II. Findings of the CRM The human rights legal and policy Framework 234. Tanzania has ratified key international and regional human rights instruments and is paying closer attention to state obligations and minimum standards. As noted in the CSAR, these instruments include: the International Bill of Rights; the Convention on the Elimination against all forms of Discrimination against Women; the Convention on the Rights of the Child; the Convention on the Elimination of all Forms of Racial Discrimination; the Convention on the Rights of Persons with Disabilities; and, the core ILO Conventions. However Tanzania is yet to accede to core Conventions such as the Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment and its Optional Protocol, and the Protocols to the International Covenant on Civil and Political Rights. In so doing, Tanzania would extend human rights protection for suspects and persons in detention. 235. In confirming the CSAR findings, the CRM notes that the Bill of Rights prohibits discrimination and guarantees several civil and political rights namely: the rights to life, privacy and security of the person; participation in governance; liberty and freedoms relating to movement, expression, opinion, religion and assembly. However, most economic and social rights are not enshrined in the Bill of Rights. Instead, they find mention in the Constitution’s policy directives. This means that they are not strongly protected because they are not enforceable in Tanzania. Standards related to the rights of the child and the elimination of discrimination against women are also not adequately addressed in the Constitution. 236. The CRM observes that the Bill of Rights provides limitations that, notwithstanding their legitimacy, are contrary to minimum international standards.They have, in practice, narrowed the scope of the substantive standards. For example, the Constitution provides that involuntary labour shall not be considered to be forced labour if it forms part of compulsory national service, or a national endeavor to mobilise human resources for the enhancement of the society and the national economy. The interpretation of these limitations runs counter to the enjoyment of rights such as the freedom of the press, discussed later. 237. Going beyond the Constitution, the CRM confirms the enactment of enabling laws that compensated for gaps in the Constitution. Such laws further elaborated on some Constitutional provisions, such as the 2009 Law of the Child that aims to protect children. However, the CRM notes that Tanzania also has retrogressive laws conspiring against the actualisation of human rights, especially with regard to property, access to land, freedom of the press, women and children. Legal protection of other rights is threatened by existing contradictory religious and customary norms and practices (e.g. Female Genital Mutilation despite it being considered a criminal offence under the Penal Code.) 238. The CRM suggests that Tanzania’s anticipated participatory Constitutional Review process should provide an opportunity for the country to strengthen its Bill of Rights and align it with international and regional human rights obligations and standards. The participation of groups such as women, the youth and PWDs will be essential. 239. Human rights promotion and protection, especially for vulnerable groups, are also an integral goal of the national development policy documents for 2011 to 2015. The inequalities within Tanzania - particularly between men and women - are highlighted and accompanied by strategies to respond to them. The MKUKUTA II and MKUZA II give positive signs of increased awareness and a higher priority for human rights. Sector-specific policies such as the revised Child Development Policy, the revised National Health Policy of 2007, and the 2000 Gender and Development Policy (currently under review), adopt rights-based approaches to development issues related to these specific groups. 240. The CRM also recognises Government efforts to develop a National Human Rights Action Plan through a consultative process driven by a multi-stakeholder committee comprising representatives from Government, CHRGG, CSOs, academia, and development partners, all under the leadership of the Attorney General. The CRM deems this as a good practice which is likely to address all rights in an integrated manner and establish rigorous implementation arrangements that include periodic monitoring and evaluation by Parliament. The CRM urges that this initiative should be a continued priority for all relevant ministries, departments, and agencies responsible for ensuring the respect of human rights. 66