United Nations

CRC/C/TZA/6

Convention on the Rights of the Child

Distr.: General

17 October 2023

Original: English

English, French and Spanish only

Committee on the Rights of the Child

Sixth periodic report submitted by the United Republic of Tanzania under article 44 of the Convention, due in 2020 *

[Date received: 6 September 2022]

List of abbreviations

ACRWC African Charter on the Rights and Welfare of the Child

ALCsAlternative Learning Centers

BEmoNCBasic Emergency Obstetric and Newborn Care

BESTBasic Education Statistics in Tanzania

BGMBulyanhulu Gold Mine

ARTAnti-Retroviral Therapy

ARVsAntiretrovirals

CAChildren’s Act of Zanzibar

CATCourt of Appeal of Tanzania

CAB Child Advisory Board

CCMChama cha Mapinduzi

CEmoNCComprehensive Emergency Obstetric and Newborn Care

CHRAGG Commission for Human Rights and Good Governance

CPMISChild Protection Management Information System

CPUChild Protection Units

CRCConvention on the Rights of the Child

CRVSCivil Registration and Vital Statistics

CSO Civil Society Organization

CSRCorporate Social Responsibility

DEDDistrict Executive Director

DHSDemographic Health Survey

DPPDirector of Public Prosecutions

ESDPEducation Sector Development Plan

FBO Faith-based Organization

FDCFolk Development College

FGM Female Genital Mutilation

FYDPFive-Year Development Plan

GBVGender Based Violence

GDP Gross Domestic Product

GePGGovernment Electronic Payment Gateway

HSSPHealth Sector Strategic Plan

IESInclusive Education Strategy

ILOInternational Labour Organization

IOMInternational Organisation for Migration

INSETIn-service Education Training

IOMInternational Organization for Migration

IPOSAIntegrated Programme for Out of School Adolescents

LCALaw of the Child Act

LGA’s Local Government Authorities

MDAs Ministries, Departments and Agencies

MoHAMinistry of Home Affairs

MKUKUTA Mkakati wa Kukuza Uchumi na Kuondoa Umasikini Tanzania

MoLEEWCMinistry of Labour, Empowerment, Elders, Women and Children

MoESTMinistry of Education, Science and Technology

MoHCDGECMinistry of Health, Community Development, Gender, Elderly and Children

MoHSW Ministry of Health and Social Welfare

MTEFMedium Term Expenditure Framework

MVC Most Vulnerable Children

NBS National Bureau of Statistics

NC National Committee on Violence Against Women and Children, Zanzibar

NGO Non-Governmental Organisation

NMNAPNational Multisectoral Nutrition Action Plan

NPA-VAWCNational Plan of Action to end Violence Against Women and Children

NPTCNational Protection Technical Committee

NSGRPNational Strategy for Growth and Reduction of Poverty

OCGSOffice of the Chief Government Statistician

PF-GCDPolice Force Gender and Children Desk

PMTCT Prevention of Mother to Child Transmission

PO-RALGPresident’s Office- Regional Administration and Local Government

PSSNProductive Social Safety Net

PWPPublic Works Programme

RGoZRevolutionary Government of Zanzibar

SDGsSustainable Development Goals

SEOSAGSecondary Education for Out of School Adolescent Girls

SGBV Sexual and Gender-Based Violence

SHIVYAWATAShirikisho la Vyama Vya Watu wenye Ulemavu Tanzania

SOPStandard Operating Procedures

SRHSexual and Reproductive Health

STIsSexually Transmitted Infections

SWASHSchool Water Sanitation and Hygiene

SWOsSocial Welfare Officers

TARURATanzania Rural and Urban Road Agency

TASAF Tanzania Social Action Fund

TBATanzania Building Agency

TZSTanzanian Shillings

TDHS Tanzania Demographic and Health Survey

TDHSMISTanzania Demographic Health Survey and Malaria Indicators Survey

TRATanzania Revenue Authority

TSCTeachers Service Commission

U5NBRS Under Five National Birth Registration System

URT United Republic of Tanzania

UNUnited Nations

UN-CRCUnited Nations Convention on the Rights of the Child

UNHCRUnited Nations High Commissioner for Refugees

UNICEFUnited Nations Children’s Fund

VAC Violence Against Children

VCTVoluntary Counseling and Testing

WASHWater Sanitation and Hygiene

WCPTsWomen and Children Protection Teams

ZCSRAZanzibar Civil Status Registration Agency

ZSGRPZanzibar Strategy for Growth and Reduction of Poverty

Preamble

1.The Government of the United Republic of Tanzania (hereafter referred to as the State Party) is pleased to present to the United Nations Committee on the Rights of the Child its sixth periodic report on the implementation of the United Nations International Convention on the Rights of the Child (UN-CRC). The report outlines measures taken to implement the Convention on the Rights of the Child (CRC) between 2013 and 2019. It also covers issues relevant to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and the Optional Protocol on the Involvement of Children in Armed Conflict.

2.The State Party is obliged under Article 44(1) of the CRC to submit periodic reports every five years. The State Party submitted its combined third, fourth and fifth Periodic Reports on the implementation of the CRC in 2012 to the UN Committee on the Rights of the Child. The Committee considered the third to fifth combined periodic report of the State Party (CRC/C/TZA/3-5) at its 1944th and 1946th meetings held on the 15th and 16th of January 2015 and issued 80 recommendations to the State Party.

1.Methodology and preparation of the report

1.1Preparation

3.The preparation of the report involved a consultative and participatory approach. Data was collected through documentary review, interviews, circulation of datasheets and questionnaires to all selected sources.

4.The Ministry of Health, Community Development, Gender, Elderly and Children (MoHCDGEC as it was known then as the Ministry responsible for children) coordinated the preparation of the report in mainland Tanzania while the Ministry of Labour, Empowerment, Elders, Women and Children (MoLEEWC as it was known then as the Ministry responsible for children) coordinated preparation of the report in Zanzibar.

5.Government Ministries, Departments and Agencies (MDAs), Civil Society Organizations (CSOs), UN Agencies and other international organizations were consulted during the preparation of the report.

6.In order to ensure children’s participation in the preparation of the report, Fifty-nine children from mainland Tanzania and Zanzibar contributed to the preparation of the report. In addition, the views of about 100 children and adolescents living with HIV and AIDS were collected and incorporated in the report.

7.Two stakeholder’s consultative meetings were convened to validate the findings on the implementation of each concluding observation.

8.In implementation of the UN-CRC, the State Party is cognizant of the fact that all of the sustainable development goals (SDGs) affect children and there is direct correlation between the various rights of the child and implementation of the SDGs.

9.The Government of the United Republic of Tanzania appreciates and acknowledges technical and financial support from UNICEF Tanzania in the preparation of this report. The Government also appreciates various stakeholders who contributed inputs that made development of the report possible.

1.2Structure of the report

10.The content and structure of the report conforms to the Treaty-Specific Guidelines regarding the form and content of periodic reports submitted by States Parties under Article 44, Paragraph 1 (b), of the CRC adopted on 3rd March 2015 (CRC/C/58/REV.3).

11.The report is divided into three sections; Section I contains the introduction, methodology, preparation and structure of the report; section II contains the country profile and section III contains the substantive information with regard to implementation of the concluding observation recommendations and implementation of the articles of the CRC.

1.3Country profile

12.The State Party has provided the following updates to the information contained in the third to fifth combined reports submitted to the Committee in 2012.

13.The State Party is a unitary republic consisting of the Government of the United Republic of Tanzania (URT) and the Revolutionary Government of Zanzibar (GoZ). In this report, they are referred to as mainland Tanzania and Zanzibar. The State Party has a total area of 945,454 sq. kms. Inland Water covers 61,500 sq. kms. Land area is 883,954 sq. kms. Mainland Tanzania is divided into 26 regions with 139 districts and Zanzibar is divided into 5 regions with 11 districts.

14.The estimated population of the State Party in 2019 was 55,890,747 comprising 28,534,558 women equivalent to 51.1 percent and 27,356,189 men equivalent to 48.9 percent. The population increased by 10,961,824 persons or 24.4 per cent since 2012, translating into a growth rate of 2.7 per cent per annum. The population in mainland Tanzania being estimated at 54,265,158 (97.1 percent of the total population) and in Zanzibar at 1,625,589, (2.9 per cent).

Table 1

Population by place and age group, 2019

Place/Age

URT

Mainland

Zanzibar

< 5 y ea rs

5 – 14 y ea rs

15 – 24 y ea rs

25 – 64 y ea rs

Population

55 890 747

54 265 158

1 625 589

9 628 845

14 725 639

10 882 410

18 919 802

Percentage

100

97.1

2.9

17.4

26.3

19.7

33.5

Source: NBS 2018 – National Population Projections 2013–2035 .

15.The seat of Government moved from Dar es Salaam to Dodoma in accordance with the Dodoma Capital City (Declaration) Act No. 5 of 2018. Government Ministries, Agencies, Parastatals and Departments moved to Dodoma. Dar es Salaam, however, remains the major commercial city.

16.In 2018, real GDP grew by an average of 7.0 per cent compared to 6.8 per cent in 2013. The growth was mainly attributed to the implementation of infrastructure projects such as roads, railways and airports and increase in production of minerals such as diamonds and coal as well as improved agriculture sector performance.

Table 2

Economic Growth 2013–2018

Economic Growth 2013 – 2018

Year

Percentage

2013

6.8

2014

6.7

2015

6.2

2016

6.9

2017

6.8

2018

7.0

Source: NBS – Economic Survey Book 2018 .

17.During the reporting period, the State Party implemented major social and economic development strategies for poverty reduction as shown below:

(a)The Second Five Year Development Plan (FYDP II 2016/17–2020/21) which is a continuation FYDP I 2011/12–2015/16 and National Strategy for Growth and Reduction of Poverty (NSGRP II) 2010/11–2014/15) is being implemented in Tanzania Mainland. The Plan links Tanzania’s Development Vision 2025 to the Sustainable Development Goals, 2030 (SDGs) and other internationally agreed frameworks for poverty reduction.

(b)In Zanzibar, the Zanzibar Strategy for Growth and Reduction of Poverty (ZSGRP II) was implemented between 2010–2015. Currently, Zanzibar is implementing ZSGRP III 2016–2020. The Strategy is a vital tool for the realization of the Zanzibar Development Vision 2020. It also recognizes that the empowerment of women and protection of children is critical to economic and social transformation and incorporates specific outcomes and targets on the prevention and response to violence against women and children.

18.The State Party has adopted major national sectoral and intersectoral plans on children’s issues as follows:

(a)In mainland Tanzania the National Plan of Action to End Violence against Women and Children (NPA-VAWC 2017/18–2021/22) was adopted in 2016.

(b)Zanzibar also implemented the National Plan of Action to End Violence Against Women and Children 2017–2022. The plan is a comprehensive framework for addressing violence against both women and children. The plan built on the experiences gained from implementing the Multi-Sector National Plan of Action to Address Violence Against Children in Zanzibar 2011–2015 and the National Multi-Sectoral Strategy and Action Plan for Preventing and Responding to Gender-Based Violence in Zanzibar of 2011.

19.Other important plans implemented by the State Party include:

(a)The National Multisectoral Nutrition Action Plan (NMNAP) (2015/16–2020/21). It is a comprehensive plan for addressing high levels of malnutrition. A primary target of the NMNAP is to reduce the prevalence of stunting from the current 34 per cent to 28 per cent by 2021.

(b)The Education Sector Development Plan (2016/17–2020/21) for Tanzania Mainland. The ESDP focuses on ensuring equitable access to education and training for all, including the most disadvantaged. In Zanzibar, the Zanzibar Education Development Programme II (2017–2022) is being implemented as well.

(c)The Health Sector Strategic Plan (HSSP IV) 2015–2020 that intends to reach all households with essential health and social welfare services. Similarly, Zanzibar implemented the Zanzibar Health Sector Strategic Plan III (2013/14–2018/19). The plan seeks to ensure delivery of health services is of high quality, affordable, and accessible to all.

(d)The Health Sector HIV and Aids Strategic Plan (HSHSP IV) 2017–2022 is a sector specific strategy developed to guide HIV related interventions implemented by different stakeholders working in the health sector. It is geared to meet the 90, 90, 90 global goals and the health related SDGs. Similarly, the Health Sector HIV and AIDS Strategic Plan III 2017–2022 (ZHSHSP III 2017–2022) was implemented in Zanzibar.

(e)The Water Sector Development Programme 2006–2025 and the Water Sector Development Programme (WSDP Phase II) 2015–2019.

2.General measures of implementation

(Articles 4, 42 and 44, para. 6, of the Convention)

20.The State Party has undertaken several specific legislative, policy, administrative and judicial measures to implement the CRC in response to the concluding observations as set out in various paragraphs throughout this report.

2.1Compliance through the appropriate legal framework

21.To comply with concluding observation No. 8, the State Party continued to engage stakeholders through the Ministry of Constitutional and Legal Affairs, the Law Reform Commission and the Office of the Attorney General to amend the Law of Marriage Act Cap 29, the Penal Code, Cap 16 and the inheritance laws on areas hindering full realization of children’s rights.

22.To strengthen the protection of children’s rights in mainland Tanzania, the State Party has adopted regulations to operationalize and align the Law of the Child Act, Cap 13 (LCA) to the CRC. The list of regulations includes:

(a)The LCA (Foster Care Placement) Regulations.

(b)The LCA (Apprenticeship) Regulations.

(c)The LCA (Children’s Homes) Regulations.

(d)The LCA (Children’s Homes (Amendment) Regulations.

(e)The LCA (Adoption) Regulations.

(f)The LCA (Retention Homes) Rules.

(g)The LCA (Child Employment) Regulations.

(h)The LCA (Juvenile Court Procedure) Rules.

(i)The LCA (Child Protection) Regulations.

(j)The LCA (Day Care Centers and Crèches) Regulations.

23.Other child protection-related regulations were adopted under the Employment and Labor Relations Act, Cap 366, the Anti-Trafficking in Persons Act, Cap 432 and the Basic Rights and Duties Enforcement Act Cap 3. These include the Employment and Labour Relations (General Regulations) G.N No. 47 of 2017, the Basic Rights and Duties Enforcement (Practice and Procedure) Rules G.N No. 304 of 2014, the Anti-Trafficking in Persons (Prevention, Protection and Treatment) G.N No. 28 of 2015, the Trafficking in Persons (Centers for Protection and Assistance to Victims of Trafficking in Persons) G.N No. 27 of 2015, the Judicature and Application of Laws (Practice and Procedure in Cases involving Vulnerable Groups) Rules, G.N No. 110 of 2019 and the Legal Aid Regulations of 2018.

24.The State Party has taken legislative measures by reviewing, amending and enacting laws that strengthen protection of children’s rights including amendment of the Education Act, Cap 353 by the Written Laws (Miscellaneous Amendment) (Act No. 2) of 2016; the Whistle Blowers and Witness Protection Act, Cap 446; the Cyber Crimes Act, Cap 443; the Media Service Act, Cap 229; the Legal Aid Act, Cap 21; the Miscellaneous Amendment Act No 11 of 2019 which amended the Births and Deaths Registration Act, Cap 108 and the Evidence Act, Cap 6.

25.In Zanzibar, several laws were reviewed and enacted in conformity with the CRC. In addition, various regulations have been adopted to effectively operationalize the Zanzibar Children’s Act 2011 as elaborated below:

(a)The Enactment of the Evidence Act No. 9 of 2016 repealed and replaced the Evidence Decree Chapter 5 of 1917. The new law defines a child of tender age and allows admissibility of evidence of vulnerable and intimidated witnesses including a child.

(b)The enactment of the Penal Act No. 6 of 2018 repealed and replaced the Penal Act No. 6 of 2004. The new law criminalizes the disclosure of the identity of the victim of sexual offences including children.

(c)The enactment of the Criminal Procedure Act No. 7 of 2018 repealed and replaced the Criminal Procedure Act No. 7 of 2004. The law makes gender-based violence (GBV) a non-bail able offence and enhances the sentencing powers of the regional courts on GBV crimes from seven years to fourteen years and for High Court from thirty years to life imprisonment.

(d)The Zanzibar Civil Status Registration Act No. 3 of 2018 established the Civil Status Registration Agency and made provisions for birth registration and other matters.

26.Operationalize the Children’s Act of 2011 in Zanzibar was through adoption of the Children’s Act (Care and Protection of Children) Regulations of 2017, the Children’s Act (Foster Care) Regulations of 2017, the Children’s Act (Approved Residential Establishment) Regulations of 2017 and the Children’s Act (Children Court Rules) of 2015.

2.2Comprehensive policy and strategy

27.In order to comply with concluding observation No. 10, the State Party has progressively increased human, technical and financial resources to implement existing strategies addressing children issues effectively. In collaboration with stakeholders, it has done various activities to implement the current strategies addressing children’s issues as reflected in paragraphs 33 and 34 below.

2.3Coordination

28.The State Party is committed to ensuring effective coordination of all sectors involved in the implementation of the Convention. In mainland Tanzania, at the national level, the general mandate for implementation of children’s rights fell under the MoHCDGEC as it was known then.

29.Local Government Authorities (LGAs) were transferred from the Prime Minister’s Office (PMO) to the President’s Office-Regional and Local Government (PO-RALG) to improve oversight, guidance and coordination. At the local Government level, the District Executive Director’s (DED) offices coordinate implementation of children’s rights. All sectors responsible for implementing children’s rights report quarterly on progress made and challenges encountered.

30.In Zanzibar, the MoLEEWC as it was known then coordinated all relevant sectors in the implementation of CRC from national to Shehia levels. The Ministry works closely with other Ministries, Departments and Agencies (MDAs) and Civil Society Organizations (CSOs) to implement the provisions of the Convention.

31.The State Party developed functional institutional coordination mechanisms, both sectoral and cross-sectoral, involving all relevant line ministries and MDAs and other key stakeholders in the implementation of the CRC in both mainland Tanzania and Zanzibar. This coordination has brought effective operationalization of national plans, policies and strategies from national to sub-national level as follows:

(a)In mainland Tanzanian, a unified multi-sectoral and cross-jurisdictional body at national and subnational levels coordinates the NPA-VAWC 2017–2022. At national level, coordination structures are the NPA-VAWC National Protection Steering Committee (NPSC), NPA-VAWC National Protection Technical Committee (NPTC) and Thematic Working Groups (TWGs). The NPSC is the highest inter-ministerial body under the leadership of the Permanent Secretary-Prime Minister’s Office. It provides overall policy guidance and coordination of the NPA-VAWC. At the sub-national level, Women and Children Protection Committees (WCPCs) were established at regional, councils, wards and village for implementing children rights.

(b)In Zanzibar, the National Committee on Violence Against Women and Children (NC-VAWC) coordinates the NPA-VAWC 2017–2022 at national level. NC‑VAWC meets bi-annually to review and report on progress in the implementation of the NPA. It also provides regular reports to the Revolutionary Council of Zanzibar. At the local level, District Committees on Violence Against Women and Children have been established which oversee the planning, coordination, implementation and monitoring of interventions addressing violence against women and children. Further down the administrative ladder, Shehia Committees on Violence Against Women and Children were established as the first effective structures in preventing and responding to violence against women and children.

(c)The National Multisectoral Taskforce is responsible for reviewing the implementation of the three years National Plan of Action on Violence against Children (2013–2016).

(d)The Implementing Partners Group regularly meets to review the implementation of the National Costed Plan of Action for Most Vulnerable Children (NCPA‑MVC II 2013–17).

32.Despite the above measures, the State Party experiences the following challenge in coordination:

(a)Insufficient financial, technical and human resources allocated to line Ministries, Divisions and Agencies (MDAs) to promote and protects child rights.

2.4Measures taken to improve budgetary allocations

33.The State Party adopted several measures to meet its budgetary allocations to sectors relevant in the implementation of child rights as outlined below:

(a)Raised tax collection revenues through expanding the tax base. These efforts have enabled the Tanzania Revenue Authority (TRA) to meet or surpass its tax collection targets from 815 billion TZS in 2015 to 1.3 Trillion TZS in 2018.

(b)Connected MDAs, Institutions and Parastatal Organization with the Government Electronic Payment Gateway System (GePG) to improve revenue collection and control leakage of Government revenues in 2017. As of May 2018, 234 Government institutions, including all 185 Councils were connected to the system.

(c)Established a minimum budget allocation for nutrition using domestic funding to reach the global target by 2025 of USD 8.5 per child under-five per year.

(d)Integrated nutrition interventions into District Councils’ Mid-term Expenditure Frameworks (MTEFs).

34.Substantial budgetary allocations were made to social sectors such as health, water and education between 2013/14 and 2017/2018. The budgetary allocation for education increased from 3.8 billion TZS in 2015/16 to 4.6 billion TZS in 2018/19. Allocation to the water sector budget increased from 573.5 billion TZS in 2015/16 to 697.5 billion TZS in 2018/19. In the 2018/19 national budget, the State Party through the Ministry of Finance and Planning (MoFP) focused on efforts to implement flagship projects including those related to social services. The measures outlined above as well as the ongoing fight against corruption are all efforts to ensure availability of adequate budgets to social sectors.

35.The State Party developed interventions to improve the living standards of people living in extreme poverty and to protect children living in vulnerable environments through the Productive Social Safety Net (PSSN) Programs by the Tanzania Social Action Fund (TASAF). PSSN interventions are implemented through three windows namely Conditional Cash Transfers, Public Works Program (PWP) and Livelihood Enhancement (LE). As of December 2018, a total of TZS 791.83 billion was paid to PSSN beneficiaries in the form of cash transfers and PWP compared to TZS 668.3 billion in 2017, an increase of 18.5 per cent. Concerning PWP, a total of TZS 83.29 billion was paid as wages to poor households that participated in the projects identified in their localities compared to TZS 47.6 billion paid in 2017.

Table No. 3

Distribution of PSSN direct beneficiaries – December 2018

Year

Age Group

Total

0 – 2 years

3 – 5 years

6 – 18 years

19 – 60 years

60+ years

2017

343 558

487 134

1 994 687

1 697 279

605 072

5 127 730

2018

380 741

497 683

2 061 746

1 714 158

605 175

5 259 503

Source: NBS – Economic Survey Book 2018 .

36.To address the challenge of budgetary constraints, the State Party collaborated with development partners, UN Agencies and CSOs in implementing various programs, plans and activities on child rights issues.

37.Government budgets on implementing the CRC cuts across Ministries Divisions and Agencies (MDAs) and child-related expenditures at all levels of government are indicated in the respective sectoral medium term expenditure frameworks (MTEF’s).

2.5Data collection

38.To comply with concluding observation No. 16, the State Party adopted a centralized data collection and management system managed by the National Bureau of Statistics (NBS) that collects data across sectors and ministries. Each MDA has an independent sector information system that feeds into the NBS data collection system. The NBS broadest and multisectoral data sources are the Tanzanian Population and Housing Census of 2012 and Tanzania Demographic Health Survey and Malaria Indicators Survey (TDHSMIS) of 2015–2016. In mainland Tanzania, the State Party has taken measures to implement the Tanzania Statistical Master Plan by strengthening the measurement of key child indicators. The 2015–2016 TDHS includes questions on birth registration and violence against children. The State Party has also established District Health Information System Version 2 (DHIS2) that collects and reports disaggregated data on the health of mothers, infants and children under five. This has improved the quality of data and reduced data gaps. Further, the National Bureau of Statistics (NBS) and Office of the Chief Government Statistician (OCGS) in Zanzibar prepared Population and Housing Census Monographs on mortality, health and disability in 2012. The monographs provide updated estimates on maternal, infant, child and under-five mortality rates and incidence of disability among adults and children.

39.In Zanzibar, efforts to improve data collection systems include the establishment of a Gender Unit in the office of the Office of the Chief Government Statistician and the Gender Statistics Steering Committee to oversee the collection, analysis and use of gender statistics in the OCGS and other institutions. This effort ensures the availability of disaggregated data on violence against women and children on a quarterly basis. Further, child related indicators were integrated into the questionnaires of the Zanzibar Household Budget Survey.

2.6Independent monitoring

40.In ensuring compliance with concluding observation No. 18, the State Party took administrative measures to ensure availability of adequate human and financial resources for the effective functioning of the Special Desk for Children Affairs in the Commission for Human Rights and Good Governance (CHRAGG). To increase human resources, eight persons were employed from 2013 to 2019. Four of them operate the desk at the headquarters, and the other four were allocated to the four zonal offices in mainland Tanzania and Zanzibar. Due to this increase in the number of workers, the CHRAGG handled 113 cases during the reporting period.

41.In order to further bridge financial resources and technical capacity gaps, the CHRAGG collaborated with international agencies and CSOs to implement various projects, programs and activities. These included strengthening children’s accessibility to complaints mechanisms, the establishment of an inter-agency coordination mechanism for monitoring and inspection of juvenile retention homes, the establishment of 128 human rights clubs in secondary schools and training of juvenile justice stakeholders.

2.7Dissemination and awareness–raising

42.The State Party took measures to widely disseminate the provisions of the CRC, Law of the Child Act, Cap 13 and the Zanzibar Children’s Act of 2011 to parents, the public and the children themselves through trainings, campaigns, dialogues, workshops, seminars and the use of media as shown below:

(a)In mainland Tanzania and Zanzibar, efforts were taken to raise awareness on the principles and provisions of the CRC. On-job trainings were held for professionals working with and for children in different areas including Social Welfare Officers (SWOs), police officers operating the Gender and Children Desks, (PF-GCD), Community Development Officers (CDOs), Magistrates, Judges, prosecutors, State Attorneys, labour officers, teachers, health care workers and immigration officers. 7,215 police officers under PF-GCD were trained on GBV and VAC.

(b)Developing and disseminating Guidelines, Standard Operating Procedures (SOPs) and training manuals on various aspects of child rights. For instance, the Police Force developed the SOP for GBV and VAC in 2013 and SOP for Children in Conflict with the Law in 2014. In addition, an advanced training manual on GBV and VAC were prepared by the Police Force in 2015 where 15 officers were trained and certified as Trainer of Trainers (TOT) on GBV and VAC.

(c)The Parenting Education Training Manual to educate parents and guardians on positive parenting at the family level was developed and 600 teachers, Community Development Officers (CDOs) and Social Welfare Officers (SWOs) were trained on the use of the manual.

(d)Awareness campaigns to end harmful traditional practices including Female Genital Mutilation (FGM) and child marriages were conducted by SWOs and CDOs at the local Government level. Additionally, Women and Children Protection Committees at different levels have been involved in sensitization programmes, in the fight against harmful practices. Radio programs were also used to educate communities on children’s rights, GBV, VAC, parenting and nutrition through key messages.

43.Child rights education was integrated into the curricula for training frontline workers working for and with children such as SWOs and CDOs. The new national curriculum for community development training institutes rolled out in 2016 contains child protection courses. Further, the Police Force Schools and Academy training curriculum contains GBV and VAC courses from Recruit to Promotion courses.

44.1669 Junior Councils were established in all Regions and Councils in mainland Tanzania. These Councils have provided a platform for children to discuss aspects of the Law of the Child Act, Cap 13 and the Convention on the Rights of the Child.

45.In Zanzibar, capacity building was held for drivers on prevention of violence against women and children (VAWC), for 44 Shehia Committees, children and 93,745 religious leaders. A Positive Parenting Booklet was prepared and distributed to 1,800 parents/caretakers (men 1,450 and women 350). For effective use of the booklet, 70 facilitators were trained by the MoLEEWC. Furthermore, 21 Shehia parenting committees were trained and established parenting networks. A guidebook on alternative punishment was prepared and distributed to schools. A total of 1539 teachers (818 men and 721 women) were trained to use the guidebook. Moreover, 1700 Community Health Workers Volunteers in 10 Districts of Zanzibar were trained to support prevention efforts and report cases of VAC in their respective Shehias.

2.8Measures taken to promote children’s rights in the business sector

46.In compliance with concluding observation No. 22, the State Party made legislative and administrative measures to ensure that private investments, particularly in the exploitation of natural resources, benefit local communities. These measures include the following:

(a)Enactment of new laws to regulate the exploitation of natural resources including the Natural Wealth and Resources (Permanent Sovereignty) Act, 449 and the Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act, 450. In addition, the Oil and Gas Revenues Management Act Cap 328, the Petroleum Act Cap 392, the Tanzania Extractive Industries (Accountability and Transparency) Act, Cap 447 and the Written Laws (Miscellaneous Amendments) Act, No. 9 of 2017 were enacted.

(b)Amendments were made to the Mining Act, Cap 123 that introduced section 105 that prescribes the procedure for mineral rights holders to prepare and execute corporate social responsibility (CSR) plans in collaboration with local government authorities. Under these plans, community development projects, activities and programmes on education, infrastructure development, health and water were implemented in areas adjacent to where mining companies operate.

47.The State Party also took legislative and administrative measures to regulate the negative impacts of private investments on children, particularly in the exploitation of natural resources. Environmental laws oblige the business sector in both mainland Tanzania and Zanzibar to promote health and environmental standards of all people, including children. The Environmental Management Act, Cap 191 and the Zanzibar Environmental Management Act of 2015 make provision for environmental offences and punishments such as fines and compensation to the affected communities in case of violations.

48.The State Party continued to ensure that, under the National Environmental Management Council (NEMC) in mainland Tanzania and Zanzibar Environmental Management Authority (ZEMA), Environmental Impact Assessments (EIA) are conducted in all extractive industry investments before starting operations. As part of the EIA process, private investments are required to submit environmental impact management plans, which must identify environmental, socio-economic and cultural impacts of the investments on the local people, including children, and mitigation measures. After starting operations, NEMC and ZEMA audit private investments to measure the level of compliance. The EIA process is participatory and seeks the views of all people including children.

49.The State Party requires private investors involved in the extraction of natural resources such as mining companies to sign a Memorandum of Understanding with local government authorities to address the social, health and environmental risks of activities in the areas they operate. They also contain clauses on mitigating adverse environmental impacts of their operations on the community, including children. For example, in 2018, Geita Gold Mining Limited (GGML), Geita District Council and Geita Town Council signed a Memorandum of Understanding in relation to the mines corporate social responsibility plan for 2018.

50.In compliance with the United Nations “Protect, Respect and Remedy” framework, the State Party has incorporated human rights aspects in different sectoral laws on the exploitation of human resources. The State Party has collaborated with private business and CSOs to undertake projects, programmes and activities aimed at eliminating economic exploitation of children for sex and labour and exposure of children to harmful practices in the extractive industry. In addition, the Commission for Human Rights and Good Governance (CHRAGG) conducted a National Baseline Assessment for Business and Human Rights in 2017.

51.In compliance with the UN Guiding principles, Zanzibar has incorporated human rights aspects in the Oil and Gas (Upstream) Act, 2016 that aims at protecting the rights of the public, including children. The Act requires assessments be conducted before starting operations to prevent adverse impacts on the environment. The law also requires that an evaluation of the social and environmental impact of the potential petroleum activities on national development and local communities be carried out.

3.Definition of the child

(Article 1 of the Convention)

Measures taken to eliminate child marriage

52.The Government is in the process of implementing the Court of Appeal decision delivered in the case of the Attorney General vs Rebecca Gyumi, Civil Appeal No. 204 of 2017 which held that the age of marriage should not be below eighteen years of age. The Government submitted proposed amendments to the Law of Marriage Act, Cap 29 to the Parliament, which directed the Government to refer the matter to the public for widespread public opinion. As reported in the last periodic reports, the Law of the Child Act, Cap 13 in mainland Tanzania and the Zanzibar Child Act of 2011 define a child as any person below the age of 18 years. However, these two laws did not nullify section 13 of the Law of Marriage Act, Cap 29 that sets the minimum age for marriage below the age of 18.

53.The State Party has also taken legislative and administrative measures to eliminate child marriages in line with its obligations under the CRC as shown below:

(a)The Education Act, Cap 353 was amended through the Written Laws (Miscellaneous Amendment) (No. 2) Act, 2016. A new section was introduced prohibiting marrying or impregnating a primary or secondary school girl. Violation of this section attracts a punishment of imprisonment for a term of 30 years. Further, aiding, abetting or soliciting a primary or secondary school girl to marry is an offence attracting a fine of not less than TZS 5,000,000 or imprisonment for a term of five years or both. Heads of schools are obliged to keep records and submit to the Commissioner or his representative a detailed quarterly report of all cases of marriages and pregnancies, as well as to legal action against the offenders. Legal action is taken against those responsible for impregnating school-going girls. Parents who marry off their school-going girls have also been taken to court.

(b)A National Survey on the Drivers and Consequences of Child Marriages in Tanzania was conducted in 2017. The study’s conclusion identified poverty as a key driver of child marriage and made recommendations, which the State Party has implemented through various measures.

(c)A fee free education policy for primary and secondary schools was established. The Government in 2015 issued Circular No. 5 to implement the Education and Training Policy of 2014, which directs public bodies to ensure that secondary education is free for all children. This initiative is in response to poverty as one of the drivers for child marriage, especially in rural areas.

(d)Capacity building sessions, sensitization and awareness raising programmes, dialogues and nationwide campaigns on child marriage were held. For example, the Child Marriage-Free Zone campaign commenced in 2014 to support efforts to end child marriage through advocacy for the review of discriminatory laws. Furthermore, the “Mimi ni Msichana Najitambua, Elimu ndio Mpango Mzima” national campaign commenced in 2017 to support the National Plan of Action to end Violence against Women and Children (NPA‑VAWC 2017/18–2021/22). Under the campaign, rural areas and regions with high prevalence rates were sensitized on the negative impacts of child marriage.

54.In Zanzibar, the State Party in collaboration with the media held campaigns to educate the public on the negative consequences of child marriage. In 2017, 180 radio programmes and 100 drama episodes were aired to educate the public on VAC and child marriages.

55.The Zanzibar Education Act No 5 of 1982 also provides for compulsory school attendance whereby a parent/ guardian of every child enrolled for primary education is under legal obligation to ensure the child regularly attends school until they complete basic education. Further, fee free education has been extended to form five. It is also prohibited for the girl child to get married before completion of her basic education.

4.General principles

(Articles 2, 3, 6 and 12)

4.1Measures taken to end discrimination

56.Apart from the clear non-discrimination provisions in the Constitution of the United Republic of Tanzania, 1977 and the Constitution of Zanzibar, 1984 as well as the enactment of the Law of the Child Act, Cap 13 and the Children’s Act of 2011, the State Party has reviewed and enacted laws and adopted regulations to ensure full compliance with Article 2 of the Convention. Legislative and policy interventions in the education sector include amending the Education Act of 353 in 2016 and the adoption of the Education and Training Policy of 2014. These interventions enhanced non-discrimination in respect of teenage pregnant girls and mothers, children with albinism, children with disabilities and children infected and or affected by HIV/AIDS. In Zanzibar, the State Party enacted the HIV/AIDS (Prevention and Management) Act in 2013. The law addresses issue of discrimination, social stigma, education, person with disabilities and those affected with HIV/AIDS, including children. It guarantees access to health care services and provides for non‑discrimination in educational institutions.

57.The Regulations adopted to operationalize both the LCA Cap 13 and CA 2011 contains specific non-discrimination provisions on various child protection issues. Regulation 3 (1) of the Zanzibar Children Act (Approved Care and Protection) requires all public or private social welfare institutions, Courts or administrative bodies to be guided by the principles of non-discrimination in reaching any decision relating to a child. Further, Regulation 5(2) of the Zanzibar Children Act (Approved Residential Establishment) of 2017 prohibits non-discrimination of a child admitted to the Approved Residential Establishment.

58.The State Party also took steps to ensure the availability of primary health care to children without discrimination. It has strived to provide equal access to basic preventive, curative and health services, health education and availability of essential drugs to all children. In Zanzibar, free health and education policies are maintained to promote equal opportunities to all. The Government has developed policies, strategies and programs that support the achievement of this goal.

59.The State Party carried out major comprehensive public education campaigns to prevent and combat all forms of discrimination. A three-day National Dialogue to end FGM, Child Marriage and Teenage Pregnancies in the run-up to the International Day of the Girl Child was organized in 2018. The dialogue participants included religious leaders, traditional leaders, regional commissioners, children, parliamentarians, CSOs and academics. Furthermore, the celebration of Zero Discrimination on the first of March of every year raises awareness on discriminatory laws, attitudes and practices that negatively affect children.

4.2Best interests of the child

60.In compliance with concluding observation No.28, the State Party ensured integration of the principle of the best interests of the child into various legislation, policies, programmes and judicial decisions. The guiding criteria have been the clear provisions in the Law of the Child Act, Cap 13 and the Children’s Act of 2011. The principle has been enshrined in various regulations to guide all who work or deal with children to accord due preference to the best interests of the child principle. For example, the Law of the Child (Juvenile Court Procedure) Rules, 2016 establishes uniform practice and procedures for the Juvenile Courts in mainland Tanzania to safeguard children’s interests.

61.In Zanzibar, the Children’s Act (Child Care and Protection Regulation, 2017) reiterates that the best interests of the child shall be of paramount consideration in reaching any decision relating to the child by all public and private institutions. This applies to placing a child in a foster home under the Children’s Act (Foster Care) Regulation of 2017, and when taking any action or making any decisions concerning the child as stated by the Children’s Act (The Approved Residential Establishment) Regulations of 2017. The enactment of the Evidence Act, 2016 and the Penal Act, 2018 have also considered the best interests of the child. The admissibility of testimony of an independent witness or of a vulnerable or intimidated witness aims to protect children who are vulnerable to sexual abuse. Likewise, the Criminal Procedure Act, No. 7 of 2018 restricts bail in GBV cases in order to protect children from abuse.

62.The State Party has also mainstreamed the principle of the best interests of the child into the prison system. A separate prison has been set aside at Kingolwira to accommodate female prisoners incarcerated with children. Further, Gender and Children Desks were introduced in prisons. At the policy level, the Prison Gender and Children Policy was adopted in 2018 to address the needs and challenges of children within the prison system.

63.The State Party carried out several awareness raising activities for traditional and religious leaders as well as government officials through the media to sensitize them on the applicability of the principle of the best interests of the child.

4.3Right to life, survival and development

64.The State Party has taken various short and long-term measures on the right to life, survival and development, particularly concerning children with albinism. Apart from the constitutional recognition of the right to life and specific disability laws that classify persons with albinism as persons with disability, concrete efforts to end discrimination and violence against persons with albinism including children were made. To protect children from superstitious beliefs that instigate attacks on children with albinism, the Government issued a directive in 2015 requiring compulsory registration of all traditional healers in order to eliminate the activities of nefarious traditional healers who encourage the use of body parts of persons with albinism for power and wealth creation.

65.The State Party conducted various protective programmes and activities for children with albinism during the implementation of national plans like the National Human Rights Action Plan 2013–2017, the National Costed Plan of Action for Most Vulnerable Children 2013–2017 and NPA-VAWC 2017–2022 for both mainland Tanzania and Zanzibar. The State Party is also part of the Regional Action Plan on Albinism in Africa 2017–2021, which guides Tanzania in developing a strategy to protect and support persons with albinism including children.

66.The State Party through the Director of Public Prosecution took heightened measures to expedite investigation and prosecution of persons accused of attacks, killings and targeted crimes against persons with albinism including children. The National Prosecutions Service prioritized eight regions with high incidences of assault and killings of children with albinism, which led to the investigation, and prosecution of such cases.

67.The State Party also developed the National Guidelines on Children’s Reintegration with Families in 2019, which lay down procedures to facilitate the return of children, including those with albinism to their families as per the International Guidelines from the Inter-agency Group on Children’s Reintegration in 2016.

68.To raise public awareness on the rights of persons with albinism the following measures have been taken:

(a)The formation of the Ministry responsible for Policy, Coordination Parliamentary Affairs, Labour, Employment, Youth and Persons with Disabilities in the Prime Minister’s office. The inclusion of Person with Disabilities within a Ministerial portfolio is a mechanism for mainstreaming persons with disabilities, including those with albinism in the decision- making processes.

(b)Appointment of persons with albinism to serve in political and administrative posts. These appointments have raised awareness and debunked myths and stigma towards persons with albinism and inspire children with albinism to reach their full potential.

(c)Celebrating international albinism awareness day on 13 June of every year to reflect and raise awareness of members of the public about albinism.

(d)Developing Guidelines on Early Identification and Intervention of Children with Disability in 2015.

(e)Adoption of the strategy to raise awareness in the areas most affected by killings and assault of persons with albinism in collaboration with CSOs and UN agencies.

4.4Respect for the views of the child

69.The State Party took several measures, including the adoption of regulations under the Law of the Child Act, Cap 13 and the Children’s Act of 2011, to strengthen respect for the views of the child. Administratively, the following steps have been taken to promote meaningful and empowered participation of children in matters concerning them in all settings:

(a)The development and implementation of the National Plan of Action for Child Participation 2014–2019. The plan provides a framework for promoting children’s participation, establishes structures that enhance their participation by coordinating the efforts of all stakeholders and provides a guide for child participation at all levels. It empowers children, including those in vulnerable situations to understand their rights and improves their participation in decision-making that affect their lives. It also enables parents and caregivers to learn how best to communicate and establish good relations between themselves and children in discussions.

(b)The establishment of Most Vulnerable Children Committees and later Women and Child Protection Committees (WCPCs) in District Councils, municipals, wards, town and villages have provided a platform for children in vulnerable situations, especially from rural and remote areas, to participate in decisions that affect their lives.

(c)The dissemination of the Guidelines for establishing Junior Councils at all levels. Children from vulnerable situations are represented in these councils and 1,669 Junior Councils were established. Further, the Junior Council Training Manual was developed in 2019 to strengthen Junior Councils across the country.

(d)The establishment of 127 human rights clubs in primary and secondary schools in nine regions.

(e)The sensitizing of children to report cases of abuse through Child Helpline established in 2013. The Helpline has been a useful tool in promoting respect for the views of the child and 24,225 legitimate calls were made between 2013 and 2018.

70.In Zanzibar, legal and administrative measures were taken to ensure that children’s views are given proper consideration. The Zanzibar Youth Council Act, No. 16 was enacted in 2013 to provide a forum for youth and children to air their views on matters concerning them. Further, 387 Children Councils were established across all Districts. Through these Councils, children have participated in the preparation of the National Child Rights Status Reports, which are submitted annually to the House of Representatives for consideration on 16 June, the Day of the African Child. Further, the National Children Advisory Board (NCAB) was established to supervise and monitor accountability and effectiveness of the Children Councils at District and Shehia level.

71.Regulations adopted under the Child Act in Zanzibar have taken into account the views of the child. The Child Care and Protection Regulations of 2017 provide children with the right to express their views freely in all matters affecting them and to have those views given due weight in accordance with their age and maturity. Foster Care Regulations of 2017, also stipulate respect for the views of the child in placing a child with a foster parent. The Approved Residential Establishment Regulation, 2017 emphasize respect for the child’s views in all decisions affecting children in the residential homes.

5.Civil rights and freedoms

(Articles 7, 8, 13–17; and 37 (a) of the Convention)

5.1Measures taken to increase birth registration

72.The State Party continued to decentralize birth registration to the LGAs, primarily to Ward offices and local health facilities. This was through the amendment of the Births and Deaths Registration Act, Cap 108 vide the Written Laws Miscellaneous Amendment Act, No. 11 of 2019. The result was the creation of 4,817 registration points closer to the community in mainland Tanzania. For all births registered at this level, a handwritten birth certificate is issued free of charge and a computer-generated printed-paper certificate is available through application to the District Executive Director for a small fee. Birth registration for children under five years reached 26.4 per cent in 2018 compared to 14 per cent in 2015/16.

73.In order to cover rural areas in mainland Tanzania, the State Party implemented a programme, in collaboration with stakeholders to register births by mobile phone. Under the programme, the Registration Insolvency and Trusteeship Agency (RITA) registers new births and those of children under five via an SMS-like service that is accessible on any mobile phone. This has made it possible to register children outside of health facilities and children who have never been registered and 13 regions and 86 Councils have been covered. 3,579,355 children were registered as of 20 June 2019. The programme is expected to cover all 26 regions for children under five as well as clear the backlog of children aged 5 to 17 years. RITA also collaborates with the media to educate the public on the importance of birth registration.

74.In Zanzibar, the Civil Status Registration Act, No. 3 was enacted in 2018 to regulate birth registration. The Act created the Zanzibar Civil Status Registration Agency (ZCRSA). This law requires that, immediately after birth or finding of a child, every parent, guardian or a person having charge of a child to immediately notify a registration officer or a sheha for registration of the child. The duty is extended to the Officer In-Charge if birth of a child takes place in a prison, police station, hospital or quarantine area. The ZCRSA has decentralized registration services by establishing registration offices in all 11 Districts in Zanzibar. The ZCRSA has also created an electronic birth registration system that is operational in 3 out of 11 Districts to ensure universal coverage. As of March 2019, 39,089 birth certificates were issued through the electronic system. The goal is to register all births and vital events electronically by 2024/25.

75.Zanzibar continues to take operational measures to improve birth registration in rural areas. These measures include raising awareness in communities on the importance of child registration. In 2018, four radio programmes were broadcast to sensitize parents to register their children at birth. In 2018 a One-day outreach programme was carried out to support late registration of children whereby 200 children were registered.

Table No. 4

Trend of Birth Registration in Zanzibar from 2013 – 2018

District

2013

2014

2015

2016

2017

2018

Total

Female

Male

Female

Male

Female

Male

Female

Male

Female

Male

Female

Male

Kaskazini “ A ”

2 535

1 825

1 917

1 917

1 379

1 513

1 743

1 812

2 456

2 621

1 614

1 594

22 926

Kaskazini “ B ”

970

762

1 025

983

863

879

1 127

1 090

1 654

1 981

905

936

13 1 175

Kati

403

325

434

435

201

211

385

330

564

645

493

491

4 913

Kusini

638

490

802

805

510

460

463

422

812

945

465

456

7 268

Magharibi

1 659

1 430

2 196

2 307

1 683

1 732

2 717

2 608

2 865

3 456

1 005

991

24 649

Mjini

8 850

8 161

12 244

12 451

9 851

10 798

15 605

14 583

16 543

16 734

8 511

8 721

143 052

Wete

1 869

1 724

2 573

2 630

19 291

1 987

2 278

2 199

2 315

2 632

1 870

1 928

43 526

Micheweni

2 211

1 837

2 521

2 684

1 793

1 856

1 513

1 415

1 432

1 500

1 616

1 647

22 025

Chake chake

2 266

2 039

3 019

3 151

2 348

2 086

2 736

2 597

2 546

2 610

2 128

1 967

29 493

Mkoani

2 040

1 699

2 233

2 344

2 247

2 440

2 253

2 315

2 560

2 600

1 718

1 811

26 260

Total

23 441

20 292

28 964

29 707

40 166

23 962

31 020

29 371

33 777

35 724

20 325

20 542

337 291

Source: MoLEEWC 2019 .

6.Violence against children

(Articles. 19, 24, para. 3, 28, para. 2, 34, 37 (a) and 39)

6.1Measures taken to end corporal punishment

76.Corporal punishment remains a judicial punishment in sentences delivered by the Courts and caning continues to be a form of punishment administered in schools. The State Party acknowledges that the process of reviewing the policy, law and guidelines on this form of punishment may require further research and consultation considering current cultural and religious positions on care and upbringing of children.

77.Efforts were taken to ensure that there is no abuse of corporal punishment, which is used in specific prescribed circumstances. In mainland Tanzania, the LCA (Foster Care Placement) Regulations 2012 under Regulation 11(1) (f) requires the promotion of positive discipline and avoidance of humiliating or degrading forms of discipline by foster parents. In Zanzibar, the Criminal Procedure Act, No. 7 of 2018 removed corporal punishment from the list of punishments imposed by the courts following conviction.

78.Other efforts include the inclusion of positive discipline in the teacher-training curriculum and the revision of the Teachers Code of Conduct and Professional Ethics of 1963 to incorporate child protection issues, including abuse and harassment. The Teachers Service Commission (TSC), established in 2015, enforces the Code and sensitizes teachers about the harmful impact of abusing caning as a punishment.

79.A National Parenting Education Training Manual for Families in 2014 was developed which promotes positive, non-violent and participatory forms of child rearing and discipline in all settings. As from 2019, 7,605 parenting skills groups have been established in 132 District Councils in mainland Tanzania whereby 7455 community facilitators have been trained and 110,805 (70,405 women and 40,400 men) parents and guardians have received parenting education. In addition, various parenting programmes have been implemented under the NPA-VAWC 2017–2022. The State Party is piloting the safe schools initiative that addresses violence prevention in schools as part of the child protection system at LGAs level.

Table No. 5

Parenting Groups established by 2019 to provide Positive Education to the Community

Regions

Parenting Groups Established

Parenting Groups providing positive parenting Education

Arusha

111

110

Geita

9

6

Kagera

5

18

Kigoma

156

148

Kilimanjaro

13

113

Mara

144

144

Morogoro

8

8

Mwanza

479

266

Pwani

5

5

Rukwa

141

141

Ruvuma

341

121

Shinyanga

20

28

Simiyu

38

38

Songwe

190

190

Dar Es Salaam

29

38

Mbeya

978

978

Tanga

45

22

Tabora

65

10

Total

2 777

2 384

Source: PO-RALG .

80.Teachers in both mainland Tanzania and Zanzibar were trained on positive discipline measures and guidance and counseling to children affected by violence. Further, in mainland Tanzania, in collaboration with the Inter-Religious Council for Peace Tanzania, the “Inter‑Faith Guide to Child Protection was developed. The guide promotes non-violent ways of disciplining children has been rolled out to 150 religious leaders through District Inter‑Faith Fora.

81.In Zanzibar, teachers were trained to use positive discipline instead of corporal punishment and issued with special guidelines. Moreover, the Government conducted community theatre performances to create awareness of violence against children in 64 Shehias whereby 112,656 people, including 88 religious leaders, were sensitized.

82.The State Party understands that ending corporal punishment in all settings is an incremental and progressive process due to cultural and religious values.

6.2Abuse and neglect

83.Adequate human, technical and financial resources are vital in addressing abuse and neglect of children. Therefore, deliberate measures were taken to expand the workforce and as of September 2019, there were 742 Social Welfare Officers (SWOs) across all regions in mainland Tanzania which was still a shortage of 22,562 SWOs. The State Party has made efforts to bridge this gap by using 4,279 Para Social Workers (PSWs) and 18,160 Community Case Workers (CCWs).

84.The State Party has prioritized child protection issues in its plans and strategies. The Ministry of Finance and Planning instructed all Local Government Authorities (LGAs) to budget for implementation of the NPA-VAWC. Therefore, LGAs included child protection initiatives, including against abuse and neglect in their Medium Term Expenditure Framework budgets. Further, all LGAs were trained on child protection budgeting from internally generated revenue.

85.In mainland Tanzania, a comprehensive child protection system was established under NPA-VAWC 2017–2022. Furthermore, capacity building on child protection, including against abuse and neglect, was held in 18 regions and 68 districts. In Zanzibar, the implementation of the NPA-VAWC 2017–2022 resulted in the establishment of child protection systems in all Districts and Shehias.

Table No. 6

Abuse and neglect cases reported and monitored by child protection units in Zanzibar from 2015 – 2019

Incidence of abuse/neglect

2014 – 15

2015 – 2016

2016 – 2017

2017 – 2018

2018 – 2019

85

272

1 184

571

406

Source: MoLEEWC 2019 .

86.To improve the reporting of domestic violence cases, the State Party developed a comprehensive Child Protection Management Information System (CPMIS) which started operating in 2016 and works in 46 councils. CPMIS is composed of the District Case Management Monitoring System, the Police Gender and Children Desk and the National Child Helpline. CPMIS has standard data collection forms for reporting cases, preparing case reports, documenting actions taken and handling of referral requests/feedback between District Child Protection Team (DCPT) members and relevant service providers. In 2018, the system handled 1,524 cases and in August 2019, the system reported 1,059 cases. In Zanzibar, under the NPA-VAWC, each district established child protection units which collect data relating to children and transfer it to the central Child Protection Unit at the MoLEEWC. This has greatly improved data collection.

87.The State Party tool several steps to establish community-based programs to prevent and tackle domestic abuse of children. Women and Child Protection Teams operating at the grassroots level adopted participatory community development approaches that empower the community to view domestic abuse as a hindrance to development. Further, community development colleges mainstreamed child protection courses in their curricula.

88.The National Child Helpline was created in mainland Tanzania in 2013 to ensure that children have access to child-friendly, accessible and confidential mechanism to report abuse which is operated by C-Sema, a local implementing partner. In Zanzibar, the child helpline was established in 2015 and is operated by the MoLEEWC. The Helpline is a toll-free telephone service accessed by dialing 116 which facilitates reporting by children and other community members on cases of violence against children. In Zanzibar, 475 calls were made in 2016/17 out of which 18 genuine calls were referred. In 2017/18, 570 calls were made of which 31 cases were referred.

Table No. 7

Calls recorded in mainland Tanzania from 2013 – 2019

Call Recorded on VAC

2013

2014

2015

2016

2017

2018

Jan – June 2019

Total

Mainland

Legitimate

1 510

1 584

493

441

1 072

18 672

453

24 225

Non-Legitimate

13 115

26 780

22 816

18 563

17 392

1 827

4 852

105 345

Sub-Total

14 625

28 364

23 309

19 004

18 864

20 499

5 305

129 570

Source: MoHCDGEC 2019 .

Table No. 8

Calls Recorded in Zanzibar from 2016 – 2019

2016/17

2017/18

2018/19 (Jan – June)

Total

Calls Recorded on VAC

475

570

605

1 650

Legitimate Calls

18

31

54

103

Non-Legitimate Calls

457

539

551

1 547

Source: MoLEEWC 2019 .

89.Awareness was raised on the Child Helpline through airing of the Walinde Watoto radio programme as well as publication of Malezi feature articles on child protection issues by guest writers in the widely circulated Mwananchi newspaper. The Tanzania Journalists for Children Association engaged in several media dialogues on the Helpline and child protection. In addition, several outreach activities were held with school-going children to raise awareness on identification and reporting of abuse cases via the Helpline. Furthermore, the Internet Watch Foundation Reporting Portal was launched in 2017 as a mechanism for combating online abuse. The portal enables internet users to report online images and videos of child abuse. In Zanzibar, 56 outreach programs were organized to raise awareness to children on the utilization of the Child Helpline.

6.3Sexual exploitation and abuse

90.To combat sexual exploitation in schools, the State Party took measures to widely disseminate the National Child Protection Guidelines to Primary and Secondary Schools. The guidelines promote a safe learning environment by requiring schools to play an active role in preventing and responding to all forms of child harassment, abuse, neglect and violence. Furthermore, the Teachers’ Code of Conduct and Professional Ethics of 1963 was revised to address issues of sexual exploitation and abuse in schools. The Teachers Service Commission has taken several measures to enforce the Code through disciplinary measures against unethical behavior by teachers in public service. Efforts were also made to educate teachers in the public sector on compliance with the Public Service Regulations 2003, which prohibit public servants from engaging in sexual relationships at the workplace.

91.Guidelines, Procedures and Manuals were prepared and implemented to ensure that victims of sexual exploitation and abuse have access to recovery mechanisms in accordance with the management of child victims using national medical management protocols. These include national guidelines for the Setting up and Management of One Stop Centres in Health Facilities of 2013, Police Force Standard Operating Procedures on Gender Based Violence and Violence Against Children of 2012, the National Guidelines for the Management of HIV and AIDS of 2017, Revised Training of Trainers Manual to Provide Updated Guidance to Trainers of Health Care Providers and Social Welfare Officers on the Provision of Effective and Comprehensive Services to Gender Based Violence and Violence Against Children Survivors of 2017 and the Zanzibar National Guidelines for the Provision of Pyscho-Social Support for GBV Survivors of 2019.

92.In mainland Tanzania, 13 One-Stop Centers in nine regions were established while in Zanzibar seven One-Stop Centres were established. The Centres provide comprehensive services to GBV survivors including screening, Post Exposure Prophylaxis (PEP), counselling and legal aid services. In 2016/17 1,669 survivors were supported while in 2017/18 the number rose to 1,973. Moreover, a safe shelter was established for GBV survivors. In 2016/17, it received and protected 24 survivors while in 2017/18, 33 GBV survivors received shelter.

93.To combat violence against children, efforts were made to strengthen Gender and Children Desks at police stations in mainland Tanzania and Zanzibar. The number of desks increased from 417 in 2012 to 420 in 2018 in mainland Tanzania while in Zanzibar, 37 Police Stations have gender and children desks. The increased number of desks resulted in increased number of reported cases of violence and abuse to children. In 2018 alone, 14,419 cases were reported which is a 7.7 per cent increase from 13,457 cases reported in 2017. Capacity building for officers operating Police Force Gender and Children Desks (PF-GCD) on violence against children and sextortion was conducted during the implementation of the Police Force Gender and Children Desk Action Plan 2013–2016 and the development of the Police Force Gender and Children Desks Action Plan 2017–2020. In Zanzibar, Child Protection Units at District and Shehia levels worked closely with PF-GCD to combat violence against children. Further, in both mainland Tanzania and Zanzibar, one police officer was posted to each One Stop Centre to facilitate easy delivery of services to victims of exploitation and abuse.

94.To address the stigmatization of child survivors of sexual violence and abuse, efforts were made to raise awareness of children, caregivers, parents and the community through campaigns, trainings, brochures, flyers, workshops and seminars. In Zanzibar, Child and Women Protection Committees prepared annual action plans outlining strategies to fight GBV and VAC, including issues of sexual violence and abuse. Furthermore, a total of 7,000 brochures on behavior change and mindset on prevention and responses to violence were prepared and disseminated and 360 radio and TV programs on behavior change aired from 2017 to 2018.

95.In Zanzibar, special guidelines dealing with GBV cases were prepared and applied by the police during investigation. The office of the Director of Public Prosecutions (DPP) developed a comprehensive prosecution manual for children’s cases to provide best techniques in handling children’s cases. The DPP h also established a special unit responsible for children’s cases, which is technically empowered to handle sexual violence cases. The Police, the DPP and the Judiciary collaboratively handle children cases. Frequent trainings and consultations were conducted to improve the capacity of juvenile justice actors. In mainland Tanzania, the office of the National Prosecutions Service issued a guideline to expedite investigation and prosecution of cases involving children.

6.4Harmful practices

96.The State has explained measures taken to address child marriage in paragraphs 83, 84, 85 and 86 above.

97.The State Party disseminated laws relating to Female Genital Mutilation (FGM) to frontline professionals in the fight against FGM. Similarly, efforts were taken to disseminate provisions of the Law of the Child Act, Cap 13 in a simplified manner through trainings, workshop, seminars and the media. Advocacy campaigns involving influential and religious leaders to promote positive norms and values were also held. “Ngariba” (those who perform FGM) were sensitized on the negative impact of the practice and are actively involved in the fight against FGM.

98.Another measure taken to address harmful norms and values in mainland Tanzania is dissemination of the Integrated Communication and Outreach Strategy that supports implementation of the National Plan of Action to end Violence against Women and Children (NPA-VAWC) 2017–2022. The Strategy advocates the uses of community dialogues to develop key messages on violence against women and children (VAWC) and disseminates them through different channels of communication in compliance with community cultural context. Key messages on abolishing FGM were disseminated in areas with high FGM prevalence of mainland Tanzania.

99.In order to investigate and prosecute FGM cases promptly, the State Party strengthened the capacity of police officers and prosecutors on subjects like forensic evidence on GBV and VAC cases.

100.TheState Party also collaborated with stakeholders to safeguard girls at risk through fit persons and family arrangements or by offering temporary shelter to girls at risk of undergoing FGM.

101.Following the end of the National Plan of Action to Accelerate the Elimination of Female Genital Mutilation and Other Harmful Traditional Practices in Tanzania (2001–2015) in mainland Tanzania, the State Party prepared the National Anti-FGM Strategy and Implementation Plan 2019–2023. The Strategy is designed to accelerate the implementation of NPA – VAWC 2017/18–2021/22 by drawing attention to the norms and values thematic area. The Anti-FGM Strategy accelerates Government and stakeholder efforts to eliminate FGM and responds to the needs of those already affected. This effort reaffirms Tanzania’s commitment to achieve the SDGs specifically SDG 5.3, the African Agenda 2063 and the implementation of the National Five Year Development Plan of 2016/17–2020/21.

102.The State Party engaged in widespread public education campaigns to increase awareness and encourage discussion on the negative consequences of FGM and other harmful practices. This included a three-day national dialogue to end FGM, child marriage and teenage pregnancies in the run-up to the International Day of the Girl Child in 2018. Religious leaders, traditional leaders, those who perform mutilations, Regional Commissioners, children, parliamentarians, CSOs and academicians attended the dialogue. In addition, international and regional commemoration days have been used as a platform to create awareness among the public through numerous activities. These include Zero Tolerance of FGM Day, International Women’s Day, the Day of the African Child, International Day of the Girl Child and Sixteen Days of Activism against GBV.

103.At the regional level, the East African Community Female Genital Mutilation Bill of 2016 was passed to promote harmonization of laws, policies and strategies to end FGM across the region. Pursuant to this, the State Party participated in a regional inter-ministerial forum to strengthen coordination and cooperation to eliminate cross-border FGM among East African Countries held in Kenya in 2019.

104.The State Party continues to address challenges to eliminate harmful practices including FGM. These challenges include the prevalence of norms and cultures that support FGM, the difficulty of proof before courts of law due to the secrecy surrounding the practice, the fear of witnesses to come forward and testify and insufficient victim support systems due to human, technical and financial resources and corruption.

6.5Freedom of the child from all forms of violence

105.The State party is one of the Path finding Countries in the Global Partnership to End Violence against Children. Comprehensive strategies developed to address all forms of violence against children in mainland Tanzania are captured in the National Plan of Action to End Violence against Women and Children of 2017–2022 (NPA –VAWC) and National Plan of Action to End Violence against Women and Children of 2017–2022 in Zanzibar.

106.The overall coordination of the NPA-VAWC for Zanzibar and mainland Tanzania rests with the MoLEEWC and MoHCDGEC respectively. In mainland Tanzania, coordination is by the National Protection Steering Committee (NPSC) which is an inter-ministerial organ under the leadership of the Permanent Secretary from the Prime Minister’s Office. It is composed of Permanent Secretaries from several Ministries and representatives from Development Partners and CSOs. The NPSC meets biannually and provides overall policy guidance and coordination during implementation of the NPA-VAWC.

107.In Zanzibar, the National Committee on Violence Against Women and Children (NC-VAWC was established. It is the highest national level coordination mechanism mandated to supervise the implementation of the Zanzibar NPA-VAWC. The Committee is chaired by the Minister responsible for Legal Affairs and co-chaired by the Minister responsible for Women and Children. It is composed of the Principal Secretaries, Commissioners and Directors from relevant Government Ministries and departments. It meets bi-annually to review and report on progress in the implementation of the NPA-VAWC. The Committee provides regular reports to the Revolutionary Council of Zanzibar.

108.Efforts taken to address the gender dimension of violence include the formulation of single comprehensive framework to address violence against women and children in NPA –VAWC for both mainland Tanzania and Zanzibar.

109.The State Party cooperates with United Nations institutions, development partners and CSOs to address violence against children, which have provided financial and technical support to implement the NPA-VAWCs.

7.Family environment and alternative care

(Articles 5, 9–11, 18, paras. 1 and 2, 20, 21, 25 and 27, para. 4)

Children deprived of a family environment

110.Efforts were taken to strengthen and support biological families to effectively care for their children through family strengthening programmes that address circumstances such as extreme household poverty, HIV/AIDS, abandonment, poor parenting skills, disability, neglect, exploitation and abuse that force children to live outside their biological families. Measures taken include efforts to address poverty through social protection systems to improve income security. This includes the Productive Social Safety Net Programme under the Tanzania Social Action Fund (TASAF). Up to March 2018, the total number of direct beneficiaries was 5,222,309, of whom 38.7 per cent were children of school age (6 to 18 years), and 17.8 per cent were children between 0 and 5 years. Further, in Zanzibar, the State Party, in collaboration with stakeholders, set up a special budget under the MoLEEWC to support poor families. A sum of TZS 20,000/ was paid monthly to each poor family as well as family that had given birth to triplets for a period of two years.

111.Efforts continued to ensure that children’s homes comply with the children’s home regulations on proper registration in mainland Tanzania and Zanzibar. As of August 2018, there were 156 registered homes and 205 unregistered homes housing 13420 children. Further efforts were undertaken to ensure that all children homes were registered, certified and licensed. In 2018, the State Party, in collaboration with stakeholders, conducted a situational analysis of children living in residential care in mainland Tanzania. The assessment recommended scaling-up of family-based alternative care, regular monitoring, inspections and supervision to ensure compliance with laws guiding children homes, discouraging placement of children in unregistered residential care homes and preparation and execution of exit strategies. The recommendations are at various stages of implementation.

112.The legal frameworks governing out-of-home placements in both mainland Tanzania and Zanzibar established mechanisms for independent monitoring, review and inspection of both family-based care and children’s homes. In mainland Tanzania, the Commissioner for Social Welfare inspects children homes with regard to standards of treatment, care and protection and facilities. Social Work Officers conduct inspections at least once every six months in their respective Districts. In both mainland Tanzania and Zanzibar, welfare committees have been established to independently monitor each children’s homes compliance with the set standards. Children’s homes also report monthly to the Commissioner for Social Welfare for monitoring purposes.

113.Both residential and children homes in mainland Tanzania and Zanzibar developed accessible channels through which children report all forms of violence. All complaints are reported to the manager or appropriate authority and all homes maintain a ‘complaints register’ that records all incidences of violation of regulations on institutionalized children care. Legal and administrative actions have been taken in cases of violations including de‑registration of homes. In 2016, Zanzibar conducted a rapid assessment of children living in residential care which revealed non-compliance with the regulations, particularly with regard to inhumane treatment, taking children without the approval of the Department of Social Welfare and lack of skilled workers. In response, the Government banned all the existing 11 children homes from receiving more children. In addition, unregistered homes are closely monitored on their compliance with existing regulations before being registered. The State Party, however, acknowledges challenges concerning the monitoring, review and inspection of informal family-based alternative care due to unavailability of adequate information and resources. Children cared for informally are not registered and hence not known to Social Welfare Officers.

114.In order to reduce institutionalization of children, legal and administrative measures were taken to support and facilitate family-based care. To reinforce the legal framework, the State Party was developing the process of adopting Fit Persons Guidelines under the Law of the Child Act, Cap 13 to guide the Fit Persons Scheme. The Department of Social Welfare in mainland Tanzania developed a training manual for Fit persons in 2019 and 430 fit persons were identified and trained in 34 Councils. A total number of 662 children were placed under the fit person’s scheme. National Guidelines on Child Reintegration with families were also prepared which domesticate the set of International Guidelines developed by the Inter-agency Group on Children’s Reintegration in 2016.

Table No. 9

Children reunified with their families in Zanzibar

2013

2014

2015

2016

2017

2018

F

M

F

M

F

M

F

M

F

M

F

M

Mazizini

4

5

5

11

7

6

7

4

6

10

18

6

Sos

3

0

2

4

0

0

1

7

0

0

0

0

Islah

0

0

0

0

0

0

1

0

0

-

-

-

Fysabililah

-

-

-

-

-

-

-

-

-

-

-

-

African Muslim Agency

-

-

-

-

-

-

-

-

-

-

-

-

Montessori

4

4

3

4

1

1

2

3

0

0

0

1

Total

20

29

15

25

16

25

Source: MoLEEWC .

115.The State Party conducted a de-institutionalization assessment to measure the adequacy of exit strategies in children homes.

116.The State Party also established a National Parenting Task Force in 2015 that coordinates actions and an intervention on family care programmes and harmonized training materials on parenting education. A National Parenting Agenda to promote responsible parenting and family care was launched in 2019 that mobilizes readiness in communities to develop a positive environment for children.

117.In mainland Tanzania and Zanzibar, parenting, family support and relationship is one of the thematic areas of the NPA-VAWC that addresses violence against women and children. Hence, a Parenting Education Training Manual was developed to impart positive parenting skills among parents and guardians.

8.Disability, basic health and welfare

(Articles 6, 18 (para. 3), 23, 24, 26, 27, (paras. 1–3) and 33)

8.1Children with disabilities

118.Measures were taken to strengthen the implementation of laws and policies concerning children with disabilities. The National Disability Mainstreaming Strategy2010–2015 was implemented effectively and several milestones were attained including the development of the Guidelines on Early Identification and Interventions for Children with Special Needs in 2013.

119.Furthermore, the Inclusive Education Strategy (IES2012–2017) was reviewed. The new strategy (IES 2018–2021) has a goal to ensure that all children, including those with disabilities in mainland Tanzania, have equitable access to quality education in an inclusive environment. The Implementation plan for the strategy was developed in 2019 in collaboration with inclusive education stakeholders. In Zanzibar, the Inclusive Education Policy of 2010 was prepared and was awaiting cabinet endorsement.

120.Nevertheless, the implementation of programmes under the Education Sector Development Plan (2016/17–2020/21) financed by the education sector budget promotes inclusive education. The State Party, based on the availability of funds, is ensuring that facilities for special needs education are procured. Other inclusive education budgetary components are covered in other Ministries such as health and infrastructure. In addition, various stakeholders supported the implementation of the Inclusive Education Strategy. In 2018/19, the State Party proposed a new formula for calculating Capitation Grant for students with a disability as one measure of supporting inclusive education funding.

121.Specific measures were taken to expedite the availability of the necessary infrastructure to accommodate children with different disabilities in public places. In this regard the State Party, through the Tanzania Building Agency (TBA) issued directives to all contractors to ensure all constructed buildings have the necessary infrastructure to support persons with disabilities which include children. All Districts Councils have been given the same directives. Further, the Tanzania Rural and Urban Road Agency (TARURA) put up road signs that assist children with disabilities in most public roads.

122.To challenge negative cultural norms about children with disabilities, the State Party raised public awareness through interventions outlined in the NPA-VAWCs in collaboration with organizations advocating for the rights of persons with disabilities like the Tanzania Federation of Disabled People’s Organizations (SHIVYAWATA). Moreover, the State Party commemorates and marks major international and regional days on disability such as the Disability Day, the White Cane Day, the World Braille Day, the International Albinism Awareness Day and World Down Syndrome Day. Various activities and community awareness programmes are done both at national and subnational levels to increase people’s awareness about the exclusion and stigmatization of children with disabilities in all settings.

123.The establishment of schools with special needs units was aimed at addressing the exclusion and stigmatization of children with severe disabilities in school settings. In mainland Tanzania, between 2013 and 2018, the number of schools with special needs units increased from 377 to 561 in 144 local Government authorities. In addition, 2,485 mainstream schools in all 184 local Government Authorities accept students with disabilities. The number of special needs teachers reached 3,246 in 2019 of which 967 teachers educate children with autism and mental impairments.

Table No. 10

Enrolment of students with disabilities in Mainland Tanzania 2013 – 2018

Sex

Years

Total

2013

2014

2016

2017

2018

Boys

15 000

12 000

20 000

23 000

19 962

89 962

Girls

13 000

9 000

15 000

17 000

27 646

81 646

Total

28 000

21 000

35 000

40 000

47 608

171 608

Source: BEST 2017 & 2018 .

Table No. 11

Enrolment of pre-school children with disability in Zanzibar 2013 – 2018

Sex

Years

2013

2014

2015

2016

2017

2018

Boys

248

259

348

3 416

4 388

3 502

Girls

187

230

281

3 818

4 681

6 404

Total Enrolment

435

489

629

7 234

9 069

9 906

Source: MoEVT .

124.In Zanzibar, the focus was on eliminating disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities. They concentrate on building and upgrading education facilities that are child, disability and gender-sensitive and provide safe, non-violent, inclusive and effective learning environments for all.

125.The State Party has continued to support the National Council for Persons with Disabilities. The Council established People with Disability Committees (PWD) in all 26 regions, 130 councils, 5024 villages and 2284 towns in mainland Tanzania. These Committees play a significant role in grassroots community sensitization on disability.

8.2Health and health services

126.The State Party has progressively increased the health budget allocation to ensure increased access to quality health services and availability of sufficient health workers in rural and urban areas. In mainland Tanzania, the health sector budget increased to 3.5 per cent of GDP in 2015/16. In 2017/18, the health sector was allocated 2.22 trillion, equivalent to a 34 percent nominal increase from 2016/17. The health budget accounts for 7 per cent of the national budget and 1.8 per cent of the GDP. Similarly, in Zanzibar, the health budget increased from 6.9 per cent of the GDP in 2013/14 to 7.7 per cent in 2018/19. With regard to human resource, additional health workers were recruited whereby in 2018/19 alone, 8,071 health workers were employed in mainland Tanzania with 6,180 were posted to local government authorities and 1,891 to public health facilities.

127.To ensure the availability of trained health workers, the State Party increased the number of enrolled students in health colleges from 16,214 in 2017 to 18,539 in 2018. For two years consecutively, it has surpassed its annual enrolment target of 15,000. By, 2019, enrolment was at 123.6 per cent. Similarly, the State Party granted sponsorships to 311 medical doctors worth TZS 2 billion.

128.The State Party implemented the Direct Health Facility Financing (DHFF) programme from 2018 in all district councils in mainland Tanzania. The programme aims to implement fiscal decentralization in the health sector while fostering health services improvement. The goal of the program includes improving the structural quality of maternal and child health services.

129.Progress was made with regard to the establishment of child and maternal health clinics, access to safe and trained delivery services and availability of trained health workers with the necessary equipment. To reduce distances for pregnant mothers, the number of health facilities in mainland Tanzania increased from 6,645 in 2013 to 8,119 in 2018. In Zanzibar, the number increased from 153 in 2013 to 177 in 2018. The increase has improved the availability of health services in rural areas. In 2016, the number of births delivered in health facilities reached 66 per cent and 63 per cent in 2016 for Zanzibar and mainland Tanzania respectively. This represents a 50 per cent increase compared to the data in 2010 TDHS. In addition, more than half of all births (64 percent) were assisted by health professionals in the 2015–16 TDHS-MIS compared to 51 per cent in the 2010 TDHS. With regard to medical equipment and supplies, the State Party rehabilitated and equipped 352 primary health facilities to perform Comprehensive Emergency of Obstetric and Newborn Care (CEmoNC). Similarly, medical supplies such as Depo-Provera vials, microvalsnorplant, intrauterine contraceptive device, microgynon, oxytocin injection vials and magnesium sulphate vials were distributed to health care facilities.

Table No. 12

Health facilities-mainland Tanzania, 2013 – 2018

Year

Number of Health Facilities

2018

8 119

2017

7 678

2016

7 400

2015

7 429

2014

6 969

2013

6 645

Source: National Bureau of Statistics – Economic Survey Book 2018 .

130.In Zanzibar, the Kangaroo Mother Care (KMC) intervention was introduced in five hospitals and supportive supervision, mentoring and coaching of staff undertaken regularly. Medical staff were trained on the provision of Basic Emergency Obstetric and Newborn Care (BEmONC) services at Primary Health Care Units (PHCUs). Furthermore, 42 primary health care units were strengthened in terms of logistics, procurement of equipment, drugs and supplies, renovation and deployment of the required staff. Guidelines and strategies were developed such as the Zanzibar Reproductive, Maternal, Newborn, Child and Adolescent Health Strategic Plan 2019–2024 and the National Antenatal Care Guidelines which recommend that pregnant women attend eight antenatal clinic visits instead of the four visits outlined in the previous Antenatal Care Guideline (FANC) 2015.

131.Various programs to improve reproductive and child health care were implemented to reduce infant and under-five mortality rates. Pregnant women were mobilized to attend antenatal clinics which led to an increase in the number of pregnant women attending clinics until the fourth antenatal care visit from 42 per cent in 2016 to 46 per cent in 2017 and those who received IPT2 (Intermittent Preventive Treatment) to prevent malaria increased from 60.4 per cent in 2016 to 65.9 per cent in 2017. The TDHS-MIS 2015–16 indicates that Tanzania has made significant strides in reducing child mortality, as evidenced by the reduction of Infant mortality from 51 to 43 deaths per 1,000 live births during the 2006–2015 period. Further evidence shows that the under-5 mortality rate declined from 81 to 67 deaths per 1,000 live births between 2006–2010 and 2011–2016. This decline in is attributed to continued improvement in the health sector, especially in the areas of maternal and child health, with specific references to vitamin A supplementation, immunization and malaria prevention initiatives. For instance, the State Party implemented a campaign to reduce maternal and child mortality inaugurated by the Vice President in 2018.

132.The State Party is committed to improving the nutrition status of children as indicated in the Five Year Development Plan II 2016–2021 which contains key nutritional targets to improve maternal, infant and young child feeding practices. In mainland Tanzania, a National Multi-Sectoral Nutrition Action Plan (NMNAP) 2016–2021 was developed and operationalized. The Government also committed to increasing expenditure on nutrition by instructing all Local Government Authorities to budget TZS 1,000 per child to cover interventions for Under Five Child Health Nutrition services at the community level. Although the funding is still low compared to overall Government expenditure, measures have been taken to prioritize funding in regions with higher levels of stunting and chronic malnutrition. Further, capacity building trainings for 87 per cent of all district nutrition officers and 60 per cent of regional nutrition officers was conducted. All districts and regions in mainland Tanzania have established Regional and Council Multisectoral Steering Committees on Nutrition (R &CMSCN).

133.To operationalize the national nutrition strategy, the State Party collaborated with stakeholders and launched the Addressing Stunting in Tanzania Early (ASTUTE) project in 2017. The project goal is to reach 3,000,000 mothers and prevent stunting in 50,000 children thereby reducing stunting prevalence in children under five years by at least seven per cent in five target regions surrounding Lake Victoria. The implementation of the project seeks to ensure increased knowledge and awareness on the importance of nutrition in the first 1000 days among pregnant women, caregivers and the community. Optimal nutrition behavior in the first 1000 days includes proper maternal nutrition, exclusive breastfeeding for six months and appropriate complementary feeding.

134.To reduce stunting by accelerating the implementation of the National Multi-Sectoral Nutrition Action Plan (NMNAP) 2016–2021 at the sub-national level, the State Party, through the President’s Office-Regional and Local Government (PO-RALG) signed a Nutrition Compact (2018–2021) with all 26 Regional Commissioners. The Compact is an accountability tool for nutrition at the district and regional level. The PO-RALG with support from UNICEF monitored the implementation of the Compact in terms of planned versus actual expenditure on nutrition, and progress towards the NMNAP results in the 26 regions.

135.In 2018, the State Party conducted the National Nutrition Survey in 26 regions in mainland Tanzania and five regions in Zanzibar. The survey revealed that between2014–2018 stunting among children under five years was reduced from 34.4% to 31.8%. Vitamin A coverage also stabilized with 97.2 per cent (8,015,463 children) in July 2018 and 97 per cent (8,305,565 children) in December 2018 of all children aged between 6 to 59 months receiving Vitamin A.

136.In Zanzibar, the State Party launched the Multi-Sectoral Nutrition Action Plan 2019–23 which coordinates government efforts in providing nutritional needs to children.

137.To improve access to safe drinking water and adequate sanitation for all, the State Party continued to implement the National Water Policy 2002 through various programmes such as the Water Sector Development Programme (WSDP) II 2014/15–2018/19. Budget allocation to the water sector increased between 2007 and 2018. The State Party allocated and spent 1,364 million USD to finance WSDP I (2007–2014) while WSDP II will cost 3,275,386 million USD. The TDHS-MIS 2015–16, showed that nearly nine out of ten urban households (86 per cent) in mainland Tanzania obtain drinking water from improved water sources. Nevertheless, this percentage dropped to 78 percent in 2017. The drop is attributed to increased urban population. The State Party is currently implementing projects to improve water supply infrastructures to reduce water wastage. In Zanzibar, nearly all households (98 per cent) obtain drinking water from improved water sources, compared to 80 percent in 2010.

138.The State Party continued to implement rural water projects through the Water Sector Development Program II. As of December 2018, construction of 1659 water infrastructure projects were completed, and 482 projects were at different levels of construction. These projects include the rural water supply and sanitation project, expansion and rehabilitation of water infrastructure projects. During that period 131,370 water points were constructed capable of serving 32,842,500 people, equivalent to 83.9 percent of the rural population. Out of those, 86,780 water points are operational serving 25,659,290 people, equivalent to 64.8 per cent.

139.The use of improved non-shared toilet facilities increased from 13 per cent in 2010 to 19 percent in 2016. In 2018, 45.7 per cent of households had improved toilet facilities. The percentage of households lacking toilets declined from 96 percent in 2005 to 65 per cent in 2016. Households with hand washing facilities (water and soap) increased to 19.5 per cent in 2019 compared to 14.5 per cent in 2018.

140.Recognizing the importance of the availability of safe drinking water, dignified sanitation and appropriate hygiene practices in schools; the Government developed National Guidelines for Water, Sanitation, and Hygiene (WASH) in Schools in 2016. This was followed later that year with the development of School WASH Guidelines for Zanzibar. The two Guidelines are comprehensive documents that articulate the standards for a full package of school WASH including infrastructural facilities (sex-separated toilet blocks), development of safe drinking water supplies, installation of group hand washing stations and special rooms for menstrual hygiene management for adolescent girls). The guidelines also provide for the establishment of school WASH clubs to learn about improved hygiene practices disseminated through peer interaction. In collaboration with stakeholders, the State Party is implementing a programme on school WASH improvements whereby several schools were provided with a full package of school WASH facilities. Availability of sanitation facilities for children in schools (primary and secondary) improved by 10.3 per cent from 238,373 facilities in 2016 to 263,856 facilities in 2017.

141.The provision of WASH in healthcare facilities is a priority of the State Party. The National Water, Sanitation and Hygiene in Healthcare Facility Guidelines was developed in 2017 which provide a framework to guide WASH developments in healthcare facilities to curb hospital acquired infections caused by inadequate or absent WASH facilities. In recognition of high incidences of sepsis, which contributes to the high maternal and neonatal morbidity and mortality, the guidelines emphasize protocols for use in prenatal, delivery, and postnatal wards.

142.Various WASH projects have been implemented under the National Environmental Health, Hygiene and Sanitation Strategy (2008–2017), the National Sanitation Campaign Implementation Guidelines 2014 and the National Strategic Plan for School, Water, Sanitation and Hygiene (SWASH) 2012–2017. These projects have improved latrines and wash facilities in schools, health facilities and market areas. A good example is a national campaign titled “Usichukulie Poa Nyumba ni Choo” which raised awareness on the problem of open sanitation. 617,100 households upgraded their toilet facilities or constructed new ones and 305,724 households built designated places for hand washing. In Zanzibar, in collaboration with UNICEF, the State Party from 2013/14 to 2017/18, constructed toilets and installed water facilities to 39 schools.

143.The State Party continued to mainstream a human rights approach in formulation and implementation of policies, strategies and programs relating to reduction and elimination of preventable mortality and morbidity of children under five years of age. The State Party has regularly sought technical assistance from the office of the Office of the High Commissioner for Human Rights, UNICEF, WHO, other Developing Partners.

8.3HIV/AIDS

144.The State Party intensified efforts to prevent mother-to-child HIV transmission through counseling, testing, and offering antiretroviral (ARVs). Prevention of Mother to Child Transmission (PMTCT) services are now available in 96 per cent of reproductive health centers in mainland Tanzania leading to high levels of testing and treatment as shown below.

Table No. 13

Women and children tested for HIV

Pregnant Women

Children

Year

2017

2018

2017

2018

Number tested

1 967 260

2 196 000

72 960

54 840

% tested

98.7

97.2

92

70

Number HIV +

79 242

78 238

2 918

1 865

% +

4

4

4

3.4

Source: MoHCCGEC .

145.99.9 percent of HIV-positive pregnant women were given antiretrovirals. It is estimated that HIV transmission from mother to child decreased to 4.9 per cent in 2017 from 12 per cent in 2011. The State Party is therefore on track to attain the goal of reducing mother‑to-child HIV transmission to less than 2 percent in 2021. These achievements were largely due to the implementation of strategies and plans related to HIV prevention like the third Health Sector HIV and AIDS Strategic Plan 2013–2017, third National Multi-sectoral Strategic Framework for HIV/AIDS 2013/14–2017/18 and the fourth Health Sector HIV and AIDS Strategic Plan of 2017–2022.

146.In Zanzibar, provision of Prevention of Mother to Child Transmission (PMTCT) services expended from 159/164 (97 per cent) in 2015 to 168/171 (98 per cent) in 2017. The percentage of pregnant women receiving Antiretrovirals (ARVs) increased from 51.9 per cent in 2015 to 87.7 per cent in 2017. To strengthen the provision of PMTCT services, a Guideline on Prevention and Treatment of HIV/AIDS was developed in 2017 that lays down the procedures and technicalities for provision of PMTCT services. Similarly, the Zanzibar National HIV and AIDS Strategic Plan III (2016–2021) on HIV and AIDS was developed to scale up coverage and quality of services to meet the 90-90-90 targets.

147.Zanzibar also implemented a mother-mentors approach by which people living with HIV/Aids (PLHIV) from the Zanzibar Association of People Living with HIV/AIDs (ZAPHA +) are attached to health facilities with a high number of HIV positive women. The mentor makes follow-up of the mother and infant for early initiation of ARVs, and helps in disclosure, adherence and early infant testing. Special adolescent clinics and treatment centers were introduced in 2017 to provide HIV care and treatment free of charge. Adolescents clubs were also introduced to disseminate awareness about sexual and reproductive health among peers and to provide counseling services.

8.4Adolescent health

148.Legal and administrative measures to address sexual reproductive health (SRH) challenges among adolescents were made. The State Party adopted the National Roadmap Strategic Plan to Improve Reproductive, Maternal, Newborn, Child and Adolescent Health 2016–2020, the National Adolescent Health and Development Strategy 2018–2022, the Health Sector HIV and AIDS Strategic Plan (HSHSP IV) 2017–2022 and the National Family Planning Costed Implementation Program 2010–2015. The operationalization of the plans has resulted in interventions aimed at raising awareness on SRH to prevent HIV/AIDS and other Sexually Transmitted Diseases (STIs) and reducing teenage pregnancy. Zanzibar implemented the Multi-Sectoral Strategic Framework for HIV and AIDS III (2013/14–2017/18). One of the interventions is the provision of quality comprehensive sexuality and life skills education in primary, secondary and tertiary education institutions through the core curriculum. HIV/AIDS issues have been mainstreamed into the syllabus from primary to ordinary secondary school to reduce teenage pregnancies and subsequently, maternal death relating to teenage abortions.

149.In Zanzibar, the Adolescent and Reproductive Health Strategy 2014–2018 was developed to guide service provision for adolescent health at Youth Friendly Services Centers. Services provided include information and counseling on reproductive health, sexuality and safe sex, testing services, focused antenatal care, care during childbirth, postnatal care and post abortion care. There are 11 Youth Friendly Services Centers that provide training to the youth. Further, a Training of Trainers (ToT) course was conducted for public primary school teachers, and most public primary schools have a teacher trained on SRH education.

150.The availability of contraceptives in public health facilities increased and the percentage of Modern Contraceptives has reached 14 per cent (TDHS-MIS 2015/16) from 12.4 per cent (TDHS 2010).

151.Despite increased accessibility and knowledge of contraceptives (96.2 per cent aged 15–19) adolescent pregnancy remains one of the key reasons for dropout in both primary and secondary schools. Available data shows that the number of girls dropping out of primary due to pregnancy in 2017 (1,040) increased fourfold over 2013 (246).

152.Access to information is critical to enable young people to make informed decisions on reproductive health issues and the State Party collaborates with various stakeholders to raise awareness among girls, boys, men and women.

9.Education, leisure and cultural activities

(Articles 28, 29, 30 and 31)

Education, including vocational training and guidance

153.The Education and Training Policy of 2014 in mainland Tanzania promotes fee free basic education. Pre-primary total enrolment increased by 33 per cent from 1,069,823 pupils in 2015 to 1,422,868 pupils in 2018.Primary education total enrolment reached 10,111,671 pupils in 2018 from 8,222,667 pupils in 2014, a 22.9 per cent increase. Net enrolment for pre-primary education increased from 35.5 per cent in 2013 to 39.9 percent in 2018, while primary school net enrolment rate increased from 85.6 per cent in 2016 to 91.1 percent in 2018. Enrolment rate for secondary schools (Forms I-IV) increased from 28.8 per cent in 2013 to 34 percent in the 2017/18 financial year. In Zanzibar, the Education Policy of 2006 (reviewed in 2018) formalized free and compulsory basic education for 12 years, including two years of pre-primary education. Enrolment in primary education increased by 12 per cent, reaching 276,858 pupils in 2018 from 247,353 pupils in 2013 .

154.The State Party was spending approximately TZS 20.8 billion to support fee free basic education each month. It also continued to issue capitation grants of TZS 10,000 per primary school child and TZS 25,000 per secondary school child in mainland Tanzania. In Zanzibar, the capitation grant for every secondary student is TZS 32,000. The State Party continued to prioritize the education sector budget in the total national budget.

155.To ensure that children living in poverty and rural areas do not travel long distances to schools, the State Party established 1,040 temporary and permanent satellite schools. Measures were also taken to improve infrastructure and accessibility of transport in rural areas, including the establishment of the Tanzania Rural and Urban Roads Agency (TARURA) in 2017. The Ministry of Education, Science and Technology (MOEST) issued a guideline requiring all programmes and projects in the education sector to allocate 70% of their budget to infrastructure development.

156.The State Party took measures to strengthen vocational training institutions through increased funding. Efforts were directed towards scaling up the establishment of the Vocational Education Training Authority (VETA) centers at district level while improving Post-Primary Vocational Training Centers. VETA centers increased from 759 in 2013 to 887 in 2018 and VETA owned centers from 28 in 2014 to 32 in 2019. Enrolment of VETA trainees increased from 159,345 in 2013 to 191,184 in 2018 and trained informal operators from 3,481 in 2015 to 10,007 in 2018. Enrolment in Folk Development Colleges (FDC) and Vocational Education Training Centers (VTC) also increased from 189,687 in 2013 to 196,091 in 2015 whereas in the same period graduates increased from 150,649 to 180,450.

157.In Zanzibar, to cater for school dropouts, two Alternative Learning Centers (ALCs) were established which accommodate 31 alternative learning classes where 7012 children received alternative learning skills. In mainland Tanzania, Folk Development Colleges (FDCs) serve as one of the alternative pathways for children and young people who drop out of school, including those who become pregnant during their school years. FDCs are located strategically in most parts of the country including rural areas. Young people learn useful vocational skills for self-employment such as tailoring, masonry, carpentry and cookery in these facilities.

Table No. 14

Alternative learning centres in Zanzibar 2013 to 2018

Year

2013

2014

2015

2016

2017

2018

Total

Female

72

64

68

73

142

99

518

Male

167

153

212

274

434

234

1 474

Total

239

217

280

347

576

333

1 992

Source: MoEST .

Table No. 15

Alternative learning classes in Zanzibar 2013 – 2018

Year

2013

2014

2015

2016

2017

2018

Total

Female

247

199

227

60

114

79

926

Male

605

484

498

221

350

185

2 343

Total

852

683

725

281

464

264

3 269

Source: MoEST .

158.To comply with concluding observation No. 62, various programmes were started to ensure education for all. A Secondary Education for Out of School Adolescent Girls (SEOSAG) programme was piloted in Tanga region where 700 girls registered to continue with school. Also, the Integrated Program for Out of School Adolescents (IPOSA) trains youth on vocational skills, life skills and entrepreneurship. The program was implemented in eight regions in mainland Tanzania where 3,238 youth registered (1798 boys and 1440 girls). The program aimed to reach 10,000 youths by 2021. Additionally, the State Party implemented the Elimu Haina Mwisho – Skills Development program for Young Women through Folk Development Colleges (FDCs). This program involved young women, including young mothers, along with their children. The objective being to impart skills to enable them to become self-employed, formally employed or to continue with education. 569 girls were trained from 2017–2018.

159.To improve the quality of teacher training, the State Party developed the National School-Based Continuous Professional Development Framework in 2017. The framework aims at enhancing the quality of teaching by guiding and strengthening effective national implementation of in-service teacher training. Also, the State Party, in collaboration with supporting partners, scaled up the School-Based National Primary In-Service Education Training Strategy (INSET). Furthermore, a National Framework for Continuous Professional Development for Practicing Teachers (NFCPDPT) was developed in 2017 where a total of 2472 teachers underwent intensive in-service training in mainland Tanzania in 2017. In Zanzibar, over 98 per cent of all teachers in public schools have received in-service training from 2013 to 2018. Teacher-student ratio in Zanzibar for primary and secondary schools ranges between 1: 30 and 1:31 in the period covering 2016 to 2018.

Table No. 16

Student Teachers Ratios for Primary and Secondary Level in Zanzibar 2018

Year

Total

Students

Teachers

Student Teacher Ratio

2014

305 121

11 592

26

2015

348 181

11 826

29

2016

368 306

11 995

31

2017

377 840

12 540

30

2018

403 882

13 160

31

Source: BEST Report 2017 .

Table No. 17

Student Teacher Ratios for Primary and Secondary Level Education, Mainland 2014–2018

Level/Year

2014

2015

2016

2017

2018

Primary

1:43

1:41

1:42

1:42

1:51

Secondary

1:24

1:19

1:17

1:18

1:21

Source: BEST Report 2018

10.Special protection measures

(Articles 22, 30, 32–33, 35–36, 37 (b)–(d), 38, 39 and 40)

10.1Asylum-seeking and refugee children

160.The State Party, through the Ministry of Home Affairs and MoHCDGEC, remained committed to its international legal obligations with regard to protection of refugees. Several measures were taken in collaboration with other supporting agencies such as UNHCR, UNICEF and humanitarian NGOs to address cases of sexual violence, educational needs and basic assistance for children without family in the camps as follows:

(a)Integration of refugee children in child protection systems through the deployment of 30 government trained social welfare officers in camps and host communities to support case management.

(b)Prioritization of prevention, mitigation and response to sexual and gender‑based violence (SGBV) by developing a National Plan of Action that mainstreams SGBV across all sectors. A guideline for caring for child survivors of sexual abuse was introduced in Nyarugusu camp in 2016.

(c)Strengthening awareness of and access to reporting mechanisms for sexual exploitation and abuse and access to legal, medical, and psychosocial assistance for SGBV survivors. Referral mechanisms and case management systems were put in place to identify survivors of SGBV and provide care to mitigate the effects of SGBV.

(d)Engaging community leaders and conducting sensitization programmes whereby, in 2017, about 420 community leaders and 38,930 people were trained on SGBV. Nearly 73 per cent of the youth population in Nyarugusu Camp participated in recreational and capacity-building projects, including adolescent SRH awareness programmes.

(e)Through the support of UNHCR, more than 96 per cent of children in Nyarugusu Camp, of whom 52 per cent are girls and 1 per cent are children with disabilities, attended primary school. The average water supply in both camps was maintained at 33 litres per person per day, well above the minimum standard, while latrine coverage stood at more than 96 per cent. The health situation in the camps remained stable, with both the crude mortality and under-five mortality rates at average levels.

10.2Economic exploitation, including child labour

161.The State took legislative measures to enhance the legal prohibition of hazardous child labour. For instance, the Employment and Labour Relations (General) Regulations of 2017 were adopted to expand prohibitions on hazardous tasks for children in the fishing industry, agriculture, mining, construction and quarrying industries.

162.The State Party took several measures to implement the National Action Plan for the Elimination of Child Labour 2009–2015. One of the milestones achieved is the formation of National Child Labour Committees at District level. Currently, the State Party is implementing the NPA-VAWC 2017–2022 that also addresses child labour.

163.Efforts were taken to heighten enforcement of labour laws on child labour by increasing the number of labour inspectors, regular trainings of labour inspectors and imposition of penalties on violators. The Employment and Labour Relations Act, Cap 366 and the Labour Institutions Act, Cap 300 were amended to allow labour inspectors to impose on spot fines. Inspections were carried out in sectors such as agriculture, mining, domestic work, hotels, trade, industry and commerce, construction and fishing. Between 2015 and August 2018, 9,013 inspections were carried out and during that period, 67 employers were taken to court.

164.The State Party collaborated with other partners to implement the National Plan of Action for Elimination of Child Labour 2009–2015 through various projects and programmes as outlined below:

(a)Promoting Sustainable Practices to Eradicate Child Labor in Tobacco (PROSPER) Platform for Unity and Sustainability (PROSPER+) (2016–2017). The project aimed to provide decent work for the youth, combat hazardous work and expand access to quality education and economic opportunities. It conducted child labour awareness events in targeted communities involving 9,725 participants and trained 101 tobacco cooperative leaders on combatting child labour.

(b)Eradicating the Worst Forms of Labor in the Mining Wards of Geita District, Phase 2 (2015–2019). This program enhanced social protection mechanisms to prevent child labour through raising awareness among children, parents and mining employers around the mining areas. It supported vulnerable children by training community leaders and social welfare officers on child protection issues.

(c)Ending the Worst Forms of Child Labour in Artisanal Gold Mines in Kahama (2016–2017). The project was implemented to remove, counsel, provide employment training to child labourers, establish child rights clubs and provide training for government officials at multiple levels on child labour issues.

165.In collaboration with the ILO, the Decent Work Country Programme 2017–2022 was developed which focuses on promoting employment and employability, enhancing fundamental principles and rights at work, social protection and social dialogue.

166.In Zanzibar, the State Party implemented the National Plan of Action for the Elimination of Child Labour (2009–2015) aimed at reducing the harmful impacts of child labour. Also, a Multi-Sectoral Technical Working Group for Child Labour and a Child Labour Steering Committee was established. 5,067 children (2079 girls and 2988 boys) were successfully returned to schools and Madrasa.

10.3Children in street situations

167.The State Party put in place measures to provide appropriate care and protection to children deprived of a family. These measures include the National Costed Plan of Action for Most Vulnerable Children II 2013 – 2017 (NCPA II). In collaboration with partners, it provided care, support and protection to 24,067 most vulnerable children between 2016–2018. It has also offered free health insurance to 900 most vulnerable children in five regions.

168.The State Party created a Guide on the Establishment and Implementation of Community Rehabilitation Programmes in 2012. It guides all institutions and persons involved in the establishment, supervision, monitoring, implementation and running of the Community Rehabilitation Programme for Most Vulnerable Children (MVC), including street children. Further, a Community Based Strategic Plan of 2013 for dealing with the problem of children living and working in the streets was developed. To ensure more MVC living on the streets and in children’s homes, access adequate care, support and protection, the State Party improved reporting systems that capture all information on street children including their actual number on a monthly basis. The State Party is using MVC Management Information System and District Case Management System (DCMS) to collect data on MVC from district level for planning purposes.

10.4Sale, trafficking and abduction

169.The State Party developed Regulations for the implementation of the Anti-Trafficking in Persons Act to protect children from any threat of violence and exploitation. Several measures to combat the sale, trafficking and commercial sexual exploitation of children, in particular, to combat internal trafficking were taken. In collaboration with the International Organization for Migration (IOM), special trainings for 40 Police Officers was conducted on the identification and detection of perpetrators and victims of human trafficking within the country between 2013 and 2014.

170.A series of trainings were conducted for CSOs on provision of assistance to child victims of human trafficking. A Manual for CSOs for the Operationalization of the Tanzania Anti-Trafficking in Persons Act, Cap 432 was developed with focus on identification of and direct assistance to victims of trafficking including child victims. In 2014, trainings were conducted for journalists on ethical reporting on human trafficking cases and Media Guidelines on how to report cases of human trafficking without re-victimizing the victims, including children were developed when. Trainings were also held for Local Government Authorities on prevention of child trafficking and by-laws to prevent child trafficking were formulated.

171.The State Party, in collaboration with IOM also prepared Draft Standard Operating Procedures aimed at assisting victims of trafficking.

172.In Zanzibar, awareness creation programs were implemented with different players including the Judiciary, prosecutors, investigators and social welfare officers. In 2018 a Scoping Study on the Commercial Exploitation of Women and Children was conducted in collaboration with the IOM that focused on the dynamics and vulnerability to trafficking in persons and services available for survivors of violence, including victims of trafficking. It provided recommendations to improve measures to combat trafficking in persons especially children.

10.5Administration of juvenile justice

173.In mainland Tanzania, the State Party continued to take legislative and administrative measures to bring the juvenile justice system into alignment with the CRC as follows:

(a)The enactment of the Legal Aid Act, Cap 21 and Legal Aid Regulations of GN No. 44 of 2018 and the Legal Aid (Civil Proceedings) Rules, 2018. The law provides for the right to legal representation and other appropriate assistance to a child who is a party to proceedings in a criminal or civil case free of charge whenever practicable.In addition, the Legal Aid Act recognize paralegals as a new cadre of legal aid providers, hence widening the scope of legal aid provision to children especially in rural areas where most children have limited access to such services. Furthermore, the Law of the Child Act (Juvenile Court Procedures) Regulations was adopted in 2016 (GN No. 182 of 2016) to protect the rights of the child in court proceedings.

(b)Revision of the National Guideline for Implementation of Community Rehabilitation by the MoHCDGEC. Children in conflict with the law and those at risk of developing offending behavior can now access effective community-based rehabilitation services that address their needs and tackle the root causes of their criminal activity in a holistic manner.

(c)The Chief Justice for mainland Tanzania on 9th December 2016 designated 130 existing Courts to be Juvenile Courts through GN No 314 and later on 11th February 2019 revoked GN No 314 and designated 236 Juvenile Courts through G.N No 158 to hear cases concerning children in conflict with the law and civil matters relating to parentage, custody, maintenance and childcare. Therefore, there are 147 children’s Courts comprised of 28 Resident Magistrates Court, 117 District Courts and the two already established Children’s Courts in the Regions of Dar es salaam and Mbeya.

(d)The State Party continued to implement Directive No. 1 of 2012 issued by the Director of Public Prosecutions for Investigators and Prosecutors to fast track cases involving children. The directive aims at ensuring these cases are handled in a timely manner and the time children spend in Retention Homes is reduced.

(e)A total of 467 children in five retention homes received education, medical treatment, food and clothing in 2018 compared to 291 children in 2017. The number of children provided with legal aid and other necessary social support reached 1,399 from 2015 to 2018.

(f)A total of 788 children were diverted to rehabilitation and reintegrated into their families from 2015 to 2019. Social Welfare Officers ensure that all children in Juvenile Courts are assisted and access their rights through the Guardian Ad Litem Scheme. In 2018, Social Welfare Officers managed to protect the interests of 962 children in juvenile court proceedings.

(g)The State Party finalized the preparation of the advanced training manual on child protection and gender-based violence for police gender and children desk officers. The number of Police Gender and Children Desk Officers who were trained is 4000. The Tanzania Police Force also held training sessions on the proper response to cases of GBV and Child Abuse for 3215 managerial officers at the Police headquarters. Also total of 7215 police officers have the knowledge and skills to respond appropriately to cases of GBV and Child Abuse.

174.In Zanzibar, the following measures were taken:

(a)The enactment of the Legal Aid Act No. 13 of 2018 which provides for legal services to indigents who include children in conflict with the law.

(b)The establishment and implementation of the Community Rehabilitation Program 2015–2018 in the Urban West region, Unguja. Children in conflict with the law and those at risk of developing offending behavior were trained in various skills such as handcrafts, weaving and welding. The program has rehabilitated and reintegrated a total of 172 children into their families. In 2019 the program was rolled out to all regions in Zanzibar.

(c)Specialized trainings were provided to Judges, Magistrates, Prosecutors, Court Clerks and Social Welfare Officers who serve in the children’s Courts. The Court has developed a training manual to guide court officials and other personnel. The Office of the Director of Public Prosecutions developed a Prosecution Manual and Standard Operational Procedures to guide Prosecutors when dealing with children’s cases.

(d)Corporal punishment, as sanctioned by the court, was abolished. During the reporting period, no child was subjected to corporal punishment.

(e)The Zanzibar Education for Offenders Institute responsible for keeping the remand and convicted people developed guidelines on complaints procedures dealing with allegations of ill treatment of children. A Justice Committee is in place to receive allegations of maltreatment and other violations of rights.

175.The State Party finalized implementation of the Five Year Strategy on Progressive Child Justice Reform 2013–2017. The strategy is being evaluated to provide highlights on the status of reforming the Child Justice system, including, major progress and results, challenges encountered, remaining gaps and recommendations to strengthen further the delivery of justice to children. The evaluation will create a basis for the development of the Second Five Year Strategy for Progressive Child Justice Reform 2019/20–2023/24.

References

i.UNCRC – List of issues about the combined third to fifth periodic reports of the URT, January 2015.

ii.UNCRC Committee on the Rights of the Child Concluding Observations on the combined third to fifth periodic reports of the URT CRC/C/TZA/CO/3-5, March 2015.

iii.URT – Children Consultative Report in Preparation of a Country 6th Report on the Implementation of the CRC 2019.

iv.MoHCDGEC-Implementation Plan of the Concluding Observations made by the Committee on the Rights of the Child in Respect of Tanzania’s Third, Fourth and Fifth Consolidated Report on the Implementation of the CRC, 2016 and the 2015 African Charter on the Rights and Welfare of the Child.

v.Tanzania CSO’S Alternative Report to the Third, Fourth and Fifth Consolidated Report on Tanzania’s Implementation of the CRC (2007–2012), March 2014.

vi.URT-Committee on the Rights of the Child Consideration of reports submitted by States parties under article 44 of the Convention on Third to Fifth Periodic Reports of States parties due in 2012.

vii.Consolidated Second, Third and Fourth Periodic Reports on the Implementation of the African Charter on the Rights and Welfare of the Child by the Government of the URT. Submitted to the ACERWC 2015.

viii.UNCRC Revised Reporting Guidelines CRC/C/58/Rev. 3, March 2015.

ix.National Bureau of Statistics: Tanzania in Figures, 2020.

International instruments

i.UN Convention on the Rights of the Child, 1989.

ii.African Charter on the Rights and Welfare of the Child (ACRWC), 1990.

iii.ILO Convention No. 182 (1999) on the Worst Forms of Child Labour.

iv.ILO Convention No. 138 (1973) on the Minimum Age Convention.

v.UN Convention on the Rights of Persons with Disabilities (2006).

vi.UN General Assembly Resolution A/RES/61/106.

Mainland Tanzania

Legislation

i.The Constitution of the URT, 1977 as amended from time to time.

ii.The Law of the Child Act 2009.

iii.Dodoma Capital City (Declaration) Act No. 5 of 2018.

iv.Public Finance Act, CAP 348.

v.Witchcraft Act Cap 22 R.E 2000.

vi.The Traditional and Alternative Medicine Act No. 23 of 2002.

vii.Natural Wealth and Resources (Permanent Sovereignty) Act, 2017.

viii.The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act, 2017.

ix.The Oil and Gas Revenues Management Act 2015, the Petroleum Act 2015.

x.The Tanzania Extractive Industries (Accountability and Transparency) Act, 2015.

xi.The Environmental Management Act of 2004.

xii.The Education Act No. 25 of 1978.

xiii.The Written Laws (Miscellaneous Amendment) (Act No. 2) of 2016.

xiv.The Basic Rights and Enforcement of Duties Act Cap. 3 R.E 2002.

xv.Oil and Gas (Upstream) Act, 2016.

xvi.Employment and Labour Relations Act No. 6 of 2004.

xvii.The Anti-Trafficking in Persons Act No. 6 of 2008.

xviii.The Legal Aid Act No. 1 of 2017.

xix.The Whistle blowers and Witness Protection Act, 2015.

xx.The CyberCrimes Act, 2015.

xxi.The Media Service Act, No.12 of 2016.

Subsidiary Legislation

i.The Law of the Child (Foster Care Placement) Regulations, GN 153 of 04/2012.

ii.The Law of the Child (Apprenticeship) Regulations, GN 154 of 2012.

iii.The Law of the Child (Children’s Homes) Regulations, GN 155 of 2012.

iv.The Law of the Child (Children’s Homes (Amendment) Regulations GN. 9 of 2015.

v.The Law of the Child (Adoption) Regulations, GN No. 12 of 2015.

vi.The Law of the Child (Retention Homes) Rules, GN No. 151 of 2012.

vii.The Law of the Child (Child Employment) Regulations, GN No. 196 of 2012.

viii.The Law of the Child (Juvenile Court Procedure) Rules, GN No. 251 of 2014.

ix.The Law of the Child (Child Protection) Regulations, GN No. 11 of 2015.

x.The Law of the Child (Day Care Centres and Crèches) Regulations, GN No. 141 of 2014.

xi.The Media Service Regulations, 2017.

xii.Teachers Code of Conduct for Professional Ethics 1963.

xiii.The Employment and Labour Relations (General Regulations) GN 47 of 2017.

xiv.The Basic Rights and Duties Enforcement (Practice and Procedure) Rules GN 304 of 2014

xv.The Anti Trafficking in Persons (Prevention, Protection and Treatment) G.N 28 of 2015.

xvi.The Trafficking in Persons (Centres for Protection and Assistance to Victim of Trafficking in Persons) G.N 27 of 2015.

xvii.Legal Aid (Civil Proceedings) Rules, 2018.

Zanzibar Legislation

i.Constitution of Zanzibar 1984.

ii.Zanzibar Children’s Act, 2011.

iii.Legal Aid Act No. 13 of 2017.

iv.The Zanzibar Environmental Management Act of 2015.

v.The Evidence Act No. 6 of 2016.

vi.The Youth Council Act 2013.

vii.The Penal Act No. 6 of 2018.

viii.The Criminal Procedure Act No. 7 of 2018.

ix.The Zanzibar Civil Status Registration Act No. 3 of 2018.

x.Kadhis Court Act No. 9 of 2017.

xi.Zanzibar HIV and AIDS Prevention and Management Act No. 8 of 2013.

Subsidiary Legislation

i.The Children’s Act (Care and Protection of Children) Regulations 2017.

ii.The Children’s Act (Foster Care) Regulations of 2017.

iii.The Children’s Act (Approved Residential Establishment) Regulations 2017.

iv.The Children’s Act (Children Court) Rules of 2015.

Plans and Strategies

i.National Plan of Action to End Violence Against Women And Children In Tanzania, 2017–2022.

ii.Education Sector Development Plan (2016/17–2020/21).

iii.The National Road Map Strategic Plan to Improve Reproductive, Maternal, Newborn, Child & Adolescent Health in Tanzania (2016–2020).

iv.National Family Planning Costed Implementation Program2010–2015.

v.The Second National Strategy for Growth and Reduction of Poverty (NSGRP II) 2010/11 and 2014/15.

vi.National Action Plan on Human Rights (2013–2017).

vii.National Strategic Plan for School Water, Sanitation and Hygiene (SWASH) 2012–2017.

viii.PF – Gender and Children Desk Action Plan 2013–2016.

ix.The Five Year Development Plan II 2016–2021.

x.National Multi-sectoral Nutrition Action Plan (2016–21).

Zanzibar

i.Zanzibar Strategy for Growth and Reduction of Poverty ZSGRPIII (MKUZA III) 2016–2020.

ii.Zanzibar Vision 2020.

iii.Revisited Zanzibar Development Vision 2020 (Working Document) 2011.

iv.Zanzibar Education Development Plan II 2017/18–2021/22.

v.Zanzibar Education Statistical Abstract 2015–2016 National Data.

vi.Zanzibar Most Vulnerable Children Monitoring and Evaluation Plan 2015.

vii.National Plan of Action to End Violence Against Women and Children 2017 2022.

viii.Zanzibar Reproductive, Maternal, Newborn, Child and Adolescent Health Strategic Plan 2018–2022.

ix.The Third Zanzibar National HIV and AIDS Strategic Plan 2016/17–2020/21.

x.Zanzibar Health Sector Strategic Plan III 2017–2022.

xi.Zanzibar Education Policy, 2006.

Reports, Surveys and Other Documents

i.National Basic Education Statistics in Tanzania 2017.

ii.Dynamics of Trafficking In Persons in Tanzania Study Report 2016.

iii.Tanzania National Nutrition Survey 2018.

iv.Tanzania Demographic and Health Survey and Malaria Indicator Survey 2015–16.

v.The Economic Survey 2017.

vi.The Economic Survey 2018 – Swahili Version.

vii.MoHCDGEC – Budget Speech 2019.

viii.UNICEF-Tanzania Education Budget Brief FY 2011/12–FY 2015/16.

ix.UNICEF-Tanzania 2017 Education Fact Sheet.

x.UNICEF-Tanzania Education Budget Brief 2018.

xi.National Basic Education Statistics in Tanzania 2012–2016, National Data.

xii.UNICEF-Tanzania 2016 Nutrition Fact Sheet.

xiii.UNICEF-Tanzania 2016 Water, Sanitation and Hygiene Fact Sheet.

xiv.UNICEF-Tanzania 2016 HIV and AIDS Fact Sheet.

xv.UNICEF-Tanzania 2016 Maternal and Child Health Sheet.

xvi.PO-RALG, Pre-Primary, Primary, Secondary, Adult and Non-Formal Education Statistics, 2017 Regional Data.

xvii.Water Sector Development Programme Phase II (2014/2015 – 2018/2019.

Policies

i.Legal Aid Policy 2017.

ii.Child Development Policy 2008.

iii.National Water Policy 2002.

iv.National Policy on Disability 2004.

v.National Refugee Policy 2003.

vi.Education and Training Policy 2014.

vii.National Health Policy 2007.