Human rights implementation mechanisms: a critical appraisal of the state reporting procedures with reference to Tanzania.

Sekule, Kashindye

Human rights implementation mechanisms: a critical appraisal of the state reporting procedures with reference to Tanzania.

Date

2001

Authors

Sekule, Kashindye

Publisher

University of Dar es Salaam

Abstract

This work critically examines the state reporting procedures under the basic human rights treaties: the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the African Charter on Human and People's Rights (ACHPR) with reference to Tanzania. The main purpose of the study is firstly, to examine and expose deficiencies of the reporting procedures that undermine the efficiency of the systems and determine the extent to which Tanzania as a state party complies with her reporting obligations. Secondly, this study aims at proposing ways through which effective reporting procedures may be realised. The study reveals that the state reporting procedures under the selected human rights treaties, that is, the ICCPR, ICESCR and the ACHPR, contain numerous inadequacies. Under these procedures state parties are merely imposed with the reporting obligations, without being given clear guidelines as to the nature of the reports to be submitted by the state parties or the kind of the comments to be made by the supervisory organs on the states reports. Accordingly, the reporting systems have fallen short of effective enforcement techniques and official legitimisation of non-governmental organisations (NGOs). This work further discloses that the compliance by Tanzania with her reporting obligations under the ICCPR, ICESCR and the ACHPR is unsatisfactory. Most of Tanzania's human rights reports have been submitted in untimely manners and some not submitted at all. Currently, Tanzania is owed three periodic reports under the ICESCR and four periodic reports under the ACHPR. To overcome the inadequacies of the treaties reporting procedures above, the following have been recommended: wide publicity of the procedures, legalisation of the participation of NGOs in the reporting procedures, amendment of the treaties and further provision of technical assistance for reporting purposes. For speeding up Tanzania's compliance with the reporting obligations under the respective treaties it is suggested that the Tanzanian Parliament and the newly established Commission of Human Rights and Good Governance should fully utilise their powers in favour of human rights as well as human rights reporting obligations. Accordingly, the study requests the State (Tanzania) to be more sensitive to human rights issues and give much more priority to her human rights reporting obligations, mount human rights literacy campaigns to all its citizens, streamline the coordination of all the machinery responsible for reporting and equip Tanzania's principal reporting machinery with adequate staff and modern technology.

Description

Available in print form

Keywords

Human rights, International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), African Charter on Human and People's Rights (ACHPR), Tanzania

Citation

Sekule, K. (2001). Human rights implementation mechanisms: a critical appraisal of the state reporting procedures with reference to Tanzania. Master dissertation, University of Dar es Salaam. Available at (http://41.86.178.3/internetserver3.1.2/search.aspx?formtype=advanced)