457.
The CSAR acknowledges the youth bulge in the country’s population and defines a child as one below eighteen
years of age. Despite the definition, contradictory definitions of the term ‘child’ are to be found in the various
enactments. This has meant that certain categories of children are deprived of their rights and protection under
the law. Though 3.0 per cent of households are headed by children, minors - including orphaned children continue to face discrimination in inheritance and succession.
458.
According to the CSAR, despite having ratified many protocols safeguarding children’s welfare, anecdotal
evidence shows that various forms of child labour still exist in Tanzania - especially in mining, commercial
agriculture and fishing sectors, as well as in domestic household service.
459.
The CSAR states that the government of Zanzibar is in the process of domesticating the Optional Protocols
to the CRC: the Optional Protocol on Involvement of Children in Armed Conflicts, and on the Sale of Children,
Child Prostitution and Child Pornography. It also recently amended the Births and Deaths Registration Decree of
Zanzibar to make registration at birth mandatory.
460.
Children between the ages of 8 and 15 years charged on suspision of breaking the law are liable for criminal
action and can be held accountable and prosecuted for criminal breach, although they cannot be sentenced
to jail. Alternative punishment is usually administered, including corporal punishment. Juvenile justice is often
delayed, as there is only one juvenile court and five remand homes nationwide. As a result, children with court
cases pending are held in remand prisons along with adults. In Zanzibar, Juvenile Courts were established under
Section 3 of the 1985 Children and Young Persons Decree, Chapter 58 and Magistrate Court’s Act.
461.
The 1982 Education Act of Zanzibar, Section 20 (4) provides for girls who become pregnant during their basic
education to be expelled without finishing school. A review process is underway on the Spinsters, Widows and
Female Divorcees Protection Act No. 4/85 that makes it an offence - liable to a 2-year prison sentence - for a
spinster to become pregnant of her own free will.
462.
The CSAR states that pregnant female pupils are expelled from schools on the mainland, in accordance with
the provisions of the 1978 Education Act, No 25.The number of pregnant school-girls continues to rise, despite
prohibitory laws and their subsequent expulsion. These laws are, in effect, undermining the right of girls to
education.
463.
According to the CSAR, young girls continue to be subjected to early marriage, female genital mutilation, and other
forms of gender discrimination, despite legislation against such practices. The CSR attributes the persistence of
such practices to cultural traditions and religion.
464.
The CSAR noted the worsening problem of youth unemployment. To solve or ameliorate the problem, the report
observes that Government set up a special Presidential Fund on Mainland Tanzania and the Isles for use as loans
to small businesses, which youth can access.
465.
According to the CSAR, the total number of Most Vulnerable Children (MVC) in Tanzania was estimated to be
968,439 (i.e. 5.3 per cent of the total population of children under 18 years.) In 2002, an estimated 10 per cent
of all children in Tanzania were orphans with 44 per cent of orphan-hood attributed to HIV/AIDS. Despite this,
the country does not have a fully-fledged foster care system for homeless children. However, there are national
guidelines for Institutional Care and Support of MVC/Orphans and Vulnerable Children (OVC) that stipulate
guidelines for the quality of care and support to such children who live in institutions.
466.
The Revolutionary Government of Zanzibar adopted measures to improve the welfare of the MVC/OVC, although
there were still gaps in implementation. NGOs and donors were left to fill the gaps.
467.
The CSAR both noted and expressed concern over growing use of illegal intoxicating substances by children,
and the rising numbers of children engaged in prostitution. The CSAR pointed out that government institutions in
some regions are attempting to rehabilitate such children.
103
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