59. In addition, in both Mainland and Zanzibar there are ministries responsible for education and
vocational training, which are responsible for providing and imparting vital information for the well-being of
children through education syllabuses and other curricula aimed at making such children both responsible and
productive adults. The State Party has, thus, carried out media programs throughout the country whereby
media outlets – such as television, radios and newspapers public and private – air special programs that aim at
imparting children with relevant information for their wellbeing. There are also children councils and clubs
used by children to express their views. In addition, in detention facilities where children who have been
deprived of their liberty are placed there are television sets and radio provided to children.
60. Moreover, the State Party has continued to show its commitment to the protection of this right
through the proposed Constitution in Article 53 (1) (b) which guarantees the freedom of expression. The State
Party has administratively ensured that this right is a reality by strengthening Junior Councils and empowers
them through capacity building on child rights. Additionally the State Party has operationalized a child help
line which assist in reporting of child abuse cases through Telephone number 116. Moreover series of
programmes enable children to air their voices through specific children programmes in TV and radio.
61. Regardless of all these achievements, the State Party has limited opportunities for child
association, at times there is a challenge where some of parents are lacking willingness and awareness. The
State Party is also faced with a difficulty due to inadequate resources to support child rights undertakings,
groupings and movements.
(c) Freedom of thought, conscience and religion (Article 9)
62. The State Party is a secular state whereby its citizens are free to choose religion of their own
choice without state intervention or coercion. Therefore, children residing in the State Party do normally
belong to their parents’ or guardians’ religion; although they may change their childhood religion on their
own volition upon attaining adulthood. In order to enable its citizens to enjoy their religious beliefs, the State
has a constitutional duty to guarantee the right of every citizen to profess religion of their choice. This
guarantee entails prohibition of insulting other people’s religion as provided for in section 129 of the Penal
Code, which provides that: ‘Any person who, with the deliberate intention of wounding the religious feelings
of any person, utters any word, or makes any sound in the hearing of that person, or makes any gesture in the
sight of that person, or places any object in the sight of that person, is guilty of an offence, and is liable to
imprisonment for one year.’
63. This statutory provision was given due judicial consideration in the famous case of Hamis Rajabu
Dibagula v. R.45 In this case, the appellant was convicted by the District Court of Morogoro for uttering words
with the intent to wound religious feelings of others. The District Court sentenced him to 18 months'
imprisonment. While exercising revisional jurisdiction, the High Court set aside that sentence and substituted
therefore such shorter sentence as was to result in the immediate release of the appellant from custody. The
appeal in the Court of Appeal raised questions of considerable public importance concerning the limits of the
right to freedom of religion, guaranteed under Article 19 of the Constitution of the United Republic of
Tanzania (1977). The Court of Appeal held that the Constitution of the United Republic of Tanzania and other
relevant laws oblige the people of this country to live together with mutual respect and tolerance of other’s
religious beliefs, which is one of the principal obligations of good citizenship.
63. Based on this constitutional foundation, the State Party has ensured that there is no religious
segregation or discrimination to children in its territory. As such, children in the State Party enjoy the right to
freedom of thought, conscience and religion of their parents or guardians, provided that such right does not
injure the right of others to enjoy the same right. Additionally the Proposed Constitution in Article 41
continues to provide protection to the freedom of conscience and religion.
45
Court of Appeal of Tanzania, DSM, Criminal Appeal No. 53 (2001) (unreported).
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