United Republic of Tanzania 1977 Constitution (reviewed 2005)

PART III. BASIC RIGHTS AND DUTIES

Section 1. The Right to Equality

12. Equality of human beings

1. All human beings are born free, and are all equal.
2. Every person is entitled to recognition and respect for his dignity.

13. Equality before the law

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 United Republic shall make any provision that is discriminatory either of itself or in its effect.
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.
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, sex 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 except that the word “discrimination” shall not be construed in a manner that will prohibit the Government from taking purposeful steps aimed at rectifying disabilities in the society.
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:
   1. 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;
   2. no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence;
   3. 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;
   4. for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to criminal investigations and process, and in any other matters for which a person is restrained, or in the execution of a sentence;
   5. no person shall be subjected to torture or inhuman or degrading punishment or treatment.

Section 2. The Right to Life

14. Right to life

Every person has the right to live and to the protection of his life by the society in accordance with law.

15. Right to personal freedom

1. Every person has the right to freedom 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—
   1. under circumstances and in accordance with procedures prescribed by law; or
   2. in the execution of a judgment, order or a sentence given or passed by the court following a decision in a legal proceeding or a conviction for a criminal offence.

16. Right to privacy and personal security

1. Every person is entitled to respect 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.

17. Right to freedom of movement

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—
   1. curtail a person’s freedom of movement and to restrain or imprison him; or
   2. limit a person from exercising his freedom of movement so as to—
      1. execute a judgment or court order; or
      2. compel a person first to comply with any obligations arising under another law; or
      3. protect public interest in general or 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.

Section 3. The Right to Freedom of Conscience

18. Freedom of expression

Every person –

1. has a freedom of opinion and expression of his ideas;
2. has a right to seek, receive and, or disseminate information regardless of national boundaires;
3. has the freedom to communicate and a freedom with protection from interference from his communication;
4. has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society.

19. Right to freedom of religion

1. Every person has the right to the freedom to have conscience, or faith, and choice in matters of religion, including the freedom to change his religion or faith.
2. Protection of rights referred to in this Article shall be in accordance with the provisions prescribed by the laws which are of importance to a democratic society for security and peace in the society, integrity of the society and the national coercion.
3. In this Article reference to the word “religion” shall be construed as including reference to religious denominations, and cognate expressions shall be construed accordingly.

20. Person’s freedom of association

1. Every person has a freedom, to freely and peaceably assemble, associate and cooperate with other persons, express views publicly and to form and join with associations or organisations formed for purposes of preserving or furthering his beliefs or interests or any other interests.
2. Notwithstanding the provisions of subarticles (1) and (4), it shall not be lawful for any political entity to be registered which according to its constitution or policy—
   1. aims at promoting or furthering the interests of:
      1. any religious faith or group;
      2. any tribal group, place of origin, race or gender;
      3. only a particular area within any part of the United Republic;
   2. advocates for the break-up of the United Republic;
   3. accepts or advocates for the use of force or violent confrontation as means of attaining its political goals;
   4. advocates or intends to carry on its political activities in only one part of the United Republic;
   5. does not permit periodic and democratic election of its leaders.
3. Parliament may enact legislation which makes provisions 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. It shall be unlawful for any person to be compelled to join any association or organization, or for any association or any political party to be refused registration on grounds solely the ideology or philosophy of that political party.

21. Freedom to participate in public affairs

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.

Section 4. The Right to Work

22. Right to work

1. Every person has the right to work.
2. Every citizen is entitled to equal opportunity and right on equal terms to hold any office or discharge any function under the state authority.

23. Right to just remuneration

1. Every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons working according to their ability shall be remunerated according to the measure and nature of the work done.
2. Every person who works is entitled to just remuneration.

24. Right to own property

1. Every person is entitled to own property, and has a right to the protection of his property held in accordance with the law.
2. Subject to the provisions of subarticle (1), it shall be unlawful for any person to be deprived of property for the purposes of nationalisation or any other purposes without the authority of law which makes provision for fair and adequate compensation.

Section 5. Duties to the Society

25. Duty to participate in work

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—
   1. participate voluntarily and honestly in lawful and productive work; and
   2. 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—
   1. work which has to be done pursuant to a judgment or order of a court;
   2. work which has to be done by members of any Force in the discharge of their responsibilities;
   3. work which has to be done by any person due to a state of emergency or any calamity which threatens the life or well-being of the society;
   4. any work or service which forms part of—
      1. routine services for ensuring the well-being of society;
      2. compulsory national service provided for by law;
      3. the national endeavour at the mobilization of human resources for the enhancement of the society and the national economy and to ensure development and national productivity.

26. Duty to abide by the laws of the land

1. 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.

27. Duty to safeguard public property

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.
2. 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.

28. Defence of the nation

1. Every citizen has the duty to protect, preserve and maintain the independence, sovereignty, territory 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.

Section 6. General Provisions

29. Fundamental rights and duties

1. Every person in the United Republic has the right to enjoy fundamental human rights and the benefits of the fulfilment by every person of his duty to society, as provided in Articles 12 to 28 of this Part of this 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.

30. Limitations upon, and enforcement and preservation of basic rights, freedoms and duties

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 provisions 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—
   1. 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;
   2. ensuring the defence, public safety, public order, public morality, public health, rural and urban development planning, the exploitation and utilization of minerals or the increase and development of property or any other interests for the purposes of enhancing the public benefit;
   3. ensuring the execution of a judgment or order of a court given or made in any civil or criminal matter;
   4. protecting the reputation, rights and freedoms of others or the privacy of persons involved in any court proceedings, prohibiting the disclosure of confidential information, or safeguarding the dignity, authority and independence of the courts;
   5. imposing restrictions, supervising and controlling the formation, management and activities of private societies and organisations in the country; or
   6. 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 hear and determine any matter brought before it pursuant to this Article; and the state authority may enact legislation for the purposes of—
   1. regulating procedure for instituting proceedings pursuant to this Article;
   2. specifying the powers of the High Court in relation to the hearing of proceedings instituted pursuant to this Article;
   3. 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.

Section 7. Extraordinary Powers of the State Authority

31. Derogation from rights and freedoms

1. Apart from the provisions of Article 30(2), 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 in 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 in 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 that the provisions of 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 during 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.

32. Power to proclaim state of emergency

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—
   1. the United Republic is at war; or
   2. there is real danger that the United Republic is about to be invaded and to be in a state of war; or
   3. there is actual situation of breakdown of public order or non-existence of public security in the United Republic or in any part thereof such that it is necessary to take extraordinary measures to restore order and security; or
   4. 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
   5. there is imminent occurrence of danger, disaster or environmental calamity which threatens the society or part thereof in the United Republic or;
   6. 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 in 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—
   1. if it is revoked by the President;
   2. if fourteen days lapse from the date of the proclamation without there being passed the resolution referred to in subarticle (3);
   3. 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;
   4. 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.