into government operations and is not integrated into government planning processes, it is treated as a separate project: a worrisome factor when envisaging the sustainability of the reforms. 298. The CRM observes that Tanzania also has an alternative dispute resolution mechanism annexed to the court: the Commission for Mediation and Arbitration (CMA) which mediated 6,904 labour disputes and arbitrated over another 2,772 in 2010/2011. Commendably, CMA has cut down on time spent resolving labour disputes from three years to an average of 25 days. Despite the considerable potential in setting up alternative dispute resolution mechanisms - mediation and arbitration, - and the use of non custodial offence, these mechanisms have not been fully embraced by legal practitioners or the public. 299. The CRM affirms the CSAR finding that prisons in Tanzania are still far from attaining standards laid down by international conventions, rules and principles on treatment of offenders and prisoners. Some of the concerns include: (i) high congestion levels arising from a dysfunctional justice system; (ii) poor and dilapidated prison infrastructure; (iii) failure to provide basic needs (such as meals and water); (iv) instances of cruel, inhuman and degrading treatment and death (such as those of two prisoners in 2010 in Masai and Arusha); (v) juvenile detention in adult prisons - sometimes with hard-core criminals - even in regions where juvenile detention centers exist; (vi) increased health risks – HIV/AIDS - through sexual activity in prisons, and the lack of access to medical treatment since inmates have no medical insurance; (vii) prolonged pre-trial detention of persons on remand (for a minimum of three years) and the attendant socio-economic impact on them and the communities; (vii) inadequate staff, specialist services, or prisoner rehabilitation facilities; and, (viii) the absence of a system of diversion and the limited application of non-custodial sentences. During interactions with stakeholders, the CRM learnt that key actors have made some efforts to reduce the still high congestion levels. 300. The CRM found out that the LSRP does not operate in Zanzibar. Steps are being taken in Zanzibar, through a prioritized criminal justice reforms framework, to design a comprehensive programme in response to similar challenges in the administration of justice. 301. In meetings with stakeholders, the CRM was informed that a fund had been established to strengthen effectiveness in the judiciary. While this is a step in the right direction, financial strengthening for one institution will not impact on the entire justice system since the other institutions in the chain of justice - with similar financial challenges - would still be operating under financial constraints. Recommendations 302. The APR Panel recommends that the United Republic of Tanzania: • Provide legal recognition of indigenous peoples by establishing their demographic, social, cultural, and political characteristics, and undertaking a vulnerability and risk assessment incorporating the extent to which they lack access to opportunities relative to other groups; [Ministry of Justice, Parliament, CHRAGG, CSOs.] • Promote human rights-based approaches to development for implementation in the public and private sector in order to achieve people-centered development that brings real change in citizens’ lives through developing appropriate frameworks and formulating human rights-based standard operating procedures; [Ministry of Justice, Parliament, MOFEA, CHRAGG, CSOs.]  • Expedite the establishment of small claims courts and procedures in district courts to increase access to commercial justice at the lower levels; [Ministry of Justice and Constitutional Affairs , Parliament, Judiciary.] • Create a State-funded and sustainable legal aid system that conforms to minimum standards provided by international and regional instruments that call for the diversification of legal aid service providers to improve access to both civil and criminal justice for the poor and vulnerable; [Ministry of Justice and Constitutional Affairs, Ministry of Finance, Judiciary.] • Institutional strengthening for CHRAGG to transform it into an effective human rights watchdog: reinforcing its powers to increase compliance with its decisions and parliamentary discussion of its reports; securing increased and predictable funding; filling the staffing table; and, de-concentrating its services to lower levels; [Ministry of Justice and Constitutional Affairs, Ministry of Finance, Parliament.] 76