Browsing by Author "Machulya, Janeth Norbert"

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    The effectiveness of the mechanism for enforcement of basic rights and freedoms in Tanzania: an examination of the impact of the basic rights and duties enforcement act (cap 3r:e of 2002) on the realization of individual basic rights and freedoms
    (University of Dar es Salaam., 2011) Machulya, Janeth Norbert
    In Tanzania, the Bill of Rights containing basic rights and freedoms become entrenched into the Constitution of the United Republic of Tanzania in 1 984 through the Fish Amendment of the said Constitution. The means by which an individual can seek redress for violation of the rights and freedoms is through a Court action. whereby the High Court comprised of three judges is vested with full jurisdiction to hear and determine any complaint against such violation. Furthermore the Constitution requires the enactment of legislation to provide for procedure to enforce Bill of Rights cases. This prompted the enactment of the Basic Rights and Duties Enforcement Act, 1994 to provide for procedure to be followed in enforcement of those rights. However, there is an outcry that the provisions of the Act are not suitable to enable individual's enforce and realize their basic rights and freedoms. Therefore the major thrust of this work is to examine critically the effectiveness of Basic Rights and Duties Enforcement Act, 1994 in relation to the protection and promotion of human rights. The study is divided into Five Chapters. Chapter One is a general introduction and theoretical framework of the study. Chapter Two examines the protection of human rights during colonial, independence and post independence era. Chapter Three discusses mechanisms and the law on enforcement of ' the Bill of ' Rights in Tanzania. Chapter Four examines the effectiveness of the contents of the Basic Rights and Duties Enforcement Act, 1994. Chapter Five is a summary, recommendations and conclusion of the study.