COMMITTEE EXAMINES REPORTS OF TANZANIA ON OPTIONAL PROTOCOLS TO CONVENTION ON RIGHTS OF CHILD
The Committee on the Rights of the Child today reviewed the initial reports of Tanzania on how that country is implementing the provisions of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
In opening remarks to the Committee, Margaret S. Sitta, Minister for Community, Development, Gender and Children of Tanzania, said, with regard to the Optional Protocol on the involvement of children in armed conflict, that the Government was in the process of amending laws related to children in order to incorporate the international convention into local legislation. Such legislation included the National Defence Act, which stipulated that the age of recruitment of persons into the Armed Forces was 18 years. The Government had also established criteria for recruitment that required checks on the genuineness of birth certificates of applicants; the issue of apparent age was no longer acceptable.
The Government of Tanzania was also in the process of reviewing all laws related to the Optional Protocol on the sale of children, child prostitution and child pornography, including acts on marriage and adoption, Ms. Sitta said. Government efforts to curb trafficking had included advocacy and awareness creation on trafficking issues, and a support project to combat trafficking which served to enhance institutional capacity and training for relevant non governmental organizations, law enforcers, prosecutors and justice service providers. Other protection measures for victims included the Time Bound Programme for the elimination of the worst forms of child labour, which provided children withdrawn from exploitation with rehabilitation, counselling, formal education and life skills training.
In preliminary concluding observations, Committee Expert Jean Zermatten, Rapporteur for the report of Tanzania on the Optional Protocol on children in armed conflict, welcomed the information that the language in the recruitment law would be amended to ensure that no one under 18 was recruited in the Armed Forces. Among continuing concerns that would figure in the recommendations were the issues of data collection; the identification of former child soldiers on the territory of Tanzania; and the question of the criminalization of recruitment of children under 18, so that extraterritorial jurisdiction could be introduced for such crimes.
In additional concluding observations, Committee Expert Agnes Akosua Aidoo, Rapporteur for the report of Tanzania on the Optional Protocol on the sale of children, child prostitution and child pornography, said, among concerns, research had been highlighted, and the Committee was glad Tanzania had committed itself to do the necessary research to inform its policies and actions. It was also noted that an active process of law review was ongoing in both Mainland Tanzania and Zanzibar which would take account of the Committee's concerns. While recognizing that legal reform took time, the children of Tanzania could not wait; it was hoped that the law would be clarified very soon, with regard to definitions in the law and others.
The Committee will release its formal, written concluding observations and recommendations on the reports of Tanzania towards the end of its three-week session, which will conclude on 3 October.
Also representing the delegation of Tanzania were Matern Lumbanga, the Permanent Representative of Tanzania to the United Nations Office at Geneva, and other staff from the Permanent Mission; other members of the Ministry for Community, Development, Gender and Children; and representatives of the Ministry of Defence and National Service; the Ministry of Justice and Constitutional Affairs; the Ministry of Labour; the Ministry of Health and Social Welfare; the Ministry of Youth, Women and Children's Development of Zanzibar, and the Director for Women and Children of Zanzibar.
As a State party to the two Optional Protocols to the Convention, as well as one of the 193 States parties to the Convention, Tanzania is obliged to present reports to the Committee on its efforts to comply with the provisions of those treaties. The delegation was on hand to present the report and to answer questions raised by Committee Experts.
When the Committee next reconvenes in public, at 12.30 p.m. on Friday, 3 October, it will make public its concluding observations on the reports considered over the past three weeks before officially closing its forty-ninth session.
Reports of Tanzania
The initial report of Tanzania under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/TZA/1) says that armed groups do not operate in or from the territory of the country. Although in exceptional circumstances the law allows for the recruitment of persons under the age of 18 years, in practice there has been no such recruitment, and no members of the Tanzania People Defence Forces are under 18. The Defence Forces are manned solely by volunteers and there is no conscription. A person is eligible for enrolment in the Tanzania Defence Forces if he or she is: a citizen of Tanzania; of “good” character; of the “apparent” age of 18 years; and has completed secondary education. No schools are operated by, nor are under the control of, the Tanzania People's Defence Forces. No armed groups operate in or from Tanzanian territory. Tanzania also prohibits refugees from engaging in activities that may compromise civilians and which are contrary to humanitarian laws, such as recruiting soldiers. The Government of Tanzania, together with the United Nations High Commissioner for Refugees, jointly operate a separation facility for any subversive activities. This is to ensure that refugee designated areas maintain a civilian and humanitarian character. Since Tanzania has not recruited or used persons in hostilities contrary to the Optional Protocol, there are no measures in place with regard to disarmament or demobilization or for the physical and psychological recovery and social reintegration of soldiers.
Under the laws of Tanzania, the trafficking of all persons is prohibited, as are child prostitution and pornography. However, current provisions lack precise definitions and do not cover all of the elements and forms of trafficking, prostitution and pornography detailed either in the Optional Protocol or in other international Protocols, says the initial report of Tanzania under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/TZA/1). In addition, legal redress is lacking: despite the fact that the trafficking of all persons has been a criminal offence since 1998, no case of trafficking has been brought before the courts to date. The mainland of Tanzania has, however, drafted a new comprehensive Anti-Trafficking of Persons bill to be tabled in the National Assembly by the end of 2006. The little information available suggests that Tanzania is a source and possibly a transit country for children trafficked for forced labour and sexual exploitation to South Africa, Europe and the Middle East. There is also visible mobility of children around and within the country, with children being internally trafficked from rural to urban areas to work as domestic servants and in nightclubs and bars. Intercountry adoption is currently discouraged, since there are no mechanisms for screening and legally monitoring the adoption process and, without these in place, children may be at risk of trafficking, sexual exploitation and pornography. There is also very limited data on the nature and extent of commercial sexual exploitation of children in Tanzania. ILO's Rapid Assessments of 2001 and 2003 revealed that most of the children involved in prostitution in the country were girls aged between 9 and 17 years old; over half of the children (five or 55.6 per cent) engaged in prostitution were orphans; and two (22.2 per cent) were living in female-headed households. In terms of protection of child victims, for trials involving sexual offences (e.g. child pornography and prostitution), in camera proceedings are mandatory. The law also prohibits the publication of evidence or details of witnesses.
Presentation of Reports
MARGARET S. SITTA, Minister for Community, Development, Gender and Children of Tanzania, said that, despite various measures taken by the Government of Tanzania to promote and protect the rights of children, many and varied challenges such as poverty, poor infrastructure and inadequate financial and human resources still remained. However, with the political will and presence of justice institutions and ministries that cater for children's issues, Tanzania was making positive progress.
Tanzania acceded to the Optional Protocol on the involvement of children in armed conflict in November 2004 and the Optional Protocol on the sale of children, child pornography and child prostitution in April 2003, Ms. Sitta recalled. The reports under those Optional Protocols were the result of a consultative process with various stakeholders, including State and non-State actors, led by the Ministry of Community Development, Gender and Children for Tanzania Mainland and the Ministry of Labour, Youth Development, Women and Children of Zanzibar.
Ms. Sitta noted that the Government had put in place a legal framework to protect children from all forms of exploitation. Those included the Employment and Labour Relations Act No. 6 of 2004 and Zanzibar (2005), which protected children from the worst forms of child labour, including sexual exploitation. The Anti-Trafficking in Persons Act of 2008 also prohibited the exploitation of persons including children. The Government had also put in place various strategies, including the National Strategy for Growth and Reduction of Poverty in 2005. That strategy aimed at reducing child labour, including sexual exploitation of children.
A Plan of Action for the Prevention of Violence against Women and Children (2001-2015) had also been developed, Ms. Sitta said. It aimed at having a society free of physical, psychological and sexual violence against women and children by the year 2015. On the other hand, the Government was currently implementing the legal sector reforms programme, which addressed human rights issues and particularly those of juvenile justice.
The Government was committed to address the issue of children's welfare. For instance, in the budget allocation for 2008/09, education was given priority with 18.3 per cent of the budget. On top of general educational provisions, in order to capture children who were out of formal primary schools for various reasons, in 1997, the Government had established a Complementary Basic Education in Tanzania. The programme aimed at providing opportunity for out-of-school children to access quality basic education, life and survival skills and a route back to normal life. Specific emphasis was given to girls to give them a second chance, given their different vulnerable situations that had led them to either drop out of school or to not be enrolled, Ms. Sitta highlighted.
In view of the need for increased awareness of violence, the Tanzania Police Force had formed the Tanzania Police Female Network on Violence against Women and Children, Ms. Sitta continued. On the other hand, the Ministry of Community Development, Gender and Children had formed a Task Force involving various stakeholders to address issues of violence against women and children. In addition, Tanzania mainland was in the process of establishing a Commission on the Rights of the Child that would be tasked with follow-up of the implementation of child rights. Zanzibar had established a National Child Rights Committee in 2004.
Turning to measures to put into effect the two Optional Protocols, Ms. Sitta said, with regard to the Optional Protocol on the involvement of children in armed conflict, that the Government was in the process of amending laws related to children in order to incorporate the international convention into local legislation. Such legislation included the National Defence Act, which stipulated that the age of recruitment of persons into the Armed Forces was 18 years. The Government had also established criteria for recruitment that required checks on the genuineness of birth certificates of applicants; the issue of apparent age was no longer acceptable. In tandem, the Registration of Insolvency and Trusteeship Agency was currently sensitising the general public in the whole country on the importance of birth registration and was also registering those who had not yet been registered.
Ms. Sitta noted that Tanzania had not experienced conflict since ratification of the Optional Protocol on the involvement of children in armed conflict, hence the question of armed groups did not arise. However, they were faced with the problem of unaccompanied asylum-seeking refugees and migrant children coming to Tanzania from areas affected by armed conflict in the Great Lakes Region. Tanzania worked closely with Office of the United Nations High Commissioner for Refugees to ensure that refugee children who might have been involved in armed conflict in their conflicts were given support through rehabilitation programmes in order to reintegrate them into society. The Government, in collaboration with UNHCR, also operated a separate facility for any subversive activities, to ensure that refugee-designated areas maintained a civilian and humanitarian character.
The Government was also in the process of reviewing all laws related to the Optional Protocol on the sale of children, child prostitution and child pornography, including acts on marriage and adoption, Ms. Sitta said. Tanzania prohibited the sale of children, child prostitution and child pornography under the Mainland Penal Code, as amended, and the Zanzibar Sexual Offences Special Provisions Offences Act of 1998.
Government efforts to curb trafficking had included advocacy and awareness creation on trafficking issues, Ms. Sita added. The Government, with the support of the International Organization for Migration, had established a support project to combat trafficking, which served to enhance institutional capacity and training for relevant non governmental organizations, law enforcers, prosecutors and justice service providers.
Other protection measures for victims included the commitment by the Government to eliminate the worst forms of child labour by 2010. The Time Bound Programme for the elimination of the worst forms of child labour, among others, provided children withdrawn from exploitation with rehabilitation, counselling, formal education and life skills training for income-generating activities. Children wishing to be united with their families and communities were also supported and monitored closely, Ms. Sitta said.
Discussion on the Optional Protocol on the Involvement of Children in Armed Conflict
JEAN ZERMATTEN, the Committee Expert serving as Rapporteur for the report of Tanzania on the involvement of children in armed conflict, said among positive points were the number of ratifications related to the Optional Protocol, including, in 2001, the International Labour Organization Convention No. 182 concerning the prohibition of the worst forms of child labour; and in 2002, both the Rome Statute and the Ottawa Convention on the elimination of land mines.
Mr. Zermatten noted that Tanzania was a legally dualist country, which meant that it had to adopt national legislation to ensure the provisions of international treaties were in force. He had seen no progress in that, in particular he had seen no progress in the adoption of the Children's Act, which had been promised back in 2006, and which would cover the Convention and its Protocols.
It had been suggested by the Committee in 2006 that better coordination was needed in regard to children's affairs. While some progress had been made, notably with the establishment of the Ministry for Community, Development, Gender and Children of Tanzania, more was needed. They had also planned to establish a body to draft reports under the treaties in coordination with the non governmental organizations. Had that been done? Another coordination issue that was not reflected in the report had to do with coordination between central and local authorities. A further issue was the coordination between Zanzibar and Tanzania Mainland. He would appreciate clarification on coordination mechanisms in all of those areas.
Noting the legislation in place regarding recruitment, Mr. Zermatten pointed out that the wording, which provided for recruitment at the "apparent age" of 18, as well as provisions for exceptions, opened the door to the recruitment of under age volunteers. In that connection, the rate of birth registration was very low in Tanzania, 19 per cent, with only 11 per cent of children registered in rural areas. The report did not provide information on what was being done in this area and, rather, drew attention to the challenges low birth registration raised. This was a serious concern.
Moreover, Mr. Zermatten observed that the act of recruiting children under 18 years old was not criminalized, either in the Penal Code or in the Military Law. That was one of the requirements under the Protocol.
On unaccompanied asylum-seeking children, Mr. Zermatten welcomed the figures, broken down by nationality, provided in the supplementary report supplied by the delegation. The figures showed that this was indeed a problem area. The issue of asylum-seeking children affected by armed conflict thus remained a serious area of concern. He asked what measures had been put in place to identify such children, to collect data on them and to provide rehabilitation services for them?
Other Experts then asked for further information or posed questions on a number of topics, including whether the Human Rights Commissioner of Zanzibar had jurisdiction over the Armed Forces, and the ability to look at cases involving child soldiers; the slow progress on the Children's Act and a timetable for its adoption; whether peace education was part of the national curriculum, and if children were taught about the Optional Protocol; protection for children fleeing armed conflict in neighbouring countries from being re-abducted by the armed groups that they had fled from; whether there were bans on sales of arms to countries where children were involved in armed conflict; why the report did not follow the Committee's guidelines; a lack of definition of “direct participation” in the legislation of Tanzania, and what was meant by the assertion in the report that that concept was defined in practice; and a lack of psychological recovery programmes for children who had been involved in armed conflict.
Response by Delegation
Responding, on the issue of voluntary enlistment requirements, including "apparent age", the delegation said that there had been no actual recruitment under that provision. But, as this was now an issue, there was a special Committee formed to review the Defence Act, in particular this section, and that the language on "apparent" age would be removed.
As for recruitment of children in armed groups, the delegation said that there were no such groups in Tanzania so far. However, the Constitution prohibited the raising and maintaining of armed groups in Tanzania and if anybody did so they would therefore be committing treason. Whether such groups recruited children or not, they would be prosecuted under the law.
In a follow-up comment, an Expert pointed out that criminalization would provide for extraterritorial jurisdiction, for example if a Tanzanian national recruited a child for an armed group outside of the country or if a Tanzanian child was recruited outside of the country. Here, the delegation pointed out that Tanzania was a member of the International Criminal Court, and therefore this issue would be covered under those rules.
As for the "exceptional circumstances" language in the Defences Act, that allowed for recruitment under the age of 18, the delegation noted that such circumstances had never arisen so far. Moreover, that language was also to be removed following a review of the Act.
On arms exports, the delegation said that Tanzanian laws prohibited the export of arms to countries in which children were participating in armed conflict. It should also be understood that Tanzania did not manufacture arms. Furthermore, Tanzania did not allow the transport of arms through its ports to countries where children were participating in armed conflict. The Armed Forces did sometimes provide escorts for legal arms exports, to ensure that the arms did not fall into the wrong hands.
A national coordination committee had been set up already to ensure the harmonization of domestic laws with international conventions and protocols to which Tanzania was a party and to ensure domestication of the treaties. The committee had already started working on various children's laws, the delegation affirmed.
The delegation noted that the National Human Rights Commission was completely independent; it was a creature of Parliament. The Human Rights Commission had the full mandate to undertake investigations for children and to take them against any ministry or government department.
Referring to delays in the adoption of the Children's Act, the delegation underscored that there had been a need to undertake consultations with stakeholders, which had taken some time. Following those reviews, it had been decided not to adopt a single piece of children's legislation, but rather to amend the existing legislation, taking into consideration the Convention and the Optional Protocol. To clarify, at the moment, they were going ahead with those amendments to existing legislation; however, there were still consultations ongoing on whether there was a need for a Children's Act.
On coordination at the national Government level, the delegation said that, once the National Commission was formed, that would be above the level of the various ministries that were working on crosscutting children's issues. As for coordination between local and national levels, there were committees dealing with child rights right up to the smallest local level, which was coordinated up to the district, regional and finally the national level.
The national curriculum was already inclusive of children's and human rights, the delegation said.
To improve birth registration, the delegation pointed out that the recently established Registration of Insolvency and Trusteeship Agency, which had branches throughout the country, had carried out an awareness-raising campaign, as well as registering births, throughout Tanzania. The process had been streamlined. Previously the registration process had taken three months and longer. Now it had been cut down to 2 weeks. At present, they did not have mobile registration units. But that was an area they could look into.
Concerning identification of former child soldiers seeking asylum, the delegation recognized that Tanzania had a problem with data. They were working on putting together a national database that would give them disaggregated data on children, including refugee children. It was difficult for them to say how many of the asylum-seeking children were involved in armed conflict; they only had global figures of asylum-seeking children by country of origin at the moment.
Child refugees were treated as all refugees were. In doing so, Tanzania was working "hand-in-glove" with UNHCR. Refugee children received education and the other services they were entitled to, the delegation underscored. As for those refugees that broke the law, they were dealt with according to the law within the framework of the tripartite arrangement, i.e. the country of origin, Tanzania and UNHCR. Concerning a reported increase in rapes and sexual violence in refugee camps, the delegation said that, the Government, in conjunction with UNHCR, had put a number of measures in place to deal with that. There were police depots in all refugee camps, as well as policing groups made up of refugees themselves. However, they could not prevent all the incidents from occurring.
On "direction participation" in hostilities, it meant directly and actively taking part in the actual combat, the delegation said. It was not defined in law. It was more a matter of practice.
Preliminary Concluding Observations
In preliminary concluding observations, Committee Expert JEAN ZERMATTEN, Rapporteur for the report of Tanzania on children in armed conflict, thanked the delegation for their replies and for the indication that they intended to align their domestic legislation with international laws in general, and particularly in line with the Convention on the Rights of the Child and its Optional Protocols.
A point that had caused difficulty for the Committee was the language in the law to ensure that no one under 18 was recruited in the Armed Forces. That issue should be solved, and the information that the law would be amended to exclude exceptions was welcome. Another area of concern was birth registrations, and here the Registration of Insolvency and Trusteeship Agency was expected to yield favourable results. Among continuing concerns that would be the subject of the Committee's recommendations were the issues of data collection; the identification of former child soldiers on the territory of Tanzania; and the question of the criminalization of recruitment of children under 18, so that extraterritorial jurisdiction could be introduced for such crimes.
Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
AGNES AKOSUA AIDOO, the Committee Expert serving as Rapporteur for the report of Tanzania on the sale of children, child prostitution and child pornography, noted a number of positive aspects with regard to implementation of the Optional Protocol, including legislation such as the Anti-Trafficking Persons Act, 2008, which also covered children, and the Employment and Labour Relations Act No. 6 of 2004 by the Mainland and the Employment Act 2005 by Zanzibar, which provided legal prohibitions for employment of children under 18 in hazardous work and also in night work. Also noteworthy were the legal reviews currently under way for the Marriage Act, the Sexual Offences Act, the Children and Young Persons Act, and the Adoption Act. Speedy action was encouraged on updating those laws in line with the Optional Protocol. Further positive achievements were the ratification of ILO Conventions Nos. 138 (on the minimum age for employment) and 182 (on the worst forms of child labour) and the translation of the Optional Protocol into Kiswhaili.
A key issue was that, in the report, there were no data and related analyses of the magnitude, extent, distribution and trends, especially on the offences of the sale of children and child pornography. She took on board the comments and assurances by the delegation that databases were currently being worked on, but it was an area that had to be prioritized, Ms. Aidoo underscored.
There was a real problem in the definition of the offences under the Protocol. As far as she could see, trafficking seemed to be equated with the sale of children, child pornography and child prostitution in the report. The definitions in the legislation cited in the report did not correspond with those given in the Optional Protocol, Ms. Aidoo noted.
Ms. Aidoo was also concerned that the report contained no information on a specific national plan of action, with a timetable for implementation, on all the areas covered by the Optional Protocol, and asked for more information. A further concern was that, by all accounts, including the report, the Optional Protocol and the Convention itself were not well known. Therefore the Protocol was not influencing policies enough or producing a positive change in attitudes on the rights of children in the family, local communities, schools and among professionals. For example, while the Convention and the Optional Protocols had been translated into Kiswhali, the report acknowledged that training for professionals who worked with children affected by the offences under the Optional Protocol was "extremely limited", and she asked for the delegation to comment.
In addition, there was no information in the report on the financial and human resources available for the implementation of the Optional Protocol. Ms. Aidoo asked for information on that issue, as well as whether resources would be earmarked for children's protection in the national budget.
Final issues of concern were birth registration, which was extremely low and made children extremely vulnerable, and a lack of information on raising public awareness about the offences and harmful effects of the sale of children, child prostitution and child pornography, as well as sex tourism. This was particularly worrisome given the disturbing picture painted by the little information they had, including a 2007 non governmental organization study that indicated a serious situation of sale of children, especially girls for domestic service, work as barmaids and for sexual exploitation; there were also reports that gender-based violence, including rape of girls, and forced and early marriages were on the increase; and that a high rate of teenage pregnancy appeared to be forcing many girls out of school. Moreover, another non governmental organization, the Legal and Human Rights Centre, in a recent press conference, emphasized that child abuse and violence against women and girls were the leading areas of human rights abuses in the country, and that ritual killings were on the increase.
In conclusion, on refugees, Ms. Aidoo asked if there was any information or evidence of refugee children being trafficked into prostitution or forced labour.
Committee Experts then raised a number of questions on topics, echoing concerns on a lack of a definition of sale of children or child pornography in domestic law; and asking for details of measures to provide assistance to child victims of sexual exploitation; whether preventive programmes were targeted to poor and single-parent households; and why there was a lack of criminal cases brought on child trafficking. Other concerns included reports that the only prosecutions brought in cases of child prostitution were brought against the children themselves, rather than against their pimps; sex tourism, and measures to combat that phenomenon; the full scope of legal protections for child victims, including videotaping of testimony, and whether such protections were mandatory; more information on the issue of the sale of children for ritual sacrifice; and whether Tanzania had now ratified the Hague Conventions on international adoption. Experts said they had had reports that children from refugee camps were being obtained for sale for adoption and therefore asked about data on cases brought against perpetrators of such crimes and whether there was prevention education for children to protect them from that practice.
An Expert noted that Dar es Salaam had a reputation for having a large number of child prostitutes. She had heard that there were occasional police actions to crack down on such practices, but that the children often were ill-treated as a result, and she asked for details of such police raids.
Response by Delegation
Responding to these questions and others, the delegation said, on the issue of a lack of data, that support was needed in this area both in terms of human and financial resources.
As for the definition of the offences under the Protocol, the delegation said that measures had been taken in legislation to prohibit pornography, prostitution and sale of children, and a review of existing legislation was currently under way with a view to domesticating the provisions of the Protocol. The concerns voiced by the Committee today would be taken on board during the review process.
Concerning a national action plan on the Protocol, there was a plan of action to implement a World Fit for Children by 2015, the delegation said. What would be done was to review that plan of action to include the Optional Protocols. Tanzania simply did not have the resources to have a separate plan of action on each area relating to children.
On budgeting for children, the delegation said the budget targeted money for children's issues generally, which would include areas under the Optional Protocol. There was a public expenditure group that was tasked with analysing the budget allocations on children's issues in general. That report was ready, but was not yet made public.
The delegation said that they were not aware of any cases of sale of children, but the Government would work with the police and others to follow up on any reports of cases. In that regard, they would appreciate copies of the reports alleging cases of sale of children.
There was still a problem with the issue of early marriages. The Government was dealing with this by prosecuting the parents and perpetrators of such marriages. Awareness-raising on the dangers of early marriage was being carried out hand-in-hand with the prosecutions, the delegation underscored.
In view of the Albino killings, the State was terrified by that trend. It commended the media for reporting on that issue, and the Legal and Human Rights Centre for preparing a study on it. For its part, the Government had formed a task force on the protection of Albinos with a number of stakeholders.
Under the Mainland Penal Code and the Zanzibar Sexual Offences Special Provisions Offences Act the Government had brought cases against those involved in child prostitution. The Government carried out raids on brothels and if it was found that child prostitutes were working there, the perpetrators for those crimes were prosecuted. The term of imprisonment for that crime was 30 years. The delegation was not aware of any cases of prosecutions being brought against the child victims, and would appreciate information on those accusations so that they could be looked into.
It was not true that there was impunity for police officers, the delegation underscored, citing the case of a former police chief who was currently under investigation for murder. If there were reported cases of violence by police officers against children, then they would be investigated and the police officers charged accordingly.
The Ministry of Health and Social Affairs in coordination with the High Court of Tanzania handled adoption matters. There were so many requirements that a person had to meet before they could adopt a child, including the best interest of the child, to ensure that children were not adopted for purposes of prostitution. Tanzania observed the Hague Convention provisions in adoption matters, the delegation said.
In a follow-up question, Committee Experts pointed out that Tanzania had not yet ratified the Hague Convention on Intercountry Adoption, so clarification was asked for. The delegation then clarified that, while Tanzania had not yet ratified that convention, it was implementing some of the measures in it already. It was also stressed that, under the current regulations, it was not possible for persons to exploit the adoption process in Tanzania for profit.
Regarding orphans, and the targeting of protective or preventive services for them to keep them from becoming victims of violations under the Protocol, the delegation said that, given the HIV/AIDS phenomenon the issue of orphans was a serious one in Tanzania. Currently, Tanzania had a plan that was being worked out by the Ministry of Health and Social Welfare that was targeting vulnerable children, including orphans. In that area, the Government was working with non governmental organizations and different religious groups. Owing to the vastness of the problem, the Government could not do it alone.
It was possible that there was sex tourism in Zanzibar, but without any research or data, no one could say what the scope or magnitude of that problem was. However, the delegation would take back this concern as a matter for serious consideration.
On coordination of legal reforms between Zanzibar and Mainland Tanzania, the delegation noted that the legal review currently under way in the Mainland to ensure domestic legislation was in line with the Optional Protocol and other international commitments were simultaneously being carried out in Zanzibar. Those activities were being coordinated by the two ministries involved (the Ministry of Community Development, Gender and Children for Tanzania Mainland and the Ministry of Labour, Youth Development, Women and Children of Zanzibar), which had a coordination committee to review implementation.
The delegation took note of the Committee's concerns regarding a lack of extraterritorial jurisdiction for violations of the Protocol, and would take this issue into consideration during its ongoing review of legislation on children.
As for training, there was training for peacekeeping troops on the provisions of international human rights instruments, including the Optional Protocols, the delegation affirmed. There was currently no such training for regular troops, but they were looking at expanding training to include this area.
In response to questions involving the alleged "clearing" of child prostitutes from Dar es Salaam by the city authorities, the delegation noted that the Police and local authorities from time to time carried out operations with regard to brothels. The target was not children, but to deal with the problem of prostitution in general.
It appeared that what the reports were referring to was not operations on brothels, but operations rounding up street children. When that was done, they were handed over to non governmental organizations, which were entrusted with their care to rehabilitate and help them, not to harm them, the delegation stressed.
Preliminary Concluding Observations
In additional preliminary observations, Committee Expert AGNES AKOSUA AIDOO, Rapporteur for the report of Tanzania on the sale of children, child prostitution and child pornography, said they had had a frank dialogue in which a lot of information had been provided by Tanzania, as well as issues raised for clarification by Experts. She welcomed the expression of goodwill by the delegation to take action on a number of issues that had been discussed. She also hoped that the political will and international assistance would be available to allow the Government to expand its international protections for children who were victims of crimes under the Optional Protocol.
Among concerns, research had been highlighted, and the Committee was glad Tanzania had committed itself to do the necessary research to inform its policies and actions, Ms. Aidoo said. Legislative issues had been discussed in detail, and it was noted that an active process of law review was ongoing in both Mainland Tanzania and Zanzibar which would take account of the observations and suggestions made today, as well as the recommendations which the Committee would make in its concluding observations. While recognizing that legal reform took time, the children of Tanzania could not wait until all the processes that took so many years were finalized. It was hoped that the law would be clarified very soon, with regard to definitions in the law and others.
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