THE EFFICACY OF THE GOVERNMENT IN IMPLEMENTING

THE RECOMMENDATIONS MADE BY THE CHRGG IN

TANZANIA
 THE EFFICACY OF THE GOVERNMENT IN IMPLEMENTING THE
RECOMMENDATIONS MADE BY THE CHRGG IN TANZANIA

By

Tulalumba Nashon Mbangwa

Registration NO. 2631150/T.20

A Compulsory Research Paper Submitted in the Partial Fulfillment of the

Requirement for the Award of the Bachelor of Laws degree (LL. B) of Mzumbe
University.

2023
 CERTIFICATION

I, the undersigned, certify that I have read and hereby recommend for acceptance by
the Mzumbe University, the report entitled Efficacy of the Government in
implementing the recommendations made by the CHRGG in Tanzania, in partial
fulfillment of the requirements for award of the Bachelor of Law degree (LL. B) of
Mzumbe University.

__________________________

Signature

___________________________

Date

i
 DECLARATION

I, Tulalumba Mbangwa, declare that this report is my own original work and that it has
not been presented and will not be presented to any other University to a similar or any
other Degree awards.

Signature:

__________________________

Date

______________________________

ii
 COPYRIGHT

This report is a copyright material protected under the copyright and Neighboring
Rights Act Cap 218 R.E 2002 (as amended by the Written laws (Miscellaneous
Amendments) (No.3) Act, 2019) and other international and national enactments, in
that behalf, on intellectual property. It may not be reproduced by any means in full or
in part, except for short extracts in fair dealings, for research or private study, critical
scholarly review or discourse with an acknowledgement, without the written
permission of Mzumbe University, on behalf of the author.

© 2023

iii
 ACKNOWLEDGEMENT

First I would like to thanks Almighty God for the opportunity, ability, strength and
courage to undertake my research study for a degree at Mzumbe Mbeya Campus
College. Without the divine blessings, this achievement will not be possible.

Also I would like to take this chance to thanks my supervisor Mr. Yohana Seme, for
all cooperation’s and guidance on accomplishing this work. This research report could
not have come to a successful conclusion without the assistance and support that I
received from him his support made me realize my potential to engage in academic
and challenging thought.

I would like to take this chance to express my gratitude to the member of my family
who always encourage and support me in my studies, Tulalumba Mdekha, David
Myumbilwa, Ritha Sabuni, Yokbeth Myumbilwa, Helena Mnyawami, Obed
Mbangwa, and those I cannot name here, you have a special thanks and love from my
heart.

I am also indebted to my classmates whose meticulous critiques on my study remain

exceptional and for everything that shared together during LL. B programme: those
include Bundala Mashala, Abdulkarim Lwambo, Rajabu Ramadhan, John Kapinga,
Neema Aloyce, Matich Phidelisi and others that do not mentioned here.

Also, I would like to express my heartfelt gratitude to the magistrates of Dodoma urban
primary court, especially Magistrate Flora Mhelela, I compliment for offering me a
helping hand throughout my field work / attachment.

iv
 DEDICATION

This Research Report I dedicate to my Grandmother Tulalumba Mdeka and to my

lovely aunt Yorkbeth Myumbilwa.

v
 ABBREVIATIONS AND ACRONYMS

AG Attorney General

CHRGG Commission for Human Right and Good Governance

CURT Constitution of the United Republic of Tanzania

URT United Republic of Tanzania

PCE Permanent Commission of Enquiry

ACHPR The African Commission on Human and Peoples‟ Rights

AU African Union
UDHR Universal Declaration of Human Rights

ICESC International Convention on Economic, Social and Cultural

LHRC Legal human right centre

NHRI National Human Rights Institution

P Page

Pp pages

PWA People with Albinism

UN United Nations

vi
 LIST OF STATUTES

Regional Instruments

The African Charter on Human and People’s Right, 27th June, 1981; OAU Doc.
CAB/LEG/67/3 rev. 5, 211. LM. (1982)

Domestic Instruments

The Constitution of United Republic of Tanzania, 1977

The Commission for Human Rights and Good Governance Act, 2001

The Permanent Commission of Enquiry Act No 25 of 1966

vii
 LIST OF CASES

Ibrahim Korosso & 134 Others Together with LHRC v AG & Others (2005) HC
(Unreported)

Rev. Christopher Mtikila vs. AG (1995) T.L.R 31

viii
 ABSTRACT

This study aimed to determine the efficacy of the Government in implementing the
Recommendations made by the CHRGG in Tanzania, the intention of the study was
identifying the recommendations that provided by the Commission for Human Rights
and Good Governance in violation of Human Rights, to examine legal and institutional
framework necessary for the implementation of recommendations made by CHRGG
and to find out the implementations done by the Government on the recommendations
made by CHRGG.

In this study the methodology included administering questionnaires to the members

of the commissions and some of the Advocates.

The results indicate that the many recommendations made by CHRGG to the
Government are not implemented, this is because the Government institutions are
among of the violators of the Human Rights. Therefore, it is not ready to be bound by
the institution that was established by itself, as it will have conflict of interest, because
the Government needs to have wide discretionary to be able to rule and do what it
thinks fit without been barred by the Commission.

On the basis of these results, the study recommends to different places including
legislators, policy makers, legal activists and Government Institutions. It believes that
if legislators will enact laws and institutional that will be specific for implementations
of recommendations made by CHRGG, it will help to abolish violation of Human
Rights, but also if the political leaders whenever they can stand in insisting about
implementation of recommendation, together with legal Activists will help to abolish
violation of Human Rights in Tanzania. This will encourage and insist Government
institution to implement the recommendations made by CHRGG on time and the
Government will avoid being among of the violators of Human Rights.

ix
 TABLE OF CONTENTS

CERTIFICATION ...................................................................................................... i

DECLARATION ........................................................................................................ ii

COPYRIGHT ............................................................................................................ iii

ACKNOWLEDGEMENT ........................................................................................ iv

DEDICATION ............................................................................................................ v

ABBREVIATIONS AND ACRONYMS ................................................................. vi

LIST OF STATUTES .............................................................................................. vii

LIST OF CASES ..................................................................................................... viii

ABSTRACT ............................................................................................................... ix

CHAPTER ONE ........................................................................................................ 1

GENERAL INTRODUCTION ................................................................................. 1

1.1 Background to the Problem ................................................................................ 1

1.2 Statement of the Problem ................................................................................... 2

1.3 Objectives of the Study ...................................................................................... 3

1.3.1 General Objectives ....................................................................................... 3

1.3.2 Specific Objectives ...................................................................................... 3

1.4 Research Questions ............................................................................................ 3

1.5 Significance of the Research .............................................................................. 3

1.6 Literature Review ............................................................................................... 4

1.7 Research Methodology ....................................................................................... 5

1.7.1 Research Design .......................................................................................... 6

1.7.2 Sampling Techniques ................................................................................... 6

1.7.3 Sample size and selection ............................................................................ 6

1.7.4 Data Analysis and Presentation ................................................................... 6

x
 1.7.5 Methods of Data Collections ....................................................................... 7

1.8 The Scope of the Study....................................................................................... 8

1.9 Area of the Study ................................................................................................ 8

1.10 Limitations of the Study ................................................................................... 8

1.11 Conclusion ........................................................................................................ 8

CHAPTER TWO ..................................................................................................... 10

CONCEPTUAL AND LEGAL FRAMEWORK ON THE COMMISSION FOR

HUMAN RIGHTS AND GOOD GOVERNANCE ............................................. 10

2.1 Historical Background of the Commission for Human Rights and Good
Government in Tanzania ........................................................................................ 10

2.1.1 The Permanent Commission of Enquiry ....................................................... 10

2.1.2 The Commission for Human Rights and Good Governance (CHRGG) ....... 11

2.2 Conceptualization of the Key Concepts ........................................................... 12

2.2.1 Human Rights ............................................................................................ 12

2.2.2 Commission for Human Rights ................................................................. 13

2.3 Legal Framework.............................................................................................. 13

2.3.1 National Legal Framework ........................................................................ 14

2.4 Conclusion ........................................................................................................ 18

CHAPTER THREE ................................................................................................. 19

RESEARCH FINDINGS, DATA ANALYSIS AND PRESENTATION ............ 19

3.1 Introduction ...................................................................................................... 19

3.2 Strength and Weakness of CHRGG ................................................................. 19

3.2.1 Weakness of CHRGG ................................................................................ 19

3.2.2 Achievements of CHRGG ......................................................................... 23

3.2.3 Differences between PCE and CHRGG .................................................... 24

3.3 Data Analysis ................................................................................................... 25

xi
 3.4 Research Findings ............................................................................................ 25

3.4.1 What are the recommendations made by the CHRGG to the Government?
............................................................................................................................ 25

3.4.2 Are there Legal and Institutional Framework Necessary for the
Implementation of Recommendations made by it in Tanzania?......................... 28

3.4.3 To what extend does the Government implement the recommendations

made by CHRGG? .............................................................................................. 30

3.5 General Observations ....................................................................................... 31

3.5.1 On the matter of recommendation that made by the CHRGG to the

Government ........................................................................................................ 31

3.5.2 On the matter of legal and institutional framework that implement

recommendation.................................................................................................. 31

3.5.3 On the issue of Government implementing those recommendations. ....... 32

3.6 Conclusion ........................................................................................................ 32

CHAPTER FOUR .................................................................................................... 33

CONCLUSION AND RECOMMENDATIONS ................................................... 33

4.1 Introduction ...................................................................................................... 33

4.2 Conclusion ........................................................................................................ 33

4.3 Recommendations ............................................................................................ 35

4.3.1 Recommendations to the Legislators ...................................................... 35

5.3.2 Recommendations to the Political Leaders ................................................ 35

5.3.3 Recommendation to Legal Activists .......................................................... 36

5.3.4 Recommendation to the Government Institutions ..................................... 36

REFERENCES ......................................................................................................... 37

APPENDICES .......................................................................................................... 39

Appendix 1 ............................................................................................................ 39

xii
 CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Problem

On the Second World War there was high violation of human rights, a prominent
exemplar of this violation was killing majority of people and distraction of peace and
security of the world.1 In year 1945 the Charter of United Nations was established by
United Nations for the purpose of maintaining peace and security around the world.
Effective measures were taken in preventing and removing threats that jeopardize
peace and use peaceful means to conform to the principles of justice and international
laws (UN, 1945).2

In African the violation of Human Rights still existed even after the end of Second
World War. In 1987 the African Commission on Human and Peoples Rights (ACHPR)
was formulated with three major functions which are promoting human and people’s
rights, protecting human and people’s rights and interpreting the charter3. Provided
under Article 45 (1) - (3) of the charter, In Tanzania violation of Human Rights existed
during colonial period and is still existing. The reports on violation of human rights by
police, civil societies and medial are shown.4

Various measures have been taken internationally, regionally and at national level to
avert violation of human right. Tanzania as one of international community’s has taken
measures to overcome the problem in various periods. At the beginning the permanent
commission of enquiry was established5. This commission was established for the
purpose of safeguarding the right of citizen and prevention of human right violation in
Tanzania. In 2000 the Permanent Commission of Enquiry was replaced by the

1
Adeline, F. Challenges facing the Commission for Human Rights and Good Governance in promoting
and protecting Human Rights in Tanzania, MDA Dissertation, Mzumbe University, 2020, p.3.
2
Ibid, p.3.
3
ACHPR, Article (1) – (3).
4
Adeline, F. op.cit. p. 3.
5
The Permanent Commission was established by Act No 25 of 1966.
1
Commission for Human Rights and Good Governance6. The newly established
commission was expected to be more effective on prevention of human rights
violation. However, still the commission is faced with many challenges on its
operation.

1.2 Statement of the Problem

The commission for Human Rights and Good Governance is empowered to conduct
Research into Human Rights, administrative justice and good governance issues and
educate the public about such issues.7The commission conducts its activities through
different public hearing into different places both rural and urban central in order to
receive some complaints on the violation of human rights and provide some
recommendation to the Government. 8On implementing the recommendations of the
CHRGG are the main challenge, despite of the effort that done by CHRGG through
collecting and investigating on different places on the matter of violation of human
rights but still there is massive violation of human rights in Tanzania.9

The legal setting10 of the commission and the way it operates, it is unable to ensure
protection of human rights11. The law that establish the commission makes it to be a
toothless institution as it has no power to enforce on violations of human rights, it can
only give recommendations12. Under section 17 of the CHRGGA it provides that the
decision of the CHRGG had no legal binding hence it has a status of recommendations.
Again the appointment of chairman and commissioners make them weak when the
violation of human rights is made by the top executives13.

6
Act no.7 of 2001.
7
[ Cap 2 R.E 2002].
8
Mwakisiki .M, (2017), Human Rights law in Tanzania; A Students Compendium, Moshi co-
Operative University. Moshi.p.63.
9
Kalekwa (2014), The Protection of Human Rights in East Africa by Human Rights Commission; A
case study of Tanzania in law of university of Dar es Salaam, PhD Dissertation, UDSM. p.17
10
Act no.7 of 2001
11
Op. cit.
12
Ibid.
13
Ibid.
2
1.3 Objectives of the Study

The research contains the general objective and specific objectives.

1.3.1 General Objectives

To determine the efficacy of the Government on implementing the Recommendations

made by the CHRGG in Tanzania

1.3.2 Specific Objectives

i. To identify the recommendations given by the commission for human rights

and good governance on violation of human rights.

ii. To determine legal Institutional framework responsible for the implementation

of recommendations of the CHRGG.

iii. To find out the implementations done by the Government from the
recommendations made by the CHRGG.

1.4 Research Questions

This study aims to provide the following questions

i. What kind of recommendations provided by the commission for human rights

and Good Governance on the violation of human rights to Government?

ii. Are there legal Institutional frameworks responsible for the implementation
of recommendations made by CHRGG in Tanzania?

iii. To what extent does the Government implement the recommendations made
by CHRGG?

1.5 Significance of the Research

This study are very useful because first shows all recommendations that made by
Commission for Human Right and Good Governance on the violation of human rights,
3
secondly this study it helps the readers to know the legal Institution framework for the
implementation of recommendations made by CHRGG in Tanzania and also it helps
known to what extent does the Government implement on the Recommendations made
by CHRGG, through this will help to increase awareness of government and CHRGG
on those recommendation. So through implementing those recommendations will help
to minimize the increase of violation of human rights because will sharpen the mind
of people, to the policy makers, to law makers, Government institution and stake
holders on matter concerning violation of human rights and also those who will visit
the Library where this research report will be kept will benefit from the study
conducted. The study is also significant to the researcher as it is part and parcel of the
requirements for award of LL. B degree of Mzumbe University. Therefore, it will
enable the researcher to complete the unit required for the Degree course she is
studying.

1.6 Literature Review

Various authors have written on human rights issues including its essence, legal
framework and the commission for Human Rights and Good Governance.
14states
Mwakisiki, M, that the recommendations of the commission has no legal
binding and can be neglected by the public officials. This gives a room for the public
officials to temper with the powers which the commission it given to protect and
preserve the human rights and investigations of violation of the same. According to
him the law that establish the commission does not give the recommendations of the
commission a status of the court order nor does the Act pronounce legal enforceability
of the recommendations of the commission by court. Silence of the CHRGG has led
to human rights violations. However, the authors fail to show what kind of those
recommendations that provided by the CHRGG to the government which are not
implemented.

14
Mwakisiki, M. (2017), Human Rights law in Tanzania; A Students compendium, Moshi co-operative
university, Moshi.p.65
4
Mtulya F,15 is of the view that the CHRAGG is barred from investigating any matter
which is pending before are court of law or any other judicial tribunal, in so far as the
functions of the commission are concerned are limited, in the sense that if there is any
matter which is pending before the court of law or before any tribunal regardless of
how serious the matter is the commission will not be allowed to deal with the matter
until it decided. The author has shown that the powers of the CHRGG are limited,
which makes the commission not to perform its core function which is to protect
human rights. Again the Authors fails to provide ways to solve matters relating to
violation of human rights.

Shivji, I at al,16 are of the view that after investigation and hearing complains the
commission has no power to give binding decision or order in his view the commission
can only make recommendations to the Government. The author has touched some key
issues concerning the limitation. But they do not show in details the effects of it’s being
toothless and the explanation on the recommendations by CHRGG as well as
implementation of the same.

Peter, C,17 states that one among of the function of CHRGG is to deal with the
violation of Human rights and maladministration of the Government .The decisions of
the commission for Human rights and Good Governance it has the status of the
Recommendations and cannot be binding on the individual and Governance at large,
But the Author fails to show such kinds of Recommendations that provided by
CHRGG to the Government and at what extend are implemented.

1.7 Research Methodology

Research methodology is a way to systematically solve the research problem, it may

be understood as a science of studying how research is done scientifically.18In this part

15
Mtulya F, (2013), The commission for human rights, its role in the protection and human rights in
Tanzania, open university law journal, vol. 4.p.41
16
Sivaji, G. (2004), Constitution and legal system of Tanzania, Dar es salaam, Mkuki na Nyota
publishers ltd. 78
17
Peter, C. (2006), Human Rights Commission in Africa –Lessons and Challenges, Wilds, Websters
new world law dictionary. Canada. Wiley. Hoboken, pp 369_371
18
Kothari, C.R (2004). Research Methodology; Methods and Techniques,2nd ed, New Age at p.9
5
of research methodology, the researcher used the different methods of collecting data
those methods was primary methods of data collection and secondary methods of data
collection. In primary data the researcher used interview and questionnaires.

1.7.1 Research Design

In this study the researcher used qualitative approach to collect data by interviewing
and administering questionnaire to same respondents. This design was very useful in
this study because of the nature of the study.

1.7.2 Sampling Techniques

In this study the Researcher employ the purposively random sampling, in which the
number of respondent that success to collect data from them are six respondents and it
give the data according to the nature of the questionnaires and interviews that provided
to them, some of the respondents including Advocates and the members of the
commission.

1.7.3 Sample size and selection

A total of six people were approached to gather their views and suggestions on the
research Topic.

1.7.4 Data Analysis and Presentation

A qualitative approach was used to examine the efficacy of CHRAGG on

implementation of recommendation made by it in Tanzania. According to Miles and
Huberman19 qualitative analysis consists of three concurrent flows activity; data
reduction, data display and conclusion drawing and verification. Data reduction refers
to the process of selecting, focusing simplifying, abstracting and transforming the data
that appear in transcription. But data display means is an organized, compressed,
assembly of information that permits conclusion drawing.

19
Miles, M.B and Huberman, A.M (1998) An expanded source Book –Qualitative Data Analysis.p.11
6
1.7.5 Methods of Data Collections

In conducting this research, the researcher used the field survey and documentary
review as primary data and secondary data.

1.7.5.1 Primary Data

In conducting this research, the researcher used interview and questionnaire as tools
of data collection in primary methods of data collection.

1.7.5.1.1 Interview

According to the nature of the study the researcher used semi structured interview to
gather data from two commissioners of the CHRGG, and these two commissioners
were sufficient to represent other commissioners but also two senior lawyers from the
CHRGG helped to get data on the kinds of recommendations that made by it in the
Government and those that are implemented.

1.7.5.1.2 Questionnaires

According to the nature of the study the researcher it prefers to use open ended
questionnaire in order to gather data for those respondents that are Advocates that are
among of the persons that participating in enforcing the recommendations of the
CHRGG that are mandated to receive some complaints through court of law.

1.7.5.2 Secondary Data

Secondary data means data that are already available. In accomplishing the goal of the
research the researcher used the data which have been collected. The researcher
employed secondary source of data collection from different information from library
including text books, Articles, journals, report, case law, statutes and internet sources.

1.7.5.2.1 Library Research

In library research, the researcher involves various published and unpublished source
materials, including text books, journals, report, case law and statutes. This helped the

7
research to get the starting point and able to analyze well the foundation of the study.
The collection of these materials was done at Mzumbe University Library known as
Shaban Robert.

1.7.5.2.2 Electronic Sources

The researcher read and analyzed different material based on the nature of the study
through internet source by visiting different websites that explaining about the study.

1.8 The Scope of the Study

This study main focus confined to determine the efficacy of the Government in
implementing the Recommendations made by the CHRGG in Tanzania, the
assessment was among the following to identify all recommendation made by
commission on violation of Human rights, to examine legal and Institutional
framework necessary for Implementation of recommendations made by CHRGG and
to find out the Implementations done by the Government on the recommendations
made by CHRGG.

1.9 Area of the Study

In this study field research conducted in Dodoma and Dar es Salaam where the
headquarter and sub-headquarter of the CHRAGG respectively are located.

1.10 Limitations of the Study

In conducting this research, the researcher faced some challenge that was poor
participation of staff of the commission and related institutions due to the shortage of
time moreover, the researcher had shortage of funds, hence encored to use their own
money whenever there was any cost required for instance transport cost, stationary
costs and credit for mobile phone call to respondents.

1.11 Conclusion

Generally, this study aimed of providing for the preliminary issues of the intended
study, under this Report the Researcher. Discussed the introductory of the study,
8
background of Research problem, starting the problem that made the Researcher to
conduct Research on this topic furthermore the Researcher discussed the objectives as
well as assumptions that led her in conducting the Research. Also the significance and
the methods and different methods and techniques on collection of Data.

9
 CHAPTER TWO

CONCEPTUAL AND LEGAL FRAMEWORK ON THE COMMISSION FOR

HUMAN RIGHTS AND GOOD GOVERNANCE

2.1 Historical Background of the Commission for Human Rights and Good
Government in Tanzania

There are many institutions that deals on protection of violations of human rights.
Those include the permanent commission enquiry which was replaced by Commission
for Human Rights and Good Governance, Legal Institutions, the Judiciary, Law
Enforcements Organs; the Police Force, the Prison Services and the Prevention and
Combating the Corruption Bureau (PCCB).20 But according to the study, the
researcher is going to focus much on the Permanent Commission of Enquiry and
Commission for Human Rights and Good Governance.

2.1.1 The Permanent Commission of Enquiry

The permanent commission of enquiry was first national Human rights Institution in
Africa to be introduced by then and was also one of the earliest commonwealth
ombudsman office.21The PCE was set up in 1966 on the recommendation of
presidential commission on establishment of Democratic one party state ,the
Permanent Commission of Enquiry was established through the interim Constitution
of Tanzania ,1965 and an Act of no.25 of 196622.This was an attempt to establish the
mechanism of accountability.23The Institution was made during the period of Arusha
declaration and the policy of socialism and self-reliance24.In this period the primary
function of the PCE under the Act was to investigate cases on mal administration of
the Government officials, therefore the commission had a power to call witness and

20
CHRAGG , (2015) , Individual report of the Tanzania national human rights institution submitted to
the human rights council under the universal periodic review mechanism.p.200.
21
Mwakisiki, M (2017), op.cit p.58
22
Permanent Commission of Enquiry Act of 1966
23
Mwakisiki, M (2017) op.cit p.59
24
Patrick, M (1973), The Tanzania Ombudsman, International and Comparative Law Quarterly pp
603-631
10
documents and search premises, the commissioners are immune from prosecution and
may not give evidence in court except on ground of lack jurisdiction. 25 The
commission had a jurisdiction in both Tanzania mainland and Zanzibar but such
jurisdiction in the year of 1984 it was only exercised in mainland Tanzania.26 So
through failure of PCE in performing their duties it led to establishments of CHRGG
in Tanzania through the amendments of 13th amendments of the Constitution of the
united Republic of Tanzania in 1977 under Article 129 to 13127.

2.1.2 The Commission for Human Rights and Good Governance (CHRGG)

Through the amendments of the 13th constitution amendments of 2000 introduced and
established the CHRGG repealing the former PCE, such amendments were to the
effect of repealing part 1 which now for CHRGG.28 Under Article 129 of the
constitution of united republic of Tanzania it provide the establishments of CHRGG
.29 The Commission plays a dual role of an ombudsman and as a human rights
commission, also this legislation authorized it to operate in both mainland Tanzania
and Zanzibar, But in May 2006, union Government authorities and Zanzibar officials
agreed that the quasi-government (CHRGG) would be permitted to operate in
Zanzibar.30 On the establishments of the CHRGG was through consultations between
various committees and commissions, one among of the commission on the
establishment of CHRGG was Nyalali commission ,during 1991 the Nyalali
commission prepare the report among other things on that report was recommended
that an independent institution should be established for protection of Human rights.31
The composition of the CHRGG are provided under Article 129 of the commission for
Human rights and Good Governance ,the Commission it had powers and function like
to promote and protect Human rights in the country as provided under Article 130 of

25
Leonard F. (2000) Human Rights Commissions and Ombudsman Offices; National Experience
throughout the World, Kluwer law international publishing programs, the hague, Netherlands pg.745
26
Mwakisiki M (2017) op.cit p.59
27
ibid
28
Ibid p.61
29
[Cap 2 RE 2002]
30
Mwakisiki, M (2017) Op.cit p.62
31
Kalekwa, Ph. (2014) op.cit p.12
11
the Constitution of United Republic of Tanzania.32 The commission play a big role
on receiving complaints on the matter of violations of Human Rights and it
recommends to the Governments for adherence ,despite that the Government is not
bind to follow that recommendations ,the CHRGG it fall both under NHRI and it is
ombudsman.33

2.2 Conceptualization of the Key Concepts

This part intended to define the key concepts which relate to Research problems such
concepts are: - Human Right, Commission for Human Right, Background to Human
Right Institution in Tanzania i.e. the PCE and CHRGG and then strength and weakness
of the CHRGG

2.2.1 Human Rights

These are rights which are inherent in our nature and without which we cannot live as
human being.34In other words, Human rights refers to the basic rights and freedoms to
which all humans are entitled as being humans and often held to include the rights to
life and liberty, freedom of thought and expression, and equality before the law. One
prominent scholar in Tanzania stated that human rights are not dependent on being
provided for in a particular legal document.35These rights are inherent and therefore
should be recognized, respected and enforced.36

Some of the case laws that tried to give the meaning of human rights are the case of
Rev. Christopher Mtikila v.AG,37This case has defined human rights and revealed
that it is fundamental rights are not gift from the state but inherent in person by reason
of his birth and are therefore prior to the state and law.

32
[Cap 2 RE 2002]
33
Kalekwa, Ph (2014) op.cit p.12
34
United nations,(1989), Teaching Human Rights , New York .p.5
35
Shivji, I, G, et al, (2004), op. cit p.77
36
Ibid.
37
[1995]TLR 31.
12
Also another Author define Human Rights to mean that are rights in which all Human
being are entitled, but Kalian and Kanzil further tried to provide six attributes which
explain Human rights ,that is human rights generate entitlements and those who are
subject to entitlements are individual and this rights can be claimed only against state
or quasi state bodies, and another this Human Rights are applicable in all situations
both peace and war, also Human Rights are granted globally ,but kalian and kanzli it
provide classification of Human Rights that is the first generations of rights are civil
and political rights, second generations are economic, social and cultural rights and
third generations are collective rights.38

2.2.2 Commission for Human Rights

The commission on human rights is a subsidiary body of the economic and social
council which was established under Article 68 of the charter of the UN to promote
human rights. 39

2.3 Legal Framework

This part elucidates on the legal framework, is where the researcher going to evaluate
different laws which governs the efficacy of the Government in implementing the
Recommendations made by the CHRGG in Tanzania, this will help to known the
establishments of the commission, composition of the commission, functions of the
commission, success, limitation and jurisdiction of commission. Through using two
laws that are constitution of united republic of Tanzania (C.U.R.T) CAP 2 RE 2002
and the commission for human rights and good governance Act. (Act no.7 of 2001).
The absence of clear legal framework may lead to controversies, of the CHRGG.

38
Shivji, I, G, et al, (2004), op. cit p.33
39
Mwakisiki, M.(2017), op. cit. p.58
13
2.3.1 National Legal Framework

The issue of CHRGG, are very important thus called upon the attention of the
legislation and must be approached with much care because it serious matter that deals
with human right people in the society, some of those legislation is: -

2.3.1.1 The Constitution of the United Republic of Tanzania of 1977

Constitution is the law of the land or is the mother law of almost every law enacted
within Tanzania and it has also provided for some notable issue about
CHRGG.40Under Article 129 of the C.U.R.T it provide for establishment of the
CHRGG and composition of the commission ,under Article 129(1) of the C.U.R.T
provides that “There shall be commission to be known as the commission for human
rights and good governance “. 41But under 129(2)(a)(b)(c) and (d) of the C.U.R.T it
provide for composition of the commission that shall consist of the chairman, who
shall be a person who possess qualification for appointment as a judge, the vice
chairman, who shall be appointed on the basis of principle if the chairman hails from
one part of the united republic ,that other person shall hail from other part of the united
republic, other commissioners not exceeding five who shall be appointed from
amongst person who possess skills, experience and wide knowledge in matters relating
to human rights, law, administration, political or social affairs but also there are
assistant commissioners.42

Also constitution under Article 130 it provide the function of the commission and the
performance procedures some of those functions of the commission are following;-To
sensitize countrywide about preservation of human rights and duties to the public in
accordance with the constitution and the laws of the land, to receive complaints in
relation to violation of human rights in general .43 Here there is a case of Ibrahim
Korosso &134 others together with LHRC vs. AG &others 14144“ whereby the

40
[ Cap 2 R.E 2002]
41
[ Cap 2 R.E 2002]
42
Ibid
43
Ibid
44
Ibrahim Korosso &134 others together with LHRC vs.AG &others 141(2005) HC, unreported
14
event which gave rise to the inquiry in this paper occurred in a village known as
remaining nyamuma which was located on the border of the Ikorongo game reserve,
immediately adjacent to the Serengeti national park in Tanzania ,sometime in October
of 2001 ,district official informed the villagers by loudspeaker that they must leave the
area and return to their original villages within four days, Two days after the notice
period had ended, the District commissioner himself self-fire to a house of one of the
villagers, initiating a violent eviction of the villagers by the burning of their houses
and fields, In the course of eviction, 132 households were displaced, villagers were
injured, livestock were killed, and families were scattered in the process, No
alternative land or housing was allocated to those evicted indeed, officials subverted
their efforts to findings housing elsewhere by encouraging neighboring villagers to
report their presence to district authorities, Evicted villagers were harassed by officials
and prevented from conducting business, effectively becoming internally displaced
people, The enforcement of the decision of the commission was seen to lack legal
binding and therefore not enforceable in law, Through this it causes the increase of
cruelty in Tanzania because the human right commission which is toothless baking
dog and in any way cannot save as a place where a victim of human rights abuse can
run to because the recommended issues remain unchanged. This was the famous case
when it comes on the matter of receiving complaints based on violations of human
rights as among of functions of CHRGG.45

Another function of CHRGG under Article 130 of the C.U.R.T are to conduct inquiry
on matters relating to infringement of human rights and violation of principles of good
governance, to conduct research to impart or disseminate to the public countrywide
education in respect of human rights and good governance.46 Also under Article 130(4)
of the C.U.R.T it provide that “the commission shall conduct inquiry in accordance
with the provisions of this Article and of any law enacted in that behalf by the
parliament, and shall inquire into the conduct of any person concerned or of any
institution concerned whenever the president directs to conduct inquiry likewise,
except as the president directs the commission not to conduct investigation the

45
Ibrahim Korosso &134 others together with LHRC vs.AG &others 141(2005) HC, unreported.
46
[ Cap 2 R.E 2002].
15
commission may conduct investigation whenever it deems necessary to inquire into
the conduct of any person concerned , or any institution concerned with the provisions
of this Article who is suspected or which is suspected to have abused the authority of
his office, misused the authority of his office or the functions of such institution or for
violation of human rights and principles of good governance. Therefore, the
constitution of the united republic of Tanzania explains about the establishment,
composition and function of the CHRGG.47

2.3.1.2 The Commission for Human Rights and Good Governance, Act no.7 of
2001

This piece of legislation is the one providing the matter of the CHRGG under section
7 of the commission for human rights and good governance Act it provide the
composition of the commission, the composition are the same that provided in Article
129 of the C.U.R.T.48

But section 6 of the CHRGGA provides the function of the commission as the same to
under Article 130 of the constitution of united republic of Tanzania. Some of those
functions that provided under this Act are:-To make recommendations relating to any
existing or propose legislation, to provide advice to the government and other public
organs and private sector institutions on specific issues relating to human rights and
administrative justice, to receive allegations and complaints in the violation of human
rights generally and to conduct research into humans rights, administrative justice and
good governance issues and to educate the public about such issues.49 Those are few
functions of the CHRGG, through conducting research and providing education to
people in the society it help to receive some complaints of violations of human rights
and make recommendations to the government and those recommendations it need
implementations in order to decrease the increase of violations of human rights in the
country.50

47
[ Cap 2 R.E 2002].
48
[Act no.7 of 2001].
49
Act no.7 of 2001.
50
Ibid.
16
Under section 15 of the CHRGGA provides power of the commission it provides that
“the commission has power to investigate any human rights abuses or mal-
administration, it may act in its own initiative or on receipt of a complaints or
allegations by an aggrieved person acting in such persons own interest. It can also
receive complaints or allegations from association acting in the interest of its members,
the commission can also hear a person acting in the interest of group or class of
persons, the commission also has authority, under the constitution and the Act to take
an act before any court and may seek any remedy which may be available from that
court.51

Under section 16 of the CHRGGA it provides limitation and restrictions of the

commission. The commission is also barred from investigating a matter which is
pending before a court or other judicial tribunal, a matter involving the relations or
dealings between the governments of Tanzania and the government of any foreign
state, a matter which the president directs otherwise in accordance with the provisions
of the constitutions. One of the jeopardy things within the Act is that the president can
stop the investigation at any moment in time, the president can direct in writing and
furnish the commission with reason for such direction and the commission will inform
the complaint of the decision and the reasons for it. So according to the CHRGGA it
shows composition, functions, power and limitations of the commission.52

Decision of the commission is in form of recommendations. It can make only

recommendations in pursuance to section 17(1) of the commission for human rights
and Good governance Act.53 Example in which in the court’s decision in Ibrahim
Korosso & 134 Others Together with Legal and Human Right Center. AG and
Others.54 The enforcement of the decision of the commission was seen to lack legal
biding and therefore not enforceable in law.

51
Act no.7 of 2001.
52
Ibid Section 16.
53
Ibid.
54
(2005) HC, unreported.
17
2.4 Conclusion

This chapter has ventured on the overview, conceptual and legal framework that a
found in the study on efficacy of the Government in implementing the
Recommendations made by the CHRGG in Tanzania. The background to the
commission, conceptual framework and legal framework has been explained. Also the
way the Commission for Human Rights and Good Government operate have been
pointed out. Furthermore, the limitation of this body on implementations of its
recommendations has been shown.

18
 CHAPTER THREE

RESEARCH FINDINGS, DATA ANALYSIS AND PRESENTATION

3.1 Introduction

This chapter intended to provide the research findings and Data Analysis on the
efficacy of the Government in implementing the recommendations made by the
CHRGG in Tanzania. The findings presented range from what was obtained through
field data collection involving the questions: -what are the recommendations that made
by the CHRGG to the Government? Is there legal institution framework responsible
for the implementation of recommendations made by CHRGG in Tanzania? To what
extend does the Government implement on the recommendations made by CHRGG?

The Researcher visited various areas like High court of Tanzania at Dodoma and on
the headquarters of the CHRGG at Dar es Salaam where she conducted research. The
researcher used semi structured interview to gather data from two commissioners of
the CHRGG and two senior lawyers from the CHRGG (on kinds of recommendations
that made by the CHRGG to the Government and those that implemented and the
Researcher use open ended questionnaires to gather data from one practicing who was
involved in enforcing recommendations of the CHRGG and only two advocate were
approached. These areas which were visited have been very usefully on efficacy of
CHRGG on implementation of recommendations made by it in Tanzania, hereunder
are the findings of this research. Before providing findings of this research, firstly it
shows strength and weakness of CHRGG: -

3.2 Strength and Weakness of CHRGG

3.2.1 Weakness of CHRGG

The Commission for Human Rights Good Governance replaced the Permanent
Commission of Enquiry which had a number of weaknesses. But still the Commission
for Human Rights Good Governance still leaves a room where public officials can

19
temper with its power:-55 Under section 7(2) of the Commission for Human Rights
Good Governance Act gives power to the President to appoint commissioners and
Assistant-Commissioners. The Act provides that The President shall, acting upon
recommendations of the Appointments Committee, appoint the Commissioners and
Assistant Commissioners.56 This gives room for the President who is a public officer
to appoint persons who will represent his interest and not the interest and will of the
majority. So the Commission for Human Rights Good Governance Act, just like its
57Also
predecessor gives room for public officials to temper with its power. the
president is not bound to follow the recommendations of the Appointments Committee
and there is no provision which binds the president to follow the recommendations of
the Appointment Committee.58

The President is also given powers to remove from office a commissioner as per
59A
Section 10 of the Commission for Human Rights Good Governance Act.
Commissioner may be removed from office only for inability to perform the functions
of his office, due to illness or to any other reason, or for misbehavior inconsistent with
the ethics of office or any law concerning ethics of public leaders.60 Also under Article
68 (5) of the Interim Constitution of Tanzania, 1965 provided that a member of the
Permanent Commission may be removed from office by the President only for inability
to discharge the functions of his office (whether arising from infirmity of body or mind
or from any other cause) or for misbehavior.61
This gives a room for the President to remove a member of the Commission who will
not stand for the interests of his office, also the procedures as stipulated under section
10(2) of the Commission for Human Rights Good Governance Act, still favour the
President since the tribunal for investigation is appointed by him.62

55
Mwakisiki, M. (2017op. cit. p.63.
56
[Act no.7 of 2001].
57
Ibid.
58
Ibid. Section 7 (2)
59
Ibid.
60
Mwakisiki, M.(2017), op. cit. p.64.
61
Ibid.
62
Act no.7 of 2001 op. cit.
20
The President can bar any investigation to a certain person also the President of
Zanzibar is exempted from any investigation by the Commission and the Commission
is also required to submit some reports to him, this is according to section 16 (1) of the
Commission for Human Rights Good Governance Act.63Also just like the former
Commission under section 14(1) of the Permanent Commission of Enquiry Act
provides that the President may stop the Commission to investigate things which
would be injurious to the public interests national security or International relations. 64

This gives room for the both President that is President of United Republic and
Revolutionary Government to not to be investigated in the actions which will involve
mal-administration in their offices.65 Also it gives power to the President to stop
investigation, this also gives room for the President to stop the investigations of the
Commission, so the President temper with its power.66
The Commission has no ability to make an order of command, It can make only
recommendations in pursuance to Section 17 (1) of the Commission for Human Rights
Good Governance Act.67 The Commission proceedings has the status of a
recommendation to the appropriate authority or person having control over the person
in respect of whose act or conduct- an investigation has been carried out.68 Also
Permanent Commission of Enquiry lacked any power or authority of its own and it can
only recommend to the President, whom it has no power to investigate.69
The recommendation of the Commission has no legal binding and can be neglected by
the public officials. This gives a room for the public officials to temper with the power
which the Commission has been given to protect and preserve the human rights and
investigations of violation of the human rights.70

63
[Act No 7 of 2001].
64
Mwakisiki, M. (2017), op. cit p.65.
65
Ibid.
66
Ibid.
67
[Act no.7 of 2001] op. cit.
68
Ibid.
69
Mwakisiki, M. (2017), op. cit. p.65.
70
Ibid, p.66.
21
The Act does not give the recommendation of the Commission a status of a court order
nor does the Act pronounces legal enforceability of the recommendations of the
Commission by the court, silence of the Commission for Human Rights and Good
Governance Act has led to human rights violations tycoons-the government to refuse
to compensate the eviction victims. This was observed in several cases including the
case of Ibrahim Korosso & 134 Others Together With LHRC v AG & Others.71
The enforcement of the decision of the Commission was seen to lack legal binding and
therefore not enforceable in law.72

Also The CHRGG delivered its decision in December 2004 in favour of the
complainants, ordering the government to pay a total amount of Tshs.890, 523,950/=
to the villagers as compensation for the foregoing order. The CHRGG also ordered for
reinstatement of villagers back to Nyamuma village. However the Government
through a letter from the Attorney General refused to comply with the foregoing
CHRGG recommendations.73

The special report of the Commission should be taken to the President but surprisingly,
in financial matters, the Commission is responsible to the parliament as provided under
section 30(1) of the Commission for Human Rights and Good Governance
Act.74Reports of the Commission are sent to the National Assembly through the
Minister and this may influence the content which is to be tabled before the National
Assembly. Also its predecessor under section 16 of the Permanent Commission for
Enquiry Act which provides that save as may be directed by the President; the
Commission shall not disclose the contents of any report made to the President. This
gives room for the President as public officer either to disclose or not to disclose the
report submitted to him by the Commission.75 If the President chooses not to disclose
the report submitted by the Commission to the public, the president will be tempering
with its power given to adjudicate all matter which relates with human rights and good

71
Ibrahim Korosso &134 others together with LHRC vs.AG &others 141(2005) HC, unreported.
72
Ibid.
73
Ibid.
74
[Act no.7 of 2001].
75
Mwakisiki, M. (2017), op. cit. p.66.
22
governance in Tanzania which is provided under the Constitution of United Republic
of Tanzania.76

3.2.2 Achievements of CHRGG

Commission for Human Rights and Good Governance has some success compared to
the little success of the Permanent Commission of Enquiry, The Commission for
Human Rights and Good Governance has power to institute proceedings in court and
seek appropriate remedy unlike the Permanent Commission of Enquiry.77

The Commission for Human Rights and Good Governance recommendations though
are not binding but it is given a room to bring the complaints to the High Court and
later to the Court of Appeal.78 The PCE had no power to institute a case before a court
of law, It was just an advisory body which only makes recommendations. 79Also the
Commission is not involved in the current activism of condemnation of death penalty,
there is no doubt that the Commission promotes and protects economic and social
rights. For example, where the manner through which the social evictions was carried
out was alleged to be violation of several economic and social rights, including the
right to housing, the right to food the right to property and the express denial of the
alternative settlement to the victims of the eviction, but the Permanent Commission of
Enquiry had not involved itself in various activisms.80
Also the commission raises awareness on the public on the functions and powers
vested and how can a citizens enjoy its services, in ensuring the good administration
to the people, the Commission creates awareness to them about general public
functions and powers vested to the agents or offices in their administrative machinery.
Therefore, ombudsman enables people to be aware on the maladministration.81

Therefore, the commission succeeds in investigating some of the complaints of the

citizens and recommending on necessary measures to be undertaken, through

76
Mwakisiki, M. (2017), op. cit. p.66.
77
Ibid
78
Ibid.
79
Ibid.
80
Ibid.
81
Ibid .p.67.
23
investigation, it enables them to come up with good conclusion, A good example here
is the investigation in the famous Nyamuma Village Case where, the commission
concluded that there were violations of human rights and principles of good
governance.82

The commission has resolved the disputes on its jurisdiction in Zanzibar and now it
has opened its offices in that part of Tanzania, the Commission expands its functions
so as to solve dispute within its jurisdiction, hence succeeds to that effect.83

Raising awareness on the general public, the public is now aware of various
maladministration practices which are done by the public officials, The Commission
has employed various means of communication such as Televisions, Radios,
Newspapers and moot courts, Unlike the PCE the Commission was not popular to the
public, the public was not aware of its function.84

3.2.3 Differences between PCE and CHRGG

The PCE had no power to institute proceedings in court and seek appropriate remedy
while the CHRGG has that power. 85 Appointment procedures in the PCE were
entirely relying on the powers of the President but in the CHRGG the President has to
make consultation with the appointment committee.86 The PCE was formed at the
period where there was no Bill of Rights in the Constitution and the state was under
single party system which hindered effective operation of it while the CHRGG is
operating in circumstances where by information can be derived from various political
sources.

82
Mwakisiki, M.(2017), Human Rights law in Tanzania ;A Students compendium ,Moshi co-operative
university, Moshi.p.67.
83
Ibid.p.67.
84
Ibid.
85
Ibid.
86
Mwakisiki, M.(2017), Human Rights law in Tanzania ;A Students compendium ,Moshi co-operative
university, Moshi.p.67.
24
3.3 Data Analysis

The data was analysed by means of qualitative data analysis, the respondents were
highly active in responding to the questions that were brought before them.

3.4 Research Findings

The following research findings are selected responses of just few of the many
respondents whose ideas and contributions shaped this research into what it is now.

3.4.1 What are the recommendations made by the CHRGG to the Government?

CHRGG urges the Government launch a comprehensive initiative including a vigorous

public awareness campaign on the right to life towards total abolition of the death
penalty. CHRGG recommend the Government of the united Republic of Tanzania for
continuing to exercise moratorium on the death penalty.87

The Government is urged to ensure all perpetrators of the attacks and killings of
persons with Albinism (PWA) and older women including the end users and
beneficiaries of the albino’s body parts are brought to justice enhance public awareness
campaign to stamp out superstitious beliefs and ensure availability of free health
services including sunscreen lotions, diagnosis and treatment of skin cancer. Ensure
social security and protections in providing to older persons including older women
who are prone to attack.88

Implement recommendations of an independent body such as CHRGG or any other

that investigate complaints against law officials , ensure that all the perpetrators of
extra judicial killings are prosecuted expeditiously the Government should Conduct
sustainable in service training on human rights to law enforcement agents.89

87
CHRAGG, (2015), Individual report of the Tanzania national human rights institution submitted to
the human rights council under the universal periodic review mechanism.p.203
88
Ibid. p .203.
89
Ibid, p.204.
25
The Government should ensure children in conflict with the law are separated from
adults, allocate adequate resources to criminal justice institution, The CHRGG
inspections revealed that 80% of children held in prisons and police cells are not
separated from adults, have limited access to legal representation and there are few
children facilities including transportation to and from court.90

The Government should allocate enough budget to education sector, pay teacher due
arrears and other payment, timely, implement fully the existing education policies.
Also CHRGG recommends for the state to continue allocating adequate resources to
enhance accessibility and quality education, employ, deploy and provide in service
training and train and employ appropriate teachers for pupils with special needs.91

The Government is urged to curb maladministration among the public officers

responsible for land use planning and management, as it had been stated earlier since
its establishment. Also it recommend that the state is urged to hasten land use
management plans for unplanned areas , conduct more awareness campaigns in land
right and engage the communities in the process of land acquisition92.

Also the CHRGG it recommended on the matter of those law enforcers on considering
the rights of children and it was recommended that guardians, teachers, public at large
and parents should be cooperated together to ensure wellbeing of children.93

When it comes on the matter of school girls recommended that those regulations and
laws that are enacted about a pregnant school girl should be permitted to return at
school after delivery.94

90
CHRAGG, (2015), Individual report of the Tanzania national human rights institution submitted to
the human rights council under the universal periodic review mechanism.p.203
91
Ibid
92
1bid
93
Ibid
94
Ibid
26
Also CHRGG it recommended that children should be given rights of expression on
different issues about the child in considering much on the best interest of the
children.95

CHRGG it play a big role on the issue of recommendations on the prohibition of the
child labour on the urban areas through emphasis to be included as one of agenda in
District development agenda96.

The CHRGG it recommended that in order to meet the contemporary situation the
matter of witchcraft and traditional practices should be controlled through the
witchcraft Act.97

On the matter of those persons who misuse the powers relating to land matter the
commission it recommend that disciplinary action should be taken against them.98

Also the CHRGG it recommended to the Government on the issues of accelerating

criminal investigations and determination of the cases but also on the circulation of the
rulings and proceeding through implementing this will help to enhance the
administration of justice.99

CHRGG recommends for the state to continue employing more judicial personnel,
enhancing use of mobile courts and strengthen ICT communication, providing public
legal education as per the legal Aid Act.100

CHRGG appreciate the progress made and recommend for mobilizing financial
support for continue implementation of the SDGs, consolidating gains of the
implementation of vision 2025.101

95
Ibid
96
CHRAGG, (2015), Individual report of the Tanzania national human rights institution submitted to
the human rights council under the universal periodic review mechanism.p.203
97
Ibid
98
Ibid
99
Ibid
100
Ibid
101
Ibid, p.3
27
The state is advised to amend section 42 of the police force and Auxiliary services Act
and Section 11 of the political parties Act, in order to realize the freedoms of
association and assembly provided under Articles 20 of the URT and Zanzibar
constitutions respectively.102

3.4.2 Are there Legal and Institutional Framework Necessary for the
Implementation of Recommendations made by it in Tanzania?

In responding to this question one of the respondents103, had this to say:-

"........There is no legal framework for implementation of recommendation but

there is legal framework that protect human rights from international level up
to domestic level , in international level are like international convention on
economic, social and cultural Rights (ICESCR), The Paris principles and in
domestic level there are Constitution of the United Republic of Tanzania,
CHRGGA and institution for protecting Human rights are higher court
provided under Article 108(1), court of Appeal provided under article 116(1)
of the Constitution of the United Republic of Tanzania and CHRGG, hence no
legal framework and institutional framework for implementation of
recommendation that made by CHRGG."

In the same trend another respondent 104, had this to comment:-

"......it had a view that the public perceptions is that the commission operated
independently without government interference however several members of
the public argues that the commission has weakness, including the violation
of the Paris principles on the independence of national human rights
institution, first the CHRAGG is barred from investigating the president and
secondary the president can direct the commission to Discontinue an

102
Ibid, p.7
103
Advocates involved in enforcing Recommendations of the CHRGG. The interview conducted on
13th October, 2022 from 0920Hrs to 1000Hrs at Dodoma
104
Commissioners of the CHRGG, the interview conducted on 17th October, 2022 from 1000Hrs to
1200Hrs at Dar es salaam
28
 investigation although he must provide a reason " if he consider that there is a
real and substantial risk that the investigation would prejudice matter of
national defence or security, thus far the president has no interfered with the
work of the commission.

Also, another respondent105, contribute on this aspect had this to comment:-

"..... In Tanzania on the issue of legal and Institutional of implementation of

recommendation that made by CHRGG , in some extent there is institutional
framework of implementing that is the Government rather that legal framework
because we have legal framework that protect human rights and not that
implement the recommendation, as we see in Tanzania the president it had
power to control anything in the commission it can stop to investigate any
matter at any time and can choose matter to be implement and that should not
be implement because the Government is the main violence in the issue of Good
Governance and human rights , hence sometimes CHRAGG it taken as
toothless because the Government choose recommendation to be implemented
and that not be implemented , as we see many recommendation provided to the
Government but not implemented this now, hence it cause commission to not
perform their work effectively hence violation of human rights are increased
every day."

From the above observation given by different respondents on the research question it
is plausible to comment that this research found that the implementation of
recommendation of CHRGG to Government should be taken in great extent need to
be checked and taken into consideration for peaceful of people in the society.

105
Senior lawyers of the CHRGG, on 17th October, 2022
29
3.4.3 To what extend does the Government implement the recommendations
made by CHRGG?

In responding to the question on this particular aspect one of the respondent106, to

whom the questionnaire was issued stated that;-

"......Between 2011 and 2015, CHRGG investigated twenty complaints on extra

-judicial killings, the CHRGG recommended among other that, the
Government should implement recommendations of an independent body such
as CHRGG or any other that investigates complaints against law enforcement
officials from such recommendation it seems clearly that most of the
recommendations are not implemented by the Government".

Likewise, another respondent was of an advanced view as to the previous

respondent107, on this aspect as she commented that;-

"..... Most of the recommendations are not implemented by the Government, it

is because the Government itself is one among the violators of the human rights
therefore it is not ready to be bound by the institution that was established by
itself, it will be a conflict of interest, and because the Government needs to
have wide discretionary to be able to rule and do what it thinks feet without
been barred by the Commission".

In another occasion another respondent108 , in responding to the question basing on

what the Government done on the recommendations that made by CHRGG had this to
say;-

"..... In some extend the Government tried to implement some recommendation

that made by CHRGG on the issue of pregnant school girls the Governments
play a big role to ensure that pregnant school girls after deliver should return

106
Commissioners of the CHRGG, the interview conducted on 17th October, 2022 from 1000Hrs to
1200Hrs at Dar es Salaam.
107
Commissioners of the CHRGG, the interview conducted on 17th October, 2022 from 1000Hrs to
1200Hrs at Dar es Salaam.
108
Senior lawyers of CHRGG, on 17th October, 2022.
30
 to school like other normal school girls and also the Government on their part
implement on the matter of criminal investigations and determinations of cases
, the Government implement this recommendations by announcing in the public
media that before crime taken to prison must be investigated in wide , so
According to him Government tried to implement some recommendations that
made by CHRGG despite not all but they tried their level best".

The above views given by different respondents and with due regard to majority of
them are conclusive indication that the researcher findings come to the conclusion that
it might be true that, the Government is not ready to be compelled by the decision
made by the commission because it knows that it will face difficulties in ruling and
exercising its discretionary powers.

3.5 General Observations

The gathered data brought the research to live by not only gathering opinions on
different aspects but also paving the way for new observations that were either
expected or totally unforeseen. The following are the major observations that were
obtained from the data gathered; -

3.5.1 On the matter of recommendation that made by the CHRGG to the

Government.

This was common among many of the respondents, they know that CHRGG it made
some recommendation to Government and different recommendation about on how
can solve different violation that are found in the society.

3.5.2 On the matter of legal and institutional framework that implement

recommendation.

Many if not all of the respondents saw that in Tanzania we have legal and institutional
framework that protect human rights and not the legal and institutional framework that
implement the recommendation that made by the CHRGG to the Government, but
some of respondents it provide that there is institutional of implementing the

31
recommendations that is the Government but in issue of legal framework of
implementation of recommendations are still not have.

3.5.3 On the issue of Government implementing those recommendations.

As could be imagined the public still lack faith in the Government , some of the
respondents it provide that most of the recommendations are not implemented by the
Government because the Government itself is one among the violators of the human
rights therefore it is not ready to be bound by the institution that was established by
itself, it will be a conflict of interest, and because the Government needs to have wide
discretionary to be able to rule and do what it thinks feet without been barred by the
commission.

The researcher’s findings come to the conclusion that it might be true that, the
Government is not ready to be compelled by the decision made by the commission
because it knows that it will face difficulties in ruling and exercising its discretionary
powers, so in order these recommendations to be implemented, the Government should
not be the one of the violators of the human rights.

3.6 Conclusion

This chapter dealt with research findings, data analysis and presentation. The
researcher has shown the data obtained, analysis and presentation the same. The
information received from respondents, the analysis and presentation of data have been
pointed out in this chapter.

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 CHAPTER FOUR

CONCLUSION AND RECOMMENDATIONS

4.1 Introduction

Implementation of Recommendation made by CHRGG perhaps will never be over

exhausted especially when the Government itself will not be among the violators of
Human Rights. Implementation of Recommendations made by CHRGG is very
important because will help to abolish violation of Human Rights and will maintain
peace and development in different sectors in the Country.

4.2 Conclusion

The Research was undertaken in Dodoma in particular to High Court of Tanzania at

Dodoma and Dar es Salaam in the Headquarter of CHRGG, because those places have
dense population which in turn has sourced the Research with adequate persons to
questions and interview.

The Research report almost it has four chapters in which chapter one it comprises: -
Background of the problem, statement of the problem, objectives of the study,
significance of the study, Research question, literature review, scope of the study,
Research methodology and lastly limitation of the study. Chapter two examine the
overview, existing legal principles, concepts and legal framework on efficacy of the
CHRGG on implementation of Recommendations made by it in Tanzania. Where
chapter three analysed the findings gathered from the research field.

In the statement of the problem this research justified its validity by aiming at
providing the answer of question related to efficacy of the CHRGG on implementation
of Recommendations made by it in Tanzania, so far as to affect changes on the status
quo by suggesting ways on how Government can implement those recommendations.

This purpose has to a large extent been met by this research revealed some issues
relating to the legal framework as well as the practice on implementation of

33
Recommendations that made by CHRGG which were not well addressed and
unrevealed as well as giving the way forward in the Recommendation part.

The specific objectives of the research were; to bring into light to known the
Recommendations that are made by CHRGG to the Government, to examine the legal
and institutional framework necessary for the implementation of recommendations
made by CHRGG and to find out the implementation done by the Government.

These objectives have squarely been dealt by this study respectively; -The researcher
in its findings revealed that, many of the Recommendations that made by CHRGG are
not implemented because the Government are the ones among of violators of Human
Rights.

The research was conducted basing on the research questions which were; what are
the recommendations made by CHRGG to the Government? Are there legal
institutional frameworks responsible for the implementation of recommendations
made by CHRGG in Tanzania? And to what extent does the Government implement
on the recommendations made by CHRGG,

These questions had place in this research as the findings came out with the position
on the same question respectively;-On the first question that concerning the
Recommendations that made by CHRGG to the Government, the findings indicate and
provide the recommendations that made by CHRGG to the Government.

In response to the second question the research revealed that there is no legal and
institution framework specific for implementation of Recommendations made by
CHRGG but there is legal and institution framework on protection of Human Rights.

In the last question on to what extent does the Government implement the
Recommendations made by CHRGG, it was discovered that many of the
recommendations are not implemented by the Government because the Government
are among of violators of Human Rights.

34
Perhaps certain areas were not touched in depth throughout the entire research report
apologies are dully issued, The aspect of implementation of Recommendations made
by CHRGG being a major topic of debate will always have so much to be said that not
even the minds will be able to advance it on their own, However as a society we should
stand up to fight in order the Government to implement all the recommendations that
made by CHRGG for protection of Human Rights and for our own sake and for the
sake of the future generations to come.

It is the credence of this research that persons from various walks of life will be able
to come together as one with common standpoint of seeing the implementation of
recommendations that made by CHRGG.

4.3 Recommendations

This research very much aims to initiate change of the current context to legislators’
policy makers, legal activists and Government institutions. This research offers the
following recommendations to different individuals depending on their partaking in
the matter at hand; -

4.3.1 Recommendations to the Legislators

Legislators through enacting laws that will help to insist the implementations of
recommendations made by CHRGG, the research recommends that the legislators be
up to date to cope with the changes of the society, they should consider the enactment
of legal and institution on implementation of recommendations that made by CHRGG.
This will make trust and peace to the people in the society, hence encourage
Development.

5.3.2 Recommendations to the Political Leaders

This study recommends to the political leaders to speak for implementations of

recommendations that made by the CHRGG, the research revealed that lack of political
willingness among the political leader is one of the factors that cause increase of trend

35
of violation of Human Rights, eventually end up of suspecting them to be among of
violators of Human Rights.

5.3.3 Recommendation to Legal Activists

The essence of these people is paramount for legal change. First of all, they should not
be discouraged by the challenges they face during their fight for implementations of
Recommendations made by CHRGG, but then again most importantly they should
involve the legislators in their findings and not only focus on criticizing them they
should try the same with politicians so as to all reach a common understanding and
eventually harmonize the situation.

5.3.4 Recommendation to the Government Institutions

Government should not be the among of violators of Human Rights, In order to bring
peaceful, trust to the people in the society, through this it will encourage development
and the Government will implement those recommendations that made by CHRGG.

36
 REFERENCES

Books

Shivji, I, G, et al, (2004), Constitutional and Legal System of Tanzania, a Civics

Source Book, Mkuki and Nyota, Dar es Salaam.

Kalin W, and Kunzli, J. (2009), the Law of International Human Rights Protection,
Oxford Press; New York.

Miles, M. B and Huberman, A. M (1998) An Expanded Source Book –Qualitative Data

Analysis.

Mtulya F, (2013), The Commission for Human Rights, its Role in the Protection and
Human Rights in Tanzania, Open University Law Journal.

Kothari, C. R (2004). Research Methodology; Methods and Techniques,2nd ed, New

Age.

Peter, C. (2006), Human Rights Commission in Africa –Lessons and Challenges,

Wilds, Websters New World Law Dictionary. Canada. Wiley. Hoboken

Mwakisiki, M. (2017), Human Rights Law in Tanzania; A Students Compendium,

Moshi Co-Operative University, Moshi.

Patrick, M (1973), The Tanzania Ombudsman, International and Comparative Law

Quarterly

Leonard F. (2000) Human Rights Commissions and Ombudsman Offices; National

Experience throughout the World, Kluwer Law International Publishing
Programs, The Hague, Netherlands

United Nations, (1989), Teaching Human Rights, New York.

37
Reports

CHRGG, (2015), Individual Report of the Tanzania National Human Rights Institution
Submitted to the Human Rights Council under the Universal Periodic Review
Mechanism.

Kalekwa Ph.D. (2014), Thesis on Protection of Human Rights in East African by

Human Rights Commissions; A case Study of Tanzania in Law of the University of
Dar es Salaam.

Adeline, F. On Challenges Facing the Commission for Human Rights and Good
Governance in Promoting and Protecting Human Rights in Tanzania, MDA
Dissertation, Mzumbe University, 2020.

Internet Sources

website:www.chragg.go.tz.

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 APPENDICES

Appendix 1

Questionnaire

Dear respondent, I am Tulalumba Mbangwa, a student at Mzumbe University Mbeya

Campus College pursuing Bachelor in Law. I am conducting a Research on efficacy
of the CHRGG on implementations of Recommendations made by it in Tanzania. I
assure you that the information here will be used for academic purpose only and all
your responses will remain confidential. I will be grateful if you will agree to
collaborate with me and give some of your time to answer a set of the Question I have.
I thanks for your time and hope for cooperation

1. Age of the respondent

a) 20 – 25

b) 26 – 35 ( )

c) 36 – 45

d) Above 46

2. Sex

a) Male

b) Female ( )

3. Level of education

a) Primary Level

b) College Level ( )

c) University Level

39
4. What are the recommendations that provided by the commission for Human
Rights and Good Governance in violation of Human Rights?

…………………………………………………………………………………………
……………………………………………………………………………………

5. What kinds of Recommendations that your known that made by CHRGG?

…………………………………………………………………………………………
……………………………………………………………………………………

6. Do you think there is legal institution framework responsible for the

implementation of recommendations that made by CHRGG?

…………………………………………………………………………………………
……………………………………….…………………………………………..

7. To what extent does the Government implement the Recommendations?

…………………………………………………………………………………………
……………………………………………………………………………………

8. Do you think what the effect if the Government do not implement those
recommendations?

…………………………………………………………………………………………
…………………………………………………………………………………….

40