eNEWS: 21-January-2009
2009 is the year of reform for Tanzania’s children

In 2008, the Caucus for Children’s Rights strengthened its own capacity to campaign for Tanzanian children. When the Caucus started, we were a small, informal consortium of local organisations who were concerned about the round ups of street children. Today, we continue to campaign to end this practice – with a case currently being heard in the Tanzanian High Court – but we have also committed to widening our scope in 2009. With 50% of population consisting of children, we know that development will not happen if children’s concerns are not mainstreamed into all decisions. This is going to need substantive legal reform so that domestic law protects the best interests of children. In 2008, many organisations, individuals and children recognised and committed to campaigning for a profound review of the law and children. Still, progress in achieving a Children’s Act that domesticates the United Nations Convention on the Rights of the Child has been slow, and it has often felt that one step forward has been followed by two steps back… But the Caucus remains as committed and motivated as ever. We believe that 2009 will be the year of reform for Tanzania’s children.

We are particularly excited that the Caucus has received an important funding opportunity from the Oak Foundation. With this we will be striving to protect children in the following ways:

1. Creating ‘buy-in’ and developing the strategies and systems necessary to pilot a Child Protection System for children who have been abused or are in contact / conflict with the law in Arusha.
2. Using our collective strength to change attitudes towards the rights of children in the community.
3. Engaging in strategic litigation and campaigning for legal reform to uphold the best interests of  Tanzania’s children.
4. Strengthening the Caucus – with registration as an NGO and formalising our structure and systems.

The youthfulness of Tanzania’s population begs the question “Have we got our priorities right in national development plans?” In the next few months we will be publishing a series of publications that explain the impact on children’s lives when their rights are not protected in law. We will be describing how the absence of a legal framework for the protection of their rights is a failure of the Government to uphold the rights of 50% of the population.

On May 14th, the petition between member organizations of the Arusha Caucus for Children’s Rights and the Attorney General, was heard in the high court of Tanzania.

The Arusha Caucus for Children’s Rights has for a long time been working towards the end of the round-ups of street children which are been carried out by the Arusha Municipality. The approach used by the Caucus, represented by three of its member organizations, in cooperation with Advocates for International Development (A4ID), is strategic litigation in the high court of Tanzania.

The petition between Mkombozi, East African Law Society, Legal and Human Rights Center and the Honorary Attorney General was heard in the high court of Tanzania on the 14th of May 2008. The aim of the petition is to enforce the constitutional rights of children by requesting the removal of those laws that can be used to defend the round-ups of street children; namely the Township Act, the Destitute Persons Act as well as parts of the Criminal Procedure Act and the Penal Code:

• All four laws are contrary to Article 15 to the Constitution of the United Republic of Tanzania, in that they allow children to be arrested, detained and deprived of their liberty.
• All laws are also contrary to Articles 12 and 13 of the constitution, in that they fail to treat children differently from adults, and also in that they treat street children differently from other children.
• Both the Townships Ordinance and the Destitute Persons Act are contrary to article 17 of the Constitution; they infringe the right of all Tanzanians to move freely within the country.

Having dealt with preliminary issues, the judges (Mmila, Chocha and Sambo) set out a schedule for the advancement of the case, allowing for immediate submissions of witness evidence by the petitioners. The matter has been listed for further hearing on the 4th of August 2008.

The 50% campaign blog is intended to provide you with an interactive space to share your ideas about children’s rights and juvenile justice in Tanzania today. Please feel free to share your comments about the 50% campaign as well. We appreciate your efforts to contribute thoughtful and collaborative commentary at this site.

Learn more and join the campaign: www.50campaign.org