LEARN WHY HUMAN RIGHTS ARE EMBEDDED IN TANZANIA CONSTITUTION CURT OF 1977

Meaning of Human Rights

Human rights refer to all those rights which are inherent in our nature and without which we cannot live as human beings[1] meaning that by virtue of birth, you automatically acquire these rights. Such rights often include the rights to life and liberty, freedom of thought and expression, and equality before the law.

Human rights are entitlement to everyone so long as they are human beings; they should not be sought, bought or inherited. And all human beings regardless of their gender, race, tribe, religion, origin or political ideology are entitled[2].

Having seen briefly the meaning of Human rights I now turn to critically discuss extract in the light of Tanzania and lastly conclude my work.

Main discussion of the extract.

Tanzania has ratified various convention of human rights such as Universal Declaration of Human Rights 0f 1948, The African Charter of Human and People’s rights[3], Convention on the Elimination of all forms of discrimination against women 1979 all of which aim at promoting and protecting human rights thus requiring member states to formulate laws and policies and reforming laws which are discriminatory in nature of which Tanzania has adhered to some extent especially the Law of Marriage Act Cap 29 R.E 2002 and the Land Act Cap 113 of 1999 which are true symbols of human rights protection.

Tanzania has also embedded human rights as the bill of rights in the Constitution of United Republic of Tanzania[4] which starts from Article 12 up to 29. The essence of placing them is to protect them since the Constitution is regarded as the grund norm of the Country another words the mother law of the Country and whichever law that does not conform to it is null and void.

It should be construed that human rights are put in writings so as to enlighten Tanzanians and other people elsewhere but their existence occurs immediately when the baby comes into the world

In the Mtikila’s case Lugakingira J.[5] stated that

modern constitutions like our own have enacted fundamental rights in their provisions. This does not mean that the rights are thereby created; rather it is evidence of their recognition and the intention that they should be enforceable in a court of law.

In connection to the extract, Justice Lugakingira explained it very clearly that the enactment of human rights is just an evidence to show that they are recognised and enforceable therefore.

It is further stated that after the inclusion of the Bill of Rights into the Constitution of United Republic of Tanzania[6], many people enforced their rights through courts of law and the Courts tried their level best to recognise human rights a case in point is the case of Bunzari Mpiguzi where the court held that

section 24 of the Fourth Constitutional Amendment Act 1984 unequivocally provides that nobody should be deprived his property contrary to law and without compensation commensurate to the value of such property if such deprivation is necessary[7]

Due to the recognition of the human rights in Tanzania some discriminatory laws were declared by the Courts as null and void most especially customary laws that always oppressed women. Another reference is drawn In the High Court decision of Ndewawiosia Ndeamtzo v. Immanuel Malasia.^{^[8]} The appellant was chaga by tribe and the last daughter of the deceased father, she (appellant) was claiming for the recovery of the land that was left to her father’s nephew. The Respondent had inherited the said land on the ground females are not entitled to inherit clan land. The Respondent asserted that the prior to the deceased’s death, the deceased had asked him to take charge of the land. The Court ruled in favour of the appellant thereby stating Rule 20 of the Local Customary Law (Declaration) No. 4 Order 1963, GN. 436 of 1963 was discriminatory, it was therefore declared as null and void.

In order to ensure promotion and protection of human rights the government also established special Commission to deal with human rights which is established by Commission for Human Rights and Good Governance Act, [9] the commission is empowered to receive complaints in violation of human right, conduct inquiries, advise the government and to deal with various issues concerning human rights. The Commission is also included in the Constitution of United Republic of Tanzania[10] under Article 129 to 131 respectively.

Challenges concerning human rights in Tanzania.

The great challenge is public awareness concerning human rights in Tanzania most especially in villages. Many people in the villages still abuse other people’s rights the victims being women and daughters therefore the government needs to ensure that various seminars are conducted especially in villages to make people aware of their rights.

Winding up the discussion

In winding up the discussion human rights belong to every individual and they stand independent from the law because they exist naturally by the virtue of birth. However the government is set to recognise their existence as they act as an alarm to the citizens, so as not to infringe them. On the other hand these rights are not always absolute especially in the commission of crimes. One can automatically wave some of the rights for instance when one is jailed.