Wednesday, May 25, 2011

Legal Aid in Tanzania

By Elias Mhegera
LEGAL assistance is a basic human right which many Tanzanians are still denied. Many lack access to information and are ignorant of their legal system.

These contentions were made of by the Tanganyika Law Society (TLS) vice chairman Advocate Ibrahim Bendera during the Legal Aid Day on Saturday last weak.

He said it was due to this reason that his association and the legal fraternity in this country in general chose to return to the society what they accrued in the form of knowledge.

“There are essential elements which lead to the denial of services to the less advantaged, lack of legal institutions for empowerment and assistance, and Legal Aid Policy (LAP),” he said.

He said it was due to this reason that the TLS has determined to help in making access to justice a reality at the community level. This is by focusing on access to legal services, as well as legal and human rights awareness.

He elaborated that his organization has so far established centres in Dodoma, Mwanza, Mbeya, and Arusha in order to offer services in areas like land disputes, torts, probate where there have been a lot of negligence by some courts.

He however lauded some legal bodies like TAWLA, The Women's Legal Aid Centre (WLAC), NOLA and the Legal and Human Rights Centre (LHRC) which have been assisting those who can not afford to pay the legal counsels.

Dr Sengondo Mvungi of The University of Bagamoyo, who is a human rights lawyer, says that the biggest challenge in the legal sector is building the capacity of civil society and communities to understand and demand their rights.

Mvungi concurs with Bendera on saying that legal service is a human right; therefore people should demand this right from their government. From there they can then open up channels of constructive engagement between government and civil society and the judiciary.

The don says legal service is essential and vital because it cuts across the main concerns of people, namely economic, social and commercial these are the main concerns usually presented in the judiciary in order for justice to prevail.

As long as people struggle daily to earn a basic living they are prone to enter into conflicts. Thus the most affected in these conflicts are women, children and people with disabilities particularly in the village and other marginalized groups.

“Due to scarcity of resources people always finds themselves in conflicts, everyone is striving to make their children earn adequate education, live safely and peacefully and have enough food and drink for each day,

“if these are not realized they will tend to reflect themselves in the institutions dealing with the provision of justice.” He remarked.

Onesmo Olengurwa a researcher in law at the Legal and Human Rights Centre (LHRC) says there is a need of a big support for legal aid systems possibly involving NGOs, like legal aid centres in order to take care of the marginalized for example reduction or exemption of tax.
END

Friday, February 11, 2011

The cobras of Iringa

THE notion of job creation and lust for money by the city militia in the form of ‘self-employment’ is now becoming a nuisance to city dwellers.

By Elias Mhegera, May 2010

The Tanzanian government has in many occasions boasted that it has created more than one million jobs which was part of the promises that President Jakaya Kiwete made during his presidential campaigns in 2005.

On Thursday Last week I was saddened by an event when one traveler from Dar es Salaam to Mbeya whom we happened to board the same bus, fallen prey of the city militia.

The ruthless militia snatched from him the little remaining pocket money that he had saved for water and lunch during his long journey back home.

In fact the city militias have now created jobs for themselves by grabbing whatever they want after any of their victims is under their total control.

By mistreating the travelers and the street hawkers ‘marching guys’ commonly known as ‘machinga’ the militia are going against the zeal of job creation by the Kikwete’s government.




This is because the employing sector is the non formal according to records within the ministry of labour. One million jobs creation was what I reported last year after being misled by the government.

Coincidently I was parroting the statement that was issued to the media by the Minister of Labour, Employment and Youth Development Prof Juma Kapuya.

I few days I later one veteran editor and commentator Karl Lyimo asked me whether what I really meant was job creation, or the media misinformed the public due to a failure to grasp the meaning of the term ‘job creation’.

The argument from the editor was that the Tanzanian government is incapable of creating one million jobs within the span of time that Kapuya had claimed confidently before journalists.

So this gave me another assignment, which is to counter-check the authenticity of Kapuya’s statement. So I had to visit Dr. Godias Kahyarara from the University of Dar es Salaam, for clarification.

Dr Kyaharara concurred with the editor, Lyimo that Kapuya misled journalists unless what he meant was something else. He claimed that even advanced countries like the United States of America can not create such a big amount of jobs within such a short prescribed time.

Therefore this sent me back to Kapuya’s ministry in order to verify their statistics, now I had to be directed to visit the National Bureau of Statistics (NBS), which I actually did.

The NBS director was cooperative, and she managed to give me some literature for future references, she admitted that it was impossible (technically) for the government to create such jobs within such a short time,

But what the government did was to create conducive environment for the non-formal sector to expand leading to self employment of more than one million people!. But that she could not state openly to the media in order to avoid further confusion.

In this particular case I do not know whether I should praise the government for creating jobs to the ambitious youths who turn into street hawkers after failing to get any suitable source of income.

In order to get fund from genuine sources, the guys now are in the streets where their bitter enemy is the city militias. However there is job creation in a way through their employment, as they do behave like the ‘ruga-ruga’ type that used to exist during the colonial era in Tanganyika.

The militia whose duty is to harass the ‘machingas’ in the city, this time they had their victims including (my travel mate) pay ten thousand shillings each after they were caught urinating nearby the Ubungo Bus Terminal.

Narrating the story a youngster in his early twenties admitted that he was caught by the militia before he had finished his ‘business’. They demanded him to pay ten thousand otherwise he will end up in the court.

“I pleaded with them to take at least two thousand shillings, so that I remain with some pocket money, but they were adamant I eventually ended paying them five thousands so that I could catch up with my bus” he lamented.

So the bad omen that started with the city militia followed him in the bus, he had estimated that he will pay 20 thousands instead of 22, as this is what he had paid in his journey to Dar es Salaam from Mbeya about three previous days.

As we were approaching Kibaha he was reminded by the bus conductor that he pays the bus fare in full else he finds himself dropped at the Kibaha bus stand.

He could not hold the tears back, a sign of hopelessness, so I came to his rescue I paid the disputed two thousands shillings. But this also told me he would have travelled the whole day without quenching his thirst or even having lunch.

So I had to double my budget in rescue of the besieged young guy. I paid for all the remaining of his expenses up to Mbeya. At one point in our journey he asked me kindly, are you a pastor? I answered no; it was just a matter of rational thinking that I chose to assist you.

But one interesting thing along the way it was the unique brand of Iringa cobras. It was after we had taken our lunch at Al-Jazeera Restaurant a short distance after Ruaha after I came to know of the man-cobra found only in Tanzania probably.

I was sitting just behind the driver’s seat, and there was so much talk of the cobras between the driver and his crews. I had taken it to the ordinary type of snakes that we all know.

But it was at some point when one of the crows showed his driver one big ‘cobra’ that was lying in a nearby bush, I was fortunate to see that man-cobra!.

I could not hold it I asked the bus crews why they nicknamed the traffic police the bad name of cobra, and that is when I got the whole story of the cobras.

While a bus mechanic was narrating the story the driver took a receipt where after attending the court he was fined only five thousand shillings, instead of the fifty thousand which the traffic police had demanded when they caught him due to over speeding.

“We call them cobras because they hide in bushes with their speed detectors directed to us just like the cobra will do when hunting a goat in the bushes” said the driver amid a big laughter.

The real cobra snakes are after meat; these are after money, so they are all cobras, because even the Inspector General of Police is not aware of what is happening here.

The driver went into length complaining of notorious corruption acts along this way, he reminded of what befallen the Tanzania Broadcasting Corporation journalist Jerry Muro after he had exposed some traffic police who were taking bribes from passenger buses along the way.
END

Local governments' expenditure under scrutiny



IT has been established that lack of transparency in the local government operation is done deliberately in order to cheat on their expenditures according to a recent survey.June 2010

By Elias Mhegera
Speaking during the Policy Forum debate at the British Council on Friday last week, Marcossy Albanie from the Policy Forum said councilors and other relevant authorities do not like to operate transparently in order to avoid audit queries.

The theme of the debate was; The Problems of Transparency within Local Governments: Complex Issues or Simple Lack of Will? Two presentations were done in the debate.

Albanie says that power holders do not want to be answerable to their subjects because this will make them submissive to their subjects, a thing that they are not prepared to do. He was presenting a paper titled “Accessibility to Information and its Impacts to Local Government Authorities (LGAs).

He says that during the surveys that were conducted by different NGOs under the Public Expenditure Tracking System (PET), it was found that there are a lot of loopholes for resource mismanagement.

“There is poor community ownership, lack of involvement by the local communities, and difficulties in implementing plans and oversights, however there are little officials incentive to account for,” says Albanie.

Elaborating with vivid example Albanie said that in the 2007/2008 budget the Babati Council spent 396.6 millions more than what was allocated in its budget.

He cited another council which made misappropriation of funds through double allocation is Kibaha where there were double allocations of funds for health and community development departments to execute HIV/Aids activities.

Ms Esther Msuya from the Research on Poverty Alleviation, REPOA said that there is a big challenge in coordinating data and reports from the top to the grass root level. She was presenting a paper titled “Challenges in data collection, consolidation and reporting for local government authorities in Tanzania,”

“Elaborating on the challenges she said “…there are serious challenges in data desegregation, availability, quality of data and timeliness,” She cited the main problems as being in the ward education level, primary schools, and health centres.

Msuya said there are complications in getting data from one level to another due to lack of institutional capacity, lack of qualified personnel, lack of software for data manual transferring, and lack of statisticians.

She elaborated that due to lack of funding there late disbursement which in turn causes late reporting of financial reports. Moreover she attributes these complications to duplication in some cases due to poor harmonization of financial reports.

Msuya says that lack of modern technology in some areas is a discrepancy. For instance in some local government authorities there are worn out computers, there are no electronic data storage facilities and the internet facility.

She added that in some areas there are no follow ups due to poor infrastructure, poor transportation and lack of funds to support data coordination process.

Moreover she highlighted that another serious challenge is lack of training and reliable electronic network to transfer data. However there are no systems to check quality of data and follow up mechanisms.

She suggested the need of improving human resources namely; staff numbers particularly statisticians and to enhance their training. She also suggests allocation of enough funds in order to monitor properly and maintain quality assurance.

Msuys suggests availability of feedback system through information technology in order to monitor software analyses and transferring of data. This should go hand in hand with provision of modern equipment to manage properly quantity and quality.

Contributing to the debate Habraham Shamumoyo who is the secretary general of Association of Local Authorities Tanzania (ALAT) said that there is a need for a through advocacy and lobbying.

This is in order to make people in the local government areas to understand their rights, privileges so as to demand power transfer from the authorities to the local people.

“The lack of information is caused deliberately because some LGAs functionaries prefer to hide information so that they can get allowances when travelling to research or present reports in the area falling in their jurisdiction,” said Shamumoyo.

Rukonge Anatoly a participant in the debate said the LGAs and the Civil Society Organizations (CSOs), are in a constant state of witch hunt which make the former to hide information which they deem could jeopardize their positions.

“The issues of hiding information is a social enigma, it is a sign of irresponsibility and ill motives in expenditure in many sectors; the government, NGOs, LGAs etc,” he said.

The non disclosure of sources of funds and their expenditures causes delays in implementation of projects, while a good number of these delays are caused by lack of commitments by some functionaries.

Wednesday, February 9, 2011

who own Dowans?


ON Saturday last week during the ceremony to mark 34 years of the ruling Chama Cha Mapinduzi (CCM) President Jakaya disowned the controversial company Dowans and its contract altogether.

This is after so many pleas from the citizenry and from heavyweights in the Government circles. So many times the excuses have always been that a good number of senior officials in public service are ignorant of legal technicalities when signing contract.

With this kind of a situation then business studies should made compulsory courses in the secondary education syllabus, and even at tertiary institutes. This is because today business knowledge is the life blood for many activities in trying to get ahead in today's changing marketplace.

Due to the fact that employees in various sectors do not get enough salaries it is estimated that more than 60 percent of Tanzanians are involved in some sort of businesses be it big business or entrepreneurship. Even farmers and peasants need business skills in order to improve their activities.

Due to the fact that business matters are affecting all activities including politics, there is a need to empower people from all walks of life with business knowledge and legal maters related to businesses transactions.
END

Rescue children


THE recent incident where dead bodies dead infants were found heaped in a dumping site nearby Mwananyamala Hospital should bring more questions to sociologists and many others who feels that they are concerned.

For instance the problem could be extrapolated in other aspects like disintegration of family bonds and moral decay. These have gone hand in hand with increase in divorces.

For instance statistics collected in ten years by the Registration, Insolvency and Trusteeship Agency (RITA) had reports of registered divorces which rose to 43 in 2007/2008 year compared to 37 in the previous year.

Data collected from 1994/95 to 2007/2008 show that 2005/06 had the lowest number of registered divorces with only 28 divorces, which is a 34 per cent decline compared to the previous year.

In general there are indications that women who choose to abandon their children or even those who choose to kill them are those who do not have a guarantee of getting support from their life partners.

There is a need for finding lasting solutions to matrimonial conflicts that remove family bonds, and hence the current crises of cruelty against the innocent children, although marriage is a contract between two people, husband and wife.
END

Solve students' problems stop politicking


By Elias Mhegera
UP to 1991, Tanzania was still under the single party system, but even then there were constant student demonstrations. Today this country is under multiparty system so the current demonstrations are seen differently.

Recently one of the ruling Chama Cha Mapinduzi (CCM) main propagandists Tambwe Hiza said that the demonstrations and students crises in general are instigated by opposition parties that did not make it during the last year’s General Election.

But in essence it should be understood that problems within high learning institutions stems from the fact from the outset there had never been coherent national policy to deal with higher education.

The newly created Ministry of Science, Technology, and Higher Education in 1991, was just a shock absorber following a big student strike in 1990 at the University of Dar es Salaam which saw the ‘Hill’ as the university is also known, being closed for eight months.

The then Tanzanian President Ali Hassan Mwinyi was ill advised that students were about to organize a mass movement that would have toppled him as it had happened in Rumania, Poland and Yugoslavia, the trio were under single party system as it was in this country.

Therefore there is a need to find permanent solutions in tertiary institutions rather rush into conclusions that the constant strikes are politically instigated by the opposition parties. Rather the Governemnt should take into consideration the fact that with any kind of inflation there will be a need to increase students’ allowances.

In order to allocate resources which will cater for demands of students in tertiary institutions there is a need to reduce expenditures which are not necessary. For instance mushrooming of small training centres and institutions belonging to separate ministries and parastatals is a liability to the Government.

There is poor co-ordination in the development of higher education, resulting in duplication of programmes and awards; lack of legal and regulatory framework for the establishment of new institutions and certification; low enrolments amidst the uncoordinated proliferation of institutions.

While there is an increase of tertiary institutes but there are no enough infrastructures like hostels to support accommodation for students. There are no enough preparations of lecturers and learning materials including libraries and theatres to meet the ever increasing number of students.

This need then calls for harmonization of long term plans in the provision of higher education. The council for accreditation should be empowered in order to meet these purposes. The dramatic expansion of enrolments should not compromise the quality of education.

Institutionalization of cost sharing should be a measure to reduce the burden to the Governemnt but also it should not be a catalyst to classes and gender imbalances in enrolments. Female have the right to participation in the running of their country.
mhegeraelias@yahoo.com, Tel: 0754-826272

Monday, February 7, 2011

Kikwete: Abject poverty looms despite good economic growth





Monday, September 1, 2008

By Elias Mhegera

PRESIDENT Jakaya Kikwete yesterday declared that the
country still faced the challenge of promoting economic growth
to reduce surging poverty levels that were still prevalent despite
the impressive growth rates achieved so far.

In his address to the nation through the Parliament, the
President addressed several key areas that covered the state of
the economy, Union matters, the issue of Muafaka, corruption,
leadership code, judiciary, and women integration in the
political process.

He said some of the challenges to economic
growth were due to natural catastrophes and shortages that
were not anticipated before. “The noise that the public
is making about increased costs of living is not out of the blue,
it is justifiable,” said President Kikwete, who acknowledged
the difficult economic and social conditions people were now
facing.

He outlined the factors that had led to these conditions
as including the energy crisis that had brought about sharp
increases of oil prices and the 2006 drought that hit the
country hard, leading to scarcity of electricity.

The President also hinted at other economic challenges like global inflation,
which, he said, had been on the increase since the fourth phase
government came to power.