Browsing by Author "Mohamedi, Selemani"

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    The promotion and protection of human rights in Tanzania: the state interest viz-a-viz the individual interest and its impact on the human rights jurisprudence
    (University of Dar es Salaam, 2013) Mohamedi, Selemani
    This study has essentially addressed the whole concept of human rights in Tanzania and examined the State interest viz-a-viz the individual interest and its impact on the human rights Jurisprudence. The study employed primary and secondary data collection methods. In primary method was based on field research method, interviews (structured and unstructured) and questionnaires was conducted. The secondary data collection method was based on documentary reviews in different libraries in reviewed textbooks, journals, articles, statutes, just to mention but a few. Chapter one, gives the general overview of the human rights concept and its importance to the human being existence. Chapter two offers the historical background of the human rights jurisprudence in Tanzania. It covered the nature and the point of conflict between the two sides (State and individuals). Furthermore, it covered the examination of all human rights eras in Tanzania, its practices and effects to the Tanzanian human rights jurisprudence. Chapter three offers the human rights enforcement mechanisms and violation incidences in Tanzania. Examination has been made on the substances of the Bill of Rights and gives the brief analysis of the enforcement mechanisms of human rights by analysed the piece of legislation enacted for the resort of human rights protection and enforcement in Tanzania. The chapter also offers the practice of the State agencies on the promotion and protection of human rights and some true life experience have been analysed. Furthermore, the chapter also offers the role of Judiciary on the protection of human rights in Tanzania. The Judiciary in Tanzania is not full independent in safeguarding the fundamental rights and freedoms of individuals especially in cases which the State interests are at issue.Chapter four offers the human rights regime abuse, the way forward and the contribution of Civil Societies and NGO’s. It gives the impact of the said human rights regime abuse to the human rights jurisprudence and development of the nation. Chapter five offers findings of the study, conclusion and recommendations. The study finds that, the United Republic of Tanzania government and other human rights stakeholders do not play an adequate role on the promotion and protection of human rights in Tanzania. Not only but also the kind of Bill of Rights we have is a stumbling block to the human rights promotion, protection and enforcement. It is the Bill of “exceptions” or an “empty shell” with full general derogation clauses (Article 30 and 31 of the URTC of 1977(as amended from time to time) and overriding legislations. The study recommends that the scope of fundamental rights should be amplified by enlarging on the State in the social and economic fields and by adding greatly to the guarantees of their enforcement. It is also useful to mention that, in the final analysis the protection and promotion of human rights does not depend solely on legal provisions but on the political will of the government and the people themselves so as not to render the fundamental rights and freedoms enshrined in the United Republic of Tanzania Constitution of 1977 (as amended from time to time) meaningless or an “empty shell.