248. To benefit from the right to health, other rights also need to be in place such as safe water and nutritious food. The CRM established that despite good donor-supported water supply programmes, Zanzibar experiences water pollution and contamination of the springs that supply water to urban Unguja and Pemba, a result of human activities in nearby water sources.24 Water service costs are also high and a deterrent to access for many people. Right to housing 249. The CRM confirms the CSAR findings pertaining to a lack of adequate, affordable housing for Tanzanian citizens. In Pemba, the CRM learnt that although land had been allocated and citizens could buy land to build homes, plots had no services - compromising minimum standards for housing. Construction costs were also high and prevented citizens from building their own houses. , vulnerable groups such as women, youth, elderly and PWDs are relegated to land without the appropriate services for shelter and human settlement. Furthermore, desingated buildings are not adapted to provide mobility of access for PWDs.25 250. The CRM was unable to gather sufficient information to firmly ascertain whether buildings were habitable or accessible by disadvantaged groups, and how close their homes were to employment options, healthcare and schools. Neither were Government plans provided to the CRM showing any responses to the growing demand for housing to match population increases and the fact that citizens are unable to build their own homes. 251. While there is legal provision for protection against forced evictions, the CRM was told of communities evicted from their land and property, thereby compromising their legal security of tenure. In interactions between stakeholders and the CRM, it emerged that the rights of communities to their land have been denied, especially in game reserves, areas set aside for foreign direct investment. Other local communities have also encroached on their land. Anecdotal evidence of land disputes between Tanzanians at all levels was also provided. While Article 24 of the Constitution and the 1999 Land Act provide for the right to property, the Land 1967 Acquisition Act allows for land to be acquired for public purposes and housing schemes, thus promoting public interests over private land rights. 252. The CRM established that throughout the country, Tanzanians have been evicted unlawfully from areas they have lived in for many years. As a result, an increasing number of conflicts are related to land ownership. Examples include the demolition of houses in Kipawa, land conflicts in Hanang, evictions from the Ngorongoro crater, the Kilosa land conflicts, and conflicts between peasants and pastoralists in Ruipa valley.26 Some of the most affected communities are indigenous peoples who have lost their land without free, prior, and informed consent or consultations, albeit for social and economic development objectives. 253. Continued evictions and other forms of land disputes, especially when they are not resolved conclusively, are a source of instability. Alongside this, the failure to determine whom, among the 120 ethnic groups, are legally recognised as indigenous people - as defined by the African Charter on Human and Peoples’ Rights for their special consideration - can trigger civil conflict. The CRM notes that Tanzania presently does not recognise indigenous peoples in the country, thereby preventing them from practicing their own culture on par with the majority. Right to work 254. The Constitution (Article 22) recognises the right to work, equal opportunities and rights to hold any office on equal terms, or discharge any function under state authority. Other legislation - such as the 2004 Employment and Labour Relations Act and the 2004 Labour Institutions Act - constitute the laws that guarantee labour rights in Tanzania. Furthermore, the National Employment Policy of 2008 provides direction in response to the vulnerability of youth, women, and persons with disabilities in finding employment. 255. The CRM established that more needs to be done to combat discrimination in the workplace. Despite Tanzania’s ratification of the Convention on Equal Remuneration and the Convention on Discrimination in Employment and LHRC Annual Report 2010, p. 370. Guardian, p.12, 14 March 2012. 26 Annual Report 2010 of the Legal and Human Rights Centre, p.154 24 25 68