87. In Zanzibar, A Training Manual on Parenting Skill on VAC and Positive Parenting have been
developed and 35 social welfare offices, community development officers and CSOs All these guidelines
guide the parents and caregivers on children care and development
88. According to the most vulnerable children (MVC) database, a total of 894,519 MVC have been
identified in 111 District Councils through the standard identification process, and the identified children
receive at least one services from the Local government, NGOs, CSOs, FBOs and communities in Tanzania
mainland. In addition, both Tanzania Mainland and Zanzibar have developed a training manual for MVCCs in
order to train MVC Committees at the Local Government Authority on supporting and protecting MVC in
their locality.
89. The URT has finalized VAC communication toolkit and launched on May 2014. Trained 24
media staffs, 32 social welfare officer and CSOs representatives, 104 community development officers and
335 teachers on VAC communication tool kit.
(b) Parental responsibility (Article 20.1)
90. Through the provisions of section 8 of the Law of the Child Act ( 2009) (applicable in the Mainland) and
section 12 of the Children -- Act (No. 6/2011) (applicable in Zanzibar) the State has put in place legislative
measures vested in parents the primary responsibility for their children. These provisions oblige parents to
make sure that their children are provided with all basic needs including the health services, education,
respect, and care.
(a) Separation from parents, separation caused by state party, separation caused by internal
displacement arising from armed conflict.
91. Save for the refugee children in the territory of the State Party, the State Party does not have
among its citizens who are separated from their parents due to armed conflict but rather due t abuse, GBV or
poverty.
92. During the period of reporting, the State Party continued to implement Article 20 of the
Children's Charter, which requires that States Parties should ensure that a child is not separated from his or
parents against their will, except were competent authorities subject to judicial review so determine, in
accordance with applicable law and procedure, that such separation is necessary for the best interests of the
child. In case there is a circumstance that may cause separation from their parents, best interests of the child
will be considered. This will be done by competent authorities subject to judicial review that will determine,
in accordance with applicable law and procedures, that such separation is necessary for the best interests of
the child. Both Law of the Child Act, 2009 for Mainland and the Children’s Act for Zanzibar, 2011 for
Zanzibar provide that where the parents of a child are separated or divorced, a child shall have a right to
maintenance and education of the quality he or she enjoyed immediately before his parents were separated or
divorced; live with the parent who, in the opinion of the court, is most capable of securing the child’s best
interests; and access to the other parent, in which case both parents have mutual responsibility to secure such
access, unless the court specifies to the contrary.
93. According to section 9(3) of the Zanzibar Children’s Act, where a Children’s Court determines
that it is in the best interests of a child to separate him from his parents, the best substitute care available shall
be provided for the child. As such, it the law in Zanzibar that a child who is separated from his parents shall
have the right to maintain personal relations and direct contact with both parents on a regular basis, except
when this is not in the best interests of the child. There is a rebuttable presumption under the State Party’s
legal system that a child under seven years has to stay with the mother until s/he attains the age of seven
years, although the Court must have regard to the undesirability of disturbing the life of the child by changes
of custody.
94. Under the Law of the Child Act, one of the paramount considerations for granting the order of
custody of the child when parents are separated is ‘the best interest of the child and the importance of the
child being with his mother.’
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