Tanzania human rights record for review come October

BY CORRESPONDENT

The Universal Periodic Review (UPR) is a unique and new process which involves a review of the human rights records of all 192 United Nation member states once every four years.

The UPR is a state-driven process, under the auspices of the Human Rights Council (HRC), which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations.

As one of the main features of the council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.

The UPR was created through the UN General Assembly on March 15, 2006 by resolution 60/251, which established the Human Rights Council itself. It is a cooperative process which, started in 2008 and by 2011 October, will have reviewed the human rights records of every country. Currently, no other universal mechanism of this kind exists.

The UPR is one of the key elements of the new Council which reminds States of their responsibility to fully respect and implement all human rights and fundamental freedoms.

The ultimate aim of this new mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur.

Formally, the system of monitoring human rights records in the UN member states was undertaken by UN Commission on Human Rights (UNCHR) since 1946. The mandate of UNCHR was intended to examine, monitor and publicly report on human rights situations in specific countries or territories (known as country mechanisms or mandates) as well as on major phenomena of human rights violations worldwide (known as thematic mechanisms or mandates.

UNCHR was repeatedly criticized for the composition of its membership. In particular, several of its member countries themselves had dubious human rights records, including states whose representatives had been elected to chair the commission. Before we embark on the UPR processes and involvement of non-governmental organisations, let us define what human rights are and their components are. Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Human rights issues which are reviewed under UPR are those which are in line with, adequate housing, children, civil and political rights, cultural rights, democracy, detention, development (good governance and debt), disability, disappearances, discrimination, economic, social and cultural rights, education, environment, executions, business and food.

Others are freedom of opinion and expression, freedom of religion and belief, gender, globalization (business, trade and investment), health, HIV/Aids, human rights and international solidarity, human rights defenders, human rights education and training, human rights indicators, impunity, independence of judiciary, indigenous peoples, internal displacement, international solidarity, mercenaries, migration, minorities, older persons, poverty, racism, rule of law, slavery, terrorism, torture, trafficking in persons, transnational corporations, water, sanitation and women.

Tanzania as UN member state will be reviewed in the 12th sessions of UPR which starts on October 3 to 13 together with Tajikistan, Antigua And Barbuda, Swaziland, Trinidad And Tobago, Thailand, Ireland, Togo, Syrian Arab Republic, Venezuela (Bolivarian Republic Of), Iceland, Zimbabwe, Lithuania, Uganda, Timor Leste and Republic of Moldova.

Troika working group during Tanzania UPR session are Russia Federation, Malaysia and Benin. These countries will be responsible to question Tanzania on various issues raised on the country report and that which was represented by stakeholders.

The review of a national government report is carried out on the basis of three documents: A report submitted by the national government of the state under review, A report compiled by the Office of the Unite Nation High Commissioner for Human Rights (OHCHR) of information contained in the reports of treaty bodies (The human rights treaty bodies are committees of independent experts that monitor implementation of the core international human rights treaties, like Convention against torture, convention on right of a child, Convention of Civil and Political Right etc) and special procedures concerning the country, including its observations and comments, and other relevant official UN documents.

The other document report which will be under state review is on OHCHR compilation of “additional credible and reliable information provided by other relevant stakeholders,” including NGOs and national human rights institutions.

The review of a national government takes place in a working group of the HRC (the working group consists of all HRC members). Each country under review undergoes a three-hour Question and Answers session, webcast on the UN website, in which any UN member is able to ask questions and make recommendations.

The reviewed national government is entitled to use one hour of that time to present its report, respond to any written question it may have received prior to the day of the review, respond to oral questions, comments and recommendations from the floor and present its conclusions.

Government through Commission for Human Rights and Good Government (CHRAGG) have already submitted report on 4th July, 2011. Together with government report NGOs which in Tanzania have been grouped in four different groups have also submitted their reports since February 18 this year. First group involved NGOs dealing with human rights issues which include SAHRiNGON, National Organisation for Legal Assistance (nola), WLAC, LHRC, PECMOT, WOLAT, NEFAP and TAWLA.

Others are TGNP, CA-GBV, NEDIPHA, TWCWC, KIVULINI, WILDAF, UDSM, Shinyanga Foundation, The Leadership Forum, YPC-Kibaha, FAWE- Tanzania, CHESO, TAMWA, SFF, CHRP, TAMWA, TAHU, RIFO, and ZLSC-Zanzibar. Another group represented twenty two NGOs and umbrella organizations of the Hunter and Gatherers Community. The third group involved the Trade Union Congress of Tanzania (TUCTA) and the last group involved the media and was represented by MISA-TAN.

Human rights issues raised by these groups in their totalities included children rights, women rights, right of person with disabilities, rights to development projects, property rights (land ownership) and the right to security of person and property.

Other human rights issues raised by NGOs included lack of recognition and unlawful eviction of indigenous peoples, pastoralist and hunters-gatherers, suppression of indigenous people’s livelihoods in Tanzania, abuse of legal processes by state organs, demand of freedom of expression and association, force destruction of cultural heritage and biased education and health opportunities.

After the interactive session, a group of three HRC members, known as the “troika of rapporteurs,” and a member of the Secretariat (OHCHR) work together to produce the report of the review. The report must be an accurate reflection of the debate that took place during the review and must contain the recommendations made to the national government during the process.

The national government can accept or decline to implement any of the recommendations resulting from the review, and must inform the troika of its decisions. The report is presented to the Working Group, two days after the review takes place, for adoption. Factual errors in the report can be corrected for a two week period following adoption, through the request of delegations.

Follow-up on recommendations is one measure of a country’s commitment to the process and to improving its particular internal human rights situation. In these follow-up different groups including NGOs will make close follow-ups on whether human rights issues raised during UPR for Tanzania are implemented.

Another role of the NGO is to make pledge the public on the issues raised during the UPR process and engage in dialogue with the State reviewed to participate in their implementation of the recommendations raised on UPR process.

According to the OHCHR, “The State [national government] has the primary responsibility to implement the recommendations contained in the final outcome. The UPR ensures that all countries are accountable for progress or failure in implementing these recommendations.

When it comes time for the second review of a State [national government] they must provide information on what they have been doing to implement the recommendations made during the first review four years earlier.

The international community will assist in implementing the recommendations and conclusions regarding capacity-building and technical assistance, in consultation with the country concerned. If necessary, the Council will address cases where States [national governments] are not cooperating.

To ensure this NGOs in Tanzania have been participating on various seminars on how to make follow up on the implementation of the UPR process. Officials from Article 19, which is an international non-governmental human rights organization, has been visiting Tanzania from time to time and share experience about UPR.

Kenya has been sighted as example from East African countries which was reviewed in May 6 last year. The process of UPR in Kenya was completed on September 22 last year when the HRC adopted Kenya report.

Kenya has already formed UPR Stakeholders Coalition and they have prepared Outcome Charter of the UPR of Kenya. Kenya Stakeholder Coalition is working together with Kenya National Commission on Human Rights (KNCHR).

SOURCE: THE GUARDIAN


(2011-7-14/ippmedia)