| TANZANIA United Republic of Tanzania Jamhuri ya Muungano wa Tanzania Joined United Nations: 14 December 1961 Human Rights as assured by their constitution Updated 15 March 2013 |
PART III
BASIC RIGHTS AND DUTIES
The Right to Equality
Act No. 15 of 1984 s.6
12.- (1) All human beings are born free, and are all equal.
(2) Every person is entitled to recognition and respect for his dignity.
Equality before the law
Act No. 15 of 1984 s.6
Act No. 4 of 1992 s.8
13.-(1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.
(2) No law enacted by any authority in the Act No. 15 of 1984 United Republic shall make any provision that is discriminatory either of
itself or m its effect.
(3) The civic rights, duties and interests of every of 1992 person and community shall be protected and determined by the courts of law
or other state agencies established by or under the law.
(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or
business of any state office,
(5) For the purposes of this Article the expression ''discriminate'' means to satisfy the needs, rights or other requirements of different
persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion or station in life such that certain
categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories
are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary
qualifications.
(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 shall agency, that Person 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;
(b) no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence;
(c) no person shall be punished for any act which at the time of its commission was not an offence under the law, and also no penalty
shall be imposed which is heavier than the penalty in force at the time the offence was committed;
(d) for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to
investigations and criminal process, and in any other matters for which a person is restrained, or in the execution of a sentence;
(e) no person shall be subjected to torture or inhuman or degrading punishment or treatment.
The Right to Life
Act No. 15 of 1984 s.6
14. Every person has the right to live and to the protection of his life by the society in accordance with law.
Right to freedom of movement
Act No. 15 of 1984 s.6
15.-(1) Every person has the right to and to freedom live as a free person.
(2) For the purposes of preserving individual, freedom and the right to live as a free person, no person shall be arrested, imprisoned,
confined, detained, deported or otherwise be deprived of his freedom save only-
(a) under circumstances and in accordance with procedures prescribed by law; or in the execution of a judgment, order or a sentence
given or
(b) passed by the court following a decision in a legal proceeding or a conviction for a criminal offence.
Right to privacy and personal security
Act No. 15 of 1984 s.6
16.-(1) Every person is entitled to respect and privacy and protection of his person, the privacy of his own person, his family and of his
matrimonial life, and respect and protection of his residence and private communications.
(2) For the purpose of preserving the person's right in accordance with this Article, the state authority shall lay down legal procedures
regarding the circumstances, manner and extent to which the right to privacy, security of his person, his property and residence may be
encroached upon without prejudice to the provisions of this Article.
Right to Freedom of movement
Act No. 15 of 1984 s.6
17.-(1) Every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part
of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic.
(2) Any lawful act or any law which is intended to- (a) curtail a person's freedom of movement and to restrain or imprison
him; or
(b) limit a person from exercising his freedom of movement so as to -
(i) execute a judgment or court order; or compel a person first to comply with any obligations arising under another law; or
(b) protect public interest in general or
(c) preserve certain special interest or interests of a certain section of the public, such act or law shall not be or be held to be repugnant to
or inconsistent with the provisions of this Article.
The Freedom of Expression
Act No. 15 of 1984 s.6
18.- (1) Without prejudice to expression the laws expression, of the land, every person has the right to freedom of opinion and
expression, and to seek, receive and impart or disseminate information and ideas through any media regardless of national frontiers, and
also has the right of freedom from interference with his communications.
(2) Every citizen has the right to be informed at all times of various events in the country and the world at large which are of importance
to the lives and activities of the people and also of issues of importance to society.
Right to the freedom of religion
Act No. 15 of 1984 s.6, Act No. 4 of 1992 s.9
19.-(1) Every person has the right to the freedom of thought or conscience, belief or faith, and
choice in matters of religion, including the freedom to change his religion of faith.
(2) without prejudice to the relevant laws of the United Republic the profession of religion, worship and propagation Of religion shall be
free and a private affair of an individual; and the affairs and management of religious bodies shall not be part of the activities of the state
authority.
(3) In this Article reference to the word "religion'' shall be construed as including reference be religious denominations, and cognate
expressions shall be construed accordingly.
Freedom of association
Act. No. 15 of 1984 s.6
20. (1) Every person is entitled to freedom, subject to the laws of the land, to freely and peaceably assemble, associate and cooperate with
other persons, express views Publicly, and more specially to form or join associations or organisations formed for the purposes of
preserving of furthering his beliefs or interests or any other interests,
(2) Notwithstanding the provisions of subarticle (1) it shall not be lawful for any political entity to be registered which according to its
constitution or policy -
(a) aims at promoting or furthering the interests of:
(i) any religious faith or group;
(ii) any tribal group,
(iii) place of origin, race or gender;
only a particular -area within any Part of the United Republic;
(b) advocates for the break-up of the United Republic;
(c) accepts or advocates for the use of force or violent confrontation as means of attaining its political goals;
(d) advocates or intends to carry on its Political activities in only one part of the United Republic;
(e) does not Permit Periodic and democratic election of its leaders.
(3) Parliament may enact legislation which makes Provision for ensuring that political Parties operate within the limits and adhere to the
conditions set out in subarticle (2) concerning the freedom and the right of persons to associate and assemble.
(4) Subject to the relevant laws of the land, it shall be unlawful for any person to be compelled to join any association or organisation, or
for any association or any political party to be refused registration on grounds only of its ideology or philosophy.
Freedom to participate in public affairs
Act No. 15 of 1984 s.6
21. (1) Subject to the provisions of Article 5,39 and 67 of this Constitution and of the laws of the land in connection with the conditions
for electing and being elected or for appointing and being appointed to take part in matters related to governance of the country, every
citizen of the United Republic is entitled to take part in matters pertaining to the governance of the country, either directly or through
representatives freely elected by the people, in conformity with the procedures laid down by, or in accordance with, the law.
(2) Every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his
well-being or the nation.
The Right to Work
Act No. 15 of 1984 s.6
22. (1) Every person has the right to work.
(2) Every citizen is entitled to equal work opportunity and right on equal terms to hold any office or discharge any function under the state
authority.
Right to just remuneration
Act No. 15 of 1984 s.6
23. (1) Every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons
working according to their remuneration ability shall be remunerated according to the measure and nature of the work done.
(2) Every person who works is entitled to just remuneration.
Right to own property
Act. No. 15 of 1984 s.6
24. (1) Subject to the provisions of the relevant laws of the land, every person is entitled to own property, and has a right to the
protection of his property held in accordance with law.
(2) Subject to the provisions of subarticle (1) it shall be unlawful for any person to be deprived of property for the purposes on
nationalisation or any other purposes without the authority of law which makes Provision for fair and adequate compensation..
Duties to the Society
Act No. 15 of 1984 s.6
25. (1) Work alone creates the material wealth in society, and is the source of the well-being of the people
and the measure of human dignity. Accordingly, every person has the duty to-
(a) participate voluntarity and honestly in lawful and productive work; and the and.
(b) Observe work discipline and strive to attain the individual and group production targets desired or set by law
(2) Notwithstanding the provisions of subarticle
(1), there shall be no forced labour in the United Republic
(3) For the purposes of this Article, and in this Constitution generally, it is hereby declared that no work Shall be deemed to be forced,
cruel or humiliating labour, if such work is according to law -
(a) work which has to be done pursuant to a judgment or order of a court;
(b) work which has to be done by members of any Force in the discharge of their responsibilities;
(c) work which has to be done by any person due to a state of emergency or
(d) any calamity which threatens the life or well-being of the society;
(e) any work or service which forms part of -
(i) routine services for ensuring the well-being of society;
(ii) Compulsory national provided for by service law;
(iii) the national endeavour at the human mobilization of resources for the enhancement of the society and the national economy and to
ensure development and national productivity.
Duty to abide by the laws of the land
Act No. 15 of 1984 s.6
26. (l) Every person has the duty to observe and to abide by this Constitution and the laws of the United Republic.
(2) Every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection of this
Constitution and the laws of the land.
Duty to safeguard public property
Act No. 15 of 1984 s.6
27. (1) Every person has the duty to protect the
natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to
respect another person' property. All persons shall be required by law to safeguard the property of the state authority and all property
collectively owned by the people, to combat all forms of waste and squander, and to manage the national economy assiduously with the
attitude of people who are masters of the destiny of their nation.
Defense of the nation
Act No. 15 of 1984 s.6
28.-(1) Every citizen has the duty to protect, preserve and maintain the independence, sovereignty, and unity of the nation.
(2) Parliament may enact appropriate laws to enable the people to serve in the Forces and in the defence of the nation.
(3) No person shall have the right to sign an act of capitulation and surrender of the nation to the victor, nor ratify or recognize an act of
occupation or division of the United Republic or of any area of the territory of the nation and, subject to this Constitution and any other
laws enacted, no person shall have the right to prevent the citizens of the United Republic from waging war against any enemy who
attacks the nation.
(4) Treason as defined by law shall be the most grave offence against the United Republic.
Fundamental rights and duties
Act No. 15 of 1984 s.6
General Provisions
29.-(1) Every person in the United Republic has the enjoy fundamental human rights and the rights and benefits of the fulfilment by every
person of his duty to duties society, as provided in Articles 12 to 28 of this Part of this of 1984 Chapter of the Constitution.
(2) Every person in the United Republic has the right to equal protection under the laws of the United Republic.
(3) No citizen of the United Republic shall have a right, status or special position on the basis of his lineage, tradition or descent.
(4) It is hereby prohibited for any law to confer any right, status, or special position upon any citizen of the United Republic on the basis
of lineage, tradition or descent.
(5) In order that all persons may benefit from the rights and freedoms specified by this Constitution, every person has the duty to so
conduct himself and his affairs as not to infringe upon the rights and freedoms of others or the public interest.
Limitations upon and enforcement and preservation of basic human rights freedoms and duties
Act No. 15 of 1984 s.6 and Act No. 34 of 1994 of s.6
30.-(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.
(2) It is hereby declared that the provision contained in this Part of this Constitution which set out the basic human rights, freedoms and
duties, do not invalidate any existing legislation or prohibit the enactment of any legislation or the doing of any lawful act in accordance
with such legislation for the purposes of.
(a) ensuring that the rights and freedoms of other people or of the interests of the public are not prejudiced by the wrongful exercise of the
freedoms and rights of individuals;
(b) ensuring the defence, public safety, public order, public morality, public health, rural and urban planning, the development
exploitation and utilization of minerals or the increase and development of Property Or any other interests for the purposes of enhancing
the public benefit;
(c) ensuring the execution of a judgment or order of a court given or made in any civil or criminal matter;
(d) protecting the reputation, rights and freedoms of others or the privacy of persons involved in any court prohibiting the proceedings,
confidential disclosure of information, or safeguarding the dignity, authority and independence of the courts;
(e) imposing restrictions, supervising and controlling the formation, management and activities of private societies and organisations in
the country; or
(f) enabling any other thing to be done which promotes, or preserves the national interest in general.
(3) Any person alleging that any provision in this Part of this Chapter 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 bear 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;
(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.
Extraordinary Power of the State Authority
Derogation from rights and freedoms
Act No. 15 of 1984 s.6
31.-(1) Apart from the provisions of Article 30(2), freedoms any law enacted by Parliament shall not be void for the
reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to
engage m activities which endanger or prejudice the security of the nation, which measures derogate from the provisions of Articles 14
and 15 of this Constitution.
(2) It is hereby prohibited to take any of the measures referred to m subarticle (1) of this Article in pursuance of any law during a state of
emergency or in normal times in relation to any person, save only to the extent that they are necessary and justifiable for dealing
with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the
person concerned.
(3) It is hereby declared tat the provisions a this Article shall not authorize the deprivation of a person's right to live save only for deaths
resulting from acts of war.
(4) In this and the following Articles of this Part, ''state of emergency'' means any period ending which the Proclamation of State of
Emergency made by the President in the exercise of the powers conferred on him by Article 32, is in force.
Power to proclaim state of emergency
Act No. 15 or 1984 s.6
32.-(1) Subject to this Constitution or to any law enacted by Parliament in that behalf, the President may proclaim a state of emergency in
the United Republic or in any part thereof.
(2) The President may proclaim a state of emergency only if.
(a) the United Republic is at war; or
(b) there is real danger that the United Republic is about to be invaded and to be in a state of war; or
(c) there is actual situation of breakdown of public order or non-existence of public security in the United Republic or in any part there of
such that it is necessary to take extraordinary measures to restore order and security; or
(d) there is a clear and grave danger such that the breakdown of public order and the cessation of public safety in the United Republic or
any part thereof are inescapable except by invoking the extraordinary powers; or
(e) there is imminent occurrence of danger, disaster or environmental calamity which threatens the society or part thereof in the United
Republic or,
(f) there is some other kind of danger which clearly constitutes a threat to the state.
(3) In the event a state of emergency is proclaimed in relation to the whole of the United Republic, or to the whole Of Mainland Tanzania
or the whole of Tanzania Zanzibar, the President shall forthwith transmit a copy of the proclamation to the Speaker of the National
Assembly who, after consultation with the Leader of Government Business m the National Assembly shall convene a meeting of the
National Assembly within not more than fourteen days, to consider the situation and decide, whether to pass or not to pass a resolution,
which has to be supported by the votes of not less than two thirds of all members, in support Of the Proclamation of a state of
emergency issued by the President.
(4) Parliament may enact a legislation Providing for times and procedures which will enable certain Persons in charge of Government
functions in specified areas of the United Republic to request the President to exercise the powers conferred on him by this Article in
relation to any of those areas where there exists any of the situations specified in paragraphs (c), (d) and (e) of subarticle (2) and such
situation does not extend beyond the boundaries of such areas, and also for the purpose of specifying the exercise of executive powers
during a state of emergency.
(5) A proclamation issued by the President pursuant to this Article shall cease to have effect-
(a) if it is revoked by the President;
(b) if fourteen days lapse from the date of the proclamation without there being passed the resolution referred to in subarticle (3);
(c) after the lapse of a period of six months from the date of the proclamation; save that a sitting of the National Assembly may, before
the expiration of the period of six months, extend from time to time the period of the operation of the proclamation for further periods of
six months by a resolution passed by votes of not less than two-thirds of all the members present;
(d) at any time when a meeting of the National Assembly revokes the proclamation by a resolution supported by votes of not less than
two-thirds of all the members.
(6) For the avoidance of doubt in the Interpretation or application of the provisions of this Article, the provisions of legislation enacted by
parliament and of any other law, concerning the proclamation of a state of emergency as provided for in this Article shall apply only to the
part of the United Republic in respect of which the state of emergency has been proclaimed.
BASIC RIGHTS AND DUTIES
The Right to Equality
Act No. 15 of 1984 s.6
12.- (1) All human beings are born free, and are all equal.
(2) Every person is entitled to recognition and respect for his dignity.
Equality before the law
Act No. 15 of 1984 s.6
Act No. 4 of 1992 s.8
13.-(1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.
(2) No law enacted by any authority in the Act No. 15 of 1984 United Republic shall make any provision that is discriminatory either of
itself or m its effect.
(3) The civic rights, duties and interests of every of 1992 person and community shall be protected and determined by the courts of law
or other state agencies established by or under the law.
(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or
business of any state office,
(5) For the purposes of this Article the expression ''discriminate'' means to satisfy the needs, rights or other requirements of different
persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion or station in life such that certain
categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories
are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary
qualifications.
(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 shall agency, that Person 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;
(b) no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence;
(c) no person shall be punished for any act which at the time of its commission was not an offence under the law, and also no penalty
shall be imposed which is heavier than the penalty in force at the time the offence was committed;
(d) for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to
investigations and criminal process, and in any other matters for which a person is restrained, or in the execution of a sentence;
(e) no person shall be subjected to torture or inhuman or degrading punishment or treatment.
The Right to Life
Act No. 15 of 1984 s.6
14. Every person has the right to live and to the protection of his life by the society in accordance with law.
Right to freedom of movement
Act No. 15 of 1984 s.6
15.-(1) Every person has the right to and to freedom live as a free person.
(2) For the purposes of preserving individual, freedom and the right to live as a free person, no person shall be arrested, imprisoned,
confined, detained, deported or otherwise be deprived of his freedom save only-
(a) under circumstances and in accordance with procedures prescribed by law; or in the execution of a judgment, order or a sentence
given or
(b) passed by the court following a decision in a legal proceeding or a conviction for a criminal offence.
Right to privacy and personal security
Act No. 15 of 1984 s.6
16.-(1) Every person is entitled to respect and privacy and protection of his person, the privacy of his own person, his family and of his
matrimonial life, and respect and protection of his residence and private communications.
(2) For the purpose of preserving the person's right in accordance with this Article, the state authority shall lay down legal procedures
regarding the circumstances, manner and extent to which the right to privacy, security of his person, his property and residence may be
encroached upon without prejudice to the provisions of this Article.
Right to Freedom of movement
Act No. 15 of 1984 s.6
17.-(1) Every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part
of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic.
(2) Any lawful act or any law which is intended to- (a) curtail a person's freedom of movement and to restrain or imprison
him; or
(b) limit a person from exercising his freedom of movement so as to -
(i) execute a judgment or court order; or compel a person first to comply with any obligations arising under another law; or
(b) protect public interest in general or
(c) preserve certain special interest or interests of a certain section of the public, such act or law shall not be or be held to be repugnant to
or inconsistent with the provisions of this Article.
The Freedom of Expression
Act No. 15 of 1984 s.6
18.- (1) Without prejudice to expression the laws expression, of the land, every person has the right to freedom of opinion and
expression, and to seek, receive and impart or disseminate information and ideas through any media regardless of national frontiers, and
also has the right of freedom from interference with his communications.
(2) Every citizen has the right to be informed at all times of various events in the country and the world at large which are of importance
to the lives and activities of the people and also of issues of importance to society.
Right to the freedom of religion
Act No. 15 of 1984 s.6, Act No. 4 of 1992 s.9
19.-(1) Every person has the right to the freedom of thought or conscience, belief or faith, and
choice in matters of religion, including the freedom to change his religion of faith.
(2) without prejudice to the relevant laws of the United Republic the profession of religion, worship and propagation Of religion shall be
free and a private affair of an individual; and the affairs and management of religious bodies shall not be part of the activities of the state
authority.
(3) In this Article reference to the word "religion'' shall be construed as including reference be religious denominations, and cognate
expressions shall be construed accordingly.
Freedom of association
Act. No. 15 of 1984 s.6
20. (1) Every person is entitled to freedom, subject to the laws of the land, to freely and peaceably assemble, associate and cooperate with
other persons, express views Publicly, and more specially to form or join associations or organisations formed for the purposes of
preserving of furthering his beliefs or interests or any other interests,
(2) Notwithstanding the provisions of subarticle (1) it shall not be lawful for any political entity to be registered which according to its
constitution or policy -
(a) aims at promoting or furthering the interests of:
(i) any religious faith or group;
(ii) any tribal group,
(iii) place of origin, race or gender;
only a particular -area within any Part of the United Republic;
(b) advocates for the break-up of the United Republic;
(c) accepts or advocates for the use of force or violent confrontation as means of attaining its political goals;
(d) advocates or intends to carry on its Political activities in only one part of the United Republic;
(e) does not Permit Periodic and democratic election of its leaders.
(3) Parliament may enact legislation which makes Provision for ensuring that political Parties operate within the limits and adhere to the
conditions set out in subarticle (2) concerning the freedom and the right of persons to associate and assemble.
(4) Subject to the relevant laws of the land, it shall be unlawful for any person to be compelled to join any association or organisation, or
for any association or any political party to be refused registration on grounds only of its ideology or philosophy.
Freedom to participate in public affairs
Act No. 15 of 1984 s.6
21. (1) Subject to the provisions of Article 5,39 and 67 of this Constitution and of the laws of the land in connection with the conditions
for electing and being elected or for appointing and being appointed to take part in matters related to governance of the country, every
citizen of the United Republic is entitled to take part in matters pertaining to the governance of the country, either directly or through
representatives freely elected by the people, in conformity with the procedures laid down by, or in accordance with, the law.
(2) Every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his
well-being or the nation.
The Right to Work
Act No. 15 of 1984 s.6
22. (1) Every person has the right to work.
(2) Every citizen is entitled to equal work opportunity and right on equal terms to hold any office or discharge any function under the state
authority.
Right to just remuneration
Act No. 15 of 1984 s.6
23. (1) Every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons
working according to their remuneration ability shall be remunerated according to the measure and nature of the work done.
(2) Every person who works is entitled to just remuneration.
Right to own property
Act. No. 15 of 1984 s.6
24. (1) Subject to the provisions of the relevant laws of the land, every person is entitled to own property, and has a right to the
protection of his property held in accordance with law.
(2) Subject to the provisions of subarticle (1) it shall be unlawful for any person to be deprived of property for the purposes on
nationalisation or any other purposes without the authority of law which makes Provision for fair and adequate compensation..
Duties to the Society
Act No. 15 of 1984 s.6
25. (1) Work alone creates the material wealth in society, and is the source of the well-being of the people
and the measure of human dignity. Accordingly, every person has the duty to-
(a) participate voluntarity and honestly in lawful and productive work; and the and.
(b) Observe work discipline and strive to attain the individual and group production targets desired or set by law
(2) Notwithstanding the provisions of subarticle
(1), there shall be no forced labour in the United Republic
(3) For the purposes of this Article, and in this Constitution generally, it is hereby declared that no work Shall be deemed to be forced,
cruel or humiliating labour, if such work is according to law -
(a) work which has to be done pursuant to a judgment or order of a court;
(b) work which has to be done by members of any Force in the discharge of their responsibilities;
(c) work which has to be done by any person due to a state of emergency or
(d) any calamity which threatens the life or well-being of the society;
(e) any work or service which forms part of -
(i) routine services for ensuring the well-being of society;
(ii) Compulsory national provided for by service law;
(iii) the national endeavour at the human mobilization of resources for the enhancement of the society and the national economy and to
ensure development and national productivity.
Duty to abide by the laws of the land
Act No. 15 of 1984 s.6
26. (l) Every person has the duty to observe and to abide by this Constitution and the laws of the United Republic.
(2) Every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection of this
Constitution and the laws of the land.
Duty to safeguard public property
Act No. 15 of 1984 s.6
27. (1) Every person has the duty to protect the
natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to
respect another person' property. All persons shall be required by law to safeguard the property of the state authority and all property
collectively owned by the people, to combat all forms of waste and squander, and to manage the national economy assiduously with the
attitude of people who are masters of the destiny of their nation.
Defense of the nation
Act No. 15 of 1984 s.6
28.-(1) Every citizen has the duty to protect, preserve and maintain the independence, sovereignty, and unity of the nation.
(2) Parliament may enact appropriate laws to enable the people to serve in the Forces and in the defence of the nation.
(3) No person shall have the right to sign an act of capitulation and surrender of the nation to the victor, nor ratify or recognize an act of
occupation or division of the United Republic or of any area of the territory of the nation and, subject to this Constitution and any other
laws enacted, no person shall have the right to prevent the citizens of the United Republic from waging war against any enemy who
attacks the nation.
(4) Treason as defined by law shall be the most grave offence against the United Republic.
Fundamental rights and duties
Act No. 15 of 1984 s.6
General Provisions
29.-(1) Every person in the United Republic has the enjoy fundamental human rights and the rights and benefits of the fulfilment by every
person of his duty to duties society, as provided in Articles 12 to 28 of this Part of this of 1984 Chapter of the Constitution.
(2) Every person in the United Republic has the right to equal protection under the laws of the United Republic.
(3) No citizen of the United Republic shall have a right, status or special position on the basis of his lineage, tradition or descent.
(4) It is hereby prohibited for any law to confer any right, status, or special position upon any citizen of the United Republic on the basis
of lineage, tradition or descent.
(5) In order that all persons may benefit from the rights and freedoms specified by this Constitution, every person has the duty to so
conduct himself and his affairs as not to infringe upon the rights and freedoms of others or the public interest.
Limitations upon and enforcement and preservation of basic human rights freedoms and duties
Act No. 15 of 1984 s.6 and Act No. 34 of 1994 of s.6
30.-(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.
(2) It is hereby declared that the provision contained in this Part of this Constitution which set out the basic human rights, freedoms and
duties, do not invalidate any existing legislation or prohibit the enactment of any legislation or the doing of any lawful act in accordance
with such legislation for the purposes of.
(a) ensuring that the rights and freedoms of other people or of the interests of the public are not prejudiced by the wrongful exercise of the
freedoms and rights of individuals;
(b) ensuring the defence, public safety, public order, public morality, public health, rural and urban planning, the development
exploitation and utilization of minerals or the increase and development of Property Or any other interests for the purposes of enhancing
the public benefit;
(c) ensuring the execution of a judgment or order of a court given or made in any civil or criminal matter;
(d) protecting the reputation, rights and freedoms of others or the privacy of persons involved in any court prohibiting the proceedings,
confidential disclosure of information, or safeguarding the dignity, authority and independence of the courts;
(e) imposing restrictions, supervising and controlling the formation, management and activities of private societies and organisations in
the country; or
(f) enabling any other thing to be done which promotes, or preserves the national interest in general.
(3) Any person alleging that any provision in this Part of this Chapter 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 bear 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;
(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.
Extraordinary Power of the State Authority
Derogation from rights and freedoms
Act No. 15 of 1984 s.6
31.-(1) Apart from the provisions of Article 30(2), freedoms any law enacted by Parliament shall not be void for the
reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to
engage m activities which endanger or prejudice the security of the nation, which measures derogate from the provisions of Articles 14
and 15 of this Constitution.
(2) It is hereby prohibited to take any of the measures referred to m subarticle (1) of this Article in pursuance of any law during a state of
emergency or in normal times in relation to any person, save only to the extent that they are necessary and justifiable for dealing
with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the
person concerned.
(3) It is hereby declared tat the provisions a this Article shall not authorize the deprivation of a person's right to live save only for deaths
resulting from acts of war.
(4) In this and the following Articles of this Part, ''state of emergency'' means any period ending which the Proclamation of State of
Emergency made by the President in the exercise of the powers conferred on him by Article 32, is in force.
Power to proclaim state of emergency
Act No. 15 or 1984 s.6
32.-(1) Subject to this Constitution or to any law enacted by Parliament in that behalf, the President may proclaim a state of emergency in
the United Republic or in any part thereof.
(2) The President may proclaim a state of emergency only if.
(a) the United Republic is at war; or
(b) there is real danger that the United Republic is about to be invaded and to be in a state of war; or
(c) there is actual situation of breakdown of public order or non-existence of public security in the United Republic or in any part there of
such that it is necessary to take extraordinary measures to restore order and security; or
(d) there is a clear and grave danger such that the breakdown of public order and the cessation of public safety in the United Republic or
any part thereof are inescapable except by invoking the extraordinary powers; or
(e) there is imminent occurrence of danger, disaster or environmental calamity which threatens the society or part thereof in the United
Republic or,
(f) there is some other kind of danger which clearly constitutes a threat to the state.
(3) In the event a state of emergency is proclaimed in relation to the whole of the United Republic, or to the whole Of Mainland Tanzania
or the whole of Tanzania Zanzibar, the President shall forthwith transmit a copy of the proclamation to the Speaker of the National
Assembly who, after consultation with the Leader of Government Business m the National Assembly shall convene a meeting of the
National Assembly within not more than fourteen days, to consider the situation and decide, whether to pass or not to pass a resolution,
which has to be supported by the votes of not less than two thirds of all members, in support Of the Proclamation of a state of
emergency issued by the President.
(4) Parliament may enact a legislation Providing for times and procedures which will enable certain Persons in charge of Government
functions in specified areas of the United Republic to request the President to exercise the powers conferred on him by this Article in
relation to any of those areas where there exists any of the situations specified in paragraphs (c), (d) and (e) of subarticle (2) and such
situation does not extend beyond the boundaries of such areas, and also for the purpose of specifying the exercise of executive powers
during a state of emergency.
(5) A proclamation issued by the President pursuant to this Article shall cease to have effect-
(a) if it is revoked by the President;
(b) if fourteen days lapse from the date of the proclamation without there being passed the resolution referred to in subarticle (3);
(c) after the lapse of a period of six months from the date of the proclamation; save that a sitting of the National Assembly may, before
the expiration of the period of six months, extend from time to time the period of the operation of the proclamation for further periods of
six months by a resolution passed by votes of not less than two-thirds of all the members present;
(d) at any time when a meeting of the National Assembly revokes the proclamation by a resolution supported by votes of not less than
two-thirds of all the members.
(6) For the avoidance of doubt in the Interpretation or application of the provisions of this Article, the provisions of legislation enacted by
parliament and of any other law, concerning the proclamation of a state of emergency as provided for in this Article shall apply only to the
part of the United Republic in respect of which the state of emergency has been proclaimed.
Tanzania has some of the oldest human settlements in the world with humanoids occupying
the region for about 2 million years. Hunter-gatherers, most likely Khoisan speakers
occupied the region about 10,000 years ago followed by Cushtic speakers about 5,000 years
ago. Bantu speakers arrived around 2,000 years ago followed by Nilotic pastoralists who
migrated into the region through the 18th century. Persian and Arab traders arrived in the
region in the 1st millennium CE settling along the coast and on the islands, particularly
Zanzibar, particularly flourishing between the 13th and 15th centuries. The Portuguese were
the first Europeans to arrive in 1498, conquering the region by 1525. With the assistance of
Omani Arabs, local tribes drove the Portuguese from the region in the early 18th century.
German missionaries penetrated the interior on the region in 1848 followed by the British in
1857 and Belgians in 1877. German colonization began in 1884 in the region referred to as
Tanganyika renaming German East Africa. The Islands of Zanzibar and Pemba became
British Protectorates in 1890. Following World War I, Germany lost possession of
Tanganyika under a League of Nations agreement with the Tanganyika region falling under
British administration and the Ruanda region partitioned and place under Belgian
administration. Tanganyika became independent 9 December 1961 (from UK-administered
UN trusteeship) and Zanzibar became independent 19 December 1963 (from UK).
Tanganyika united with Zanzibar 26 April 1964 to form the United Republic of Tanganyika
and Zanzibar and was renamed United Republic of Tanzania on 29 October 1964. The
present constitution was adopted on 25 April 1977. It has been amended many times, most
extensively in 1984 and 1992. Human rights are enumerated beginning with Part Three
(Basic Rights and Duties), conform with the 1948 Universal Declaration of Human Rights of
which Tanzania is a signatory and are detailed below. For a full English translation of
Tanzania's Constitution, click here.
the region for about 2 million years. Hunter-gatherers, most likely Khoisan speakers
occupied the region about 10,000 years ago followed by Cushtic speakers about 5,000 years
ago. Bantu speakers arrived around 2,000 years ago followed by Nilotic pastoralists who
migrated into the region through the 18th century. Persian and Arab traders arrived in the
region in the 1st millennium CE settling along the coast and on the islands, particularly
Zanzibar, particularly flourishing between the 13th and 15th centuries. The Portuguese were
the first Europeans to arrive in 1498, conquering the region by 1525. With the assistance of
Omani Arabs, local tribes drove the Portuguese from the region in the early 18th century.
German missionaries penetrated the interior on the region in 1848 followed by the British in
1857 and Belgians in 1877. German colonization began in 1884 in the region referred to as
Tanganyika renaming German East Africa. The Islands of Zanzibar and Pemba became
British Protectorates in 1890. Following World War I, Germany lost possession of
Tanganyika under a League of Nations agreement with the Tanganyika region falling under
British administration and the Ruanda region partitioned and place under Belgian
administration. Tanganyika became independent 9 December 1961 (from UK-administered
UN trusteeship) and Zanzibar became independent 19 December 1963 (from UK).
Tanganyika united with Zanzibar 26 April 1964 to form the United Republic of Tanganyika
and Zanzibar and was renamed United Republic of Tanzania on 29 October 1964. The
present constitution was adopted on 25 April 1977. It has been amended many times, most
extensively in 1984 and 1992. Human rights are enumerated beginning with Part Three
(Basic Rights and Duties), conform with the 1948 Universal Declaration of Human Rights of
which Tanzania is a signatory and are detailed below. For a full English translation of
Tanzania's Constitution, click here.