III. Recommendations 142. The APR Panel recommends that the United Republic of Tanzania: • Reform land laws in order to protect local people from arbitrary dispossession; [Ministry of Lands, Housing,and Human Settlements Development] • Design and publicise the compensation system to be used in allocating village land to investors; [Ministry of Lands, Housing, Human Settlements Development] • Publicise and strengthen the legal frameworks governing foreign investment with regard to labour laws, compliance with international human rights standards and adherence to the country’s laws; [Ministry of Industry, Trade and Marketing and Ministry of Justice and Constitutional Affairs, CHRAGG, and Trade Unions] • Strengthen and establish formal cross-border mechanisms where they do not exist, as a systematic regimen for containing cross-border conflicts so that hostilities do not flare up; [Ministry of Home Affairs] • Encourage diversification of pastoralist community economic activities, through civil society- gvernmentprivate sector partnerships, thereby reducing their dependency on a pastoral life style; [Ministry of Agriculture, Food Security and Cooperatives; Ministry of Natural Resources and Tourism; the Private Sector, CSOs] and, Objective Two: Fostering Constitutional Democracy, including Periodic Political Competition, and Opportunity for Choice, the Rule of Law, Citizens Rights, and the Supremacy of the Constitution l. Summary of the CSAR The Constitution: Rule of law, political rights and institutions protecting rights 143. The CSAR describes the constitutional and political architecture for the promotion and protection of constitutional democracy, the rule of law, and political pluralism in the United Republic of Tanzania (URT). The principal building blocks are (i) the 1977 Constitution of the URT; (ii) the three branches of Government: the Executive, Legislature and the Judiciary; (iii) the Commission for Human Rights and Good Governance (CHRAGG); (iv) the Political Parties Act No. 5 of 1992; (v) the Electoral System; (vi) various Elections Acts; (vii) the National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC); (viii) Political Associations; “various statutes governing civil organisations”; and (ix) the Media. 144. The Constitution provides for the following civil and political rights: (i) the Right to Vote; (ii) the Right to Equality before the Law; (iii) the Right to Personal Freedom; (iv) the Right to Privacy and Personal Security; (v) the Right to Freedom of Movement; (vi) the Right to Freedom of Expression; (vii) the Right to Freedom of Association; (viii) Freedom to Participate in Public Affairs; and (ix) the Right to Vote and be Voted for. 145. The CSAR points to “serious flaws and cracks” in the architecture which constrain the promotion and protection of these rights. These are: (i) “claw-back” clauses, provided for under Article 30 (2) (a-f) of the 1977 Constitution [CSAR, page 39]; (ii) “the state-centric” bias of the Bill of Rights [CSAR, page 57];(iii) Judiciary capacity and resource constraints, limiting access to justice “for the ordinary citizens, especially from the rural areas”[CSAR, page 39]; (iv) the absence of a specific constitutional provision or legislation on the right of access to information [CSAR, page 55]; (v) the partisan role of the Police, under the Police Force Act, Cap 332, R.E. 2002 to take away opposition members’ rights to hold general election-related meetings and rallies, on the pretext that “such a meeting is likely or intends to cause a breach of peace or prejudice to public safety”:[CSAR, page 40]; (vi) “mob justice,” known in local parlance as “wananchi wenye hasira,” involving “beating, stoning, and occasionally burning persons suspected to be thieves to death” [CSAR, page 61]; and (vii) the disregard of court orders by the state, as reflected in the Chumchua Marwa’s Case, Rev. Christopher Mtikila’s Cases, and the Ndyanabo Case. [CSAR, page 58.] 50