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Universal Periodic Review. Tobias Rahm Special Assistant Office of the Resident Coordinator. Update, Governance Working Group, 10 May 2012. Process. Government (AGC) Preparation of National report: November 2010 – July 2011 Media sensitization: January, September 2011

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Universal periodic review

Universal Periodic Review

Tobias Rahm

Special Assistant

Office of the Resident Coordinator

Update, Governance Working Group, 10 May 2012



Government (AGC)

Preparation of National report: November 2010 – July 2011

Media sensitization: January, September 2011

UPR Working Group: 3 and 5 October 2011

Review of recommendations: December – February 2012

Adoption of outcome: March 2012

Other Stakeholders specific

Preparation CHRAGG and CS reports: November 2010 – March 2011

CHRAGG Side event: 3 October 2011

CHRAGG and CS advocacy activities: November 2011 – April 2012

Official documentation

National Report (A/HRC/WG.6/12/TZA/1): Human Rights Context, Constitutional and Legal Framework, Main Issues, Main Challenges, Main Priorities, Voluntary Commitments (20 pages)

Compilation of UN Information (A/HRC/WG.6/12/TZA/2): Human Rights Treaty Bodies, Special Rapporteurs, the UN Country Team, etc, listed per issues in contained in the National Report.

Summary of Stakeholders submission (A/HRC/WG.6/12/TZA/2): 19 submissions representing some 100 NGOs, listed per issues contained in the National Report

Report of the Working Group (A/HRC/194): Presentation of the National Report, Opinions from Human Right Council Member States (+7 more), Recommendations, Government’s response in terms of 100 recommendations, deferral for consultations of 53.

Addendum to the report of the Working Group (A/HRC/19/4/Add.1): Government’s response in terms of the 53 recommendations

Decision by the Human Rights Council (A/HRC/DEC/19/102): Adoption of the official documentation.

Official documentation

Highlights recommendations supported by got clustered

  • Normative and legislative:

  • Incorporation of HR Treaties in domestic law; P&I of ICC, CAT, CPRMW, Media Bill; Open and consultative constitutional review; Death penalty subjected to constitutional review, Strengthen the enforcement of the Law on the Child Act, Law on Marriage Act, Land laws, Law on Persons with Disabilities; Law on Domestic Violence

  • Protective measures (including skills-development and awareness raising)

  • Persons with albinism, women accused of witchcraft, children victims of violence, human rights defenders, journalists and political opponents, GBV, FGM, domestic violence, sexual violence, child labour, trafficking in women and children, torture practices, excessive use of force of law enforcement and security personnel, forced evictions

  • Policy acceleration and institutional reform

  • PCCB, Oversight of police forces, the Judiciary, Commission for Human Rights and Good Governance; National Human Rights Action Plan; National Action Plan on Violence Against Women; National Action Plan on Combating Corruption; PCCB; Poverty reduction; Education – focus on quality and inclusive education; Maternal and child mortality; Food Security, Corporate Social Responsibility, Civil society engagement

Highlights recommendations supported by GoT (clustered)

Recommendations not enjoying got support comments

  • OPCAT, OP1CCPR, OPCESCR, individual petitions system – legal and technical reasons, CHRAGG, Law on Basic Rights and Duties Enforcement Act

  • OP2CCPR, Repealing, moratorium, etc, of death penalty – constitutional reform, victims perspective, role of civil society in terms of world trends

  • Open invitation to Special Procedures – requests reviewed individually, based on merits

  • Recognition of notion of Indigenous Peoples – all Tanzanian indigenous, a special needs group system with affirmative action already operating;

  • Land evictions and pastoralists – current law sufficient, investigations launched

  • Water pollution around the big mines - Water Supply and Sanitation Act

  • Marital rape – balance of competing needs of sustenance of marriage and criminalisation of rape in all forms, therefore deeper and wider debate

  • Corporal punishment in education system – current legislation strict in terms of administration of canning

  • Mid Term Report to the Human Rights Council – resource implications

  • Discrimination, criminalisation of same sex sexual relations – no comment

  • Polygamy and bride price – no comment

Recommendations not enjoying GoT support - comments

Key priorities and capacity building support

  • Priorities legal and technical reasons, CHRAGG, Law on Basic Rights and Duties Enforcement Act

  • National Human Rights Action Plan

  • Constitutional Review

  • Food and food security (Green Revolution and Agriculture Transformation)

  • Prison reform

  • Higher learning

  • Human rights education

  • Human rights awareness in cooperation with CHRAGG

Key priorities and capacity building support

  • Capacity building support

  • Human rights expertise

  • Gender based violence

  • Accommodation of victims of trafficking

  • Dissemination of human rights instruments and UPR recommendations

  • Financial Intelligence Unit

  • Trafficking in illicit drugs

Preliminary results

  • Government’s engagement legal and technical reasons, CHRAGG, Law on Basic Rights and Duties Enforcement Act

  • Elevated human rights on the agenda (government and media)

  • Indicatively increased resources for human rights coordination

  • AGC recipient of technical and financial assistance from the UN System 

  • CHRAGG engagement

  • Strong promotional role

  • A convener and supporter of Civil Society’s engagement 

  • Increased the number of skilled staff in UPR and human rights advocacy

  • Benefitted from international assistance

  • Civil Society

  • Comprehensive engagement

  • Regional cooperation (Article 19)

  • Differing results in term of advocacy goals (cf MISA-TAN and PINGO)

  • Role of CS in follow-up awareness raising activities recognised by GoT

Preliminary results

Next steps

  • Immediate term legal and technical reasons, CHRAGG, Law on Basic Rights and Duties Enforcement Act

  • UPR follow-up strategy (14 – 15 May 2012)

  • Medium- to Long-term

  • National Human Rights Action Plan

  • Constitutional review

  • Sector specific legislation and action plans

  • Strengthened international cooperation

  • Key objective of UPR

  • Support aligned with national systems for follow-up,

  • cooperating with AGC, CHRAGG and Civil Society

  • UNDAP AWP 2012/13 cognizant relevant capacity building needs

  • END

Next steps