(d) the National Multi-sectoral Committee to Prevent and Respond to Violence Against Women and
Children; the National Plan of Action on Preventing and Responding to Violence against Children the
MCDGC Strategic Plan (2011-2016);
(e) the Child Development Policy (2008); the National Strategy for Gender Development (2005);
(f) the National Plan of Action to Accelerate the Eradication of FGM and Other Harmful Traditional
Practices;
(g) a Multi-Sectoral Strategy and Action Plan for Preventing and Responding to Gender Based Violence
(GBV) in Zanzibar (developed in 2011);
(h) the National Human Rights Action Plan (2013-2017); and
(i) the Ministerial GBV Committee75 established in 2013 to monitor GBV cases in Zanzibar.
215. Currently, the Kadhi’s Court Act requires the Kadhi’s (the officials presiding over the Kadhi’s
Court) to apply principles enshrined in other national laws such as the Evidence Decree and Civil Procedure
Decree while they have no legal knowledge. In practice, this has resulted in avoidable miscarriage of justice
for those using the courts, particularly women.
216. Previously, the UN General Assembly in 200676 and the CEDAW Committee77 urged UN
member states to undertake meaures to eliminate violence against women and girl child in their jurisdictions.
In response to this request, the State Party has undertaken a National Study on Violence against Children
(2009). In particular, the VAC Study emphasized the urgency of country-level action and set two key targets
for Governments to meet: first, the integration of measures ‘to prevent and respond to violence against
children in national planning processes, which should include the identification of a focal point, preferably at
Ministerial level’78; and, second, prohibiting all forms of violence against children ‘by law and initiating a
process to develop reliable national data collection systems.’79
217. In Zanzibar the State Party is in the final stages of a process of adopting a New Gender Policy
that, inter alia, seeks to address the issue of elimination of negative cultural practices, sex role stereotyped
and prejudice against women and girls. In particular, the State Party has continued to strengthen the
implementation of the Zanzibar Penal Act (2004), which consolidates the provisions of the Sexual Offences
Special Provisions Act (1998)80
218. The State Party became the first country in Africa to undertake studies on violence against
children for both Tanzania Mainland and Zanzibar (Tanzania VAC Studies).81 Briefly, the findings of the
75
This committee comprises of ministers responsible for justice and constitution, education, health and empowerment, social, welfare,
youth, women and children.
76
United Nations Secretary-General, Study on Violence against Children New York: United Nations, 2006 (A/61/299). The VAC
Study – the first and most comprehensive global study to research, report, and make recommendations to prevent and respond to
violence against children in multiple settings where they live and survive – reveals highly shocking levels of violence against children,
with places previously presumed to be safe for children being found to be unsafe. See also United Nations Committee on the Rights of
the Child (CROC), “Consideration of Reports Submitted by States Parties under Article 44 of the Convention – Concluding
Observations: United Republic of Tanzania”, 42nd Session, 21 June 2006 (CRC/C/TZA/CO/2), paras 51-2; and African Committee of
Experts on the Rights and Welfare of the Child (ACERWC), “Concluding Recommendations on the United Republic of Tanzania
Report on the Status and Implementation of the African Charter on the Rights and Welfare of the Child”, 2010
77
CEDAW Committee, “Concluding Observations: United Republic of Tanzania”, 2008, paras 111-2.
78
Ibid.
79
United Republic of Tanzania, Violence Against Children in Tanzania: From Commitments to Action – Key Achievements from the
Multi-Sectoral “Priority Responses” to Address Violence against Children (2011-2012) and Priority Activities for 2012-2013, Dar es
Salaam: Government of the United Republic of Tanzania, June 2012, p. 1.
80
Act No.7 of 1998.
81
United Republic of Tanzania, Violence Against Children in Tanzania: Findings from a National Survey 2009
Dar es Salaam: UNICEF/US Centre for Disease Control and Prevention/Muhimbili University of Health and Allied Sciences, August
2011. The study was launched in August 2011 under the auspices of the Ministry of Community Development, Gender and Children
(MCDGC) at a high profile meeting involving UN Agencies, members of the diplomatic corps, line ministries and representatives of
international and local NGOs and officiated by the then UN Deputy Secretary-General, Dr. Asha-Rose Migiro.
61