The care of orphans is mainly through informal foster arrangement. The Commissioner
for Social Welfare is responsible for formal foster arrangements which are usually
temporary and not exceeding three months. During this time the Social Welfare officer is
duty bound to conduct social investigations to trace the surviving parent/s or relatives of
the orphan for purposes of reunification. If reunification is not possible, the other
alternative is adoption by the foster parents if there are willing and capable. Children’s
Homes (discussed earlier in this report) are a last resort.
Orphans are taken care of under the Local Customary Law (Declaration) Order of 1963
(please see article 24). This law provides for a mechanism and procedure under which
orphans can be taken care of by other family members of the clan. These rules are only
applicable only when the husband dies and there is no corresponding provision on the
death of the wife. Other relevant rules under customary law include the inheritance law
which is discriminatory towards women and the girl child and leaves them without means
of support.
Relatives often take orphan’s inheritance even where laws provide for
property transfer to widows and children (please see article 25)
In Zanzibar, there is only one orphanage run by the Government which had 47 occupants
in 2005.
There are, however, several orphanages managed by NGOs (discussed in
Article 20.2 of this report). About 140 female orphans and 180 male orphans have been
registered in Zanzibar as being cared for under the custodianship of their respective
family relatives.
8:
Education, leisure and cultural activities
Article 11
The right to Education is provided as a general directive in the Constitution of the United
Republic of Tanzania of 1977 and the 1984 Constitution of Zanzibar.
Pre-primary and Primary Education - The Government’s strategy is to develop quality
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