Tanzania, United Republic of

WHEREAS WE, the people of the United Republic of Tanzania, have firmly and solemnly resolved to build in our country a society founded on the principles of freedom, justice, fraternity and concord:AND WHEREAS those principles can only be realised in a democratic society ... thereby ensuring that all human rights are preserved and protected and that the duties of every person are faithfully discharged:… (Preamble)

The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring -
(a) that human dignity and other human rights are respected and cherished;
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(f) that human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights;
… (Art. 9)

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(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.
… (Art. 13)

(1) Every person in the United Republic has the right to enjoy fundamental human rights and to enjoy the benefits accruing from the fulfillment by every person of this duty to society, as stipulated under Article 12 to 28 of this Part of this Chapter² of the Constitution.
… (Art. 29)

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(5) In order that all persons may benefit from the rights and freedoms guaranteed by this Constitution, every person has the duty to so conduct himself and his affairs in the manner that does not infringe upon the rights and freedoms of others or the public interest. (Art. 29)

(1) The human rights and freedoms, the principles of which are set out in this Constitution, shall not be exercised by a person in a manner that causes interference with or curtailment of the rights and freedoms of other persons or of the public interest.
… (Art. 30)

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(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.
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(6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:(a) when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;
... (Art. 13)

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(3) Any person claiming that any provision in this Part of this Chapter³ or in any law concerning his right or duty owed to him has been, is being or is likely to be violated by any person anywhere in the United Republic, may institute proceedings for redress in the High Court.
(4) Subject to the other provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any matter brought before it pursuant to this Article; and the state authority may enact legislation for the purposes of -
(a) regulating procedure for instituting proceedings pursuant to this Article;
(b) specifying the powers of the High Court in relation to the hearing of proceedings instituted pursuant to this Article; and
(c) ensuring the effective exercise of the powers of the High Court, the preservation and enforcement of the rights, freedoms and duties in accordance with this Constitution.
(5) Where in any proceedings it is alleged that any law enacted or any action taken by the Government or any other authority abrogates or abridges any of the basic rights, freedoms and duties set out in Articles 12 to 29 of this Constitution, and the High Court is satisfied that the law or action concerned, to the extent that it conflicts with this Constitution, is void, or is inconsistent with this Constitution, then the High Court, if it deems fit, or if the circumstances or public interest so requires, instead of declaring that such law or action is void, shall have power to decide to afford the Government or other authority concerned an opportunity to rectify the defect found in the law or action concerned within such a period and in such manner as the High Court shall determine, and such law or action shall be deemed to be valid until such time the defect is rectified or the period determined by the High Court lapses, whichever is the earlier. (Art. 30)

(1) There shall be a Commission to be known as the Commission for Human Rights and Good Governance whose functions shall be as prescribed in Article 130 of this Constitution.… (Art. 129)

(1) Commission for Human Rights and Good Governance shall discharge the following functions –
(a) to sensitise countrywide about preservation of human rights and duties to the public in accordance with the Constitution and the laws of the land;
(b) to receive complaints in relation to violation of human rights in general;
(c) to conduct inquiry on matters relating to infringement of human rights and violation of principles of good governance;
(d) to conduct research, to impart or disseminate to the public countrywide education in respect of human rights and good governance;
(e) if necessary, to institute proceedings in court in order to prevent violation of human rights or to restore a right that was caused by that infringement of human rights, or violation of principles of good governance;
(f) inquire into the conduct of any person concerned and any institution concerned in relation to the ordinary performance of his duties or functions or abuse of the authority of his office; and
(g) to advice the Government and other public Institutions and private sector in respect of human rights and good governance;
(h) to take necessary action in order to promote and enhance conciliation and reconciliation among persons and various institutions appearing or being brought before the Commission.
… (Art. 130)