PhD Theses

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    Analysis of the implementation of the United Nations framework convention on climate change in mainland Tanzania
    (University of Dar es salaam, 2019) Morris, Cleophace Kassenene Kakiziba
    This study centres at the efforts Tanzania has already or is currently putting in place to address the challenges of Climate Change in purview of the United Nations Framework Convention to that regard. That is UNFCCC. Its general objective is to analyze implementation of the UNFCCC in Mainland Tanzania. The same was conducted through both desk and field researches. Relevant government and private authorities together with individual stakeholders were contracted through a number of research tools. In the main, it is revealed herein that Tanzania majorly tackles the challenges above adjunctly with environmental issues, thus lacking a specific focus to pertinent matters revolving around climate Change which is currently the centre of international debate. Notwithstanding such focal weakness, various positive initiatives towards realizing ideas of the Convention under the study have been revealed. These include, the National Action Plan on Climate Change (NAPCC); National Adaptation Programme of Action (NAPA); National Climate Change Strategy (NCCS); implementation of the National Strategy for Reduced Emissions from Deforestation and Forest Degradation (REDD+) and several sectoral strategies such as prioritized agrarian development (in Swahili known as Kilimo Kwanza) and identification of clusters for effective mechanized agriculture in the southern part of the country (SAGGOT). However, the study argues that there remains a plethora of challenges such as a disharmonious legal regime, lack of political will, insufficiency of financial capacity and lack of an effective Climate Change institutional architecture. All these challenges call for a need of forging immense collaboration and reforms so as to effectively implement UNFCCC in the country. Consequently, the study sets out recommendations towards enactment of a specific legislation on Climate Change establishment of a more effective and independent body to superintend the implementation; effective climate funding and sectoral collaboration; and according climatic issues necessary constitutional recognition for protection and enforcement.
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    An examination of the law and practice relating to asset recovery in Tanzania
    (University of Dar es Salaam, 2020) Kaniki, Abdulrahman Omari Juma
    This study critically examines the law and practice relating to asset recovery in Tanzania. Criminally acquired asset recovery is considered to be an effective mechanism of addressing serious and organised crimes within national boundaries and across international frontiers. When carried out as expected, the mechanism has an impact of depriving criminals of their ill-gotten wealth thereby striking them at appoint where it hurts most. This is a paradigm shift from penal law and policy making bodies of concentrating on persons only to also address their minds to property. Tanzania has legal and institutional frameworks that deal with forfeiture of criminally acquired assets. However, having these frameworks is one thing and letting them to operate is another thing altogether. The study has revealed that the legal and institutional frameworks on asset recovery in Tanzania are not efficient to enable recovery of proceeds and instrumentalities of crime. This explains why there has been under-utilisation of the legal –institutional frameworks on asset recovery despite that laws to that effect were in place since 1991 and came into operation in 1994. Among the reasons behind such underutilisation is that the frameworks lack driving force to move law enforcement agencies, institutions which deal with asset recovery process are not familiar with forfeiture laws that are in place; and little efforts were made to strengthen those institutions in terms of capacity building. Moreover, the wide discretionary powers left to the prosecution of either to apply for forfeiture order or not needs a mention. So far the law makes it optional for the prosecution to apply or not to apply for forfeiture orders upon conviction of accused persons who stood charged with predicate offences. This, it is argued, is one of scenario showing the under-utilisation of legal-institutional frameworks on asset recovery. In fact it is a stumbling block that hinders effective asset recovery. Recommendations have been made, basing on major findings of the study in order to remedy and improve the situation. They include, reforming the laws to be efficient to enable recovery of proceeds and instrumentalities of crime; improving asset management system; enhancing effective cooperation and collaboration among law enforcement agencies and institutions that are involved in asset recovery; and upholding ethical values, enhancing law enforcement and effective close supervision.
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    Legal and practical challenges relating to protection of right of customers of electronic banking in Tanzania
    (University of Dar es Salaam, 2019) Mzurikwao, Anthony
    This study examines the adequacy of legal and institutional frameworks on protection of right of customers of electronic banking in Tanzania. The literature review, field research and qualitative approach for collection and analysis of data and information were adopted. The thesis has observed that the existing laws and institutions, to some extent, provide rights and protection to customers of electronic payment systems, authorization and authentication of customers’ due diligence, contractual terms and customers’ complaints resolution. The study recommends for adoption of different of efficient and responsive legal and institutional frameworks to address the noted inadequacies. In terms of the laws, it recommends for enactment of legislation, both principal and subsidiary, in aspects such as electronic funds transfer, data protection, agent banking, customer due diligence, cross border transactions, risk management and consumers’ complaints resolution. In Relation to institutions, the thesis recommends, amongst other things, for established of banking ombudsman scheme and reactivation of the National consumer Advocacy Council
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    Investigation for promoting fair criminal trials in Tanzania: The case of conducting committal proceeding and preliminary hearing sequential
    (University of Dar es Salaam, 2018) Utamwa, John Harold Kulimba
    The major purpose of this study was to make investigation for promoting fair trials in offences triable by the High Court of Tanzania. It examined the effects of conducting committal proceedings and preliminary hearing sequentially on fair trials. It also assessed the relevance of committal proceedings upon the introduction of preliminary hearing. It further explored laws and practices in some jurisdictions. The research was mainly qualitative, conducted through field research and documentary review. Respondents of different experiences were interviewed. Literatures from documentary and internet sources were reviewed. Case records from various courts were also studied. The study showed that, committal proceedings were introduced for promoting the accused’s fair trial. However, they unnecessarily delay cases for, interalia, their complicated procedure and lack of powers by subordinate courts to manage committal cases. The subsequent introduction of preliminary hearing has necessitated conducting committal proceedings and preliminary hearing sequentially in a committal case, hence the dual procedure. This results in unnecessary duplication of processes which aggravates delays of cases. Preliminary hearing however, is more advantageous than committal proceedings though it faces a few challenges. The research concluded that, committal proceedings are superfluous and obstruct the accused’s right to fair trial. The dual procedure violates that right and the Constitution of Tanzania. The Tanzanian practice on this subject does not also coport with the best practices in other jurisdictions. The research recommends for improving relevant laws to promote fair trials. This involves abolishing committal proceedings, filling cases directly to the High Court for effective management and advancing the law on preliminary hearing and other relevant laws.
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    Legal and policy challenges of integrating indigenous knowledge system into climate change strategies in mainland
    (University of Dar es salaam, 2019) Mwanga, Elia
    This study examines the extent to which Tanzanian policy and legal framework for climate change provide opportunity for the integration of indigenous knowledge system into climate change mitigation and adaptation strategies. The problem addressed in this study is lack of effective recognition, protection and promotion of indigenous knowledge system in legal and policy frameworks relating to climate change. The findings of this study indicate that lack of comprehensive policy and legislation on climate change is among the challenges that affect the integration of indigenous knowledge into climate change mitigation and adaptation strategies. Other challenges include land and other resource tenure insecurity: lack of equitable benefit sharing with the indigenous and local communities; poor involvement of stakeholders such as women and traditional leaders; inconsistency within policies and poor recognition and protection of the indigenous and local communities’ traditional ways of livelihood. To address the above challenges, this study recommends for legal recognition and protection of the rights of indigenous and local communities in relation to the use of indigenous knowledge. These rights are active participation, right to their traditional lands and right to share benefit arising from the use of their knowledge. The study also recommends for enacting comprehensive law and policy on climate change and awareness raising campaigns to policy and law makers
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    Democracy and human rights in Tanzania mainland: the Bill of Rights in the Context of Constitutional: Developments and the History of Institutions of Governance
    (University of Dar es Salaam, 1997) Wambali, Michael Kajela Beatus
    This thesis is an examination of human rights and constitutional development in Tanzania Mainland. The colonial and post-colonial history is used to analyse the development of human rights struggles, aswell as institutions such as the Bill of Rights in the recent development of multi-party democracy. The thesis intends to establish that in spite of global factors such as pressure for democratization from international institutions, the achievement of the Bill of Rights in Tanzania Mainland is part of a wider rights struggle of the people of Tanzania. The effective legal and political implementation of specific rights such as the right to vote, freedom of association and assembly reflect the state of that struggle. The thesis further seeks to establish that while the government sponsored the enactment of the Bill of Rights in 1984 and the re-introduction of multi-partism in 1992, it has always preferred to exercise extreme control over the enjoyment of political This has often involved curtailing the establishment and free operation of institutions of popular democracy. The thesis goes on to suggest that unless a democratic culture and civil society are restored in the country, the success of the rights struggles of the people will be far-fetched. Together with the above it is argued that the struggle for rights could be enhanced by working from what is provided as legal rights, all interested parties pushing for the expansion of the human rights field. This can only be attained if the majority of Tanzanians are made aware of the existence of such rights through legal literacy programs.
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    Policy, legal and institutional framework challenges to innovation: a case Study of Electronic Banking in Tanzania
    (University of Dar es Salaam, 2018) Kato, Charles Ishengoma
    The ubiquity of digital technology in the banking industry came out with benefits and problems to the users. The challenge that the world is facing concerns how to address the mushrooming problems as a result of this technology through policy formulation and law enactment. Thus, this study assessed policy, legal and institutional framework challenges of science, technology and innovation in Tanzanian's electronic banking. This study used a comparative or survey design to examine the policies, laws and institutional framework challenges to innovation in the country's electronic banking sector. The findings reveal, that electronic banking revolution in Tanzania remains moderate despite witnessing a significant changes. On the other hand, the findings show that the cybercrime trend in banking is increasing because the current policies, law and institutional framework do not adequately address the challenges which emerge with innovations in the country's electronic banking. The study concludes that the main challenge of electronic banking in Tanzania is the inability of ICT policies and laws to protect people involved in electronic banking as they do not cover sufficiently the online environment. To arrest the situation therefore, the study strongly recommends for the amendment of the present electronic banking policies and laws to ensure there is clear institutional framework for their enforcement.
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    Analysis of the implementation of article 121 of the treaty for the establishment of the East African Community, 1999 in Tanzania a case Study of Women's Access to Property Rights
    (University of Dar es Salaam, 2018) Ngaiza, Cecilia Edward
    This study analyses the implementation of article 121 of the Treaty for the Establishment of the East African Community, 1999 (hereinafter referred to as the EAC Treaty) in Tanzania with specific address to women's access to property rights. Tanzania's call under the EAC Treaty to eliminate legislation, customs and practices that are discriminatory against women and such other related prejudices that create inequality of gender in the country (including impediments to women's access to property rights) is placed concurrently with other EAC Partner states. However, there are several legal, practical and institutional challenges that diminish the fulfilment of Tanzania's obligation under article 121 of the EAC Treaty as reflected in the first chapter of the study. There are policies and legislation both at the EAC and Partner States' level reflecting Partner States' obligation under article 121 of the EAC Treaty. Among other things, such frameworks address women's access to property rights as reflected in chapter two of the study. In Tanzania, there exists in place ministries, Governmental departments and institutions designed for implementation of such policies and legislation complimented by non-governmental bodies. The aforementioned bodies have devised some initiatives to meet the Government's obligations under article 121 of the EAC Treaty as discussed in chapter three of the study. Challenges encountering such initiatives have also been addressed in the same chapter. Chapter four of this dissertation contains viable standpoints and recommendations to overcome the identified challenges such as prioritizing the issue of women's access to property rights through policy, legal and institutional arrangements.
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    Protection of refugees’ right to work in the East African community: case study of Kenya, Tanzania and Uganda
    (University of Dar es Salaam, 2019) Katono, Evelyn Happy
    This study has examined the extent to which refugees are protected in the East African Community (EAC). The focus is on the protection of the right to work for refugees which has been described as being very crucial for their dignity, survival and the comer stone of all other rights. The study therefore examines the EAC laws and analyses the extent to which they protect refugees’ right to work. National labour laws as well as refugees’ legislation of Kenya, Tanzania and Uganda which are the three main refugees hosting Partner States are analyzed. The study makes reference to the good practices in other regions which is lacking in the EAC. The findings revealed that, although there are laws in place for the protection of refugees, there is no harmonization at Community level which contributes to violation of refugees’ rights. Restrictive policies have been adopted by the EAC Partner States focusing on safe guarding labour markets for their nationals. Refugees are therefore kept in Camps without the right to move particularly in Kenya and Tanzania which affects their mobility. However, Uganda has embraced the Settlement system which is more liberal and offers better prospects for refugees’ engagement in work and freedom of movement. However, there are practical challenges given the location of the Settlements. The study revealed that humanitarian assistance focuses on saving life and less effort is directed towards development which would have an impact on access to work. Recent global approaches such as the Comprehensive Refugee Response Framework (CRRF) lack political commitment from States and may not achieve the intended results.
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    Examining application of competition rules in the Tanzanian real estate market
    (University of Dar es salaam, 2019) Mwashiuya, Elias Tenson
    This study examines the application of competition rules at the local real estate market where both public and private institutional real estate actors compete for consumers of residential housing units. Specifically, the study identified and examined critically national laws relevant to real estate market and assessed application of competition rules in the real estate market with special reference to Dar es Salaam and Dodoma cities. The study reviewed the Legal Positivism Theory, the Resource-Based Theory, the Supply and Demand Theory and the Fair Competition Theory to assess competition rules in real estate market in Tanzania. This study found that national laws establishing public and private actors in the real estate market are not congruent with competition rules. Non-adherence to competition rules negatively affects the real estate market. The study also found that there is no regulator for the real estate business in the country. Absence of a regulator makes the market for real estate informal. As a result, the market is dominated by restrictive and unfair trade practices which affect the credibility of the sector. The study emphasises on the need to enact a Real Estate Regulation and Development Act which may provide provisions for real estate regulation and development. The Act may also establish a real estate regulator in order to formalise Tanzania real estate sector.
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    Urban land use planning legal and institutional issues and challenges in Tanzania: the case of Unplanned Residences in Dar es Salaam and Mwanza
    (University of Dar es Salaam, 2016) Mussa, Laurean
    although the urban planning law prohibits the carrying out of any development, house construction inclusive, in planning areas without planning consent, many urban areas in Tanzania have unplanned residences. Such is the main problem of this study. By using Dar es Salaam and Mwanza Cities as case studies, the study examines legal and institutional challenges and issues concerning urban land use planning generally and residential housing in particular. The study proceeded under the hypothesis that the current urban land use planning legal and institutional framework has failed to mitigate the problem of unplanned residences because of the unresponsive nature of planning processes, laxity in law enforcement, and poor coordination and cooperation among different responsible actors. The study has established that, indeed, the urban land use planning processes are not responsive to and legally capable of meeting an increasing variety of demands for planned urban residential housing in Tanzania. There are also institutional problems with regard to finance, cooperation and coordination, law enforcement and personnel. The study recommends the following: law reforms, proactive planning, control of rural urban migration, formulation of urban land use planning policy, pro-poor housing initiatives, regulation of land markets, operationalization of the land compensation fund, coordination, and political will and commitment.
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    Parliament Control and the Accountability Of public Enterprises IN Tanzania
    (University of Dar es Salaam, 1986) Mieyo, Paschal Buberwa
    The purpose of the study is to examine the system of control and and accountability in Tanzania’s public enterprises, its constraints, consequences and a possible alternative system. The introduction identifies the problem within the perspective of other public enterprise research in Tanzania. The second chapter discuses the major characteristics of public enterprises and their relationship with the government and the public as the basic for the need to study their control structures. The third chapter identifies and analyses the characteristics power relation within the public corporation model as adopted in Tanzania and other third world countries. The fourth, fifth and sixth chapters examine the operational aspects of the external control mechanisms provided by this model and highlight the socio-economic and political asses and consequences of their failure to provide their declared and desired results. The last chapter discusses the consequences of the application of this model to Tanzania in the light of its declared policy of socialism, suggests an alternative approach, its possible constraints and how they may be overcome.
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    Grappling with the epitome of corruption in Tanzania: the case for circumstantial evidence
    (University of Dar es Salaam, 2007) Hoseah, Edward G
    Corrupts practices are invariably clandestine; consequently, it is often difficult to secure direct evidence to support fair convictions in prosecuting corruption cases. Furthermore, allegations about who is corrupt have often been claimed to have great potential of being used as means of mudslinging and maligning political and or social opponents. It is for this reason that cast iron proof has often been demanded in corruption prosecution. The privileging of direct evidence over indirect evidence has often seen as one of the means to safeguard against possible miscarriage of justice in the prosecution of corruption cases. This thesis presents the design and findings of a study whose main aim was to determine the effectiveness of existing legal frameworks (legislative and interpretative) in detecting, investigating and prosecuting corruption cases in Tanzania. Specifically, robust but balanced discussion is presented on the fundamental problem of over-reliance on direct evidence as opposed to circumstantial evidence in evidence gathering, prosecuting and securing convictions in corruption cases. Support is then given to plea for the conscious privileging of circumstantial evidence over direct evidence the effect of which will be advance the deterrence effect of anti-corruption prosecution, particularly with a view to increasing success in the prosecution of corruption cases brought to the courts of law for judicial dispensation.
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    Protection of refugees’ right to work in the east african community
    (University of Dar es Salaam, 2019) Katono, Evelyn Happy
    Utafiti huu umechunguza kiwango ambacho wakimbizi hulindwa ndani ya Jumuiya ya Afrika Mashariki. Shabaha kuu ilikuwa kuchunguza ulinzi wa haki ya wakimbizi kufanya kazi, ambayo inaelezwa kuwa ni ya msingi sana kwa utu na uhai wao, na ni mhimili wa haki zingine zote. Hivyo, utafiti ulichunguza sheria za Jumuiya ya Afrika Mashariki kisha kuchambua kiwango ambacho zinalinda haki za wakimbizi kufanya kazi. Utafiti ulichambua sheria za kazi za nchi pamoja na sheria za wakimbizi za Kenya, Tanzania, na Uganda, ambazo ni nchi kuu tatu za Jumuiya zinazowahifahi wakimbizi wengi. Utafiti huu umerejelea mienendo bora kuhusu wakimbizi katika nchi na jumuiya zingine za kikanda kama vile Jumuiya ya Kiuchumi Afrika Magharibi (ECOWAS) na Jumuiya ya Uchumi Kusini mwa Afrika (SADC), ambazo zina mifumo jumuishi hususani ya muingiliano wa wafanyakazi, ambao ni wakimbizi, jambo ambalo halipo katika Jumuiya ya Afrika Mashariki. Matokeo ya utafiti huu yanaonesha kuwa ingawa kuna sheria za kuwalinda wakimbizi, hakuna ufanano katika ngazi ya Jumuiya, jambo linalochangia ukiukaji wa haki za wakimbizi. Nchi wanachama wa Jumuiya ya Afrika Mashariki zinatumia sera-zuizi zinazolenga kulinda masoko ya ajira kwa raia wake. Wakimbizi wanahifadhiwa kwenye makambi bila kuwa na haki ya kutoka nje ya makambi hayo, hususani nchini Kenya na Tanzania, na hivyo kuathiri uhuru wao wa kutoka sehemu moja kwenda nyingine. Hata hivyo, Uganda inatekeleza mifumo ya makazi ya wakimbizi, ambayo ni huria zaidi na inayotoa matarajio mazuri zaidi kwa wakimbizi ya kushiriki katika kazi na uhuru wa kutoka sehemu moja kwenda nyingine; ingawa mifumo hiyo inakabiliwa na changamoto kadhaa kutokana na sehemu yalipo makazi hayo. Utafiti huu umegundua kuwa misaada wanayopewa wakimbizi ni ya kiutu zaidi na kuna jitihada finyu za kuwapa misaada ya kimaendeleo, ambayo ingekuwa na tija kubwa katika upatikanaji wa ajira. Mikabala ya kilimwengu ya hivi karibuni kama vile Kiunzi cha Uhudumiaji Jumuishi wa Wakimbizi kinakosa utashi wa kisiasa wa mataifa na hivyo hakiwezi kuzaa matunda yaliyokusudiwa.
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    Legal and practical challenges on enforcement of commercial arbitral awards in mainland Tanzania
    (University of Dar es Salaam, 2019) Marwa, Ryoba
    This Thesis is an analytical study of the legal and practical challenges on enforcement of commercial arbitral awards in Mainland Tanzania. In this work, the researcher has employed documentary review, analysis of field research data collected through unstructured interviews conducted with selected respondents engaged in the field of arbitration practice in Tanzania. The Thesis starts with examining legal and practical challenges facing the enforcement of both domestic and foreign commercial arbitral awards in Mainland Tanzania as the main objective. In the light of the stated objective, the main hypothesis is that the enforcement rules currently in place in Mainland Tanzania do not reflect the current universally accepted commercial arbitration standards governing the enforcement of domestic and foreign commercial arbitral awards. The study has found out that the current arbitration laws are unsuitable to effectively regulate enforcement of commercial arbitral awards in Mainland Tanzania. Also, the study has established that there are very limited grounds for setting aside domestic arbitral awards. It has again established that Tanzanian arbitration laws do not reflect the basic international commercial arbitration standards on enforceability of the commercial arbitral awards in Mainland Tanzania. It is, therefore, recommended that the existing arbitration laws in the country need to be reformed. Again, the implementation of the newly enacted Natural Wealth and Resources (Permanent Sovereignty) Act, 2017, should be reconciled with the obligations created by some of the bilateral investment treaties to which Tanzania is a party.
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    Approximation of competition rules within the eac partner states:a case study of Tanzania, Kenya and Rwanda
    (University of Dar es Salaam, 2018) Sabby, Francis
    This study was aimed at examining the extent to which Partner States to the East African Community (EAC) have complied with the Treaty obligation requiring them to approximate their competition laws for purposes of enhancing the effectiveness of the Common Market and Customs Union. Basing on the stated aim, the hypothesis governing the study was that the EAC Partner States have largely ignored their Treaty obligation to approximate their competition laws. This situation is considered to be detrimental in fostering the contemplated political federation. For purposes of data collection, the methodology used was mainly qualitative. The study has found that the EAC Partner States have not completely ignored their Treaty obligation to approximate their respective competition laws; they have made some efforts towards approximation of their competition laws. However, considering the magnitude of what is expected of them, it is fair to conclude that the said Partner States have not done enough. This is mainly associated with lack of political will and serious commitments on the Partner States. The study has also noted that some of the Partner States have no competition laws in place. This is said to be the major challenge towards accomplishment of the approximation process. The reason is simple; you cannot approximate if there are no laws to be approximated. This work therefore recommends, among others, that the Partner States should fully align their competition laws with the EAC Competition Act, which is the model law in that regard.
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    Assessing the monetary union in east Africa with special reference to legal and practical challenges relating to financial markets integration
    (University of Dar es Salaam, 2018) Rwechungura, Edson Paschal Stanislaus
    This thesis titled “Assessing the Monetary Union in East Africa with Special Reference to Legal and Practical Challenges Relating to Financial Markets Integration” has as its main objective the examination of the role of harmonization of the law in integrating financial markets in East Africa and its contribution in the efforts of the partner states to finally achieve a monetary union. It examines the legal and practical challenges in the way of the EAC’s efforts to integrate economically. It addresses the problem of disparities in the legal and regulatory frameworks of the Partner states which tend to create distinct markets for each state. It proceeds under the hypothesis that these differences hinder complete integration of financial markets. It partly proves the hypothesis that there are differences in EAC Partner. It makes a very important observation that there is lack of co-ordination of the domestic legal and regulatory systems of the Partner states. As a result domestic financial markets remain segmented. The study observes that even the Directives adopted by the East African Council of Ministers in 2015 while the research was under way are not enough to bring the required integration because they concentrate on making internal laws similar but not work in harmony. It observes that the EAC is not yet committed to have full integration of its markets as the countries are eager to maintain the autonomy in regulation of their markets. The thesis gives valuable recommendations to rectify the situation including structuring domestic laws in such a way that they rhyme with those of the Community as well as develop institutional integration for those institutions which engage in financial markets such as banks, stock markets and regulatory bodies. The thesis is very useful in the EAC context because it provides important inputs for achievement of a meaningful monetary co-operation in this area.
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    Protection of the rights of migrant workers in Tanzania
    (University of Dar es Salaam, 2012) Masabo, Juliana
    This study examines the protection of migrant workers in Tanzania, a country which, in terms of current migration discourse, plays a threefold role, since it is a sending country, a transit country, and a receiving country. The study examines the adequacy of the laws that protect the rights of workers who leave their countries to take up employment in Tanzania. The national regulatory framework on labour migration is evaluated by using international, regional and sub-regional legal instruments that provide the standards for the protection of migrant workers. Comparative best practices from various countries are also described in order to examine and identify the gaps in the current legal and institutional framework. The study examines four key areas, namely, the admission of migrant workers and their access to the labour market, conditions of employment, freedom of association, and social security rights. These areas are examined by means of a thorough contextual, legal and policy analysis and an empirically based validation from which various observations and conclusions are made. The study establishes that pertinent legal and practical protection issues exist. First, there is no comprehensive labour migration policy or regulatory framework. The available framework comprises incoherent pieces of legislation and policy documents which sometimes differ, depending on what they seek to achieve. Second, the current regulatory framework, apart from being fragmented, is largely inadequate and overwhelmingly orientated towards immigration control. Third, the supervisory institutions are similarly uncoordinated and notoriously inefficient. All these factors impact negatively on the livelihood of migrant workers. The study consistently maintains that Tanzania can reap the economic benefits of international labour migration only if her regulatory framework is rational and responsive to the protection needs of migrant workers. With the guidance of international standards on migrant workers and comparative best practices from other countries, the study provides some suggestions to facilitate the formulation of a rational labour migration framework that addresses socio-economic realities without negating the rights of migrant workers. To achieve this goal it is recommended that the labour migration framework should be integrated into the overarching national socio-economic development strategies. In addition, the framework should adopt a rights-based approach and be aligned with international, regional and sub-regional norms on the protection of migrant workers.
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    The East African court of justice and human rights protection: challenges and opportunities
    (University of Dar es Salaam, 2016) Luambano, Tasco Romanus
    The study at hand examines the East African Court of Justice (EACJ) and the status of Human Rights protection in the EAC Partner States. The study postulates that, the EACJ is not particularly effective in protecting human rights in EAC Partner States. This hypothesis was based on two major premises. First, the EACJ is hampered by legal challenges in protecting and promoting human rights in the EAC Partner States. Second, lack of opportunities hinders the EACJ in protecting and promoting human rights in the EAC. In a nutshell, the study reveal that the most serious legal challenge undermining the EACJ is ambivalence in defining the Court’s mandate in human rights cases. Nonetheless, the EACJ continues to hear and determine cases which involve human rights violation. Apart from its contentious human rights jurisdiction, the EACJ also operates in an ad hoc fashion. Other identified challenges includes; poor public awareness, absence of an effective enforcement mechanism of court’s judgments, language barrier and differences in the legal system among the EAC Partner States. Finally, the study urges the EAC Partner States to adopt an additional Protocol to vest the EACJ with human rights jurisdiction. Further, the EAC Bill of Rights needs to be integrated into the EAC legal framework along with enhanced public awareness. Furthermore, the study call upon the EAC Partner States to put in place a feasible mechanism of enforcing the Court’s judgments, in addition to increasing the EACJ’s budget and engaging Judges on a permanent and pensionable basis.
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    Assessment of legal and practical challenges in the realisation of the right to health in Tanzania.
    (University of Dar es Salaam, 2018) Temba, Ferdinand Marcel
    This study examines the realisation of the right to health in Tanzania. The study reveals that the Constitution of the United Republic of Tanzania does not provide for the right to health making it difficult to enforce it under the Basic Rights and Duties Enforcement Act. However, the state has established defined structure of the health system, i.e. the public health sector; private health sector; and traditional and alternative practice health sector. The introduction of health reforms such as introduction of primary health care, decentralisation by devolution of health services, adoption of public private partnership (PPP) and the introduction of health insurance has to a large extent improved the accessibility of the right to health. The study nonetheless submits existence of challenges in the realisation of the right to health under the current health system ranging from lack of constitutional provisions on the right to health, poverty, budgetary constraints and a shortage of health professionals. Besides, lack of accountability and transparency, shortage of essential medicines and medical facilities and inequality affects the realisation of the right to health in Tanzania. The study, therefore recommends to enact the right to health, to the constitution; fighting poverty; increasing the national budget to the health sector; employing and training health professionals; enhancing decentralisation of health care service provision; adoption of a scheme towards universal health coverage; creating awareness on the importance of health insurance; and enhancing accountability and transparency in the government.