54. The State party ensured that the right to a name, identity and nationality is well captured in the Law of Child Act (S. 6) in Mainland and the Births and Deaths Registration Act.43 The State Party has finalied reviewing the Births and Deaths Registration Act in order to align it, inter alia, with Article 6 of the Charter. 55. In Zanzibar, the State Party enacted Birth and Death Registration Act No.6/2006 that provides for the right to name, nationality and identity. In 2014 a total of 36,826 children have been registered, among them 18,303 were girls and 18,523 were boys. Similarly, the Children’s Act, 2011, S. 7(1) (2) provides for the same rights. Challenges 55A. The State Party faces a number of challenges in its endeavours to ensure that children in its jurisdiction do effectively realize their rights to name, nationality, identity and registration at birth, including: (a) lack of provisions in the law for birth registration and certification of children of Tanzanian parents born out of Tanzania; (b) Outdated legislation on birth registration; (c) lack of awareness on the part of parents to ensure that they register and obtain birth certificates their children as soon as they are born; and (d) lack of financial and human resources to adequately support programmes or activities concerning name, nationality, identity and registration at birth. (b) Freedom of Expression (Article 7) 56. The State Party has retained express constitutional and statutory guarantees of this right in Article 18 of its Constitution. The State Party amended Article 18 of the Constitution of the United Republic of Tanzania in 2005 and removed the claw-back clause that used to subject the right to freedom of expression to any law enacted by Parliament. Now the right to freedom of expression is absolute, and it requires that “every person” has: (a) the freedom of expressing one’s opinion and views; (b) the right to seek, to receive and impart information irrespective of national frontiers; (c) the freedom to communicate with others without being interfered in such communication; and (d) the right to be informed, at any time, of various events important to his or her life and other members of the community and about any other events important to the society around him or her. 57. In Zanzibar, the Constitution of Zanzibar guarantees the right of expression, which entails respect for the view of the child. Statutorily, the State Party has enacted in section 11 of the Law of the Child Act the child’s ‘right of opinion and no person shall deprive a child capable of forming views the right to express an opinion, to be listened to and to participate in decisions which affect his well-being.’ A similar legal effect is also provided for in section 5 of the Zanzibar Children’s Act (2011). 58. As to the administrative measures to ensure that the child’s right of expression is guaranteed and protected, the State Party has established in both Tanzania Mainland and Zanzibar ministries responsible for communication and transport and Communication, Science and Technology which have respective committees responsible for issuing licences to private bodies that desire to provide communication services to the public including running of internet café. The committees have the duty to inspect and cancel licence to any private institution if such institution is found to have abused the licence, which include destructing public morals through allowing access to restricted sites particularly so in respect of allowing children to access pornographic sites. The Section 83 of the Law of the Child Act (2009) and Section 13 of the Cyber Crimes Act (2015)44 all prohibit access to child pornography. 43 44 Cap. 108 R.E. 2002. Act No.14 of 2015. 21