Tanzania Government dragged before East African Court of Justice for allegedly forcing periodical pregnancy tests onto schoolgirls
The First Instance Division of the East African Court of Justice has heard a case challenging the Government of Tanzania over an alleged statement by the District Commissioner of Dodoma, directing all heads of schools and education officers to compulsory test schoolgirls for pregnancy.
The Regional Commissioner had reportedly ordered that the students be checked for pregnancy every three months.
The case with Reference No. 10 of 2020 was filed by Inclusive Development for Citizens and the Center for Strategic Litigation (CSL) against the Attorney General of the United Republic of Tanzania.
The Applicants further allege that the disputed statement, supported by the education Regulations, G.N. No. 295 of 2002 under Regulations 4(b), (c), and 7(b) on suspension and expulsion of pupils, violates Tanzania’s Constitution, Articles 6(d), 7(2), and 8(1)(c) of the EAC Treaty and Article 17 of the African Charter on Human and Peoples’ Rights.
Ms Praisegod Joseph representing the applicants asserted that the case was filed within the two-month limitation period, as required by Article 30(2) of the EAC Treaty and the Court has jurisdiction to hear and determine the case.
In further arguments, the applicants’ lawyer, Jeremia Mtobesya, contended that a statement made by the District Commissioner of Dodoma instructing schools to compulsory test school girls for pregnancy, violated the fundamental principles of good governance and human rights protection under Articles 6(d), 7(2), and 8(1)(c) of the EAC Treaty.
He argued that the government’s policy on compulsory pregnancy testing and the expulsion discriminates against girls, subjects them to degrading treatment, and severely impacts their education and welfare.
Mr Mtobesya urged the court to find the Tanzanian government in contravention of the Treaty, which calls for respect for girls’ rights.
In response, the Tanzanian government, represented by Principal State Attorney Ms Vivian Ishengoma and other lawyers from the Attorney General’s office, denied the allegations arguing that the government did not violate the East African Community Treaty, as the statement by the District Commissioner had not been formally implemented.
Ms. Vivian noted that only the Education Commissioner is authorized to issue binding circulars for schools, and the commissioner did not make such a directive.
The State’s legal team further asserted that the matter was moot; pointing out that significant action had been taken by the government, including the cessation of mandatory pregnancy tests.
Additionally, the AG’s lawyers argued that girls are no longer expelled from schools for being pregnant but are instead allowed to return to school after two years, thus addressing the applicants’ concerns.
The Court will deliver a judgment at a later date.