Ngaiza, Cecilia Edward
Practicability of the African Charter on Human and Peoples' Rights in Protecting the Rights of Indigenous Peoples in Tanzania: Case Studies of the Hadzabe and Maasai
There is not in place a uniform definition of the term “collective human rights” at least in the African human rights instruments. However, these rights have been contextually referred to be relevant for certain communities or groups of people with a common shared interest or identity.
The research on the applicability of the African regional human rights law at the national level in Tanzania has been preferred to contribute knowledge to the field of human rights in Africa. The study focuses on the recent practice of peoples’ rights provided for under the African Charter on Human and Peoples’ Rights, 1981 herein referred to as “the Charter”. The specific rights in question are peoples’ rights to equality, existence and self-determination, free disposal of wealth and natural resources, economic, social and cultural development, peace and security and general satisfactory environment favourable for development respectively. The research seeks to answer an overriding question as to whether peoples’ rights stated in Charter are instrumental in promotion and protection of indigenous peoples’ rights in Tanzania, drawing specific examples from the Hadzabe and Maasai communities.
This research involves both desk and empirical research. Desk research entails visits to the libraries and relevant documentation centres as well as the online resources. As to the empirical research, the researcher intends to employ structured and semi-structured interviews to obtain relevant information from the legal experts, officers in the governmental and non-governmental organisations and representatives from the selected Hadzabe and Maasai communities.
In the end, the researcher expects to have established in details, the foundation for the inclusion of peoples’ rights in the Charter and their relationship with the indigenous peoples’ rights; explained indigenous peoples’ insights on the relevancy of peoples’ rights to their own communities, described the status quo of Tanzania’s fulfilment of her domestic duty as a member of the Charter to promote and protect (indigenous) peoples’ rights in the country and finally, the study intends to provide viable recommendations as to the best practice in fulfilment of such duty.