Mada za sehemu hiiDemocratic Process And PracticesMada 4
The United Republic of Tanzania is a multiparty state consisting of the mainland and the Zanzibar archipelago. The union is headed by a president, who is also the Head of State, Head of government and the Commander-in Chief of the Armed Forces. It has a unicameral legislative body, that is, National Assembly (Parliament). The history of human rights started soon after independence when the government ratified different treaties and agreements. Tanzania's subscription to human rights is reflected in the Constitution, Acts of Parliament, customary law, religious law, received law, international treaties and conventions, bylaws and subsidiary legislation and orders or circulars.
Characteristics of human rights
The following are some of the key characteristics of human rights:
- Universality and inalienability: Human rights are universal and inalienable. This means that they are conferred on an individual because of his existence, and that no one can take them;
- Indivisibility: Human rights are indivisible. Human rights, whether civil, political, economic, social, or cultural, are indivisible in the sense that they have equal status and are all inherent to the dignity of every human being;
- Inter-dependence and inter-relatedness: This means that when a certain right is realised, it provides a way to the realisation of another right. For example, the realisation of the right to education provides a way to the realisation of the right to health;
- Human rights are never absolute: Man is a social animal and lives in a civic society that always restricts the enjoyment of his rights and freedom;
- Human rights are dynamic: Human rights are not static; they are dynamic. Human rights continues expanding or increasing. Judges should interpret laws in such a way that they are in tune with the changes in social values. For example, the right to be cared for in sickness to includes full medical treatment under the public health scheme, for certain special groups.
- Rights as a limit on state power: Human rights imply that, every individual has legitimate claims upon his or her society for certain freedoms and beliefs. Hence, human rights limit the state's power. They prevent it from violating the alienable freedom of the individuals. Freedoms that are enumerated under the right to liberty forbid the State from interfering with the individual.
- Human rights are irrevocable: This means they cannot be taken away by any power or authority because these rights originate with man's social welfare and the society of human beings, and belong to a person simply because he/ she is a human being.
The role of the government and individuals in protecting human rights
The role of the government in protecting human rights
The primary role of the government is to engage in the development of human rights standards, institutions, and supervisory mechanisms; as explained below.
- Ratifications of different treaties and conventions: The government has to ratify and implement different international human rights laws. Also it is required to refrain from interfering with the enjoyment of human rights and enhance protection of individuals and groups against human rights abuses;
- Ensure access to justice: An independent legal profession is crucial toensuring access to justice. This means that, there must be effective, adequately resourced offices of the Public Solicitor and the Public Prosecutor so that the legal system can function effectively. Thus, strengthening the judiciary's capacity and the legal aid system should be given high priority in national budgets;
- Provision of public education: Whatever mechanisms are adopted, there must be effective strategies for providing education to the public so that it is aware of human rights and protect them. This can only be achieved if the government collaborates with other stakeholders like civil society, the private sector and individuals. In enforcing human rights law, the reasons for making certain judgements must be published, and the media coverage of different cases assists in improving peoples understanding of human rights;
- Perceived conflicts between international standards and cultural rights and practices: The relationship between customary law and international human rights standards continues to be antagonistic. Whenever a collision occurs the government needs to contextualise international human rights laws. It is crucial to identify human rights issues about which people need more education;
- Non- discrimination: The government has to ensure that no one is discriminated against. States and governments are required to refrain from discriminatory practices in implementing laws, regulations, and programmes; and
- Maintain peace and security: The government has the legal obligation to protect and promote human rights, including the right to social security, and to ensure that people enjoy their rights in freedom.
The role of individual citizen in protecting human rights
- Individual citizens must know their fundamental human rights: It is the responsibility of every individual to understand human rights. If they know them, it will be difficult for anybody to deny them their rights. It can also protect them from any form of abuse and discrimination;
- Individuals with knowledge of human rights must educate others: Those who received education about human rights during formal studies are responsible for imparting the knowledge to those who do not have it. The knowledge will enable them to promote and enjoy human rights and defend or protect other people's rights;
- An individual can establish human rights forums: Everyone is free to enjoy human rights. There are some rights that an individual can enjoy in groups such as the freedom of assembly, having a family, and receiving an education. It is the individual's responsibility to start human rights forums;
- Reporting cases of human rights abuse to the relevant authorities: In Tanzania, it is the citizen's duty to cooperate with the government in protecting and promoting human rights; and
- Being a good example to others: A good citizen must uphold human rights by promoting and protecting them by obeying laws voluntarily and acting as an exemplary person in pursuing human rights values and promoting peace and harmony in the society. Therefore, every person must refrain from every source of evils and protect others, especially those subjected to abuse, neglect, and isolation.
The role of civil society organisations in developing and protecting human rights
- Increasing government accountability
- Promoting awareness about human rights
- Advocacy
- Checks and balance
- Bringing innovative ideas and solutions to development challenges
- Providing social services
The concept of civic education
Civic education is also known as citizen education. Broadly, it refers to the provision of information and learning experiences to prepare and empower citizens to participate in democratic processes. Civic education is a form of education which is primarily designed and organised to produce good and useful people who know what is happening in the government and beyond. This education can take different forms, including classroom-based learning, informal training, experiential learning and mass-media campaigns. At local, national, and international levels, civic education is given to the youth and adults, using various methods.
The role of civic education in building civic competence
- Provision of knowledge of the political system.
- Enabling them to analyse public issues
- Provision of knowledge on disposition adoptions
- Provision of knowledge of responsible citizenship
- Provision of knowledge of advocacy
The importance of democratic principles in conflicts management
- Democratic principles promote fairness
- Democratic principles promote peace
- Democratic principles facilitate justice
- Democratic principles promote human rights
The role of consensus and compromise in building and enhancing a culture of democracy
- Enhancing participation in decision-making
- Engaging and empowering peoples
- Equalising the distribution of power
- Creating a shared understanding
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