(e) Protection of Privacy (Article 10) 67. The State Party recognizes the need for protecting the child’s privacy and image as stipulated in Article 10 of the Charter. In compliance with this pre-requisite, both the Constitution of Zanzibar and the Constitution of the United Republic of Tanzania contain provisions that expressly protect the right to privacy and prohibits unlawful or arbitrary interference with a person’s privacy, unless in furtherance of express legal requirement or in compliance with a lawful court order. 68. The constitutional provisions require the State Party to enact laws to provide effective procedure for interference with a personal’s privacy, which should aim at safeguarding the privacy of an individual. In compliance with this constitutional requisite, the newly passed laws of the children contains the provisions that prohibit exposing the identity of the children who is either victim of abuse or who has come into conflict with the law; in that the State Party recognizes that any disposal of those children may lead to trauma which can affect their wellbeing in the future hence may not be confident and low self-esteem. 68. In particular, sections 33 and 48 of the Zanzibar Children’s Act (2011) and Section 33 of the Law of the Child Act (2009) all prohibit publication of any information relating to children who has been accused or victim of any act. In a similar wording, subsections (2) of sections 33 of the two laws make it an offence to publish the prohibited information. Subsection (2) of section 33 of the Zanzibar Children’s Act (2011) provides that: ‘Any person who publishes information or a photograph contrary to this section commits an offence and upon conviction shall be liable to a fine not less than five hundred thousand shillings and not exceeding three million shillings or to imprisonment for a term not less six months and not exceeding two years or to both such a fine and imprisonment.’ In addition, subsection (2) of section 33 of the Law of the Child Act (2009) provides that: ‘Any person who publishes any information or photograph contrary to this section commits an offence and upon conviction shall be liable to a fine of not less than two million shillings and not more than fifteen million shillings or to imprisonment for a term not exceeding three years or to both.’ 69. In addition, the State Party has emphasized the respect of this right as the proposed Constitution Article 37 provides for the protection of the right to privacy. In 2015, the State Party also enacted the Whistle Blower and Witness Protection Act, which has safeguards to right to privacy of an individual. In handling children in conflict with law, the State Party has adopted the Retention Homes Rules, Approved School Regulations of 2012 and Juvenile Court Rules of 2014. All these measures assured the protection of the right to privacy of a child. The state party is however facing some challenges on effective enforcing the standards due to budgetary constraints and at time the mistrust of parents to children (f) Protection against child abuse and torture (Article 16 70. The State Party is committed to protect children against abuse and torture as evidenced by the Speech of the Minister for Education and Vocational Training, during the launch of VAC findings Report 2011 in Dar es Salaam where he announced to end corporal punishment in schools. The State Party has undertaken measures to develop and adopt a new Education and Training Policy, 2014 (applicable in Tanzania Mainland). The Policy contains a statement under paragraph 3.2.14 which states that ‘The Government shall ensure quality and safety educational environment” in protecting children from harassment and abuse in school. 71. Basing on the Policy statement, the MoEVT developed Child Protection Guideline in School settings which provides for means of protecting Children in schools and advocating for alternative discipline. Moreover, MoEVT has reviewedd the Teacher’s Code of Conduct of 1963 to incorporate child protection issues including protection against abuse and harassment. 72. Although corporal punishment is still a challenge to some of the schools here in Tanzania but some schools have started to practice discipline without canning. The amendment in respect of the Regulations which allows corporal punishment under the administration of the head teachers will be 24

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