Tanzania will not pay reparation fees to convicted prisoners serving jail sentences for serious crimes
Tanzania says it is not prepared to pay any amount of money to convicts serving jail sentences for serious crimes committed in the country, under any circumstances.
The Minister for Constitution and Legal Affairs Dr Damas Daniel Ndumbaro revealed here that one of the challenges that Tanzania found herself in, was receiving orders to pay Applicants serving lawful sentences in prison for serious crimes such as rape and armed robbery, reparations amounting to 300,000/-
The sum amounting to approximately USD 125 was to be compensation to convicts due to the fact that the applicants were not provided with legal aid as required under the standards of the African Court for Human and People’s Rights.
The Minister made tha statement while addressing delegates during the Stakeholders’s platform taking place on the margin of the 76th ordinary session of the African court on human and peoples’ rights.
Dr Ndumbaro pointed out that the sum of USD 125 was close to the minimum monthly wage in Tanzania, therefore, it was rather strange to pay such an amount to the jailbird who was lawfully convicted for the offence of raping a 14 year old girl, simply because he was not provided with legal aid.
The Minister explained that legal aids are usually provided for the offences with a capital punishment sentence, thus to pay this convict one month’s minimum wage while he is still in prison serving a lawful sentence for an undisputed offence cannot be accepted by the Tanzanian society and likewise impossible for the Government to implement.
Under such matters therefore, there will always be a disconnection between the orders of the African Court, the expectations of the people that the same institution is meant to protect and the Government’s sentencing and punishment policy.
Delivering a Keynote Address, Lady Justice Imani Daud Aboud the President of the African Court on Human and Peoples’ Rights said despite the Court’s establishment as a beacon of hope for victims of human rights violations, statistics indicate that twenty years after the adoption of the Protocol, only 34 of the 55 member states of the African Union are parties to the Protocol.
“And out of 34 State Parties to the Protocol, only 12 have deposited the Article 34(6) Declaration, and 4 have withdrawn in recent years. These withdrawals have created significant barriers for African citizens seeking justice and reparations,” she stated.
For the participants, they said advocacy for increased ratifications and depositions of the declaration will be a critical focus moving forward.
“Another critical issue discussed during this meeting was the alarmingly low compliance rate with the Court’s decisions, which currently stands below 10 percent,” said Lady Justice Aboud.
“This significant lack of compliance not only undermines the authority of the Court but also denies justice to countless victims of human rights violations, leaving them without the redress they rightfully deserve.”
“A range of practical and actionable measures to address this challenge include strengthening political will among State Parties to honour their legal obligations, leveraging the power of civil society advocacy to hold governments accountable, and fostering strategic partnerships with both regional and international human rights organizations.”
The President added that through these concerted efforts, we aim to ensure that the Court’s decisions are respected and that justice is delivered to those whose rights have been violated.
In a different development, the African Court is organising a judicial seminar on 4 February 2025 under the theme “Rendering Justice for Women through Reparations.”