Legal puzzle
By Fatima Grace Bapumia
The majority of the efforts to combat HIV infections in the country
have been concentrated on people already living with the virus. Experts that The
Express contacted admitted that a blind eye has been turned towards the partners
of people living with HIV/AIDS (PLHA).
It is particularly women, wives of partners with HIV, that are trapped in a web
of legal conundrums.
According to legal experts, Tanzania lacks laws which take into consideration
the HIV/AIDS virus. This legal void poses a threat to a partner who is sero
negative but lives with a spouse who is HIV positive, especially when the
partner is the victim of marital rape.
“The Law of Marriage Act is silent. Our law does not criminalize rape within the
marriage, unless the couple is legally separated. At the same time being HIV
positive is not an acceptable reason for divorce,” said Athanasia Soka of the
Women in Legal Aid (WILAC). If a woman is raped by her husband who is HIV
positive, she cannot take him to task, she explained.
“HIV has been there and we are calling upon the government to enact a law. As it
stands now, a husband or a wife is not legally protected against HIV/AIDS,” she
said adding that marital rape is a significant factor for the transmission of
HIV/AIDS among married couples.
According to Section 130 of the penal code it is an offence for a man to rape a
girl or a woman not being his wife or a former wife who has separated from him.
But if a woman refuses to have sexual intercourse with her husband who is found
to be HIV positive and he forces himself on her, she cannot sue the husband for
rape. Moreover, despite the law of penal code chapter 16 where it is stated that
it is a criminal offence to deliberately infect someone with an infectious
disease, it is equally difficult to prove in the court of law that he or she was
not infected prior to intercourse.
Experts from the Tanzania Women Lawyers Association (TAWLA) said that if a
husband or wife can prove beyond doubt that the spouse got HIV from another
partner, then divorce can be requested on the grounds of adultery; otherwise
HIV/AIDS is not a reason for divorce.
“You can not ask for a divorce on the grounds that your partner is found to be
HIV positive, it will backfire, it will look like a clear case of
discrimination. But again if he forces himself on you, you can not sue him for
rape. If he infects you, you can take him to court for criminal offence but if
he claims that he did not know his status at the time of intercourse you have a
weak case,” explained the expert.
Legal secretary for Tanzania Commission for AIDS (TACAIDS) and desk officer for
PHLA, Sam Komba told The Express that Tanzania has yet to copy the example of
the Philippines and Vietnam on passing a legislature on HIV/AIDS.
“So far we have no provision for the partners of the people found with HIV. I am
part of a team which is now preparing a bill to be submitted to Parliament on
HIV/AIDS. I was in the Philippines studying the success and shortcomings of
implementing an HIV/AIDS law. This was the first country in the world to have an
HIV/AIDS law written into the constitution” he said.
For a Catholic, filing a divorce is unthinkable. With the election of Pope
Benedict XVI, there seems to be no changes towards a more liberal approach on
divorce and contraceptives. “Marriage sacrament is permanent in the Catholic
Church, there is no divorce,” said Fr Sifredus Rwechungura, parish priest of St
Joseph Cathedral.
Fr Rwechungura told The Express that if a catholic couple goes for testing and
one of them is found to be HIV positive, the church authorities would counsel
the couple to abstain from sexual activities in order to protect the other
person. “The church protects life. We choose life not death. But we cannot go
against the church order. We cannot authorise use of condom. If you love your
spouse you will not want to kill him/her so you will abstain,” he said.
He also explained that if a woman is in a life threatening situation in a
marriage then the church can provide official but temporary separation until the
situation is calm. In the case of HIV/AIDS the separation can be for as long as
the husband is alive. During the separation both are expected to remain faithful
to the marriage or else they will have committed adultery.
If one of the partners does not disclose the truth about their status before
marriage, the Catholic Church can nullify the marriage thus allowing the other
person to marry again. “Annulment is not the same as divorce. Here it is assumed
that the marriage never existed,” said Fr Rwechungura.
DC talks tough on traditional
practices
By Angela Mazula
The authorities in Monduli District, Arusha Region has called upon human rights
activists in the country to teach livestock keepers the importance of sending
their children, particularly girls, to school and stop forcing them to enter
marriage.
This was said during a seminar for women human rights activists in Arusha this
week, by District Commissioner of Monduli, Retired Captain Antony Malley.
Malley said genital mutilation and traditional dances which bring together boys
and girls have been the main source of preventing girls from schooling and
forcing them to get married.
He said that a famous dance in that district known as esoto has been the source
of young girls falling pregnant.
Malley said that not enough efforts had been made to end the practices, and that
government attendants have encouraged the practice to go.
Lake Victoria’s water level a
topic of discussion
By Sebastian Gabunga, Mwanza
A number of leaders in Mwanza Region are worried over the water level of Lake
Victoria, which continues to fall. If the trend continues, travelling on the
Lake could be hazardous.
Different leaders had come together to discuss an implementation report of the
Department of Technology and Energy at Mwanza Regional Roads Board meeting.
Mwanza Regional Commissioner, Daniel Ole Njoolay emphasised that the water level
had continued to drop even after the rainy season had come.
Ilemela District Commissioner, Jared Ghachocha said the issue needs scientific
research to verify the correct solution of the problem, before any disasters
occur in the water transport sector.
Manufacturers of sea-going ships, boats and ferries which traffic Lake Victoria
should be informed to construct the sea vessels taking into consideration that
water level of Lake Victoria is falling, he said.
Economic activities connected to the Lake and agriculture which does not
consider environmental protection contribute greatly to the fall of the water
level.
Researchers
hit by drought
By Bonventure Mtalimbo, Morogoro
Not only farmers suffer from droughts, but researchers are equally hit by dry
weather.
This was said by researchers from the Sokoine University of Agriculture when
speaking to The Express last week.
Researchers have not been able to collect data from the field as crops have been
destroyed by droughts which hit the country.
For the scientists, it has meant a great loss and they urged the government to
address the problem and look at appropriate means of solving the problems in the
coming years.
Developing irrigation is one step forward they argued and cautioned the
continued reliance on rain fed agriculture.
They added that researchers and stakeholders in the agricultural sector can
strengthen social economics in their research agenda. Researchers must be able
to carry out quality research.
Canadian NGO
fighting AIDS climbs Kilimanjaro
By Angela Mazula
About 20 million children living with HIV/AIDS in Africa get
assistance from a special campaign conducted by the Canadian-based non-profit
organization Zerf Productions.
Speaking in Dar es Salaam over the weekend its Director General, Dr. Wilhelmina
Fredericks said the campaign, known as Kilimanjaro 20/20, would involve climbing
five renowned mountains across the world, starting with Africa’s highest
mountain, Mount Kilimanjaro.
She added that the aim is to raise about Tsh. 200 million for buying medicine,
medical equipment and food for children living with HIV/Aids in the Democratic
Republic of Congo, Chad, Kenya, South Africa and Zimbabwe.
Plans are under way to open a Zerf Productions branch in Tanzania so that
support to AIDS orphans and those living with HIV/AIDS could be easily
channelled to the intended groups.
Zerf Productions, its partners and associated community organizations in Canada
have served the poor people in Africa for 15 years by delivering medicine,
medical equipment, food, educational materials, computers, books and clothing
directly to the affected with minimal governmental involvement.
DC ready to
die in war against corruption
By Heri Said Kilongo, Dodoma
Dodoma Rural District Commissioner (DC) Zainab Kwikwiga has told various party
and government members in her district to ensure that they direct all their
efforts to the war against corruption.
She said this when addressing the councillors of Dodoma Rural District Council.
She said that she will be in the frontline in the war, even if it will cost her
life.
“We must find a solution to this problem which annoys the public, and I
personally will be in the forefront, even if I have to pay my life for it; I am
ready to die and be buried in Dodoma for the cause of fighting corruption,” she
said.
In the meeting the councillors had an opportunity of discussing various problems
connected with corruption.
The councillors blamed the district leadership and the government in general by
only educating leaders at higher levels of the party and government on the evils
of corruption, and leaving the ordinary public without education.
Besides educating the public, the councillors advised the Rural District
Government to abolish livestock ownership permits and crop purchasing permits,
as these opened doors to corruption.
Kurya women
speak out on domestic violence
By Emmanuel Lazaro, Mwanza
Women of the Kurya community in Mara Region have confessed that they are being
beaten by their husbands.
It is the Agency for Defending Women Rights (KIVULINI) of Mwanza Region that has
collected statements from interviews with different Kurya women.
A statement issued by the Head of the Publicity Section of KIVULINI, Jimmy
Luhende said that the women taking part in the research admitted that the
violent beatings they receive from their husbands had caused them physical and
psychological traumas.
The research proved that male domination has deep roots in the Kurya tribe and
that men continue their violent behaviour using different excuses, Luhende
observed.
Few of the affected women take legal actions against their husbands.
KIVULINI is continuing with its education campaigns at ward levels, to enable
Kurya women to participate fully in economic development.
Meanwhile, a Coordinator of KIVULINI, Maimuna Kanyamala said that Tanzania
spends a lot of money treating people affected by domestic violence.
If the government is able to control violence in homes, she said, which affect
women and children, money could be spent on treating other illnesses.
The Coordinator called on various donors dealing with health issues in the
country, to join forces in improving health for women and children.
Lipumba asks
Kikwete for explanations
By Fatima Grace Bapumia
Despite his charisma and charm, Kikwete lacks the persona of a
president according to the Chairman of the Civic United Front, Professor Ibrahim
Lipumba in an interview with The Express yesterday. Kikwete’s plans for improved
good governance are also questioned by his presidential opponent.
“I personally know him as a nice guy but I don’t consider him to be presidential
material. I don’t think he is serious,” said Lipumba.
Lipumba has challenged CCM’s presidential candidate to explain how he intends to
improve good governance in Tanzania and strengthen national security, together
with creating improved social policies in Tanzania.
Lipumba also has issues with how well Kikwete will act in safeguarding the union
between Tanzania Mainland and Zanzibar, and would rather have seen Dr. Salim
Ahmed Salim as CCM’s candidate.
“Failing to elect Salim Ahmed Salim has damaged the union. You can never get a
Zanzibari as qualified as Dr. Salim,” he said.
On the prospects of winning the presidency, Lipumba said Kikwete does pose a
serious challenge bearing in mind that he comes from the ruling party. “He is
CCM, the so-called youth candidate even though he is one year older than me. He
was a year ahead of me at the university. But as an individual he is not a
threat to me. To me, Salim was a bigger threat,” Lipumba said.
City Water
stands by decision to sue govt
By Angela Mazula
City Water that entered into contract with the government through
the Dar es Salaam Water and Sewerage Authority (DAWASA) to operate a ten-year
lease for provision of water services has reiterated that the contract is still
binding and that the firm is still the legal operator of the services.
The confusion ensued following the termination of the contract by the government
a few days ago. City Water was accused of failing to deliver as agreed and meet
the investment target set for the second year after commencing the operations.
Speaking in Dar es Salaam Tuesday this week, Cliff Stone Chief Executive Officer
(CEO) of City Water said they are still the contractual service operators and
remain committed to all stakeholders particularly its customer and staff and
nothing will interrupt its normal schedule.
Stone said the government’s decision of a premature termination of the contract
is not effective as they have a 10 year-contract with the government of Tanzania
which was represented by DAWASA and that the contracts with the African
Development Bank (ADB) and the World Bank are still in place.
“City Water and DAWASA have over the past month been jointly discussing aspects
of the project with a view to make the project financially viable for both City
Water and DAWASA but it would appear that DAWASA has decided that these
negations have failed, we do not agree,” he told journalists.
As regards Edward Lowassa’s, Minister for Water and Livestock Development,
statement last Friday, City Water requires clarification from its contractual
partner DAWASA, but to date DAWASA has not responded.
Lowassa said in the meeting with City Water employees that a new firm to be
known as Dar es Salaam Water and Sewerage Corporation (DAWASCO) is being formed
to take over from City Water since mid this week.
He added that the reports from the company indicate that some foreign members of
the company management team have already left the country. “We are told they are
on leave but we doubt …we think they are gone for good” he said.
New X-ray
technology reaches Machame Hospital
By Heckton Chuwa, Hai
The Orthopaedic Unit of the Machame Hospital in Hai District, Kilimanjaro Region
is expecting to get a C-arm, a type of X-ray machine which will make it easy to
fix bone fractures and shorten patients’ stay in the hospital.
The information was given by Dr. Elias Swai of Machame Hospital during a meeting
to raise funds for the Unit recently.
According to Swai the present facility in the hospital is far from suitable for
bone operations. “If a bone is infected after surgery the patient becomes
crippled for life so it is necessary to have a facility only for the bone and
joint surgery to make surgical procedures safe. A good facility will also
attract visiting surgeons from abroad to operate patients,” he said.
This would not only benefit patients but also make the institution a centre for
training.
He said the idea of establishing an Orthopaedic Unit at Machame Hospital came up
when with the help of Rotary Club UK, Orthopaedic Surgeons. They stayed in the
hospital for three months running the orthopaedic clinic and found that there
was a lot of chronic bone and joint diseases in the hospital.
He said at present patients who need joint (hip and knee) replacements have to
go abroad.
Swai also said they have developed a partnership with Alegent Health, a US based
health organization which have provided instruments and appliances now in use at
the hospital.
back to headlines
Elections:
Voters unsure, police inhibiting
By Timothy Kitundu
Following an investigation on voters’ knowledge on registration and elections,
it has been noted that a number of voters are unsure over the country’s election
laws.
This was the conclusion after an organised discussion among journalists on
Monday in Dar es Salaam.
It was observed that in the area of election law, few people have enough
knowledge particularly those living in rural areas and the laws are not readily
available.
Participants further observed that the police inhibit political parties’
activities. The state structure and facilities are used by ruling party
officials.
As regards the permanent voters’ registration, it was noted that the exercise
was too complicated for residents of Dar es Salaam Region who keep on moving
between districts.
“A voter who registers at Kigamboni, Temeke Region and works at Mikocheni for
example, and then secures a house at Tegeta, is it easy for the voter to go all
the way to Kigamboni on the day of the to vote?” it was queried.
In the aspect of the media, junior reporters assigned complex coverage were
vulnerable to falling into traps of biased reporting whereas editors came under
fire for manipulating some of the stories brought in by reporters.
Traditional
medicine men favoured by malaria patients
By Tunu Ally, Dodoma
It has been revealed that about 70 per cent of malaria patients
countrywide are treated by traditional medicine men. 20 per cent use traditional
medicines. A staggering 10 per cent are treated in hospitals.
This information was made public on Saturday last weekend by Dodoma Regional
Commissioner, Mussa Nkhangaa when closing a meeting which discussed malaria
issues organised for district and regional medicinal officers in the country.
The consequences of the current situation are that malaria patents reach
hospitals when they are already in a critical stage, putting many lives at
danger.
Morogoro Rural and Rufiji districts have succeeded to reduce malaria deaths by
38 per cent by using treated mosquito nets provided by the government.
He called on other districts countrywide to use their resources to make the
target of reducing and controlling malaria a success.
Nevertheless, he said, they should continue to educate the public to treat their
mosquito parallel with using mosquito coils and applying ointment to keep away
mosquitoes.