for marriage, at 18 years for both girls and boys, in line with internationally acceptable standards.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/TZA/CO/16
Last reported: 9 / 10 August 2005
Concluding Observations issued: 17 August 2005
Issues raised:
Female genital mutilation: While welcoming the fact that female genital mutilation has been a criminal offence in the State party since 1998, the Committee is concerned that it is still a persistent practice in some ethnic communities (art. 5). (Paragraph 13)
The Committee recommends that the State party include detailed information in its next periodic report on the practice of female genital mutilation. The Committee further recommends that the State party reinforce the measures adopted to eradicate this persistent practice, in particular through sensitization programmes directed at promoting changes in attitudes towards this practice, in consultation with traditional communities.
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Not yet signed or ratified.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
Ratified in 2009 but not yet reported.
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UN Committee on Enforced Disappearance
Signed in 2008 but not yet ratified.