•
Develop and implement a strategy to modify and eliminate - as necessary - cultural discriminatory practices
and stereotypes of vulnerable groups including women, children, PWDs and the youth; [Ministry of Justice
and Constitutional Affairs, Parliament, CHRAGG, CSOs.]
•
Integrate the UPR recommendations endorsed by Tanzania into the draft National Human Rights Action Plan
and expedite its approval and implementation as a key building block in the human rights architecture;
[Ministry of Justice and Constitutional Affairs , CHRAGG, CSOs] and,
•
Strengthen the institutional capacities of MDAs responsible for achieving the rights to education, health and
employment, and monitor the implementation of MGD-related policies and programmes to better address
the needs of citizens. [Ministry of Finance, all concerned line Ministries]
Objective Four: Upholding Separation of Powers, including the Protection of the
Independence of the Judiciary and of an Effective Legislature
l. Summary of the CSAR
Separation of powers in Tanzania
303.
The CSAR [pp. 84-104] outlines at some length the constitutional and legal provisions underpinning the
architecture for the separation of powers, and the accompanying checks and balances. The architecture creates
countervailing forces to prevent a drift towards abuse and usurpation of power by public office-holders and
functionaries in the Executive, Legislature and Judiciary in Mainland Tanzania and in Zanzibar.
304.
The CSAR [p. 87] further points out that Article 34 of the 1977 Constitution provides for the powers of the
President as the head of the executive branch of the URT, and specifies the authority of the executive organ of
the URT. Articles 102, 103, and 104 of the Constitution specify the Revolutionary Government of Zanzibar as the
executive branch of Zanzibar, and the President of Zanzibar as the head of the executive branch in Zanzibar.
Chapter Four of the 1984 Zanzibar Constitution specifies the powers of the Zanzibar executive branch. Article
105 of the constitution also specifies the Revolutionary Council of Zanzibar as the principal organ to advise the
Head of the Revolutionary Government of Zanzibar.
305.
Regarding the judiciary, the CSAR [p.87] notes that Articles 107A, 108, and 117 of the URT Constitution provide
for and specify the authority of the URT Judiciary, and that Articles 93 and 99 of the Zanzibar Constitution provide
for and specify the extent of the authority of the judiciary in Zanzibar.
306.
The CSAR [p.87] points out that Article 64 of the URT Constitution provides for and specifies the authority of the
URT Legislature, and that Article 63 of the Constitution of Zanzibar contains provisions for, and the specifications
of, the extent of the authority of the legislature in Zanzibar, which is also provided for by Articles 106 and 107 of
the URT Constitution.
307.
According to the CSAR [p. 87], while “the Union Constitution states that legislative power in relation to Union
matters and also in relation to all other matters concerning the mainland is vested in the [Union] Parliament…
the same powers are vested in the Zanzibar House of Representatives, which enacts for all matters in Zanzibar
other than Union matters.”
308.
The CSAR notes that there is some fusion or sharing of the executive with legislative functions in the URT
because, under Articles 62, 63, 106, and 107 of the URT Constitution, the President of the URT and that of
Zanzibar “constitute one part of the Union Parliament and the House of Representatives, respectively,” while
cabinet members are Members of Parliament.”
309.
The CSAR [p.84] traces the origins - “the constitutional root” - of the separation of powers in the United
Republic of Tanzania to the country’s Republican Constitution of 1977, in the form of the “the Fifth Constitutional
Amendment Act, 1984.” Prior to the amendment, the CSAR [pp.84-5] notes that, “the doctrine of separation of
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