CHAPTER 391
COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Construction.

   3.   Application.

   4.   Interpretation.

PART II
THE COMMISSION

   5.   Act to regulate the Commission.

   6.   Functions of the Commission.

   7.   Composition.

   8.   Tenure and conditions of service.

   9.   Members to relinquish certain offices.

   10.   Removal of Commissioners.

   11.   Executive Secretary and other staff of Commission.

   12.   Oaths.

PART III
STATUS, POWERS AND COMPETENCE OF COMMISSION

   13.   Commission a public department.

   14.   Independence of the Commission.

   15.   Powers of the Commission.

   16.   Limitations and restrictions on investigations.

   17.   Status of proceedings, decisions and witnesses.

   18.   Proceedings in public.

   19.   Secrecy and confidentiality.

   20.   Procedure for hearings.

   21.   Meetings and decisions of the Commission.

PART IV
COMPLAINTS AND INVESTIGATIONS

   22.   Manner of bringing complaints.

   23.   Representation.

   24.   Notice of complaint and opportunity to be heard.

   25.   Special powers of investigation.

   26.   Procedure in respect of investigation.

   27.   Evidence at investigations.

   28.   Procedure after investigations.

PART V
FINANCES, AUDIT AND REPORTS

   29.   Resources of the Commission.

   30.   Accountability.

   31.   Estimates of revenue and expenditure.

   32.   Audit.

   33.   Annual reports.

   34.   Special reports.

   35.   Other reports.

PART VI
MISCELLANEOUS PROVISIONS

   36.   Procedure, etc., of the Commission.

   37.   Offences and penalties.

   38.   Regulations.

   39.   [Repeal of Act No. 25 of 1966.]

   40.   Transitional.

SCHEDULE

CHAPTER 391
THE COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE ACT

An Act to make provisions in pursuance of article 131 of the Constitution in relation to the functions, powers, privileges and other matters of the Commission for Human Rights and Good Governance and related matters.

[9th May, 2001]
[G.N. No. 67 of 2001]

Acts Nos.
7 of 2001
16 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Commission for Human Rights and Good Governance Act.

2.   Construction

   This Act shall be read together with the Constitution.

3.   Application

   This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar.

4.   Interpretation

   In this Act, unless the context requires otherwise–

   "Appointments Committee" means the committee established by Article 129(4) of the Constitution;

   "appropriate Authority" includes any person or authority, whether corporate or otherwise, to whom or to which a recommendation is made by the Commission under the provisions of section 28;

   "Chairman" means the Chairman of the Commission or, where appropriate, a Commissioner performing the functions of the Chairman;

   "Commission" means Commission established by Article 129 of the Constitution;

   "Commissioner" and "Assistant Commissioner" means a Chairman or other members of the Commission appointed in pursuance of Article 129 of the Constitution;

   "Constitution" means the Constitution of the United Republic of Tanzania *;

   "enquiry" means an enquiry carried out by the Commission in pursuance of the provisions of this Act;

   "Government" includes the Government of the United Republic, the Revolutionary Government of Zanzibar, or a local government discharging the power or authority of or on behalf of a local government authority;

   "High Court" means the High Court of the United Republic or the High Court of Zanzibar;

   "member" means a Commissioner or Assistant Commissioner;

   "Minister" means the Minister for the time being responsible for human rights;

   "public officer" or "public office" means every officer or department vested with or performing duties of a public nature, and includes an officer or department under the control of a local government authority, the Community or a public corporation or other authority by whatever name called.

PART II
THE COMMISSION (ss 5-12)

5.   Act to regulate the Commission

   The composition, functions, powers, privileges and other matters in relation to the Commission for Human Rights and Good Governance established by Article 129 of the Constitution * shall be regulated by the provisions of this Act.

6.   Functions of the Commission

   (1) The Commission shall carry out the following functions–

   (a)   to promote within the country the protection and the preservation of human rights and of duties to the society in accordance with the Constitution and the laws of the land;

   (b)   to receive allegations and complaints in the violation of human rights generally;

   (c)   to conduct enquiries into matters involving the violation of human rights and the contravention of the principles of administrative justice;

   (d)   to conduct research into human rights, administrative justice and good governance issues and to educate the public about such issues;

   (e)   when necessary, to institute proceedings in court designed to terminate activities involving the violation of human rights or redress the right or rights so violated, or the contravention of the principles of administrative justice;

   (f)   to investigate the conduct of any person to whom or any institution to which the provisions of this section apply in the ordinary course of the exercise of the functions of his office or discharge of functions in excess of authority;

   (g)   to investigate or inquire into complaints concerning practices or actions by persons holding office in the service of the government, public authorities or other public bodies, including private institutions and private individuals where those complaints allege abuse of power, injustice, unfair treatment of any person, whether complainant or not, in the exercise of their official duties;

   (h)   to visit prisons and places of detention or related facilities with a view to assessing and inspecting conditions of the persons held in such places and making recommendations to redress the existing problems in accordance with the provisions of this Act;

   (i)   to take steps to secure the remedying, correction, reversal or cessation of instances referred to paragraphs (e), (f), (g) or (h) through fair, proper and effective means, including the institution of legal proceedings;

   (j)   to provide advice to the government and to other public organs and private sector institutions on specific issues relating to human rights and administrative justice;

   (k)   to make recommendations relating to any existing or proposed legislation, regulations, or administrative provisions to ensure compliance with human rights norms and standards and with the principles of good governance;

   (l)   to promote ratification of or accession to treaties or conventions on human rights, harmonization of national legislation and monitor and assess compliance, within the United Republic, by the government and other persons, with human rights standards provided for in treaties or conventions or under customary international law to which the United Republic has obligations;

   (m)   under the auspices of the government, to cooperate with agencies of the United Nations, the OAU, the Commonwealth and other bilateral, multilateral or regional and national institutions of other countries which are competent in the areas of protection and promotion of human rights and administrative justice;

   (n)   to take such measures as may be appropriate for the promotion and development of mediation and reconciliation amongst the various persons and institutions who come or are brought before the Commission;

   (o)   to perform such other functions as may be provided for by any other written law.

   (2) Without prejudice to provisions of subsection (1), the Commission shall, generally in relation to members of the public, use Commission's good office to promote, protect and where necessary to provide assistance to persons whose human rights have or are in imminent danger of being violated.

7.   Composition

   (1) The Commission shall consist of–

   (a)   a Chairman, who shall be a person qualified for appointment as Judge of the High Court or a Judge of the Court of Appeal;

   (b)   a Vice-Chairman who shall be appointed on the basis of the principle that where the Chairman hails from one part of the United Republic then the Vice-Chairman shall be a person who hails from the other part of the Union;

   (c)   not more than five other Commissioners appointed from amongst persons who have knowledge, experience and a considerable degree of involvement in matters relating to human rights, law, government, politics or social affairs;

   (d)   Assistant Commissioners.

   (2) The President shall, acting upon recommendations of the Appointments Committee, appoint the Commissioners and Assistant Commissioners.

   (3) A person shall be qualified for appointment as a Commissioner or Assistant Commissioner who is of the highest reputation and is known for his high morality, integrity, impartiality and competence in matters of human rights and good governance.

   (4) The Minister shall make regulations providing for the procedure to be followed by the Appointment Committee and involvement of the civil society in scouting the candidates for appointment to be the Commissioners and Assistant Commissioners.

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