The united republic of tanzania

5.9 Illicit Transfer and Non-Return (Art. 11)

113. The State Party has complied with the Article 11 of the Convention relating to the illicit transfer and non-return of children. This is in accordance with the sections 40 and 62 of the Law of the Child Act (2009) and the Zanzibar Children’s Act (2011), both of which prohibit unlawful child removal from the lawful custody of another person, an approved residential home or institution. However, Zanzibar is currently reviewing the Kadhi’s Court of 1985 so as to accommodate social, economic and cultural aspects.

114. In addition, the State Party enacted the Anti-trafficking in Persons Act in 2008, which by virtue of section 2(1) thereof applies to both Tanzania Mainland and Zanzibar. This law criminalizes, inter alia, illicit transfer or traffic in persons (including children) within and outside the jurisdiction of the State Party.¹⁷⁵

5.10 Abuse and Neglect (Art. 19), Including Physical and Psychological Recovery and Social Reintegration (Art. 39)

115. In its previous Concluding Observations the Committee recommended that the State party should:

(a) Strengthen its existing measures to prevent child abuse and neglect;

(b) Strengthen the capacity of the Children’s Desk within the Commission for Human Rights and Good Governance to investigate, review and respond to child rights complaints;

(c) Follow-up on recommendations of the Commission for Human Rights and Good Governance, which resulted from its public inquiry into violence against children;

(d) Consider establishing a toll-free, nationwide telephone helpline for children, resourced with well-trained professionals and volunteers; and

(e) Stimulate the creation of networks and partnerships aimed at eliminating violence against children.

116. The Committee also recommended that the State Party should use the outcome of the UN Secretary-General’s in-depth study on the question of violence against children (see General Assembly resolution 56/138) to take action, in partnership with civil society, to ensure the protection of every child from all forms of physical or mental violence, and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse.

117. In its efforts to implement Article 19 of the Convention and in compliance with the Committee’s foregoing recommendations, the State Party has conducted a Study on Violence Against Children (VAC) and the report¹⁷⁶ of the above mentioned study was launched, in respect of Tanzania Mainland, by Honourable Dr. Asha-Rose Migiro (UN Deputy Secretary-General) in August 2011. This is the first national survey of violence against children to be conducted in the State Party and it nationally represents a survey of 3,739 females and males of the ages between 13 and 24 years, based on a three-stage cluster household survey design. It was designed to yield separate estimates of experiences of sexual, physical, and emotional violence prior to turning age 18 for females and males in both parts of the State Party.

118. The VAC study report identified all forms of violence against children (Sexual, Physical and Emotional) and their underlying causes is a critical step towards developing Multi-sectoral National Prevention and Response Strategies and Policies to the better protection of the children within Tanzania. The study findings have enabled the State Party to commit itself towards developing a five years National Plan Action to prevent and respond to violence against children 2011-2016 by creating enabling policy and legislative environment to establish sustainable intervention to prevent and respond to any violence against children. There is also strong commitment by all stakeholders geared to:

1. 
   Reducing violence against children,
   
2. 
   Improving the quantity and quality of services for those who have been affected by violence against children,
   
3. 
   Mitigating the serious health consequences that result from such violence, and
   
4. 
   Re-affirming rights and dignity to Tanzanian children.
   

119. Towards this end, the result of Tanzania survey provide sound and validated evidence to inform the development of guidelines and regulations associated with implementation of the Law of the Child Act. In addition, the campaign on violence against women, children and people with albinism was conducted throughout the country with the support of Mobile Cinema, TV and Radio Programmes and community sensitization. Similarly, those who were involved in the killings were sued and some were accordingly sentenced. As a result, at a short period of time the act of killing albino was minimized to a large extent. Furthermore, a boarding school specific for albino children has been established in Misungwi District to provide safer and friendly environment for children with albinism to study.

120. In addition, the Commission of Human Rights and Good Governance (CHRAGG) on establishing Children’s Desk conducted a study on abuse of children and made several recommendations upon which the State Party undertook the following actions:

1. 
   Children’s Desk at SHRGG concerning violation and abuse against their rights has been established. Awareness raising is continued to be conducted to in relation to the existence of children’s desks and high number of complaints have been registered;
   
2. 
   Complaints are investigated and recommendations submitted to authorities for remedies;
   
3. 
   Children’s/Gender Desks have been established at Police Stations/Posts to perform consultation with children and communities to verify various mental and physical violence/abuse against children. The consultancies are conducted at private offices within Police Regional Offices. Children are given special treatment where their evidences are taken camera (confidentiality). Furthermore, advocacy campaigns through meetings, Radios, TVs, leaflets, brochures and placards play a big role in minimizing violence against children such as Female Genital Mutilation;
   
4. 
   The Tanzania Child Helpline is in the process of being established. Children will be able to report any violation acts against them.
   

121. In respect of Zanzibar, the Study on Violence Against Children (VAC) was launched by Honourable Ambassador Seif Ali Iddi (the Second Vice President of Zanzibar) in September 2011, which was also attended by Ms Marta Santos Pais (Special Representative of the UN Secretary-General on Violence Against Children). To address the issue of child abuse and neglect Zanzibar has established the Child Protection Unit. It has developed and established the following:

1. 
   Multisectoral Implementation Plan on Violence Against Children;
   
2. 
   Shehia District and Regional Committees dealing with Gender Based Violence and Children;
   
3. 
   Counseling Units under Department of Women and Children Development and Social Welfare;
   
4. 
   One Stop Centre under the Ministry of Health at Mnazimmoja Hospital dealing with child victims of violence whereby Officers from Police, Lawyer, Counsellor and Medics; and
   
5. 
   National Guidelines for the Protection and Welfare of Children.