per cent, citizens are disconnected from the growth process for the most part. The result has been an increase
in poverty and growing disparities (geographical, gender and income).
284.
A combination of all this - in a context where democratic institutions are not functioning effectively - breeds
dissatisfaction and a sense of socio-economic injustice, causes of instability. The CRM suggests that developing
public and private institutional capacity to adhere to human rights-based approaches principles and standards,
beyond corporate social responsibility, will determin to what extent people are truly at the centre of national
development.
Access to justice
285.
The Legal Sector Reform Programme (LSRP) launched by the Government in 2005 seeks to ensure speedy
access to affordable and quality justice. Through this programme, Government established a criminal justice
forum to monitor improvements in justice delivery and installed detention facilities for juvenile offenders in
police stations to protect the rights of juvenile offenders. Gender and children’s desks were also set up in police
stations. These desks are intended to increase access to justice for women and children in the event of sexualand gender-based violence, and child abuse.
286.
The administrative reforms now allow all judges to adjudicate land disputes. The number of courts, judges,
magistrates and state attorneys has also increased, and investigation and prosecution functions, previously
carried out by the police, have been separated.
287.
The CRM noted the benefits accruing from the establishment of the Commercial Court in Dar es Salaam in
resolving commercial disputes as Tanzania moves into a private sector-led economy. Commercial Court centers
have also been established in Arusha, Mwanza and Mbeya High Court zones to take commercial dispute
resolution closer to the people. From 2000-2010, the ADR expeditiously resolved disputes and it was largely
successful in resolving 20 per cent of the commercial matters through the commercial division of the High
Court.49 As Tanzania moves into a private sector-led economy, commercial dispute resolution will increasingly
be demanded, especially by Tanzanian private investors and business people. For now, commercial dispute
resolution still remains inaccessible to the majority of medium and small business, and individuals in rural
communities although, commendably, plans are underway to establish divisions at the district courts.
288.
The CRM confirms the CSAR finding that, although the 1969 Legal Aid (Criminal Proceedings) Act sets no limits
on the type of offences for which legal aid should be provided, in practice people who are suspected of serious
offences like murder and treason may receive sentences up to life imprisonment are on legal aid. The CRM
further established that the Ministry of Constitutional and Legal Affairs designated a section to develop and
operationalise a legal aid scheme as well as coordinate legal aid activities countrywide. These are steps to
strengthen legal aid provision. However, no information was provided to the CRM on the key steps actually taken
to this end.
289.
Despite the progress achieved, the CRM found that access to justice remains beyond the reach of many Tanzanians,
especially in rural areas. This confirms CSAR findings. Recourse to justice by the public and people within the
system in Tanzania face a number of systemic constraints and challenges. These range from insufficient legal,
institutional and human resources to inadequate or outdated infrastructure, systems and procedures throughout
the entire justice system. Citizens, and the vulnerable and marginalised , are not sufficiently empowered to seek
and demand their rights.
290.
The CRM established that there are no high courts and district courts in eight regions and 26 districts. Many
parts of Tanzania have no primary courts since 131 of them had to be closed because the infrastructure was
too dilapidated or had collapsed. In Zanzibar, the CRM was informed that judges have to wait for court rooms to
become available before convening their sessions.50 Filing and transport costs associated with getting access
to justice are high.51
49
Keynote Address by Mohamed Chande Othman, Chief Justice, on the occasion of the Annual Conference of the Tanganyika Law Society, p. 19, Arusha
Tanzania, 17 February 2012
50
For example, a litigant in Kigoma region can only file an appeal from a District Court to the High Court at Tabora which is 674kms away and where the
filing fee is TZ.SHS.4,000, with a bus fare of TZ.SHS.75,000.
51
Keynote Address by Mohamed Chande Othman, Chief Justice, on the occasion of the Annual Conference of the Tanganyika Law Society, p. 10, Arusha
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