THE UNITED REPUBLIC OF TANZANIA THE LAW REFORM COMMISSION OF TANZANIA REPORT OF THE COMMISSION ON THE LAW RELATING TO CHILDREN IN TANZANIA PRESENTED TO THE MINISTER FOR JUSTICE AND CONSTITUTION AFFAIRS DAR ES SALAAM APRIL 1994 The Law Reform Commission of Tanzania was established by Section 3 of the Law Reform Commission of Tanzania Act, 1980, to take and keep under review all the law of the United Republic with a view to its systematic development and reform. The Commissioners are:- Mr. Justice Raymond A. J. Mwaikasu - ChairmanMr. Damian Saleka Meela - Full Time Commissioner Ms. Julie C. Manning - Full Time Commissioner Mr. Pius Msekwa (MP) Commissioner Planning Commission - Part Time Commissioner Mr. Mohamed Ismail Advocate of the Hight Court and Court of All of Tanzania - Part Time Commissioner Mr. Harold Nsekela Chief Corporation Counsel, Tanzania Legal Corporation - Part Time Commissioner Ms. Stella Longway Principal Resident Magistrate The Judiciary - Part Time Commissioner Mr. Stephen E. N. Ihema is the Secretary to the Commission. The Commission Offices are located along Ohio/Sokoine Drive P.O BOX 3580 DAR ES SALAAM C O N T E N T S ******************* PART I PAGE NOS Report Format……………………………………………….0.0, 01 Introduction and Terms of Reference…….. (i) 0.2 Working Group………………………………. (ii) 0.3 Methods of Work…………………….………. (iii) 0.4, 0.5 Structure of Report and Acknowledgements (iv) 0.6 Executive Summary…………………………. (vii) PART II 1.0 Definition……………………………………… 1-11 2.0 Care, Maintenance, Custody and Education Of Children……………………………. 11-63 3.0 Juvenile Delinquency and Juvenile Justice System……………………….. 64-89 A. DIVERSION…………………………… 89-91 B. PREVENTION………………………… 91-93 C. OBSERVATION AND RECOMMENDATIONS……… 93-109 4.0 Child Labour and Abuse…………………………….. 109-122 5.0 Adoption………………………………………………. 122-155 6.0 Succession and Inheritance………………………… 155-166 PART III APPENDIXES: List of Sources and Various Legislative Provisions on Children……………… 167-183 REPORT FORMAT PART 1 0.0 INTRODUCTION: 0.1 Terms of Reference 0.2 Working Group 0.3 Method of Work- Field Visits - Meetings - Preparation of Report 0.4 Structure of Report 0.5 Acknowledgements 0.6 Executive Summary PART 2 1.0 Definition 2.0 Care, Maintenance 3.0 Juvenile Delinqency and Juvenile Justice 4.0 Child Labour and Child Abuse 5.0 Adoption 6.0 Succession and Inheritance PART 3 APPENDICES (List of Sources and Extracts from various Legislative provisions on Children compelled separately) PART I 0.0 INTRODUCTION This report addresses itself on the need to reform the Law Relating to Children in Tanzania. It is a result of concerted efforts of the Law Reform Commission of Tanzania in conjunction with various government departments, the UNICEF, the Ford Foundation as well as other interested persons and institutions. Before the take-off of the research, there were already general indications and fears that the present law and practice relating to children's problems in various socio-economic circumstance had been over-taken by the ever changing circumstances.Out of this general concern, the Commission set-up a Working Group for the purpose of examining the problem in Tanzania in view of the existing legal provisions and similar experiences elsewhere. The compositor of the Working Group is shown on age V of this Report. The Research into this branch of law has not been an easy task ( It has taken about four years to complete). It involved, inter alia, a lot of consultations and study of various of complex statues on "Child Law" To a greater extent, completion of this Report has been facilitated by the recent coming into effect of the UN Conception on the Rights of Children - (Year) 0.1 TERMS OF REFERENCE The Terms of Reference of this Project are reflected in the Commission's letter to the then Attorney General and Minister for Justice , Hon. D.Z. Lubuva which reads as follows:- 5th July 1986 The Hon. Mr. Justice D. Z. Lubuva, Minister for Justice and Attorney General Ministry of Justice, DAR ES SALAAM Dear Minister, INQUIRY AND REPORT ON THE LAW RELATING TO CHILDREN Section 9(i) of the Law Reform Commission of Tanzania Act, 1980 provides:- "The Commission may, subject to informing the Attorney General in that behalf, undertake the examination of any mater without waiting for a reference it by the Attorney General" THE COMMISSION BEING COGNIZANT OF THE FACT THAT:-(1) Legislation affecting children is of paramount importance and concern to the society; (2) The different definitions of the term "Child" in various enactments have resulted in depriving certain categories of children of their rights and protection under the law; (3) Various laws touching on inheritance, succession, maintain unnecessary discrimination based on status, nationality religious belief or lineage group that one belongs to; (4) The Adoption Ordinance needs to be re-examined particularly bearing in mind its rigid formalities and probable socio-economic difficulties that a prospective adopter may face as a result of his age or inadequaties with a child; (5) Child labour and juvenile prostitution is at present a real problem as a result of which children are exploited, maltreated or abused both physically and mentally; (6) The state of laws touching on children's Welfare as a whole as it is at present calls for review and change. NOW THE COMMISSION HEREBY notifies you that is decided to inquire into and report to the Government and desirable changes legislative or otherwise on the existing child laws and any matter related to it…………………………………… 0.2 THE WORKING GROUP The following is the composition of the Child Law Reform Working Group set up by the Commission for the purposes of this Report:- 1. Dr. R. W. Tenga - Chairman of the Working Group From the Universtiy of Dar es Salaam Faculty of Law. 2. Mr. P. Mwangosi - Co-opted member, Social Welfare Department 3. Mr.