Ombusdsman and human rights: an appraisal of the contribution of the ombudsman institution in the promotion and protection of human rights at the national level: Case study of the Tanzania Permanent Commision of Enquiry and Zambia Commision for Investigations

Kimweri, G. J. M

Ombusdsman and human rights: an appraisal of the contribution of the ombudsman institution in the promotion and protection of human rights at the national level: Case study of the Tanzania Permanent Commision of Enquiry and Zambia Commision for Investigations

Date

1989

Authors

Kimweri, G. J. M

Publisher

University of Dar es Salaam

Abstract

There are various ways and means in which rights of the individual may be protected and enhanced within the framework of law in a given society. The present study is designed to examine and evaluate the contribution of Ombudsman Institution in the development of international law of human rights. In particular the study goes out to appraise the role of the Permanent Commission of Enquiry in Tanzania and the Commission for Investigations in Zambia in the promotion and protection of human rights at the national level; that is in Tanzania and Zambia. It is proposed in this work to examine various provisions of the law establishing each institution in order to determine whether within the framework of the law, the institution is capable of protecting rights of the individual effectively. Chapter one starts of by a theoretical framework on the concept of human rights. Various legal issues related to the concept of human rights are discussed and analysed. Chapter two attempts to trace the historical origins and development of the concept of human rights to the modern international law. An attempt is also made in this chapter to examine the general policy of Tanzania and Zambia respectively on matters connected with human rights. Since this study is mainly on the contribution of the Ombudsman institution in the promotion and protection of human rights, a deliberate attempt is made in chapter three, to examine its origins, development and adoption in Tanzania and Zambia. It is argued that the institution is important and has a vital role to play in the promotion and protection of human rights especially in developing countries and One Party States like Tanzania and Zambia. Apart from the general weaknesses of the judicial process in providing remedies, it is well understood that the traditional system of checks and balances is almost non-existent in One Party States where every organ of the State is subjected to the supreme ruling Party. (Party Supremacy) In that respect therefore, the existence of the Ombudsman institution provides an extra-machinery to check activities of the Executive, thus complementing the role of the Court and Parliament in checking and controlling the Executive. It is however argued that there is a need to strengthen the independence of the institutions especially the Permanent Commission of Enquiry which is entirely attached to the Executive. There is a need to provide adequate safeguards on the tenure of office of the members of the Commission. Chapter four makes a brief examination on how the institutions promote human rights. The examination is based on the light of guidelines for national institutions for the promotion and protection of human rights. The guidelines were prepared by a seminar on national and Local institutions in the field of human rights and were endorsed by the General Assembly in resolution 33/46 of 14 December 1978 and by Commission on human rights in resolution 24 (xxxv) of 14 March 1979. Through cases/complaints, chapter five in two parts examine how the institutions have in practice protected rights of the individual. Since the concept of human rights is broad and dynamic, the examination of this work will be confined within some rights and African Charter on Human and Peoples' Rights. Tanzania and Zambia era active members of the United Nations Organization and Organization of African Unity. In that regard, both countries are duty bound by these international al instruments to take appropriate measures at the international and national levels to ensure respect for and observance of human rights. Chapter six draws some concluding remarks and makes specific recommendations strengthen the institutions in terms of powers, jurisdiction and independence.

Description

Available in print form

Keywords

Civil rights, Ombudsman institution, Permanent Commission of Enquiry (Tanzania), Permanent commision of enquiry (Zambia), Commission for investigation

Citation

Kimweri, G. J. M (1989) Ombusdsman and human rights: an appraisal of the contribution of the ombudsman institution in the promotion and protection of human rights at the national level: Case study of the Tanzania Permanent Commision of Enquiry and Zambia Commision for Investigations,Masters dissertation, University of Dar es Salaam. Available at (http://41.86.178.3/internetserver3.1.2/detail.aspx?parentpriref= )