complied with this provision by enacting specific provisions on this subject in the Law of the Child Act and
the Zanzibar Children’s Act. Section 42(2) of the Law of the Child Act and section 64(2) of the Zanzibar
Children’s Act provide, mutatis mutandis, that an application for maintenance ‘may be made against any
person who is eligible to maintain the child or contribute towards the welfare and maintenance of the child.’
(f) Adoption and periodic review placement (Article 24)
102. The State Party repealed and replaced the old provisions relating to adoption with new
provisions currently embodied in the Law of the Child Act and the Zanzibar Children’s Act. In respect
of Tanzania Mainland, the procedure for applying for an adoption order is set out under section 54
of the Law of the Child Act. This law requires, in section 54(1)(a), that an application for adoption
order of a child be made to the High Court. Also in terms of section 54(1)(b), an application for
“open” adoption must be made to the Resident Magistrate’s Court or District Court. The emphasis is
primarily on domestic adoption. In order to adopt a child, an applicant must be bona fide resident of
Tanzania. Non Tanzanian citizens must have a resident permit, which is normally for a minimum of
two years. The Law of the Child Act allows international adoptions where adopting parents are
residents.
103. The State Party has provided in section 76(1) of the Zanzibar Children’s Act that in Zanzibar
adoption does not apply to persons subscribing to Muslim faith; rather persons of Muslim faith shall follow
“kafalah” as prescribed in section 75 of this law. According to section 2 of this law, “Kafalah” means the
commitment to voluntarily take care of the maintenance, protection and education of the child in the
same way as the biological parents of the child would do. So, under the Zanzibar Children’s Act
adoption applies to non-Muslims only, whereby an application for an adoption order shall be made to the
High Court and heard by such court in terms of section 76. An application for adoption of a child may
also be made by an applicant who is a citizen of the United Republic of Tanzania but does not reside
within Zanzibar under section 83.
104. In its previous Concluding Observations, the Committee encouraged the State party to further
the steps undertaken to ratify the Hague Convention on Protection of Children and Cooperation in Respect
of Intercountry Adoption. The State Party is currently at the consultation stages with a view to
ratifying the Hague Convention on Intercountry Adoption.
(g) Abuse, neglect, exploitation including physical and psychological recovery and social
integration( Art 16 and 27)
105. The State Party has conducted a Study on Violence Against Children (VAC) and the report of
the above mentioned study was launched, in respect of Tanzania Mainland, by Honourable Dr. Asha-Rose
Migiro (the then UN Deputy Secretary-General) in August 2011. This is the first national survey of violence
against children to be conducted in the State Party and it nationally represents a survey of 3,739 females and
males of the ages between 13 and 24 years, based on a three-stage cluster household survey design. It was
designed to yield separate estimates of experiences of sexual, physical, and emotional violence prior to
turning age 18 for females and males in both parts of the State Party. The VAC study report identified all
forms of violence against children (Sexual, Physical and Emotional) and their underlying causes is a critical
step towards developing Multi-sectoral National Prevention and Response Strategies and Policies to the better
protection of the children within Tanzania.
106. The study findings have enabled the State Party to commit itself towards developing a three-year
National Plan Action to Prevent and Respond to Violence against Children 2013-2016 by creating enabling
policy and legislative environment to establish sustainable intervention to prevent and respond to any violence
against children. There is also strong commitment by all stakeholders geared to: a) Reducing violence against
children, b) Improving the quantity and quality of services for those who have been affected by violence
against children, c) Mitigating the serious health consequences that result from such violence, and d) Reaffirming rights and dignity to Tanzanian children. In terms of coordination structures, the State Party has
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