Arrest of Saudi diplomat
ACTIVISTS
SCEPTICAL
Rights groups refuse to take Kikwete
statement on rape case at face value
By Rupa Parekh & Kizito Makoye
Refusing to put their arms down, legal Rights groups in the country have decided
to investigate government claims that Ismail Turde, the Saudi diplomat who
allegedly raped his Tanzanian house girl in Dar es Salaam, has been arrested by
Saudi Arabian authorities and is now said to be facing prosecution.
Minister for Foreign Affairs and International Cooperation Jakaya Kikwete, in a
statement to the Parliament Tuesday, assured the people that the alleged rapist
will face criminal prosecution in Saudi Arabia, where rape is punishable by
death if the accused is convicted. He also said the Saudi Embassy in Tanzania
would compensate the victim.
Like many other governments in the past, the Tanzanian government too, had been
forced to concede to the diplomatic immunity law, leaving the Saudi Arabian
authorities to press charges against Turde in his home country. On July 6, this
year, Turde allegedly raped his Tanzanian house girl at his residence in the
Masaki area of Dar es Salaam. As the Saudi government waved the diplomatic
immunity card, the Tanzanian government was forced to allow Turde to leave the
country.
Since then the government has been under intense pressure to get the Saudi
Arabian authorities to act on the matter.
The Legal and Human Rights Centre (LHRC) in Dar es Salaam, for one, believes the
government may have jumped the gun and said it will not relent until it verifies
through its own sources in Saudi Arabia the reports of Turde’s arrest. The
Centre is also unhappy about the government not revealing the exact amount of
compensation.
On what legal Rights groups such as theirs can do in such matters, Executive
Director of the Legal and Human Rights Centre (LHRC) in Dar es Salaam Helen Kijo
Bisimba explained, “What we have been doing is to press the Saudi Government to
move to action against its citizen and ensure he is brought to book. Of course,
we are doing this in the framework of international advocacy. We have raised
this issue with the office of the UN Special Rapporteur on the Violence Against
Women, which has a global mandate to engage the governments on their records for
the rights of women in their respective jurisdictions.”
The incident has put the spotlight on the international law of diplomatic
immunity — immunity from arrest and criminal proceedings, enforceability of
criminal liability of the accused in his country and compensation claims of the
kin of the deceased — a vast grey area.
Before Kikwete announced Tuesday in Parliament that they had secured
compensation for the victim and criminal prosecution against the alleged rapist,
the LHRC had lamented to the Permanent Secretary in the Ministry of Foreign
Affairs in a letter dated July 29, 2004: “Our disappointment comes from the fact
that your ministry did not accord due weight the option of immunity waiver, as a
result of which the culprit found his way out of the country. We believe the
government had capacity to make the Saudi Arabian Government take this issue
with the seriousness and urgency it deserved. As a government that adores its
people and honours their dignity, we do not think it was proper for your
Ministry to even discuss the compensation option.”
Clearly outraged that the alleged rapist was getting off the hook so lightly,
Director of Tanzanian Women Lawyers Association (TAWLA) Tumaini Slaa remarked
Monday this week, “We would have thought the Saudi Arabian Embassy in the
country could make a statement acknowledging that its government is concerned
about the matter, but the embassy is still silent.”
The doctrine of diplomatic immunity – where diplomats, their families, and staff
are given special privileges by international agreements, including freedom from
arrest, search and taxation - is rooted in the Vienna Convention.
By becoming party to it, Tanzania committed itself to implementing and observing
its provisions. This is the reason why Tanzania enacted the Diplomatic and
Consular Immunities and Privileges Act of 1986 (Act No.5 of 1986) which inter
alia gives legal effect to some provisions of the Vienna Convention.
This means if Tanzania undertakes to amend Act No 5 of 1986 in a way that
removes some of the immunities conferred on diplomats by Article 31 (1) to (3),
it will run the risk of contravening Vienna Convention which binds it
internationally.
``The best option in our opinion is for the UN General Assembly to pass a
protocol to this Convention, which would introduce new exception to Article 31
for some offences of personal liability committed by a diplomatic agent outside
the ambit of his/her official functions,” said Bisimba.
Diplomatic immunity is not the authorisation to commit crimes and violations of
the law. As stated in the Preamble to the 1961 Vienna Convention, "the purpose
of such privileges and immunities is not to benefit individuals but to ensure
the efficient performance of the functions of diplomatic missions”.
The diplomats are still required to respect the laws and regulations of the
country they are in both on and outside of their duties. The breaking of the law
is not ignored. Sometimes, a person is tried in their own country after being
pardoned in the country that they were working in.
Observed Bisimba: “We have a law that punishes any citizen of Tanzania who does
an act outside Tanzania, which is proscribed/ criminalised by the law in
Tanzania. This is S. 6 of the Penal Code Cap 16. This is what is called
extraterritorial jurisdiction of our courts.”
She remarked, “It is high time the international community realised that
diplomatic immunities are prone to abuses. It is a mistake to rely on the
assumption that states will always take measures against their representatives
or diplomatic agents in case they commit crimes or misbehave in the countries
they are accredited. Experience shows that measures are rarely taken against
them.”
HOW DIPLOMATIC IMMUNITY HAS BEEN ABUSED WORLDWIDE:
A driver in the Senegalese embassy in India died after an assault on him,
allegedly by the son of the Senegal Ambassador in New Delhi on the night of May
24, 2003. The envoy was recalled but no action taken against the culprit.
In January 2001, a Russian embassy official in Canada Andrei Knyazev was accused
of killing one person, and injuring another in an auto accident. The Canadian
police charged him on five counts. Knyazev claimed diplomatic immunity. Canada
requested that Russia lift immunity. Russia refused, recalled him to Moscow.
A case close to home was reported in Uganda in which a diplomat from one of the
Middle East countries attempted to rape a Ugandan lady by the name of Zainabu.
She managed to escape from her assailant by locking herself in a bathroom. The
police failed to prosecute him owing to his diplomatic status.
In 1984, when a group of Libyan dissidents demonstrated in front of the Libyan
Embassy in London, it was fired upon from the embassy windows resulting in the
killing of a British policewoman and injury to some 11 demonstrators. The UK
severed diplomatic relations with Libya and expelled the diplomats.
In 1982, a 23-year-old student shot and seriously wounded a bouncer at a night
club in Washington, D.C. He was identified as the son of the Brazilian
ambassador and was immediately released. The Brazilian student had been charged
with assault before but the charges were dropped on grounds of diplomatic
immunity.
British Council unveils
networking forum
By David Luninze
The British Council’s strategy aimed at working in partnership with Tanzanians
to develop a network of young leaders in the public and private sectors in East
and Central Africa through capacity building initiatives has kicked off.
The forum committee Chairperson, Richard Mhaha said globalisation has
transformed management to a subject that requires theoretical and practical
knowledge as well as constant and further learning.
Thus, he said, management knowledge needs regular updates. This compels
strategic managers to frequently share skills, knowledge and experiences through
networking, which it is hoped that the network will provide for.
He said the main objective of the forum is to let managers share their
experiences, knowledge and ideas in order to promote their professionalism,
discuss matters pertaining to management and learn to network.
Mhaha said the vision is to become a forum that cuts across the diverse economic
sectors for practicing managers, by acting as a catalyst for improving
management standards in Tanzania and elsewhere in the world.
The venue for the forum is the British Council Conference Hall and meetings are
scheduled for every Friday of either the second or third week of month.
Girls pay the price of
negligence
By David Luninze
A significant number of Tanzanian girls who start having sex at young age will
have experienced at least one reproductive health problem by the time they reach
18 years, according to reports of sexual activities among the youth.
Some experts blame this on the national social health infrastructure that does
not stress sexual health, especially family life education, and its importance
in the school curriculum.
“About five years after it received public acclaim, the approved family life
education curriculum has yet to be implemented in schools across the country,”
said Messy Mpingira, Executive Director of Action Health.
It is estimated that there are 150 births per 1,000 Tanzanian women aged between
15 and 49; as many as half of these could be teenagers. Among the sexually
active population aged between 10 and 24, 72 per cent of boys and 81 per cent of
girls say they use contraceptives.
Using condoms and having sex at safe periods (following the menstrual calendar)
is most common but many do not regularly and correctly use contraceptives.
According to a survey by Parenthood Association, 65 per cent of the respondents
considered teenage pregnancy a persistent problem. “Our recent survey among
adolescent in two regions indicate that there is a problem, not only promoting
responsible reproduction health but also fighting HIV/AIDS,” said Rev Euctan
Kabebwa, Senior Programme Officer with the agency.
The rise in teenage pregnancies can be attributed to poverty and unemployment,
the search of material wealth and ignorance of sexual matters.
Moreover, officials from the Agency believe that sexual violence where girls are
abused and victimised by people supposed to be their guardians contributes
significantly to the problem.
“Sexual abuse takes many forms including sexual harassment, unwanted sexual
contacts, coercion, rape, incest, prostitution, and child trafficking,” noted
Mpungira.
He added, “often the perpetrators are not strangers but relatives, neighbours
and acquaintances.”
Farmers Day celebrations
Sunday in Morogoro
Msekwa says Govt Expenditure for
Agriculture and Livestock raised
By Merline Mhamaka, Morogoro
The government has decided to give a new push to the agricultural and livestock
sectors, to enable them to grow and contribute to the national economy and
reduce poverty in the country.
This statement was sounded by the Speaker of the Union Parliament, Pius Msekwa
when opening the 11th Farmers 8-8 Celebrations for the Eastern Zone, comprising
of Morogoro, Dar es Salaam, Tanga, Coast Regions, which are taking place at
Mwalimu Julius Kambarage Nyerere Grounds in Morogoro Municipality.
Msekwa told the rally that the Parliament has approved the Ministry of
Agriculture with additional estimates, compared to previous years.
Also the Ministry of Water and Livestock Development has been given additional
estimates, and the government expects to continue providing a lot of money to
these Ministries.
The Parliament will continue to press and approve additional estimates
immediately after they have been presented to the Parliament.
In the Budget for 2004/2005 fiscal year, the Minster for Water and Livestock
Development, Edward Lowassa said the Ministry will continue implementing a
Master Plan of advocating the livestock sector which was started in 2003/2004
financial year.
If the Master Plan is implemented fully it will make the livestock sector a
modern and sustainable one, for possessing better livestock, owned by wananchi
themselves.
The strategy will make the livestock sector be run on commercial basis,
providing better nutrition for Tanzanians, increasing the incomes of herders,
providing employment and raw materials for industries and raising national
revenue.
Livestock herders should see their herds as a product they can harvest and sell,
in the same manner as agricultural products are sold.
Earlier in his statement, the Chairman of the Preparatory Committee for the 8-8
Celebration, Morogoro Regional Commissioner, Stephen Mashishanga, urged
universities in the Eastern Zone to participate in the exhibitions and display
their dealings to the public.
He applauded Sokoine University of Agriculture (SUA) for its efforts in
participating in the 8-8 Exhibitions, saying it was the only University that
participated from the Easter Zone.
The exhibitions this year brought together 140 participants, compared to130 last
year. This year’s motto was “Prepare in a commercial way, and preserve food to
satisfy the needs of every household”.
Arrogant DC irks LHRC
By Express Reporter
The Legal and Human Rights Centre (LHRC) has vehemently condemned the Tarime
District Commissioner, Pascal Mabiti for what it claimed the undemocratic act to
inhibit its activists to perform their duties in Tarime.
A statement from LHRC availed yesterday and signed by its Executive Director,
Helen Kijo-Bisimba says two activists from the Centre were restrained from
conducting assessment on paralegal training by LHRC, contrary to the principle
of good governance.
“We condemn the act which not only is uncivilized, but also contrary to good and
democratic governance,” the statement read in part.
The statement said that the activist, Samson Rumande and Gloria Mafore, paid a
courtesy call to the DC’s office before proceeding to the villages.
According to the statement, “meeting the demand by the DC, the activists briefed
him on the motive of their tour to Tarime saying apart from visiting the
paralegals they will be assessing formation village Land councils.”
Having met the activists, the DC immediately ordered the activists to remain
within Tarime township and directed them to convene the paralegals in the DC’s
office complex where there would be a government agent to monitor what they were
actually discussing.
LHRC is neither a government institution nor an institution working on
government directives but is a non-governmental organization, registered in
accordance with the law.
In a letter written to the DC, Kijo-Bisimba reiterated that LHRC has as its
routine to visit its paralegal team in Musoma since 2001, in order to assess its
new professional and educational requirements and where necessary to render
appropriate support.
Second hand underwear still on
market
By Kizitto Joseph
Despite Tanzania Bureau of Standards’ (TBS) efforts to curb the business of
second hand underwear, such clothes continue to flood the Tanzanian market
forcing TBS to set an ultimatum.
Deputy Director for TBS, Beatrice Mutabazi said last week in Dar es Salaam that
some small business traders in Dar es Salaam are still trading with already used
underwear, contrary to the ban imposed. This is posing a serious health threat,
she said.
“Whoever is caught selling underwear will be punishable by law. These clothes
are prohibited due to the fact that they are not hygienically fit,” said
Mutabazi.
She said TBS has put in place a strategy to control illegal imports of underwear
at ports and airports.
According to Mutabazi, the warning comes after a meeting held in January this
year between officials at TBS and business stakeholders to discuss the effects
of the use of second hand underwear.
The meeting resolved to ban the selling of second hand underwear because they do
not meet hygienic standards.
Some petty traders in the City claim that the decision interferes with the basic
rights for conducting business in a free market. Juma Omary said that these
clothes should be allowed in markets to allow people to buy goods according to
their pocket economy.
“Not everybody has enough money to buy fresh clothes,” he said.
UDSM Journalism Degree
attracts 60
By Express Reporter
The Institute of Journalism and Mass Communication (IJMC) of the University of
Dar es Salaam has so far enrolled 59 students for the three new BA programmes.
According to the latest issue of Media Watch newsletter, the Director of IJMC,
Prof. Mwajabu Possi, said recently that the 59 students would get government
loans while the number of private sponsored students is yet to be determined.
She said BA Journalism and BA Public Relations and Advertising have 20 students
each, while BA in Mass Communication has 19.
Prof. Possi further said that the institute will continue to offer a one year
Certificate and its Post –Graduate courses in journalism.
Meanwhile, the Deputy Director (Academics) Dr. Ireneus Kapoli told Media Watch
that the Estate Department of the University of Dar es Salaam is currently
planning to renovate the Institute’s buildings to be ready for the coming
academic year. He said the building would be renovated to suit the needs of the
new programmes.
The institute will from this year phase out its Advanced Diploma programme,
which was introduced in 1999. The institute, which was established in 1975, as
Tanzania School of Journalism offering a two-year diploma in Journalism, has
now, become part of the University of Dar es Salaam.
Lions Club challenges eviction
By David Luninze
The Dar es Salaam Lions Club has threatened to lodge an appeal against an order
to evict them from a plot situated along Zanaki Road in the City.
The incumbent and vibrant Chairman of Lions Club, Rajni Kanabar said the Eye
Clinic Centre belongs to his Club and is housed within the premises precincts.
The source confirmed that the court issued an eviction order after one city
resident had urged that the premises had been lying idle for quite a long period
of time.
However Kanabar reiterated that the centre was undergoing renovations and was
set to start operating very soon. He explained that the Centre was finalizing
plans to engage an advocate to file an appeal against eviction order this week.
Students urged to attend local
schools
Nestory Ngwega, Tanga
Parents in Tanga Region have been urged to stop sending their children abroad to
acquire education.
The call was made by the Tanga Regional Education Officer, Endrew Mpandile in
his speech delivered on his behalf by the Tanga Regional Adult Education
Officer, Emmanuel Allan when addressing parents at Enckenford Grounds in Tanga
Municipality.
He said parents were making a great mistake in sending their children from
Standard One abroad, because studying outside the country would discourage
children to get used to the Tanzanian environment.
When studying abroad from a young age, argued the official, children do not
learn enough knowledge about their mother country. Rather children adapt to the
lifestyles of the country he or she is studying in.
Often, the main reason for parents to send their children abroad are to give
their children better chances of learning English.
However, Allan argued that language alone was not the only component in
education but stressed the whole process of learning.
“If parents continue to take children to neighbouring countries for the sake of
education, in the future we would have many educated people but foreigners who
could do nothing good for the development of our country,” he said.
The parents at the meeting advised the government to encourage more investment
in education in order to improve it.
They said the learning environment in many schools were not conducive thus
pushing parents to send their children to schools abroad, which are better than
those in the country.
Cemetery invaders to be
removed
By Ratami Cylidion, Bukoba
Councillors of Bukoba Town Council have decided to remove all the people who
have invaded and constructed houses at Kishenge cemetery area in Bukoba Town.
The decision also includes the eviction of people presently constructing houses
in the cemetery area.
The councillors said, almost half of the area which was earmarked for the
cemetery is being taken up by houses; a thing that makes people fail to get an
area for burying their relatives.
It is the responsibility of the Town Council, they said, especially the Land
Unit, to plant trees surrounding the burial area to stop people from invading
and building houses in the cemetery area.
Replying to the accusations, Bukoba Town Council Director, Faustine Fisoo,
admitted the invasion of Kishenge burial area, adding, his office through the
Land Department will visit the burial area and resurvey it. Those who will be
found to have invaded the area will be removed without compensation.
Uluguru Mountain bush fires
reduced
By Merline Mhamaka, Morogoro
The rate of bush fires on Uluguru Mountain in Morogoro Region has been reduced
compared to previous years.
The Chairman of Morogoro Environmental Conservation Action (MECA), Billy Mshana
said the reduction has been reached after non-governmental organizations (NGOs)
and the government from regional level toward level have been cooperating with
the people in offering education, to control the problem.
In ascertaining that bush fires are controlled and conserved, Mshana said
different steps have been taken concerning people who destroy the environment,
including handing them over to legal organs for subsequent actions.
Nevertheless, there is need for the concerned organs to enact laws that will
press people who degrade the environment to ensure that bush fires are kept at a
minimum.
The MECA-Group Chairman refuted the claim by one Member of Parliament (MP) from
Morogoro Region that bushfires on Uluguru Mountains had increased to the extent
that they were beyond control.
On the contrary, the regional government and various NGOs have been educating
people on the importance of preserving the environment especially on the Uluguru
Mountains, which is a source of water for Morogoro Region residents.
AIC collects 285 m/-
By Beldina Nyakeke, Musoma
The African Inland Church, Mara and Ukerewe dioceses, expects to collect more
than Tsh. 285 million from various sources, including offerings, contributions,
various grants and development projects, in the 2004/2005 financial year for
church development.
This was revealed by the Diocesan Bishop Pastor Peter Kitula when opening the
12th General Council for Mara and Ukerewe dioceses, held at AIC Hall in Musoma
town.
Out of the money which will be collected, Kitula said Tsh. 280 million will be
used in various projects, including construction of a modern church and clergy
houses in Makoko area, Musoma town.
The construction, which will start soon for a modern church is expected to
complete in five years.
Kitula also said, they will use Tsh. 11.4 million to purchase a piece of ground
at Bweri area in Musoma town where they will also build a church and clergy
quarters.
The 12th General Council incorporated pastors from Mara and Ukerewe, church
servants and various heads of departments of the AIC Denominations.
Illicit drugs affects 300
people
By Sebastian Gabunga, Nansio
A total of 300 people in Ukerewe District, Mwanza Region, have been affected
mentally because of the use of illicit drugs, amongst other reasons.
The Medical Officer-in-charge of Ukerewe District, Dr. Faustine Nkinga, when
opening a seminar for Mental Health Service Providers, held in Nansio town
recently, revealed this.
Besides the use of illicit drugs, proliferation of mentally sick people has also
risen from the hard life people are facing in a district with a population of
261,944.
Some of the mentally sick derive the sickness through shock, especially
following a serious accident, Dr. Nkinga observed.
Coordinator of Mentally Disturbed Services Providers in Mwanza Region, Dr.
Bandiahi Tefurukwa said the national policy of combating problems of mental
disturbance aims at incorporating the community to identify the disease and the
method of combating it.
If the community will participate fully in attending mentally disturbed people
and find ways of helping them, he said, its effects will be reduced.
Ukerewe gets electricity
By Beldina Nyakeke, Musoma
The government of Spain has given a grant of Tsh. seven billion to provide
electricity to Ukerewe District, Mwanza Region from the National Grid in Bunda
District, Mara Region.
The Minister for Energy and Minerals, Daniel Yona at the electricity
stakeholders’ meeting, held at Bunda Teachers College hall recently, stated
this.
Yona said the money would be used to provide electricity to Ukerewe District,
parallel with distributing electricity to some of the villages in Nansimo
Division (Kibara, Lugenzi, Kisorya), Bunda District.
The work of extending electricity to the district started in June this year and
Enabensa Company from Spain has been contracted to do the work.
Yona assured the residents in the project area that the government will pay
compensation to those whose houses will be demolished to allow the project to
achieve its planned objectives.
Many children born in refugee
camps
By Damas Ayuke, Dodoma
The speed of children born in refugee camps in Kagera and Kigoma regions is said
to be great.
This was revealed by the World Food Programme (WFP) Managing Representative,
Ngara Branch in Kagera Region, Courtney Mitchell last weekend, when talking to
The Express in Kigoma Town, after the opening of a workshop on gender issues by
the Minister for Community Development Gender and Children Affairs, Dr.
Asha-Rose Migiro.
Mitchell said children who are born in refugee camps in Kigoma and Kagera
regions every year reach 20,000.
The amount of basic services needs to be multiplied, including medicines and
foodstuff, she said.
She said 65 per cent of refugees are Burundians, 34 per cent are Congolese and
one per cent is a mixture of refugees who seek political asylum.
Among the 13 camps in Kigoma and Kagera regions, most of them are in Kigoma
Region, in the districts of Kibondo, Kasulu and Kigoma. About 10,000 refugees
from Burundi have been returning to their homes from these camps, she said.
Migiro in her opening speech thanked the WFP and the United Nations High
Commissioner for Refugees (UNHCR) for their various assistances to community
development.
Road to SAUT completed
By Sebastian Gabunga, Mwanza
The construction of the eight-kilometre road to Saint Augustine University of
Tanzania (SAUT) in Nyegezi area in the City of Mwanza, was completed by end of
July 2004.
Tanzania National Roads Agency (TANROADS) Manager, Emmanuel Koroso said the
construction cost Tsh. 816 million, which were provided by the government.
He said the road has been constructed with double surface dressing, as used in
the construction of many roads in the country.
In another development, the TANROADS Manager said strategies are being worked
out to make sure traffic congestion and load-carts in some of the roads in
Mwanza City are minimized.
One of the strategies is to prohibit load-carts to pass through Kenyatta,
Nyerere and Pamba Roads and the Airport Road.
Already, he said, his office in cooperation with Mwanza City Council and Traffic
Police, have formed a committee to supervise the exercise, expected to start in
early August, 2004.
He called on the drivers to use the roads properly; including driving through
special roads earmarked for them and avoid blocking pedestrian pass roads.