Although Tanzania has acceded to or ratified the above, for international treaties to
become binding they have to be specifically adopted into domestic legislation which has
not yet been done. The Government is looking at ways of incorporating International
Humanitarian Laws into its domestic legislation. The Government is also in the process
of establishing an International Humanitarian Committee that will responsible for
ensuring compliance with the requirements of international humanitarian laws, including
the CRC Protocol. Some training on IHL is taking place in the country. 52
Administration of Juvenile Justice
Article 17
Tanzanian law provides for a separate criminal justice system for ‘juveniles’, that is
persons under 16 years of age. Charges against such people are heard in a juvenile court
except in the case of homicide.
The Juvenile Court also deals with non-criminal offences such as cases where children
have been abandoned or abused. In the Tanzanian mainland, criminal responsibility starts
at the age of ten and in Zanzibar from the age of twelve. The presumption of innocence is
guaranteed in the Constitution of the URT of 1977 and the Zanzibar Constitution of 1984.
When a person under 16 years of age is arrested, the police officer in charge of
investigations is required to inform their parents or guardian. Charges must be explained
in language that the child can understand. Parents or guardians can attend hearings only
at the ‘discretion’ of the courts. Legal representation is mandatory only for persons
charged with homicide under the Legal Aid (Criminal Proceedings) Act. It has been
recommended that this law be extended to ensure legal aid assistance to children under 18
52
Ministry of Justice in collaboration with the International Committee of the Red Cross (ICRC) has conducted several
training courses on IHL for parties responsible for the implementation of humanitarian laws. The ICRC also provides
technical assistance through their Regional Legal Adviser on domestication and other implementation processes. The
only institution that has integrated IHL training is the Tanzania People’s Defence Forces. The University of Dar-esSalaam Faculty of Law has introduced as an optional subject Humanitarian Law. The Faculty cooperates with other
Universities in Southern African Development Community (SADC) and East Africa, sharing information and updating
curricula on IHL.
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