according to one’s own religion is guaranteed and the affairs and management of
religious bodies are not considered to be the business of state. Similar guarantees are
provided in Article 19 of the Constitution of Zanzibar.
Customarily children conform to the religion of their parents. Under the Local Customary
Law Order of 1963 children belong to the father. When parents have different religions
the child automatically adopts the father’s religion.
Both Constitutions provide for
freedom to change one’s religion or faith.
Despite this, in Zanzibar (where over 90 per cent of the population are Moslems) the
Ministry of Education has introduced the teaching of Islamic studies in the syllabus of
public learning institutions, though non-Moslems are not compelled to attend. In the
mainland, religious studies in public schools are not mandatory, though they are in some
private schools (such as seminaries). As discussed in Article 3, discrimination on the
grounds of religion is prohibited.
Freedom of Association
Article 8
Both Constitutions guarantee freedom of association. The principle of respect for the
views of the child is applicable in this right (please see article 7), as is the principle of
participation (please see article 12). In relation to participation, children have organized
themselves and established a Junior Council. Through the Council, children gathered
together and express their opinion in matters that affect them.
17
In Zanzibar similar
councils have been established in 3 districts of Unguja and efforts are being made to
enable children in other districts to do the same. Students are generally encouraged by
schools to join and form associations, boy scouts, girl guides and other clubs or groups.
17
The Junior Council is a national wide initiative led by children for children. The Council comprises two
representatives from different regions of the mainland and Zanzibar. The membership is limited to persons under 18
years of age representing a broad range of background, with special representation of vulnerable children. They are
elected by the children through a democratic process and serve as a mechanism to ensure participation of children in
making decisions concerning school activities and lives. The Junior Councils aims to become an institutionalized
avenue at national level for children to contribute to the national development agenda and child development. The
process of legal registration of the Junior Council of the United Republic of Tanzania so as to have legal entity is in
progress.
20