Objective Three: Promotion and Protection of Economic, Social and Cultural Rights,
and Civil and Political Rights
I. Summary of the CSAR
223.
Tanzania has ratified a number of the core international and continental human rights instruments. The 1984
Constitution enshrined a Bill of Rights guaranteeing various economic, social, cultural, civil and political rights, as
provided under international and regional instruments. A number of laws were also enacted to domesticate the
ratified instruments and expand on the scope of human rights and freedoms provided in the Bill of Rights. The
Constitution of Zanzibar similarly incorporates a Bill of Rights that mirrors the Constitution of Tanzania.
Right to work
224.
According to the CSAR, the right to work is a constitutional right for all citizens and people living in Tanzania.
National labour laws promote equal work opportunities and prohibit discriminatory employment policies or
practice. While the National Employment Policy acknowledges the vulnerability of the youth, women, and persons
with disability, it also proposes strategies for equal employment opportunities in the public and private sectors.
Zanzibar, for its part, reviewed its labour laws to include ILO Labour standards. However, unemployment remains
high, and there is evidence of discrimination based on gender, disability and political affiliation. From APRM
opinion survey findings, 36 per cent indicated that equal opportunities on the labour market are limited.
Right to education
225.
Fundamental objectives and principles enshrined in the Constitution provide for the right to education. This is
also the case for Zanzibar where education is also one of the political objectives in its Constitution. The Bill of
Rights does not stipulate that education is a right and therefore it is not enforceable by law. However, on both
the Mainland and Zanzibar, the National Education Act brings the force of the law to bear on education as a right,
while the Education Training Policy directs on education-related issues in order to increase access to education.
226.
The education sector in Tanzania improved under the Primary Education Development Plan (MEMHWA) and
the Secondary Development Plan. There were more primary and secondary classrooms, higher enrollment
figures at both levels of schooling, more pupils passing their primary school examinations. Nevertheless, the
education sector still faces many challenges: a shortage of qualified teachers, teaching and learning materials;
environments that are not conducive to learning; increasing primary school dropout rates, especially for girls;
high failure rates for Form Four candidates; and, many teachers in the public schools who lack motivation.
Right to health
227.
The CSAR states that health is not a right under the constitution but it is one of its fundamental objectives
and principles, while in Zanzibar it is a constitutionally-entrenched right under the Bill of Rights. To translate
constitutional principles into policy, Zanzibar developed a Health Policy and Strategy guided by international and
regional human rights instruments and national policy documents (e.g. Vision 2020 and the Poverty Reduction
Plan). Registered health facilities were established: an increase from 44 in 1964 to 164 in 1998. Ninety-five per
cent of the population have access to healthcare facilities and live less than 5 km away; the number of hospital
beds increased from 88 before 1964 to 1,110 in 1998.
228.
Zanzibar focuses on preventive services: immunization, prevention of non-communicable diseases, and
malaria. Malaria infection rates have dropped from 2003 to 2006 in North A and Michweni, while malariaparasite prevalence is estimated to be below 1 per cent. Some success factors are mitigated by the potential
for complacency on the part of the Zanzibar Government and donors. Since the programme was dependent on
external funding, the sustainability of achieved gains may be open to question. In Tanzania, while Government
has attempted to restore free health services, not only is access still a challenge but the situation is aggravated
by high costs and poor health services. There are also medical staff shortages, inadequate facilities, and a lack
of medicine in rural areas especially.
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