Scripta Varia

Tanzania

Measures Taken by the Government of Tanzania
Judge Jacqueline Rugemalila

In recent years, the fight against trafficking in persons has gained much prominence in International and Regional forums, which resulted in the adoption of International Instruments and the launching of several programmes to address this heinous crime.

(a)  Legislative Measures

International Instruments

Tanzania signed the Palermo Convention in Italy in the year 2000. In December of 2000, Tanzania signed the Palermo Protocol to prevent, suppress and punish Trafficking in persons, especially women and children.

Domestic Laws

  • Enactment of Anti-Trafficking in Persons Act No. 6, 2008.
  • Developing Anti-Trafficking in Persons Regulations.
  • The Anti-Trafficking in Persons (Prevention, Protection and Treatment) Regulations, 2015.
  • The Anti-Trafficking in Persons (Centre for Protection and Assistance to victims of Trafficking in Persons) Regulations, 2015.  

(b)        Policy Measures

Past National Action Plan 2015-2017

The Government developed the Standard Operating Procedures and the second National Action Plan (2015-2017) as instruments to address trafficking in persons by:

  • Developing Standard Operating Procedures for Identification and Assistance to Victim of TIP (SOPs).
  • Standard Operating Procedures for Protecting, Assisting and Referring Trafficked Children.
  • Directory of Service Providers for Victims of Human Trafficking.
  • Manual for Civil Society Organizations of the Tanzania Anti-Trafficking in Persons Act.
  • Developed the Training Manual for the Law Enforcement.
  • Developed the Training Manual for the Law enforcement.
  • Developed Guidelines for Safe Family Unification for Children Victims of Trafficking.

Enhancement of Investigation and Prosecution

  • Investigation

           §  Anti-Trafficking Committee and Anti-Trafficking Secretariat in collaboration with Police and Immigration: some 35 TIP cases have been investigated 2017-2018.

  • Prosecution

           §  Anti-Trafficking Committee and Anti-Trafficking Secretariat in collaboration with DPP Office: some 26 cases of trafficking in persons have been prosecuted in 2017-2018. By December 2017 there were 13 convictions.

Victim Assistance and Witness Protection

The Government, in collaboration with NGOs, CSOs and FBOs, has been assisting victim of TIP by providing shelters, counselling and training before they integrated or unified with their family. In the year 2015-2018 almost 527 were rescued and assisted.

During the lifespan of the first National Action Plan, the Secretariat attended a total number of 186 victims. Females were 185 and only one male. Among the victims attended, Tanzanians were 110, Burundians 13, South African 1, Pakistan 2, India 30 and Nepalese 25.

Capacity Building

Law enforcement officers including police, immigration, magistrate and public prosecutors have been trained. In the period from 2016-2018 almost 800 were trained around different regions.

The impact of these trainings has been significant in the number of cases reported, number of victims rescued and assisted, number of cases prosecuted and number of perpetrators convicted. However, much is to be done in this area to reach a large section of the stakeholders and members in the community.

Challenges

  • Lack of resources committed to detection and identification of cases, protection of victims and training of officials does not permit adequate response.
  • There are inherent evidential difficulties for police and prosecutors in establishing a criminal offence of such complexity to the standard of proof required.
  • Mismatch between trafficking in persons and smuggling in of immigrants.
  • Lack of One-Stop Centres and Victim and Witness Support and Protection Centres.
  • Porous borders.
  • Reluctance to share information among stakeholders as TIP information is classified as confidential by other stakeholders.
  • Different agencies collecting data for individual use and not sharing the same.

WAY FORWARD

We are now working on a National Action Plan 2018-2021, which covers a period of three years from July 2018 to June 2021.

1.   Government Ownership

The Government has committed itself to fighting Trafficking in Persons by enacting some legislations and by putting in place a National Policy. However, other stakeholders have also got to be actively committed in order for the fight to be successful.

2. Stakeholders Participation

Trafficking in persons affects the whole society. Efforts to combat and prevent it require support and cooperation of all sectors, International Organizations, development partners and community groups in order to obtain collective and positive responses and actions. Close engagements and interactions with CSOs, the private sector and other interested parties, including international organizations, are equally important.

3.   Human Rights-based Treatment of Victims

In solidifying the efforts for victims’ protection and rehabilitation, collaboration with CSOs and other stakeholders shall be strengthened as well as establishment of a One-Stop Centre.

Provision of shelter and other necessary facilities conforming to the minimum international standards is required. Basic facilities and necessities must be made available for the victim’s comfort, where the victim should be made to feel safe, secure and protected.

4.   Capacity-Building for Skills Enhancement

Capacity-building is an essential element in ensuring that the personnel of all MDAs, LGAs and CSOs involved in the efforts to combat trafficking in persons have the relevant knowledge and skills, particularly in the areas of policy, prevention, protection, assistance and prosecution. Moreover, engagement and strategic alliances with local and foreign partners is of paramount importance to share knowledge and experience with the relevant experts.

5.   Prevention and Public Awareness Raising

This is one of the most important strategies for prevention and combating trafficking in persons, because it creates an informed, responsible and responsive society as trafficking in persons is a concern of all. A full-scale publicity program will be carried out by utilizing all forms of mass communication to inform and educate the public about the seriousness and impact of trafficking in persons, its implications to human rights and national security. Contribution of the public towards combating trafficking in persons will be emphasized. The public awareness programme will be geared to inform the public and all government agencies on the Anti-Trafficking in Persons Act 2008 and its Regulations.

6.   Communication, Coordination and Cooperation

ATS will facilitate communication and coordination among MDAs, LGAs, CSOs and International Organizations as well as cooperation with other countries in order to realize the initiatives put in place to combat the problem of trafficking.

7.   Research and Information Sharing

Trafficking in persons is a complex crime that would commonly involve crime syndicates which operate in organized, structured and well-established networks. Hence, systematic and effective information management is vital to ensure better coordination and integration among all relevant agencies. The relevant information can also be disseminated to the public to create awareness.

The information management system will enable the government agencies to gather up-to-date, fast and reliable information for the purpose of intelligence sharing.

8.   Systematic Monitoring, Evaluation and Sustainability

In ensuring the sustainability of the outlined measures, specific parameter and a systematic evaluation approach is vital to assess the effectiveness of the efforts. To facilitate the evaluation, the National Action Plan details the responsibility, the expected targets, budget and timeframe for each action.

9.   Resource Mobilization

For effective implementation of the plan enough resources are required. ATC and ATS will use various ways to solicit funds including writing project proposals, round table sessions, fundraising events, forfeiting trafficking proceed and government budget allocation.

10.  Capacity-Building for Skills Enhancement

Capacity-building is an essential element in ensuring that the personnel of all MDAs, LGAs and CSOs involved in the efforts to combat trafficking in persons have the relevant knowledge and skills, particularly in the areas of policy, prevention, protection, assistance and prosecution. Moreover, engagement and strategic alliances with local and foreign partners is of paramount importance to share knowledge and experience with the relevant experts.

Thank you for your kind attention

 

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