Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Published: |
University of Pretoria
2024
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613601354743808 |
|---|---|
| access_status_str | Open Access |
| author2 | Prof Viljoen, Frans |
| author_browse | Prof Viljoen, Frans |
| author_facet | Prof Viljoen, Frans |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/99122 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:38:43.836Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/99122 The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform Prof Viljoen, Frans titomagoti@gmail.com Dr Eno, Robert Magoti, Tito Elia UCTD Implementation African Court Orders Tanzania Legislative and constitutional reform measures Human rights Sustainable Development Goals (SDGs) SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024. The African Court on Human and Peoples’ Rights (Court) has, in 25 decisions, ordered Tanzania to take legislative (and constitutional) measures to align several laws with the Charter. The decisions are thematically divided into those dealing with criminal justice (15 with the abolition of the death penalty, two with the right to bail, two with the right to legal representation, two with abolition of corporal punishment, one with access to judicial remedies) and one with election management. Two more decisions deal with the right to participate in government. This study finds that Tanzania has partially implemented orders in two instances: the orders in one case related to legal representation, through the enactment of the Legal Aid Act (of 2017); and in the case concerning electoral management, by setting qualifications and positions for civil servants who would be appointed as election directors. This is a total of two orders out of 25 being partially implemented. The hindrances to implementing Court orders include Tanzania’s failure to establish effective democracy and governance institutions, such as the parliament and the judiciary, which would guard rights and promote government accountability. There are also factors relating to the Court, such as inadequacies in enforcing its decisions and not having an appellate chamber. This study recommends that Tanzania promulgate a new constitution with a comprehensive Bill of Rights to effectively guard rights, promote the independence of the judiciary and the checks and balance role of the parliament as well as the accountability of the Government. It is also recommended that Tanzania establish a domestic oversight mechanism to monitor the implementation of Court orders, bolster the role of the Commission for Human Rights and Good Governance in monitoring the implementation of treaty obligations and protection of human rights and ensure effective citizen participation in government. Mastercard Foundation Scholars Program Centre for Human Rights Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted Faculty of Laws 2024-11-18T11:51:35Z 2024-11-18T11:51:35Z 2024-12-10 2024-10-23 Mini Dissertation * D2024 http://hdl.handle.net/2263/99122 10.25403/UPresearchdata.27692469 © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Implementation African Court Orders Tanzania Legislative and constitutional reform measures Human rights Sustainable Development Goals (SDGs) SDG-16: Peace, justice and strong institutions Law theses SDG-16 The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform |
| title | The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform |
| title_full | The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform |
| title_fullStr | The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform |
| title_full_unstemmed | The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform |
| title_short | The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform |
| title_sort | implementation by tanzania of orders of the african court on human and peoples rights requiring constitutional and legislative reform |
| topic | UCTD Implementation African Court Orders Tanzania Legislative and constitutional reform measures Human rights Sustainable Development Goals (SDGs) SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/99122 |